Agenda packet — San Marino City Council, January 12, 2022 (part 5 of 7)

and selection of SCG based on SCG’s proposal and not SDI Presence LLC, as the company did not submit a formal RFP to be evaluated.

The IT management service plays a pivotal role in the daily operations of our organization. Due to the possible changes that might occur to SCG as the company gets integrated into a larger organization, staff felt holding off on the agreement was a prudent decision. IT management services integration is a comprehensive and extensive process, integrating system software, network security and staff training, and staff felt the original RFP submitted by SCG was no longer valid.

Staff at this time is recommending the City Council extend the IT management services contract with Intelesys One for one year. Intelesys One has provided reliable IT services to the City the past three plus years and is acclimated to the City’s IT infrastructure. During the RFP review, members of the review committee ranked Intelesys either second or third. Extending the contract will provide reliable IT services to the City while staff issues a new RFP in the second half of the year. The extension of the contract also includes six fixed hours per week of an IT engineer onsite to provide assistance with necessary day-to-day IT requests.

FISCAL IMPACT & PROCUREMENT REVIEW
The total costs for the entire one-year contract with Intelesys for IT Management Services is $183,744, which includes annual security software, cloud backup storage, security training for employees, as well as on-going email security. The cost is approximately 13% higher than the expired contract, due to inflation and a one-year contract compared to a multi-year contract. The Adopted Budget for FY 2021-22 includes a sufficient appropriation for this proposed contract and no additional appropriations are requested at this time.

This contract is in accordance with S.M.C.C. 02.06.05.B.2 as the best interests of the City are served by dispensing with competitive bidding for this agreement, allowing staff the time to go out for another RFP process during the second half of the year.

LEGAL REVIEW
The City Attorney reviewed the staff report and proposed agreement and has approved it to legal form.

RECOMMENDATION
Staff recommends that the City Council authorize and direct the City Manager to execute a contract extension with Intelesys for the City’s IT management services for one year. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to authorize the City Manager to execute the extension of the professional services agreement with Intelesys for the City’s IT Management Services for one year.”

Page 634 of 962 ends

ATTACHMENTS

1. IT Management Services Request for Proposal

2. Professional Services Agreement

3. Intelesys Managed Information Technology Services Quote

Page 635 of 962 ends

THIS PAGE LEFT BLANK INTENTIONALLY

Page 636 of 962 ends

DATE: September 27, 2021
TO: IT Firms Interested in Responding to a Request for Proposals FROM: Paul Chung, Finance Director
SUBJECT: Notification of Interest
The City of San Marino is soliciting proposals from experienced and qualified firms to provide the City with information technology management services in the area of network analysis and technical support (Non-Public Safety & Public Safety which includes Police and Fire departments), systems support, computer operations support, PC desktop technical support, software integration support, Help Desk support, project manager for software implementation, and I.T. policy and procedure development.

Enclosed for your consideration is a Request for Proposal(RFP).

To be considered for this engagement, your firm must meet the qualifications and satisfy the requirements set forth in the RFP. Completed proposals must be received by 5:00 pm on October 21, 2021, and must be submitted to:

Paul Chung
Finance Director
City of San Marino
2200 Huntington Drive
San Marino, CA 91108
[email protected]
All questions and correspondence should be directed to me at the above address or by e-mail at [email protected]. All questions submitted by 5:00 pm on October 14, 2021, will be answered in writing, and copies will be sent or e-mailed to all firms responding with a Notification of Interest.

Page 637 of 962 ends

REQUEST FOR PROPOSALS
The Finance Department is requesting Proposals
for:

Information Technology Management Services
RELEASE DATE: September 27, 2021
INQUIRY DEADLINE: 5PM, October 14, 2021
RESPONSE DUE: 5PM, October 21, 2021

Page 638 of 962 ends

CITY OF SAN MARINO REQUEST FOR PROPOSALS
I. INTRODUCTION
A. General Information
The City of San Marino is soliciting proposals from experienced and qualified firms to provide the City with information technology management services in the area of network analysis and technical support (Non-Public Safety & Public Safety which includes Police and Fire departments), systems support, computer operations support, PC desktop technical support, software integration support, Help Desk support, project manager for software implementation, and I.T. policy and procedure development.

There is no expressed or implied obligation for the City of San Marino to reimburse responding firms for any expenses incurred in preparing proposals in response to this request.

Any inquiries concerning the request for proposals should be addressed to Paul Chung, Finance Director.

To be considered, electronic copies of a proposal must be received by Paul Chung by 5:00 pm on October 21, 2021. In lieu of physical copies, electronic copies will be accepted to [email protected]; however, the file must be in PDF format and errors in electronic transmission will not be accepted as a reason for late submission. The City of San Marino reserves the right to reject any or all proposals submitted. Proposals submitted will be evaluated by a Committee consisting of Finance Director, Accounting Manager/Controller, Chief of Police and Fire Division Chief, and IT Manager.

During the evaluation process, the Committee and the City of San Marino reserve the right, where it may serve the City of San Marino’s best interest, to request additional information or clarifications from proposers, or to allow corrections of errors or omissions. Firms selected as finalists may be requested to make oral presentations as part of the evaluation process.

The City of San Marino reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is

Page 639 of 962 ends

selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposals as well as acceptance of the terms of the City’s Standard Professional Services Agreement, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of San Marino and the firm selected.

It is anticipated the selection of the firm will be completed and approved by City Council on November 10, 2021.

B. Term of Engagement
A three-year contract is contemplated, subject to the annual review and recommendation of the Committee, the satisfactory negotiation of terms (including a price acceptable to both the City of San Marino and the selected firm), the concurrence of the City Council, and the annual availability of an appropriation.

II. DESCRIPTION OF THE GOVERNMENT
A. Name of Contact Person
The principal contact with the City of San Marino will be Paul Chung, Finance Director, who will coordinate the RFP process.

B. Background Information
The City of San Marino is located in San Gabriel Valley and is home to approximately 14,000 residents. The City is known for uniquely residential - singlefamily homes on large lots surrounded by beautiful gardens, with wide streets and well-maintained parkways. The City is also the home of The Huntington Library, Art Museum, and Botanical Garden.

The City operations are managed by the City Manager. The City Manager manages a staff of six department leaders and their respective staffs of approximately 103 fulltime and 29 part-time employees located in five facilities across San Marino. The City comprises of 8 departments: City Manager’s Office, Finance, Human Resources, Community Development, Parks & Public Works, Police, Fire, Community Services (Recreation and Library divisions). The following are the addresses to the facilities:
• City Hall (City Manager’s Office, Finance, Human Resources, Community Development, Police, Fire, and Parks & Public Works) - 2200 Huntington Drive, San Marino, CA 91108
• Community Services (Crowell Library) - 1890 Huntington Drive, San Marino, CA 91108
• Community Services (Recreation) - 1560 Pasqualito Drive, San Marino, CA 91108

Page 640 of 962 ends

• Lacy Park - 1485 Virginia Road, San Marino, CA 91108
• San Marino Center - 1800 Huntington Drive, San Marino, CA 91108 The current IT firm providing managed services to the City provides off‐site 24/7 monitoring and patching. Information technology services are provided across 21 locations throughout the City, and include essential and emergency response functions that require 24/7 service such as Police, Fire, and the Department of Public Works.

C. IT Background Information
The following are current ticket count per current IT vendor and percentage breakdown by category:
• Monthly average support ticket count – 140
o End user support – 65%
o Changes – 15%
o Security Mitigation – 11%
o System Errors – 8%
o Outages – 1%
The following are current network connections:
• City Hall (CH) – 150x150 Mbps
• Police Department (Hard wired to CH) – 60x35 Mbps
• Fire Department (Hard wired to CH) – Shared w/ CH
• Public Works (Hard wired to CH) – Shared w/ CH
• Community Development Department (Hard wired to CH) – Shared w/ CH • Library (VPN to CH) – 1x1 Gbps
• Recreation (VPN to CH) – 25x25 Mbps
• Lacy Park (VPN to CH) – 35x10 Mbps
III. NATURE OF SERVICES REQUIRED
A. General
The City of San Marino is soliciting proposals from experienced and qualified firms to provide the City with information technology management services in the area of network analysis and technical support (Non-Public Safety & Public Safety which includes Police and Fire departments), systems support, computer operations support, PC desktop technical support, software integration support, Help Desk support, project manager for software implementation, and I.T. policy and procedure development.

Page 641 of 962 ends

B. Scope of Work
The City of San Marino desires an information technology management services for ongoing generalized IT support for both Non-Public Safety & Public Safety. The scope of services is intended to ensure proper operation of the City’s networked computer system, equipment, and related network infrastructure. It is anticipated to include, but not be limited to the following:

1. IT SUPPORT
The City maintains over 210 Desktops, Laptops and Tablets in various locations throughout the City. The City is requiring the following IT support but not limited to:
• Inventory Control & Reporting
• Warranty Management
• Asset Tracking
• Patching and compliance for Operating Systems and Installed Applications • Mobile Device Management
• Mobile Data Computers for Police Department
• Cradle Points for Police Department
• Cellphone issues
• Mitel VOIP Telephone System
• AntiVirus & AntiMalware management and remediation
• Security Policy Management
• Remote Monitoring of hardware and software for errors, warnings, or non‐ compliance
• Installation and maintenance of UPS units

2. SERVER MANAGEMENT
The City currently hosts 4 physical and 36 virtual servers; most of these servers are located in the City Hall server room, with some servers located in off‐site locations.

Some servers are owned by third parties for applications running for specific clients and running specific programs.

3. NETWORK MAINTENANCE AND MANAGEMENT
The City has five facilities with a core switch located in City Hall. This network is mission critical and needs to be monitored 24/7/365. 24x7 Hour support is necessary and needs to be included in the proposal.

The scope of work includes, but is not limited to:
• Inventory Control & Reporting
• Warranty Management

Page 642 of 962 ends

• Asset Tracking
• Patching and compliance for Operating Systems, appliance upgrades and all network equipment including firewalls, switching, routing and wireless infrastructure
• Security Policy Management
• Remote Monitoring of hardware for errors, warnings, or non‐compliance • Monthly change control reporting
• Monthly reporting on configuration backup

4. HELPDESK SUPPORT AND ON‐SITE SUPPORT
The City supports over 150 End Users, who use approximately 45 applications.

The vendor is expected to provide on‐site support in administering to the City’s IT needs. This includes end user support and training, department level systems and capital needs planning, and input into major system enhancements. Vendor will participate collaboratively with various departments to fulfill service needs, and will make recommendations for future purchasing and technology upgrades when advisable. Personnel providing services under this contract resulting from the RFP must be fully qualified to perform the required work. A designated engineer is preferred. All personnel on‐site and remote will be required to pass a criminal background check before performing any work in the Police Department.

Helpdesk Support Remote must include:
• Service Call Tracking
• Monthly reports on problems, issues, affected users, problem categories • Application & operating system helpdesk services
• Guidance and user support pertaining to proper use of City applications and systems
• Guidance and user support pertaining to proper response to security concerns such as websites, emails, and application behavior
• Construction of a knowledge base of Support Resolutions and Instructional How‐To articles. The platform housing this data, and the data within the platform shall be owned by the City.
• Support during Business Hours: Support during business hours must include on‐site support as well as phone or remote support as needed to meet the requirements below. Business Hours are Monday-Thursday from 7am until 5:00pm and Friday from 7am until 11am. City Holidays are excluded. • Support After Business Hours: Support during after business hours for Public Safety staff (Police, Public Works and Fire).
• Onsite support staff available to assist in user training and orientation on the first day of any newly hired City Employee
• Onsite support of City Hall Employees by 7am each morning

Page 643 of 962 ends

• Onsite location of at least 1 support person located within City’s IT office for “drop‐ in” support requests from users
• Onsite support for basic phone problems
• Onsite support to troubleshoot basic network issues with the use of the City’s remote monitoring system
• Onsite support should have a good understanding of all the Internet connections and providers
• Onsite support to rollout new computers/laptops
• Onsite support for reviewing cyber security logs
• Onsite support for reviewing current IT Management systems (Switches, Network, Wi‐Fi)
• Onsite support for Police department specific IT needs • Onsite support for City Council presentation regarding IT specific projects during the annual budget process

5. CYBER SECURITY
The City has deployed a robust, multilayered approach to security‐focused technologies. The City would like to ensure that end‐user Cyber Security is distributed to end‐users at least once a year.
• Monitoring & Management of the existing DNS Security and content filtering system.
• Monitoring & Management of the existing Anti‐Malware System. • Monitoring & Management of the existing Next‐Gen Antivirus and Security system.
• Provide standard Antivirus software, and management of said software to all endpoint devices.
• Provide a Learning Management System for City’s employees, curate the trainings provided to end users

6. SPECIAL IT PROJECTS (BUDGETED PROJECTS)
The City expects the IT to support special one-off projects. (i.e. Server Room Improvements, Battery Back-up Replacement)
C. Cost of Services
The City anticipates entering into a fixed monthly cost for services engagement, with a minimum term of one year; the City will also consider a multiple‐year term if advantageous to the City. Please provide a total monthly fee and associated breakdown by task. For the Help Desk/On Site Support Scope, please break down your proposed fee for each element separately (e.g. on‐ site support should be a stand‐alone item). Include any required software costs if applicable.

Page 644 of 962 ends

While the City requests this contract be all inclusive, it recognizes that there any be instances where services may exceed those considered in a basic monthly scope of work. Please provide your firm’s opinion on what types of services might fall into this category, and provide appropriate pricing – examples could include: site visits outside of prescheduled visits; after hours, emergency response visits; additional discounts for multi‐year agreements; other special circumstances.

IV. TIME REQUIREMENTS
A. Proposal Calendar
The following is a list of key dates up to and including the date proposals are due to be submitted:

Request for proposals issued……………… September 27, 2021
Due date for written questions…………….October 14, 2021
Due date for proposals……………………. October 21, 2021
Oral Interview (Zoom)……………………. October 27, 2021
Selected firm notified………………………. November 2, 2021
V. PROPOSAL REQUIREMENTS
A. Proposal Response is to Include:
• Scope of Work and Approach
• Services Offered
• Annual Contract Cost over 3 years
• Onboarding process and timeline
• Qualification and References
B. RPF Inquiries / Questions
Inquiries or questions concerning the request for proposals and the subject of the request for proposals must be made to by October 14, 2021:

Paul Chung, Finance Director
City of San Marino
[email protected]
C. Submission of Proposals
Proposers should send PDF versions of the completed proposal by October 21, 2021 to the following email address:

Paul Chung, Finance Director
City of San Marino
[email protected]

Page 645 of 962 ends

VI. EVALUATION PROCEDURES
A. Committee
Proposals submitted will be evaluated by a Committee consisting of the Finance Director, Accounting Manager/Controller, Chief of Police, Fire Division Chief, and IT Manager.

B. Review of Proposals
The Committee will use a point formula during the review process to score proposals. The City of San Marino reserves the right to retain all proposals submitted and use any idea in a proposal regardless of whether that proposal is selected.

C. Evaluation Criteria
Proposals will be evaluated using various sets of criteria. Firms meeting the mandatory criteria will have their proposals evaluated and scored for both technical qualifications and price.

D. Oral Interview (Conducted through Zoom) – 10/27/2021 (Tentative date) During the final phase of the evaluation process, the Committee may convene a panel to conduct oral presentations. Such presentations will provide firms with an opportunity to answer any questions the Committee may have on a firm’s proposal.

E. Final Selection
The selection of the audit firm will be made by the Committee and the outcome will be notified by November 2, 2021, with ratification by the City Council on November 10, 2021.

F. Right to Reject Proposals
Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposals unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of San Marino and the firm selected. The City of San Marino reserves the right without prejudice to reject any or all proposals.

Page 646 of 962 ends

ATTACHMENT 1
CITY OF SAN MARINO’s STANDARD PROFESSIONAL SERVICES

AGREEMENT

Page 647 of 962 ends

PROFESSIONAL SERVICES AGREEMENT
between
The City of San Marino
2200 Huntington Drive
San Marino, CA 91108
&
CONSULTANT’S NAME
CONSULTANT’S ADDRESS
CONSULTANT’S ADDRESS
This Professional Service Agreement (“the Agreement”) is made as of INSERT DATE (the “Effective Date”), by and between CONSULTANT’S NAME (“Consultant”), FORM OF CONSULTANT’S LEGAL ENTITY [E.g. “a California corporation”], and the City of San Marino (“City”), a California municipal corporation, (collectively, “the Parties”).

Page 648 of 962 ends

RECITALS
A. City desires certain professional services as specified in this Agreement.

B. Consultant represents that it is qualified and able to provide City with such services.

NOW THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows:

AGREEMENT

1.0 Scope of Services

1.1. Consultant shall provide those services (“Services”) set forth in the attached Exhibit A.

1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local laws, ordinances, codes, and regulations.

1.4. Consultant shall not be compensated for any work performed unless it is specified in Exhibit A or City authorizes such work in advance and in writing. Any work so authorized by City shall become part of the Services for purposes of this Agreement.

2.0 Term
The term of this Agreement shall commence as of the Effective Date and shall continue through INSERT END DATE unless sooner terminated as provided in Section

5.0 of this Agreement.

3.0 Consultant’s Compensation
City will pay Consultant in accordance with the fee schedule set forth in Exhibit B but in no event will the City pay more than $INSERT AMOUNT-NOT-TO-EXCEED FOR THIS CONTRACT. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit B, unless otherwise approved by City in writing. Pursuant to Section 02.06.05 of the San Marino City Code, this Agreement shall not be effective unless previously approved by the City Council if it is for professional services of greater than thirty thousand dollars ($30,000.00).

Page 649 of 962 ends

4.0 Method of Payment

4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant all undisputed charges within 30 days of receiving Consultant’s invoice.

City will not withhold any applicable federal or state payroll and other required taxes, or other required or authorized deductions from payments made to Consultant.

4.2. Upon 24-hour notice from City, Consultant shall allow City or City’s agents or representatives to inspect at Consultant’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City’s rights under this Section 4.2 shall survive for two years following the expiration or earlier termination of this Agreement.

5.0 Termination

5.1. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least five (5) calendar days before the termination is to be effective.

5.2. Consultant may terminate this Agreement for cause in the event City fails to cure a default under this Agreement within thirty (30) days after Consultant has given City notice of such default.

5.3. Upon termination of this Agreement, Consultant shall cease all work under this Agreement and deliver to City all materials, reports, documents, notes or other written materials compiled through the last working day this Agreement is in effect. City shall pay Consultant for all services satisfactorily rendered through the last working day this Agreement is in effect; provided that in no event, including but not limited to termination, shall Consultant be entitled to receive more than the maximum compensation set forth in Section 3. Neither party shall have any other claim against the other party by reason of termination pursuant to this Section 5.0.

6.0 Reports, Information, and Work Product

6.1. Consultant shall deliver to City: (1) any reports on the status of the Services upon City’s request and in such time and in such form as City may require; and (2) all material furnished to Consultant by City upon City’s request and/or upon the expiration or termination of this Agreement.

Page 650 of 962 ends

“works made for hire” for the benefit of City. All Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. Consultant hereby assigns to City all rights of ownership to the Work Product, including but not limited to any and all related intellectual property and proprietary rights that are not otherwise vested in the City pursuant to this paragraph.

Consultant shall defend, indemnify, and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city officials, harmless from any loss, claim, or liability in any way related to a claim that any use by the City of any of the Work Product violates federal, state, or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents, or other means of protecting intellectual property rights, and/or interests in products, ideas, or inventions.

Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret, or trademarked documents, materials, equipment, devices, or processes in connection with its provision of the Work Product produced under this Agreement. If any use by city of any of the Work Product or other deliverables is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using such Work Product and/or other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Work Product and other deliverables so that they become noninfringing while remaining in compliance with the requirements of this Agreement.

6.4. Consultant’s obligations under this Section 6.0 shall survive the expiration or termination of this Agreement.

7.0 Party Representatives

7.1. City’s representative for purposes of this Agreement is the City Manager or the person designated in writing by the City Manager. The City Manager’s designee may exercise the authority of the City Manager provided in this Agreement excepting approval of any expenditure that would exceed a total compensation allowed under the Agreement.

