Agenda packet, first session — San Dimas City Council, June 11, 2024 (part 1 of 4)

CITY COUNCIL MEETING AGENDA
TUESDAY JUNE 11, 2024 7:00 PM
SAN DIMAS COUNCIL CHAMBER
245 EAST BONITA AVENUE
A public agenda packet is available for review on the City’s website www.sandimasca.gov or by contacting the City Clerk’s Office at [email protected].

Members of the public may observe the City Council meeting live on the City of San Dimas website at www.sandimasca.gov or on KWST Channel 3. To view from the website, select the Watch City Council Meetings blue button from the home page.
7:00 PM
CITY COUNCIL
Mayor Emmett Badar, Mayor Pro Tem Ryan A. Vienna, Councilmember Rachel Bratakos, Councilmember Eric Nakano, Councilmember Eric Weber
CALL TO ORDER AND FLAG SALUTE
ORAL COMMUNICATIONS
(Members of the audience are invited to address the City Council on any item on this agenda or not on this agenda. Public comment will not be taken during each individual agenda item, except for public hearing items. Comments on public hearing items will be heard when that item is scheduled for discussion. Under the provisions of the Brown Act, the legislative body is prohibited from engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. Each speaker will be limited to speaking once for up to (3) three minutes.)
CONSENT CALENDAR
(All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council requests separate discussion.) CC1. Adopt Resolution 202439, A Resolution of the City Council of the City of San Dimas, Approving Certain Demands for the Prepaid Warrant Register of May 31, 2024 in the Amount of $448,964.79 and Warrant Register of June 14, 2024 in the amount of $591,904.57.

CC2. Approve the City Council Minutes of the May 28, 2024 Study Session and May 28, 2024 Regular Meeting
CC3. Deny Claim Smith v. City of San Dimas CJP 3051675 LSV CC4. Deny Claim Cordova v. City of San Dimas CJP 3051443 CC5. Adopt Resolution 202444, Establishing the 202425 Appropriations Limit.

CC6. Adopt Resolution 202445 Approving the City’s Investment Policy and Delegating Authority to theCityTreasurertoInvestCityFundsinAccordancewiththeProposedCityInvestmentPolicy

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Approving Certain Demands for the Prepaid Warrant Register of May 31, 2024 in the Amount of $448,964.79 and Warrant Register of June 14, 2024 in the amount of $591,904.57.

CC6. Adopt Resolution 202445 Approving the City’s Investment Policy and Delegating Authority to the City Treasurer to Invest City Funds in Accordance with the Proposed City Investment Policy and with City Manager or Designee for Approval for Fiscal Year Ending June 30, 2025 CC7. Authorize the City Manager to Enter into an Agreement with Troy & Banks Utility and Telecommunication Consultants to Perform an Audit and Survey of Utility, Waste, Recycling and Telecommunications Services Accounts
CC8. Approve a Contract Extension with West Coast Arborist, Inc. for Tree Maintenance Services for Three Years with Two SingleYear Renewal Options with An Increase in Contractual Specified Rates Not Exceeding 4% for 202425 or the Consumer Price Index in Subsequent Years.

CC9. Award Construction Contract 202405 San Dimas Canyon Road Sidewalk Improvements to CJ Concrete Construction in the Amount of $209,170; Approve Plans and Specifications for the Project; Approve an Appropriation of $78,579 from the General Fund; Approve a Project Budget of $240,546 which Includes the Construction and Contingency for the Project and Authorize the City Manager to Execute a Construction Contract with CJ Concrete Construction in a Form Approved by the City Attorney
CC10. Approve California Office of Emergency Services (CalOES) Form 130 Designating Agents Necessary to Provide for All Matters Pertaining to State and Federal Emergency Management Agency (FEMA) Reimbursements
CC11. Award Contract for the Design of the Lone Hill Park Regional Watershed Management Program Project to CWE in the Amount of $745,925; and Approve the Overall Project Budget of $832,620 Including Contingency and Authorize City Manager, or Designee, to Execute the Contract with CWE in a Form Authorized by the City Attorney.

CC12. Award Construction Contract 202403 Catch Basin Curb Inlet Filter Device Installation Project to S&H Civil Works in an Amount not to Exceed $320,275 including a 15% Contingency; Approve Plans and Specifications for the Project; and Authorize the City Manager to Execute the Contract in a Form Approved by the City Attorney.

CC13. Adopt Resolution 202429 and Resolution 202430, and Introduce Ordinance 1308 Approving General Plan Amendment 230001, Zone Change 220001, Tentative Tract Map 220001, Development Plan Review Board 220015, and Tree Removal Permit 220029, with a Mitigated Negative Declaration for two parcels located at 327 East Baseline Road and an unaddressed parcel (APNs 8661017010 & 011) for the development of seven (7) detached singlefamily residences.

CC14. Approve Resolution 202441 Authorizing Submission and Adoption of a 202425 List of Projects Funded by Senate Bill 1, Road Maintenance and Rehabilitation Act of 2017 CC15. Excuse and Grant Permission for Absences of Mayor Pro Tem Vienna from the City Council Meetings of July 9, 23, August 13, 27, and September 10, 24, 2024.

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CC16. Excuse and Grant Permission for Councilmember Eric Nakano from the City Council Meeting of June 11, 2024.

END OF CONSENT CALENDAR
RECOMMENDATION: Approve consent calendar with recommendations as presented in staff reports.

OTHER BUSINESS
OB1. Adopt Resolution 202446, Approving the 202425 Operating and Capital Improvement Program Budget
RECOMMENDATION: Staff recommends that the City Council:

Consider retaining funding for Commissioners and the Community Development Director to attend the Planning Commissioner ‘s Academy in Santa Rosa or remove it from the proposed budget.

Adopt Resolution 202446 approving the 202425 Operating and Capital Improvement Program budget.

OB2. Approve Resolution 202443, Approving A FiveYear Municipal Law Enforcement Services Agreement with the County of Los Angeles for Public Services Provided by the Los Angeles County Sheriff’s Department and Authorizing the City Manager to Procure Services of the Los Angeles County Sheriff’s Department Up to an Amount Authorized in the City’s Operating and Capital Budget for the Period of July 1, 2024, through June 30, 2029 RECOMMENDATION: The City Manager recommends the City Council:

Approve Resolution 202443 approving the 5Year Agreement with the County of Los Angeles for the period of July 1, 2024, through June 30, 2029, and Authorize the Mayor to execute the 5Year Agreement on behalf of the City.

OB3. Adopt Resolution 202442, Expressing the City Council’s Desire to Prioritize the Preservation of Equestrian Uses in Existing Single Family Agricultural Zoning RECOMMENDATION: The City staff recommends the City Council:

Approve Resolution 202442 approving the City Council’s policy to preserve equestrian uses in existing single family agricultural zoning.

OB4. Approve and Authorize Implementation of an Unmanned Aircraft Systems (UAS) Program, Authorize and Appropriate a Total Budget of $36,700.00 in 202324 for Purchase of Equipment, Software and Training/Licensure Program, and Authorize City Manager to Approve CityUASPolicy

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Authorize the Mayor to execute the 5Year Agreement on behalf of the City.

Approve Resolution 202442 approving the City Council’s policy to preserve equestrian uses in existing single family agricultural zoning.

1. Authorize and Appropriate a total budget of $36,700.00 from the City’s Public Safety Reimbursable Grant for the Unmanned Aircraft System (UAS) Program.

2. Approve the purchase of two (2) DJI Mavic 3 Enterprise (and accessories), One (1) DJI Matrice 30T (and accessories), Two (2) Real Flight RC Flight Simulator (and accessories) not to exceed $29,700.00.

3. Approve a budget for UAS training and licensing, not to exceed $4,000.00 per year.

4. Approve the purchase of a subscription to a UAS management software, not to exceed $3,000.00 per year.

5. Authorize City Manager to approve UAS Policy, in a form approved by the City Attorney.

OB5. Discussion, Consideration, and Possible Approval of Resolution 202440 Opposition to Golden State Water Company's Proposed Rate Increases
RECOMMENDATION: City staff recommend the City Council:

Approve Resolution 202440 opposing the proposed rate increases by Golden State Water Company; or
Take no position
ORAL COMMUNICATIONS
(Members of the Audience (Speakers are limited to (3) minutes or as may be determined by the Chair.) CITY REPORTS
CR1. City Manager
CR2. City Attorney
CR3. Members of the City Council
Councilmembers’ Report on Meetings Attended at the Expense of the Local Agency (Pursuant to AB 1234 – G.C. §53232.3(d)
City Council Requests for Future Items, Comments and Updates CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): One case.

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CR1. City Manager
CR2. City Attorney
CR3. Members of the City Council
Councilmembers’ Report on Meetings Attended at the Expense of the Local Agency (Pursuant to AB 1234 – G.C. §53232.3(d)
City Council Requests for Future Items, Comments and Updates CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): One case.

2. CONFERENCE WITH LEGAL COUNSELANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): One Case

ADJOURNMENT
Notice Regarding Americans with Disabilities Act: In compliance with the ADA, if you need assistance to participate in a city meeting, please contact the City Clerk’s Office at (909) 3946216. Early notification before the meeting you wish to attend will make it possible for the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.10235.104 ADA Title II].

Copies of documents distributed for the meeting are available in alternative formats upon request. Any writings or documents provided to the City Council regarding any item on this agenda will be made available for public review Monday through Thursday 7:30 a.m. to 5:30 p.m. and on Fridays from 7:30 a.m. to 4:30 p.m. at the Administration Counter at City Hall and San Dimas Library. In addition, most documents are posted on the City’s website at www.sandimasca.gov.

Posting Statement: I declare under penalty of perjury that on June 7, 2024, I posted a true and correct copy of this agenda on the bulletin board in the Civic Center Plaza of City Hall at 245 E. Bonita Ave., San Dimas Library 145 N. Walnut Ave., San Dimas Post Office 300 E. Bonita Ave., Von’s Via Verde Shopping Center 1160 Via Verde Ave., and on the City’s website www.sandimasca.gov/agendasminutes/ as required by law.

June 7, 2024
Debra Black
Debra Black, City Clerk Page 5
RESOLUTION 2024-39

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, CALIFORNIA, APPROVING CERTAIN DEMANDS FOR MAY 31, 2024 AND JUNE 14, 2024
WHEREAS, the following listed demands have been audited by the Director of Administrative Services; and
WHEREAS, the Director of Administration Services has certified as to the availability of funds for payment thereto; and
WHEREAS, the register of audited demands has been submitted to the City Council for approval.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas does hereby approve the Prepaid Warrant Register of May 31, 2024 in the amount of $448,964.79 and Warrant Register of June 14, 2024 in the amount of $591,904.57.

PASSED, APPROVED AND ADOPTED this 11th, day of June 2024. _____________________________
Emmett G. Badar, Mayor
ATTEST:
_________________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2024-39 was approved by vote of the City Council of the City of San Dimas at its regular meeting of June 11th, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Debra Black, City Clerk

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CITY COUNCIL STUDY SESSION

ACTION MINUTES
MAY 28, 2024, 5:30 PM
Council Members Present: Mayor Emmett Badar, Mayor Pro Tem Ryan A. Vienna, Councilmember Rachel Bratakos, Councilmember Eric Nakano, Councilmember Eric Weber Staff: City Manager Chris Constantin, Assistant City Manager Brad McKinney, Director of Public Works Shari Garwick, Director of Administrative Services Michael O’Brien, Director of Community Development Luis Torrico, City Attorney Jeff Malawy, City Clerk Debra Black, Acting Planning Manager Marco Espinoza
Call to Order: 5:30 PM

STUDY SESSION ITEMS COMMENTS/RECOMMENDATIONS

1. Discussion of the City’s Code Involving
Single Family Agricultural Zone and
Related Permitting of Certain Domestic
Animals
MOTION: Motion by Mayor Pro Tem Vienna,
second by Councilmember Weber directing
Staff to return in October 2024 with a study
session to discuss potential changes to the
SF-A zone that would positively impact
property owners' ability to maintain
equestrian and other animal-keeping uses.

Motion carried 4-0-1 with Councilmember
Nakano abstaining.

The City Council requested the following
information:
 A map identifying all SF-A parcels.
 An outline of the cases in which the
City tracks the number of parcels
maintaining equestrian or other
animals; and
 Identification of best practices for
horse keeping, including a review of
policies in the cities of San Luis
Obispo, Lompoc, Cambria, Norco,
Fontana, Eastvale, Covina, and Chino.

Yes: Badar, Bratakos, Vienna, Weber
No: None

Absent: None
Abstain: Nakano

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Approve the City Council Minutes of the May 28, 2024 Study Session and May 28, 2024 Regular Meeting Page 2
For the Meeting of June 11, 2024
Adjourned: 6:50 PM
I, Debra Black, City Clerk attest that these draft minutes are accurate and reflective of the actions taken by the City Council.
________________________________
Debra Black, City Clerk

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CITY COUNCIL AND HOUSING

AUTHORITY MEETING

ACTION MINUTES
MAY 28, 2024 7:00 PM

REGULAR MEETING
Council Members Present: Mayor Emmett Badar, Mayor Pro Tem Ryan A. Vienna, Councilmember Rachel Bratakos, Councilmember Eric Nakano, Councilmember Eric Weber Staff: City Manager Chris Constantin, Assistant City Manager Brad McKinney, Director of Public Works Shari Garwick, Director of Administrative Services Michael O’Brien, Director of Community Development Luis Torrico, City Attorney Jeff Malawy, City Clerk Debra Black, Acting Planning Manager Marco Espinoza, Landscape Maintenance Manager Steven Farmer, Housing Manager Lily Flores
Call to Order: 7:00 PM

CONSENT ITEMS COMMENTS/RECOMMENDATIONS

1. Recognize Mosquito Awareness Week

2. Adopt Resolution 2024-33, A Resolution
of the City Council of the City of San
Dimas, Approving the Warrant Register
of May 30, 2024, in the amount of
$1,184,479.77.

3. Approve the City Council Minutes of the
May 14, 2024, Study Session and May
14, 2024, Regular Meeting

4. Receive and File the April 2024
Investment Report

5. Approve a Vendor Agreement with the
San Dimas Chamber of Commerce to
Provide Economic and Business Support
Activities in an Amount not to Exceed
$16,800

6. Receive and File the Revised Draft San
Dimas Downtown Specific Plan That Will
Be Considered at Future Public Hearings
Before the Planning Commission and
City Council

7. Authorize the City Manager to Enter into
Reimbursement Agreements with Bonita
Unified School District (BUSD) to
Reimburse the City of San Dimas for use
of a Special Assignment Deputy in the
Councilmember Nakano requested
discussion for consent calendar item 7.

MOTION: Motion by Mayor Pro Tem Vienna
seconded by Councilmember Weber to
approve the consent calendar items 1-8
excluding item 7. Motion carried 5-0.

Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None

Absent: None
Abstain: None
MOTION: Motion by councilmember Nakano
seconded by Mayor Pro Tem Vienna to
approve the consent calendar item 7. Motion
carried 5-0.

Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None

Absent: None
Abstain: None

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May 28, 2024 City Council Minutes Page 2
Amount of $255,144 and a Crossing
Guard in the Amount of $9,100.

8. Adoption of Ordinance 1307 - Municipal
Code Text Amendment 22-0002, a
Municipal Code Text Amendment to
amend Title 18-Zoning of the San Dimas
Municipal Code to Create Standards to
Regulate Recycling Facilities, Donation
Boxes and Non-US Postal Service
Mailboxes, and Amend Title 18-Zoning,
Chapter 18.08 Definitions to Reflect the
Changes Associated with the Proposed
Standards. Pursuant to CEQA guidelines
Section 15061 (b)(3), CEQA does not
apply to this item because there is no
potential for causing a significant effect
on the environment. Therefore, no
additional environmental review is
needed at this time.

HOUSING AUTHORITY ITEMS COMMENTS/RECOMMENDATIONS

1. Approve the Appropriation of Funds for
the Camera Installation Project for
Charter Oak Mobile Home Estates; and
Approval of an Agreement with Netsync
Network Solutions (Netsync) in an
Amount not to exceed $66,877.39 for the
purchase and installation of equipment
and cameras for the Charter Oak Mobile
Home Estates
MOTION: Motion by Mayor Pro Tem Vienna
seconded by Councilmember Weber to
approve the appropriation of funds for the
camera installation and approval of
agreement with Netsync. Motion carried 5-0.

Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None

Absent: None
Abstain: None

PUBLIC HEARING ITEMS COMMENTS/RECOMMENDATIONS

1. Adopt Resolution 2024-34 Setting the
City-Wide Landscape Parcel Tax for
Fiscal Year 2024-25
No public comments were received on this
item.

MOTION: Motion by Councilmember Weber
seconded by Mayor Pro Tem Vienna to adopt
Resolution 2024-34. Motion carried 5-0.

Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None

Absent: None
Abstain: None

2. Adopt Resolution 2024-36 Confirming the
Assessment for Open Space
Maintenance District No. 1, Annexation
No. 3 (Tract 32841, Northwoods).

No public comments were received on this
item.

MOTION: Motion by Mayor Pro Tem Vienna
seconded by Councilmember Weber to adopt
Resolution 2024-36 with no increase.

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May 28, 2024 City Council Minutes Page 3
Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None

Absent: None
Abstain: None

3. Adopt Resolution 2024-37, Option 1
Confirming the Assessment for Open
Space Maintenance District No. 1 (Tract
32818, Boulevard) with an increase for
Consumer Price Index in the Amount of

3.4% or $20.50/Parcel
No public comments were received on this
item.

MOTION: Motion by Mayor Pro Tem Vienna
seconded by Councilmember Weber to adopt
Resolution 2024-37, Option 1. Motion carried
5-0.

Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None

Absent: None
Abstain: None

4. Discussion, Consideration and
Introduction of Ordinance 1308 to
Approve ZC 22-0001 and Approve
Vesting Tentative Tract Map 22-0001,
General Plan Amendment 23-0001,
Development Plan Review Board 22-
0015 and Tree Removal Permit 22-0029;
PROJ-22-0051 A request to approve the
subdivision of two (2) existing parcels
into seven (7) new parcels (TTM 83304)
to be developed with seven (7) detached
single-family residences, amend the
General Plan designation of the two (2)
parcels from Single Family Very Low (0.2
– 3) to Single Family Low (3.1 – 6),
change the Zoning of the two (2) parcels
from SF-A 16,000 to S-F 7,500, and
remove 11 mature protected trees for the
properties located at 327 East Baseline
Road and an unaddressed parcel (APNs
8661-017-010 & -011); and Amend the
General Plan Land Use designation of 17
parcels from Single Family Very Low (0.2
– 3) and Commercial to Single Family
Low (3.1 – 6), and change the Zoning
designation of 17 parcels from SF-A
16,000 to S-F 7,500 for the properties
located at 1102, 1108, 1114, 1120, 1126,
1132 & 1136 Cherokee Court, 315 E.

Baseline Road and an unaddressed
Parcel (APNs 8661-017-009 & -008), 245
This item was taken out of order and heard
first at the request of Mayor Pro Tem Vienna.

City Attorney Malawy recommended to split
the recommendations into two decisions.
 Decision 1 approve or deny the
entitlements and zoning of the 2
parcels along Cherokee Court owned
by the Applicant.
 Decision 2 Deny the rezoning or
continue the rezoning of the 17
parcels to the next council meeting.

MOTION: Motion by Mayor Pro Tem Vienna
seconded by Councilmember Bratakos to
approve the entitlements and zoning changes
for two parcels and seven homes along
Cherokee Court and deny the request to
rezone the 17 parcels, bring back revised
resolutions, and for the developer to prevent
infringement on horse keeping for adjacent
properties as much as possible. Motion
carried 5-0.

Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None

Absent: None
Abstain: None

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May 28, 2024 City Council Minutes Page 4
E Baseline Road, and 1117, 1121, 1129,
1139, 1145, 1151 & 1150 N. Walnut
Avenue and to adopt an Initial
Study/Mitigated Negative Declaration
(IS/MND).

5. Adopt Resolution 2024-27 and Introduce
Ordinance 1306 Approving the Following
Related Applications with a Mitigated
Negative Declaration for the
Development of a 63,749 Square Foot
Warehouse/Office Multi-tenant Building
on a 2.58-acre Site Located at the
Northwest Corner of Cataract Avenue
and Allen Avenue (309 W. Allen Avenue,
917 N. Cataract Avenue, And 929 N.

Cataract Avenue) APN’s 8392-016-008, -
048, and -047.

The City Attorney announced that Public
Hearing Item 4 was denied by Council and
therefore item 5 cannot be approved and
must be continued to a date uncertain.

MOTION: Motion by Mayor Pro Tem Vienna
seconded by Councilmember Weber to
continue the public hearing to a date
uncertain. Motion carried 5-0.

Yes: Badar, Bratakos, Nakano, Vienna,
Weber
No: None

Absent: None
Abstain: None

CITY REPORTS COMMENTS/RECOMMENDATIONS

1. City Manager None

2. City Attorney None

3. Members of the City Council
Reports on Meetings Attended AB 1234
(G.C. §53232.3(d))
All Councilmembers attended the California
Contracts Cities Annual Seminar.

CITY COUNCIL REQUESTS FOR

FUTURE ITEMS

COMMENTS/RECOMMENDATIONS
Request by Councilmember Nakano and
supported by Mayor Pro Tem Vienna to
discuss adding the Planning Commission
training budget during the city budget
discussion at the next meeting.

CLOSED SESSION ITEMS COMMENTS/RECOMMENDATIONS

1. CONFERENCE WITH LEGAL

COUNSEL--EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of case: City of Whittier, et al. v.

Superior Court of the State of California,
County of Los Angeles, et al., Orange
County Superior Court Case No.
23STCP03579
Following the closed sessions, the City
Attorney made a public announcement that
the City Council met and discussed the two
closed session items listed on the agenda,
that the City Council gave direction to staff on
those items, and that no reportable action
was taken. Councilmember Vienna recused
himself and did not participate in closed
session item number 2, due to a conflict of
interest resulting from the involvement of his
employer, the County of Los Angeles, in the
item.

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May 28, 2024 City Council Minutes Page 5

2. CONFERENCE WITH LEGAL
COUNSEL—ANTICIPATED

LITIGATION
Initiation of litigation pursuant to
Government Code Section
54956.9(d)(4): One case.

Adjourned: 9:25 PM
I, Debra Black, City Clerk attest that these draft minutes are accurate and reflective of the actions taken by the City Council.
________________________________
Debra Black, City Clerk

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PO Box 2411, Tustin, CA 92781
T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com
CA License #2607296
May 30, 2024
TO: City of San Dimas
ATTENTION: Brad McKinney
RE: Claim : Smith vs. San Dimas
Claimant : Diana Smith
Member : City of San Dimas
Date Rec’d by Mbr : 5/22/24
Date of Event : 12/6/23
CW File Number : CJP-3051675 LSV
Please allow this correspondence to acknowledge receipt of the captioned claim. Please take the following action:
• CLAIM REJECTION: Send a standard rejection letter to the claimant.

Please include a Proof of Mailing with your rejection notice to the claimant. An exemplar copy of a Proof of Mailing is attached. Please provide us with a copy of the Notice of Rejection and copy of the Proof of Mailing. If you have any questions feel free to contact the assigned adjuster or the undersigned claims specialist.

Very Truly Yours,
CARL WARREN & CO.

Timothy M. Varon
Timothy M. Varon
Claims Supervisor

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SAN
DIMAS
19hi1

CLAIM AGAINST THE CITY OF SAN DIMAS
For damages to Persons or Personal Property)
Received by via O US MAIL O Inter - Office Mail Over the Counter A claim must be filled with the City Clerk of the City of San Dimas within six ( 6) months after which the incident or event occurred. Be sure your claim is against the City of San Dimas, not another public entity. Where space is insufficient, please use additional paper and identify information by paragraph number. Completed claims must be mailed or delivered to the City Clerk, the City of San Dimas, 245 E. Bonita Avenue, San Dimas, CA 91773- 3002

TO THE HONORABLE MAYOR & CITY COUNCIL, THE CITY OF SAN DIMAS, CALIFORNIA The undersigned respectfully submits the following claim and information relative to damage to persona and/ or personal property:

1. Name of Claimant DIANA SMITH
a. Address of Claimant
b. Telephone Number ( c. Date of Birth
d. Social Security No. e. Driver' s License

2. Name, telephone and post office address to which claimant desires notices to be sent If other than above: BYRON M. PURCELL, ESQ., IVIE McNEILL WYATT PURCELL & DIGGS

3. Occurrence or event from which the claim arises:
a. Date 121612023 b. Time 1412 pm a. m./p.m. c. Place ( exact & specific location) MERCED AVE, AND SUNSET AVE., WEST COVINA, CA d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage Use additional paper If necessary) INJURED IN BUS. v. VEHICLE COLLISION WHILE PASSENGER ON "GET ABOUT," VEH #155 ALSO SEE ATTACHMENT A e. What particular action
by the City, or its employees, caused the alleged damage orInjury? SEEATTACHMENTA

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4. Give a description of the injury, property damage or foss, so far as is known at the time of this claim. if there were no injuries, state " no injuries".

INJURIES INCLUDE, BUT ARE NOT LIMITED TO, TRAUMATIC BRAIN INJURY, HEADACHES, INJURY TO NECK, BACK, BILATERAL LEGS,

FRACTURED RIB( S)

ALSO SEE ATTACHMENT C
S. Give the name( s) of the City employee( s) causing the damage or injury:

MINWU ZHANG,

6. Name and address of any other person injured:

7. Name and address of the owner of any damaged property:
a. Amount claimed as of this date: $ 1, 01010110
b. Estimated amount of future costs: $ 1, 000, 00a
c. Total amount claimed: $ 2, oco, 000 ALSO SEE ATTACHMENT C d. Basis for computation of amounts claimed ( attach copies of all bills, invoices, estimates, etc.)

