cirY or
DATE:
TO:
FROM:
PREPARED BY:
SUBJECT:
Item No. 4
STAFF REPORT
February 9, 2026
Honorable Mayor and City Council
Dr. Sean M. Moore, City Manager fK1
Fermin Preciado, Director of Development Services/City Engineer Landon Kern, Assistant City Engineer LK
Todd Gutjahr, Public Works Analyst�j
Contract Amendment No. 1 — B&R Consulting Engineers, Inc for Professional Engineering and Land Survey Services
RECOMMENDATION:
That the City Council:
Accept the Release from Contract request from Hernandez, Kroone, & Associates Engineering & Land Surveyors for providing Professional Engineering & Land Survey Services to the City of Yucaipa; and
2. Approve and authorize the City Manager or his designee to execute Contract Amendment No. 1 to the contract with B&R Consulting Engineers, Inc. in the not -to -exceed amount of $89,000 for providing Professional Engineering & Land Survey Services to the City of Yucaipa; or
3. Provide further direction to staff.
BACKGROUND/DISCUSSION:
As a result of a competitive RFP/RFQ process, the City Council approved the award of four (4) professional services contracts at the June 24, 2024 City Council meeting for Professional Engineering & Land Survey Services. These professional services are required to support the City's Engineering and Public Works divisions, including the design and construction of the City's Capital Improvement Program (CIP) projects. The four (4) contracts were awarded to the following firms, each at $100,000; (1) Hernandez, Kroone & Associates Engineers and Land Surveyors (HKA), (2) B&R Consulting Engineering, Inc. (B&R), (3) IMEG Consultants Corporation (IMEG), and (4) TKE Engineering Inc.
Since 2024, these firms have all provided satisfactory services, supporting a variety of engineering and land surveying needs. The contract term limits were approved for FY25-27, with the option to extend the contracts for one additional two-year period through FY29. 02/09/2026 City Council Agenda 30
On December 12, 2025, staff received a letter from HKA announcing their plans to close operations and requested the City formally release them of their contract. HKA subsequently closed its operations on December 31, 2025. Section 21(b) (Termination of Agreement) of their contract states that the "Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City." HKA has been a valuable partner to the City and played a key role in providing engineering support for emergency grant funding applications, and preliminary reports for future repairs as a result of damages sustained during Tropical Storm Hilary. To date, HKA has a remaining balance of $89,000 on their contract, and they do not have any current/active projects with the City.
B&R Consulting Engineers, Inc. (B&R) has provided professional engineering and land survey services for City projects such as the Wilson III Basin Project, the 13th Street Tentative Tract Map, the 7th Street Pickleball Court Project, and the FY23/24 Pavement Management Program. Their professional services to the City have been exemplary, efficient, on schedule, and have resulted in construction cost savings for the City. They also have an office in the City, allowing them to efficiently respond to the City's needs. As a result, staff is recommending the transfer of the $89,000 available balance from the HKA contract to the B&R contract as a part of this item.
FISCAL IMPACT:
The recommendations do not result in a fiscal impact.
Attachments:
1. HKA Letter requesting release from Contract
2. B&R Contract Amendment No. 1
02/09/2026 City Council Agenda 31
ATTACHMENT 1
02/09/2026 City Council Agenda 32
Hernandez, Kroone & Associates
Engineers & Land Surveyors
December 12, 2025
Dr. Sean M. Moore
City Manager, City of Yucaipa
34272 Yucaipa Boulevard,
Yucaipa, CA 92399
Subject: Request for Release from Contract — Professional Services Agreement Dear Dr. Moore,
I am writing to formally request release from our contract dated July 2023, between Hernandez, Kroone & Associates, Inc and City of Yucaipa. As you may be aware, Hernandez, Kroone & Associates will be closing operations effective December 31, 2025.
Given this closure, we will no longer be able to fulfill the obligations outlined in the agreement. While we have valued our partnership and the work accomplished together, the winding down of our business necessitates that we conclude contractual commitments.
Hernandez, Kroone & Associates does not have any active projects with the City that will be impacted by this request.