7.2. INSERT NAME OF CONSULTANT’S REPRESENTATIVE is Consultant’s representative for purposes of this Agreement.

Page 651 of 962 ends

8.0 Notices

8.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:

To City: City of San Marino
2200 Huntington Drive
San Marino, California 91108
Attn: City Manager
To Consultant: CONSULTANT’S NAME
CONSULTANT’S ADDRESS
CONSULTANT’S ADDRESS
Attn: ______________

8.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

9.0 Independent Consultant

9.1. Consultant is an independent contractor and not an employee of City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

9.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from Consultant’s personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. All duties of Consultant under this Section

9.2 shall survive termination of this Agreement.

Page 652 of 962 ends

Consultant shall be solely responsible for all such payments or contributions.

Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from Consultant’s failure to make any such payment or contribution. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. All duties of Consultant under this Section

9.3 shall survive termination of this Agreement.

10.0 Subcontractors
Unless otherwise specified in Exhibit A, no portion of this Agreement shall be subcontracted without the prior written approval of the City Manager. Consultant is fully responsible to City for the performance of any and all subcontractors, if any.

11.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City Manager. Any purported assignment without such consent shall be void and without effect.

12.0 Insurance

12.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements, including but not limited to additional insured endorsements, effecting coverage required by this Agreement on forms satisfactory to City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City, if requested. All certificates and endorsements shall be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Insurance is to be placed with insurers licensed to do business in California with a current A.M. Best’s rating no less than A:VIII unless otherwise approved in writing by City. Coverage shall be at least as broad as the latest version of the following:
(1) General Liability: Insurance Services Office Commercial General Liability Coverage form (CG 0001); (2) Workers’ Compensation: Consultant shall maintain Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance with limits of at least $1,000,000) per occurrence; (3) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any

Page 653 of 962 ends

auto); and, (4) Professional Liability: Insurance Services Office Professional Liability Coverage form RHIC 6101. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Workers’ Compensation: Consultant shall maintain Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance with limits of at least $1,000,000) per occurrence; (3) Automobile Liability:
$1,000,000 per accident for bodily injury and property damage; and (4) Professional Liability: $1,000,000 per claim/aggregate.

12.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state:
(1) coverage shall not be suspended, voided, reduced or canceled by Consultant except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its directors, officials, or officers; (3) coverage shall be primary insurance as respects City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Consultant’s scheduled underlying coverage and that any insurance or self-insurance maintained by City, its directors, officials, officers, employees, agents and volunteers shall be excess of Consultant’s insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Consultant or for which Consultant is responsible.

12.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its directors, officials, officers, employees, agents, and volunteers.

12.5. Any deductibles or self-insured retentions shall be declared to and approved by the City Manager. Consultant guarantees that, at the option of the City Manager, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects City, its directors, officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

12.6. Consultant waives any right to subrogation that any insurer of Consultant may acquire by virtue of payment of any loss under the policies required by this

Page 654 of 962 ends

Agreement. Consultant shall obtain any endorsement that may be necessary to affect this waiver of subrogation.

13.0 Indemnification, Hold Harmless, and Duty to Defend

13.1. To the maximum extent permitted by law, Consultant shall defend, indemnify, and hold City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively “Indemnitees”) free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Consultant, its employees, its agents, or its subcontractors in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Consultant shall defend Indemnitees, at Consultant’s own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, City, its directors, officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement.

13.2. Consultant must obtain executed indemnity agreements with provisions identical to those in Section 13.1 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of the Services. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless, and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged, or threatened, arising or claimed to arise out of, pertaining to, or relating to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors, or their respective officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

Page 655 of 962 ends

limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.

15.0 Labor Certification

15.1. By its signature hereunder, Consultant certifies it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code. Consultant shall provide evidence of such coverage before commencing the performance of the Services.

15.2. Consultant certifies that in the performance of the Services, Consultant shall not, in any manner, employ any person or contract with any person so that any Services so performed by such person would be subject to the workers’ compensation laws of the State of California unless and until Consultant gives City a certificate of consent to self-insure or a certificate of Workers' Compensation Insurance Coverage.

15.3. In the event Consultant hires a subcontractor who has employees to perform the Services or any part thereof, then Consultant shall either require the subcontractor to obtain Workers’ Compensation Insurance Coverage, or must obtain Workers’ Compensation Insurance Coverage for the subcontractor’s employees.

15.4. Any Workers’ Compensation Insurance Coverage required by or for this Agreement shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, its agents, and its subcontractors.

16.0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.

17.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

18.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.

19.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.

Page 656 of 962 ends

20.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.

21.0 Headings
Headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.

22.0 Force Majeure
Consultant shall not be liable for any failure to perform any obligation under this Agreement if Consultant presents that City in its sole judgment deems acceptable that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.

23.0 Final Payment Acceptance Constitutes Release
Consultant’s acceptance of City’s final payment under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for the Services or anything done or furnished relating thereto. Neither City’s payment to Consultant nor approval of payment constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-contractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such or payment or approval be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

24.0 Prohibited Interests; Conflict of Interest

Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.

Page 657 of 962 ends

24.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.

24.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in this subsection.

25.0 Attorneys’ Fees
If either party commences any legal, administrative, or other action against the other party arising out of or in connection with this Agreement, the prevailing party in such action shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith.

26.0 Exhibits
Each exhibit referenced in this Agreement is hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.

27.0 Corporate Authority

27.1. Each person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of Consultant and that by his or her execution, Consultant is formally bound to the provisions of this Agreement.

27.2. Consultant certifies it is aware of the requirements of Sections 313 of the California Corporations Code. If Consultant is a corporate entity, it shall either:
(a) provide City written proof that each person executing this Agreement on Consultant’s behalf is duly authorized to bind Consultant; or (b) provide two signatories to this Agreement, of whom the first must be Consultant’s chairman of the board, president, or a vice president and the second must be Consultant’s secretary, an assistant secretary, its chief financial officer, or an assistant treasurer.

Page 658 of 962 ends

IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the Effective Date.

CITY OF SAN MARINO
By:_________________________
Marcella Marlowe, Ph.D.

City Manager
Attest:

By:_________________________
City Clerk
Approved as to Form:

By:_________________________
Joe Montez
City Attorney

CONSULTANT
By:_____________________________
(Sign)
Name: __________________________ (Print)
Title: __________________________ (Print)
By:_____________________________
(Sign)
Name: __________________________ (Print)
Title: __________________________
(Print)

Page 659 of 962 ends

Exhibit A
Scope of Services
See attached proposal (Page XXX)

Page 660 of 962 ends

Exhibit B
Fee Schedule
See attached proposal (Page XXX)

Page 661 of 962 ends

THIS PAGE LEFT BLANK INTENTIONALLY

Page 662 of 962 ends

PROFESSIONAL SERVICES AGREEMENT
between
The City of San Marino
2200 Huntington Drive
San Marino, CA 91108
&
Intelesys
3155-B East Sedona Court
Ontario, California 91764
This Professional Service Agreement (“the Agreement”) is made as of 1/12/2022 (the “Effective Date”), by and between Intelesys (“Consultant”), a California corporation, and the City of San Marino (“City”), a California municipal corporation, (collectively, “the Parties”).

RECITALS
A. City desires certain professional services as specified in this Agreement.

Page 663 of 962 ends

B. Consultant represents that it is qualified and able to provide City with such services.

NOW THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows:

AGREEMENT

1.0 Scope of Services

1.1. Consultant shall provide those services (“Services”) set forth in the attached Exhibit A.

1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local laws, ordinances, codes, and regulations.

2.0 Term
The term of this Agreement shall commence as of the Effective Date and shall continue through 1/12/2023 unless sooner terminated as provided in Section 5.0 of this Agreement.

3.0 Consultant’s Compensation
City will pay Consultant in accordance with the fee schedule set forth in Exhibit B but in no event will the City pay more than $183,744. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit B, unless otherwise approved by City in writing. Pursuant to Section 02.06.05 of the San Marino City Code, this Agreement shall not be effective unless previously approved by the City Council if it is for professional services of greater than thirty thousand dollars ($30,000.00).

4.0 Method of Payment

Page 664 of 962 ends

City will not withhold any applicable federal or state payroll and other required taxes, or other required or authorized deductions from payments made to Consultant.

5.0 Termination

5.2. Consultant may terminate this Agreement for cause in the event City fails to cure a default under this Agreement within thirty (30) days after Consultant has given City notice of such default.

6.0 Reports, Information, and Work Product

6.2. Unless the Parties agree in writing, all draft and final reports, documents, and other written material, and any and all images, ideas, concepts, designs including without limitation any website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Consultant in the performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made for hire” for the benefit of City. All Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. Consultant hereby assigns to City all rights of ownership to the Work Product, including but not limited to any and all related

Page 665 of 962 ends

intellectual property and proprietary rights that are not otherwise vested in the City pursuant to this paragraph.

6.4. Consultant’s obligations under this Section 6.0 shall survive the expiration or termination of this Agreement.

7.0 Party Representatives

7.2. Rick Balzer, President is Consultant’s representative for purposes of this Agreement.

8.0 Notices

To City: City of San Marino
2200 Huntington Drive

Page 666 of 962 ends

San Marino, California 91108
Attn: City Manager
To Consultant: Intelesys
3155-B East Sedona Court
Ontario, California 91764
Attn: Rick Balzer

8.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

9.0 Independent Consultant

9.2 shall survive termination of this Agreement.

Page 667 of 962 ends

or indemnification arising under this Section. All duties of Consultant under this Section

9.3 shall survive termination of this Agreement.

12.0 Insurance

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, (4) Professional Liability: Insurance Services Office Professional Liability Coverage form RHIC 6101. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Workers’ Compensation: Consultant shall maintain Workers’ Compensation insurance as required by the State of California and Employer’s Liability

Page 668 of 962 ends

insurance with limits of at least $1,000,000) per occurrence; (3) Automobile Liability:
$1,000,000 per accident for bodily injury and property damage; and (4) Professional Liability: $1,000,000 per claim/aggregate.

12.6. Consultant waives any right to subrogation that any insurer of Consultant may acquire by virtue of payment of any loss under the policies required by this Agreement. Consultant shall obtain any endorsement that may be necessary to affect this waiver of subrogation.

13.0 Indemnification, Hold Harmless, and Duty to Defend

Page 669 of 962 ends

and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Consultant, its employees, its agents, or its subcontractors in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Consultant shall defend Indemnitees, at Consultant’s own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

14.0 Equal Opportunity
Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.

15.0 Labor Certification

Page 670 of 962 ends

accordance with the provisions of that Code. Consultant shall provide evidence of such coverage before commencing the performance of the Services.

17.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

18.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.

19.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.

21.0 Headings

Page 671 of 962 ends

Headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.

24.0 Prohibited Interests; Conflict of Interest

Page 672 of 962 ends

27.0 Corporate Authority

IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the Effective Date.

Page 673 of 962 ends

CITY OF SAN MARINO
By:_________________________
Marcella Marlowe, Ph.D.

City Manager
Attest:

By:_________________________
Christina Baker
City Clerk
Approved as to Form:

By:_________________________
Joe Montes
City Attorney

CONSULTANT
By:_____________________________ (Sign)
Name: __________________________ (Print)
Title: __________________________ (Print)
By:_____________________________ (Sign)
Name: __________________________ (Print)
Title: __________________________ (Print)

Page 674 of 962 ends

Exhibit A
Scope of Services
See attached proposal

Page 675 of 962 ends

Exhibit B
Fee Schedule
See attached proposal:

The Fee Schedule includes 6 fixed hours per week of an IT Engineer onsite.

Page 676 of 962 ends

Managed Information Technology Services Quote
3155-B East Sedona Court | Ontario, California 91764
The Information Technology Services Solution by Intelesys offers a 360-degree answer to your organization’s IT needs.

Our diverse engineer pool delivers specialists in every IT area, all focused on technologies specifically utilized by local municipalities. Our team has hands on experience in the products cities use, all backed by CJIS certified company employees, not subcontractors. Our Cyber-Security Management Process we co-developed by a former CIO of the FBI specifically for our firm. We augment your team to help you achieve success! CLIENT
City of San Marino

BILLING
ADDRESS 2200 Huntington Dr. San Marino, CA 91108

AGREEMENT
TERM 12 months

CONTRACT COSTS
Monthly Managed Services $15,532
Onetime setup charges $ 0

AGREEMENT
OFFERING Pricing valid for 120 days
Managed
Services
Quote
Hardware Managed
Physical Servers 4
Virtual Servers 36
Desktops 139
Laptops / Tablets 35
iPads 11
MDC's for Police Department 10
Cradle Point's for Police Department 7
AT&T FirstNet SIM's for Police Department 7
Cell Phones 78
SonicWall Firewall (NSA2650, NSA4600,
TZ400 and SOHO-Wireless-N)
4 HP2920-48g POE 2
HP2920-24g POE 1
HP2530-48g POE 4
HP2530-24g POE 2
HP2530-8g POE 6
Ruckus Wi-Fi :

Zone Directors 2
Access Points 14
Wlans 15
Guest Access zones 4
UPS Battery back-up 15
Services
Full-Service help desk Monday – 27/4/365
• Desktop Support Technicians will provide desktop support for all problems and project calls to diagnose, upgrade, install, fix, adjust, and general problem resolution • Staffed with Level 1, 2, and 3 CJIS Certified engineers • Onsite escalation provided as needed

Page 677 of 962 ends

Network and Systems Support
• Network is defined to include all City switches, hubs, routers, bridges, repeaters, firewalls, NVR’s / DVR’s, access points etc.
• Maintenance and installation of network cabling within City facilities including patch management. • Network and network device performance monitoring, diagnostics, and tuning. • Network and network device configuration and version updates to keep within two versions of current.
• Network and network device configuration management and record keeping. • Network, network device and server capacity monitoring and planning. • Firewall monitoring for intrusion attempts, attacks, viruses, etc. • Firewall configuration and version updates.
• Network intrusion and virus software management (keeping current updates and versions).

Cyber Security Management
• Monitoring & Management of the existing DNS Security and URL content filtering system • Provide email filtering and automatic quarantining of known/suspected issues • Monitoring & Management of the existing Anti‐Malware System • Monitoring & Management of the existing Next‐Gen Antivirus and Security system • Provide standard Antivirus software, and management to all endpoint devices. • Provide a Learning Management System for City’s employees, curate the trainings provided to end users
Documentation
• Monthly report on SLA performance and ticket volume
• Network hardware inventory for all managed devices with release dates, patch status and system life report
• Network device configurations and network layout map
Annual Deliverables
• Deliver expected annual expense forecast for city budget process • Perform annual network assessment with full reporting • Track system support status and extended warranty cost • IT Satisfaction Survey – Statistical and end user measurement • Performa annual CJIS audit to confirm network compliance Monthly Managed Services Agreement
Flat rate remote labor – 144 average hours $16,380
Flat rate onsite labor – 6 fixed hours per week plus quarterly review $ 5,265 Labor Discount ($ 9,740)
Bitdefender Anti-Virus – (224) $ 370
Email Branding Signature Service – Up to (200) $ 40
Proofpoint Pro email filter – (191) $ 792
Remote Management / Patching (214) $ 524
Phishing Test – 4X per year $ 75
DUO dual factor authentication – (94) $ 200
Cisco Umbrella / URL Defense – (224) $ 385

Page 678 of 962 ends

Cloud business Continuity for complete – (20) servers $ 800 offsite unlimited storage and retention
Back-up Server Services with offsite replication (20) plus (3) appliances $ 1,650 Sever back-up with off-site replication Back-up onsite (TB) Back-up offsite (TB) City Hall local appliance 4 7
Police Department local appliance 5 8
Library / Rec local appliance 1.5 2
Software Discount ($ 1,209)
Total Monthly Contract Amount $15,312
Intelesys One Time White Glove Onboarding: $0
As an existing client of Intelesys, all software services, malware protections, anti-virus tools are in place and fully functional. Our full knowledge of the network environment, completed projects as well as pending projects allows us to continue with San Marino in upgrading and hardening the network environment. Our quarterly network assessments and ongoing cyber security monitoring allows us to submit this bid with zero onboarding costs.

Services not included in the total:
• New hardware additions
• Recovery from cyber-attacks exceeding 10 hours
• New project coordination with third party vendors exceeding 10 hours • Failures caused by third party vendors
• Telephone company outages requiring more than 4 hours work TOTAL MONTHLY RECURRING: $15,532 TOTAL ONE-TIME: $0

Page 679 of 962 ends

THIS PAGE LEFT BLANK INTENTIONALLY

Page 680 of 962 ends

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Efficient, Responsive, and Effective City Services
• Fiscally Responsible and Transparent City Government

BACKGROUND
The California Franchise Tax Board (FTB) offers a data sharing program where the City and State can share business license tax data in exchange for the State’s income tax information. This allows each agency to ensure that business owners are properly registered with both agencies and are properly reporting their taxes.

DISCUSSION
For the past few years, the City has participated in a data sharing program with the Franchise Tax Board. The prior agreement was executed in 2019 and expires March 31, 2022. If approved, this agreement will be in effect from April 1, 2022 to December 31, 2024. As stated above, this agreement provides a “checks and balances” system for verifying that businesses have the appropriate property approvals and registrations. This agreement is also helpful in that it provides the applicant with critical information that is used to complete their business license application with the City of San Marino.

In addition, California Revenue and Taxation Code Section 19551.5 mandates counties to provide city business licensing and tax information to the FTB upon request. Section 19551.1 authorizes such agreements for the purpose of sharing tax information.

FISCAL IMPACT & PROCUREMENT REVIEW
There is no cost to the City to participate in this program. Procurement review is not applicable.

TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Paul Chung, Finance Director
Mark Siegfried, Accounting Manager/Controller
DATE: January 12, 2022
SUBJECT: APPROVAL OF FRANCHISE TAX BOARD DATA SHARING

AGREEMENT
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

Page 681 of 962 ends

LEGAL REVIEW
The City Attorney has reviewed the staff report and the agreement and approved as to form.

RECOMMENDATION
Staff recommends the Council approve the FTB Data Sharing Agreement and direct the City Manager to execute the agreement. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve the Franchise Tax Board Data Sharing Agreement and direct the City Manager to execute the agreement.”

ATTACHMENTS

1. Franchise Tax Board Data Sharing Agreement

2. Exhibits A, B, D, E, F & G to Agreement

Page 682 of 962 ends

.:n.u 11.1: 11.:;u-uuuuuuuuuuuuuuuuuuuu1<t:J:JL
STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES .----------------.----------------.

STANDARD AGREEMENT AGREEMENT NUMBER
000000000000000000074552
PURCHASING AUTHORITY NUMBER (If Applicable)
STD 213 (Rev. 04/2020)

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME
Franchise Tax Board

CONTRACTOR NAME
City of San Marino

2. The term of this Agreement is:

START DATE
April 1, 2022 or date of approval, whichever is later,

THROUGH END DATE
December 31, 2024

3. The maximum amount of this Agreement is:
$0.00 (NON-FINANCIAL AGREEMEND

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibits Title
Exhibit A Scope of Work
Exhibit B Budget Detail and Payment Provisions
Exhibit C * General Terms and Conditions
Exhibit D Special Terms and Conditions
-
Exhibit E City and County Record Format Specifications
-
Exhibit F Franchise Tax Board Record Layout Specifications -
Exhibit G Confidentiality Statement
-
Items-shown with an asterisk("), are hereby inco� orated by referenrnand made part of this agreement as it attached hereto.

These documents can be viewed at https:l/www.dqs.ca.qov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of San Marino

CONTRACTOR BUSINESS ADDRESS
2200 Huntington Drive

PRINTED NAME OF PERSON SIGNING

CONTRACTOR AUTHORIZED SIGNATURE
CITY
San Marino
TITLE

DATE SIGNED
Pages
3 1
GTC417
3 2
1 1

STATE ZIP
CA 91108

Page 683 of 962 ends

STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES .-------------�-------------� STANDARD AGREEMENT I AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable) STD 213 (Rev. 04/2020) 000000000000000000074552

CONTRACTING AGENCY NAME
Franchise Tax Board

CONTRACTING AGENCY ADDRESS
P.O. Box 2086

PRINTED NAME OF PERSON SIGNING
Michael A. Banuelos

CONTRACTING AGENCY AUTHORIZED SIGNATURE

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL

STATE OF CALIFORNIA
CITY
Rancho Cordova
TITLE
I

STATE I
ZIP
CA 95741
Procurement and Contracting Officer or Designee

DATE SIGNED
EXEMPTION (If Applicable)
SCM Vol. 1, 4.04.A.2

Page 684 of 962 ends

State of California City of San Marino
Franchise Tax Board Agreement # 74552

EXHIBIT A

SCOPE OF WORK
This Agreement is entered into by and between the Franchise Tax Board, herein after referred to as (FTB), and the City of San Marino, herein after referred to as the City.