9. Names and addresses of all witnesses, hospitals, doctors, etc.

SEE ATTACHMENT A

10. Any additional information that might be helpful in considering this claim:

SEE ATTACHMENT B - POLICE REPORT DIAGRAM
WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! ( Penal Code 72; Insurance Code § 556.1)
I have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters stated upon information or belief as to such matters I believe the same to be true. I certify under penalty of perjury that the foregoing is TRUE AND CORRECT.

Signed this 15TH day of MAY , 20 24 at LOS ANGELES
ail ant' sAnature
BYRON M. PURCELL,/

ATTORNEY FOR CLAIMANT

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ATTACHMENT A
TO CITY OF SAN DIMAS:
3e. What particular action by the City, or its employees, caused the alleged damage or injury?
CLAIMANT WAS INJURED IN BUS. v. VEHICLE COLLISION WHILE PASSENGER ON GET ABOUT," VEH # 155.

MINWU ZHANG NEGLIGENTLY DROVE BUS IN WHICH CLAIMANT WAS A PASSENGER

AND COLLIDED WITH ANOTHER VEHICLE, VIOLATING VARIOUS SECTIONS OFTHE CA VEHICLE CODE, INCLUDING BUT NOT LIMITED TO SECTIONS 21453( a), 22350. SAID

EMPLOYEE ALSO FAILED TO ADEQUATELY SECURE CLAIMANT IN WHEELCHAIR INSIDE BUS.

CITY OWNED OR OPERATED THE SUBJECT VEHICLE AND NEGLIGENTLY TRAINED, ENTRUSTED, AND PERMITTED MINWU ZHANG TO DRIVE SAID VEHICLE. ( CA VEHICLE CODE SECTION 17150; CACI 724); OR CITY IS A MEMBER OF THE POMONA

VALLEY TRANSPORTATION AUTHORITY ( PVTA) FORMED TO PROVIDE AND

ADMINISTER PUBLIC TRANSPORTATION SERVICES, SUCH AS THE BUS THAT

CLAIMANT WAS A PASSENGER AT THE TIME OF THE SUBJECT INCIDENT

9. Witnesses: Edvin Babayova,

1. SAN DIMAS HOSPITAL
12/ 7/ 23

2. A. MICHAEL MOHEIMANI, M. D.

COAST SPINE & SPORTS

MEDICINE
12/ 28/ 23 TO PRESENT
KOOROSH JOSHUA ELIHU, M. Q.
2/ 22/ 24 TO PRESENT
Dated: May 15, 2024
IAN

4. VILIAM J. FURDIK, M. D.
2/ 27/ 24 TO PRESENT

5. MERSHAD HAGIGI, M. D.

PLUS IMAGING
1/ 9/ 24

6. MED STAR PHYSICAL THERAPY
1/ 11/ 24 TO PRESENT
IVIE, McNEILL WYATT
VRCELL, ESQ.

FOR CLAIMANT,

Page 50 ends

STATE OF CALIFORNIA

DEPARTMENT
SKETCHPage
OFCALIFORNIA HC4WAYPATROL ATTACHMENT
S a of 6 CHP
555 Page 4 (Rev. 4- 11) OPI 060 DATE
OF CQI. CFSFON (MO, DAY, YEAR) TIME ( 24W) NCIC 2 OFFICER I.D. NElf. 98ER 1210612023 1412 1975 442 23- 07885 ALL

MEASUREMENTS ARE APPROXIMATE AND NOT TO SCALE UNLESS STATED G 7v
NoV450,
Flo }
J/
r
v
AOt

PREPARED

BY IO NUMBER MD DAY YEAR REVFEWERS NAME MO
DAY YEAR Waidley,
Stephanie 442 442 12/ 06/ 2023 Marquez, Jose 400 12114/ 2023

Page 51 ends

ATTACHMENT C

MEDICAL BILLS

Page 52 ends

tatement Date
DRNA S M1rH
Page
Chart Number
Date Procedure Description Case Number Amount
Previous Balance: 0. 00
Patient: DIANA SMITH C ha rt *.

Case Description: DOE 12/ 06/ 2023 Date of Last Payment; Amount; 0. 00 12/ 28/ 2023 99205 OFC/ OUTPT E& M NEW MOD- HI60 MIN 26994 1, 313, 00

Page 53 ends

Plusimaging
REMIT PAYMENT TO:

Plus Imaging
8351 Rochester Ave. Suite 106
Rancho Cucamonga, CA 91730
Tax ID No:

BILLING STATEMENT: 01/ 2912024
This billing statement may not reflect all amounts owed to Plus Imaging.

Please email: Liens@la PlusMRI, com for Final Balance Verification.

Blling reflects the technical and professional components.

Patient Name: Smith, Diana Patient ID:

Address:

Date of Loss: 121612023

PROCEDURES AND BILLINGS
Billing reflects the technical and professional components.

Service Date Imaging Location Procedure Code Procedure Description MOD DX Amount 9351 RocheslerAve. Suite 106, MRI Cervical Spine WfO CONTRAST 01/ 0912024 Rancho Cucamonga CA 91730 72141
M54. 2 $ 2, 2u0. 00
6351 Rochester Ave. Suite 106,
0110912024 Rancho Cucamonga CA 91730
MRI Lumbar Spine WO CONTRAST'
72148 M54. 5.$ 2, 200. 00
Total Charges: Tatal Payments: Total Adjustments: Balance Due:
4, 40D. 00 $ 0. 00 $ 0. 00 $ 4, 400. 00
All services contained on this statement were performed on a lien basis, meaning your office must contact Plus Imaging upon settlement and prior to disbursal of settlement proceeds.

This billing statement may not reflect all amounts owed to Plus Imaging. Please email: Liens@PlusMRI. com for Pinal Balance Verification.

Remit Payment to: Plus Imaging
8351 Rochester Ave. Suite 106,
Rancho Cucamonga, CA 91370

Page 54 ends

MIC HAE L MOHE ] MANJ M. D.

E IN/ TAX ID#
SANTA ANA, CA 92705
714) 285- 0014
DIANA S M] TH
Statementnt Date Page
Chart Number
Date Procedure Description Case Number Amount
Previous Balance: 0. 00
Patient: DIANA 5 MITH
Case Description: DOP. 12/ 06/ 2023
Chart#
Date of Last Payment: Amount: 0. 00
12/ 28/ 2023 99205
1/ 25/ 2024 99214
QFCf0UTPT E& M NEW MOD-HI60 MIN
OFC/ OUTPT E& M ESTAB MOD- HI25 MIN
26994
26994
1, 313. 00
704.00
I

Page 55 ends

Institute4 f
Ehhu
for Pain Management
325 N Maple Dr # 15742
Beverly Hills, CA 90210
323- 642- 6455
L] fo:cwelihupain. eorn
Billing Invoice, EIN:

Provider: Koorosh Joshua Ehhu, M. D.

Date: 02/ 23/ 2024
Patient Name: Diana Smith
Date of Birth:

Date of Injury: 12/ 06/ 2023
Date of Service I Description IFee
02/ 22/ 202d NEW PATIENT CONSULT 99205- 95 $ 1, 450. 0
Total: $ 1, 450. 00
Please make all checks payable:

The Elihu Institute
325 N Maple Dr # 15742
Beverly Hills, CA 90210

Page 56 ends

4 BILL FOR SERVICES
Description Units Amount
Comprehensive Neurological
Consultation
1 2000. 00
Amount Due: $ z000. 00
Please make all checks payable:

Culver Medical
640 south San Vicente. # 220
Los Angeles, CA 90048

Page 57 ends

MIC HAE L MOHE IMANJ M. Q.

E INJAX ID#
SANTA ANA, CA 92705
714) 285- 0014

DIANA S MITH
Statement Date
Chart Number
millum---
Date Procedure Description Case Number Amount
Previous Balance: 0, 00
Patient: DIANA SMITH Chart#:

Case Description; DOI: 12/ 06/ 2023 Date of Last Payment: Amount: 0. 00 12/ 28/ 2023 99205 OFC/ OUTPT E& M NEW MOD- HI60 MIN 26994 1, 313. 00 1/ 25/ 2024 99214 OFC/ OUTPT E& M ESTAB MOD- HI25 MIN 26994 704. 00 2/ 29/ 2024 99215 OFC/ OUTPT E& M ESTAB MOD- HI40 MIN 26994 1, 075. 00

Page 58 ends

Elihu Institute
for Pain Management
325 N Maple Dr # 15742
Beverly hills, CA 90210
323- 642- 6455
info,. dehhupain. com
Billing Invoice, EIN:

Provider: Koorosh Joshua Elihu, M. D.

Date: 03/ 18/ 2024
Patient Name: Diana Smith
Date of Birth:

Date of Injury: 12/ 06/ 2023
Date of Service Description Fee
02/ 22/ 2024 NEW PATIENT CONSULT 99205- 95 1, 450. 0
03/ 13/ 2024 PATIENT FOLLOWUP 99214 750. 0
LUMBAR -SACRAL ORTHOSIS L0637: Sagittal- coronal control with rigid anterior and posterior frame/ panels, posterior extends from sacrococcygeal junction to T-9 vertebra, lateral strength provided 03/ 13/ 202 by rigid lateral frame/ panel 3, 150 0
Total: $ 5, 350. 00
Please make all checks payable:

The Elihu Institute
325 N Maple Dr # 15742
Beverly Hills, CA 90210

Page 59 ends

PO Box 2411, Tustin, CA 92781
T: 657-622-4200 | F: 866-254-4423 | www.carlwarren.com
CA License #2607296
TO: City of San Dimas
ATTENTION: Debra Black, Brad McKinney

RECOMMENDATION TO REJECT
RE: Claimant : Kathy Cordova
Member : City of San Dimas
Date Rec’d by Mbr : 04-29-2024
Date of Event : 03-14-2024
CW File Number : CJP-3051443
Please allow this correspondence to acknowledge receipt of the captioned claim. Please take the following action:
• CLAIM REJECTION: Send a standard rejection letter to the claimant.

Please include proof of mailing with your rejection notice to the claimant. Please provide us with a copy of the Notice of Rejection and a copy of the Proof of Mailing. If you have any questions, feel free to contact the assigned adjuster or the undersigned claims specialist.

Very Truly Yours,
Janice Baluyut
Janice Baluyut
Claims Examiner
Carl Warren & Company, LLC | A Venbrook Company
Direct: 657.622.4326
Email: [email protected]

Page 60 ends

ooqk Q View this page in: En IishC Translai] Turn off for: Detect language

CLAIM AGAINST THE CITY OF SAN
For damages to Persons or Personal PI rty)
SAN
APR 2 9 2024
DIMAS
ovdo CITY OF SAN DIMAS

ADMINISTRATION
A claim must be filed with the City Clerk of the City of San Dimas within six ( 6) months after which the incident or event occurred. Be sure your claim is against the City of San Dimas, not another public entity.

Where space is insufficient, please use additional paper and identify information by paragraph number.

Completed claims must be mailed or delivered to the City Clerk, the City of San Dimas, 245 E. Bonita Avenue, San Dimas, CA 91773- 3002

Name/ of Claimant
i- irst p LN me
a. Address of Claimant
b. Telephone Number c. Date of Birth
Format: MMIDDJYYYY
d. Social Security No e. Driver' s License

2. Name, telephone and post office address to which claimant desires notices to be sent If other than above:

3. Occurrence or event from which the claim arises:

I o,Rch 1 1 10 Uz
nttos: llsandimasca. ria. revize. com/ forms/ 3196 4/ 28124, M1 PM Pane 1 of 4

Page 61 ends

a. Date b. Time
MM/ DD/YYYY( j ( a. rn. Jp. m. 9p
Format: MM/ DDIYYYY
c. Place ( exact & specific location)
d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage (Use additional paper if necessary)
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e. What particular action by the City, or its employees, caused the alleged damage or injury? M llb'
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Qeisor r, e" oativoe. a d- l was ne

4. Give a description of the injury, property damage or loss, so far as is known at the time of this claim. If there were no injuries, state " no injuries".

5. Give the name( s) of the City employee( s) causing the damage or injury:

6. Name and address of any other person injured:

7. Name and address of the owner of any damaged property:

Eddie. k V) a.

8. Damages claims:
https:// sandimasca. rja. rev! ze. com/ forms/ 3195 4/ 28/ 24, 3: 31 PM

Page 2 of 4 ends

Page 62 ends

a. Amount claimed as of this date:
too
b. Estimated amount of future costs:
c. Total amount claimed:
q, (Qo
d. Basis for computation of amounts claimed (attach copies of all bills, invoices, estimates, etc.) Choose File no file selected
Choose File no file selected
Choose File no file selected
Choose File no file selected

9. Names and addresses of all witnesses, hospitals, doctors, etc. a
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10. Any additional information that might be helpful in considering this claim:

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WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! ( Penal Code 72; Insurance Code § 556. 1)
I have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters stated upon information or belief as to such matters I believe the same to be true. I certify under penalty of perjury that the foregoing is TRUE AND CORRECT. 11ttps: ftsandimasca. ria. revize. com/ forms/ 3195 4/ 28J24. 3: 31 Ptv

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Page 66 ends

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of June 11, 2024
From: Chris Constantin, City Manager
Prepared by: Michael O'Brien, Director of Administrative Services Subject: Adopt Resolution 2024-44, Establishing the Calculation Factor for the 2024-25 Appropriations Limit.
____________________________________________________________________________

SUMMARY
Council confirmation of the factor used for calculating the Annual Appropriations Limit for the 2024-25 fiscal year.

RECOMMENDATION
City Staff recommends that the City Council:
• Adopt Resolution 2024-44, establishing the calculation factor for the 2024-25 Appropriations Limit.

FISCAL IMPACT
No fiscal impact when the tax base is below the Appropriations Limit. It is currently well below the established threshold.

BACKGROUND
The “Gann Initiative” (established by 1979’s Proposition 4) insured voters that limits were placed on all State and Local government appropriations or expenditures. After the passage of Proposition 13, a group of citizens were concerned that state spending increases would prompt California lawmakers to increase other taxes to compensate for the reduction in property tax revenues. The Gann Limit was proposed as a mechanism to limit State and Local spending. In June 1990, the voters of California approved Proposition 111, which revised the annual adjustment factors applied to the 1986-87 appropriations limit and each year thereafter.

Pursuant to Article XIII B of the State Constitution and Section 7910 of the State Government Code, all government entities must adopt an annual Appropriations Limit. The Gann Appropriations Limit specifies that appropriations funded by taxes may be increased annually by

Page 67 ends

Establishing the 2024-25 Appropriations Limit Calculation Page 2 For the Meeting of June 11, 2024
the highest change in California per capita income or nonresidential assessed valuation and the change in San Dimas population or Los Angeles County population.

The City Council is required to confirm, each fiscal year, the factor used for calculating the annual Appropriation Limit.

DISCUSSION/ANALYSIS
For the 2024-25 Appropriations Limit, the City will be using the County of Los Angeles population percent change of 0.05. which is higher than the -0.31 percent change of the City population along with the California per capital cost of living change of 3.62% as growth factors in computing the 2024-25 appropriations limit. This will result in an increased Appropriations Limit of $100,368,029, which is $3,554,798 higher than the previous fiscal years total of $96,813,231, and well above the approximate budget of $30,000,000 in taxes to be received by the City from all funds in the 2024-25 fiscal year.

ENVIRONMENTAL REVIEW
Pursuant to CEQA guidelines Section 15061 (b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. Therefore, no additional environmental review is needed at this time.

Respectfully submitted,
Michael O'Brien
Director of Administrative Services
Attachments:

1. Resolution 2024-44 Appropriation Limit

Page 68 ends

ATTACHMENT 1
RESOLUTION 2024-44

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS,

COUNTY OF LOS ANGELES, ADOPTING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-25 AND APPROPRIATE EXCESS REVENUES
WHEREAS, the City Council of the City of San Dimas is authorized under the provisions of Article XIIIB of the California Constitution to adopt an Appropriation Limit for fiscal year 2024- 25; and
WHEREAS, implementation of Proposition 111 and SB88 (Chapter 60/90) modified the annual adjustment factors to be either the growth in California per capita personal income or the growth in nonresidential assessed valuation due to construction in the City; and WHEREAS, the City elects to use the change in California per capita personal income as its cost of living growth factor for the 2024-25 fiscal year which is 3.62% or a factor of 1.0362; and
WHEREAS, the population factor under Proposition 111 is the change in population in the City or in the County; and
WHEREAS, the County’s change in population provided by the State Department of Finance applicable to the fiscal year 2024-25 Limit is .05% or a factor of 1.0005 and is greater than the City’s negative growth rate of -0.31% or a factor of .9969; and WHEREAS, the fiscal year 2023-24 Appropriations Limit of $96,813,231 shall be used as the base toward calculating the Limit for fiscal year 2024-25; and NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Dimas does hereby resolve that: The Appropriations Limit for fiscal year 2024-25 shall be $100,368,029; and there are hereby appropriated assigned fund balances of all revenues subsequently received by City funds in excess of the 2024-25 appropriations up to the Appropriations Limit in the following funds: 1,2,7,8,40-41,71-78.

Per Capita Personal Income Change: 3.62% = 1.0362 ratio County Population Change 0.05% = 1.0005 ratio
(City Population Change -0.31)
Ratio of Change 1.0362 x 1.0005 = 1.0367181
Appropriations Limit 2023-24 = $96,813,231
Ratio of Change x 1.0367181
Appropriations Limit 2024-25 = $100,368,029
PASSED, APPROVED AND ADOPTED this 11th day of June, 2024.

Page 69 ends

Resolution 2024-44 Page 2
Appropriations Limit 2024-25
June 11, 2024
____________________________________
Emmett G. Badar, Mayor
ATTEST:
_______________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2024-44 was adopted by the City Council of San Dimas at its regular meeting of June 11, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Debra Black, City Clerk

Page 70 ends

Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of June 11, 2024
From: Chris Constantin, City Manager
Prepared by: Michael O'Brien, Director of Administrative Services Subject: Adopt Resolution 2024-45 Approving the City’s Investment Policy and Delegating Authority to the City Treasurer to Invest City Funds in Accordance with the City‘s Investment Policy and with City Manager or Designee, Approval for Fiscal Year ending June 30, 2025
____________________________________________________________________________

SUMMARY
City staff requests that the City Council approve Resolution 2024-45 and Exhibit A Investment Policy with no changes from the prior year.

RECOMMENDATION
Staff recommends that the City Council:
• Adopt Resolution 2024-45 approving the City’s Investment Policy and delegating authority to the City Treasurer to invest City funds in accordance with the proposed City Investment Policy and with City Manager or Designee approval for Fiscal Year ending June 30, 2025

FISCAL IMPACT
There is no fiscal impact for the recommended action.

BACKGROUND
In 2017, the Administrative Services Department conducted a complete revision of the Statement of Investment Policy to provide clear objectives, guidelines, and suitable investment options.

Since then, the City has conducted annual reviews of the Statement of Investment Policy to assure compliance with California Government Code section 53600.3 and any new laws or regulations that may dictate the means in which we may invest our idle funds.

Page 71 ends

Approve Proposed City Investment Policy for Fiscal Year ending June 30, 2025 Page 2 For the Meeting of June 11, 2024
The City’s Statement of Investment Policy dictates the objectives, investment authorization and authority, authorized and suitable investments, diversification of securities and maturities and reporting guidelines that are in conformity with California Government Code Section 53600.3.

DISCUSSION/ANALYSIS
Per the City of San Dimas Municipal Code, an annual action is required to designate a position authorized to invest City funds in accordance with an approved investment policy. This resolution would grant this designation and authority to the City Treasurer, currently the Administrative Services Director.

Any investment would require the City Manager's or designee's approval, which is typically the Assistant City Manager in the City Manager‘s absence approval, as well as reporting such investments to the City Council 30 days after the transaction.

ALTERNATIVES
The City Council could request revisions to the policy to be implemented and brought back to the Council for approval at the following Council meeting.

Respectfully submitted,
Michael O'Brien
Director of Administrative Services
Attachments:

1.Resolution 2024-45

Page 72 ends

ATTACHMENT 1
RESOLUTION 2024-45

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY

OF LOS ANGELES, APPROVING THE CITY INVESTMENT POLICY FOR FISCAL YEAR ENDING JUNE 30, 2025, DELEGATING AUTHORITY TO THE CITY

TREASURER TO INVEST CITY FUNDS IN ACCORDANCE WITH THE

INVESTMENT POLICY SUBJECT TO CITY MANAGER OR DESIGNEE,

APPROVAL, AND REQUIRING THE CITY TREASURER TO PROVIDE MONTHLY

REPORTS OF INVESTMENT TRANSACTIONS TO THE CITY COUNCIL
WHEREAS, the City of San Dimas, California (City) has established an Investment Policy to provide an optimal combination of security and investment return while meeting the daily cash flow demands of the City and conforming to all State and local statutes governing the investment of public funds; and
WHEREAS, the Investment Policy dictates the objectives, investment authorization and authority, authorized and suitable investments, diversification of securities and maturities, and reporting guidelines that are in conformity with California Government Code Section 53600.3; and WHEREAS, the Investment Policy requires an annual review and approval by the City Council to ensure compliance with California Government Code and any new laws or regulations that may impact the investment of idle funds; and
WHEREAS, the City Council has reviewed the proposed Investment Policy for the fiscal year ending June 30, 2025, and finds that it provides clear objectives, guidelines, and suitable investment options for the City's funds; and
WHEREAS, the City Council desires to delegate the authority to the City Treasurer to invest City funds in accordance with the Investment Policy, subject to approval by the City Manager, and to require the City Treasurer to provide monthly reports of investment transactions to the City Council.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Dimas as follows:

SECTION 1. The City Council of the City of San Dimas hereby approves the City Investment Policy for the fiscal year ending June 30, 2025, as attached as Exhibit A.

SECTION 2. The City Treasurer is hereby authorized to invest City funds in accordance with the approved Investment Policy, subject to approval by the City Manager.

SECTION 3. The City Treasurer shall provide a monthly report of all investment transactions to the City Council within 30 days following the end of each month, certifying compliance with the City's Investment Policy.

SECTION 4. The City Clerk shall attest and certify the adoption of this resolution.

Page 73 ends

Resolution 2024-45 Page 2
Investment Policy
June 11, 2024
PASSED, APPROVED AND ADOPTED this 11th day of June 2024. __________________________
Emmett G. Badar, Mayor
ATTEST:
_____________________________
Debra Black, City Clerk
I, Debra Black, City Clerk, hereby certify that Resolution 2024-45 was approved by vote of the City Council of the City of San Dimas at its regular meeting of June 11, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Debra Black, City Clerk

Page 74 ends

Resolution 2024-45 Page 3
Investment Policy
June 11, 2024

EXHIBIT A

CITY OF SAN DIMAS

STATEMENT OF INVESTMENT POLICY

1. POLICY: It is the policy of the City of San Dimas to invest public funds in a manner that will provide an optimal combination of security and investment return while meeting the daily cash flow demands of the City and conforming to all State and local statutes governing the investment of public funds.

2. SCOPE: This investment policy applies to the investment of all financial assets of the City, except for those of the City's deferred compensation plans, the management of which is distinct and is not governed by this Investment Policy, and bond and financing proceeds, which will be made in accordance with the provisions of the applicable indentures or financing documents. For the purpose of investment of bond and financing proceeds into vehicles authorized by the provisions of the applicable indentures or financing documents but not by this policy, all funds are pooled with the General Fund to facilitate ease of handling and to minimize costs of maintaining multiple investment accounts. Earnings on the pool of funds are allocated on a periodic basis to the respective individual funds.

3. PRUDENCE: California Government Code section 53600.3 classifies all governing bodies of local agencies or persons authorized to make investment decision on behalf of those local agencies investing public funds as trustees, and therefore fiduciaries subject to the prudent investor standard. The prudent investor standard requires that when investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.

4. OBJECTIVES: The Chief objectives, in priority order, of the City's Investment activities shall be:
• Safety: Safety of principal is the foremost objective of the investment program.

Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, the City will diversify its investments to minimize the risk of loss resulting from over concentration of assets in a specific maturity range, of a specific issuer, or in a specific class of securities.
• Liquidity: The City's investment portfolio will be managed to ensure sufficient liquidity to enable the City to meet all reasonably anticipated operating

Page 75 ends

Resolution 2024-45 Page 4
Investment Policy
June 11, 2024
requirements, and should consist of securities with an active secondary or resale market.
• Return on Investment: The City's investment portfolio shall be designed with the objective of attaining an optimal return throughout budgetary and economic cycles within established portfolio safety and liquidity parameters.

5. AUTHORIZATION AND DELEGATION OF AUTHORITY: Under and as specified by California Government Code Section 53601, the legislative body of a local agency (i.e., the City Council) is authorized to invest money in its treasury that is not required for immediate needs. As permitted under California Government Code Section 53607, the City Council with the approval of this Policy delegates management responsibility for the investment program for a concurrent and renewable period of one-year to the City Treasurer or in his/her designee, who shall assume full responsibility for those transactions until the delegation of the authority is revoked or expires, and who shall make a monthly report of those transactions to the City Council.

6. ETHICS AND CONFLICTS OF INTEREST: All City officers and employees involved in the City's investment process shall act responsibly as custodians of the public trust, and refrain from personal business activity that could conflict with proper execution of the investment program or which could impair their ability to make impartial investment and portfolio management decisions.

7. AUTHORIZED AND SUITABLE INVESTMENTS: The City is empowered by statute (California Government Code Section 53600 et seg.) to invest money in certain types of securities and funds. Within that empowerment, the City restricts eligible securities and funds to those listed below. Each type listed is subject to various specific requirements and restrictions, imposed by the above referenced California Government Code Section, and by the City by way of this Investment Policy.
• U.S. Treasury Securities
• Federal Agency and U.S. Government-Sponsored Enterprise Obligations • Medium Term Notes
• Corporate Bonds
• Commercial Paper
• Time Deposits (including non-negotiable Certificates of Deposit) • Negotiable Certificates of Deposit
• Bankers' Acceptances
• Local Agency Investment Fund (LAIF)
• Los Angeles County Investment Pool (LACIP)
• Cal Trust
• Shares of Beneficial Interest issued by a Joint Powers Authority • Repurchase Agreements
• Mutual Funds
• Money Market Mutual Funds
• U.S. Supranational Securities

Page 76 ends

Resolution 2024-45 Page 5
Investment Policy
June 11, 2024
Except as specifically authorized by the City Council in advance, no investment shall be made in any security that at the time of investment has a term remaining to maturity in excess of five years.