I respectfully request that City of Yucaipa release Hernandez, Kroone & Associates from the remaining terms of the contract effective upon our closure date. We are committed to working with you to ensure a smooth transition and will provide any necessary documentation or assistance to facilitate this process.
Thank you for your understanding and cooperation during this transition. Please let me know if you require additional information or if there are specific steps we should take to finalize this release.
Sincerely,
Z�'� /;'� "
Anne M. Hernandez, PE
Principal
Copy to:
Mr. Daniel Meisenbach
Construction Engineer, City of Yucaipa
34272 Yucaipa Boulevard,
Yucaipa, CA 92399
234 East Drake Drive ♦ San Bernardino, California 92408 Phone: (909) 884-3222 ♦ Fax: (909) 383-1577 ♦ www.hkagroup.com K:\2023 Contr0acYs\9� (�?��2CiCt ty oju
ucalpa - 6,n l Survey\Request for termination.dou 33
ATTACHMENT 2
02/09/2026 City Council Agenda 34
FIRST AMENDMENT TO CONTRACT BETWEEN
B&R CONSULTING ENGINEERS, INC. AND THE CITY OF YUCAIPA
This Amendment ("First Amendment") is an Amendment to the Professional Engineering & Land Survey Services contract between the City of Yucaipa, a municipal corporation ("City") and B&R Consulting Engineers, Inc. ("Contractor") on July 1, 2024 (the "Contract"). This Amendment to the Contract is effective as of February 9, 2026.
RECITALS:
A. On July 1, 2024, the City and Contractor entered a Contract for Professional Engineering & Land Survey Services for a term of three (3) years.
B. City and Contractor now wish to amend the Contract to increase the Contract amount.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
Amendment of Section 4.a. Section 4.a. of the Contract is amended to read as follows:
"a. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amount 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 $189,000 (`Not to Exceed Amount'), unless additional compensation is approved in writing in accordance with Section 25 "Administration and Implementation of Section 27 `Amendment' of this Agreement."
2. Amendment of Exhibit B. Exhibit B of the Contract is hereby deleted and replaced by Exhibit B as attached hereto.
3. Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Contract remains in full force and effect and binding upon the Parties.
4. Counterparts. This First Amendment may be executed in counterparts. Each counterpart shall be deemed an original, and all counterparts shall be deemed the same instrument with the same effect as if all parties hereto had signed the same signature page.
IN WITNESS WHEREOF, the parties hereby execute this First Amendment as of the date first written above.
02/09/2026 City Council Agenda 35
ATTEST:
Ana Sauseda, MMC Date
Director of General Services/City Clerk
FUNDS AVAILABLE:
Phillip White, Director of Finance
Fermin G. Preciado,
Director of Development Services/City Engineer
APPROVED AS TO FORM:
Steven Graham Pacifico, City Attorney
2 CITY OF YUCAIPA,
a municipal corporation
Dr. Sean M. Moore Date
City Manager
CONTRACTOR
B&R Consulting Engineers, Inc. Date
02/09/2026 City Council Agenda 36
Exhibit A
02/09/2026 City Council Agenda 37
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF YUCAIPA
A CALIFORNIA MUNICIPAL CORPORATION
;kac
B&R CONSULTING ENGINEERS, INC.
A CALIFORNIA CORPORATION
CITY OF
Form Approved 2/17/2023
02/09/2026 City Council Agenda 38
PROFESSIONAL SERVICES AGREEMENT
FOR PROVIDING PROFESSIONAL ENGINEERING & LAND SURVEY SERVICES TO THE CITY OF YUCAIPA BETWEEN THE CITY OF YUCAIPA AND B&R CONSULTING ENGINEERS, INC.
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into this I` day of July 2024 ("Effective Date"), by and between the CITY OF YUCAIPA ("City"), a California municipal corporation and B&R Consulting Engineers, Inc. a California Corporation ("Consultant"). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as "Party" and hereinafter collectively referred to as the "Parties."
RECITALS
1. City has sought by Request for Qualifications/Proposals for providing professional engineering and land survey services defined and described particularly in Section 2, "Scope of Services and Schedule of Performance" of this Agreement.