Purpose:

This Agreement provides for the reciprocal exchange between FTB and the City tax data specific to city business license information for tax administration purposes. By entering into a reciprocal agreement, each party agrees to bear its own costs of providing the data, and the City is precluded from obtaining reimbursement.

Both parties will abide by the legal and confidential provisions of this Agreement. Exhibits A, C, D, E, F, and G, attached hereto and incorporated by reference herein, set forth additional terms to which the parties agree to be bound.

No Federal Tax Information will be exchanged.

Legal Authority:

California Revenue and Taxation Code (R&TC) Section 19551.1 authorizes a reciprocal agreement for the exchange of specified tax information between a City/County and FTB. R&TC Section 19551.5 mandates cities/counties to provide city/county business licensing and tax information to FTB upon request.

City Responsibilities:

1. The City agrees that the information provided by FTB will be used exclusively to administer the City/County Business Tax Program.

2. The City agrees that information obtained under this Agreement will not be reproduced, published, sold, or released in original or in any other form for any purpose; and will only be accessed or used by City employees whose duties are to administer the City/County Business Tax Program.

3. The City agrees to provide FTB with tax information pursuant to Format Specifications, Exhibit E, which shall include, but not be limited to, the following:
 Business or owner’s name
 Business or residence address
 Federal Employer Identification Number (FEIN) or Social Security Number (SSN)  Ownership type
 North American Industry Classification Code or Standard Industry Classification Code  Business start and cessation dates
 City Business Tax Number, to be assigned to the City by FTB

4. The City agrees to extract and provide city data to FTB annually in June for each tax year that the Agreement is in place: June 2022, 2023, and 2024. If the Agreement is executed after June 30, 2022, the City will have 30 days after execution to provide FTB with the first year’s data.

5. The City agrees to submit the records to FTB electronically using FTB's Secure Web Internet File Transfer (SWIFT) system.

Page 685 of 962 ends

State of California City of San Marino
Franchise Tax Board Agreement # 74552

6. The City agrees to submit the records to FTB in ASCII fixed-length format, .txt, per the Format Specifications, Exhibit E.

7. The City agrees to resubmit data in the event data is initially submitted with errors. The resubmission of data must be within 30 days of notification. If data is not submitted accurately and timely, the City will forfeit its rights to FTB data for that year.

8. The City agrees that each City employee having access to FTB data shall sign a City/County Business Tax Program Confidentiality Statement, FTB 712 (Exhibit G). The signed statement is to be retained by the City and produced to FTB upon request.

9. The City agrees to submit to FTB a completed Security Questionnaire prior to receiving any FTB data. The Security Questionnaire is valid for the duration of the Agreement.

10. The City agrees to provide a copy of the current resolution, order, or minutes reflecting passage of a motion, or ordinance of the local governing body authorizing the execution of this specific Agreement.

FTB Responsibilities:

1. FTB agrees that information provided by the City will be used for tax administration and non-tax programs that FTB administers and may be shared with other state or federal agencies as authorized by law.

2. FTB agrees that information obtained under this Agreement will not be reproduced, published, sold, or released in original or in any other form for any purpose, except as provided in paragraph 1 or otherwise authorized by law.

3. FTB agrees to provide the City with data extracted from the Taxpayer Information (TI) system and Business Entities Tax System (BETS). FTB will provide the City with records for taxpayers within the City’s jurisdiction who indicate a business on their personal or business entity income tax return. The Record Layout, Exhibit F, FTB 909A shall include:
 Taxpayer name
 Taxpayer address
 Taxpayer SSN or FEIN
 Principal Business Activity code

4. FTB agrees to match the data provided by the City using the SSN or FEIN against FTB’s data with a “Yes” or “No” indicator on the Record Layout, Exhibit F, FTB 909A. The first year’s data match is at the discretion of FTB based on when the data is received from the City and processed.

5. FTB agrees to provide the City with an annual data extract in December 2022 for tax year 2021, in December 2023 for tax year 2022, and in December 2024 for tax year 2023 via SWIFT.

6. FTB agrees to register the City for a SWIFT account allowing for the secure electronic transmission of data.

7. FTB agrees to provide the City with a unique City Business Tax Number to be used for reporting purposes only.

Page 686 of 962 ends

State of California City of San Marino
Franchise Tax Board Agreement # 74552

8. FTB agrees to allow the City to resubmit data within 30 days of notification, in the event data is initially submitted with errors.

Project Coordinators:

The project coordinators during the term of this Agreement will be:

Franchise Tax Board City of San Marino
Felicia Hicks Illona Anderson
City/County Business Tax Program Manager Permit Technician Safeguards and Data Oversight Program 2200 Huntington Drive P.O. Box 1468, Mailstop A181 San Marino, CA 91108
Sacramento, CA 95812-1468 Phone: (626) 300-0700
Phone: (916) 845-6304 Email: [email protected] Email: [email protected]
Return executed agreement to:

Franchise Tax Board
Rich O’Neal
Business Acquisitions Unit
P.O. Box 2086, Mailstop A-374
Rancho Cordova, CA 95741-2086
Phone: (916) 845-5597
Fax: (916) 364-2688
Email: [email protected]

Page 687 of 962 ends

State of California City of San Marino
Franchise Tax Board Agreement # 74552

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS
This data exchange is provided at no cost.

Page 688 of 962 ends

State of California City of San Marino
Franchise Tax Board Agreement # 74552

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. DATA OWNERSHIP: The confidential tax information or sensitive information being provided under this Agreement remains the exclusive property of the providing party.

Confidential tax information and other confidential information are not open to the public and require special precautions to protect from loss and unauthorized access, inspection, acquisition, use, disclosure, modification, or destruction. The City (or County) shall have the right to use and process the disclosed information for the purposes stated in the Scope of Work of Exhibit A of this Agreement, which right shall be revoked and terminated immediately upon termination of this Agreement.

2. STATEMENT OF CONFIDENTIALITY: The Franchise Tax Board has taxpayer tax returns and other confidential information and data in its custody. Unauthorized inspection or disclosure of state returns or other confidential information or data is a misdemeanor (Revenue and Taxation Code Sections 19542, 19542.1, Unauthorized inspection or disclosure of federal returns and other confidential federal return information or data is a misdemeanor or a felony (Internal Revenue Code Sections 7213A(a)(2) and (b), and 7213(a)(2), respectively).

Upon the approval of this agreement and prior to any access to the confidential or sensitive data of the FTB, each City (or County) employee who may have access to the confidential data of FTB will be required to sign a City/County Business Tax Program Confidentiality Statement, FTB 712 (Exhibit G), attesting to the fact that he/she is aware of the confidentiality of the data and the penalties for unauthorized disclosure thereof under applicable state and federal law. The signed statement(s) shall be retained by the City (or County) and furnished to FTB upon request.

3. USE OF INFORMATION: The City (or County) agrees that the information furnished or secured pursuant to this Agreement shall be used solely for the purposes described in the Scope of Work of Exhibit A. The City (or County) further agrees that information obtained under this Agreement will not be reproduced, published, sold or released in original or in any other form for any purpose other than as identified in the Scope of Work of Exhibit A.

4. EMPLOYEE ACCESS TO INFORMATION: Both FTB and the City (or County) receiving data agree that the information obtained will be kept in the strictest confidence and shall make information available to its own employees only on a “need to know” basis. The “need to know” standard is met by authorized employees who need the information to perform their official duties in connection with the uses of the information authorized by this Agreement.

Each party receiving data recognize(s) its responsibility to protect the confidentiality of the information in its custody as provided by law and ensure that such information is disclosed only to those individuals and for such purposes as authorized by law and this Agreement.

5. PROTECTING CONFIDENTIAL INFORMATION/ INCIDENT REPORTING: Both FTB and the City (or County) receiving data, recognize the confidentiality of the information to be exchanged, pursuant to this agreement from unauthorized access, use, or disclosure. Each party receiving data will conduct oversight of its users with access to the confidential information provided under this agreement and will immediately notify the FTB’s Information Security Audit Unit ([email protected])
of any unauthorized or suspected unauthorized accesses, uses and/or disclosures (incidents). For purposes of this section, immediately is defined as within 24 hours of the discovery of the breach. The notification must describe the incident in detail and identify

Page 689 of 962 ends

State of California City of San Marino
Franchise Tax Board Agreement # 74552
responsible personnel (name, title, and contact information). The City (or County) with an incident will comply with the incident reporting requirements in accordance with R&TC Section 19542.1, Civil Code Section 1798.29, SAM Chapter 5300, and SAM Sections 8643 and 20080, and State Information Management Manual 54340-A and 5340-C to facilitate the required reporting to the taxpayers or state oversight agencies.

6. INFORMATION SECURITY: Information security is defined as the preservation of the confidentiality, integrity, and availability of information. A secure environment is required to protect the confidential information obtained from FTB pursuant to this agreement. The City (or County) receiving data will store information so that it is physically secure from unauthorized access. The records received by the City (or County) will be securely maintained and accessible only by employees of the City (or County) business license or tax programs who are committed to protect the data from unauthorized access, use, or disclosure. All FTB electronic data must be encrypted when in transit using FIPS 140-2 approved encryption technology and be password protected and secure at all times when in storage. Confidential information obtained from the FTB must be secured in accordance with the SAM Chapters 5100 and 5300 (Information Security), and National Institute of Standards and Technology (NIST) Special Publication 800-53 (moderate); and additional security requirements provided by FTB.

7. CLOUD COMPUTING ENVIRONMENT: A City (or County) receiving FTB’s confidential data must submit a completed FTB Cloud Security Questionnaire before using a Cloud Computing Environment. The questionnaire will be reviewed for approval by FTB’s Chief Security Officer, or his/her designee. A Cloud Computing Environment cannot be used to receive, transmit, store or process FTB’s confidential data without prior written approval from FTB’s Chief Security Officer or his/her designee.

8. DESTRUCTION OF RECORDS: All records received by the City (or County) from FTB under this Agreement, and any database(s) created, copies made, or files attributed to the records received, will be returned or destroyed within three years of receipt or upon termination of the agreement due to a breach of its terms, whichever occurs earlier. The records shall be destructed in a manner to be deemed unusable or unreadable, and to the extent that an individual record can no longer be reasonably ascertained. The City (or County) will notify FTB City/County Business Tax program manager annually in writing at FTB [email protected] that proper destruction methods have been applied. FTB will destroy city/county data in accordance with the department’s data retention policies.

9. DISPUTE RESOLUTION: In the event of a dispute, the City (or County) shall file a “Notice of Dispute” with the Chief Financial Officer of the FTB within ten (10) days of discovery of the problem. Within ten (10) days, the Chief Financial Officer or his/her designee shall meet with the City (or County) for purposes of resolving the dispute. The decision of the Chief Financial Officer shall be final.

10. SURVIVAL OF OBLIGATION TO PROTECT DATA: Each party’s obligation to protect the data and information received from the other party shall survive the expiration or termination of this Agreement. In the event a party continues to provide any data or information to the other party after the expiration or termination of this Agreement, the receiving party agrees to continue to protect all such data and information received in accordance with the provisions of this Exhibit D, and all applicable state and federal laws.

11. ONSITE SAFEGUARD REVIEW: FTB retains the right to conduct on-site safeguard reviews of the City (or County) use of FTB information and security controls established. The safeguard reviews may include, but are not limited to an examination of the adequacy of

Page 690 of 962 ends

State of California City of San Marino
Franchise Tax Board Agreement # 74552
information security controls, “need to know,” and use justifications established by the City (or County) to ensure compliance with the terms and conditions of this agreement. FTB will provide a minimum of seven (7) days’ notice of a safeguard review being conducted by FTB staff. The City (or County) will take appropriate disciplinary actions against any user determined to have violated security or confidentiality requirements.

12. LIMITED WARRANTY: Neither party represents or warrants the accuracy or content of the material available through this Agreement, nor each expressly disclaims any express or implied warranty, including any implied warranty of fitness for a specific purpose.

13. CANCELLATION: Either party may terminate this Agreement, in writing for any reason, upon thirty (30) days’ prior written notice. This Agreement may be terminated immediately by either party in the event of any breach of the terms of this Agreement.

14. NO THIRD PARTY LIABILITY: Nothing contained in or related to this agreement shall create any contractual relationship between either of the Parties and any other party, except between FTB and the City (or County); and no other party shall relieve the City (or County) or FTB of its responsibilities and obligations hereunder. Each of the parties agrees to be fully responsible for the acts and omissions of its third party contractors and agents, and of persons either directly or indirectly employed by the party. Neither of the parties shall have any obligation to pay, or to see to the payment of, any monies to any party or persons either directly or indirectly employed by the other.

Page 691 of 962 ends

State of California City of San Marino
Franchise Tax Board Agreement # 74552

EXHIBIT E
CITY AND COUNTY RECORD FORMAT SPECIFICATIONS (FTB 909)
Data Element Name Start
Pos.

End
Pos.

Field
Size
Usage Description

SOCIAL SECURITY NUMBER
(SSN)
1 9 9 AN Must be present unless FEIN is
provided. Fill unused field with
zeros.

FEDERAL EMPLOYER

ID NUMBER (FEIN)
10 18 9 AN Must be present unless SSN is
provided. Fill unused field with
zeros.

OWNERSHIP TYPE 19 19 1 AN Must be present:

S = Sole Proprietorship
P = Partnership
C = Corporation
T = Trust
L = Limited Liability Company
OWNER’S LAST NAME 20 34 15 AN Must be present if Ownership Type in position 19 = S.

OWNER’S FIRST NAME 35 45 11 AN Must be present if Ownership Type in position 19 = S.

OWNER’S MIDDLE INITIAL 46 46 1 AN May be left blank.

BUSINESS NAME 47 86 40 AN Enter if business is operating under a fictitious name (Doing Business
As (DBA)).

BUSINESS ADDRESS

NUMBER AND STREET
87 126 40 AN Address of the business location or
the residence of the owner if sole
proprietorship.

CITY 127 166 40 A Must be present.

STATE 167 168 2 A Enter standard state abbreviation.

ZIP CODE 169 177 9 AN Enter the five- or nine-digit ZIP Code assigned by the U.S. Postal
Service. If only the first five-digits
are known, left-justify information
and fill the unused fields with zeros.

BUSINESS START DATE 178 185 8 N Enter the eight-digit date (MMDDYYYY). Zero fill if not
known.

BUSINESS CEASE DATE 186 193 8 N Enter the eight-digit date (MMDDYYYY) if out of
business. Zero fill if unknown or still
in business.

Page 692 of 962 ends

State of California City of San Marino
Franchise Tax Board Agreement # 74552
Data Element Name Start
Pos.

End
Pos.

Field
Size
Usage Description

CITY BUSINESS TAX
NUMBER
194 196 3 N Enter three-digit number assigned
by FTB.

NORTH AMERICAN

INDUSTRY CLASSIFICATION

SYSTEM (NAICS)
197 202 6 N Enter the two- to six-digit NAICS
code. Left justify. (example 99 will
be 9900). Fill unused fields with
zeros.

STANDARD INDUSTRIAL

CLASSIFICATION (SIC)
203 206 4 N Enter the 2-4 digit SIC code. Left
justify (example 99 will be 9900).

Fill unused fields with zeros.

TOTAL RECORD LENGTH 206

Page 693 of 962 ends

State of California City of San Marino
Franchise Tax Board Agreement # 74552

EXHIBIT F
FRANCHISE TAX BOARD RECORD LAYOUT SPECIFICATIONS (FTB 909A) Field Name Length Start
Pos.

Description
ENTITY TYPE 1 1 “P” – personal income tax record;
“B” – business entity tax record.

SSN or FEIN 9 2 For “P” records, primary taxpayer’s social security number; For “B” records, federal
employer identification number.

LAST NAME 40 11 For “P” records, the primary taxpayer’s last name; For “B” records, business name.

FIRST NAME 11 51 For “P” records ONLY.

MIDDLE INITIAL 1 62 For “P” records ONLY.

SPOUSE SSN 9 63 For “P” records filed with a joint return.

SPOUSE LAST NAME 17 72 For “P” records filed with a joint return.

SPOUSE FIRST NAME 11 89 For “P” records filed with a joint return.

SPOUSE MIDDLE INITIAL 1 100 For “P” records filed with a joint return.

PBA CODE 6 101 Principal Business Activity code.

ADDRESS NUMBER 10 107
PRE-DIRECTIONAL DIRECTOR 2 117 Postal Service term (i.e., N, S, E, W, NE, NW, SE, SW).

STREET NAME 28 119
STREET SUFFIX 4 147 e.g., ST, WAY, HWY, BLVD, etc.

POST-DIRECTIONAL INDICATOR 2 151 Postal Service term (i.e., N, S, E, W, NE, NW, SE, SW).

STREET SUFFIX 2 4 153
APARTMENT/SUITE NUMBER 10 157 e.g., APT, UNIT, FL, etc.

CITY 13 167
STATE 2 180 Standard state abbreviation.

ZIP CODE 5 182 The five-digit ZIP Code assigned by the U.S.

Postal Service.

ZIP CODE SUFFIX 4 187 Provided if known.

CBT MATCH 1 191 “N” – No match per CBT data.
“Y” – Yes: CBT matched to state tax return
filed.

Page 694 of 962 ends

State of California City of San Marino
Franchise Tax Board Agreement # 74552

EXHIBIT G
CONFIDENTIALITY STATEMENT (FTB 712)
State of California Franchise Tax Board
City/County Business Tax Program Confidentiality Statement Confidential tax data is protected from disclosure by law, regulation, and policy. Information security is strictly enforced; violators may be subject to disciplinary, civil, and/or criminal action. Protecting confidential tax data is in the best interest of the city, county, and state.

As a city/county employee, you are required to protect all information received from the Franchise Tax Board (FTB). To protect confidential tax data, you must:
• Access or modify tax data solely to perform official duties. • Never access or inspect tax data for curiosity or personal reasons. • Never show or discuss confidential tax data with anyone who does not have a need to know.
• Never remove confidential tax data from your worksite without authorization. • Place confidential tax data in approved locations only.

Unauthorized inspection, access, use, or disclosure of confidential tax data is a crime under state laws including, but not limited to, California Revenue and Taxation Code Sections 19542 and 19552 and Penal Code Section 502. Unauthorized access, inspection, use, or disclosure may result in either or both of the following:
• State criminal action.
• Taxpayer civil action.

I certify that I have read the confidentiality statement printed above. I further certify and understand that unauthorized access, inspection, use, or disclosure of confidential information may be punishable as a crime and may result in disciplinary and/or civil action against me.

Name (print)
Each city/county employee accessing FTB data must retain a signed copy of this form and provide it to FTB upon request.

FTB 712 (REV 06-2016)
Signature Dat
e

Page 695 of 962 ends

THIS PAGE LEFT BLANK INTENTIONALLY

Page 696 of 962 ends

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Engaged and Connected Residents
• Efficient, Responsive, and Effective City Services
• Fiscally Responsible and Transparent City Government

BACKGROUND
On December 15, 2021, the San Marino Police Department received an unsolicited donation from the San Marino Police Department Foundation in the amount of $5,250.

DISCUSSION
The San Marino Police Department Foundation hand delivered the check in the amount of $5,250 as a donation to the San Marino Police Department to be used for the annual lease and maintenance costs related to the Flock Safety Automated License Plate Reader Cameras which were purchased by the City in 2020.

FISCAL IMPACT & PROCUREMENT REVIEW
The subject donation will have no impact on the General Fund and represents an unexpected benefit to the City’s Donations Fund budget (Fund No. 281) for this fiscal year. The San Marino Police Department Foundation donation will be recorded to the following account:

Revenue Acct. 281-30-3601-0000: Police Donations Received TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: John Incontro, Chief of Police
Mark Siegfried, Accounting Manager/Controller
DATE: January 12, 2022
SUBJECT: ACCEPTANCE OF DONATION FROM THE SAN MARINO POLICE

FOUNDATION
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

Page 697 of 962 ends

LEGAL REVIEW
The City Attorney has reviewed and approved the staff report as to legal form.