As a Local Agency, except for certain securities described in the below section, the City is specifically prohibited from investing in inverse floaters, range notes, mortgage- derived interest-only strips, or any securities that could result in zero interest accrual if held to maturity (California Government Code section 53601.6).

8. SAFEKEEPING AND CUSTODY: All security transactions shall be conducted on a deliver-versus-payment (DVP) basis. Securities shall be held by a third-party qualified custodian and evidenced by monthly safekeeping statements.

9. DIVERSIFICATION OF SECURITIES AND MATURITIES: The City shall maintain a diversified portfolio to minimize the risk of loss resulting from over concentration of assets in a specific maturity range, of a specific issuer, or in a specific security type.

The City employs a passive investment strategy, by which the City's full intent at the time of purchase is to hold all investments until maturity. Investments shall be made and maintained to match the City's projected cash flow requirements. Investments shall be made in realization that market prices of securities will vary depending on economic and interest rate conditions at any point in time. In the context of both the City's immediate and/or projected cash flow requirements at any point in time and the City's primary investment goals (safety, liquidity, return on investment), the sale of individual securities prior to maturity for purposes of portfolio reconfiguration may be appropriate.

The City's maturity matrix guideline ranges are as follows:

Maturity Range
1 Day to 1 Year
Guideline Portfolio Percentage 30%
- 100%
1 Year to 3 Years 5%- 60%
3 Years to 5 Years 0%- 40%

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10. INTERNAL CONTROLS: Internal policies and procedures shall be maintained to assure that appropriate controls are in place to document and confirm all transactions. Transaction authority shall be separated from accounting and record keeping. An independent analysis by an external auditor shall be conducted annually to review internal control, account activity and compliance with policies and procedures.

11. PERFORMANCE STANDARDS: Given the City's passive investment strategy and the strategy for maturities diversification, the average weighted maturity of the portfolio will normally approximate two years. The basis used by the Treasurer to determine whether market yields are being achieved shall be to bench mark portfolio returns as of the end of the month and the average of portfolio returns for the last twelve month ends against comparable two-year Treasury Constant Maturity Yields.

12. REPORTING: The City Treasurer or his/her designee shall provide the City Council and the City Manager a monthly Investment Report within 30 days following the end of the month covered by the report. Each report shall be certified the City Treasurer or his/her designee, signifying compliance with the City's Investment Policy.

Each report shall include the type of investment, issuer, Par and dollar amount invested, maturity date and interest rate. In accordance with California Government Code Section 53646, the City shall provide a copy of its Investment Policy and will supersede previous applicable language.

13. LEGISLATIVE CHANGES: Any State of California legislative action that further restricts allowable securities, investments, portfolio limits or any other elements of this policy will be incorporated in the City's Investment Policy and will supersede previous applicable language.

14. INVESTMENT POLICY ADOPTION: The City's Investment Policy shall be reviewed at least annually and adopted by resolution of the City Council at a public meeting. Any modification to the Investment Policy must be considered by the City Council at a public meeting.

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Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of June 11, 2024
From: Chris Constantin, City Manager
Prepared by: Michael O'Brien, Director of Administrative Services Subject: Authorize the City Manager to Enter into an Agreement with Troy & Banks Utility and Telecommunication Consultants to Perform an Audit and Survey of Utility, Waste, Recycling and Telecommunications Services Accounts in an Amount not to Exceed $49,000
____________________________________________________________________________

SUMMARY
Authorize the City Manager to enter into an agreement with Troy & Banks Utility and Telecommunication Consultants to audit and survey the Agency’s utilities, Waste & Recycling and Telecommunications services accounts for the purpose of securing refunds, credits and cost reductions resulting from discovery of charges or costs in excess of those permitted or allowed by applicable contracts, tariffs, statues, rules and regulations and /or from overcharges or billing errors.

RECOMMENDATION
Staff recommends that the City Council:
• Authorize the City Manager to enter into an agreement with Troy & Banks Utility and Telecommunication Consultants

FISCAL IMPACT
If the audit results in securing the City of San Dimas, additional revenues or cost reductions Troy & Banks will receive 29% of any monies refunded or credited to the City. Future cost reductions created by reductions in rates or other monthly charges will be paid back to Troy and Banks at a rate of 24% of the calculated savings for a period of 12 months. At no point will the fees paid to T & B exceed $49,999.

If no revenues or cost reductions are generated by the audit, then the City is not liable for any payments to Troy & Banks.

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Authorize City Manager to Enter into Agreement with Troy & Banks Utility and Telecommunication Consultants Page 2
For the Meeting of June 11, 2024

BACKGROUND
At different time periods, the City has utilized firms such as Troy & Banks to review our billings for possible credits and billing adjustments.

The last time the City procured services such as these were in 2019 with Utility Cost Management company. That agreement was a similar structure but required a payback of 45% for 2 years. That audit resulted in $168,501.13 in savings with fees of $75,861.51 for a net gain of $92,639.62. The City is still recognizing the ongoing cost reductions from that previous audit.

It has been five years since that review took place, and it is prudent to conduct periodic reviews to capture additional savings, if generated.

DISCUSSION/ANALYSIS
The agreement with Troy & Banks is a piggyback agreement that was originally awarded to Troy and Banks by the County of Orange. The City's Municipal Code 3.28.120 (E) Exceptions to Competitive Bidding Requirements allows for this type of piggyback purchasing. The 29% and 24% for 12-month structure is much more favorable terms then what the City was able to procure on its own through Utility Cost Management and Troy and Banks has demonstrated that they could produce similar results through their audit work with other municipalities.

ALTERNATIVES
The Council may elect to deny authorization for the City Manager to enter into an agreement with Troy and Banks for auditing services of our Utility and Telecommunications accounts for refund/savings opportunities.

Respectfully submitted,
Michael O'Brien
Director of Administrative Services
Attachments:

1. Agreement Troy & Banks

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ATTACHMENT 1

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Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of June 11, 2024
From: Chris Constantin, City Manager
Prepared by: Steven Farmer, Landscape Maintenance Manager Subject: Approve a Contract Extension with West Coast Arborist, Inc. for Tree Maintenance Services for Three Years with Two- Single-Year Renewal Options Based on the Consumer Price Index.
____________________________________________________________________________

SUMMARY
The contract for tree services is set to expire on June 30, 2024. Staff is requesting an extension of three years with two- single-year renewal options to the existing contract.

RECOMMENDATION
Staff recommends that City Council approve the following:
• Approve the extension of the tree maintenance services contract with West Coast Arborist, Inc. for three years to expire on June 30, 2027, with two additional single-year options for renewal at the City’s discretion.

FISCAL IMPACT
The current extended contract for tree maintenance services expires on June 30, 2024. The contract is funded through a combination of Landscape Parcel Tax (Fund 08) and Open Space Maintenance (Fund 75) which includes the Boulevard Assessment District and Northwoods Assessment District. The current annual contract cost is $295,545 across these funds. However, the tree planting budget for Fiscal Year 2024-25 has been reduced from $20,000 to $10,000. The contract allows an annual percentage rate adjustment determined by the Consumer Price Index from the U.S. Bureau of Labor Statistics.

BACKGROUND
The City of San Dimas contracts with West Coast Arborist, Inc. to provide tree maintenance services throughout the City on all community trees, parks and medians. Their job performance has been exemplary throughout the entire term of the contract, and they have met all contract

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Approve Contract Extension with West Coast Arborist, Inc. for tree maintenance services For the Meeting of June 11, 2024 Page 2
requirements. The current agreement is set to expire on June 30, 2024, if no action is taken to extend the agreement.

DISCUSSION/ANALYSIS
The City’s tree maintenance operations are performed by a combination of City staff and contract tree maintenance crews. The current tree maintenance contractor is West Coast Arborist, Inc. which provides the majority of tree maintenance services including annual grid pruning, tree removal, stump removal, tree emergency response, large-scale tree planting, professional consulting arborists support to City staff as well as maintaining our tree inventory which documents all work history and health status for every tree in the City inventory (9,000+) The current tree services contract cost is $295,545 per year, which includes annual increases that correspond to annual increases in the CPI. The projected budget for Fiscal Year 2024-25 has a tree planting cost reduction of $10,000.

West Coast Arborists is an industry leading company in public tree maintenance services. They provide a unique professional service that would be difficult to replicate given their long years of service to this community and the extensive options they provide for their work.

City staff has evaluated current industry costs for the Scope of Work for tree maintenance services and estimates a cost increase in excess of 15%, or approximately $42,835, if the contract is rebid. In contrast, the cost increase associated with the requested extension would be limited to the annual increase in the CPI; The CPI for 2023-2024 is 4%, which would translate to an increase of $10,998 for Fiscal Year 2024-2025. The extension, including the projected CPI increase, would save the City approximately $31,837 in Fiscal Year 2024-25. The City has benefited greatly in maintaining one of the areas lowest cost for basic tree trimming services. Re-bidding this service would see a significant cost increase in the basic function of this service.

ALTERNATIVES
The City Council can elect to not extend the contract with West Coast Arborists; in which case the City will release a Request for Bids for a new tree maintenance services contract. It is expected that re-bidding the contract will result in significantly higher costs to the city.

Respectfully submitted,
Steven Farmer
Landscape Maintenance Manager
Attachments:

1. Proposed Extension Contract with West Coast Arborist, Inc.

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ATTACHMENT 1
SERVICE CONTRACT - EXTENSION - EFFECTIVE 07/01/24 – 06/30/25 CONTRACT: STREET AND PARK TREE MAINTENANCE AND RELATED SERVICES CONTRACTOR: West Coast Arborists, Inc.

The undersigned agrees to furnish all labor and materials to provide for Citywide Street and Park Tree Maintenance for systematic pruning of all trees within specified zones in the City as set forth in the original contract dated December 2, 1998, and revised May 28, 2008, and for established unit costs as set forth in the bid proposal for other related services with agreement extending three (3) years plus two (2) single-year renewal options. Contract Extension includes 4% CPI increase for FY24-25 as requested and referenced in Attachment 1. • PRICE SCHEDULE for 2024 - 2025
• Current Total Cost Per Tree: $82.40
WEST COAST ARBORISTS, INC.

By: _________________________ __________________________ Signature Print
Title: _________________________ Date: _____________________ State Contractor’s License:

No.: _____________ Class: ___________________ Expires: ______________

CITY OF SAN DIMAS
________________________________ Date: _______________
Chris Constantin, City Manager
APPROVED AS TO FORM:

By:

Jeff Malawy, Agency Attorney
ATTEST:

Debra Black, Agency Clerk
Attachment:

1. Schedule of Compensation for Year 2024-2025

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Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of June 11, 2024
From: Chris Constantin, City Manager
Prepared by: Shari Garwick, Director of Public Works
Subject: Award Construction Contract 2024-05 San Dimas Canyon Road Sidewalk Improvements to CJ Concrete Construction in the Amount of $209,170; Approve an Appropriation Amount of $78,579 from the General Fund; for a total Project Budget of $240,546; and Authorize the City Manager Enter into a Construction Contract with CJ Concrete Construction, Inc. in a form Approved by the City Attorney.
____________________________________________________________________________

SUMMARY
Construction Contract 2024-05 San Dimas Canyon Road Sidewalk Improvements consists of removal and replacement of sidewalk on the east side of San Dimas Canyon Road, south of Allen Avenue adjacent to Allen Avenue Elementary School. The sidewalk in this area has been severely impacted by the Community trees and must be replaced. Staff has worked with the Bonita Unified School District to grant additional sidewalk/street right-of-way in order to relocate the City sidewalk 5 feet to the east further from the trees. The School District Board will review the request for granting additional easement at their June 12th, 2024 board meeting.

RECOMMENDATION
Staff recommends that the City Council:

1. Appropriate $78,579 from the General Fund and approve a project budget of $240,546 which includes the construction and contingency for the project.

2. Waive all bid irregularities and Authorize Award of Contract to CJ Concrete Construction, Inc. in the amount bid of $209,170 subject to grant of easement by Bonita Unified School District.

3. Authorize the City Manager to execute a Construction Contract with CJ Concrete Construction in a form approved by the City Attorney.

4. Approve the Plans and Specifications for the project on file in Public Works.

FISCAL IMPACT

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Award of Construction Contract 2024-04 San Dimas Canyon Road Sidewalk Improvements to CJ Concrete Construction, Inc Page 2
For the Meeting of June 11, 2024
The approved City budget for FY 2023-24 includes $200,000 for this project from Fund 12 Infrastructure Funds. The design for the improvements and legal documents which includes survey for the easement totaled $38,033 leaving $161,967 available for the construction phase of the project. Should Council move forward with the award, the recommended project budget is
Construction $209,170.00
15% Contingency $ 31,375.50
Project Budget. $240,545.50
With the remaining funds at $161,967, the recommended appropriation would be $78,579 from the General Fund.

BACKGROUND
The Sidewalk on the east side of San Dimas Canyon Road from Allen Avenue to approximately 740 feet south of Allen Avenue has been severely damaged by the community trees that grow in the parkway. The sidewalk is lifted in multiple locations requiring frequent repair. At this stage, the sidewalk requires complete removal and replacement.

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Award of Construction Contract 2024-04 San Dimas Canyon Road Sidewalk Improvements to CJ Concrete Construction, Inc Page 3
For the Meeting of June 11, 2024
Project location is shown in orange
As the trees are healthy and provide shade benefits for pedestrians and the school children on the playground, Staff worked with the school district and proposed to relocate the sidewalk five feet (5’) to the east to allow the trees more room for their root structure. This places the proposed sidewalk on Bonita Unified School District property. The School District tentatively agreed to grant the City a street easement for the new sidewalk pending final approval of the Bonita Unified School District Board at the June 12th Meeting. The contract award will be contingent upon the Bonita Unified School District Board granting the City a street easement.

Image showing the sidewalk and trees on the east side of San Dimas Canyon Road approximately 700 feet south of Allen Avenue.

The sidewalk is lifted, and evidence of repair is shown at the bottom right.

Construction Contract 2024-05 San Dimas Canyon Road Sidewalk Improvements includes removal and replacement of approximately 4,320 square feet of sidewalk. It also includes removal and relocation of the chain link fence, replacement of a drive approach, 250 linear feet of curb and gutter, and minor asphalt repairs including traffic signal loop replacement. There will be minor regrading of the sidewalk area to create a level parkway where the existing sidewalk is removed.

The timing of the project is set to coincide with the summer break when there are few students at the school. The contractor must provide school liability insurance and background checks for employees that work on or adjacent to the school property.

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Award of Construction Contract 2024-04 San Dimas Canyon Road Sidewalk Improvements to CJ Concrete Construction, Inc Page 4
For the Meeting of June 11, 2024
On May 1st, 2024, the City Clerk publicly opened nine (9) formal bids for Construction Contract 2024-05 San Dimas Canyon Road Sidewalk Improvements. The bid results are shown in the table below:

Contractor Base Bid
1 CJ Concrete Construction, Inc. $209,170.00
2 Vido Samarzich, Inc. $237,090.00
3 TVR Construction Engineering $246,705.00
4 DT Stellar General Engineering $250,730.00
5 S&H Civil Works $251,595.00
6 Grigolla and Sons $266,995.00
7 IE General Engineering Inc $298,385.00
8 Gentry General Engineering $309,705.00
9 CTT Concrete Paving Inc. $322,080.80
With the construction bid amount of the apparent low bidder, CJ Concrete, the project total is proposed as follows:

Construction Contract $209,170
Contingency $ 31,375
Project Total $240,546
As discussed, the remaining amount in the fiscal year 2023-2024 budget after design and surveying services is $161,967. To provide for the construction and contingency, Council would need to appropriate $78,579 to move forward with the project as bid.

DISCUSSION/ANALYSIS
Upon review of the apparent low bidder’s bid packet, staff identified two irregularities in the bids for CJ Concrete Construction, Inc. The contractor’s bid package was typed and there were errors in two bid items. The first error was found in bid item 15 and included an additional 0 to make the number $1,5000.00 per Each which is a non sensical number. The Bid Item Total was provided as $3,000.00 which indicated the intended number was $1,500.00. The second discrepancy was in bid item 18. The unit price was $9.00 per SF and the bid item total should have equaled $38,880. The Total Project Base Bid was correctly tabulated despite these irregularities as $209,170.

Staff consulted with the City Attorney on these discrepancies. The City Attorney recommended that the errors and corrections be confirmed with the contractor. Staff confirmed and received a letter from the contractor verifying the correct bid items and totals. Upon receipt of this letter, the City Attorney recommended that CJ Construction be confirmed as the apparent low bidder and recommended Staff move forward with the award process to Council to waive these minor bid discrepancies as informalities as is allowed in section IB-13 AWARD OF CONTRACT OR REJECTION OF BIDS of the bid specifications.

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Award of Construction Contract 2024-04 San Dimas Canyon Road Sidewalk Improvements to CJ Concrete Construction, Inc Page 5
For the Meeting of June 11, 2024
In moving forward, Staff reviewed the bid proposal provided by CJ Concrete Contract, Inc and verified that the contractor’s bid bond is issued by an admitted surety, as required by Public Contract Code 20170. The contractor’s license #720989 Class A is current and expires on April 30, 2026, according to the California State Contractor’s License Board. The Contractor along with its subcontractors are registered through the Department of Industrial Relations as required by law (Contractor’s Registration No. 10000021543). While CJ Concrete Contractors, Inc has not previously worked in the City, Staff checked references provided, and CJ Concrete Contractors, Inc. has successfully completed several projects for other agencies.

Should Council not authorize the appropriation for this project Staff does provide an alternative in the next section. However, in working with the School District and City Staff, relocation of the sidewalk to the east is Staff’s recommended alternative.

ALTERNATIVES
Council can elect not to appropriate additional monies for this project and can reject all bids.

Below are two options that Staff can research and bring back to Council for further consideration.

Alternative 1 – Replace Sidewalk in Place with Tree Removal In this instance an alternative would be to replace the sidewalk in the existing location. This would require the removal of the 14 trees and removal of the existing root system. The estimated costs would be:

Replacement of Sidewalk in existing location $186,000
(includes tree removals and contingency)
While this appears to be cheaper on the surface, it does not include additional costs such as the costs of replacing the trees and the supporting irrigation required to establish the trees. The tree stumps may not be able to be removed due to the presence of a water main. Nor does it include the valuation of the healthy tree specimens. Below are approximations of these costs.

Tree Valuation (West Coast Arborist) $85,000
Cost of new trees and irrigation $40,000
Alternative 2 - Replace Sidewalk in Place With no Tree Removal A third option would be to leave the trees in place but replace the sidewalk in its existing location.

The contractor could do some root pruning to create a more level surface. The cost of this option is closer to approximately $165,000 with no cost for tree replacement. However, the longevity would be severely limited with repairs needed in as little as a few years.

ENVIRONMENTAL REVIEW
This item is Categorically Exempt under the California Code of Regulations, Title 14, Section 6, Chapter 3, Article 19, Section 15301 Existing Facilities Class 1 operations which consists of the operation, repair, maintenance or minor alteration of existing public or private facilities involving negligible or no expansion of existing or former use.

Respectfully submitted,

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Award of Construction Contract 2024-04 San Dimas Canyon Road Sidewalk Improvements to CJ Concrete Construction, Inc Page 6
For the Meeting of June 11, 2024
Shari Garwick
Director of Public Works
Attachments:

1. Draft Contract Agreement

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ATTACHMENT 1

CONSTRUCTION AGREEMENT NO. 2024-05
This construction agreement (“Agreement”), is made and effective as of ___________________, by and between the City of San Dimas ("City"), a municipal corporation, and CJ Concrete Construction, Inc. ("Contractor"), a corporation. City and Contractor may be referred to, sometimes individually or collectively, as “Party” or “Parties.”

RECITALS
WHEREAS, by resolution of the City Council of the City of San Dimas (the “City Council”), the Contractor was duly awarded CONSTRUCTION CONTRACT NO. 2024-05 SAN DIMAS CANYON ROAD SIDEWALK IMPROVEMENTS, for the work or improvement hereinafter mentioned; and
NOW, THEREFORE, 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:

AGREEMENT
I. SCOPE OF WORK
Contractor shall perform within the time set forth herein of this Agreement and shall furnish all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the construction of CONSTRUCTION CONTRACT NO. 2024- 05 SAN DIMAS CANYON ROAD SIDEWALK IMPROVEMENTS (“Project”) and as detailed in Exhibit A, “Project Schedule” attached hereto. The Project shall be performed and completed in a first class and workmanlike manner, with new and quality materials, under the supervision of and to the satisfaction of the City Engineer of the City of San Dimas (“City Engineer”).

Contractor promises and agrees that the Project shall be completed strictly in accordance with the Contract Documents, as defined below in Section XXIII, including but not limited to all plans and specifications, which are on file in the Office of the City Clerk.

The Contractor certifies and agrees that it is fully familiar with all of the terms, conditions and obligations of Contract Documents, the location of the job site, and the conditions under which the Project is to be performed based upon its investigation of all such matters.

The Contractor shall supervise and direct the work to complete the Project, using its best skill and attention, and shall be solely responsible for all construction means, methods, techniques, sequences and procedures. Unless otherwise noted, the Contractor shall be responsible for coordinating all portions of the Project, and the Contractor shall provide and pay for all labor, services, materials, installation, cartage, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, storage, taxes, insurance, and other facilities and services necessary for the proper execution of the work to complete the Project. The Contractor further promises and agrees that the materials used in the Project shall comply with the Contract

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Documents and be to the satisfaction of the City Engineer, and that the Contractor will timely complete the Project, and turn the Project over to the City, complete and ready for use, and discharged from all claims or demands on any and all materials, equipment and labor used or to be used in the Project.

As soon as possible under the provisions of this Agreement, the Contractor shall backfill all excavations and restore to usefulness, all improvements existing prior to the start of the work to complete the Project.

The Contractor also agrees that it shall be responsible for the acts and omissions of all of its employees and subcontractors, their agents and employees, and for all other persons performing any of the Project under a contract with the Contractor.

By entering into this Agreement, Contractor acknowledges there may be other contractors on the site whose work will be coordinated with that of its own. Contractor expressly warrants and agrees it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, the City, or the utilities. Contractor also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be direct action against the separate contractor. To the extent allowed by law, the Contractor will have no remedy, and hereby expressly waives any remedy against the City, on account of delay, hindrance, interference, or other events caused by a separate contractor.

II. TIME FOR PROJECT COMPLETION
All of Contractor’s work on the Project shall be completed within durations established for the individual activities as set forth in the Contract Documents. All work shall commence five (5) calendar days after receiving a written Notice to Proceed from the City. Contractor shall refer to the invitations for bids, and Project plans and specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations. The aggregate sum total work of all bid items comprises the entire Project and shall be commenced and completed in conformance with the Project Schedule. The entire Project shall be completed within 40 working days.

The working hours are Monday thru Friday, with the exception of City Holidays, 7:00 a.m. to 5:00 p.m.

III. AGREEMENT SUM
City shall pay to Contractor for the performance of this Agreement, subject to any additions and deductions provided in the Contract Documents, the sum of Two Hundred and Nine Thousand One Hundred and Seventy Dollars and No Cents (“Agreement Sum”). Compensation paid to Contractor for the performance of this Agreement shall be consistent with the “Bid Schedule” as set forth in Exhibit B and incorporated herein by reference. All costs of prosecuting the work under this Agreement for the completion of the Project shall be included in the Contractor’s bid.

IV. PROGRESS PAYMENTS
Based upon Invoice submitted to the City by the Contractor and approval issued by the Director of Public Works, the City shall make progress payments on account of the Agreement Sum to the Contractor as provided in the Contract Documents
This Agreement is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local

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governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to Contractor of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This Agreement hereby incorporates the provisions of Article 1.7 as though fully set forth herein.

V. RETENTION OF SECURITIES
Public Contract Code section 22300 permits the substitution of securities for any monies withheld by a public agency to ensure performance under a contract, at the request and expense of the Contractor. Contractor shall notify City in writing of any election made under Public Contracts Code section 22300.

VI. WARRANTY
The Contractor warrants that all of the work pursuant to this Agreement shall be done in a first class, workmanlike manner and in accordance with Contract Documents, with new and quality materials and warrants all work performed to complete the Project and materials against defect or deviation (the “Defect”), both in the material or the workmanship, for a period of one (1) year from its completion of the Project, unless stated otherwise in the Contract Documents. If a Defect in the Project is latent, hidden or not readily observable, the Contractor's warranty shall be extended for one (1) year from the date of discovery of the Defect. The Contractor will within a reasonable time after written notice of a Defect, remedy and repair the Defect and any related damage resulting from the Defect (without any expense to the City).

VII. INDEMNIFICATION
Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers (“Indemnified Parties”) from and against all claims for and actual liabilities, losses, damages, expenses, costs (including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation) of every nature relating to, arising out of or in connection with Contractor’s, its officers, agents, employees, or subcontractors (or any agency or individual that Contractor shall bear the legal liability thereof) negligence, recklessness or willful misconduct in the performance of work on and/or connected with the Project or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the Indemnified Parties. Should conflict of interest principles preclude a single attorney from representing both City and Contractor, or should City otherwise find Contractor’s attorney unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnified Parties with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless, or wrongful act, omission or performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Contractor’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by Indemnified Parties. However, without affecting the rights of Indemnified Parties under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless Indemnified Parties for liability attributable to the sole or active negligence or willful misconduct of Indemnified Parties, provided such sole or active negligence or willful misconduct is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Indemnified Parties are shown to

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have been solely or actively negligent or to have acted with willful misconduct and where Indemnified Parties’ sole or active negligence or willful misconduct accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the sole or active negligence or willful misconduct of Indemnified Parties.