2. Consultant was selected by City to perform those services.
3. Consultant was selected by City on the basis of Consultant's demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
4. City has authority to enter 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." 02/09/2026 City Council Agenda 39
(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 $100,000 ("Not to Exceed Amount"), unless additional compensation is approved in writing in accordance with Section 25 "Administration and Implementation" or Section 27 "Amendment" of this Agreement.
(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 02/09/2026 City Council Agenda 40
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."
02/09/2026 City Council Agenda 41
SECTION %. 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, fonnulas 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 02/09/2026 City Council Agenda 42
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 tinder this Agreement in a thorough, 02/09/2026 City Council Agenda 43
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 02/09/2026 City Council Agenda 44
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 infonmation 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 02/09/2026 City Council Agenda 45
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 fiilly 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.
02/09/2026 City Council Agenda 46
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 perfonmedby 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.
02/09/2026 City Council Agenda 47
(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 Party shall be liable for damages, including liquidated damages, if any, caused by delay in perfonmance 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 tern 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: B&R Consulting Engineers, Inc.
Attn: Fred Valencia, PE
34432 Yucaipa Boulevard, Suite C
Yucaipa, CA 92399
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, 02/09/2026 City Council Agenda 48
if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 24. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.
SECTION 25. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 "Amendment" and the City Manager's contracting authority under the Yucaipa Municipal Code.
SECTION 26. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 27. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager's contracting authority. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
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. 02/09/2026 City Council Agenda 49
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 addendum s
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. 02/09/2026 City Council Agenda CO
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 "D" (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.
02/09/2026 City Council Agenda 51
PROFESSIONAL SERVICES AGREEMENT
FOR PROVIDING PROFESSIONAL ENGINEERING & LAND SURVEY SERVICES TO
THE CITY OF YUCAIPA BETWEEN THE CITY OF YUCAIPA AND B&R CONSULTING ENGINEERS, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first -above written.
ATTEST:
CITY CLERK
r
,1
By:
APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF YUCAIPA
Chris Mann
City Manager
CONSULTANT
Uocuftned by:
By:
Ft i( (h C.
Its:
President
02/09/2026 City Council Agenda 52
EXHIBIT "A"
SCOPE OF SERVICES
02/09/2026 City Council Agenda 53
I I I 34432 Yucaipa Blvd., Suite C • Yucaipa, CA 92399
nc:u ro„w khug r.,,F:fi c r, Mc. Fred Valencia, PE • (909) 915.492S • [email protected] Nahro Saoud, PE, QSD • (909) 556.7721 • [email protected] June 6. 2024
\dr. Fermin Preciado. P.L.
Director of Development Services/City Engineer
.� City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa. CA 92:199
RE: Professional Engineering & Land Survey Services to theWity of Yucaipa for Fiscal Years 2024/2025, 2025/2026, & 2026/2027
Duai- \Ir. P eciado:
In response to the City . llequest IurQualilication, ak1\,•. B&RCoii=ulling Kngi iccr- Inc. (B&ID .. is pleased to suhill it this Statement of CluclliIIVat ion� tilr:L11 oppornulin to prowidt, I'rofeaional V119ineet•iog & I.:nld ;Ut'VV%. Services as needed to support the ('ity of Yucaipa in the design and .-. construction of various Inr:ll. ,:ate. and li•dcrallc t'uncled ('apind Improvement Progr:on projects.
The B&Rl'c•:tnt has :t pt•ncen marl: record of surer•-: delivering projects t\ilhill hutl -rd and on schedule t hruu;;h our aht i 1'fccti\ c and value -adding ,ervices. 11•e are confident that our taam is ideally suited to provide• the most c(impre-hensiwe and cost•effiTtive services while adch•es.im-, the most challen;im-, problems.