RECOMMENDATION
Staff recommends that the City Council accept the donation and amend the San Marino Police Department budget to reflect the donation as well as the corresponding expenditure. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to accept the donation of $5,250 from the San Marino Police Foundation; approve the fiscal year 2021-2022 revenue budget amendment of $5,250 in the Donations Fund (Acct. 281-30-3601-0000: Police Donations Received); and approve the fiscal year 2021-2022 expense budget amendment of $5,250 in the Donations Fund (Acct. 281-30-4399-0000: NonCapitalized Equipment).”

ATTACHMENTS

1. City’s Donation Policy

Page 698 of 962 ends

Page 699 of 962 ends

Page 700 of 962 ends

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Engaged and Connected Residents
• Efficient, Responsive, and Effective City Services
• Fiscally Responsible and Transparent City Government

BACKGROUND
On December 13, 2021, the City of San Marino received an unsolicited donation from Nancy Hoffman, in the form of a picture of a crossbow that was given to her during a trip to the Republic of San Marino.

DISCUSSION
Ms. Hoffman delivered the picture to City Hall on December 13, 2021, for display in the building (see attachment 3). No goods or services were provided in exchange for the contribution. The picture will add to the aesthetic appearance of the building and provide visitors with the opportunity to see a unique photograph. The donation will be permanent, as Ms. Hoffman has not requested that it be returned at any point.

FISCAL IMPACT & PROCUREMENT REVIEW
The subject donation will have no impact on the General Fund or to the City’s Donations Fund budget (Fund No. 281) for this fiscal year, as it is a non-monetary donation.

TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Michael Throne, Director of Parks and Public Works
Robert Bauman, Management Analyst
DATE: January 12, 2022
SUBJECT: ACCEPTANCE OF DONATION FROM NANCY HOFFMAN
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

Page 701 of 962 ends

LEGAL REVIEW
The City Attorney has reviewed and approved the staff report as to legal form.

RECOMMENDATION
Staff recommends that the City Council accept the donation of the picture. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to accept the donation of the crossbow picture from Ms. Nancy Hoffman.”

ATTACHMENTS

1. Donation Receipt Letter

2. City’s Donation Policy

3. Photo of Donation

Page 702 of 962 ends

December 13, 2021
Ms. Nancy Hoffman
San Marino, California 91108
Subject: Donation of Crossbow Photo
Dear Ms. Hoffman,
On behalf of the City of San Marino, please accept our sincere thanks for your gift of the San Marino Crossbow Picture, received by the City on December 13, 2021. No goods or services were provided in exchange for the contribution. This photo will be displayed in City Hall, enhancing the aesthetics of the building and providing visitors with the opportunity to see a unique photograph from San Marino, Italy.

The City appreciates all donations that are provided, as they speak to the generous nature of our residents and the community as a whole. Thank you again for your donation.

Sincerely,
Susan Jakubowski
Mayor

Page 703 of 962 ends

THIS PAGE LEFT BLANK INTENTIONALLY

Page 704 of 962 ends

Page 705 of 962 ends

Page 706 of 962 ends

Page 707 of 962 ends

THIS PAGE LEFT BLANK INTENTIONALLY

Page 708 of 962 ends

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Efficient, Responsive, and Effective City Services
• Safe Community
• Well-Maintained Infrastructure

BACKGROUND
On March 13, 2019, the City Council awarded a contract to FS Contractors, Inc., of Sylmar, for the multi-year sidewalk replacement program at various locations throughout San Marino. City Council approval is needed to accept the work and authorize staff to file a notice of completion for the final year (Year 4) of this contract.

DISCUSSION
The multi-year sidewalk replacement project began on April 16, 2019 and the final year (Year 4 of 4) was completed on December 3, 2021. Year 4 of the project included replacement of 31,459 square feet of 4-inch thick concrete sidewalk and 2,979 square feet of 6-inch thick concrete, for a total of 34,438 square feet (or approximately 1.0 mile of sidewalk replaced). In addition, two change orders were completed for several driveway approaches, as well as asphalt repair on Canterbury Road. The project was completed to the satisfaction of the City Engineer, all punch list items were resolved and the one-year warranty period covering the work has commenced.

FISCAL IMPACT & PROCUREMENT REVIEW
The final construction cost for Year 4 of the project was $363,958.11, meaning the project was completed $8,210.59 (or 2.2%) under the original contract price of $372,168.70. The FY 2021- 22 budget for the project was $439,000 and the project was $75,041.89 (or 17.1%) under budget.

TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Michael Throne, PE, Director of Parks and Public Works/City Engineer DATE: January 12, 2022
SUBJECT: APPROVAL OF NOTICE OF COMPLETION FOR YEAR 4 OF THE

MULTI-YEAR SIDEWALK REPLACEMENT PROGRAM PROJECT
NO. 18-9272
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

Page 709 of 962 ends

Unexpended funds return to the capital improvement fund reserves for use on other construction projects.

Procurement review is not applicable.

LEGAL REVIEW
The City Attorney reviewed the staff report and has approved it as to legal form.

RECOMMENDATION
Staff recommends that the City Council accept the sidewalk replacement program project as complete and authorize the City Clerk to file the notice of completion. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to accept Year 4 of the Multi-Year Sidewalk Replacement Program Project No. 18-9272 performed by FS Contractors, Inc., as complete and authorize the City Clerk to file the Notice of Completion.”

ATTACHMENT

1. Notice of Completion

Page 710 of 962 ends

S7130-0001\2310843v1.doc

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

CITY CLERK

CITY OF SAN MARINO
2200 Huntington Drive
San Marino, CA 91108
Free recording requested per Gov’t Code 27383 Space above this line for Recorder’s use

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion.

Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the owner is: CITY OF SAN MARINO

3. The full address of the owner is: 2200 HUNTINGTON DRIVE, SAN MARINO, CA 91108

4. The nature of the interest or estate of the owner is: In fee title

5. The full names and full addresses of all persons, if any, who hold this with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES

6. The full names and full addresses of the predecessors in interest of the undersigned. IF the property was transferred subsequent to the commencement of the work or improvements herein referred to:

NAMES ADDRESSES

7. A work of improvement on the property hereinafter described was completed on December 3, 2021.

The work was: Replacement of 1 mile of sidewalk with curb ramps at various locations throughout City.

Project No. 18-9272

8. The name of the contractor, if any, for such work of improvement was FS Contractors, Inc. of Sylmar, CA March 13, 2019
(IF NO CONTRACTOR FOR WORK OF IMPROVEMENT AS A WHOLE, INSERT 'NONE") (DATE OF CONTRACT)

9. The property on which the work of improvement was completed is in San Marino, County of Los Angeles, State of California, and is described as follows: Public sidewalk at various throughout the City, all work occurred within the public right-of-way.

10. The street address of the property is: None
(IF NO STREET ADDRESS HAS BEEN OFFICIALLY ASSIGNED, INSERT "NONE”) Dated: 01/12/2022
_________________________________________________, City Manager (SIGNATURE OF OWNER OR CORPORATE OFFICER OF OWNER NAMED IN PARAGRAPH 2 OR HIS AGENT)

VERIFICATION
I, the undersigned, say: I am the Director of Parks and Public Works/City Engineer of San Marino, the declarant of the foregoing notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on: January 12, 2022 , at San Marino, CA
(CITY) (STATE)
(PERSONAL SIGNATURE OF THE INDIVIDUAL WHO IS SWEARING THAT THE CONTENTS OF THE NOTICE OF COMPLETION ARE TRUE.)

Page 711 of 962 ends

THIS PAGE LEFT BLANK INTENTIONALLY

Page 712 of 962 ends

STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Well-Maintained Infrastructure

BACKGROUND
The adopted FY 2021-22 capital improvement plan includes a program to improve and upgrade the City’s stormwater drainage system. An extensive condition assessment was performed in 2020, which identified a concrete box culvert underneath Lacy Park as being the highest priority section to be replaced (Figure 1). Subsequently, the Parks and Public Works Department solicited for proposals and is recommending an engineering consultant to perform the necessary design work.

DISCUSSION
On November 10, 2021 the Department invited qualified, interested firms via PlanetBid.com to submit proposals for professional civil engineering services to prepare plans and specifications for the planned culvert replacement. The design work would be based on a condition assessment, analysis, and recommendations prepared for the City by Dudek in June 2020. Actual construction is planned to occur in 2023.

On December 10, 2021, the Department received no other proposals except from Dudek (see Attachment 2). Dudek is currently under contract with the City to complete the design work to improve all 3 sewage lift stations this month. Dudek has performed satisfactorily in their analyses and evaluations of our wastewater collection system and the storm drainage system, and staff recommends they be awarded an agreement to prepare the plans and specifications. Dudek will TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: Michael Throne, PE, Director of Parks and Public Works/City Engineer DATE: January 12, 2022
SUBJECT: AWARD OF A PROFESSIONAL DESIGN SERVICES AGREEMENT IN THE AMOUNT OF $264,606 TO DUDEK OF ENCINITAS FOR
LACY PARK BOX CULVERT REPLACEMENT PROJECT NO. 21-
8024 AND APPROPRIATING FUNDING IN THE AMOUNT OF
$59,606 FROM THE CAPITAL IMPROVEMENT FUND RESERVES

FOR THE WORK
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member

Page 713 of 962 ends

be evaluating an in-place culvert replacement and an alternative to relocate the pipe to underneath the inner road, which would preserve all the existing landscaping and not involve working underneath the Thurnher House where the culvert is suspected to have been installed.

Included with their engineering proposal is the optional use of a landscape architect to guide construction activities in order to protect and preserve the landscaping in Lacy Park. The Department is recommending this additional task be included, given the importance of the Park’s landscaping.

FISCAL IMPACT & PROCUREMENT REVIEW
The adopted FY 2021-22 capital improvement plan budget includes $210,000 in account no. 394- 46-4600-8024 (Culvert Replacement Program) for the preparation of plans, specifications and cost estimates. The $264,606.40 fee (including the recommended optional landscape architect expense of $15,803) proposed by Dudek represents 16% of the estimated future construction cost of $1,606,000 (not in this fiscal year’s budget). The Dudek fee is slightly more expensive than a typical storm drainage design project because it requires additional design detail due to the location’s special and unique features. However as it exceeds the adopted budget, the Department requests an appropriation in the amount of $54,606 for the engineering work and a $5,000 design contingency for the Director to use if necessary for a total appropriation of $59,606. The Finance Director has reviewed this staff report for compliance with San Marino City Code §02.06.05.B.5.

LEGAL REVIEW
The City Attorney reviewed the proposed agreement and has approved it to legal form.

RECOMMENDATION
Staff recommends that the City Council proceed ahead with awarding a professional design services agreement with Dudek to prepare plans, specifications and cost estimates for improvements to the Lacy Park drainage system. If the Council concurs, an appropriate motion would be:
“I move to award a professional design services agreement in the amount of $264,606, including Task 6.1 Landscaping Field Support, to Dudek of Encinitas, California, which is attached as Attachment 1 to the staff report, for the preparation of plans, specifications, and cost estimates for the Lacy Park Box Culvert Replacement Project No. 21-8024, authorize the City Manager to execute the agreement on behalf of the City, appropriate $59,606 to account 394-46-4600-8024 (Culvert Replacement Program) from the capital reserves balance, and authorize the Director of Parks and Public Works to issue design change orders not to exceed $5,000.”

ATTACHMENTS

1. Professional design services agreement

2. Dudek statement of qualifications and proposal

Page 714 of 962 ends

Figure 1 - LOCATION MAP

Page 715 of 962 ends

THIS PAGE LEFT BLANK INTENTIONALLY

Page 716 of 962 ends

PROFESSIONAL SERVICES AGREEMENT
LACY PARK BOX CULVERT REPLACEMENT PROJECT NO. 21-8024
between
The City of San Marino
2200 Huntington Drive
San Marino, CA 91108
&
DUDEK
605 THIRD STREET
ENCINITAS, CALIFORNIA 92024
This Professional Service Agreement (“the Agreement”) is made as of January 12, 2022 (the “Effective Date”), by and between Dudek (“Consultant”), a California corporation”, and the City of San Marino (“City”), a California municipal corporation, (collectively, “the Parties”).

Page 717 of 962 ends

RECITALS
A. City desires certain professional services as specified in this Agreement.

B. Consultant represents that it is qualified and able to provide City with such services.

NOW THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows:

AGREEMENT

1.0 Scope of Services

1.1. Consultant shall provide those services (“Services”) set forth in the attached Exhibit A.

1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local laws, ordinances, codes, and regulations.

2.0 Term
The term of this Agreement shall commence as of the Effective Date and shall continue through December 31, 2023 unless sooner terminated as provided in Section 5.0 of this Agreement.

3.0 Consultant’s Compensation
City will pay Consultant in accordance with the fee schedule set forth in Exhibit B but in no event will the City pay more than $264,606. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit B, unless otherwise approved by City in writing. Pursuant to Section 02.06.05 of the San Marino City Code, this Agreement shall not be effective unless previously approved by the City Council if it is for professional services greater than thirty thousand dollars ($30,000.00).

4.0 Method of Payment

4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during

Page 718 of 962 ends

which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant all undisputed charges within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other required or authorized deductions from payments made to Consultant.

5.0 Termination

5.1.City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least five (5) calendar days before the termination is to be effective.

5.2. Consultant may terminate this Agreement for cause in the event City fails to cure a default under this Agreement within thirty (30) days after Consultant has given City notice of such default.

6.0 Reports, Information and Work Product

6.1.Consultant shall deliver to City: (1) any reports on the status of the Services upon City’s request and in such time and in such form as City may require; and (2) all material furnished to Consultant by City upon City’s request and/or upon the expiration or termination of this Agreement.

6.2.Unless the Parties agree in writing, all draft and final reports, documents, and other written material, and any and all images, ideas, concepts, designs including without limitation any website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Consultant in the performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made for hire” for the benefit of City. All Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made. Consultant shall not obtain or attempt to obtain copyright

Page 719 of 962 ends

protection as to any of the Work Product. Consultant hereby assigns to City all rights of ownership to the Work Product, including but not limited to any and all related intellectual property and proprietary rights that are not otherwise vested in the City pursuant to this paragraph.

6.3.Consultant warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment, City shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose. Consultant shall defend, indemnify, and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city officials, harmless from any loss, claim, or liability in any way related to a claim that any use by the City of any of the Work Product violates federal, state, or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents, or other means of protecting intellectual property rights, and/or interests in products, ideas, or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret, or trademarked documents, materials, equipment, devices, or processes in connection with its provision of the Work Product produced under this Agreement. If any use by city of any of the Work Product or other deliverables is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using such Work Product and/or other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement.

6.4.Consultant’s obligations under this Section 6.0 shall survive the expiration or termination of this Agreement.

7.0 Party Representatives

7.2. Nicole Rieger is Consultant’s representative for purposes of this Agreement.

8.0 Notices

To City: City of San Marino
2200 Huntington Drive
San Marino, California 91108
Attn: City Manager

Page 720 of 962 ends

To Consultant: Dudek
605 Third Street
Encinitas, California 92024
Attn: Nicole Rieger

8.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

9.0 Independent Consultant

9.1. Consultant is an independent contractor and not an employee of City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision.

Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

9.3. In the event that Consultant provides any of the Services by or through any employee or any person whose work under this Agreement becomes cause for any payment or contribution required by law, including but not limited to the California Public Employees' Pension Reform Act (PEPRA), to the Public Employee Retirement System, Consultant shall be solely responsible for all such payments or contributions. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from Consultant’s failure to make any such payment or contribution. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. All duties of Consultant under this Section 9.3 shall survive termination of this Agreement.

Page 721 of 962 ends

12.0 Insurance

12.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers licensed to do business in California with a current A.M. Best’s rating no less than A:VIII unless otherwise approved in writing by City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability Coverage form (CG 0001); (2) Workers’ Compensation: Consultant shall maintain Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance; (3) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, (4) Professional Liability: Insurance Services Office Professional Liability Coverage form RHIC 6101. Consultant shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Workers’ Compensation: Consultant shall maintain Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance with limits of at least $1,000,000) per occurrence; (3) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (4) Professional Liability: $1,000,000 per claim/aggregate.

Page 722 of 962 ends

by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its directors, officials, or officers; (3) coverage shall be primary insurance as respects City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Consultant’s scheduled underlying coverage and that any insurance or self-insurance maintained by City, its directors, officials, officers, employees, agents and volunteers shall be excess of Consultant’s insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Consultant or for which Consultant is responsible.

12.5. Any deductibles or self-insured retentions shall be declared to and approved by the City Manager. Consultant guarantees that, at the option of the City Manager, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its directors, officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

12.6. Consultant waives any right to subrogation that any insurer of Consultant may acquire by virtue of payment of any loss under the policies required by this Agreement.

Consultant shall obtain any endorsement that may be necessary to affect this waiver of subrogation.

13.0 Indemnification, Hold Harmless, and Duty to Defend

13.1. Indemnity for Design Professional Services. To the maximum extent permitted by law, and to the extent caused by the acts or omissions of Consultant, its employees, or its agents in connection with the performance of design professional services under this Agreement, Consultant shall hold harmless and indemnify City, and its officials, officers, employees, volunteers, and agents serving as independent contractors in the role of City officials (collectively, “Indemnitees”), with respect to any and all claims, demands, causes of action, costs, expenses liability, loss, damage or injury in law or equity, to property or persons, including wrongful death, including without limitation the payment of all consequential damages, attorneys’ fees and other related costs and expenses (collectively, “Claims” hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, that arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, subcontractors, or agents in the performance of its design professional services under this Agreement. With respect to such Claims, Consultant shall,

Page 723 of 962 ends

at its own cost, expense, and risk, defend Indemnitees in any action or actions filed in connection with any Claims with counsel of Indemnitees’ choice, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees to the extent caused by the acts or omissions of Consultant, its employees, or its agents, as determined by judicial decision or agreement of the Parties.

13.2. Other Indemnities. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Damages” hereinafter) not covered by Subsection 13.1, Consultant shall, to the maximum extent permitted by law, defend, indemnify, and hold Indemnitees free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Consultant, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Consultant shall defend Indemnitees, at Consultant’s own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, City, its directors, officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement

13.3. Consultant must obtain executed indemnity agreements with provisions identical to those in Sections 13.1 and 13.2 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of the Services. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless, and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged, or threatened, arising or claimed to arise out of, pertaining to, or relating to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors, or their respective officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

Page 724 of 962 ends

15.0 Labor Certification

15.2. Consultant certifies that in the performance of this Services, Consultant shall not, in any manner, employ any person or contract with any person so that any Services so performed by such person would be subject to the workers’ compensation laws of the State of California unless and until Consultant gives City a certificate of consent to self-insure, or a certificate of Workers' Compensation Insurance Coverage.

17.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.

18.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.

19.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.

Page 725 of 962 ends

given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.

21.0 Headings
Headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.

24.0 Prohibited Interests; Conflict of Interest

24.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.

Page 726 of 962 ends

payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.

27.0 Corporate Authority

27.2. Consultant certifies it is aware of the requirements of Sections 313 of the California Corporations Code. If Consultant is a corporate entity, it shall either: (a) provide City written proof that each person executing this Agreement on Consultant’s behalf is duly authorized to bind Consultant; or (b) provide two signatories to this Agreement, of whom the first must be Consultant’s chairman of the board, president, or a vice president and the second who must be Consultant’s secretary, an assistant secretary, its chief financial officer, or an assistant treasurer..

IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the Effective Date.

Page 727 of 962 ends

CITY OF SAN MARINO
By: _________________________
Marcella Marlowe, Ph.D.