VIII. PREVAILING WAGES
A. Wage rates for this Project shall be in accordance with the “General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, and 1773.1", for Los Angeles County. The prevailing rate of per diem wages are on file at the City of San Dimas, Public Works Department, 245 E Bonita Ave, San Dimas CA 91773, and are available to any interested party on request. The Contractor is required to post at the job site the prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations and other notices prescribed by regulation. Wage rates shall conform with those posted at the Project site.

B. The following Labor Code sections are hereby referenced and made a part of this Agreement:

1. Section 1774 – Payment of General Prevailing Rate

2. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates

3. Section 1777.4 - Apprenticeship Requirements

4. Section 1777.5 - Apprenticeship Requirements

5. Section 1813 - Penalty for Failure to Pay Overtime

6. Sections 1810 and 1811 - Working Hour Restrictions

7. Section 1776 - Payroll Records

8. Section 1773.8 - Travel and Subsistence Pay
IX. FURNISHING RECORDS TO CITY
The Contractor also agrees to furnish, if and when required, payroll affidavits, receipts, vouchers, release for claims for labor, material and subcontractors performing the work required to complete the Project under the Agreement, all in a form satisfactory to the City, and the Contractor also agrees that no payment shall be made, except at City's option, unless any or all of the requested documents have been furnished to the City.

X. RECORD AUDIT
In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

XI. CERTIFICATIONS
Not Applicable
XII. FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by City to Contractor no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the Agreement fully performed, and a final payment authorization has been issued by the Director of Public Works

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XIII. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT The Contractor shall furnish all materials, tools, equipment and labor in the necessary quantity and quantity, and shall diligently prosecute the work contemplated by this Agreement to completion in a workmanlike manner.

In the event Contractor fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the Contractor for a period of three (3) calendar days after receipt of written demand from City or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, or to prosecute its work and all parts thereof in a diligent and workmanlike manner, then the City may exclude the Contractor from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the City to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the City, shall be a charge against the Contractor, and may be deducted from any money due or becoming due to Contractor from City, or Contractor shall pay City the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this Agreement, shall become liable for payment should Contractor fail to pay in full any said cost incurred by the City.

XIV. INSURANCE
Prior to the beginning of and throughout the duration of the Project, Contractor and its subcontractors shall maintain insurance in conformance with the requirements set forth below.

Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so or to procure insurance coverage to satisfy the requirements.

Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Contractor or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to City.

Without limiting Contractor’s indemnification of City and/or the Indemnified Parties and prior to commencement of the Project, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

General liability insurance. Contractor 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, and a $2,000,000 completed operations aggregate. 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. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this

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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.

Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor ’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

Contractor 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.

Other provisions or requirements
Proof of insurance. Contractor shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance.

Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time and Contractor agrees to provide the same.

Duration of coverage. Contractor shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees, subcontractors or subconsultants. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. City and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

Primary/noncontributing. Coverage provided by Contractor 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.

City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of subrogation. 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 Contractor or others

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providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Contractor’s insurers are unwilling to provide such notice, then Contractor shall have the responsibility of notifying the City immediately in the event of Contractor’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

Additional Insurance Requirements for Work on Bonita Unified School District (District) Property

1. Insurance
Prior to execution of the Contract, CONTRACTOR shall furnish DISTRICT with insurance endorsements evidencing insurance coverage as required by this, and further indicating that such insurance policies have been endorsed to name the “BONITA UNIFIED SCHOOL DISTRICT” as an additional insured. The endorsements shall provide that “CONTRACTOR’s policies are primary over any insurance carried by DISTRICT and that such policies will not be cancelled or materially changed without thirty (30) calendar days prior written notice” being given to DISTRICT’s Purchasing Department. CONTACTOR shall take out, prior to commencing the Work, and maintain, during the life of the Contract, and shall require all Subcontractors, if any, whether primary or secondary, to take out and maintain the following policies issued by insurance companies authorized to transact business in the State of California and which comply with all requirements of the Department of Insurance for the State of California:
a. CONTRACTOR’s Liability Insurance 1) Worker’s Compensation State: Statutory
Voluntary Compensation Same as State Workers
(by exempt entities): Compensation
Applicable Federal (e.g.,
Longshoremen, harbor work,

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work at or outside U.S. Boundaries):

Employer’s Liability Statutory
Benefits required by Union $1,000,000.00 Each Accident
labor contracts: As applicable
2) General Liability (including Premises-Operations; Independent Contractors’ Protective; Products and Completed Operations; Broad Form Property Damage); Can be Combined Single Limit (“CSL”).
a) Bodily Injury:
$1,000,000.00 Each Occurrence
$2,000,000.00 Aggregate
b) Property Damage:
$1,000,000.00 Each Occurrence
$2,000,000.00 Aggregate
c) Products and Completed Operations Insurance shall be maintained for a minimum period of one (1) year after final payment and CONTRACTOR shall continue to provide evidence of such coverage to OWNER on an annual basis during the aforementioned period. d) Property Damage Liability Insurance shall include coverage for the following hazards:

X (Explosion)
C (Collapse)
U (Underground)
e) Contractual Liability (Hold Harmless Coverage): Include in CSL Form i. Bodily Injury:
$1,000,000.00 Each Occurrence
$2,000,000/00 Aggregate
ii. Property Damage:
$1,000,000.00 Each Occurrence
$2,000,000.00 Aggregate
f) Personal Injury (with Employment Exclusion deleted, if applicable):
$1,000,000.00 per occurrence
Aggregate subject to CSL Aggregate
g) If the General Liability policy includes General Aggregate, such General Aggregate shall be not less than $2,000,000.00. Policy shall be endorsed to have General Aggregate apply to this Project only:
_____ Yes _____ No
3) Builder's Risk “All Risk” Insurance. CONTRACTOR, during the progress of the Work and until Final Acceptance of the Work by DISTRICT upon completion of the entire Agreement, shall maintain Builder's Risk, Course of Construction or similar first party coverage issued on a replacement cost value basis consistent with the total replacement cost of all insurable work and the Project included within the Contract Documents which coverage is to provide extended coverage and insurance against vandalism and malicious mischief, perils of fire, sprinkler leakage, civil authority, sonic boom, collapse, earthquake, flood, collapse, wind, lightning, smoke and riot, upon the entire Work which is the subject of the Contract Documents. Such insurance shall include DISTRICT and ARCHITECT as additional names insureds, and any other person with an insurable interest designated by DISTRICT.

If CONTRACTOR’s Contract (Total Bid Price) is expected to be more than $500,000.00, the following excess liability coverage is required:

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4) Umbrella Excess Liability:
$4,000,000.00 Over primary insurance
$ 10,000.00 Retention
XV. CONTRACTOR'S LICENSE
Contractor must possess at the time of commencing work and throughout the Project duration, a valid Contractor's License, issued by the State of California, which is current and in good standing.

Contractor’s State License No. is 720989, Class A. Contractor shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a valid Contractor's License, issued by the State of California, which is current and in good standing.

XVI. REGISTRATION REQUIREMENTS [Applicable to Public Works projects] Pursuant to Section 1771.1(a) of the Labor Code:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”
Contractor must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. Contractor must ensure registration with the DIR is active and in good standing.

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

The Contractor is not subject to public works requirements (including registration with the DIR) if the public works project is under $1,000, unless the City knows that the same Contractor will be awarded total project costs in excess of $1,000 for a given year.

XVII. [RESERVED]
XVIII. COMPLIANCE WITH STATUTES AND REGULATIONS
Contractor will be knowledgeable of and shall comply with all applicable federal, state, local, county, and city statutes, rules, regulations, ordinances, and orders relating to the manner of doing the work under the Agreement or to the materials supplied therein.

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XIX. PROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party, the Agreement shall forthwith be physically amended to make such insertion or correction.

XX. SUBSURFACE HAZARDOUS MATERIALS
A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify City in writing of any:

1. Material that Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law.

2. Subsurface or latent physical conditions at the site differing from those indicated.

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Project or the character provided for in the Agreement.

B. Upon receipt of said notification, City will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of or the time required for performance of any part of the Project, the City will issue a change order under the procedures described in the Contract Documents.

C. In the event a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the Contractor's cost of or time required for performance of any part of the Project, the Contractor shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement.

Contractor shall retain any and all rights provided either by agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.

XXI. LIQUIDATED DAMAGES
Pursuant to Government Code section 53069.85, if work is not completed within durations established for the individual activities as set forth in the Project Schedule, it is understood, acknowledged, and agreed City will suffer damage. It is therefore agreed that Contractor shall pay to City the sum of $250.00 for each and every calendar day of delay beyond any completion schedule, construction schedule, or Project milestones established in or pursuant to the Project Schedule, or beyond the time indicated in the Project Schedule for any individual Project activity.

Contractor expressly understands, acknowledges, and agrees that such liquidated damages can and shall be imposed if the Contractor does not meet each and every aspect of any activity schedule, completion schedule, construction schedule, or Project milestones established in or pursuant to the Project Schedule. If the City accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding a completion schedule, the Project Schedule or the accrual of liquidated damages. In the event the same is not paid, Contractor further agrees that City may deduct the amount thereof from any money due or

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that may become due the Contractor under the Agreement. This article does not exclude recovery of damages under provisions of the Agreement, and is expressly in addition to the City’s ability to seek other damages.

Contractor is to refer to Contract Documents for duration of individual activities. Liquidated damages may be assessed if any individual activity duration exceeds the time indicated for that activity in the Contract Documents, unless the time for such activity has been extended by mutual agreement of the parties and confirmed in writing.

XXII. CLAIM PROCEDURES UNDER PUBLIC CONTRACT CODE SECTION 9204 Contractor shall comply with the procedure set forth in Public Contracts Code section 9204 for any claim, as that term is defined therein, for one or more of the following: 1) a time extension, including, without limitation, for relief from damages or penalties for delay; 2) payment of money or damages arising from work done pursuant to this Agreement; and/or 3) payment of an amount disputed by the City under this Agreement.

XXIII. COMPONENT PARTS OF THE AGREEMENT
This Agreement entered into consists of the following documents (collectively, the “Contract Documents”), all of which are component parts of the Agreement as if herein set out in full or attached hereto:

Notice Inviting Bids Bid Bond
Scope of Work Summary Information Required of Bidder
Information for Bidders Contract Agreement
Bid Form Certificate Regarding Workers
Compensation
Non-Collusion Affidavit Drug-free Workplace Certification Site Visit Certification Project Plans and Specifications Faithful Performance Bond Addenda
Labor and Materials Payment Bond Addendums
General Conditions Change Orders
Supplementary General Conditions Shop Drawing Transmittals Project Construction Schedule Special Conditions
Contractor’s Certificate Regarding NonAsbestos Containing MaterialsProposed Subcontractors Standard Specifications Standard Plans
Drawings
Those documents listed in Section 1-2 of the “Greenbook” Standard Specifications for Public Works Construction combined with all of the above-named documents are included as Contract Documents and are intended to be complementary. Work required any of the above-named contract documents and not by others shall be done as if required by all.

XXIV. BONDS
The Contractor agrees to furnish bonds guaranteeing the faithful performance of this Agreement and guaranteeing payment for all labor and materials used under the Agreement, as required by the laws of the State of California. The Faithful Performance Bond shall be for an amount not less than 100% of the amount of this Contract and shall be conditioned on full and complete performance of the Agreement, guaranteeing the work against faulty workmanship or materials

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for a period of one year after completion and acceptance. The Labor and Materials Payment Bond shall be in an amount of not less than 100% of the amount of the Agreement, and shall be conditioned upon full payment of all labor and materials entering into or incidental to the work covered by the Agreement.

The surety on the required bonds shall be a surety company of financial resources satisfactory to the City Council and authorized to do business in the State of California.

The Faithful Performance Bond and Labor and Materials Payment Bond are attached hereto as Exhibit C.

XXV. PROHIBITION AGAINST ASSIGNMENT
The Contractor may upon reasonable advance Notice to the City assign its rights to receive payment under this Agreement, provided the Contractor also provides to the City the consent of the surety to such assignment. The Contractor may not assign or delegate its duties under this Agreement, without the prior written consent of the City, which the City may not unreasonably withhold or delay. For purposes of this Agreement, assignment shall include any change of control, whether by merger, acquisition or otherwise, of Contractor or any of Contractor's corporate parents. Any assignment in violation of the assignment provisions herein shall be ineffective to relieve Contractor of its responsibility to complete the Project. Should the City consent to any such assignment by the Contractor, the consent shall not constitute a waiver of any other restrictions of assignment under the Agreement and the same restrictions on assignment shall apply to each successive assignment, if any.

XXVI. CALIFORNIA LAW
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

XXVII. CORPORATE AUTHORITY
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

XXVIII. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the parties. No other agreements or contracts, whether oral or written, pertaining to the work to be performed, exists between the parties. This Agreement can be modified only by an amendment in writing, signed by both parties.

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[SIGNATURES ON FOLLOWING PAGE]

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

CITY:

CITY OF SAN DIMAS, CALIFORNIA
Dated ________________, 20___ By: _____________________________ City Manager
ATTEST:
________________________________
City Clerk
APPROVED AS TO FORM::
_______________________________
City Attorney
CONTRACTOR**:

Dated ________________, 20___ ________________________________ By:

Authorized Representative
Title
By:

Authorized Representative
Title
Address:

Phone:

Fax:

Email:
**Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

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CONSTRUCTION AGREEMENT NO.

NOTARY ACKNOWLEDGMENT
A notary public officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF _______________________ )
)
COUNTY OF _____________________ )
On _____________________________, before me, _________________________________, Notary Public, personally appeared __________________________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: (Seal)

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EXHIBIT A

PROJECT SCHEDULE
See Project Bid Specifications for
Construction Contract No. 2024-05 San Dimas Canyon Road Sidewalk Improvements

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EXHIBIT B

BID SCHEDULE
Upon the completion of the Project both to the City Engineer’s satisfaction and in compliance with this Agreement, the City will pay, and the Contractor agrees to accept as full and final compensation for the Project, the total of all bid items, adjusted for variation of quantities at the unit prices for the materials actually used or furnished for the Project, as set forth below:

BASE BID

ITEM QUANTITY DESCRIPTION OF BASE BID ITEM BID ITEM TOTAL 1 1 LS Mobilization, NPDES/SWPPP Requirements
complete in place for the unit price of:
($________5,000.00___________) per LS
$5,000.00
2 1 LS Traffic Control for the unit price of:
($______5,000.00_____________) per LS $5,000.00
3 1 LS General Earthwork and Unclassified Excavation
for the unit price of:
($____15,000.00_______________) per LS
$15,000.00
4 3,485 SF Remove Existing Concrete for the unit price of:
($_____3.00______________) per SF
$10,455.00
5 190 SF Remove Existing A.C. Pavement for the unit price of:
($_____6.00______________) per SF
$1,140.00
6 570 LF Remove Existing Chain Link Fence and Gates for the unit price of:
($_____20.00____________) per LF
$11,400.00

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7 230 SF Remove Existing Driveway Approach for the unit price of:
($_____8.00______________) per SF
$1,840.00
8 250 LF Remove Existing Curb and Gutter and Replace
with 8” Curb and Gutter Per SPPWC Std. Dwg. No.
120-2 for the unit price of:
($_____70.00______________) per LF
$17,500.00
9 1,225 SF Remove Existing A.C. Pavement and Construct
Full Depth A.C. (1’ Widwe Minimum) for the unit
price of:
($___15.00________________) per SF
$18,375.00
10 9 EA Salvage and Relocate Tree for the unit price of:
($______500.00_____________) per EA
$4,500.00
11 1 EA Relocate Shed for the unit price of:
($____2,000.00_______________) per EA $2,000.00
12 2 EA Relocate Existing Irrigation Box for the unit price of:
($____1,000.00_______________) per EA
$2,000.00
13 1 EA Adjust Existing Pull Box to Finish Surface for the unit price of:
($_____800.00______________) per EA $800.00
14 130 LF Repaint Red Curb for the unit price of:
($_______20.00____________) per LF
$2,600.00
15 2 EA Install Type E Loop Detectors for the unit price of:
($_______1,500.00____________) per EA $3,000.00
16 570 LF Construct New Chain Link Fence and Gates to
Match Existing for the unit price of:
($______104.00_____________) per LF
$59,280.00

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17 230 SF Construct Driveway Approach Per SPPWC 100-2,
Type C for the unit price of:
($_____20.00______________) per SF
$4,600.00
18 4,320 SF Construct 4” Thick P.C.C. Sidewalk (5’ Minimum) Per SPPWC Std. Plan 113-2 for the unit price of:
($_____9.00______________) per SF
$38,880.00
19 145 LF Construct Variable Height Slough Curb to Meet Existing Grade (Monolithic with Sidewalk) for the
unit price of
($______40.00_____________) per LF
$5,800.00
Total All Bid Items $209,170.00
Total Base Bid in Words: Two Hundred and Nine Thousand, One Hundred and Seventy Dollars and No Cents.

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EXHIBIT C
BONDS

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CITY OF SAN DIMAS

BOND FOR SECURITY OF LABORERS AND MATERIALMEN
CONSTRUCTION CONTRACT NO. 2024-05
Whereas, The City Council of the City of San Dimas (the "City"), State of California and (the "Principal") have entered into an Agreement (the "Agreement") dated __________________, 2024, whereby Principal agrees to install and complete the following public improvements: CITY OF SAN DIMAS CONSTRUCTION CONTRACT NO. 2024-05 SAN DIMAS CANYON ROAD SIDEWALK IMPROVEMENTS. The Agreement is incorporated herein by reference.

Whereas, under the terms of the Agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City to secure payment of the claims to which reference is made in Title 15 (commencing with Section 3082) of part 4 of Division 3 of the Civil Code of the State of California.

Now, therefore, the Principal and the undersigned_____________________________, as corporate surety (the "Surety"), are held firmly bound unto the City and all contractors, subcontractors, laborers, materialmen, and other persons employed or providing materials in the performance of the Agreement and referred to in aforesaid Civil Code in the sum of TWO HUNDRED AND NINE THOUSAND, ONE HUNDRED AND SEVENTY DOLLARS AND NO CENTS. for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor.

Further, Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement, or the specifications accompanying

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the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

In witness whereof, the Principal and Surety caused this Bond to be executed on this ________ day of ______________________, 2024.

Principal
________________________________
By:______________________________
Title:_____________________________
Surety
_________________________________
By:______________________________
Title:_____________________________
Local Mailing Address of Surety:
________________________________ Street Address
________________________________ City & State
Telephone Number
(All Signatures Must Be Acknowledged)

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A notary public officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )
On ____________ , before me, _________________ , Notary Public, personally appeared _________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: (Seal)

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6/24 - 24 - CC 2024-05 Construction Agreement

CITY OF SAN DIMAS

BOND SECURING PERFORMANCE
CONSTRUCTION CONTRACT NO. 2023-10

CATARACT AVENUE AND DALEPARK DRIVE

STREET IMPROVEMENT PROJECT
Whereas, The City Council of the City of San Dimas (the "City"), State of California and CJ Concrete Construction, Inc. (the "Principal") have entered into an Agreement (the "Agreement") dated _______________, 2024 whereby Principal agrees to install and complete the following improvements: CITY OF SAN DIMAS CONSTRUCTION CONTRACT NO. 2024-05 SAN DIMAS CANYON ROAD SIDEWALK IMPROVEMENTS. The Agreement is incorporated herein by reference.

Whereas, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said Agreement.

Now, therefore, we, the Principal and_______________________________________, as surety (the "Surety"), are held and firmly bound unto the City, in the penal sum TWO

HUNDRED AND NINE THOUSAND, ONE HUNDRED AND SEVENTY DOLLARS AND NO CENTS ($209,170.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if said Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and, save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.

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6/24 - 25 - CC 2024-05 Construction Agreement
In witness whereof, the Principal and Surety caused this bond to be executed on this ________ day of ______________________, 2024.

Principal
_________________________________
By: ______________________________
Title:_____________________________
Surety
________________________________
By:______________________________
Title:_____________________________
Local Mailing Address of Surety:
________________________________ Street Address
________________________________ City & State
Telephone Number
(All Signatures Must Be Acknowledged)

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6/24 - 26 - CC 2024-05 Construction Agreement
A notary public officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
)

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _________________________ (Seal)

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Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of June 11, 2024
From: Chris Constantin, City Manager
Prepared by: Anissa Livas, Sr. Management Analyst
Subject: Approve California Office of Emergency Services (CalOES) Form 130 Designating Agents Necessary to Provide for All Matters Pertaining to State and Federal Emergency Management Agency (FEMA) Reimbursements ____________________________________________________________________________

SUMMARY
The City Council will consider approving the CalOES Form 130, designating the City Manager, Assistant City Manager, and Director of Administrative Services as agents necessary to provide for all matters pertaining to State and Federal Emergency Agency (FEMA) reimbursements. The resolution will remain in effect for all open and future disasters up to three (3) years following the date of approval.

RECOMMENDATION
Staff recommends that the City Council:
• Adopt the Designation of Applicant’s Agent Resolution for Non-State Agencies. • Designate City Manager Chris Constantin, as the Governing Board Representative as well as Brad McKinney, Assistant City Manager, and Michael O’Brien, Director of Administrative Services

FISCAL IMPACT
There is no fiscal impact for the recommended action. However, approval of CalOES Form 130 is required for the City to obtain certain disaster cost reimbursements from FEMA and the State relating to all future disasters over the next three years.

BACKGROUND
Cities are eligible for Public Assistance (PA) funding under state issued disaster declarations. The City incurred expenses responding to the California severe winter storm event which took place

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Approve California Office of Emergency Services (CalOES) Form 130 Page 2 For the Meeting of June 11, 2024
January 31, 2024 through February 9, 2024, which are qualified to submit for reimbursement determination.

DISCUSSION/ANALYSIS
CalOES and FEMA require the City Council to authorize, via resolution, a list of titles to serve as Authorized Agents in matters relating to disaster response, recovery, pre-disaster mitigation grants, hazard mitigation grants (HMPG), and planning. Authorized agents can act as signature authorities and validate and receive funds from CalOES and FEMA.

The Form 130 – Designation of Applicant’s Agency Resolution for Non-State Agencies, designates the positions the City Council authorizes to apply for public assistance and recovery funding on behalf of the City for a three-year period. The proposed action would designate the City Manager, Assistant City Manager, and the Director of Administrative Services.

Should the City Council approve the Form 130, staff will submit all necessary documents to CalOES as required for future reimbursement requests.

ALTERNATIVES
The City Council has the following options to consider on this matter:

1. Adopt resolution.

2. Adopt the resolution with modifications

3. Do not adopt the resolution and provide direction to staff.

Respectfully submitted,
Anissa Livas
Sr. Management Analyst
Attachments:

1. Resolution (Form OES-FPD-130)

2. Letter to Governor's Office of Emergency Services

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DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES

BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)

THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under - Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Cal OES ID No: _____________
Rev. 10-2022 Page 1 of 4 OES-FPD-130
ATTACHMENT 1
City Council City Manager Assistant City Manager Director of Administrative ServicesCity of San Dimas City of San Dimas City of San Dimas

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Please check the appropriate box below
This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval.

This is a disaster/grant specific resolution and is effective for only disaster/grant number(s):

Passed and approved this __day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)

CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 2 of 4 OES-FPD-130 Chris Constantin Brad McKinney Michael O'Brien City Council City of San Dimas City of San Dimas ✔ City Clerk City Clerk 204 24 11 June Debra Black 11 June

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Director of Administrative
Services
Michael O’Brien
Director of Community
Development
Luis Torrico
Director of Parks and
Recreation
Scott Wasserman
Director of Public Works
Shari Garwick

245 East Bonita Avenue ∙ San Dimas ∙ California 91773-3002 ∙ (909) 394-6200 ∙ Fax (909) 394-6209  sandimasca.gov City Council
Emmett Badar, Mayor
Ryan A. Vienna, Mayor Pro Tem – District 4
Rachel Bratakos - District 3
Eric Weber - District 1
Eric Nakano - District 2
City Manager Chris Constantin
Assistant City Manager
Brad McKinney
City Attorney
Jeff Malawy
June 12, 2024
Governor’s Office of Emergency Services
Grants Management
3650 Schriever Avenue
Mather, CA 95655
Subject: City of San Dimas Designation of Application Resolution Dear CalOES Grants Management Division,
The City of San Dimas will be designating the following individuals to the “Universal” Designation Applicant’s Agency Resolution (OES Form 130) at the City of San Dimas City Council Meeting on June 11, 2024. The purpose of this letter is to update and inform you of the of these changes.

City Manager: Chris Constantin
Assistant City Manager: Brad McKinney
Director of Administrative Services: Michael O’Brien
Please make note of the personnel designations above in correspondence to the City of San Dimas OES 140 Designation of Aplicants Agent Form. Please get in touch with our office if you require further information.

Sincerely,
Anissa Livas
Sr. Management Analyst
City of San Dimas
ATTACHMENT 2

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Agenda Item Staff Report
To: Honorable Mayor and Members of City Council
For the Meeting of June 11, 2024
From: Chris Constantin, City Manager
Prepared by: Lauren Marshall, Sr. Management Analyst
Subject: Award Contract for the Design of the Lone Hill Park Regional Watershed Management Program Project to CWE in the Amount of $745,925, and Approval of Overall Project Budget of $832,620 Including Contingency and Authorize City Manager, or designee, to execute the Contract with CWE in a form authorized by the City Attorney.
____________________________________________________________________________

SUMMARY
Staff requests that the City Council approve the award of contract to CWE to design the Lone Hill Park Regional Watershed Management Program Project and allow the City Manager, or designee, to execute the Contract with CWE in a form authorized by the City Attorney and approve a budget not to exceed $832,620 to complete the project.