.4 Qualified learn of Dicerso and L+rcrrl rhqg Pr mt .Qsirnals B&R is rondy to provide the City of 1•ucaipa with excellent engineering. design. survvyim,. and construction expertise. The B&Rstaff have had many years of experience on a myriad of projects of varying scope. cost. and complexity. In addition. B&R staff have boon participating in the delivery of several sucemsful projects in the C'il'v of Yucaipa since'2017. We have recently added James D. Cole.:I licensed land iurvvYm,. to our team and he has provided survey services to the City of S'ucaipa on many projects over scwer:ll years.
lt'successful. the B&RTeam will be called upon to provide critical engineering and survey services on in m.-needed basis to assist the ('itc io the delivery of their C;ipital Improvement Program projects in an efficient and cost•effi-ctiwa m:utner. We arc pruP.u•ed to provide a scupe of the services Ihat meets or exceeds the requirements set forth in the City's RFQ. Therefore. our goal is to ensure that \ye have the depth of resources readily available that are mtilti-skilled, qualified. r^ experienced. and efficient.
Bali 7'e m) Responsiveness rani (i)mnrlinuvrr
Our team is structured to he responsive to your needs and commits nor principals and support staff to this important contract. The "- Team commits to pl\tviding 100 s, of• the City's needs. To cnsurc SUCCeSS. 0111• Project Construction Engincet-. Fred and \ahm. and our Senior land Surveyor James Cole will take aft leti\'e role in I)lYl\'Idlllg the FIOf)I' Of 3e11'ICCS required. the support ofourteam of highly skilled and mutt idi.K•iplinat}• exprnls. \wo mm exllvmelw rnnlidenl in our nhilitw to get the joh clone right in a alst•elfectiwe nutnner.
02/09/2026 City Council Agenda 54
BS--R Benefits
n Kvy stalfiiIIIiliur with City of Yucaipa procedures. processes. and requirenumts m Key Stafl•11'ith Proven Responsivenes,
n Experienced with City of Yucaipa street nionunientation and existing control points w The staffs familiarity with previous phased construction will enable a .month and efficient transition to future phases
^� = Expertise Developed Over Many Years Delivet•ing Successful Projects ■ Ilost of our proposed staff reside in the City of Yucaipa or adjacent Cities m Ability to Provide Timeh• and Exceptional duality Work in an Efficient Manner w Proven Expericnca in Construction Manavoment. Survey Staking. and Construction Engineering
m :Ability to Provide. Staffon a Full-Tinte or Part -Time Basis in Response to Workload Demands
= Effective Internal Company Cost Controls Fur i.crwer Cosh Solid 'frock Record Performing En,,nw&ring and Surte a• Services and Estahlishrd PlvA-:siotyal M Relation_ hip.,,
r, B&Rstaff in this proposal have built st rant; professional relationships working together to deliver several City of Yucaipa projects.:ls Praticct Construction Engineers. Fred and Nahro teamed with .lames in coordinating and providing construction staking to contractors on several City o(' Yucaipa ptYiject,. dati,es has extensive knowledge of* the local area. he is familiar with existing control points, and has knowledge of previously phased work which will result in an efficient and tiniel% performance of the services requested. Now working together as a small firm. we call offer the City ol,Yucaipa the flexibility to provide the services needed on short notice and our ability to handle complex assignments.
C ost F17ocrtive Sara ire.s for E&crent ,Manua-vruent
B&R maintains a very aggressive cult control system to ensure that we are competitive in the industry and cost effective for our clients. Out- current tie schedule provides all-inclusive rates that are the same (br straight time and overtime. even oil projects requiring payment ol'prevailing wages for field staff. All vehicles. survey equipment. phone. computer. and travel time costs are included in our fee structure. Phis system simplifies tracking and stops overtime and direct costs from chipping away at the budget.
1. Fred Palencia. as the Project Manager/Project Construction Engineer. am fully committal to A providing all the resources required to ensure the success o('the Cit.•'s projects. i may be reached at (909) 915- 182.5 or at fvalenci;r�76nndreng.cam. B&R looks forward to providing the City of r^ Yucaipa with the services outlined in this RFQ.
Ita•spectfidh• Submitted.
r.
B&R Consulting li'ngineer: Inc:
I�a•�.d \alc�nria. PI,
- I'rc�s;de�nt
_. 2
,—,
02/09/2026 City Council Agenda 55
Firm Profile
02/09/2026 City Council Agenda 56
BXiN Cansulting Engineers Inc.