City Manager
Attest:

By: _________________________
City Clerk
Approved as to Form:

By: _________________________
Joe Montes,
City Attorney

CONSULTANT
By: _____________________________
(Sign)
Name: __________________________
(Print)
Title: __________________________
(Print)
By: _____________________________
(Sign)
Name: __________________________
(Print)
Title: __________________________
(Print)

Page 728 of 962 ends

Exhibit A
Scope of Services
Scope of Services found on the following page

Page 729 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 14 Proposed Understanding & Approach
Project Understanding
Lacy Park is a heavily used public space in the City of San Marino, California. The park is used 7 days a
week, 365 days a year from 7 am to 6 pm for general
recreation and permitted special uses. The park is
centered around an old lakebed which is now an open
grassy field and surrounded by numerous large trees,
landscaping, walking paths, a baseball diamond, and
children’s play structures. On the west side of park are public tennis courts and a rose garden. During the
summer months, the City hosts frequent events
popular with residents of San Marino and the adjacent
communities including music festivals, movie nights,
and food vendors. Dudek assumes the park will always
be occupied during construction which is reflected in
the proposed approach that minimize impacts and
does not limit the community’s ability to enjoy the
facilities.

Dudek understands that the box culvert traverses a
large section of Lacy Park from Virginia Rd on the east side to its connection to the downstream 54” RCP
storm drain east of the rose garden. The box culvert is in poor condition and requires immediate
replacement. From its upstream terminus, the culvert
immediately passes under and for the most part close
to surface features in the park that cannot be
disturbed during construction including a historic
building, a World Word II memorial for General George
Smith Patton, Jr., numerous mature trees, planted
garden beds, and paved walking/access paths that are
frequently used by park patrons. Potential subsurface
utilities in the vicinity of the project alignment include electrical conduits, irrigation lines, and the park’s own water distribution system. Avoidance of these features, as well as minimizing temporary impacts to park
access during construction, are the top priority for the City and the focus of the proposed approach. Preconstruction potholing, potential CCTV video of the storm drain system, and detailed surveying will provide the design team with an appropriate level of detail to
be able to minimize impacts to the park to the
maximum extent practical.

Project Approach
The Dudek project approach is centered around
minimizing impacts to the park and keeping access for
park patrons. During the design phase, Dudek will, in
coordination with the City, identify and develop
creative solutions for replacing the culvert. This will include potentially using pipes or alternative
alignments if replacing in-place is determined
infeasible following existing conditions verification and review. A final design and construction sequencing
Lacy Park Memorial for General George Smith
Patton, Jr.

Previously repaired section of the box culvert

Page 730 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 15 scheme that meets City requirements will be
thoroughly documented in the project specifications.

This may include prefabricating the storm drain
structures offsite to reduce the construction time
within the park and including stringent penalties for
delays. The following tasks present details for how
Dudek will complete the project on time and within
budget.

Task 1 Existing Conditions
Verification and Review

1.1 Kick-Off Meeting
Dudek will conduct a project kick-off meeting with the
City to present work plan and project instructions,
introduce the project team, refine, clarify and discuss project objectives, project schedule, preliminary
designs, City data sharing agreement, City strategies,
and construction budget. Dudek will also discuss the
timing of deliverables outlined in the RFP for each task below. This task will complete with Dudek preparing
and distributing kickoff meeting minutes

1.2 Site and Data Review
The Dudek team will perform a field visit, identify key site issues and constraints, and develop an overall
understanding of the site conditions. Dudek will also
perform detailed research on the existing Lacy Park
storm drain including review of available as-built plans, topographic maps, GIS information, the City’s
Stormwater System Condition Assessment, street
base maps, tract maps, geotechnical studies and other
reports to aid in the preliminary engineering design. In addition, it is expected that the City will provide us with as-built plans for the existing irrigation system and
other landscape components in the Park.

In addition, Dudek will verify location of storm drain
facilities identified in the 2006 MPD. The specific
elements to be verified include coordinates and invert
elevations for laterals and inlets, manholes, junction
and transition structures, grade breaks, lateral storm
drain sizes, downstream and upstream systems and
all necessary to help establish accurate alignment and
hydraulic capacity of the existing box culvert and its
tributary laterals.

Dudek will meet and coordinate with City maintenance
staff to determine any historical flooding conditions of the proposed project site and adjacent tributary
streets. A Dudek Landscape Architect will conduct a
site visit to review site conditions and topography,
perform a reconnaissance natural resources
assessment, and review opportunities and constraints
for landscape improvements/remediation in support of
the culvert replacement and coordinate with City staff, including the Park Maintenance Superintendent. This
includes conducting a reconnaissance confirmation of
existing field conditions reported in previous studies
for the project, and for use in preparing design
concepts for landscape improvements/remediation.

During the site visit, we will confirm key conditions
related to the landscape design, including soil types;
existing vegetation; existing park facilities, operations, and uses; existing irrigation systems; and other
qualitative observations. Our field review will facilitate development of the landscape design, including
verifying and refining the elements of the design and
schematic details.

It is highly recommended that an optional task for
CCTV investigation be performed on the existing box
culvert. There is a section that was blocked and
unable to be viewed during the condition assessment.

This survey will confirm if any other laterals exist along the storm drain length that need to be accounted for in the design and will minimize disturbance to the park
facilities in the investigation phase.

From the information obtained during site and data
view, Dudek will review and compile information for
project base sheets and identify potential conflict
locations or constraints, which may affect the design
of project.

1.3 Land Surveying and Mapping
The Dudek team will prepare a design level Aerial
Topographic Survey (photogrammetry with
conventional field surveying) for the area surrounding
the current storm drain culvert location using the City datum (NAS 83 & NGVD 88) and will show one-foot
contours and prominent surface features, in
conformance with City standards. The boundary
component of the survey will include a field boundary

Page 731 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 16 verification denoting current property lines and
easements of record as shown on a current title report
to be ordered by the Dudek team.

The Dudek team will prepare a base map showing the
topographic survey with record boundary and right-ofway information. Supplemental field survey will be performed to collect the existing storm drain system
invert elevations, tree locations, and other site and
utility information needed in the design process. It is assumed two (2) days of supplemental files survey will
be performed. We will prepare AutoCAD data for use
in the design oof the proposed improvements. Based
on the location of the existing storm drain, it is
assumed that legal descriptions and plat maps will not
be needed.

1.4 Geotechnical Investigation
Dudek team member Converse Consultants will review
the previous geological and geotechnical reports and
information for the project area and surrounding are
including groundwater depth information. A site
reconnaissance and sub surface exploration activities
will be conducted by drilling two borings to a depth of 10 to 15 feet below existing ground base on the
estimated proposed storm drain depth of 4 to 7 feet
below existing ground. The boring will be drilled with a truck-mounted rig (CME 75 or equivalent) equipped
with 8-inch diameter hollow-stem augers for soils
sampling. The purpose of the borings is as follows.
▪ Classify the soils within the boring.
▪ Collect relatively undisturbed and bulk soils
samples within the boring for laboratory
testing.
▪ Estimate the extent and depths remedial
grading.
▪ Determine the depth to ground water, if
encountered.

Soils that are encountered will be continuously logged
and classified by a Converse geologist/engineer in the
field by visual examination in accordance with the
Unified Soil Classification System. Groundwater levels, where encountered in the borings, will be recorded.

Both undisturbed ring samples and/or bulk samples of
the subsurface materials will be obtained at three-foot to five-foot intervals changes in the boring, at changes in soil profiles, or where unusual conditions are
encountered. The relatively undisturbed ring samples
will be obtained using a Modified California Sampler
(2.4-inch inside diameter and 3.0-inch outside
diameter) lined with thin-walled sample rings. The soil will be retained in brass rings (2.4 inches in diameter and 1.0 inch in height) and carefully sealed in
waterproof plastic containers for shipment to the
laboratory. Bulk samples of representative soil types
will be collected in plastic bags.

The boring will be backfilled with native soils/cement
mix and compacted by pushing down on augers using
the weight of the drill rig. If construction is delayed the surface may settle over time. We recommend the
owner monitor the boring and backfill any settlement
or depression that might occur or provide protection
around the area of the boring locations to prevent trip and fall injuries from occurring near the area of any
potential settlement.

Soil samples obtained during exploratory drilling will be tested in our laboratory to evaluate their physical
characteristics and engineering properties. Laboratory
testing may include, but will not necessarily be limited to, the following.

View of alignment through park

Page 732 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 17 ▪ In-place moisture and density.
▪ Expansion Index
▪ Soils Corrosivity.
▪ Sieve analysis.
▪ Laboratory maximum density.
▪ Direct shear.
▪ Consolidation
Data obtained from the exploratory borings and
laboratory testing program will be evaluated to prepare a report which will include the following: project
description, present condition of the park along the
storm drain alignment, logs of the exploratory borings, depth of groundwater, if encountered, discussion on
the laboratory test results including soils corrosivity, local geology and faulting, seismic parameters based
on 2019 California Building Code, liquefaction
potential along the alignment based on available
information, allowable soils bearing pressures,
allowable at-rest, active, passive and seismic lateral
earth pressures, settlement estimates, storm drain
box bedding recommendation in accordance with the
City of San Marino, excavatability of the soils along the storm drain box alignment, jacking and receiving pits
backfilling recommendations, stability of temporary
trench excavations, suitability of excavated materials
for use as bedding and backfill, storm drain box
subgrade preparation recommendation, and storm
drain box backfill recommendations.

This task assumes no fees will be required from the
City for an encroachment permit and restrictions on
boring locations will be established early in the design process. The task will also include review of right-ofway constraints including street right-of-way, construction easements and utility easements.

1.5 Utility Research
The utility research will be performed in to determine
potential utility conflicts for the proposed design. If needed, potholing services will be performed by
Underground Solutions to locate utilities that may
impact the design and constructability. The potholing
services are anticipated to occur after the schematic
design phase as part of the design development phase
and the pothole locations will be surveyed. This task
will also include coordination with utility agencies to receive information on utility locations and size to
avoid potential conflicts. It is anticipated that ten (10) potholes will needed to locate existing utilities.

Potholing effort may require traffic control plans and
permitting through the City. It is assumed there is no
fee for City permits. Additional potholing may be
performed for an additional fee.

Task 2 Schematics (30%
Design Phase)

2.1 30% Design Plans
Drawings will include, at a minimum, all major plans
and sections developed with key details developed.

The limits of construction will be defined, and the
project description will be determined for
environmental review and permitting needs. Dudek
team member Kelsey Structural will provide support
for the structural system selection and feasibility on
the design and provide design criteria related to the
structural design. This task also included the
development of landscape design criteria which will
include measures to minimize impacts on existing park
operations and use and aesthetics. Landscape
remediation treatments will allow for quick reuse of
the park upon completion of the culvert replacement
construction. For example, sod may be prescribed for
turf area repairs.

Deliverables:
▪ Digital files of full size plans (scalable)
▪ Draft reports

2.2 Drainage Analysis
A hydrology and hydraulics analysis will be needed to
properly size the storm drain system. Dudek will
prepare a drainage report based on the County of Los
Angeles hydrology (rational method) and hydraulic
methodologies. It is assumed that the system will be
designed for the 50-year frequency based on

Page 733 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 18 procedures and guidelines in the Los Angeles County
Hydrology manual. A drainage report will be prepared
and submitted with the schematic design phase and
updated as necessary for the subsequent submittals.

Task 3 Design Development
(80% Design Phase)

3.1 80% Design Plans
Drawings will include, at a minimum, all major plans
and sections developed, and a portion of details
developed. City comments from the 30 percent plans
will be addressed along with a response to comments
matrix.

Deliverables:
▪ Digital files of full size plans (scalable)
▪ Draft reports

3.2 Structural Analysis and Design
The Dudek team will provide structural drawings,
specifications and calculations for the storm drain
improvements including precast structure section,
manhole and lateral tie-ins and up to 2 custom
concrete structures at the inlet and outs of the system.

The preliminary structural design of the new box or
pipe culverts will include minimum wall/slab thickness
and reinforcing. Box/pipe culvert sections are
anticipated to be standard precast concrete sections
with a final design that will be performed by the
contractor/precast manufacturer. Anticipated detailing
includes pour/closure strips for tying structural
sections and waterproofing. Concrete sections are
anticipated to be standard precast concrete sections
with a final design that will be performed by the
contractor/precast manufacturer. Structural plans,
sections and associated details with be provided for
the concrete structures. Structures will be detailed so that they may be prefabricated to allow for off-site
construction and simplistic installation.

3.3 Landscape Design
Dudek landscape architects will prepare landscape
architecture construction drawings addressing planting
and irrigation improvements/remediation for the
project. Our construction drawings will consist of
planting notes, plant lists, and planting plans
addressing the physical relationships of landscape
improvements/remediation treatments, and related
details. In addition, we will prepare construction
drawings for irrigation system retrofits to facilitate
plant establishment. It is assumed that the existing
irrigation system can be modified to water the
plantings needed for the landscape
improvements/remediation to address the culvert
replacement. If needed, any new irrigation
components will be tied into the existing system.

3.4 Technical Specifications
To complement the construction drawings and
communicate the level of quality required during
construction, Dudek will prepare the Special Provisions portion of the Construction Specifications and
Contract Documents suitable for bidding and awarding
of the Contracts for the civil engineering improvements to be constructed.

It is anticipated that the City will provide standards and examples that will used in the preparation of the
project specifications. The fee for this work item is
based on the preparation of one master set of project
specifications for the proposed improvements and
excludes the development of specifications for
multiple construction phases or additional
specifications for bidding purposes. Specifications for the project will conform to the most recent applicable
standards and specification from the City or Standard
Specifications for Public Works Construction.

To complement the construction drawings and
communicate the level of quality required during
construction, we will prepare detailed technical
sections of construction specifications for the
landscape improvements/remediation treatments. The
construction specifications will be prepared in a Citydirected format; up to 4 technical sections will be prepared, including site preparation, irrigation system, planting and seeding, plant establishment
maintenance. In addition, we will provide input for
landscape bid items.

Page 734 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 19

3.5 Construction Cost Estimate
Dudek will provide engineering services for the
preparation of the construction quantity and
engineer’s cost estimate. The quantities will be
developed from the final construction plans prepared
for the project improvements. Unit costs will be based
upon the most current cost information for recent
similar projects in the area compiled by Dudek and
approved by the City. Construction costs will include an estimate of excavation requirements, traffic control
plan implementation, tree protection and landscape
repairs. Two quantity and cost estimates will be
prepared at (1) 80% project submittal, and (2) 100%
project submittal.

Dudek will refine and prepare a detailed construction
cost estimate for the landscape
improvements/remediation treatments of the project
to ensure that the design will conform to the
construction budget. As with the Detailed Design
estimate, this estimate will include a brief description, identification of the relevant unit, approximate
quantity, unit cost, and calculation of the extended
cost for each item based on construction bids received
from past projects, industry standards, and our
professional experience
Task 4 Construction
Documents (Final Design Phase)

4.1 Final Design Documents
The drawings and specifications shall be stamped and
signed by a professional engineer of the appropriate
engineering discipline, as well as landscape architect
registered in the State of California. In addition, the Final submittal will address or resolve all City
comments from the 80-percent progress submittal
package.

Deliverables:

Digital files of full size plans (scalable). We have
allocated the following plan sheets (30 sheets total) in our scope and budget:
▪ Title Page & Index – 1 sheet
▪ Legend & Notes – 2 sheets
▪ Demolition Plans – 2 sheet
▪ Construction Details – 2-3 sheets
▪ Grading/Storm Drain Plans (20 scale) – 4
sheets
▪ Landscape and Irrigation Plans & Details – 11
sheets
▪ Structural Notes & Details – 8 sheets
▪ Final reports
▪ Specifications
▪ Construction Cost Estimate
▪ AutoCAD files of the entire construction
drawing set
Task 5 Bidding and
Procurement Support
Dudek will provide support services as required during
the bid/award phase for any questions/clarifications
from the contractor and prepare any revisions that may
be necessary. This task will include 4 RFI’s maximum,
and 1 Addendum maximum.

Task 6 Construction Support
Phase
Dudek will provide engineering support services during
construction of the project which will include response to RFI’s, evaluation of value engineering or change
orders, attendance at site meetings, review of
submittals (shop drawings), and preparing
construction changes to the drawings. This task
assumes up to two (2) site/construction meetings,
response to up to ten (10) RFIs, review of up to three
(3) shop drawings, and review of three (3) change
orders at City’s request. This task does not include
Construction Management.

Task 6.1 Landscape Construction
Field Support (Optional)
If requested by the City, our landscape bid assistance
services will include additional field support during the construction phase to return the park back to its

Page 735 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 20 current condition. These services will include
participating in 1 pre-bid meeting with prospective
contractors and evaluating submitted bids. During the
pre-bid meeting, Dudek will present the project goals
and objectives relative to the landscape
improvements/remediation treatments addressed in
our PS&Es and participate at a site tour for prospective bidders. Upon reviewing the contractor bid proposals
and qualifications, Dudek can provide our
recommendations for contractor selection by way of a
written memorandum. We will participate in 1 bid
evaluation meeting with the City; it is assumed that the meeting will occur virtually by way of Zoom, Microsoft
Teams, or similar software.

During construction, a Dudek landscape architect will
participate in regular meetings before, during, and
upon completion of the construction. We expect that
the meetings will include up to 1 pre-construction
meeting at the project site and 2 additional
coordination meetings at the project site during
construction progress. We expect, and our scope
assumes, that the construction progress site
observations. We will prepare written meeting minutes
following each meeting to document the proceedings,
and action items resulting from the meetings. We will
provide our meeting minutes by way of email to the
City for their use in circulating the notes to all parties involved.

While onsite for the coordination meetings, Dudek
landscape architects will provide onsite field review
and observations of the project’s landscape
construction progress for the landscape
improvements/remediation treatments. As part of our
field review, we will provide recommendations for any
design adjustments as needed to field-fit the
landscape design to unexpected site conditions, and to
facilitate proper scheduling and phase sequencing for
project success. We expect that the field review will
include observations of the contractor’s layout of the
landscape improvements/remediation treatments. In
addition, we expect to observe the contractor’s
progress of site preparation for planting, irrigation
system retrofits, and planting efforts. Following each
observation, we will prepare field reports summarizing
the landscape installation progress, observations, and
clarifications or recommendations to construction
operations for the City’s use in coordinating with the
contractor. We expect to be on site 2 days during
project construction to conduct our field review and
reporting. As noted above, we expect, and our scope
assumes, that the periodic field reviews will occur on
the same days as the onsite coordination meetings for
efficiency. If additional site observations are
requested, Dudek will provide these under a scope
augmentation.

Upon completion of all construction work we will
conduct 1 Final Project Acceptance landscape
observation with our Engineering design team, the City, the contractor, and others as necessary, to evaluate
the contractor’s conformance to the Final Submittal
landscape PS&E, and project schedule. Our Final
Project Acceptance assistance will be focused on the
landscape improvements/remediation treatments. We
expect that the meetings will include 1 final
acceptance project site meetings.

If, after an observation, we are satisfied with the
landscape construction to date, we will provide our
written recommendation to the City for a notice of
provisional acceptance of the landscape construction
for consideration by the City. If, after an observation, we are dissatisfied with the landscape construction to
date, we will prepare a written punch list to the City’s attention of recommended corrective actions on
defective, unacceptable, and/or incomplete work. We
will conduct 1 additional site observation to re-observe the project for completion of the recommended
corrections. The re-observations will not occur until all punch list items from any previous observations are
corrected. If, after the re-observation, we are satisfied with the landscape construction, we will then provide
our written recommendation to the City for a notice of
provisional acceptance of the landscape construction
for consideration by the City. This task does not
include Construction Management.

Task 7 Close Out Phase
Once the project has been deemed complete, Dudek
engineers will review the redline construction plans

Page 736 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 21 from the Contractor and will prepare the record asbuild plans for archive by the City.

Task 8 Project Management &
Meetings
Dudek will provide a project progress report each
month with our invoice that will include tasks
completed for the reporting period, tasks anticipated
for the next period, schedule status and updates and a
summary of the project budget expenditure to dates.

Project schedule, budget and progress are monitored
by earned-value schedules and budget tracking. The
tracking system uses the project Work Breakdown
Structure (WBS), combined with the project schedule
to map the estimated projected accumulation of cost
from beginning to end, referred to as the Base Line. As the project advances, the project manager
communicates with the team on a regular basis to
evaluate each task for completion and compares total
earned value to project billings to establish a highly
accurate budget status at any point in the project.