The City of San Dimas participates in stormwater planning and pollution reduction efforts with neighboring agencies in the Upper San Gabriel River Watershed. These agencies work to devise programs and projects that facilitate the capture and treatment of stormwater pollutants in accordance with requirements established by the Los Angeles Regional Water Quality Control Board and the Municipal Separate Storm Sewer System (MS4) Permit. As part of this process, the member agencies identified a regional opportunity to divert, collect, and treat stormwater within the watershed areas at an infiltration chamber system within Lone Hill Park, thereby improving water quality for the watershed.

In 2022, the City received Safe Clean Water Regional funding in the amount of $900,000 for the design of the Lone Hill Park Regional Watershed Management Program Project to address State water quality mandates. The design will include diversion and cleaning of stormwater runoff, infiltration of the cleaned water into chambers under Lone Hill Park that will help recharge the groundwater basin, and design of park improvements and amenities as coordinated with the City Parks and Recreation Department. The project is for design only, and construction funding has not yet been determined.

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Consideration of Award of Contract for the Design of the Lone Hill Park Regional Watershed Management Program Project to CWE. Page 2
For the Meeting of June 11, 2024

RECOMMENDATION
Staff recommends that City Council:

1. Award of the Lone Hill Park Regional Watershed Management Program Project to CWE in the Amount of $700,140, and Approval of Overall Project Budget of $832,620 Including Contingency

2. Authorize and appropriate total project budget of $832,620 ($700,140.00 for the construction contract, 15% for contingency and $27,459 for engineering services).

3. Authorize City Manager, or designee, to execute the Contract with CWE in a form authorized by the City Attorney.

FISCAL IMPACT
The Lone Hill Park Regional Watershed Management Program Project design was allocated in the Fiscal Year 2023-24 budget cycle. Of the $900,000 received by the City from Safe Clean Water Regional Funds, $67,380 have been spent to develop the Request for Proposal, leaving $832,620 for the development of the project design.

Should Council move forward with awarding this project design, the total project budget will include the design costs, as well as 15% Contingency, and $27,459.00 for engineering consulting services. As a result, the project budget is as follows:

Design Bid $700,140
Design Contingency (15%) $105,021
Engineering Consulting Services $27,459
Total Project Budget (Not-to-Exceed) $832,620
The anticipated total project budget for this phase of the design of Lone Hill Park Regional Watershed Management Program Project is $832,620.

BACKGROUND
On October 13, 2020, Council approved a letter of support for the Lone Hill Park Stormwater Project that was sent to the Upper San Gabriel River Watershed Steering Committee. In September 2021, the Los Angeles County Board of Supervisors approved an award of $900,000 in Regional Safe Clean Water Funds for the design of the Lone Hill Park Stormwater Project.

Lone Hill Park, 500 North Shellman Avenue, is a 9.0-acre multipurpose recreational facility located on the west side of the city. It is a community Park with amenities such as softball fields, tennis and basketball courts, playground equipment and a parking lot. Lone Hill Park is bounded by Gladstone Elementary School to the north, residential properties to the east, Juanita Avenue to the south and Shellman Avenue to the west.

The proposed project will capture, treat and infiltrate approximately 320 acres of stormwater from various land uses within the Cities of San Dimas and Glendora tributary to the Gladstone Street storm drain. The infiltration system will be located in the northern portion of Lone Hill Park east of the existing tennis courts. The project will divert stormwater from the existing LACFCD storm drain in Gladstone Street via a new low flow storm drain to be designed as part of this RFP in

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Consideration of Award of Contract for the Design of the Lone Hill Park Regional Watershed Management Program Project to CWE. Page 3
For the Meeting of June 11, 2024
Shellman Avenue. The goal of this project is to capture, treat and infiltrate approximately 14.5 acre-feet of wet weather flow tributary to the Gladstone Avenue storm drain. In accordance with the Safe Clean Water Program, a preliminary Feasibility Study Report was prepared by Stantec Consulting Services to evaluate the potential of utilizing Lone Hill Park as a multi-benefit watershed-based project. The Study was accepted and funding of design of the project started.

Additionally, on September 20, 2022, staff presented preliminary design elements to the Parks & Recreation Commission. The Parks & Recreation Commission provided initial input for playground amenities that might be most beneficial for special needs patrons of Lone Hill Park. These amenities included: An ADA accessible playground and drought-tolerant garden. Throughout the design process the City Council, the Parks & Recreation Commission, and the community as a whole will be asked to provide further input on the project.

This project is funded through the Safe Clean Water Regional Program and administered by Los Angeles County Flood Control District. Therefore, the project will need to be prepared in accordance with the executed January 2022 Transfer Agreement, current practices, regulations, policies, procedures, manuals, and Los Angeles County and State of California requirements.

The preliminary cost estimate at the time the project was submitted to the Los Angeles County Board of Supervisors for approval was $9 million dollars. Once the project has been designed, staff will begin the process of identifying funding sources for construction.

DISCUSSION/ANALYSIS
City staff released a Request for Proposal (RFP) to on February 7, 2024, to solicit design services for the Lone Hill Park Stormwater Project. Inquiries received for potential proposers were answered in Addendum #1 issued on February 22, 2024. In response, staff received three (3) sealed proposals by March 18, 2024, from the following firms: Craftwater, CWE, and Stantec.

A selection committee consisting of the City Engineer, Director of Public Works, Don Dirian from DJP Engineering Inc., the Public Works Senior Management Analyst, and the Parks & Recreation Landscape Manager, reviewed and ranked the three proposals according to firm qualifications and relevant experience, team qualifications and experience, project understanding and approach, project proposal, references, schedule of work, and cost as follows:

Rank Consultant Location Proposal Fee
1 CWE Fullerton, CA $700,140
2 Stantec Consulting Services, Inc. Pasadena, CA $655,756 3 Craftwater Engineering, Inc. Pasadena, CA $899,062

ALTERNATIVES
The City Council may choose to not award or authorize the budget for the design of the Lone Hill Park Stormwater Project. However, this funding must be expended and this project design in order to comply with the Transfer Agreement between the City and the Los Angeles County Flood Control District. Failure to adhere to the agreement would demonstrate a lack of compliance to the Municipal Separate Storm Sewer System (MS4) Permit and potentially put future funding

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Consideration of Award of Contract for the Design of the Lone Hill Park Regional Watershed Management Program Project to CWE. Page 4
For the Meeting of June 11, 2024
opportunities for stormwater projects at risk. The City would also be obligated to return a total of $900,000 to the Safe Clean Water Regional Funds.

Respectfully submitted,
Lauren Marshall
Sr. Management Analyst
Attachments:

1. Draft Professional Services Agreement

2. Draft Aerial Project Rendering

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1 Rev. 06/22 Professional Service Agreement

CITY OF SAN DIMAS

PROFESSIONAL SERVICE AGREEMENT
This professional service agreement (“Agreement”), is made and effective on this ____________, between CITY OF SAN DIMAS ("Agency"), a municipal corporation, and CWE CORPORATION.

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. TERM
This Agreement shall commence on this _____________, 2024 and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2026 unless sooner terminated pursuant to the provisions of this Agreement.

II. SERVICES
Consultant shall perform the tasks described and set forth in “Exhibit A” (“Tasks to Be Performed”), attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in “Exhibit A”. To the extent that “Exhibit A” is a proposal from Consultant, such proposal is incorporated only for the description of the scope of services and no other terms and conditions from any such proposal shall apply to this Agreement unless specifically agreed to in writing.

III. PERFORMANCE
Consultant shall at all times faithfully, competently, and to the best of their ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

IV. AGENCY REPRESENTATIVE
Agency’s City Manager (or their designee) shall represent Agency in all matters pertaining to the administration of this Agreement, review and approve all products submitted by Consultant, but not including the authority to enlarge the tasks to be performed per “Exhibit A” or change the compensation due to Consultant. Agency’s City Manager (or their designee) shall be authorized to act on Agency's behalf and to execute all necessary documents which enlarge the tasks to be performed per “Exhibit A” or change Consultant's compensation, subject to Section V hereof.

V. PAYMENT
A. Agency agrees to pay Consultant in accordance with the payment rates and terms and the schedule of payment as set forth in tasks to be performed per “Exhibit B” (“Payment Schedule”), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Total payment to Consultant pursuant to this Agreement shall not exceed seven hundred thousand one hundred forty dollars and no cents ($700,140.00) absent a written amendment to this Agreement.

B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Agency’s City Manager (or their designee). Consultant shall be compensated for any additional services in the ATTACHMENT 1

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2 Rev. 06/22 Professional Service Agreement
amounts and in the manner as agreed to by Agency’s City Manager (or their designee) and Consultant at the time Agency's written authorization is given to Consultant for the performance of said services.

C. Consultant shall submit invoices for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the Agency disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice therefore.

D. The Contractor will be provided an annual cost of living increases based on the local area Consumer Price Index (CPI – March of each year) to be implemented annually on July 1st beginning with July 1, 2025 and continued thereafter for the subsequent years of any renewed contract periods. Contractor must submit in writing its request for the annual cost of living increase by April of each year.

VI. TERMINATION OF AGREEMENT
A. Except as otherwise provided herein below, Agency may terminate this Agreement, or any portion hereof, by serving written notice of termination to upon the other party at least ten (10) days prior to the date of termination. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.

If the Agency terminates a portion of this Agreement, such termination shall not make void or invalidate the remainder of this Agreement.

B. In the event this Agreement is terminated pursuant to this section, the Agency shall pay to Consultant the actual value of the work performed up to the time of termination, less any disputed amounts. Upon termination of the Agreement pursuant to this section, the Consultant will submit an invoice to the Agency as provided herein above.

VII. DEFAULT
A. Either party's failure to comply with the provisions of this Agreement shall constitute a default. In the event that either party is in default for cause under the terms of this Agreement, the affected party shall promptly notify the deficient party of such default and following such notice shall have no obligation or duty to continue compensating or providing any work after the date of default and can terminate this Agreement immediately by written notice to the other party. If such failure hereunder arises out of causes beyond either party’s control, and without fault or negligence, it shall not be considered a default.

B. If the Agency’s City Manager (or their designee) determines the Consultant is in default in the performance of any of the terms or conditions of this Agreement, Agency shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service of default notice to cure the default as directed by the Agency in the notice of default. In the event the Consultant fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

VIII. OWNERSHIP OF DOCUMENTS
A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shall maintain adequate Page 130 – 567 3 Rev. 06/22 Professional Service Agreement
records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the Agency at reasonable times to such books and records; shall give Agency the right to examine and audit said books and records; shall permit Agency to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the Agency and may be used, reused, or otherwise disposed of by the Agency without the permission of the Consultant. With respect to computer files, Consultant shall make available to the Agency, at the Consultant's office and upon reasonable written request by the Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. Consultant hereby grants to Agency all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Consultant in the course of providing the services under this Agreement.

IX. INDEMNIFICATION AND DEFENSE
A. Indemnification
To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency and any and all of its officials, employees, agents, and/or volunteers (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this Agreement. Consultant’s duty to indemnify and hold harmless Agency shall not extend to the Agency’s sole or active negligence or willful misconduct.

B. Duty to Defend
In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by Agency, Consultant shall defend the Indemnified Parties at Consultant’s cost or at Agency’s option, to reimburse Agency for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by Agency is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and Agency, as to whether liability arises from the sole or active negligence or willful misconduct of the Agency or its officers, employees, or agents, Consultant will be obligated to pay for Agency’s defense until such time as a final judgment has been entered adjudicating the Indemnified Parties as solely or actively negligent or to have acted with willful misconduct. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.

X. INSURANCE Page 131 – 567
4 Rev. 06/22 Professional Service Agreement
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in “Exhibit C” (“Insurance Requirements”) attached herewith and incorporated herein by this reference as though set forth in full.

XI. INDEPENDENT CONTRACTOR
A. Consultant is and shall at all times remain as to the Agency a wholly independent contractor. 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 Agency nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the Agency. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against Agency, or bind Agency in any manner.

B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant and/or its employees for performing services hereunder for Agency. Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness to its employee(s) arising out of performing services hereunder.

XII. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state, and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The Agency, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

XIII. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the Agency in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the Agency has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this section shall be a material breach of this Agreement entitling the Agency to any and all remedies at law or in equity.

XIV. NO BENEFIT TO ARISE TO AGENCY EMPLOYEES
During their tenure and for one year thereafter, no member, officer, or employee of Agency, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the services under this Agreement shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the services performed under this Agreement.

XV. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without Agency's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the Agency City Manager (or their designee) or unless requested by the Agency, voluntarily provide declarations, letters of support, testimony at Page 132 – 567 5 Rev. 06/22 Professional Service Agreement
depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the Agency. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Agency notice of such court order or subpoena.

B. Consultant shall promptly notify Agency should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the Agency, unless the Agency is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Consultant is prohibited by law from informing the Agency of such Discovery. Agency retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless Agency is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with Agency and to provide the opportunity to review any response to Discovery requests provided by Consultant.

However, Agency's right to review any such response does not imply or mean the right by Agency to control, direct, or rewrite said response.

XVI. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by: (i) personal service; (ii) delivery by a reputable document delivery service (e.g., Federal Express), which provides a receipt showing date and time of delivery; or (iii) United States mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To AGENCY: City of San Dimas To CONSULTANT: CWE Corp.
245 E Bonita Avenue 1561 E. Orangethorpe Ave Ste. 240
San Dimas, CA 91773 Fullerton, CA 92831
Attn: Shari Garwick, Director of Public Works Attn: Jason Pereira, Principal

XVII. ASSIGNMENT
A. Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Agency. Due to the personal nature of the services to be rendered pursuant to this Agreement, only Consultant shall perform the services described in this Agreement.

B. Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide Agency with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant which shall include an indemnity provision identical to the one provided herein identifying Agency as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from Agency for such insurance.

C. CWE Corp. may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of Jason Pereira from Consultant's employ. Should Jason Pereira leave Consultant's employ, the Agency shall have the option to immediately terminate this

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6 Rev. 06/22 Professional Service Agreement
Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the Consultant.

XVIII. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

XIX. GOVERNING LAW
The Agency and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the Agency.

XX. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

XXI. SEVERABILITY
Any part, provision, or representation of this Agreement or any of its exhibits, including, but not limited to “Exhibit C”, which is held to be invalid, void or unenforceable by a court of competent jurisdiction, shall be limited to that part, provision or representation and all other parts, provisions, or representations herein shall remain in full force and effect.

XXII. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Consultant is bound by the contents of Exhibit D (“Agency’s Request for Proposal”), hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit A, hereto. In the event of conflict, the requirements of Agency’s Request for Proposal and this Agreement shall take precedence over those contained in the Consultant’s proposal. The incorporation of the Consultant’s proposal shall be for the scope of services to be provided only, and any other terms and conditions included in such proposal shall have no force and effect on this Agreement or the relationship between Consultant and/or Agency, unless expressly agreed to in writing.

XXIII. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that they have the authority to execute this Agreement on behalf of the Consultant and have the authority to bind Consultant to the performance of its obligations hereunder. ///
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/// Page 134 – 567
7 Rev. 06/22 Professional Service Agreement
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
“CONSULTANT”
Consultant name
By: ________________________________ (Signature)
________________________________ (Typed Name)
________________________________ (Title)
“AGENCY”
ATTEST: CITY OF SAN DIMAS, a municipal corporation
By: By:

Debra Black, City Clerk Chris Constantin, City Manager
Approved as to form:

By:

Jeff Malawy, City Attorney
Attachments: Exhibit A Tasks to Be Performed/Consultant’s Proposal Exhibit B Payment Schedule
Exhibit C Insurance Requirements
Exhibit D Request for Proposal

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EXHIBIT A
TASKS TO BE PERFORMED/CONSULTANT’S PROPOSAL
CWE Corp’s proposal dated March 18, 2024 includes description of the services to be provided in this agreement.

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Creating a Better Tomorrow, Today™
Proposal to Provide Design Services for the Lone Hill Park Regional Watershed Management Program Project
City of San Dimas
Department of Public Works
March 18, 2024 Page 137 – 567
March 18, 2024
Lauren Marshall, Senior Management Analyst
City of San Dimas
Department of Public Works
245 East Bonita Avenue
San Dimas, California 91773
Proposal for Lone Hill Park Regional Watershed Management Program (WMP) Project Dear Ms. Marshall,
Improving the way we capture the stormwater that enters our waterways is essential to the health of current and future generations. With the proposed Lone Hill Park Regional Watershed Management Program (WMP) Project, the City of San Dimas (City) has a vision to implement a new approach to manage the stormwater that runs through Lone Hill Park while updating the amenities for the surrounding community to enjoy. You deserve a project partner that shares your vision.

At CWE, our engineers and scientists approach each project with the goal of Creating a Better Tomorrow, Today!™. We pioneered the design of multi-benefit stormwater enhancement projects and continue to lead this niche sector with firstof-their-kind projects, especially when it comes to utilizing park facilities in the design of sub-surface infiltration systems.

Our firm’s reputation is built on the repeat success of our award-winning multi-benefit stormwater enhancement projects.

Since our founding in 2006, CWE has been involved in the successful development of seven WMPs. Our firm also contributed to the implementation of stormwater programs for 74 local municipalities. Our extensive experience allows us to comprehensively understand current and past Municipal Separate Storm Sewer System Permits and regulatory requirements driving regional project implementation.

This success was made possible by CWE’s innovative engineers and scientists that are willing to challenge the status quo if it means finding a better solution for our clients and their projects. Our proposed Project Manager, Katie Harrel, PE, ENV SP, QSD, has contributed to our success while working on some of CWE’s most notable multi-benefit stormwater enhancement projects.

Similar to your Lone Hill Park project, these concepts utilized park facilities to install underground infiltration systems and upgraded park amenities. One of these projects includes the City of Baldwin Park’s Barnes Park Multi-Benefit Stormwater Capture project. In the role of Project Manager, Katie managed the design of a stormwater infiltration facility that is designed to capture and infiltrate approximately 10 acre-feet of wet-and-dry weather flows. Another project includes Covina’s Wingate Park Regional WMP project. The infiltration system under the park was designed to have a single storm capacity of over 25 acre-feet. Katie is a distinguished expert in leading the design of regional WMP projects, especially in the San Gabriel Valley. She is familiar with the local area, its agencies, and their permitting requirements. She has a successful history of guiding our talented engineering staff and subconsultants through the process of designing groundbreaking multi-benefit stormwater projects.

We look forward to the opportunity to build on our relationship with you and welcome the chance to discuss our qualifications further. As Principal of this firm, I, Jason Pereira, am authorized to contractually bind the firm. If you have questions or require additional information, please contact me at our office located at the address on this letterhead, (714) 310-1071, or [email protected].

Respectfully submitted,
CWE
Jason Pereira, PE, CPSWQ, QSD/P, QISP
Principal
1561 E. Orangethorpe Avenue
Suite 240
Fullerton, California 92831
cwecorp.com
T. (714) 526-7500 │ F. (714) 526-7004

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TABLE OF CONTENTS
Page
Creating a Better Tomorrow, Today™
Section
Appendix A Resumes
Appendix B Acknowledgment of Addenda
Appendices
Cover Letter i
Table Of Contents ii
I. Work Plan 1
II. Organizational Chart 21
III. Project Schedule and Deadlines 22
IV. Firm Qualifications 23
V. Objections to Professional Services Agreement 27

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Creating a Better Tomorrow, Today™ 1
CWE is an industry leader in the multi-benefit stormwater project field, especially in Los Angeles County. We have been involved in the major aspects of these projects, including planning, design, analysis, permitting, funding, and implementation. We understand the process from start to finish and are known for delivering award-winning projects to our clients. We designed the first subsurface infiltration system in 2011 for the City of Los Angeles Garvanza Park Rainwater Capture and Use project and have been enhancing and advancing our craft ever since. Prior to forming CWE, our co-founding Principal led the design of Sun Valley Park Drain and Infiltration System in 2005, the first project of its kind. This experience has positioned CWE as an industry leader. We have reviewed a variety of documents to understand the Lone Hill Park Watershed Management Program (WMP) Project (Project), such that we can hit the ground running once awarded the Project. We provide a fresh set of eyes that will identify additional enhancement opportunities and deliver an award-winning project that the City of San Dimas (City) and the surrounding community can utilize with pride.

Project Understanding and Approach
The following subsections document our understanding and the approach we will take to deliver and complete the Project successfully. We foresee this being an award-winning project and look forward to being a part of it! Background
The Project was originally identified in the East San Gabriel River (ESGR) WMP as a priority project to address the watershed’s limiting pollutants (metals [zinc] and bacteria), specifically tributary to San Dimas Wash. CWE assisted in the development of seven Enhanced (E)/WMPs throughout Los Angeles County in response to the 2012 Municipal Separate Storm Sewer System (MS4) Permit. We understand the origin, intent, and progression of WMP-identified projects and carry those goals into the final design, such that the original intent is not lost. Following WMP approval, we have analyzed, designed, and assisted in the implementation of over 30 regional projects identified in the planning studies, several of which are discussed in our qualifications. Our all-encompassing experience—from MS4 Permit implementation to WMP development to regional project design and construction management—allows us to be an ideal Project partner.

We have reviewed the ESGR 2021 WMP update in detail to understand the goals the City is working towards to improve water quality. The Project is tributary to San Dimas Wash, which includes impairments for bacteria and metals in wetweather, which are driving implementation goals. The City must capture over 47 acre-feet of runoff in the San Dimas Wash tributary to address both bacteria and metals in accordance with the WMP-defined schedule.

Proposed Improvements and Opportunities
We have reviewed the Request for Proposals (RFP), Safe, Clean Water Program (SCWP) Feasibility Study, and supplemental preliminary design documents (including related reference documents) in detail to understand the design approach, sizing, modeling, and amenities. The stormwater improvements include a storm drain diversion, piping, pretreatment system, flow meter, actuated valve, and subsurface infiltration system (as depicted in the figure included). We understand the surface improvements will include a new all-abilities/all-inclusive themed playground, parking lot, demonstration garden, and basketball court. Several of the stormwater capture projects we have designed are coupled with surface improvements.

We understand it will be important to work closely with the Parks and Recreation Department for surface features. The surface features are also important, as they are what the community will see and utilize following construction.

The figure on the on the next page illustrates the major components related to the Project’s water quality enhancements.

I. WORK PLAN
“CWE is a true project partner because they evaluate the whole scope of the project, including cost, maintenance, and purpose. They understand every public dollar is precious and analyze each element of the project through the lens of the agency that will operate it for decades.” -- Sean Singletary, PE
City of Culver City Public Works Department

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Creating a Better Tomorrow, Today™ 2
We reviewed the 30% design plans developed for the Project using a fresh set of eyes. The following are a few features we would like to further discuss and modify as the design is finalized:
¾ Diversion pipe slope is lower than recommended (could easily clog and require additional maintenance). ¾ Diversion pipe profile will have to be carefully designed to consider house connections for water and sewer pipes. ¾ Utilities along Shellman Avenue will need to be updated/corrected to match existing conditions (concept is missing sewer line and main water line).
¾ Flow meter and valve spacing will need to be refined (separation requirements are necessary to allow the flow meter to maintain accuracy).
¾ Subsurface sediment trap soffit could be reduced, as the top of the system is shown to be above the invert of the main line being diverted from, which will prevent the system from being full.

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Creating a Better Tomorrow, Today™ 3
Rather than walk through the overall layout, we want to focus additional discussion on opportunities and/or considerations we feel are important as the Project moves into the final design phase. These comments are summarized in the table below.

Opportunity/Consideration Discussion
Operation and Maintenance
(O&M)
¾ Will talk with O&M team at the City to design around available equipment, staff experience, preferences, etc.
¾ Manholes at the infiltration system will be buried for safety (do not want them to be hidden in grass areas)
¾ Additional infiltration system manholes will be necessary, such that the maximum distance between them is 150 feet due to confined space entry ¾ Diversion and pretreatment will be located to allow for easy access for O&M, we will discuss if the City will find it easier to access in the field, Shellman Avenue, or near the existing parking lot
Manufactured products
¾ The current configuration shows the use of concrete arches for storage ¾ We will utilize a performance specification to allow for various types of concrete products to be used
¾ Box-type configurations will help reduce the impact area due to geometry Infiltration system footprint
¾ Infiltration tests will be performed at the implementation location at the proposed invert to better understand infiltration rates anticipated ¾ It appears the system is designed to store the entire 85th percentile storm event and does not account for infiltration during the storm
¾ We will optimize the design to match capture volume by accounting for infiltration, which will lower the cost while providing the same benefit ¾ Infiltration system will be placed to allow for excavation to be accomplished without shoring
¾ System will be designed to avoid a pumped diversion (we designed a much deeper system in the City of San Fernando)
Overflow system
¾ Excluding an overflow system will reduce costs
¾ System will empty in less than 48 hours based on measured infiltration rate ¾ Overflow system would only be used if two consecutive storms were within 48 hours of each other (will also require additional permitting for minimal benefit) Cost opinion
¾ The latest cost opinion included in the RFP (with SCWP application) was prepared in 2020 and unit costs have significantly increased since then ¾ Available cost is based on a different size and type of storage system as compared to the 30% plans included in the RFP
¾ We will update and refine the construction cost opinion early in the Project, such that the City understands future anticipated costs
Surface Improvements
All-Abilities Playground – Playgrounds should be fun for everyone! Play is more than just fun; it is an essential part of a child’s cognitive, physical, mental, and social development.

More and more, we are incorporating multi-generational play components, including mommy-and-me swings and sensory
panels where children and adults can play and interact. Our team has extensive experience delivering all-ability and allaccessible play spaces, and we can help navigate the selection of different play components from sensory panels to swing and sway. Our goal is to deliver an awesome playground! To meet your program’s special needs goal, we would suggest locating the 7,500-square-foot playground near the restroom (may shift the existing basketball court east to make the play area closer to the existing restroom). Fencing and

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Creating a Better Tomorrow, Today™ 4
containment, and gated access are as important to special needs playgrounds as maintaining clear sight lines for parents, guardians, and other caregivers. We understand the need for shade in the playground and will design improvements, such that both play equipment and seating areas are comfortable spaces. Based on RecWest’s 3D renderings, we anticipate a fun and unique baseball themed structure. Projects we are currently collaborating with RecWest and Landscape Structures include Fremont Park and Glendale Central Parks in Glendale, Heritage Park in Diamond Bar, and Art Leboe Park in El Monte. Each park incorporates unique theme elements from western town themes to Technology and STEM. We are also working with Landscape Structures in Garden Grove to deliver a jungle-themed playground, and in the City of Brea, we are beginning construction on a 1-acre All-Abilities Universally Accessible Playground.