Professional Engineering & land Survey Services to the
City of Yucaipa for Fiscal Years 2024/2025. 2025/2026, & 2026/2027 Firm Profile
B&R Consulting Engineers Inc. (B&•Rt is a construction
management firm that caul provide high quality construction management. construction engineering. land surveying.
inspection services. office engineering, constructahility revica•s. claims management. and contract administration for public works and transportation projects. The firm principles have over :35 years' experience in the industry. Most of that experience was „aimed working oil a myriad of Calt•ans highway roadway and structures projects. 'That experience has served the B&R team nienibcrs well. allowing for the successful completion of several City of Yucaipa projects. Some of these projects required construction in phases like the Wilson III Basin projects and the Dunlap Boulevard Bridge Replacement project. The B&R Team partnered with the Cite to develop hid packages including plans and specifications to accommodate the phasing of projects.
Our team ape rialires in bridges, highways. and municipal Infrastructure. B&B can provide specialized Lonst•uction expertise in roadway construction. earthwork. utilities. storm drains. concrete and asphalt paving. highway electrical/traffic signal installation/lighting. bridge construction. box culverts. retention basins. S\`'PPI'. striping and traffic detours. office engineerinff. CPM scheduling. and dispute resolutioit.
B&Rcan alsopnnide land survey services. Our licensed land survey staff is experienced in all types of surveying including (CPS. conventional. boundary. topographic. construction. structural . reel. Civil :31111AUTOt aD drawings and maps. Our licensed land surveyor is also a Certified Party Chief in Subdivision. Boundary.
Construction. and Topographic Surveys.
B&R under,imids the inherent limitations of construction contract administration budget- on municipal projects. B&Rstaff are intiltf•shilled and can perform the fill scope of these projects without the need for additional staff. B&-R is also able to provide staffing as needed whim needed or on a part time basis.
B&B is certified as a DBE firin in the State of California :uul our firm's office is in the City of 1"ucaipa.
B&R is a California Corporation and is owned and mautaged by licensed Civil Engineers. B&R staff are experienced with projects of all sires and scope. All our experience is derived from working on highway and bridge projects and local City and County projects.
Most of our team members have worked in both the public and private sector. In addition, we have expesrience working in both an oversight role with local agencies delivering their projects and experience working fora local agency helping deliver their projects that have State and Federal Oversis;ht.
02/09/2026 City Council Agenda 57
Professional Engineering & Land Survey Services to the
A' City of Yucaipa for Fiscal Years 2024/2025,.2025/2026, & 2026/2027
TECHNICAL PROPOSAL
SCOPF. OF I ORK
The following narrative describes services that B&R can provide as needed at the City's discretion. B&R is equipped to handle all the services listed in the RFQ B&R is confident we can provide these survey services to ensure successful consuuction Contracts and that the projects are completed in compliance with contract requirements and applicable government regulations. B&R staff will act as an extension of the City of Yucaipa by establishing a sound working-elauonship with the City and understanding specific resource needs and how best to fill them. Our basic objectives are:
Delivet a product that satisfies the City's needs
�. . Improve project delivery performance with relation to quality, scope, schedule and cost Complete the task right the first time
Anticipate and respond to issues before they become problems by focusing on r:ritical areas Communicate continucio ly anti effectively with stakeholders Manage change and risk
If selected, B&R will provide land survey services to assist the Cry of Yucaipa prima,ily in the design and constructicn of various federal, state, and locally funded projects. The RFQ provides a brief overview of typical "Scope of U7ork" activities, they are:
Street/design cross sections: 25' on center minimurn.
Topographic survey showing surface features which would affect design. r• Manhole, storm drain manhole and catch basin invert elevations.
Utility location survey.
Street centerline monument survey: centerline ties.
Right of way survey.
Mapping.
Legal descriptions/plats.
Construction staking as needed for each protect.
All necessary cut sheet,, maps, legal descriptions, plats, documents and Civil 3D/AutoCAD files.