Proactively managing the project schedule and budget
from the onset of the project provides the project
manager with the early warning indicators necessary
to manage the work effort and protect the project
budget.

Dudek will attend project meetings at kickoff,
Schematic Review, Design Review, and Construction
Review or as needed or requested by the City to
provide consulting services related to project
coordination. The purpose of these meetings may
include a review of the progress of work included in
this Contract, or consultation and discussion needed
on project issues. Consultation will be provided with
the City to resolve design related issues and ensure
the progress of the project. The meetings and
consultation allow adequate communication with the
City to allow input and feedback during the design
process. This task has been budgeted for three (3)
virtual meetings for design reviews.

Task 9 Additional Services
If requested by the City, the Dudek team will provide
additional technical support to the City under a contact scope and cost augmentation.

Page 737 of 962 ends

Exhibit B
Fee Schedule
Fee schedule found on the following page

Page 738 of 962 ends

Task 1

1.1 1.2

1.3 1.4

1.5 Task2
Task 2.2
Task3

3.1 3.2

3.3 3.4

3.5 Task4
Task5
Task&
Task7
Task&

8.1 8.2

8.3 . ' . .

City of San Marino
P2211168 (Lacy Park Box Culvert Replacement Project)

DUDEK FEE ESTIMATE
12/10/2021
Project
Manager/ Project Engineer
Project Team Role: Engineering Ill/Technician Ill
Team Member: Nicole Rieger Shannon Brown
Billable Rate: $235.00 $190.00
Exls11ng Condition Verification and Review
Kickoff Meeting 6 6
Site and Data Review 2 8
Land Surveying and Mapping 4
Geotechnical Investigation 4
Utility Research 2 4
Subtotal Task 1 10 26
Schematics 30% Dllllgn Ph11e) 4 16
Drainage Analysis 2 8
Dasign Devlllo ment (80% Daslgn Phase)
80% Design Plans 4 10
Structural Analysis and Design 4
Landscape Design 4
Technical Specifications 8
Construction Cost Estimate 2 4
Subtotal Task 3 6 30
Conltnlc:tlon Docu ignPh 4 8
Bklclng_and rt 2 4
Construction Su 8 16
Clole Out Phaee 2 4
Project Management & Meetings
Project Management 30
Meetings 6 6
QA/QC
Subtotal Task 8 36 6
Project Engineer
II/Technician II
Project Engineer
II/Technician II
$185.00
20 24
44 72
50 40
40 16
96 32
16 40
20 P2211168 (Lacy Park Box Culver Replacement Project)
Dudek Labor Hours and Rates
Project
Principal Director/ Project
Engineer II Specialist V Specialist V Environmental Coordinator Edward TOTAL Charles Gr&ely John Zanzi Armstrong John Minchin Michelle Kinney DUDEK DUDEK LABOR $265.00 $180.00 $180.00 $245.00 $140.00 HOURS COSTS
2 2 16 $3,270.00
18 2 50 $9,290.00
4 $760.00
4 $760.00
30 $5,670.00
20 4 104 $19,750.00
16 8 118 $21,620.00
80 $11,240.00
54 $10,240.00
4 $760.00
18 16 2 40 $7,370.00
4 52 $9,980.00
4 26 $4,910.00
4 22 16 2 176 $33,260.00
60 42 8 154 $28,700.00
8 30 $5,830.00
20 84 $15,920.00
38 62 $11,410.00
16 46 $9,290.00
12 $2.550.00
16 58 $11,840.00
Total Hours 74 118 370 4 182 70 10 16 844
DUDEK
Subconsultant Fees
General Services General Services General Services General Services General Services Converse Michael Baker
Calvada Consultants Kelsey Structural International USI OTHER DIRECT Fee Fee Fee Fee Fee COSTS TOTAL FEE
$140.00 $3,410.00
$848.60 $10,138.60
$29,975.00 $30,735.00
$9,707.50 $10,467.50
$10,884.50 $16,554.50
$988.60 $71,305.60
$21,620.00
$11,240.00
$10,240.00
$26,598.00 $27,358.00
$7,370.00
$9,980.00
$4,910.00
$59,858.00
$28,700.00
$5,830.00
$280,00 $16,200.00
$11,410.00
$9,290.00
$2,550.00
$11,000.00 $11,000.00
$22,840.00
Total $17,390.00 $22,420.00 $68,450.00 $1,060.00 $32,760.00 $12,600.00 $2,450.00 $2,240.00 $159,370.00 $29,975.00 $9,707.50 $26,598.00 $11,000.00 $10,884.50 $1,268.60 $248,803.60 Percent of Hours (Base) 9% 14% 44% 0% 22% 8% 1%
72 Percent of Hours (Optional+ Base) 8% 13% 40% 0% 28% 8% 1% 2%
72 $12,960.00
I II
2%
II • I I , •: II
$2,842.80
•I

Page 739 of 962 ends

THIS PAGE LEFT BLANK INTENTIONALLY

Page 740 of 962 ends

PROPOSAL

CULVERT REPLACEMENT PROGRAM - LACY PARK

BOX CULVERT REPLACEMENT PROJECT
NO. 21-8024

CITY OF SAN MARINO
DECEMBER 10, 2021
605 Third Street / Encinitas, CA 92024 / 760.942.5147

Page 741 of 962 ends

Section 1 |
Proposal Summary

Page 742 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 i Proposal Authorization
Transmittal Letter
December 10, 2021
Michael Throne, P.E., QSD
Director of Parks and Public Works/City Engineer
2200 Huntington Drive
San Marino, California 91108
Subject: RFQ/RFP for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024
Dear Mr. Throne,
Dudek sincerely appreciates the opportunity to present our proposal for the above referenced project to the City of San Marino (City). Upon award of contract, it is Dudek’s intent to enter into a Professional Services Agreement with the City for the Services as defined in this RFQ/RFP and all Addendum/Addenda hereto. This Transmittal Letter is being signed by the person(s) authorized to obligate Dudek contractually.

Table 1 provides a summary of City requested information.

Table 1. Authorization, Company and Team Member Information Proposal Authorization
Name, title, telephone and facsimile
numbers and e-mail address of the person
authorized to negotiate for and contractually
obligate Dudek pursuant to all terms and
conditions stated in the Proposal.
(Please see Section 3, Exhibit H.)
Joseph Monaco, AICP, President and CEO
T: 760.942.5147 / F: 760.632.0164 / E: [email protected] Bob Ohlund, PE, Vice President
T: 949.450.2525 / F: 949.450.2626 / E: [email protected] City Requested Information
Firm name, headquarters address, telephone
number, fax number and web address.

Dudek
605 Third Street, Encinitas, CA 92024
T: 800.450.1818 / 760.942.5147 / F: 760.632.0164
www.dudek.com
Names of Dudek Officers
All officers may be reached at the Encinitas
address above
Joe Monaco, AICP, President and CEO, 760.479.4296
Bob Ohlund, PE, Vice President, Engineering, 760.479.4120 Eric Wilson, Vice President, Environmental, 626.204.9821 Amy Paul, Secretary/General Counsel, 760.479.4242
Christine Moore, CFO/Treasurer, 760.479.4873
Emily Hart, Asst. Secretary/Marketing Director, 760.479.4232 Brian Nordmann, Chief Information Officer, 760.479.4225

Page 743 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 ii City Requested Information, cont.

Dudek Board of Directors
All Board members may be reached at the
Encinitas address and telephone number
above
Joe Monaco, AICP
Bob Ohlund, PE
Eric Wilson, LEED AP
Sarah Lozano, AICP
Jill Weinberger, PhD, PG
Tom Larkin (Outside Director)
Gerry Salontai (Outside Director)
Bob Kelleher (Outside Director)
Meg Lassarat (Outside Director)
Project Manager and point of contact for
clarification of this project.

Nicole Rieger, PE, Project Manager
T: 760.479.4148 / M: 760.334.1349 / E: [email protected] Proposed Project Key Team Members Russ Bergholz, PE, PMP / Principal in Charge Nicole Rieger, PE, QSD / Project Manager
Tim Muli, PE, LEED AP, CFM / Michael Baker, Intl. / QA/QC Charles Greely, PE, LEED AP, QSD / Design & Site Civil
Proposed Subconsultants
Quality Assurance/Quality Control
Michael Baker Intl. / Tim Muli, PE, CFM / Surface Water Manager / 949.472.3483
Geotechnical Engineering Converse Consultants, Inc. / Robert Gregorik II, PE, GE / Senior Geologist / 909.474.2835
Potholing & Utilities Underground Solutions, Inc. / TC Mueller, VP Operations / 760.294.9449
Structural Engineering Kelsey Structural, Inc. / Guy Kelsey, PE, SE / Principal / 619.534.1150
Survey & Mapping Calvada Survey, Inc. / Saul Melgarejo, PLS / 951.280.9960 We are pleased to have the opportunity to continue working with the City of San Marino. Should you have any questions, or require any additional information, please do not hesitate to call or email Ms. Nicole Rieger at 760.479.4148 / [email protected].

Sincerely,
__________________________________ _____________________________________ Joseph Monaco, AICP Bob Ohlund, P.E.

President and CEO Vice President

Page 744 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 iii Table of Contents
SECTION 1 – PROPOSAL SUMMARY
Proposal Authorization and Transmittal Letter................................................................................................................................i Executive Summary ...........................................................................................................................................................................1 Pricing Proposal ..................................................................................................................................................................................3 Dudek Qualifications and Experience ...........................................................................................................................................4 Dudek Client References ...................................................................................................................................................................9 Proposed Approach .........................................................................................................................................................................14 Performance Criteria .......................................................................................................................................................................22 SECTION 2 - FINANCIAL AND RELATED INFORMATION
Financial Statements.......................................................................................................................................................................24 Letter from Insurance Broker.........................................................................................................................................................25 Prior Claims and Litigation..............................................................................................................................................................26 SECTION 3 - RESPONSE FORMS
Exhibit H Proposal Authorization..............................................................................................................................................27 Exhibit I Acknowledgment of Addendum Form(s)................................................................................................................28 Exhibit E Acceptance of Form of Professional Services Agreement and Attachment 1..................................................29 Exhibit G Proposal Organization Checklist..............................................................................................................................31 SECTION 4 – DISCRETIONARY SUPPLEMENTAL MATERIALS
Explanation of Relevancy of Discretional Supplementary Materials (if any) ...........................................................................32 TABLES
Table 1. Authorization, Company and Team Member Information ..........................................................................................i Table 2. Proposed Specialty Subconsultants..................................................................................................................................4 Table 3. Team Personnel Qualifications ..........................................................................................................................................7 Table 4. Key Personnel Workload and Availability .........................................................................................................................8

FIGURES
Figure 1. Dudek Resources .............................................................................................................................................................2 Figure 2. Proposed Project Organization Chart...............................................................................................................................5

APPENDIX
A Resumes

Page 745 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 1 Executive Summary
Dudek is a California-based engineering consultant
with nationwide offices and more than 700
professional staff representing a broad spectrum of
engineering planning and design, scientific, and
management disciplines. Through our understanding
of local and California regulations and depth of project experience, Dudek’s professionals provide creative
and successful solutions for projects by balancing
regulatory mandates and technical requirements
within financial and scheduling constraints. These
capabilities result in lower overall project costs, onschedule delivery of work products, and enhanced project control. relevant to your identified needs.

Following are key aspects of our approach for
successful project execution:

Distinctively Qualified Project
Team
Dudek’s proposed project manager, Nicole Rieger, PE,
QSD, has managed multiple drainage planning and
design projects and offers a project management style
that promotes collaboration, progress, and creative
problem solving. Ms. Rieger and the Dudek team are
committed to being:
▪ Informed. Fully understanding the project and
client goals;
▪ Resourceful. Identifying problems and finding
practical, cost effective solutions;
▪ Responsive. Providing frequent
communication and responding to phone calls
and emails; and
▪ Efficient. Maintaining project budgets and
momentum.

Relevant Planning and Design
Experience
The Dudek team has a history of delivering projects to
cities and California agencies and have assembled a
team of experienced professionals who have worked
on these projects. This allows the Dudek team to hit
the ground running, eliminating any delay or
disruption.

Timely Responses
Dudek takes pride in quick response times. Our team
has the availability to start work on this project
immediately. We provide frequent and regular progress
updates on key work tasks, meetings, and processes.

We anticipate and resolve potential problems ahead of
time by keeping the City informed and determining
if/when City staff may need to get involved and offer
alternatives to mitigate unnecessary delays.

We take our commitment to client responsiveness
seriously, leveraging state-of-the-art technology to
maintain productivity and keep our teams connected,
both internally and externally. We provide robust virtual support for our clients, maintaining continuity in critical projects across any scenario.

Dudek at a Glance
▪ Multi-disciplinary engineering,
environmental and construction
management services
▪ 700+ employees
▪ Top ENR California Design Firm
(ENR 2020)
▪ Top Trenchless Design Firm
(Trenchless Technology 2020)
▪ Top 120 US Environmental Firm
(2021)

Page 746 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 2 Experience with the City
Dudek assisted the City with the stormwater system
condition assessment, completed in 2020, which
included existing stormwater system base mapping,
condition assessment of the City’s stormwater system
infrastructure, capital improvement program (CIP)
recommendations to increase the longevity of the 90-
year-old stormwater system, and a management plan
for execution of proposed projects and maintenance
recommendations. This assessment found the Lacy
Park storm drain to be the highest priority repair project due the conditions observed in sections of the system.

Dudek also worked with the City on the sewer master
plan and is currently providing design services for the lift station improvement program to modernize three
list station facilities and improve the operations,
reliability and efficiency of the lift stations.

Resources and Capability
As noted, the Dudek team will be led by Nicole Rieger,
a stormwater specialist with 18 years’ experience
serving public clients in California. She can draw on
the resources of the Dudek team of 700+
professionals to bring the appropriate expertise to your project, considering project needs and available
budget. Figure 1 conveys Dudek’s depth of services
and resources.

Figure 1. Dudek Resources

Page 747 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 3 Pricing Proposal
Per the City of San Marino, Dudek has submitted a cost proposal in a separate, sealed envelope to be received by the City no later than 3 business days after the proposal due date.

Dudek states that our cost proposal shall be in effect for one hundred twenty (120) days from the date of submission.

Page 748 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 4 Dudek Qualifications and Experience
The staff you see in our proposed project organization chart (Figure2) are the staff you will see on the project site – doing the work and interacting with City staff. That is our promise to you! Dudek will serve as the prime consultant providing
overall management, planning, report preparation, and
City coordination. Dudek has organized the team in the
manner illustrated in Figure 2 on the next page. Nicole Rieger, PE, QSD, will lead the team as project manager.

Nicole has over 18 years of experience in civil
engineering, specializing in floodplain, drainage, and
stormwater quality.

Supporting Nicole will be Russ Bergholz, PE, PMP, as
principal in charge, with over 25 years’ infrastructure planning and design experience.

Tim Muli, PE, CFM, (MBI), will provide quality control/ assurance for the project. He brings over 21 years of
experience in flood control, storm drain design and
modeling.

Table 2 presents trusted specialty subconsultants with
whom Dudek often partners. These firms have been
chosen specifically for this project and are held to the same exacting quality standards as Dudek staff.

Table 2. Proposed Specialty Subconsultants
Proposed Subconsultants and Contact Information
Quality Assurance/
Quality Control
Michael Baker International (MBI) / Tim Muli, PE, CFM (formerly with Dudek) / 949.472.3483
Geotechnical Engineering Converse Consultants, Inc. / Robert Gregorik II, PE, GE / Senior Geologist / 909.474.2835
Potholing & Utilities Underground Solutions, Inc. / TC Mueller, VP Operations / 760.294.9449 Structural Engineering Kelsey Structural, Inc. / Guy Kelsey, PE, SE / Principal / 619.534.1150 Survey & Mapping Calvada Survey, Inc. / Saul Melgarejo, PLS / 951.280.9960 Our project organization chart follows this page.

Dudek understands that substitution of personnel
named in the Proposal during the Proposal process or
during performance of the Services shall require City’s written approval. Dudek shall submit a written request
for the substitution, including the reason for the
requested substitution and a detailed resume for the
new proposed person demonstrating that he or she
meets the minimum requirements for the position.

Dudek understands that failure to obtain City’s
approval of substituted personnel within 15 days of
the effective date of the substitution will result in
financial penalties to be specified in the Professional Services Agreement.

Dudek provided the following information in the
Transmittal Letter on pages i-ii (Dudek legal structure and its managerial personnel).

Page 749 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 5 Figure 2. Proposed Project Organization Chart
On the following page we provide brief biographical
overviews of key personnel. Table 3 offers information
regarding the Dudek support team, including
subconsultants.

Proposed Line of Communication
The most effective project manager is one who
facilitates the continuous flow of information, data,
instructions, and guidance between the City, Dudek
team members and sub-consultants. When
maintaining this flow, we utilize resources efficiently and minimize wasteful rework. We achieve constant
communication through:
▪ Regularly calling or emailing the City’s key
contact staff person to discuss project/task
milestones, activities, and potential issues;
▪ Holding regular project management meetings
with key staff to coordinate work efforts,
monitor task completion, and review budget
conformance;
▪ Updating, as necessary, the project
description(s), schedule(s), work progress
reports, and inventories of available data so
that all team members are aware of
information that may affect their work
products and schedules;
▪ Meeting with City staff at design milestones
and other strategic junctures; and
▪ Diligent documentation of issues, action
items, and decisions.