Demonstration Garden – Demonstration gardens are a
great educational amenity that can also bring the community together through continued programming and volunteer
events. We recently completed demonstration gardens in
Laguna Niguel, Costa Mesa, and Westminster with education signage and programming covering multiple topics. For this site, we suggest developing three or more conservation-based educational topics to create a unique space that serves the community through education and programming. These
gardens tend to become destinations for leisurely walks, and a place to relax and enjoy nature. For this reason, we recommend incorporating benches, picnic tables, and
shade. A gathering space could be utilized for educational events, seasonal events, picnicking, or other programming opportunities. A rain garden or bioswale area would work well with the park’s overall project goals, and drought tolerant landscaping could be utilized to showcase proven shrub
species. We could incorporate signage and QR codes so that plants can be identified and updated. The surface water quality feature could capture and treat runoff generated in the new parking lot area.

We understand the demonstration garden will occupy at a minimum 7,000 square feet and may include various educational zones related to butterflies and pollinators, native plantings, succulent and xeriscape, water conservation, composting, infiltration and rain gardens, irrigation methods, and beneficial trees. Many of our facilities feature public art such as a sculpture which are commissioned by local artists. We would like to deliver a demonstration garden that exceeds expectations and grows to become invaluable to local residents.

Parking Lot – We will work with the City to deliver new parking lot conceptual layouts that meet the program goals.

We suggest softening the design of the parking lot to give a more park like/authentic San Dimas character. In addition to permeable paving or interlocking pavers, we would suggest introducing bioswales or rain gardens (as noted with the adjacent demonstration garden) that are functional, maintainable, and aesthetic. In total, the new parking lot will accommodate 20-30 parking stalls and utilize appropriate canopy trees with adequate root zones for healthy growth and ease of maintenance.

Basketball Court – We understand the existing basketball court will be removed and replaced to install the subsurface infiltration system. The geotechnical report does not include a recommendation for the proposed replacement slab being conventional or post-tension. We have recent experience with both and are prepared to deliver designs for either method.

From our recent experience, post-tension costs are now similar to conventional and may become advantageous in longevity and performance. For Lone Hill Park, we would recommend placing a buffer between the basketball court users and playground users. We will explore seating and amenity options to provide an upgraded court. We will engage your staff and community in the selection of surfacing color that best represents your community.

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Creating a Better Tomorrow, Today™ 5
Safe, Clean Water Program and Funding
The Project received funding through the SCWP Infrastructure Program for design, as indicated in the Stormwater Investment Program (SIP) developed by the Upper San Gabriel River (USGR) Watershed Area Steering Committee (WASC) during the second round of projects. CWE has prepared 15 SCWP applications and is working on the implementation of 12 projects that received funding during prior rounds. We are supporting the documentation and reporting for most of those projects. We understand the requirements of the SCWP, including the specific requirements detailed in the Infrastructure Program Transfer Agreement. We will assist the City in meeting outreach, monitoring, O&M, and reporting requirements, streamlining the implementation process.

We understand the City has not pursued construction funding from the SCWP Infrastructure at this time, as it would be beneficial to wait until the design process has progressed and funding needs are better defined. We would be happy to help the City apply for construction funding from SCWP and other sources. CWE manages several on-call grant contracts, where we keep up to date on various funding opportunities available. We have assisted our clients in receiving $100’s of millions and we would like to help the City do the same for the Project. CWE can help the City apply for different funding opportunities including opportunities from SCWP, California Department of Transportation (Caltrans), Department of Parks and Recreation, State Water Resources Control Board, Department of Water Resources, and others.

The Project drainage area includes portions of the 57 Freeway, which is owned by Caltrans. There may be opportunities to partner with them to obtain construction funding, which would also benefit the City if SCWP funds are pursued, as it could be counted towards leveraged funds. We helped the Cities of Culver City, El Monte, and Santa Ana successfully pursue Caltrans funding for all three of their projects.

Scope of Services
This section details our proposed Scope of Services in alignment with the RFP. We have visited Lone Hill Park to better understand the site and Project, including existing conditions and constraints. We have identified optional tasks in a separate subsection below, which are not included in our cost proposal. We look forward to further discussing the Scope of Services with the City.

Task 1: Project Administration and Coordination
Task 1.1: Project Meetings and Coordination
Project administration includes staff chartering, project coordination and management, management of subconsultants, and schedule and budget tracking. Project administration efforts are critical for allowing the Project to be completed on time and within budget. CWE will proactively engage the City with timely and concise communications and anticipates feedback at various stages of Project development. Open and result-driven communications will allow the Project to move forward in a productive and timely manner. We will conduct the following Project meetings virtually (video) (or in-person upon request) with the City and Project stakeholders:
¾ Kickoff meeting (agree on overall approach, review scope, confirm deliverables, discuss schedule, obtain data, and understand expectations)
¾ Monthly meetings to discuss progress and deliverables (nine [9] anticipated) ¾ Meetings with utility companies based on findings related to the utility search (included under Task 4) (four [4] virtual meetings anticipated)
¾ Attend and support up to three (3) City Council meetings, including presentation development, attendance, and presenting to Council (these could include meetings where environmental and design plans are being accepted or following the bid phase)
We will prepare a sign-in sheet (for in-person meetings) and agenda prior to each meeting. The agenda will serve as the basis for the meeting summary, which will be prepared shortly after the meeting. We will also maintain a table of action items, which will include key dates and responsibilities. We will maintain the Project schedule, which could be updated as often as monthly for discussion at the monthly meetings.

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Creating a Better Tomorrow, Today™ 6
Deliverables: Agenda, sign-in sheet, and meeting summary for up to 14 virtual meetings (in-person assumed for up to three [3] meetings), including kickoff, monthly, and utility coordination meetings. Meeting attendance and presentations in PowerPoint format for up to three (3) City Council meetings.

Task 1.2: Stakeholder and Community Outreach and Engagement Plan CWE will prepare a Stakeholder and Community Outreach/ Engagement Plan in accordance with the SCWP Transfer Agreement requirements. The plan will include discussion of at least one outreach activity and two or more engagement events in accordance with the agreement. We have conducted outreach and developed related plans for several regional WMP projects and understand different formats that can be implemented and important considerations to account for early in the planning process. We will coordinate with various City departments to discuss preferences and requirements in advance, which will inform the preparation of the outreach plan. We will follow the plan to implement outreach activities under Task 10. We created a separate task to detail outreach activities due to the scope and complexity of outreach efforts. We will involve the USGR Watershed Coordinators during the plan development, as we understand they are actively performing outreach within the watershed and can help coordinate Project outreach efforts, as they did for the Barnes Park Multi-Benefit Stormwater Capture Project in the City of Baldwin Park.

Deliverables: Draft and Final Stakeholder and Community Outreach and Engagement Plan in electronic (PDF) format.

Task 1.3: Safe, Clean Water Program Reporting
The Transfer Agreement that comes with SCWP infrastructure funding identifies several tasks and deliverables needed throughout the implementation process. CWE has assisted several of our clients in meeting grant program requirements by preparing report deliverables and providing key information for our clients to use to support documentation requirements.

We are currently managing Infrastructure Program reporting for 11 regional stormwater projects. CWE will support the City in documentation and reporting required for the SCWP Infrastructure Program, which will allow the funding process to be smooth and successful. We will complete the tasks summarized below at the indicated frequency through the design phase (we are also happy to extend these services into the implementation phase upon the City’s request, with an updated scope and fee). We developed the table below based on the Transfer Agreement, specifically Exhibits A and B.

Summary of SCWP Documentation and Reporting to be Performed by CWE Task/Deliverable Frequency Description
Scope of Work As-needed (one [1] revision assumed)
We anticipate this has been developed,
while updates will be made periodically if
needed
Quarterly Progress Reports
Four per year (due the 15th of February,
May, August, and November) (four [4]
assumed based on Project schedule)
Key/significant elements summarized below
Breakdown of Expenditures Quarterly Connecting expenditures to the scope of work task
Description of Activities Quarterly Summary of work performed during quarter
Scheduling Concerns/Changes Quarterly Challenges that may impact schedule and implementation
Annual Progress Report
Once per year (due December 31st)
(one [1] assumed based on Project
schedule)
Summary of that year’s quarterly progress
reports
Project Modification Request As-needed (one [1] revision assumed) Documents changes in the Project that
vary from the original application (benefits,
volume capture, etc.) that need to be
reviewed and approved by the WASC

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Creating a Better Tomorrow, Today™ 7
The following assumptions have been made related to this task:
¾ CWE will perform the documentation and reporting summarized above through the design phase ¾ Reporting during construction is not included (additional scope can be provided), as this portion of the Project has not received funding
¾ Construction application is not included (additional scope can be provided upon request), while we assume the City will likely pursue additional SCWP funding for construction
¾ Post-construction monitoring implementation is not included in this scope, while it is required for a minimum of three (3) years following implementation
¾ Project will not be assessed for Envision™ award level based on the Institute for Sustainable Infrastructure (ISI) rating system
¾ City will provide invoices, receipts, and expenditure documentation during design for inclusion in progress reporting (consultant invoices, permitting/other fees, and City staff time/rates) We will submit the documents summarized in the table above to the City for review prior to their due date to the Los Angeles County Flood Control District (LACFCD). We will establish documentation templates early on to support longterm reporting efforts, as this will streamline the process for the City throughout the Project design phase. For example, OneDrive or other file sharing may be established early on for saving invoices and other expense reports that will be required for quarterly reporting. Once templates/standard procedures are developed, they will be shared with the City.

CWE has established a separate reporting login for the SCWP module and a dedicated email ([email protected]). We will work with the City to link our account in the SCWP reporting module, allowing us to prepare the reports for the City’s review prior to them being submitted. Based on the SCWP schedule, the Project will be completed by late 2024, which we have assumed to be the limit for our SCWP reporting support.

Deliverables: Up to one (1) Scope of Work update, up to four (4) Quarterly Progress Reports, up to one (1) Annual Progress Report, and one (1) Project Modification Request in electronic (PDF) format.

Task 2: Surveying
We understand the City has an aerial survey of Lone Hill Park and Gladstone Elementary and that associated AutoCAD files will be provided. We feel aerial surveys are great for conceptual development, while we have found that they can lack specific detail that is pertinent to the successful design of improvements, especially in terms of park grading, as tree cover often skews the elevations included in the survey. We started the design for the Wingate Park Regional WMP Project with an aerial survey and ultimately had to collect field survey data during the design process to refine specific design elements. We have included a topographic survey budget as part of the proposal to avoid delays and future budget/scope modification requests.

CWE will perform a topographic survey of the Project area, which will serve as the base map for the design plans. The survey will include the park area that will be impacted as part of the anticipated Project improvements (in accordance with the preliminary design plans included in the RFP) and extend from right-of-way to right-of-way (as needed) along the diversion pipe proposed on Gladstone Street and Shellman Avenue. The survey will be prepared using United States customary English units in AutoCAD Civil 3D format. We will research County and City record data for centerline, rightof-way, easements, survey control, existing geodetic control, and design network plans. We will establish the horizontal and vertical survey control based on the local Global Positioning System (GPS) network. Existing monuments will be used to establish the centerline of street alignments and tract lot lines. Centerline monuments and ties will be displayed in the topographic survey. Topography will be georeferenced using the North American Datum from 1983 (NAD83), California Zone V for horizontal control and North American Vertical Datum from 1988 (NAVD 88) for vertical control. Storm drain and sewer manholes within the survey area will be dipped to confirm existing elevations.

Deliverables: There are no direct deliverables associated with this task (map will serve as the base map for the design plans). Topographic survey data can be provided upon request.

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Creating a Better Tomorrow, Today™ 8
Task 3: Geotechnical and Infiltration Reports
CWE reviewed the Geotechnical Work Plan and Report prepared as part of the ESGR Feasibility Studies included in the RFP. The recent exploration (2022) included two borings and one infiltration test within the field, while the location of the exploration varies from where the infiltration system is proposed in the preliminary design plans. The infiltration test was also performed at a shallower depth than where the infiltration system is proposed in the preliminary design plans. We feel the existing report provides a great starting point and appears to confirm infiltration feasibility, while additional data will be necessary to support the final design of the infiltration system and diversion pipe. In accordance with GS200.2, Los Angeles County Public Works’ (LACPW’s) Guidelines for Geotechnical Investigation and Reporting for Low Impact Development Stormwater Infiltration, a minimum of two infiltration tests should be performed for each proposed infiltration system at the elevation in which infiltration will occur and a soil characterization boring must extend a minimum of ten feet below the infiltration invert. We also propose borings along the diversion pipe to inform backfill and storm drain construction recommendations.

The CWE Team will perform three additional infiltration tests within the field at the anticipated invert of the system (approximately 25 feet deep) and a soil characterization boring will extend deeper. The infiltration test performed in 2022 was up to 18 feet deep, slightly above where the infiltration invert is anticipated (and in a different location). We will also perform three (2) borings along the diversion pipe to better understand the soil conditions that will be encountered during the diversion pipe installation. The tests for the infiltration system will be spaced around the footprint to better understand changes in soil. Two (2) 5-foot-deep borings will also be performed at the proposed parking lot to allow for pavement section recommendations to be made. The table below summarizes the number and depth of infiltration tests and soil characterization borings.

Project Site No. of Infiltration
Tests
Depth of Infiltration
Tests (feet)
No. of Soil
Characterization
Borings
Depth of Borings
(feet)
Infiltration
system 3 20-25 1 35
Diversion pipe - - 2 25
Parking lot - - 2 5
Test samples will be collected during drilling in general accordance with the appropriate American Society for Testing and Materials (ASTM) methods. Standard Penetration Testing (SPT) and sampling using standard split-spoon or Modified California samplers will be performed at approximately 2.5-foot intervals for the upper 10 feet below ground surface, followed by samples at 5-foot intervals to the maximum depths drilled. Bulk samples will be collected for the upper soils encountered in each boring. Once the samples have been collected and classified in the field, they will be placed in appropriate sample containers for transport to the laboratory. The CWE team assumes that no drilling permits or traffic control plans will be required to perform these field services, except for a permit with the Los Angeles County Department of Public Health (LADPH), and permits will be issued by the City at no cost. Traffic control setup will conform to the Work Area Traffic Control Handbook (WATCH). It is assumed that hot mix asphalt is not required (additional scope/fee can be provided if it is required) and that cuttings can be spread onsite within planter areas.

The samples will be tested in the laboratory to determine physical engineering characteristics. The findings will be summarized in a geotechnical report, which will include subsurface exploration procedures, soil conditions encountered, boring logs, infiltration rates, groundwater levels (if encountered), and recommendations pertaining to drainage, foundations, pavement, and earthwork.

Task 4 mentions performing soil testing to understand soil sustainability for the types of plants proposed and to identify where soil amendments are needed. We included that task here instead, as it will be conducted as part of the geotechnical exploration. A horticulture test will be conducted with soil samples collected to support the proposed parking lot design.

Deliverables: Geotechnical Report in electronic (PDF) format.

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Task 4: Engineering Design and Other Requirements
CWE has reviewed the documents provided by the City with the RFP and we are aware of the planning-related scope of work that was used to develop the feasibility study. We feel it is important to perform an independent review of the documentation developed as part of previous planning efforts to confirm the design approach is beneficial to the City. As demonstrated in our approach above, we will enhance the current design to provide greater benefits to the City without increasing the project cost.

Task 4.1: Hydrologic and Hydraulic Analysis
A hydrologic analysis was performed previously for the Project based on the tributary drainage area (about 320 acres), which is based on a single diversion from the Gladstone Storm Drain (Juanita Avenue storm drain diversion is no longer included as part of the Project). Modeling was performed to determine the recommended sizing for the stormwater capture system, which is based on the 85th percentile storm event. The hydrologic analysis was based on HydroCalc, while that is typically not recommended when a contributing drainage area is greater than 40 acres. We will perform an independent review to identify inconsistencies or inaccuracies. We understand the findings of the past hydrologic analysis were submitted to SCWP to modify the Project definition/scope (as compared to the original application).

CWE will prepare a simple model in the Watershed Modeling System (WMS) software, consistent with Los Angeles County’s approach/methodology. This model will allow us to identify an optimized diversion flow rate in association with the 85th percentile storm event. We will assess opportunities for the diversion system to capture the design storm for bacteria, as indicated in the USGR WMP, for the same implementation cost. This will allow the City to take advantage of the high infiltration rates and reduce pollutant loading. The results of the WMS model will be used to perform infiltration routing calculations, which will serve as the basis for optimizing the Project design.

CWE will perform a detailed hydraulic analysis of the LACFCD-owned storm drain (Gladstone Storm Drain, Project No. 1121) to support permitting and confirm the design will not negatively impact the hydraulics of existing drainage facilities.

We will use Water Surface Pressure Gradient (WSPG) software, in accordance with LACFCD permitting requirements, to model the existing storm drain system on Gladstone Street. The WSPG model will extend a minimum of 1,000 feet upstream and downstream of the proposed diversion. We will request hydrologic and hydraulic data from LACFCD for the Gladstone Storm Drain, Project No. 1121, and compare the hydraulic data provided with the model output. We will design improvements within LACFCD-facilities to minimize impacts to the hydraulic gradeline during the design storm.

The hydraulic analysis will include an assessment of water surface elevations, capacity, freeboard, velocities, and shear forces. We will compare existing and proposed system model results, in which the proposed conditions model will include the proposed diversion system. We will also perform hydraulic analyses to size the diversion pipe included as part of the Project.

We will prepare a Technical Memorandum (TM) to summarize findings from the hydrologic analyses relevant to hydraulic modeling (based on past studies and/or new WMS modeling). The TM will document the methodology, assumptions, and results of the hydraulic analysis in a format acceptable to LACFCD. Model input and output will be included as attachments to the TM. CWE will update the report based on comments received from LACFCD through the permitting process, if required.

Deliverables: Hydrologic and Hydraulic Analysis TM in electronic (PDF) format.

Task 4.2: Water Quality and Capacity Assessment
CWE was part of the oversight committee involved in the Watershed Management Modeling System (WMMS) 2.0 development and review process. We understand its purpose, how to use it, and its WMP history. WMMS 2.0 has also been incorporated into the SCWP online module. WMMS output is commonly coupled with the System for Urban Stormwater Treatment and Analysis Integration (SUSTAIN) to support the design of regional stormwater capture systems.

We understand these platforms have been used during WMP development/updates to identify the capture capacity beneficial to the Project and used to request SCWP funding.

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CWE will utilize WMMS 2.0 and SUSTAIN tools and output to assess the recommended sizing and incorporate sizing modifications as needed. As indicated in the approach above, we understand the current size recommendation will take steps towards metals and bacteria load reductions. CWE will analyze the hydrologic, geotechnical, and configuration data to assess opportunities to increase the total runoff capture within the same implementation cost, bringing the City closer to compliance with metals/bacteria reduction objectives.

CWE will quantify the average annual water conservation volume (volume infiltrated) based on the ultimate design layout, including the diversion and infiltration system details. We will use modeling tools to quantify the expected volume capture, which can be monitored using a flow meter following Project implementation.

Deliverables: Water Quality and Conservation TM in electronic (PDF) format summarizing the final Project sizing and infiltration capacity, along with the quantification approach.

Task 4.3: Utility Research
CWE will conduct a utility search for the Project site to identify existing or planned future utility conflicts within the Project area. We will prepare and distribute Preliminary Utility Search notices to companies that own utilities in the Project area, which we will determine using our proprietary access to DigAlert records. Based on an initial DigAlert search, we identified eight utility owners within the Project area, excluding City-owned utilities. We will work with the City to put utility notices on City-letterhead, which reduces fees associated with obtaining plans from utility owners. CWE will maintain a complete record log of utility contacts and responses and provide a copy of correspondence to the City upon request. We anticipate that through the full utility search, we will locate utilities within the public right-of-way. We assume the City will provide as-builts associated with the park to identify utilities outside the public right-of-way, along with as-builts for City-owned utilities. We will draw utilities based on information collected, which will serve as a base map on the design plans. We assume existing utility base maps used in the preliminary design plans will be provided in AutoCAD format. We will make revisions based on information collected.

CWE will send out First and Final Utility Notices, which include design plans, to utility companies for which there may be conflicts, such that those utility owners are given the opportunity to review and comment on the proposed improvements.

Our goal is to avoid and/or minimize utility conflicts. We are not proposing any right-of-way documentation/research as part of the Project, as we understand the City owns the park; therefore, easements and/or acquisitions are not required.

We have included utility potholing as an optional task, as it would be beneficial along the diversion pipe, while it was not mentioned in the RFP.

Deliverables: Preliminary, First, and Final utility notices with hard copies of the plans (utility log available upon request).

Task 4.4: Plans and Specifications
We will prepare 24-inch by 36-inch construction plans in AutoCAD format using a scale of 1-inch equals 20 feet. The different plan sheet types that are anticipated as part of this Project are identified below. The plan sheets for bidding and construction will be stamped by our experienced Project Manager, Katie Harrel, who is a registered Professional Engineer in the State of California.

The following plan sheets are anticipated as part of this Project. We recommend the selected contractor prepare excavation, shoring, traffic control, and phasing plans, as needed, based on the Project specifications, which we will review as a submittal during construction. We anticipate the complete plan set will include up to 45 sheets. ¾ Title page
¾ General notes and discipline notes
¾ Demolition
¾ Improvement/site plan
¾ Diversion pipe plan and profile
¾ Subsurface infiltration system details
¾ Parking lot plans/striping plans
¾ Construction details
¾ Boring logs
¾ Park improvements
¾ Electrical
¾ Erosion control
¾ Landscape
¾ Irrigation

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The major Project components are identified below with additional information pertaining to the design, some of which are covered under Task 5. Each of the components will be designed with O&M in mind. The system we design will consider ease of maintenance and we will work with the City’s maintenance team to identify any concerns they may foresee. We will also discuss O&M capabilities early on so we can design components that can easily be maintained by the City (if they will be maintaining the system with in-house employees). ¾ Storm drain diversion
• Avoid impacts to existing system hydraulics
• Design diversion structure and pipe based on LACFCD requirements • Avoid existing utilities
• Include sections and details in plans
¾ Pretreatment system
• Identify system to remove trash and debris
• Size system (device and settling area in infiltration system) • Discuss location (may be beneficial for maintenance to locate on the street) • Include details in plans
¾ Valves and flow meters
• Incorporate valves to support operation and maintenance • Place flow meters based on spacing requirements, such that data can be easily collected and reported in the future • Include details in plans (include electrical connections) ¾ Infiltration system
• Sizing will be based on infiltration rate, recommended capture, and available funds • Depths will be based on diversion system (pump will be avoided) • Discuss material options and recommendations with the City (concrete systems are typically recommended for regional capture systems)
• Include grading, sections, and details in plans
¾ Pump station for discharge back into channel (optional – not recommended) • Determine capacity and configuration
• Design controls and electrical communication
• Include sections and details in plans
¾ Parking lot development
• Look at different options for parking configuration based on 20-30 spaces • Incorporate Americans with Disabilities Act (ADA) (and possibly EV charging) spaces in accordance with City preferences and requirements
• Incorporate pervious pavement/pavers and demonstration garden • Detail striping, signage, and paving
¾ Park improvements (additional information included under Task 5) • Work with City to understand preferences related to proposed improvements • Coordinate to confirm improvements will not conflict with stormwater infrastructure • Include layout and detail

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¾ Electrical and controls
• Includes lighting (if needed), valves, and flow meter (assume pump will not be used) • Assume onsite power can be used (optional task for new service) • Design electrical alignment and configuration
• Prepare single-line diagrams
• Include details in plans
• SCADA inclusion is included as an optional task
¾ Erosion control
• Illustrate control measures to prevent pollution during construction • Include details in plans
¾ Landscape and irrigation (included under Task 5)
• Incorporate interpretive signage structure
• Identify landscaping and irrigation at the subsurface infiltration system and parking lot • Include sections and details in plans
The plans will include the City’s title block, which we assume will be provided at the start of the Project. The final design plans will include a professional seal, certificate number, registration classification, and expiration date of Katie Harrel, the licensed Professional Engineer responsible for the preparation of the plans. The final plans will include a signature.

Plans will be submitted at the 75%, 90%, and 100% (final) phases. It is assumed that the alignment and placement of significant features, specifically the stormwater components, will be finalized following the 75% phase. Comments received will be incorporated in the subsequent submittal and a response to comments will be used to document comments received from the City.

CWE will prepare specifications for the Project based on the latest edition of the American Public Works Association (APWA) Greenbook adopted by the City. Special provisions will be used to edit Greenbook sections; however, if necessary, Caltrans standard specifications may be used. We assume the contract documents, such as the notice inviting bidders, instructions to bidders, proposal (bid) pages, and contract pages will be prepared/provided by the City. Special provisions (including technical specifications), along with associated appendices necessary to convey design intent (including geotechnical report, standard plans, etc.) will be provided by the CWE Team. CWE will obtain boilerplate specifications from the City along with the front-end requirements (Part 1 of the Greenbook). The specifications will clearly list the submittals required from the selected construction contractor.

Deliverables: 75%, 90%, and 100% (final) plans in electronic (PDF) format. 100% (final) plans will be submitted in AutoCAD format (compatible with 2017 version) and mylars. Response to comments from the previous submittal phase will be included with subsequent submittal packages. Specifications in electronic (PDF) format for the 75% (table of contents), 90%, and 100% design phases (100% in Microsoft Word format).