Construction Staking
It is assumed that a major portion of the services provided under this contract will involve construction staking. Complezte, timely. and accurate construction staking is crucial to the construction of a project in accordance with the engineer's design and to the overall success of the project. Construction Staking is the placement of either physical markers (stakes) or painted markings on streets, sidewalks, or other surfaces with associated infonrarion to be used as a basis forthe actual construction. Tire information provided will descritte the hodiontal and vertical location of improvements and provide associated cut or fill to finished surfaces.
Our surveyors implement Global Positioning Systems to ensure an efficient and accurate operation resulting in a quality product.
B&R can offer a full spectrum of construction staking services that may include:
Clearing and Grubbing Stakes/Limits of Grading
Rough Grade Stakes
Slope Stakes
Curb and Gutter Stakes
Curb Returns
Signal Foundations and Pedestals
Pavement Stakes
Inlet Structures and Junction Structures
Storm Drains. Reinforced Concrete Box Culverts
Fencing, Gates, and Barriers
ADA Compliance Surveys
23 02/09/2026 City Council Agenda 58
Professional Engineering & Land Survey Services for the Design and Construction PO4 of various local, state, and federal funded Capital Improvement Program Parking Lots
CIDH or Driven Piles
Street Cross Sections
As the City prepares to start the design of roadway improvements, initial planning may require cross sections of the existing roadway alignment that desorbes the profile of the original ground, roadway widths, and cross slopes. These measurements may be used for primary design, estimating volumes for import and export. identifying removals or items to protect in place. The survey may include manhole elevations, catch basin inlet and outlet elevations, walls, driveways. fire hydrants, trees, traffic signal �- poles, and traffic signal controllers. These existing facilities shall be located by station and offset distance.
Topographic Surveys
topographic surveys niay be required when a larger project site area needs to be depicted using contour lines and all natural and man-made features are shown. Features like fences, trees, manmade structures, rlowlines, depressions, and hills are shown. These types of surveys are provided to designers and engineers for the design rf ne:v facilities. development of mass diagrams, and the -�, calculation of fill and cut quantities. Topographic contours can be shown at intervals appropriate for the intended use and taking into consideration if the general terrain is fiat or steep.
Positive Utility Location Surveys
Utility surveys for design purposes include identifying the positive location of all above grrund and underground utilities. These types of Surveys are much more detailed and accurate than information marked on pavement surfaces or sidewalks by utility r-� location, services like DigAlert "811" or the respective utility companies.
Accurate positive location of utilities is imperative for the design: of new facilities especially If new underground drainage systems or signal foundations are planned. The information serves to plan facilities to avoid utilities, if possible, minimize need for relocations, or design new facilities with aptuopriate clearances. This information is also needed in the writing legal descriptions, ' identifying easements. and the planning or estimating the relocation of utility farilities.
The following are lists of facilities and critical points to be located for various utilities:
Oil and Gas Pipelines
Intersection point with centerlines and/or right of way lines ., . For lines parallel to right of way - location ties necessary to show relationship to the right of way lines Vents
Angle Points
Meter Vaults and Valve Pits
Water and Sewer Lines
Intersection point with centerlines and/or right of way lines For lines parallel to right of way - location ties necessary to show relationship to the right of way lines Elevation on waterlines, sewer inverts, and manhole rings �- Fire hydrants
Overhead Lines
Supporting structures on each side of roadway with elevation of neutral or lowest conductor at each cenlerhne crossing point.
On lines parallel to roadway, supporting structures that may require relocation, including overhead guys, stubs, and anchors.
Underground Lines
Cables/lines
Manholes, pull boxes, and transformer pads.
Crossing at centerline or right of way lines
^� - For lines parallel to right of way - location ties as necessary to show relationship to the right of way lines. 24 02/09/2026 City Council Agenda 59
l Professional Engineering & Land Survey Services for the Design and Construction of various local, state, and federal funded Capital Improvement Program Street Centerline/Monument Surveys and Centerline Tics
The proper maintenance and protection of centerline monuments is crn,cal to be able to determine exact property boundaries and the public right -of -way. Center Line Ties are used to locate the centers of streets and street intersections. This information is necessary for the design and construction of improvements in the public right-of-way, the design and consauction private development, and the development of tract or parcel rnaps. Street monuments are constantly at risk of being destroyed or hinied by street reconstruction or paving operations. B&R is ready to perform this task as needed.