Page 750 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 6 Russ Bergholz, PE, PMP

PRINCIPAL IN CHARGE
Education
University of California (UC),
Davis
BS, Civil Engineering
License & Certifications
Professional Civil Engineer
PE CA No. 59395
Project Management Institute
PMP No. 1472209
Professional Affiliations
American Public Works Association
California Water Environment
Association
Qualifications
▪ Office location: Encinitas
▪ Years’ experience: 26
▪ Years’ with Dudek: 20
▪ Manages Dudek’s Water
Infrastructure Group
Experience
▪ Stormwater System Condition
Assessment, City of San Marino
(PIC)
▪ Wastewater Collection System
Master Plan, City of San Marino
(PIC)
▪ Design Services for Lift Station
Improvement Program, City of
San Marino (PIC)
▪ La Jolla Boulevard Cooks Cave
Improvements, City of San
Diego
▪ Cardinal Road Storm Drain
Replacement, City of San Diego
▪ Rochester Road Storm Drain
Replacement, City of San Diego
Nicole Rieger, PE, QSD

PROJECT MANAGER
Education
California Polytechnic State
University, San Luis Obispo
BS, Civil Engineering
License & Certifications
Professional Civil Engineer,
PE CA No.70782
Qualified SWPPP Developer,
No. 24471
Professional Affiliations
American Public Works Association
American Society of Civil Engineers
CASQA
Floodplain Managers Association
Qualifications
▪ Office location: Encinitas
▪ Years’ experience: 18
▪ Years’ with Dudek: 6
▪ Specialist in floodplain,
drainage, and stormwater
quality design and analysis
Experience
▪ Stormwater System Condition
Assessment, City of San
Marino (Project Manager)
▪ La Jolla Boulevard Cooks Cave
Improvements, City of San
Diego
▪ Cardinal Road Storm Drain
Replacement, City of San
Diego
▪ Rochester Road Storm Drain
Replacement, City of San
Diego
▪ Park Drive Drainage
Improvements, City of
Carlsbad (Project Manager)
Tim Muli, PE, CFM
QA/QC
(Michael Baker Intl)
Education
California State University, LA
MS, Civil Engineering
University of Nairobi, Kenya
BS, Civil Engineering
License & Certifications
Professional Civil Engineer,
PE CA No. 72992
LEED Accredited Professional
QSD/P No. 27386
Certified Floodplain Manager,
US-20-11552
Professional Affiliations
American Society of Civil Engineers
National Society of Black Engineers
Engineers without Borders, USA
Qualifications
▪ MBI office location: Santa Ana
▪ Years’ experience: 18
▪ Has engineered and managed
final designs (PS&E) and
construction processes for
multiple public projects
Experience (with Dudek)
▪ Stormwater System Condition
Assessment, City of San Marino
▪ Dunlap Blvd Bridge
Replacement at Wilson Creek
Channel, City of Yucaipa
▪ Haigh Road Drainage Channel
Improvements, City of
Thousand Oaks
▪ Mockingbird Canyon
Restoration Project, Riverside
County Flood Control and Water
Conservation District

Page 751 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 7 Table 3. Team Personnel Qualifications
Name / Role / Residence /
Years’ Experience
Education / License /
Certifications Experience
Charles Greely, PE, LEED AP,
QSD
Design
State of residence: CA
Years’ experience: 25
Years with Dudek: 18
BS, Civil Engineering
Professional Civil Engineer (PE)
CA No. 69056
Qualified SWPPP Developer
(QSD), No. 69056
▪ Paving and Drainage Improvements at WRF
No. 2, City of Corona
▪ Dunlap Boulevard Bridge Removal and
Replacement Crossing at Wilson Creek
Channel, City of Yucaipa
▪ Cultural Museum and Spa, Agua Caliente
Band of Cahuilla Indians, Palm Springs
Shannon Brown, PE, QSD
Design
State of residence: CA
Years’ experience: 12
Years with Dudek: 4
MS, Environmental Engineering
BS, Environmental and
Resource Science
Professional Civil Engineer (PE),
California No. 92771
Qualified Stormwater Developer
(QSD) No. 92771
▪ Stormwater System Condition Assessment,
City of San Marino
▪ Park Drive Drainage Improvements, City of
Carlsbad
▪ Cardinal Road Storm Drain Replacement,
City of San Diego
▪ Rochester Road Storm Drain Replacement,
City of San Diego
Jenn O’Brien, EIT
Design
State of residence: CA
Years’ experience: 6
Years with Dudek: 6
BS, Civil and Environmental
Engineering
Engineer in Training (EIT), No.
166391
▪ Creek Park Master Plan, City of La Mirada
▪ Haigh Road Drainage Channel
Improvements, City of Thousand Oaks
▪ Anaheim South Recycled Water Project, City
of Anaheim (Disneyland Resort)
Sofie Black, EIT, CFM
Design
State of residence: CA
Years’ experience: 4
Years with Dudek: 1
BS, Civil Engineering
Engineer in Training (EIT)
No. 74093
Certified Floodplain Manager
(CFM)
▪ Park Drive Drainage Improvements, City of
Carlsbad
▪ Merwin Drive Drainage Improvements, City
of Carlsbad
▪ Paving and Drainage Improvements at WRF
No. 2, City of Corona
Ed Armstrong, RLA
Landscape/Irrigation
State of residence: CA
Years’ experience: 23
Years with Dudek: 4
Master of Landscape
Architecture
Bachelor of Landscape
Architecture
CA, Landscape Architect, (RLA),
No. 4870
QSD/QSP, No. 24900
CLIA, No. 91247
▪ 24-Acre Park, Auburn Area Recreation and
Park District
▪ Arcade Creek Park Preserve, Sunrise
Recreation and Park District, Citrus Heights
▪ Tempo Park Improvements, Sunrise
Recreation and Park District, Citrus Heights
▪ Sunrise Boulevard Complete Streets-Phase
1, City of Citrus Heights
John Zanzi, RLA
Landscape/Habitat
Restoration
State of residence: CA
Years’ experience: 38
Years with Dudek: 10
BS, Landscape Architecture
CA Landscape Architect (RLA),
No. 2933
▪ Arroyo Seco Canyon Project, City of
Pasadena Water & Power
▪ Fairbanks Ranch Golf Course Mitigation,
San Diego County
▪ Clairemont Mesa Boulevard Storm Drain
Repair and Habitat Restoration, City of San
Diego Public Works Department

Page 752 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 8 Name / Role / Residence /
Years’ Experience
Education / License /
Certifications Experience
Subconsultants
Calvada Survey
Survey & Mapping
Armando DuPont, PLS
State of residence: CA
Years’ experience: 44
AA, Civil Engineering
Land Surveying, Cal Poly
Pomona
CA PLS No. 7780
▪ Department of Public Works BOE
LosAngeles-BOE-TOS-1-Complete Streets
▪ Barham Blvd Street Improvements, City of
Los Angeles DPW
▪ Rumrill Boulevard Complete Streets, City of
San Pablo
Converse Consultants
Geotechnical
Hashmi Quazi, PhD, PE, PG
State of residence: CA
Years’ experience: 38
PhD, MS & BS, Civil Engineering
California, Civil Engineer,
No. 46651
California, Geotechnical
Engineer, No. 2517
▪ Butterfield Stage Road Storm Drain,
Temecula
▪ Cypress Avenue Storm Drain, Fontana
▪ Three System Storm Drain, Chino
▪ Mills Avenue French Drain Installation,
Claremont
Kelsey Structural
Structural Engineering
Guy Kelsey, PE, SE
State of residence: CA
Years’ experience: 13
BS, Structural Engineering
MS, Structural Engineering
Civil Engineer in California,
No. 77675
Structural Engineer in California,
No. 6099
▪ Box Culvert Transition Structure Emergency
Repair Project, City of San Diego
▪ La Jolla Boulevard Cooks Cave
Improvements, City of San Diego
▪ Helen Woodward Animal Center Stormwater
Upgrades, Ranch Santa Fe
▪ AB Line and Meyer’s Siphon, Vista Irrigation
District
Underground Solutions, Inc.

Potholing & Utilities
TC Mueller, VP
State of residence: CA
Years’ experience: 28
Certificate of Utility Investigation
Certificate of Locating
Competency (Electro-magnetic
instruments)
▪ Park Drive Drainage Improvements, City of
Carlsbad
▪ Newport Boulevard Domestic Water Main
Replacement, City of Newport Beach
▪ Citywide Sewer Rehabilitation, Phases I & II,
City of Encinitas
Workload & Availability of Key Staff
Table 4 below outline our workload and availability for key staff members.

Table 4. Key Personnel Workload and Availability
Team Member Name Role Availability % Workload %
Nicole Rieger, PE, QSD Project Manager 50% 50%
Russ Bergholz, PE, PMP Principal in Charge 40% 60%
Tim Muli, PE, CFM QA/QC 40% 60%
Guy Kelsey, PE, SE Structural Engineer 30% 70%
Hashmi Quazi, PhD, PE, GE Geotechnical Engineers 30% 70% Armando DuPont, PLS Surveyor 20% 80%
TC Mueller Potholing & Utilities 20% 80%

Page 753 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 9 Dudek Client References
Dudek understands that Lacy Park is considered “a jewel of the City”. Therefore, any construction work is complicated by the 7-days-per-week presence of park patrons and its use for significant community events from June through August. The experience and projects presented in this section exemplify needed strategies for public accommodation and an understanding of the need to keep the park open, clean and safe during the construction phase.

Stormwater System Condition Assessment and Master Plan
Client: City of San Marino, Parks and Public Works Department, 2200 Huntington Drive, San Marino, CA 91108
Reference: Michael Throne, Director of Parks and Public Works / City Engineer, 626.300.0787, [email protected]
Project Dates: 7/2019 – 6/2021
Key Team Members: Nicole Rieger, Shannon Brown, Tim Muli (when with Dudek)
Cost: $149,895
The Dudek team completed a stormwater system condition
assessment (SSCA) that included existing stormwater system base mapping, conditions assessment of the stormwater infrastructure storm drain related Capital Improvement Plan (CIP) recommendations, and a management plan for the execution of the project projects and maintenance recommendations. The project included compiling available data from multiple sources into an updated GIS layer including CCTV data, assessing the condition of storm drain facilities within the city’s jurisdiction, identifying deficiencies, and develop projects to correct those deficiencies and accommodate future development. The storm drain CIP considered prioritization, costs and funding and provided recommendations for stormwater management policies. The final SSCA will be used as a guidance document for programming storm drain system capital improvements and provide the basis for implementing a long-range improvement program to address future aging, capacity, and regulatory issues.

Emergency Storm Drain Repair Contracts
Client: City of San Diego, Transportation and Storm Water Department, 525 B Street Suite 750 MS#908A, San Diego, CA 92101
Reference: Jong Choi, Public Works Department, 619.533.5493 Project Dates: January 2019 – January 2020 (Completed)
Key Team Members: Russ Bergholz – Project Manager, Nicole Rieger - Deputy Project Manager/Technical Lead; Shannon Brown- Design Engineer; John Zanzi - Landscape/ Habitat Restoration Cost – Cardinal: $229,676, Rochester: $131,718, Coast Blvd Sea Cave: $100,000 Types of Services: Emergency storm drain, roadway, pedestrian paths, ADA, environmentally sensitive constraints, landscape/habitat restoration, utilities and fast track schedules to lessen impacts to residents and businesses Dudek was a subconsultant on the Flatiron West design-build team to complete three design-build projects for the City of San Diego. Dudek’s scope of work included storm drain and landscape design, roadway rehabilitation and environmental assessments including wetlands delineation survey and biological monitoring. Individual project descriptions follow.

Page 754 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 10 Cardinal Road Emergency Storm Drain Improvement Project During storm events in winter 2018, a sink hole formed within a slope area due to collapse of an aging 30-inch diameter corrugated metal storm drainpipe in the city’s Birdland neighborhood. The Dudek team provided design support for the emergency replacement of the pipeline. The project
included special design of the manhole structures to
accommodate the depth of the storm drain and for the
constructability to tie in the storm drain lateral connections.

The focus of the design was to secure the nearby structures and newly constructed townhomes from future foundational risk while providing necessary storm water conveyance. This project received the 2020 Honor Award from the American Public Works Association (APWA).

Rochester Road Emergency Storm Drain Improvement Project In winter 2018, a small sink hole developed due to the
collapse of an aging 18” diameter corrugated metal storm drainpipe required repair and replacement of the storm
drainpipe. The Dudek team provided design support for the emergency replacement of the pipeline.

To install the storm drain within the limited work area due to the Waters of the US drainage within the canyon, alternative construction methods were used.

Coast Boulevard Sea Cave Emergency Stabilization Project A portion of Coast Boulevard near La Jolla Cove was closed due to ongoing erosion of the cave underneath the roadway.

To stabilize the roadway and surrounding areas, the Coast Boulevard Sea Cave Emergency Stabilization project filled in the cave with a concrete slurry and included improvements to the storm drain system located at the cave entrance. The accelerated project schedule was critical to minimize the impacts of the closed roadway during peak tourist season.

Dudek performed the design of the storm drain system
improvements, roadway improvements and the construction BMP plans. This project has received several notable awards including:
▪ Engineering News Record (ENR) National & California
2020 Small Project of the Year
▪ American Public Works Association (APWA) 2020
Emergency Project of the Year
▪ American Society of Civil Engineers (ASCE) 2020
Geotechnical Project of the Year
▪ American Society of Civil Engineers (ASCE) 2020 Geotechnical Project of the Year Project Similarities (all projects):
✓ Fast track schedules to lessen impacts to
residents and businesses
✓ Hydrologic and hydraulic modeling
✓ Storm drain repair design
✓ Work in environmentally sensitive areas
✓ Specialized structure design

Page 755 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 11 Dunlap Boulevard Bridge Removal and Replacement Project at Wilson Creek Channel Crossing
Client: City of Yucaipa, 34272 Yucaipa Blvd., Yucaipa, CA 92399
Reference: Landon Kern, PE, Assistant Civil Engineer,
909.797.2489, Ext. 288, [email protected]
Project Dates: 7/2019 – 6/2021
Key Team Members: Charles Greely, Principal; Nicole Rieger, Project Manager, Jenn O’Brien, Project Engineer, Tim Muli (when with Dudek)
Cost: $252,286
Type of Services: Bridge, box culvert, roadway, pedestrian paths, ADA and utilities design
Dudek prepared PS&E to remove and replace the existing Dunlap Blvd Bridge at Wilson Creek Channel with a new prefabricated steel bridge structure. It is located along Wilson Creek between 14th street and the I-10 freeway, just southeast of the Dunlap Boulevard and 14th Street intersection. The project increased flow conveyance capacity at the bridge crossing and reduces flooding associated with 100–year and greater storm events. Properties were removed from the regulatory floodway, allowing for approval of adjacent private development. The bridge has a span of 60 feet and a width of 22 feet to accommodate 1 lane of vehicle traffic for one way traffic travelling northwest across the channel and an 8 foot wide path for pedestrians. The prefabricated steel truss bridge is designed to meet current AASHTO LRFD design specifications. The design speed will be 10 mph for both proposed bridge and transitional street improvements, with the pedestrian paths designed to meet ADA design guidelines.

The project included partial demolition of the existing box culvert as well as grading and channel improvements required to transition from the existing to proposed bridge. It incorporated street improvements on Dunlap Boulevard, which will extend on both sides of the bridge to tie to the existing street (s) on the southeast side and to the proposed private development grading on the northwest side of the bridge. The new bridge was within the City right of way, but the channel was under the jurisdiction of the San Bernardino County Flood Control District (County) and required coordination with City, County, and other agencies.

Critical utilities at the bridge crossing required assured protection. This effort involved incorporating conduits or sleeves for protection and relocation. The utilities include 2-inch and 6-inch gas lines and an 8-inch water main, as well as a high profile data fiber optic line that is a property of the Department of Homeland Security. An abandoned sewer line was removed within the improvement limits. Dudek understood the importance of coordinating with the relevant utility agencies in the development of the relocation and utility protection plan, as well as during construction.

Current Dunlap Blvd. bridge structure

Page 756 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 12 Haigh Road Drainage Channel Improvements (CI-5367)
Client Name: City of Thousand Oaks, 2100 Thousand Oaks Blvd., Thousand Oaks, CA 91362
Reference: Dan Lazo, P.E., Senior Civil Engineer, , 805.449.2400, [email protected]
Project Dates: 7/2017 – 12/2018
Key Team Members: Chuck Greely - Principal, Tim Muli – Project Manager (when with Dudek), Jennifer O’Brien – Project Engineer Cost: $237,656
Types of Services: XXXXXXXZ
The City of Thousand Oaks (City) needed to improve the existing Haigh Road Drainage Channel, which is located adjacent to and just east of Haigh Road, just south of the 101 Freeway. The improvements were necessary to address City and local resident concerns regarding the existing channel, which faced a risk of channel wall failure(s) and subsequent slope failure(s). The channel walls served as a retaining system to the adjacent residential parcels and such failure would likely cause significant damage to private property. The limits of the project extend from Newbury Road to just north of Santi Street, approximately 730 feet north of Lynn Road.

The project provides a design for approximately 1,234 linear-foot of 5-foot wide-open channel that was constructed in the 1960’s with reinforced concrete invert, and reinforced CMU block walls. There is an existing 15- foot wide storm drain easement along the west channel wall. A large compound headwall/junction structure exists at the upstream end of the channel where the system transitions from a 60-inch RCP and a 36-inch RCP to the open channel that conveys runoff from upstream tributary areas. On the downstream end of the channel, just south of Newbury Road, the channel base width is constricted from 5-ft to 3.5 feet before discharging into the side wall of curb opening catch basin, then continues eastwards to flow as a 60-inch opening downstream of the catch basin.

South Palm Canyon Recreation Area Improvements
Client Name: Agua Caliente Band of Cahuilla Indians, 5401 Dinah Shore Drive, Palm Springs, CA 92264
Reference: Rob Donnels, Tribal Chief Engineer, 760.699.6800 Project Dates: 2013 – 2018
Key Team Members: Charles Greely, Principal/Project Manager Cost: $808,792
Types of Services: Study, planning, design, and construction Fifteen miles long, Palm Canyon is one of the areas of great beauty in Western North America. Its indigenous flora and fauna, which the Cahuilla people so expertly used, and its abundant Washingtonia filifera (California Fan Palm) are breathtaking contrasts to the stark rocky gorges and barren desert lands beyond.

Palm Canyon consists of moderately graded foot paths that winds down into the canyon for picnicking near the stream, meditation, exploring, hiking or horseback riding. Palm Canyon includes a Trading Post for hiking maps, refreshments, Indian art and artifacts, books, jewelry, pottery, and conversational cultural lore.

Page 757 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 13 The Agua Caliente Band of Cahuilla Indians contracted with Dudek to provide civil engineering and environmental services for Phase 3 improvements to the South Palm Canyon area which includes:
▪ Reconstruction of the roadway south of the toll booth to the trading post and to Andreas Canyon ▪ Replacement of the existing undersized culverts with new water crossings in five locations ▪ Stormwater improvements to the roadway embankment at Split Rock ▪ Improvements to the trading post and Andreas Canyon parking lot ▪ Improvements to the public restroom
▪ Replacement/upgrade of toll booths
▪ Realignment/improvement of the upstream section of the Andreas Pipeline Additionally, Dudek's engineering Team conducted or arranged for all associated technical studies, including geotechnical and survey work Once the project alternatives were identified, Dudek's environmental services and permitting Team are responsible for preparing all necessary Environmental Compliance Documents necessary for state and federal grant funding, including biological, wetlands, water quality, air quality and noise analysis studies and permit applications.

Park Drive Street and Drainage Improvements
Client Name: City of Carlsbad, 1635 Faraday Avenue, Carlsbad, CA 92008
Reference: Danny Zimny, Associate Engineer, 760.602.7551, [email protected]
Project Dates: May 2017 – Ongoing (90% design)
Key Team Members: Nicole Rieger - Project Manager; Charles Greely – Principal Engineer; Shannon Brown – Project Engineer; Jenn O’Brien – Project Engineer; Sofie Black – Project Engineer, John Zanzi - Landscape/ Habitat Restoration
Cost: $588,000
Types of Services: Storm drain design, pedestrian paths, ADA, landscape/habitat restoration and utilities design
Dudek is currently working with the city of Carlsbad addressing retaining wall degradation, slope failures, and drainage issues along Park Drive to alleviate safety concerns as well as reduce maintenance efforts. In addition to standard engineering solutions, the team evaluated bioengineering solutions to improve erosive conditions. An assessment of the groundwater conditions impacting the retaining wall and slope integrity was provided as well as a hydrologic and hydraulic assessment to better convey runoff away from the slope face. The alternatives analysis included evaluating multiple solutions, documenting the benefits and costs of each scenario including roadway improvements. The project has also included extensive coordination with California Coastal Commission staff to move forward a design that balances the design and environmental needs along a coastal access corridor. Dudek is currently preparing final engineering documents, landscape and revegetation plans, as well as the environmental documents and permitting.

Project Similarities:
✓ Evaluation of concept alternatives
✓ Hydrologic and hydraulic assessment
✓ Regulatory permitting including California
Coastal Commission
✓ Preparation of CEQA documents
✓ Landscape restoration design

Page 758 of 962 ends

Previously repaired section of the box culvert

Page 759 of 962 ends

Task 1 Existing Conditions
Verification and Review

Page 760 of 962 ends

View of alignment through park

Page 761 of 962 ends

Potholing effort may require traffic control plans and
permitting through the City. It is assumed there is no
fee for City permits. Additional potholing may be
performed for an additional fee.

Task 2 Schematics (30%
Design Phase)

2.1 30% Design Plans
Drawings will include, at a minimum, all major plans
and sections developed with key details developed.

Deliverables:
▪ Digital files of full size plans (scalable)
▪ Draft reports

Page 762 of 962 ends

Task 3 Design Development
(80% Design Phase)

Deliverables:
▪ Digital files of full size plans (scalable)
▪ Draft reports

Page 763 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 19

Deliverables:

Page 764 of 962 ends

Task 7 Close Out Phase
Once the project has been deemed complete, Dudek
engineers will review the redline construction plans

Page 765 of 962 ends

Task 9 Additional Services
If requested by the City, the Dudek team will provide
additional technical support to the City under a contact scope and cost augmentation.

Page 766 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 22 Performance Criteria
Describe how your team is organized to provide the services to perform this Project.

The Dudek team will be led by our project manager, Nicole Rieger, who also led the City’s stormwater condition assessment project. We chose the specialty subconsultants for this team based on experience and knowledge that they would be responsive to the demands of this project. Assisting Ms. Rieger is Shannon Brown, who was a key team member on the stormwater condition assessment project and Charles Greeley, who is well versed in civil design projects. In addition, our team includes Tim Muli with MBI as our QA/QC lead. Mr. Muli was a key partner in the City’s storm water condition assessment and brings 18 years of drainage experience to provide a detailed review of the design documents.

Describe the major strengths of your team.