Task 4.5: LACFCD Permitting
A Connection Permit from LACFCD will be required for diversion on their storm drain (Gladstone Storm Drain, Project No. 1121). CWE has processed approximately 10 diversion connections with LACFCD in the last few years alone. The connection permit has two parts. One part is the engineering review, and another is coordination regarding the Use and Maintenance Agreement (UMA). These two parts can be completed by the City and CWE during the design phase. The selected contractor will ultimately pull the permit using their contractor’s license and bond information. CWE will submit the connection application with the 75% design plans on the EPIC Los Angeles platform for engineering review. We will link a City representative to the application process, which will allow the City to access comments online.

CWE will prepare an exhibit to accompany the UMA and coordinate with LACFCD. CWE will prepare an O&M Manual in line with LACFCD standards (part of Task 6). The manual will include inspection, operation, and maintenance schedules and procedures specific to LACFCD facilities and will be submitted for review before the UMA is signed off by the City and then LACFCD. A draft UMA will be sent to the City and it will need City Council approval. Once it is signed, it will be routed

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through the Los Angeles County Board of Supervisors for final approval and signature. We assume the City will pay all fees necessary for reviews by LACFCD.

Deliverables: LACFCD application, plans, exhibit, and O&M Manual in electronic (PDF) format.

Task 4.6: Permitting and Coordination with the City of Glendora We understand the Gladstone Storm Drain, Project No. 1121, is located within the City of Glendora along Gladstone Street, where the diversion structure is proposed. We anticipate an encroachment permit will be required for work within the City of Glendora. Typically, the selected Contractor will be required to ultimately pull the permit, while it is important to start discussions with the City early on so that specific requirements can be incorporated into the design. LACFCD will likely need to see proof that the City is working with the City of Glendora before the diversion structure is permitted, as the improvements under the LACFCD permit will be located in the City of Glendora. This task includes up to three (3) virtual coordination meetings with the City of Glendora, including meeting agendas and summaries. This task also includes additional coordination with the City of Glendora to support the encroachment permit process and to gather documentation required for the LACFCD permit. We will also prepare exhibits to illustrate the limits of work specifically within the City of Glendora.

Deliverables: Exact deliverables will be confirmed based on coordination with the City of Glendora. Deliverables are expected to include up to three (3) meeting agendas and summaries, encroachment permit forms, figures illustrating improvements within City of Glendora limits, and support with other agreements/documentation required for the LACFCD permit.

Task 5: Landscape Design and Park Amenities
We understand two areas at Lone Hill Park will be improved with surface/recreational amenities: the northeast area where the subsurface infiltration system will be placed and near the southwest corner where a new parking lot and demonstration garden will be located. Details on our approach to the proposed features/amenities are included in the Understanding and Approach. These areas will utilize native and drought-tolerant landscaping and water efficient/low use irrigation.

Task 5.1: Phase I Conceptual Design
The CWE Team will develop two conceptual alternatives for the surface improvement features (northeast and southwest areas). The alternatives will include layouts related to the parking lot, demonstration garden, playground, and basketball court. The alternatives will depict different siting and configuration options for City consideration. Cost opinions will be prepared for each of the two alternatives, such that the City can compare costs and take them into consideration as a decision is made on how to move forward. If preferred by the City, the alternatives can be taken to an outreach event to solicit public feedback. Following input from the City (and stakeholder as appropriate), the selected alternative will be finalized, which will include additional refinements and definitions for style, color, finishes, surfaces, materials, pavement types, and other design elements. The CWE Team has extensive experience designing a wide variety of parks, including park improvements in association with multi-benefit stormwater capture projects. Most recently, our team completed the design of the Barnes Park Multi-Benefit Stormwater Capture Project in the City of Baldwin Park, which included renovations to most of the park site. Our team developed a rendering video that was shared with the City and community to demonstrate the proposed improvements. The video can be viewed here: https://www.baldwinpark.com/214/Barnes-ParkRegional-Infiltration-Project. We recommend the City take a look at the video to see an example of what you can expect from our team.

Deliverables: Two (2) draft conceptual alternative schematics in electronic (PDF) format and corresponding cost opinions.

The selected draft alternative will be finalized based on City input and will be submitted in electronic (PDF) format.

Task 5.2: Design Development
The selected and finalized alternative (prepared under the previous task) will be advanced through the design development phase. We will take into account comments and input provided by the Parks and Recreation Commission, along with public input (as approved by the City). Additional discussion on the design approach, plans, and specifications is included under Task 5. Component style, color, finishes, surfaces, materials, pavement types, and other design elements will be finalized and detailed in the plans and specifications for surface improvements. Design will include new irrigation systems at the demonstration garden and restoration at the subsurface infiltration and other modified areas. We will work with the City Page 152 – 567 Creating a Better Tomorrow, Today™ 14
to understand preferences related to irrigation equipment, such that it can be incorporated into the design. Cost opinions related to surface improvements are budgeted under this task, while they will follow the same approach and description as Task 9.

Deliverables: 75%, 90%, and 100% plans, specifications, and estimates in electronic (PDF) format. Final (100%) plans will be provided in AutoCAD and mylar formats in accordance with Task 5.

Task 6: Operation and Maintenance (O&M) Program
An O&M Plan will benefit the Project, while it is also required to meet the terms of the SCWP funding and LACFCD Connection Permit. CWE will prepare an O&M Plan based on the final components and expand it to include more specifics pertaining to the stormwater system (underground infrastructure). The plan will include inspection/maintenance frequency and an anticipated schedule of replacement over a 20-year period. This O&M Plan will serve as the basis for the plan submitted to LACFCD, which will focus on the elements that pertain to LACFCD facilities. Attachments for major components will be left blank so that data included in submittals during construction can be inserted into the plan.

This O&M Plan will also meet the SCWP reporting requirements, which require additional information as compared to the LACFCD connection permit O&M Plan. Instead of preparing an O&M Plan after construction, CWE will prepare the plan such that it is clear what documents collected through the construction process (based on our specifications) need to be inserted upon construction completion. We assume the City will insert the required documents into the plan for it to be finalized in a way that meets the SCWP requirements (or we can finalize the plan with additional scope/fee). The anticipated present-value costs for O&M will be incorporated into the plan and broken up by labor and equipment for each significant Project component (focusing on stormwater components).

Deliverables: O&M Plan in electronic (PDF) format.

Task 7: Environmental/CEQA Requirements
CWE will assist the City in the California Environmental Quality Act (CEQA) requirements for Project implementation. The following subtasks will support the CEQA process.

Task 7.1: Environmental Studies
CWE performed an initial assessment to identify which environmental studies will be necessary to support the CEQA process. A cultural resources assessment will be necessary to support the tribal consultation process described below.

Based on our preliminary review of documents available for the area, a paleontological resource assessment will not be necessary, as previously recorded paleontological resources are not anticipated nearby.

AB 52 Consultation Support
Per Assembly Bill 52 (AB 52), Native American consultation is required for any CEQA project that has a Notice of Preparation (NOP), Notice of Negative Declaration (ND), or Mitigated Negative Declaration (MND) filed on or after July 1, 2015. The Lead Agency must notify any Native American Tribes that have requested to be notified regarding projects prior to the release of the environmental document. While this is a government‐to‐government process between the Lead Agencies and Native American Tribe(s) that request consultation (or as identified by the Native American Heritage Commission [NAHC]), the CWE Team is available to assist the Lead Agency (the City) with AB 52 consultation. We assume the City maintains a list of tribes that wish to be contacted (likely with the Planning Department). We will draft consultation letters to tribal contacts for the City to put on their letterhead and sign. We will attend up to two (2) meetings with the City and tribes. We will provide guidance through the process and prepare documentation to be included in the MND.

Cultural Resources
The CWE Team will request a cultural resources records search for the Project area and a ¼-mile radius (study area) from the South Central Coastal Information Center (SCCIC) located at California State University, Fullerton. The objectives of this research will be to establish the status and extent of previous cultural resources studies and surveys in the Project study area and to note what types of resources might be anticipated.

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If no archaeological sites are identified within or adjacent to the Project area, a memorandum summarizing the records search results for the Project (and the records search data itself) will be provided electronically and no additional archaeological work (i.e., field surveys) will be completed. In the event any archaeological resources are identified within the Project area, a pedestrian survey and an expanded-format report may be necessary that would require a contract amendment (budget modification). The fee for this task is based upon anticipated negative findings for archaeological resources and response to one set of minor comments from the City (4 hours or less to address).

Air Quality Technical Evaluation
The air quality analysis will evaluate the potential air quality impacts that may arise from implementation of the Project.

The construction activities at the Project site along with long-term project maintenance are anticipated to result in emissions of air pollutants (such as particulate matter, carbon monoxide, and ozone). The completed park site will also require periodic maintenance once construction is completed. We anticipate periodic emissions to be minimal as the site is a small facility. The air quality analysis will be conducted per procedures and methodologies set by the South Coast Air Quality Management District’s (SCAQMD) CEQA Air Quality Handbook and Air Quality Analysis Handbook.

The air quality impact assessment will evaluate the Project against the most recent air quality management plan for the Air Basin. The estimated construction and maintenance regional emissions for the Project will be quantified using the most recent version of the California Emissions Estimator Model (CalEEMod) for onsite construction emissions and maintenance activities, for use of construction type equipment. The calculation of the Project’s construction emissions will be based on the amount and types of construction equipment that would be employed at the Project Site. CWE will work with the City to capture and present the maximum (worst-case) daily construction emissions in the air quality analysis.

Operational and maintenance emissions will be calculated based on client-provided information as to timing and intensity of maintenance activities, if available. We will project the construction timeline and phasing to inform the analysis. Mobilesource emissions will not be estimated as the park is anticipated to be a neighborhood park. The estimated construction and operational regional emissions for the Project will be quantified and evaluated against SCAQMD thresholds of significance. Mitigation measures to minimize air quality impacts will be incorporated, as necessary. The results will be incorporated into the Air Quality section of the Initial Study (IS)/MND.

Noise and Vibration Technical Evaluation
Implementation of the Project may result in the generation of noise and vibration within the areas surrounding the Project during construction and project operations. Noise and vibration sensitive receptors in the vicinity include the residential uses located around the full Project Site. These land uses may be subject to some level of noise and vibration from Project construction and operation.

To identify the baseline noise conditions, CWE will conduct up to 4 short-term (15-minute) ambient noise level measurements at the Project and at nearby representative sensitive receptors using sound level meters. Ambient noise measurements will be conducted during daytime hours. CWE assumes the Project would not generate nighttime construction and/or operational noise precluding the need to conduct nighttime ambient noise measurements.

Construction noise levels at the nearby noise-sensitive receptors will be estimated using equipment noise levels identified in the Federal Highway Administration’s (FHWA) Roadway Construction Noise Model (RCNM) and based on the type of construction equipment that will potentially be used, the amount of activity that would occur, and the distance that noisesensitive receptors are from the Project Site, which include the residences around the Project area. This scope of work does not include post-construction monitoring. The results will be incorporated into the Noise section of the IS/MND.

Deliverables: AB 52 consultation letters and meeting notes for up to two (2) consultations and Cultural Resources Memorandum (with negative findings) in electronic (PDF) format.

Task 7.2: Mitigated Negative Declaration
CWE will prepare a MND for the Project in accordance with CEQA on behalf of the City. Components of this effort will include completion of required studies (mentioned above), preparation of an MND for LACFCD and public review, review of public comments, preparation of a Mitigation Monitoring and Reporting Program (MMRP), and preparation of a Notice of Determination (NOD). We will review the Preliminary Environmental Impact Report (PEIR) prepared by LACPW covering the WMP projects to determine if information from the PEIR can be referenced.

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The City will be the lead agency as the landowner and operator of the system. The MND will be prepared per CEQA Sections 15063 and 15070. The Project document will be based on the premise that future land use will not be changed from the current condition and that population, traffic, long-term air, or local environmental impacts are not expected to be altered by the Project. The primary changed condition will be a reduction in dry- and wet-weather runoff downstream of the proposed Project site. The presence of endangered or threatened species, or cultural resources are not anticipated due to the developed nature of the current environment in which the Project will be built.

To evaluate the potential impacts, we will take the following steps:
¾ Complete a literature and database review of the project vicinity to determine if there is the potential for the presence of protected species or cultural resources, specifically in compliance with requirements associated with Assembly Bill 52, Native Americans CEQA (included as part of Task 7.1). ¾ Consult with the appropriate resource agencies and entities regarding information they may have regarding protected species or cultural resources.
¾ Complete the Project description to a level of detail that allows for the evaluation of short-term impacts during construction and long-term impacts after Project completion. ¾ Describe the mitigation measures to mitigate short-term impacts during construction, which are anticipated to consist of using Tier III construction equipment, limiting operating hours to standard business hours, complying with the Construction General Permit for stormwater runoff, and other standard construction impact mitigation measures.

Mitigation for long-term impacts is not anticipated.
¾ Submit the Draft MND to LACFCD for review prior to going out for public comment (newer requirement associated with regional stormwater projects, as LACFCD is considered a Responsible Agency). ¾ Complete the NOD for the City to certify the project as an MND.

The MND will be circulated for public review and CWE will respond to comments received before the City Council acts on the MND. CWE will prepare the NOD upon City Council approval for recordation with the City Clerk. We will prepare the original documentation and up to three (3) revisions (two revisions to draft documents and then final documents). We assume the City will pay the fees required to file the MND with the County Clerk.

Deliverables: Draft and Final MND, MMRP, and NOD in electronic (PDF) format.

Task 8: Monitoring Plan
CWE reviewed the existing/preliminary Monitoring Plan developed as part of the SCWP application. The Monitoring Plan will need to be updated for submission to the SCWP prior to the start of construction in alignment with the funding agreement. The existing Monitoring Plan is very preliminary and significant changes will be required to create a comprehensive plan.

CWE has developed and implemented several monitoring plans ranging from site specific plans such as the one for Los Amigos Park in the City of Santa Monica to full Coordinated Integrated Monitoring Program (CIMP) Plans, like the one for the Rio Hondo/San Gabriel River WMP Group. We will prepare a simplistic monitoring plan that meets the SCWP requirements and can be followed for three years following implementation. The Monitoring Plan will identify data collection that will help evaluate the effectiveness of the Project. The Monitoring Plan will include the elements summarized in the table below. We will discuss the monitoring approach with the City during the design phase so that infrastructure to support monitoring can be incorporated into the design, if applicable.

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Plan Element Description
Project description Summary of the Project goals, objectives, and components Quality objectives Objectives associated with priority pollutants targeted by the Project, including metals and bacteria, along with field measurements
Sampling design Description of sampling approach to collect effectiveness data, which could include grab samples and flow meter readings
Sampling procedures Standard grab sampling procedures to be followed in the field Quality control Quality control related to samples (need for field blanks, duplicates, etc.) Data management
verification and
reporting
Description of how data will be managed and reported, consistent with the State Water Resources Control Board (SWRCB) database, California Environmental Data Exchange Network (CEDEN)
Data quality assessment How data will be assessed to confirm it is representative of the Project conditions Data analysis procedures How data will be analyzed to demonstrate Project effectiveness (evaluation of volume and/ or pollutant load captured)
The Monitoring Plan will identify the monitoring frequency and analytical procedures/testing standards. The plan will use a combination of water quality and quantity data to demonstrate Project effectiveness. We will submit the Monitoring Plan to the City and SCWP Team for review. We have assumed up to one (1) revision of the plan. The City will be required to implement the monitoring program for a minimum of three (3) years. It is assumed that a Quality Assurance Project Plan (QAPP) is not required. This task does not include implementation of the monitoring plan (while additional scope and fee can be provided following construction).

Deliverables: Monitoring Plan in electronic (PDF) format.

Task 9: Cost Estimate
An independent opinion of probable cost will be prepared to accompany each of the design plan submittals (75%, 90%, and 100%). We understand a preliminary estimate was prepared previously, while it was several years ago. We feel it is important to prepare an independent opinion to confirm sufficient budget will be available. The contingency will be higher during preliminary stages and decrease as the plans become more detailed. The opinion of probable cost will identify the quantity takeoffs of major Project elements along with anticipated unit costs. The cost opinions will be prepared based on local references, past projects, and the engineer’s best judgment.

Deliverables: Cost opinion in electronic (PDF) format to accompany the 75%, 90%, and 100% submittals identified under Task 4.4.

Task 10: Public Outreach and Education
Public outreach and education are important components of Project implementation. We understand preliminary outreach was performed before the SCWP application was submitted, which included presentations at City Council and Housing Authority meetings. We will work with the City to understand how outreach has been performed for other projects and share various strategies we have used for similar projects to identify the preferred outreach approach. This task includes development of materials/content and attendance at up to two (2) public outreach meetings to help answer technical questions. The table below summarizes our assumptions related to this task.

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Creating a Better Tomorrow, Today™ 18
Outreach Element Assumptions/Description
Develop webpage content
CWE will develop an overview and simplified graphics that the City can use to create a Project webpage. We have done this for several agencies, most notably the City of Baldwin Park for the Barnes Park project, where the City continues to add content as the design progresses and is finalized (https://www.baldwinpark.com/ engineering/barnes-park-stormwater-project).

Prepare fact sheet
CWE will prepare a one-page factsheet that summarizes key Project information, which can be posted on the webpage and distributed at outreach or other events.

The factsheet will identify the proposed improvements, benefits, timelines, and impacts. The factsheet will be translated into various languages based on City input.

We recently prepared a factsheet in English, Spanish, and Vietnamese for the City of Santa Ana. We can also accommodate Chinese translations.

Prepare presentation
CWE will prepare a Project presentation that can be shared with the community (and also posted on the Project webpage). Typically, outreach presentations include background information, benefits, proposed improvements, timelines, and impacts.

We also like to share construction photographs for similar types of features so that the community can visualize the construction phase better. The presentation can be prepared on a City-provided template or we can create specific branding for the Project (to match the factsheet). We assume one draft and one final presentation.

Outreach events
CWE will assist the City in organizing up to two (2) outreach events. We will discuss the preferred format with the City. We feel outreach could be performed as a pop-up event at the park during a busy time or event and/or town hall style meetings. We assume the City will notify the community of the events, while we can help prepare multi-lingual postcards for distribution. We will prepare posters to supplement the factsheet and presentation for these events.

CWE assisted the City of Covina with a pop-up engagement event onsite for the Wingate Park Regional WMP Project. This event allowed us to collect information and inform regular park users, as those will be the people most impacted by Project implementation. Following Wingate Park as an example, we have continued to implement pop-up events, including two for the San Fernando Regional Park Infiltration Project and two at Barnes Park. We bring multi-lingual speakers to the events and are able to talk to people who will be directly impacted by the Project (we have staff that can speak English, Spanish, Chinese, and Vietnamese). We encourage virtual or town hall style meetings as well, while we found that the pop-up event captured a different audience. It is important to identify the outreach event format based on what the team wishes to accomplish/gain through the outreach process. We will work with the City to identify outreach/engagement goals early on so that we can tailor the outreach/engagement approach and activities accordingly. We assume the City will post the provided information on social media to meet the SCWP Transfer Agreement requirements.

Deliverables: Webpage content, factsheet, presentation, postcard invitations, and up to four (4) display posters in electronic (PDF) format. CWE will print factsheets for the two (2) events we attend and produce up to four (4) display boards/posters. Draft and final versions of the deliverables will be prepared based on comments received from the City.

Task 11: Bid Support
CWE will support the City during the bid process by responding to questions on the design plans and specifications by preparing responses that will be included in addenda issued by the City during the bid phase. We understand this may involve minor revisions to the plans and/or specifications, which will be due quickly after receiving the initial inquiry. In accordance with the RFP, bid support will be provided at an hourly rate based on the rates submitted with this proposal (adjusted based on the Consumer Price Index [CPI] and timing of the bid phase).

Deliverables: Requests for Information (RFI)/addenda responses (if needed) in electronic (PDF) format.

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Creating a Better Tomorrow, Today™ 19
Task 12: Construction Engineering Support
Subtasks are included below related to construction engineering support. We understand construction funding has not been secured for this Project at this time, so construction support services will be completed based on our hourly rates, adjusted by CPI. We typically recommend the City approve construction support costs when the construction contract is approved, as this allows us to refine the scope to include what is necessary based on the specifications. We can discuss this option with the City prior to Project award. The table below documents potential scope items related to construction engineering support. CWE is also able to provide construction management services if the City prefers.

Support Element Assumptions/Description
Pre-Construction Meeting
CWE will attend a pre-construction meeting with the City’s team and selected Contractor to discuss the Project, schedule, workflow, and more. We assume the meeting will be led by others, while we will provide technical support and be available to answer Contractor questions.

Respond to RFIs
CWE will respond to RFIs submitted by the Contractor during construction. We can use a City-provided template or our own internal version. We will respond to RFIs quickly (in accordance with the timelines indicated in the specifications).

Submittal Review
CWE will review submittals, including the review of shop and working drawings. We typically review technical submittals related to engineering, while the City or their team typically reviews other items that tend to be more City specific. We will develop a list of anticipated submittals for inclusion in the specifications and respond quickly based on the timeline indicated in the specifications. As with the RFIs, we will use a City-provided template for responses or we can use our own internal template.

Change Order Review
CWE will review change order requests. We will review the reasoning for the change order, unit costs, units, rates, and markups. We will respond quickly using a City or CWE template (based on City preferences).

Construction Meeting
Attendance
CWE can attend in-person (or virtual) construction meetings. We assume the Contractor will lead the meetings and that we are not required to attend all of them (typically weekly). We will attend when there are topics of discussion that require quick coordination and engineer input.

As-Built Preparation
CWE will prepare as-built drawings based on redlines provided by the Contractor following construction. We will update the drawings and submit drawing files electronically to the City.

Deliverables: RFI responses, submittal reviews, and change order reviews in electronic (PDF) format. As-built drawings in electronic (AutoCAD and PDF) format.

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Creating a Better Tomorrow, Today™ 20
Optional Tasks
The following optional tasks have been identified as beneficial, while they were not identified in the RFP. A fee proposal has not been included for these tasks, as we will work with the City to refine the related scope. We are happy to discuss these tasks further with the City.

Optional Task Brief Description
Utility potholing
Potholing can be performed to better understand the depth of utilities within the Project area that will be crossed, specifically along the diversion pipe on Gladstone Street and Shellman Avenue. We can provide a refined scope and fee based on the number and depth of potholes that would be beneficial to the Project. Potholing can also be performed by the Contractor as part of the Project prior to construction (would be incorporated into the specifications), while design adjustments may need to be made during construction to account for utility depths and locations.

Grant funding applications
CWE manages several on-call grant contracts, where we keep up to date on various funding opportunities available. We have assisted our clients in receiving $100’s of millions and we would like to help the City do the same for the Project, as we understand the City has not secured construction funding. CWE can help the City apply for different funding opportunities including opportunities from SCWP, Caltrans, Department of Parks and Recreation, State Water Resources Control Board, Department of Water Resources, and others.

Stormwater Pollution
Prevention Plan (SWPPP)
The Project will disturb over one acre and therefore be required to have a SWPPP.

CWE will write into the specifications that the Contractor is to prepare the SWPPP once selected, while alternatively, we can help prepare the document during the design for the Contractor to update once entering the construction phase. We most recently did this for the San Fernando Regional Park Infiltration Project and Barnes Park MultiBenefit Stormwater Capture Project in Baldwin Park.

New electrical service
We have assumed that the existing electrical connections at the park can be utilized for the electrical stormwater components (flow meter, valve, level sensor, etc.), as they do not require high voltage. Some agencies prefer to have stormwater infrastructure on a different electrical service, such that a different fund within the City can pay the associated electrical costs. If the City wishes to establish a new service, our team can coordinate for that service with Southern California Edison (SCE), as we have on several other projects.

Supervisory Control and
Data Acquisition (SCADA)
Some agencies have established SCADA systems and prefer to have stormwater controls (flow meter, valve, and level sensors) integrated with their SCADA systems.

We have incorporated SCADA requirements into several projects, including the San Fernando Regional Park Infiltration and Culver City Mesmer Low Flow Diversion Projects. If the City wishes to include SCADA connectivity in the design, then we will work with applicable City stakeholders to understand how the existing system works and how they would like the stormwater components to tie in. Associated details and specifications would be incorporated into the contract documents.

Arborist report
CWE can work with an arborist to review onsite trees prior to construction, especially near the infiltration system excavation area. We found as part of the San Fernando Regional Park Infiltration Project that it could be beneficial for an arborist to review the existing trees prior to construction and provide recommendations in terms of preservation. The arborist can also do an appraisal prior to construction, such that damages to the tree can be associated with a cost/credit. This could be beneficial, as it would document tree health prior to construction in case damage or deterioration occurs during the construction phase.

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Creating a Better Tomorrow, Today™ 21
II. ORGANIZATIONAL CHART
Landscape Architecture
Gary Vasquez, RLA (DVD)
Eric Sterling (DVD)
Survey
Dave Farrell, PLS
Katie Harrel, PE, ENV SP, QSD
Project Manager
Technical Resources
Vik Bapna, PE, EN SP, CPSWQ, QSD/P
Quality Assurance/Quality Control
City of San Dimas
Geotechnical
Fred Buhamdan, PE, PMP
Design
Larry Tortuya, PE, ENV SP, CFM QSD/P
Steven Bell, PE, ENV SP, CFM, QSD
Cesar Ramirez, EIT
John Duong, EIT
O&M Program
Bill Young, PE
Environmental/CEQA
Alexa Reasoner, QSP, CESWI
Riordan Goodwin (LSA)
Sarah Rieboldt (LSA)
Bid/Construction Support
Chris Pendroy, ENV SP, CPSWQ, QSD/P
Monitoring Plan
Nan Jia, PE, QSD/P
Public Outreach/Education
Katie Harrel, PE, ENV SP, QSD
Hydrology and Hydraulics
Steven Bell, PE, ENV SP, CFM, QSD
Laneiel Lumido, EIT
SCWP Reporting
Nan Jia, PE, QSD/P
Angelique Silvestre, ENV SP
Electrical
Sevag Avanessian, PE (JCCA)
Utility Documentation/Research
Angelique Silvestre, ENV SP
Jason Pereira, PE, CPSWQ, QSD/P, QISP
Principal-in-Charge
Firm’s Authorized Contract Negotiator
Key Personnel Availability
Key Personnel Workload Availability
Jason Pereira 55% 45%
Katie Harrel 60% 40%
Vik Bapna 60% 40%
William “Bill” Young 60% 40%
Steven Bell 65% 35%
Larry Tortuya 50% 50%
Nan Jia 70% 30%
Alexa Reasoner 65% 35%
Chris Pendroy 50% 50%
Angelique Silvestre 60% 40%
Dave Farrell 40% 60%
Gary Vasquez 65% 35%
Sevag Avanessian 70% 30%
Fred Buhamdan 75% 25%
Riordan Goodwin 70% 30%
Organizational Chart
This organization chart illustrates
the chain of command between the
City, CWE’s Project Manager, our
staff, and subconsultants responsible
for providing technical services.