Legal Descriptions/Plats
A legal description of real property or public right-of-way is a way to accurately describe the location of a property. The land surveyor is responsible for performing accurate and comprehensive surveys. the surveyor's duties entail conducting precise measurements, collecting geospatial data, and producing detailed reports and rnaps or plats in compliance with applicable laws and regulations. This includes establishing property boundaries and identifying and documenting easements. The surveyor will assess the accuracy and adequacy of existing land descriptions and records. ensuring legal compliance and minimizing potential disputes. B&R's services will be to the highest standards of integrity, objectivity, and professionalism.
B& R .-I ppruurb it; Requecietl.Serrice..s
B&R understands, has experience, and can provide the scope of services as described in the RFQ for Professional Engineering & Land Survey Services. Some of the facilities B&R staff arc experienced with are retention basins, storm drains, traffic signals, ADA compliant facilities, sidewalks, curband gutter, pavement rehabilitation, utilities, retaining walls, sound walls, drainage structures, rock slope protection and bridge improvements. On these projects, B&R staff are experienced in providing all aspects of full construction management services, including, but not limited to, inspection of the contractor's work to ensure compliance with the contract requirements. In these projects. B&R also closely coordinated with Jim Cole to ensure the contractor constructed the new facilities in accordance with the construction staking.
B&R staff have experience providing both full construction management services and land survey services that focus on the project and owner requirements. Depending on the size and complexity of projects, our fli Aihility allows our firm to staff projects either full-time or part-time.
25 02/09/2026 City Council Agenda 60
EXHIBIT "B"
COMPENSATION
Compensation for the Services shall not exceed $189,000 ("Not to Exceed Amount") 02/09/2026 City Council Agenda 61
(� City of Yucaipa
B&R consulting Engineers [tic. RFQ for Professional Engineering & Land Survey Services Proposal Due Date: June 6, 2024
2024/2025, 202S/2026, 2026/2027 Hourly Rate Sheet
Job Title
Employee Names
2024/2025 Hourly
Billing Rates*
I 2025/2026 Hourly
Billing Rates"
I 2026/2027 Hourly
Billing Rates"'
Task Description
Surveyor One -Man Crew
Jim Cole, LS or
$204.00
$210.12
$21G.4Z
Provide Surveying for Land, Utilities, Right of
Jimmy Cole
Way, etc.
Two
Crew Surveyor
Jimmy Cole, LS
$304,00
$313.12
Provide Surveying for Land, Utilities, Right of
Y -Man
Jimmy Cole
$322.51
Way, etc.
Project Construction
Engineer/Construction
Fred Valencia, PE
$200.00
$206.00
$212.18
Project Management, Project Construction
Engineer
(see note 2)
Engineering, Construction Engineering
Project Construction
Engineer/Construction
Nahro Saoud, PE
$200.00
$206.00
$212.18
Project Management, Project Construction
Engineer
(see note 21
Engineering, Construction Engineering
Civil Engineer
Khalid Saoud, PE
$175.00
$180.25
$185.66
Inspection, Project Construction Engineering,
(see note 2)
Construction Engineering
Designer
Walid Saoud, PE
$175.00
$180.25
$185.66
Design, Project Construction Engineering,
(see note 2)
Construction Engineering
Fully Loaded Rate includes direct labor, overhead cost, and fee. ' • Fully loaded Rate includes direct labor, overhead cost, and fee. Rates assumes 3% increase every Fiscal Year if agreed to by the City.
Other Direct Costs: Overtime will be billed at straight rate Cell Phone, Laptop, Survey Equipment: No charge
Vehicle, Surveying Tools and Materials: No charge
Notes: 1. All employees are subject to prevailing wages.