Because our team is very familiar with the City’s storm drain system and the City environment, we can hit the ground running, with no down time. We understand that Lacy Park is important to the community not only for the multitude of events that occur at the park but also supports the daily recreational needs of the public. Creating a design that minimizes physical and visual impacts and considers measures to increase construction efficiency are key to designing a successful project.

Describe the major difficulties that you might expect to encounter in designing this Project to ensure that City receives high quality design and construction. Describe the methods you would use to overcome these difficulties.

There are a few potential difficulties in the implementation of this project that will be key to evaluate for the design. First is the current location of the storm drain system, as the design will need to minimize the impacts to a memorial site as well as a historical building and mature trees located within the park. The likely solution will be to change the storm drain alignment to minimize impact to these features and ensure that the construction limits will reduce impacts in the vicinity of them.

Next, with the project located within a heavily used portion of the park, minimizing the impacts of construction on the residents will be important. There are elements of the design, like using precast structures that can reduce days with an open trench but also elements like reduce visibility with the construction fencing can be required of the contractor. The specification for the project will be key to provide instructions to the contractor on what the daily impacts to the park users can be. Another element recommended is to clean and CCTV a section of the storm drain culvert that was blocked during the condition assessment. This is recommended so the existing conditions can be confirmed as well as verify if additional connections need to be included in the design.

Lastly, the storm drain system is very shallow within the park and will likely require special structures at inlets as well as the transition structure to the downstream storm drain. Dudek has enlisted subconsultant Kelsey Structural to design these structures.

Describe your firm’s ability to perform the work within the schedule outlined herein.

Dudek will work with the City to meet the schedule for the implementation of the project.

Page 767 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 23 Describe your firm’s claims experience.

City of Carlsbad vs. Ledcor Construction Inc.

On June 13, 2016, the City of Carlsbad filed a civil complaint in California Superior Court, County of San Diego, against Ledcor Construction Inc. Dudek was named as a co-defendant. The project architect, RRM Design Group, was also later named as a defendant. The suit was related to construction of the City’s First Responder Training Center. Dudek served as construction manager for the City on the project. Dudek denied any liability in the matter.

The matter has been resolved between the City and Dudek and was dismissed in August 2019.

Terra Lago Community Association v. Indo Land Ventures, LLC, et al.

On November 12, 2015, Terra Lago Community Association sued Indio Land Ventures for alleged construction defects arising out of the construction of a residential development complex located in Indio, California. Dudek was named as one of many cross-defendants for its role in preparing the lake-liner design; the other parties were involved in various construction aspects of the lake. Dudek did not participate in any supervision or other construction management activities. Plaintiff initially demanded $25,275 to settle the claims against Dudek, and their claims ultimately resolved in full for $10,000. The parties executed a settlement and release agreement which the Court approved, and the case was dismissed.

Page 768 of 962 ends

Section 2 |
Financial / Related Information

Page 769 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 24 Financial Statements
Dudek understands the City may request audited and/or reviewed financial statements for the most recently completed three fiscal years.

Financial Stability
Dudek is an employee-owned corporation that has been profitable each year since its founding in 1980. The firm is in sound financial condition and has no financial issues that would impede our ability to provide the services sought for this contract. Dudek has a strong, experienced, fiscally responsible management team, allowing the firm to finance operations with internally generated funds.

Page 770 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 25 Letter from Insurance Broker

Page 771 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 26 Prior Claims and Litigation
City of Carlsbad vs. Ledcor Construction Inc.

The matter has been resolved between the City and Dudek and was dismissed in August 2019.

Terra Lago Community Association v. Indo Land Ventures, LLC, et al.

Page 772 of 962 ends

Section 3 |
Response Forms

Page 773 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 27 Exhibit H Proposal Authorization
▪

Page 774 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 28 Exhibit I Acknowledgment of Addendum
Form

Page 775 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 29 Exhibit E Acceptance of Form of Professional
Services Agreement, including Any Proposed
Modifications (Attachment 1)

Page 776 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 30

Page 777 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 31 Exhibit G Proposal Organization Checklist

Page 778 of 962 ends

Section 4 |
Discretionary Supplemental
Materials

Page 779 of 962 ends

Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 32 Explanation of Relevancy of Discretional
Supplementary Materials (if any)
N/A

Page 780 of 962 ends

Appendix A
Resumes

Page 781 of 962 ends

1 Nicole Rieger, PE, QSD

PROJECT MANAGER
Nicole Rieger is a senior engineer with 18 years’ experience in civil engineering, specializing in floodplain, drainage, and stormwater quality design and analysis. Ms. Rieger has extensive experience working with clients as a drainage and stormwater design lead on municipal, roadway, and private development projects and is well versed in stormwater quality requirements.

She has engineered and managed projects through all phases, from preliminary and final design through construction. As a project manager, Ms.

Rieger is responsible for the tracking, monitoring, team delegation, deliverable quality assurance, engineering guidance, accounting, and client and subconsultant coordination associated with each project, including final stamp and signature of project plans and specifications.

Project Experience
Stormwater System Condition Assessment, City of San Marino, California.

Served as the project manager for the stormwater system assessment to address several key objectives. Performed a field reconnaissance and survey to model the existing stormwater system, including preparation of a geographic information system database, plan, implement and analyze a CCTV inspection plan, identify project to correct existing deficiencies, develop project costs and prioritize recommended CIP projects and identify potential ongoing maintenance activities.

Coast Boulevard Sea Cave Emergency Stabilization Project, Flatiron West, San Diego, California. Worked with Flatiron West (contractor) and City of San Diego staff on the stabilization of the roadway and the associated improvements to the storm drain system and repaving of the roadway on an accelerated project schedule (under 3 months). Led the drainage design effort, which included replacing two storm drain systems and outlets with a single system while avoiding all existing utilities in the roadway and implementing a Green Street BMP as part of the storm drain design. Additional work included preparing the site-specific water pollution control plan and performing weekly BMP inspections.

Cardinal Drive Emergency Storm Drain Project, Flatiron West, San Diego, California. Worked with Flatiron West (contractor) and City of San Diego staff to design the emergency replacement of a collapsed corrugated metal pipe that caused a large sink hole within a steep slope that threatened the stability of nearby structures. Because of the depth of the storm drain, the jack and bore method was used to create a parallel storm drain around the failed section of pipe. A 40-foot-deep storm drain required special design of the cleanout structures, including a dual box design to allow for shallow storm drain laterals to connect to the proposed system. Additional work included preparing the site-specific water pollution control plan and performing weekly best management practice (BMP) inspections.

Education
California Polytechnic
State University,
San Luis Obispo
BS, Civil Engineering,
2002
Certifications
Professional Civil
Engineer (PE), CA
No. 70782
Qualified SWPPP
Developer, No. 24471
Professional Affiliations
American Public
Works Association
American Society of
Civil Engineers
CASQA
Floodplain Managers
Association

Page 782 of 962 ends

2 Rochester Road Storm Drain Emergency Project, Flatiron West, San Diego, California. Worked with Flatiron West (contractor) and City of San Diego staff to design the emergency replacement of a collapsed 18-inch corrugated metal pipe that caused a sink hole. The existing storm drain outfall occurred near the top of the canyon, so as part of the repair effort, the storm drainpipe was extended to locate the outfall at a better natural low point in the canyon. Led the drainage design effort, which included resolving conflicts with existing sewer laterals and main line and the waters of the United States drainage within in the canyon and extending the storm drain an additional 100 linear feet to a better natural low point. Additional work included preparing the site-specific water pollution control plan and performing weekly BMP inspections.

Park Drive Drainage Improvements, City of Carlsbad, California. Serving as the project manager for addressing retaining wall degradation, slope failures, and drainage issues along Park Drive to alleviate safety concerns and reduce maintenance efforts. In addition to standard engineering solutions, the team evaluated bioengineering solutions to improve erosive conditions. An assessment of the groundwater conditions impacting the retaining wall and slope integrity was provided, as was a hydrologic and hydraulic assessment, to better convey runoff away from the slope face. The alternatives analysis included evaluating multiple solutions and documenting the benefits and costs of each scenario, including roadway improvements. Dudek is currently preparing final engineering documents as well as the environmental documents and permitting.

Jamacha Canyon Stream Rehabilitation Project, City of San Diego Public Work Department, California. Served as the drainage and stormwater lead in the preliminary design of a stream restoration project to create a selfsustaining mitigation project that would improve the level of flood protection, reduce erosive velocities, and implement green infrastructure improvements. The project increased the conveyance capacity by increasing the channel width and upsizing existing culverts and includes woody debris structures to help reduce velocities within the channel. The recommended green street BMPs were a water quality basin located downstream of Beacon Street and the use of curb extensions, planter boxes, or bulb outs along Jamacha Road between Beacon and Meadowbrook Streets. The project included HEC-RAS modeling of several design scenarios.

Coast Highway Sidewalk and Green Street Improvements, City of Encinitas, California. Served as the lead stormwater quality engineer in the design of the low impact development features. The purpose of the project was to improve public safety, parking, and drainage conditions, as well as to provide stormwater quality benefits. The project included adding sidewalks to storefronts, creating additional parking, and minimizing the current flooding issues. The low impact development alternatives used in the project included pervious pavers and bioretention areas to meet the City of Encinitas’s green street requirements.

Daney Creek Restoration Preliminary Assessment, City of San Diego, Ramona, California. The City of San Diego Public Utilities Department contracted with Dudek to explore solutions to address stabilization and repair of portions of Daney Creek, which have sustained significant historic erosion and bank failure along different sections of the creek, resulting from periodic flood events and water transfers from Sutherland Reservoir. Dudek provided bank stabilization options, preliminary feasibility analysis, and recommendations for the bank stabilization and erosion repair. The study focused on repairs to the Daney Creek channel located on State of California lands near the town of Ramona. The study considered and presented a range of options that can generally be applied to the site and then analyzed those treatments in view of the site-specific constraints that were observed during site visits. Dudek prepared a memo that presented our analysis and recommendations for the treatments that would likely be successful and have a positive effect on existing sites.

Page 783 of 962 ends

1 Russ Bergholz, PE, PMP

PRINCIPAL ENGINEER
Russ Bergholz is a principal engineer with 25 years’ experience. Mr. Bergholz manages Dudek’s Water Infrastructure Group and is responsible for the management and engineering of water-/recycled water–related system master plans and design projects. His experience includes the development of numerous water, recycled water, and sewer master plans; pipeline design projects (including trenchless technology); and infrastructure rehabilitation projects for many Southern California cities and special districts. Mr. Bergholz has a documented track record of keeping projects within scope and budget while maintaining quality control and addressing the critical success factors of his clients’ projects.

Project Experience
Wastewater Collection System Master Plan, City of San Marino, California.

Served as principal engineer. The City of San Marino needed assistance understanding its sewer collection system needs and establishing their first SMP. The city is completely built out; therefore, work focused on condition assessment of pipelines and lift stations rather than capacity analysis. The pipeline condition assessment included review of approximately 20 miles of pipeline (40% of the system) and identification of needed rehabilitation work, primarily consisting of CIPP lining of aging sewer pipelines. The lift station condition assessment work included site visits and inspections of three lift stations. Redundancy and bypass improvements and a frequent maintenance schedule will be recommended in the SMP. An updated Sanitary Sewer Management Plan will also be developed as part of this project and will focus on improving procedures for reducing sanitary sewer overflows in the collection system.

La Jolla Cooks Cave Improvements, City of San Diego, California. Served as project manager. Erosion from an existing sea cave below La Jolla Boulevard threatened the structural stability of the roadway and required immediate mitigation. The City hired Dudek, along with Flatiron Construction and Terra Costa Geotechnical, to design and build the mitigation within a 6-week schedule. Following the filling of the sea cave, Dudek designed the roadway section replacement, stamped concrete details, storm drain pipeline replacements, and green street feature. Through a highly coordinated effort with the city, contractor, and engineers, the project was successfully completed on schedule.

Cardinal Road Storm Drain Replacement, City of San Diego, California. Served as project manager. The existing 30-inch corrugated metal storm drainpipe failed within a narrow easement approximately 35 feet deep and required emergency replacement. Dudek provided the drainage, environmental monitoring, and improvement plan design for the project. The project included a 350-foot jack and bore of a new storm drainpipe using HDPE through the narrow easement, which required a 40-foot × 40-foot × 40-foot jacking pit within a private apartment complex Education
University of California,
Davis
BS, Civil Engineering,
1995
Licenses and
Certifications
Professional Civil
Engineer
CA No. 59395
Project Management
Institute PMP
No. 1472209
Professional Affiliations
American Public Works
Association
California Water
Environment Association
Water Environment
Federation

Page 784 of 962 ends

2 parking lot. The resultant project re-established the drainage basin and eliminated risk of related geotechnical concerns to nearby property.

Rochester Road Storm Drain Replacement, City of San Diego, California. Served as project manager. During the winter of 2019, a short segment of 18-inch corrugated metal storm drainpipe failed, causing local erosion. Dudek, along with Flatiron Construction were hired to design and build the replacement pipeline. The new 18-inch reinforced concrete pipeline was substantially extended in length, using a deep-pit jack-and-bore casing to roughly triple the pipe length into the neighborhood canyon. The final project eliminates the potential for localized erosion, protecting the neighborhood properties and roadway.

Citywide Recycled Water System Distribution and Expansion, City of Oceanside, California. Served as project manager. The City of Oceanside wanted to construct a new recycled water system. Starting from preliminary GIS data from the master plan, Dudek developed the complete water distribution system model using Innovyze InfoWater to validate and improve the hydraulics of the system. The upper system design included 15 miles of water distribution pipelines and two water storage tanks (both approximately 2.5 million gallons) with booster pump stations feeding upper closed hydropneumatic pressure zones. Construction began in 2020 for the upper system, with the lower system projected to begin construction in 2022.

Anaheim South Recycled Water Project, City of Anaheim, California. Served as pipeline engineer. The City of Anaheim was seeking to supplement potable water demands in and around the Disneyland Resort with recycled water. Dudek was hired to prepare a hydraulic model using Innovyze InfoWater software during the preliminary design phase, allowing for the identification of necessary infrastructure (turnout, 7 miles of pipeline, and booster pump station) to support the distribution of up to 3,500 gallons per minute of recycled water to the region.

Following the modeling process, Dudek prepared the complete design plans and bid documents for the construction of the $25 million infrastructure project. Once construction is complete, the project will provide a supplement to the Southern California water supply and convert the substantial Disneyland irrigation demand to a sustainable water supply.

Sewer Master Plan, City of Pasadena, California. Served as project manager. Dudek provided a comprehensive evaluation of hydraulic capacity through updated flow monitoring and hydraulic modeling, as well as condition assessment and identification of improvements needed for system operation and reliability. As the City of Pasadena is 99% built out and historically has not experienced significant capacity issues, Dudek’s approach focused on identifying rehabilitation needs, quantifying specific repair methods, grouping improvement by region, and applying prioritization of recommended improvements to address the most critical issues first. Taking a systemwide perspective and focusing on key improvement areas that mitigate high risk, city staff will have confidence that the collection system will continue to operate and be maintained cost effectively.

Old Town Sewer Rehabilitation Project, City of Placentia, California. Served as project manager. The City of Placentia had collected CCTV videos for the majority of their sewer collection system and needed to assess and rehabilitate portions of the system. Dudek reviewed approximately 30 miles of CCTV inspection video to assess, identify, and prioritize recommended rehabilitation needs. Following the condition assessment, Dudek prepared the construction documents for the rehabilitation, consisting of approximately 15,000 linear feet of cured in place pipeline (CIPP) from 6 inches to 12 inches in diameter, 22 in situ point repairs, and 6 open trench point repairs.

The resultant project successfully addressed risks within the oldest portion of the collection system.

Page 785 of 962 ends

MICHAEL BAKER INTERNATIONAL  PAGE 1 OF 2

QUALITY ASSURANCE/QUALITY CONTROL
Timothy Muli, P.E., CFM, QSD/QSP, LEED AP
Mr. Muli is experienced in stormwater management, civil design, flood control engineering, bridge hydraulics
analysis and design, stream restoration design, water
quality permitting, low impact (LID) stormwater
management design, and has been involved in many
private and municipal infrastructure projects throughout Southern California. He has successfully engineered and managed planning level designs as well as final designs (PS&E) and construction processes for multiple public and private projects, including projects requiring resource agency and construction permitting process. He has experience in Floodplain mapping and processing of FEMA Conditional Letter of Map Revision (CLOMR), Letter of Map Revision (LOMR), Physical Map Revision (PMR), and Letter of Map Amendment (LOMA)) applications. He is an expert in complex hydrology and hydraulic modeling and analysis. He has been involved in preparation of runoff management plans for developments within the Counties of Riverside, San Bernardino, Los Angeles, Orange, and has interacted with multiple reviewing agencies, acting in the capacity of a project manager.

RELEVANT EXPERIENCE
(Dudek Prime) Stormwater System Condition Assessment, City of San Marino, California. Lead Project Engineer responsible for preparation of a stormwater system condition assessment (SSCA) to meet current and anticipated future drainage requirements based on appropriate mapping and modeling of the systems.

The project resulted in a detailed stormwater system condition assessment report (SSCAR) that is now used by the City as a guidance document for programming capital improvements to address identified deficiencies and to provide the basis for implementing a long-range improvement program to address future aging, capacity and regulatory issues. The City storm drain infrastructure consisted of lined and unlined open channels, drainage inlets, pipe systems, as well as reinforced concrete and corrugated metal pipe culverts, majority of which were designed and constructed in the 1930s through mid-1950s. The majority of the regional flood structures and drainage washes are under the jurisdiction of the County of Los Angeles, while the local drainage systems are owned and maintained by the City. The City did not have as-built records of locations and/or alignments most of the existing drainage systems, and only performs annual maintenance to systems that can be visually identified. Such maintenance includes cleaning, and limited repair, rehabilitation, and replacement of drainage inlets and culverts as determined necessary. (Dudek Prime) Dunlap Blvd Bridge Replacement at Wilson Creek Channel, City of Yucaipa, Yucaipa, California. Project Manager preparing PS&E to remove and replace the existing Dunlap Blvd Bridge at Wilson Creek Channel with a new prefabricated steel bridge structure. The goal of the project is to open up Wilson Creek at the bridge crossing, increase flow conveyance capacity, and reduce flooding associated with 100–year and greater storm events. The bridge will have a span of 60 feet and a width of 22 feet to accommodate 1 lane of vehicle traffic for one way traffic travelling northwest across the channel and with an 8-foot-wide path for pedestrians. The prefabricated steel truss bridge will be designed to meet current AASHTO LRFD design specifications. The design speed will be 10 mph for both proposed bridge and transitional street improvements, with the pedestrian paths designed to meet for ADA design guidelines. The project will also include partial demolition of the existing box culvert as well as grading and channel improvements required to transition from proposed bridge to existing. It will also incorporate street improvements on Dunlap Boulevard, which will extend on both sides of the bridge to tie to the existing street (s) on the southeast side and to the proposed private development grading on the northwest side of the bridge. The proposed bridge is within the City right of way, but the channel is under the jurisdiction of the San Bernardino County Flood Control District (County) and requires coordination with City, County, and other agencies.
(Dudek Prime) Storm Drain Deficiency Program FY 2016–2017, Rancho Palos Verdes, California. Project Manager responsible for preparation of construction plans for the City's FY 16–17 storms drain infrastructure improvement program, which was part of City's effort to improve its aging storm drain infrastructure. These improvements follow the recommendation of the 2015 Master Plan of Drainage (MPD) that Years of Experience
18 Education
M.S., 2002, Civil Engineering, California State
University at Los Angeles
B.S., 1999, Civil Engineering, University of Nairobi,
Kenya
Licenses/Certifications
Professional Engineer - Civil, California, 2008, 72992
Certified Floodplain Manager, 2020, US-20-11552
Qualified SWPPP Developer (QSD), 27386
Qualified SWPPP Practitioner (QSP), 27386
LEED Accredited Professional, 2009
Professional Affiliations
American Public Works Association (APWA)
American Society of Civil Engineers (ASCE)
Association of State Floodplain Managers (ASFPM)
Engineers Without Borders (EWB)
Floodplain Management Association (FMA)
National Society of Black Engineers (NSBE)
The Institution of Engineers of Kenya

Page 786 of 962 ends

San Marino City CouncilJanuary 12, 2022

San Marino City Council
January 12, 2022