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BLANK PAGE
Creating a Better Tomorrow, Today™ 22
Task Name Duration Start Finish
Task 1: Project Administration and Coordination 218 days Mon 7/1/24 Wed 4/30/25 Task 1.1: Project Meetings and Coordination 218 days Mon 7/1/24 Wed 4/30/25 Kickoff Meeting 1 day Mon 7/1/24 Mon 7/1/24
Monthly Meetings 193 days Mon 8/5/24 Wed 4/30/25
Other Coordination and Meetings 217 days Tue 7/2/24 Wed 4/30/25 Task 1.2: Stakeholder and Community Outreach and Engagement Plan 21 days Tue 7/2/24 Tue 7/30/24 Task 1.3: Safe, Clean Water Program Reporting 217 days Tue 7/2/24 Wed 4/30/25 Task 2: Surveying 26 days Tue 7/2/24 Tue 8/6/24
Task 3: Geotechnical and Infiltration Reports 31 days Tue 7/2/24 Tue 8/13/24 Task 4: Engineering Design and Other Requirements 217 days Tue 7/2/24 Wed 4/30/25 Task 4.1: Hydrologic and Hydraulic Analysis 81 days Wed 8/14/24 Wed 12/4/24 Task 4.2: Water Quality and Capacity Analysis 75 days Thu 11/21/24 Wed 3/5/25 Task 4.3: Utility Research 217 days Tue 7/2/24 Wed 4/30/25 Task 4.4: Plans and Specifications 175 days Thu 8/29/24 Wed 4/30/25 75% Plans and Specifications 60 days Thu 8/29/24 Wed 11/20/24 City Review 10 days Thu 11/21/24 Wed 12/4/24
90% Plans and Specifications 60 days Thu 12/5/24 Wed 2/26/25 City Review 10 days Thu 2/27/25 Wed 3/12/25
100% Plans and Specifications 35 days Thu 3/13/25 Wed 4/30/25 Task 4.5: LACFCD Permitting 175 days Thu 8/29/24 Wed 4/30/25 Engineering Submittal 60 days Thu 8/29/24 Wed 11/20/24
LACFCD Review and Coordination 115 days Thu 11/21/24 Wed 4/30/25 Task 4.6: Permitting and Coordination with the City of Glendora 115 days Thu 11/21/24 Wed 4/30/25 Task 5: Landscape Design and Park Amenities 217 days Tue 7/2/24 Wed 4/30/25 Task 5.1: Phase I Conceptual Design 42 days Tue 7/2/24 Wed 8/28/24 Draft Conceptual Alternatives 21 days Tue 7/2/24 Tue 7/30/24 City/Stakeholder Review 10 days Wed 7/31/24 Tue 8/13/24 Final Conceptual Alternative 11 days Wed 8/14/24 Wed 8/28/24 Task 5.2: Phase II Design Development 175 days Thu 8/29/24 Wed 4/30/25 75% Plans and Specifications 60 days Thu 8/29/24 Wed 11/20/24 90% Plans and Specifications 60 days Thu 12/5/24 Wed 2/26/25 100% Plans and Specifications 35 days Thu 3/13/25 Wed 4/30/25 Task 6: Operation and Maintenance (O&M) Program 75 days Thu 11/21/24 Wed 3/5/25 Task 7: Environmental/CEQA Requirements 164 days Tue 7/2/24 Fri 2/14/25 Task 7.1: Environmental Studies 67 days Tue 7/2/24 Wed 10/2/24 Task 7.2: Mitigated Negative Declaration 97 days Thu 10/3/24 Fri 2/14/25 Draft MND 23 days Thu 10/3/24 Mon 11/4/24
City Review 10 days Tue 11/5/24 Mon 11/18/24
MND Revisions 20 days Tue 11/19/24 Mon 12/16/24
MND Public Review 24 days Tue 12/17/24 Fri 1/17/25
Response to Comments 15 days Mon 1/20/25 Fri 2/7/25
Finalize MND and MMRP 20 days Mon 1/20/25 Fri 2/14/25
Task 8: Monitoring Plan 107 days Thu 11/21/24 Fri 4/18/25 Task 9: Cost Estimate 175 days Thu 8/29/24 Wed 4/30/25
75% Cost Estimate 60 days Thu 8/29/24 Wed 11/20/24
90% Cost Estimate 60 days Thu 12/5/24 Wed 2/26/25
100% Cost Estimate 35 days Thu 3/13/25 Wed 4/30/25
Task 10: Public Outreach and Education 196 days Wed 7/31/24 Wed 4/30/25 Task 11: Bid Support 40 days Wed 5/7/25 Tue 7/1/25
Task 12: Construction Engineering Support 315 days Wed 7/2/25 Tue 9/15/26 Mon 7/1
Tue 7/30
Wed 4/30
Tue 8/13
Wed 12/4
Wed 3/5
Wed 11/20
Wed 2/26
Wed 4/30
Wed 11/20
Tue 7/30
Wed 8/28
Wed 11/20
Wed 2/26
Wed 4/30
Wed 3/5
Wed 10/2
Mon 11/4
Mon 12/16
Fri 2/14
Fri 4/18
Wed 11/20
Wed 2/26
Wed 4/30
Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Qtr 3, 2024 Qtr 4, 2024 Qtr 1, 2025 Qtr 2, 2025
Task Kickoff Meeting Deliverable Summary Review Meetings Notice to Proceed City of San Dimas
Lone Hill Park Regional WMP Project
1 D
D
III. PROJECT SCHEDULE AND DEADLINES

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Creating a Better Tomorrow, Today™ 23
IV. FIRM QUALIFICATIONS
Since 2006, CWE’s trusted and distinguished civil infrastructure, water resources, and environmental engineering services have enhanced the quality of life of our esteemed communities. We are privileged to have served over 350 public municipalities, utility companies, private businesses, and federal agencies who have benefitted from our promise of Creating a Better Tomorrow, Today™. Our award-winning industry leaders actively work to cultivate the engineering protégés and environmental stewards of tomorrow. We work tirelessly to bring the mastery, creativity, and commitment necessary to deliver forwardthinking results to enhance the communities we live, work, and play in, leaving them better for the next generation. This is the CWE standard.

Our firm is widely recognized as an industry leader in the field of infiltration system design and installation. We have planned and designed more award-winning regional Best Management Practice (BMP) infiltration projects than any other firm in Southern California.

In total, 10 of our BMP projects have been honored with 20 awards from the American Society of Civil Engineers (ASCE), California Stormwater Quality Association (CASQA), Engineering News-Record (ENR), National Association of Flood and Stormwater Management Agencies (NAFSMA), American Public Works Association (APWA), United States Environmental Protection Agency (USEPA), and Storm Water Solutions magazine. Our recognition for past design work illustrates our track record of pioneering stormwater capture projects and demonstrates why CWE is the best choice to deliver innovative designs that will meet your goals while providing multiple benefits to you and your stakeholders.

We will achieve similar success with your Project because CWE is synonymous with innovation, as proven by the design of the San Fernando Regional Park Infiltration Design project. This infiltration system serves a drainage are of greater than 950 acres and recharges local groundwater sources with 446 acre-feet of runoff annually. CWE recommended upsizing the system and doubling the capture area (originally 400 acres).

This recommendation maximized the water quality benefits of the system while remaining in compliance with the grant terms. Our firm is capable of applying our outside-the-box thinking and achieving real world results. Our engineers accomplished this while also considering the impact this may have on the project’s vital grant funds. We will use our same innovative thinking to maximize the benefits of your Project, whether that is the infiltration system or the park amenities your visitors rely on.

Why CWE?
WMP Experts: Since the implementation of the 2012 MS4 Permit, CWE has assisted in the development of seven WMPs throughout Los Angeles County. Our understanding of the origin, intent, and progression of WMP-identified projects will carry those goals into your Project’s final design, while achieving your Project’s originally desired outcome.

From MS4 Permit implementation to WMP development to regional project design and construction management, this sets us up to be an ideal project partner.

Funding Experts: CWE has designed the most SCWP funded infrastructure projects. This gives us in-depth knowledge of the funding program and its requirements. CWE has prepared over 15 SCWP applications and is working on the implementation of 18 projects that received funding during the first four (4) rounds. In the last five years, we have assisted our clients in obtaining $118 million to fund various types of projects. CWE currently has a contract worth $100,000,000 with the LACPW to provide on-call SCWP assistance. We are experts in complying with SCWP requirements to ensure your project continues to receive these valuable funds. We will assist the City in meeting outreach, monitoring, O&M, and reporting requirements, streamlining the implementation process.

Budget Friendly: While we cannot put a price on environmental enhancement, we understand firsthand the importance of operating within a strict budget. CWE is well-known in the civil engineering world for our ability to design multi-use regional BMP infiltration projects while preserving financial resources. We understand that when grant funds are involved, our engineer’s estimate needs to be precise. This helps to avoid over-budget construction bid issues which may result in insufficient funds to complete the project. 2024

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Creating a Better Tomorrow, Today™ 24

SUBCONSULTANT INFORMATION
J.C. Chang & Associates (JCCA) will provide electrical service request services. JCCA has significant experience in a wide variety of projects for governmental and commercial clients in the architectural, mechanical, electrical, plumbing, civil, and structural engineering fields.

They have design capability in a variety of projects including HVAC, lighting, building controls, hospitals, labs, office buildings, space planning, and office/lab relocations. JCCA has worked with us on a variety of projects, including the Santa Ana King Street Urban Greening Project, Santa Ana On-Call Stormwater Project Design Services, and Beverly Hills Robertson Boulevard Sidewalk Improvements.

LSA will provide environmental services. Preparation and review of CEQA and National Environmental Policy Act (NEPA) documents has been a core service at LSA since their founding in June 1976. For over 40 years, LSA has expanded its services to include virtually all environmental planning and permitting services, making the firm a “one-stop” choice for CEQA and NEPA documentation. LSA has assisted CWE on many of our successful projects throughout the years. A few of these projects include LACPW Bassett Channel Flood Control Facility Improvements, Carlsbad El Camino Real Channel Restoration, and Torrance Beach Cities Green Streets.

David Volz Design (DVD) will provide landscape architecture services. DVD develops landscapes, parks, sports fields, and streetscapes to meet the specific needs of their communities. They design special environments for those who seek recreation in a beautiful setting: wonderful natural environments for those who are simply looking for respite, and for those who pursue recreation and competitive athletic endeavors on the playing field. Their firm capitalizes on what the site and nature has to offer. CWE teamed with DVD during the design phase of Baldwin Park’s Barnes Park Multi-Benefit Stormwater project. Additionally, CWE is currently teaming with DVD on Covina’s Hollenbeck Park Urban Greening project.

Terracon will provide geotechnical services. Terracon is one of the nation’s leading providers of geotechnical services. When we team with Terracon, our clients have access to one of the nation’s largest owned and operated fleets of geotechnical exploration equipment along with a network of over 140 laboratories. CWE has partnered with Terracon on many of our successful projects, including the Temecula Flood Control Channel Reconstruction and Repair, Bell Gardens John Anson Ford Park Infiltration Cistern, and 11 task orders under the Santa Ana On-Call Stormwater Design Services.

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Creating a Better Tomorrow, Today™ 25
IV. FIRM QUALIFICATIONS
City of Covina Wingate Park Regional WMP Project
Regional Park Infiltration Design/Construction Management City of San Fernando Project Relevance
Project Relevance
• Utility Documentation/Research
• Subsurface infiltration system
• PS&E preparation
• Park improvements
• O&M manual development
• Utility documentation/research
• Environmental studies/CEQA
• Subsurface infiltration system
• PS&E preparation
• O&M manual development
CWE provided design services for the City of San Fernando Regional Park to install an underground manufactured infiltration system. The infiltration system was constructed underneath the existing park. CWE also replaced the baseball field and irrigation system once the system was in place. Six different alternatives were developed and evaluated to maximize benefits while reducing capital cost and ongoing life cycle cost. The infiltration system serves a drainage area greater than 950 acres and recharges groundwater sources with 446 acre-feet of runoff annually. CWE recommended upsizing the system and doubling the capture area (originally 400 acres) to maximize water quality benefits while remaining compliant with Proposition 1 grant terms. The system has a single storm capture capacity greater than 24 acre-feet.

Tasks on this project included: utility and community coordination; developing a preliminary design report emphasizing a gravity system as the best alternative to meet City needs; performing environmental studies that meet CEQA requirements; obtaining LACFCD permits; providing topographical surveys; conducting a geotechnical investigation; developing a plan for landscape and irrigation improvements; preparing a hydrologic and hydraulic study; providing potholing services; preparing Plans, Specifications, and Estimates (PS&Es); preparing an O&M manual for proposed structural stormwater BMPs, pretreatment devices, and stormwater infiltration system; and providing bid and construction support.

Reference: Kenneth Jones, Management Analyst, [email protected], (818) 898-1240, 117 Macneil Street, San Fernando, California 91340 CWE led the design of a subsurface infiltration system and aboveground park enhancements at Wingate Park. This project was included in the USGR WMP.

The system will capture, treat, and infiltrate stormwater runoff generated from a drainage area of approximately 1,100 acres. Stormwater runoff will come from areas with various land uses within the cities of Covina, Glendora, and San Dimas, as well the surrounding unincorporated Los Angeles County. The infiltration system will be located under an open playing field and parking lot on the eastern portion of Wingate Park. A diversion structure on Charter Oak Wash will divert runoff into a pre-treatment device before being gravity-fed into the subsurface infiltration system.

Once stormwater fills the chamber, an actuated valve will close, and stormwater will continue to flow into the Charter Oak Wash located on the southern portion of Wingate Park. Our innovative design will maximize the efficiency of the project through the implementation of 200 “wells” beneath the infiltration system. The wells will convey flows into the soils with greater infiltration capacity. Our design allows for a single storm capacity of over 25 acre-feet.

Reference: Michael Flores Jr, Senior Management Analyst, [email protected], (626) 384-5482, 125 East College Street, Covina, California, 91723
Duration: April 2018 - February 2024
Duration: October 2020 - November 2022

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Creating a Better Tomorrow, Today™ 26
Project Relevance
City of Baldwin Park Barnes Park Multi-Benefit Stormwater Capture The City of Baldwin Park retained CWE to provide engineering services for the design of Barnes Park Multi-Benefit Stormwater Capture Project (Barnes Park Project). The project is designed to capture, treat, and infiltrate approximately 440 acres of stormwater from various land uses within the City (i.e., mainly Single-Family Residential, Multi-Family Residential, and Commercial). CWE coordinated with the City’s landscape architect to incorporate landscape and park enhancements to the grading plans. Engineering services included, but are not limited to, final design of a stormwater infiltration facility and aboveground grading, specifications, and cost estimates for construction, operations and maintenance, and post-construction monitoring of the Barnes Park Project.

The facility will be located under existing landscape on the southern portion of Barnes Park. A diversion structure on the existing 81-inch diameter LACFCD Storm Drain (BI 9705) will divert stormwater from Bess Avenue into a pretreatment device before being gravity fed into an underground infiltration gallery facility (BMP). Once stormwater fills the chamber, an actuated valve will close and take the system offline to prevent surcharge. The system will treat, capture, and infiltrate approximately 10 acre-feet of wet- and dry-weather flows, which is just shy of the stormwater runoff volume of the 85th percentile design storm. This project was included in the USGR WMP prepared in June 2015 (revised January 2016).

Reference: David Lopez, Associate Engineer, [email protected], (626) 960-4011, Ext. 458, 14403 E. Pacific Avenue Baldwin Park, California 91706
• Subsurface infiltration system
• PS&E preparation
• Park improvements
• O&M manual development
Multi-Benefit and BMP Experience: In the realm of multi-benefit and BMP projects, CWE stands out as the leader with a vast portfolio of underground infiltration and green street designs, surpassing all other firms in Southern California.

We have a track record of successfully designing over 200 structural and nonstructural BMP projects across Los Angeles County and Southern California. By choosing our firm, you gain access to a seasoned team that comprehensively understands how to approach and overcome the unique challenges associated with this type of design work.

Below you will find a partial list of our completed and ongoing projects:
¾ Bell Gardens John Anson Ford Park Infiltration Cistern ¾ Santa Monica Los Amigos Park Stormwater Harvesting Direct Use Demonstration ¾ Beverly Hills Burton Way Median Green Street
¾ Los Angeles Garvanza Park Rainwater Capture and Use
¾ Los Angeles Laurel Canyon Boulevard Groundwater Recharge ¾ Torrance Walnut Stormwater Capture and Groundwater Replenishment Basin ¾ Los Angeles County Metropolitan Transportation Authority Division 4 Permeable Concrete Pavement Pilot Project ¾ Claremont Foothill Boulevard Master Plan Implementation ¾ El Monte Garvey Avenue Grade Separation Drainage and Landscape Improvement ¾ Torrance Beach Cities Green Streets
¾ Culver City Citywide Bioretention Basin
¾ Santa Ana King Street Urban Greening Project
Duration: May 2021 - August 2023

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Creating a Better Tomorrow, Today™ 27
V. OBJECTIONS TO PROFESSIONAL SERVICES AGREEMENT
CWE has no objections to the City’s Professional Services Agreement.

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Creating a Better Tomorrow, Today™

APPENDIX A
Appendix A: Resumes

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RESUMES
Creating a Better Tomorrow, Today™
City of Beverly Hills Burton Way Median Green Street Principal-in-Charge for a feasibility study and the design of bioswales and green street improvements to capture and retain urban runoff on the Burton Way median in the City of Beverly Hills. These improvements assist the City in complying with the Ballona Creek Watershed WMP and the Ballona Creek Metals TMDL.

City of Visalia East Side Regional Park Basins G and F Design Principal-in-Charge and Permitting Lead for the construction of two new groundwater recharge basins as part of the development of the East Side Regional Park project in the City of Visalia. The project is part of a 200+-acre master planned regional park complex that will feature seven recharge basins when fully implemented.

City of Los Angeles Bureau of Sanitation TMDL Specialized and Expert Services Principal-in-Charge for providing TMDL Specialized and Expert Services to the City of Los Angeles’ Bureau of Sanitation.

Relevant Experience
Jason Pereira is a founding Principal of CWE and boasts an impressive 27-year career dedicated to the development and implementation of stormwater management programs. His expertise lies in ensuring compliance with NPDES Permit requirements. Jason is responsible for the leadership and strategic growth of CWE and executing its pledge of Creating a Better Tomorrow, Today™.

He has spent his career helping to develop and deliver some of the nation’s most notable multibeneficial water infrastructure projects, including the Stormwater Basins and Treatment Wetlands Enhancement project in Torrance and the Los Amigos Park Stormwater Harvesting and Direct Use project in Santa Monica. He works diligently on projects to obtain tangible, cost-effective improvements in waterways and urban runoff water quality through proactive initiatives in regulatory compliance and sound design alternatives.

Jason Pereira, PE, CPSWQ, QSD/P, QISP, CGP/IGP-ToR Principal-in-Charge BS, Civil Engineering,
University of California,
Los Angeles
Licenses
City of Baldwin Park Barnes Park Multi-Benefit Stormwater Capture Design Project Manager for a project that, once constructed, will capture, treat, and infiltrate approximately 440 acres of stormwater from various land uses within the City (mainly single-family residential, multi-family residential, and commercial).

City of Covina Wingate Park Regional WMP Project Project Manager for the design of a subsurface infiltration system and aboveground park enhancements at Wingate Park as identified in the Upper San Gabriel River WMP. The project is designed to capture, treat, and infiltrate stormwater runoff generated from a drainage area of approximately 1,100 acres, which includes various land uses within the cities of Covina, Glendora, and San Dimas, as well the surrounding unincorporated Los Angeles County.

City of San Fernando Regional Park Infiltration Assistant Project Manager for design services for the San Fernando Regional Park, which consisted of installing an underground manufactured infiltration system, and removing/replacing the existing baseball field and irrigation system. The infiltration system serves a drainage area greater than 950-acres and recharge groundwater sources with approximately 446 acre-feet of stormwater annually.

MS, Civil Engineering, California State
University, Long Beach
BS, Civil Engineering, California State
University, Long Beach
Katie Harrel is a talented engineer with 11 years of experience in the management, feasibility assessment, and design of award-winning BMP projects. She effectively coordinates with clients, permittees, subconsultants, and project staff to ensure project completion on strict budgets and deadlines. Her duties have included developing master planning concepts, designing urban runoff treatment and control facilities, preparing pollution prevention assessments and reports, performing stormwater compliance inspections, conducting hydrology and hydraulic studies, modeling hydrology and hydraulic conditions, conducting utility research, and obtaining required permitting, amongst others. She has extensive experience coordinating with project staff to ensure project completion.

Civil Engineer, CA, 85752
Envision™ Sustainability Professional
Credential, 23336
Qualified SWPPP Developer, C85752
Licenses
Education
Relevant Experience
Project Manager Katie Harrel, PE, ENV SP, QSD
Civil Engineer, CA, 61509
Certified Professional in Storm
Water Quality, 527
Qualified SWPPP Developer/
Practitioner, 21
Qualified Industrial Stormwater
Practitioner, 090
Industrial General Permit Trainer of
Record, 090
Construction General Permit Trainer
of Record
Education

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RESUMES
Creating a Better Tomorrow, Today™
Relevant Experience
Vik Bapna, PE, ENV SP, CPSWQ, QSD/P QA/QC Manager
City of San Fernando Regional Park Infiltration Project Project Manager for design services. The project consisted of installing an underground manufactured infiltration system, and removing/replacing the existing baseball field and irrigation system. The infiltration system serves a drainage area greater than 950-acres and recharge groundwater sources with approximately 446 acre-feet of stormwater annually.

City of Bell Gardens John Anson Ford Park Infiltration Cistern Principal-in-Charge and Permitting Lead for developing design PS&Es for this urban runoff capture project. The project captures dry-weather and storm runoff from a highly industrialized urban catchment area of 2,295 acres.

City of Torrance Stormwater Capture and Groundwater Replenishment Basin Project Manager that led the design of this stormwater capture project that will divert water from a LACFCD storm drain back into the existing Walnut Basin in the City of Torrance. This project is one of three approved by the Regional Water Quality Control Board (RWQCB) as part of the City’s Machado Lake WMP. The project will improve the storm drain system capacity and increase local water supplies, amongst other benefits.

Vik Bapna is an award-winning civil engineer with 33 years of experience in the planning, design, and construction of more than $1 billion worth of civil engineering projects, ranging from single-lot developments to regional stormwater BMP projects with multiple stakeholders. His experience includes developing multi-benefit water quality enhancement projects, developing multiuse projects to infiltrate urban and stormwater runoff, designing structural treatment control BMPs, and developing project concepts. Vik was responsible for developing the first urban watershed plan that addressed flood protection, water quality enhancements, creation of open space and recreational opportunities, and habitat enhancements.

BS, Civil Engineering, New Jersey
Institute of Technology
Civil Engineer, CA, 52060
Envision™ Sustainability Professional,
18196
Certified Professional in Storm Water
Quality, 543
Qualified SWPPP Developer/
Practitioner, 368
Licenses
Education
MS, Civil Engineering,
University of Oklahoma
BS, Civil Engineering,
University of Oklahoma
City of Rancho Palos Verdes Storm Drain Point Repair Senior Engineer providing drafting and hydrology and hydraulics for the City of Rancho Palos Verdes Storm Drain Point Repair project. The project involved the replacement or repair design for over 1,500 feet of storm drains in 11 different locations.

City of El Monte Garvey Avenue Grade Separation Drainage Improvement Design Lead providing design services that will improve drainage infrastructure in the City of El Monte by identifying and delineating tributary areas that contribute stormwater flow to the Garvey Avenue underpass.

City of Claremont Foothill Boulevard Master Plan Implementation Senior Engineer providing hydrology and hydraulic analyses, and designing storm drains, bioswales, and water quality systems and structures to meet water quality requirements. The project included the design and engineering of all improvements contained in the Foothill Boulevard Master Plan, which includes infill sidewalks, bioswales, stormwater percolation devices, and a 1,000-foot-long section of new storm drain.

Steven Bell is a professional civil engineer with a specialization in water resource engineering. He has 18 years of professional experience performing hydrologic and hydraulic analyses, flood mapping, and drainage reports. He has also developed his own stormwater modeling and basin routing tools using mass balance and spreadsheet models to better inform clients about the movement of water through their basins and drains. This versatility in modeling software has been a valuable asset in calculating flows for storm drains; designing diversion systems, green streets, medians, and parks with multi-benefit enhancements; and improving catch basins, curbs, gutters.

Hydrology and Hydraulics Lead Steven Bell, PE, ENV SP, CFM, QSD Civil Engineer, CA, 81531
Envision™ Sustainability Professional
Credential, 30283
Certified Floodplain Manager,
US-19-11240
Qualified SWPPP Developer, C81531
Licenses
Education
Relevant Experience

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San Dimas City CouncilJune 11, 2024

San Dimas City Council
June 11, 2024