2. These employees are included only as additional resources if needed. 02/09/2026 City Council Agenda 62
City of Yucaipa
B&R consulting Engineers Inc. RFQ for Professional Engineering & Land Survey Services Proposal Due Date: June 6, 2024
2024/2025, 2025/2026, 2026/2027 Hourly Rate Sheet (Federal Aid Projects) Job Title Employee Names 2024/2025 Hourly 2025/2020 Hourly 2026/2027 Hourly Billing Rates' Billing Rates" Billing Rates" Task Description Surveyor One -Man Crew Jim Cole, LS or Provide Surveying for Land, Utilities, Right of Jimmy Cole $204'00 S210.12 $216.42
-- Way, etc.
Surveyor Two -Man Crew Jimmy Cole, LS $304.00 $322.51 Provide Surveying for Land, Utilities, Right of Jimmy Cole $313.12
Way, etc.
Project Construction --• _- --
Engineer/Construction Fred Valencia, PE J Project Management, Project Construction $200.00 $20G.00 5212.18 g 1
Engineer (see note 2) Engineering, Construction Engineering Project Construction
Engineer/Construction Nahro Saoud, PE $200.00 Project Management, Project Construction (see note 2) 5206.00 5212.18
Engineer Engineering, Construction Engineering
Civil Engineer Khalid Saoud, PE 5 Inspection, Project Construction Engineering. g $175.00 $1A0.7., (see note 2) $185.66 P J 6 g.
Construction Engineering
n, Designer :Walid Saoud, PE Design, 1 g Project Construction ineerin En {see note 2) $175.00 $180.25 $18S.6G g,
Construction Engineering
Fully Loaded Rate includes direct labor, overhead cost, and fee.
Fully Loaded Rate includes direct labor, overhead cost, and fee. Rates assumes 31. increase every Fiscal Year if agreed to by the City.
Other Direct Costs: Overtime will be billed at straight rate Cell Phone, Laptop, Survey Equipment: No charge
Vehicle, Surveying Tools and Materials: No charge
Notes: 1. All employees are subject to prevailing wages.
2. These employees are included only as additional resources if needed. 02/09/2026 City Council Agenda 63
EXHIBIT "C"
INSURANCE
(A) INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the Term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees.
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:
1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.
2. MINIMUM LIMITS OF INSURANCE.
GENERAL LIABILITY INSURANCE. 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 02/09/2026 City Council Agenda 64
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 02/09/2026 City Council Agenda 65
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 ANII, 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.
1. 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. 02/09/2026 City Council Agenda 66
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.
02/09/2026 City Council Agenda 67
EXHIBIT "D"
FEDERAL REQUIREMENTS
02/09/2026 City Council Agenda 68
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02/09/2026 City Council Agenda 69
Loral Assistance Procedures Manual
1. Local Agency:
3. Project Description:
4. Project Location!
5. CorlIts PCs Name:
Exhibit 10-02
Consultant Contract DBE Commitment
EXHIBIT 10-02 CONSULTANT CONTRACT DBE CommiTI Emr
City of Yucaipa 2- Contract DBE coal: 0%
Professional Project Engineering, Construction Contract Administration, Coordination and Insp�
8. Total DollarAmount for ALL Subconsultants:
6. Prime Certified DBE: 0 7. Total Contract Award Amount:
9. Total Number of ALL Subccnsultants:
10. Description of Work, Service, or Materials
Supplied
11, DBE
Certification
Number
12- DBE Contact Information
13. DBE
Dollar
Amount
Local Agancy to Complete this Section
14. TOTAL CLA1119ED OBE PARTICIPATION
$
20. Loral Agency Contract
pd. ^'K.,
21. Federal -Aid Project Number-
22. Contract Execution
natty
Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate-
23. Local Agency Representative's Signature 24. Date
25- Local Agency Representative's Name 26. Phone
27- Local Agency Representalive's Title
IMPORTANT: Identify all DBE firms being claimed for credit. regardless of tier. Written confirmation of each listed DBE is required.
15. Preparer's Signature 16. Date
1T- Preparer's Narne 18- Phone
19- Preparer's Till
DISTRIBUTION: 1 Original —Local Agency
2. Copy — Caltrans District Local Assistance Engineer (DIII 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) ti54-g410 or TDD (916) 554- 3880 or write Records and Forms Manegemenl, 1120 N Street, M549, Sacramento, CA 95814.
July 23, 2015
02/09/2026 City Council Agenda 70