RESOLUTION NO. R-24-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN MARINO, CALIFORNIA, AMENDING THE
UNREPRESENTED EMPLOYEES SALARY AND
BENEFITS SCHEDULE FOR THE PERIOD COVERING
JULY 1, 2024 THROUGH JUNE 30, 2027 TO INCLUDE THE
POSITION OF PART-TIME BUILDING ATTENDANT
WHEREAS, Section 02.05.01(A) of the City Code provides that salary and benefits plans for employees are a part of the City’s personnel rules and regulations when approved by resolution of the City Council; and
WHEREAS, Section 02.05.01(D) provides that the City Manager shall prepare salary and benefit schedules for presentation to the City Council; and WHEREAS, the City Council approved the job classification via Resolution R-24-31 and the salary via Resolution R-24-30 for the position of Part-Time Building Attendant; and WHEREAS, the position of Building Attendant is part-time, therefore is unrepresented; and
WHEREAS, the City Council previously adopted a compensation plan for unrepresented employees; and
WHEREAS, this resolution shall supersede any and all resolutions pertaining to the unrepresented employees salary and benefits schedule, including, R-22-38, R-22-43, R-22-46, R24-04 and R-24-16 pertaining to unrepresented employees salary and benefits schedule for the period covering July 1, 2022 through June 30, 2024.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MARINO, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1. That the “Unrepresented Employees Salary and Benefit Schedule” for the period covering July 1, 2024 to June 30, 2027, as attached hereto, and made a part hereof shall be adopted as the salary and benefit schedule for unrepresented employees in the City of San Marino.
SECTION 2. That the “Unrepresented Employees Salary and Benefit Schedule” shall become a part of the City’s personnel rules and regulations.
PASSED, APPROVED, AND ADOPTED, at a Regular Meeting of the City Council of the City of San Marino, California, on this 13th day of November, 2024.
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CITY OF SAN MARINO RESOLUTION NO. R-24-34
STEVEN HUANG, D.D.S., MAYOR
ATTEST:
ALISON WALKER, CITY CLERK
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CITY OF SAN MARINO RESOLUTION NO. R-24-34
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SAN MARINO )
I, Alison Walker, City Clerk of the City of San Marino, California, hereby certify that Resolution No R-24-34 was adopted by the City Council of the City of San Marino at a regular meeting held on the 13th day of November, 2024, and that the same was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
ALISON WALKER, CITY CLERK
CITY OF SAN MARINO
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UNREPRESENTED EMPLOYEES
SALARY AND BENEFITS SCHEDULE
PERIOD COVERING
JULY 1, 2024 THROUGH JUNE 30, 2027
AS AMENDED BY RESOLUTION NO. R-24-34
SECTION 1. INTRODUCTION
This salary and benefit schedule shall represent the compensation program provided to unrepresented employees of the City of San Marino for the period July 1, 2024 through June 30, 2027. Unrepresented employees include department directors/chiefs, managers, and part-time employees. All full-time unrepresented employees are designated FLSA “exempt.” SECTION 2. WAGE AND SALARY
SECTION 2.1. ADMINISTRATION OF BASIC COMPENSATION PLAN.
Effective July 1, 2024, July 1, 2025, and July 1, 2026, all classifications shall receive a base salary increase of four (4%) percent each year.
A schedule of job classifications together with salary rate ranges is set forth in Exhibit A and attached hereto. Said salary rates shall be effective as indicated.
Notwithstanding the classification’s exempt status, the Fire Division Chief classification shall receive time-and-one-fifth (1.2 times the employee’s regular rate of pay) compensation for administrative duties worked beyond 112.31 hours in a pay period. In circumstances where an employee in the Fire Division Chief classification assumes supplemental responsibilities on a temporary basis, a maximum duration of 12 consecutive months, the Fire Chief, with the City Manager’s approval, is authorized to grant up to an additional 10% of compensation at the employee’s base salary rate for the duration of the assignment.
In circumstances where a Department Director assumes responsibility for an additional department, the City Manager is authorized to grant an additional 10%-15% of compensation at the employee’s base salary rate for the duration of the assignment, to be effective after the first two weeks have elapsed per occurrence.
Management employees promoted to their position from within City employment shall receive at least a five percent (5%) salary increase. Management employees appointed from outside City employment shall receive a salary at the level approved by the City Manager.
Management employees shall be eligible for a merit increase within their appropriate salary range following the successful conclusion of their initial probationary period (for those who serve a probationary period), and each twelve (12) months thereafter, following an evaluation of the employee by the City Manager or his/her designee.
Employees with unsatisfactory performance shall not receive a merit increase.
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SECTION 2.2 LONGEVITY PAY.
Full-time employees shall be eligible to receive additional monthly compensation of base salary at the completion of the designated full-time years of service with the City of San Marino as set forth in the table below:
Years of Service % of Base Salary Per Month
Year 10 2%
Year 15 4%
Year 20 6%
Longevity Pay compensation shall occur the pay period following the completion of the total years of service.
SECTION 2.3. BILINGUAL PAY.
Full-time employeeswho demonstrate conversational verbal fluency in Cantonese, Taiwanese, Mandarin, and/or Spanish (or any other language as determined by the City Manager) shall receive compensation in the amount of $100 per month. In exchange, the employee agrees to use his/her fluency to communicate and translate as needed.
Qualification for bilingual pay shall be subject to successful completion of a proficiency exam as determined by the Human Resources Director. Bilingual pay will start at the beginning of the pay period immediately following the employee's successful completion of a proficiency exam. Biennial requalification will be required for continuation of bilingual pay.
The total number of positions authorized for bilingual pay at any one time is at the discretion of the City Manager.
SECTION 2.4. EDUCATION INCENTIVE PAY.
Full-time employees that possess a degree from an accredited university in a related field that is not required by the job classification or governing agency (i.e. P.O.S.T.) or maintain a license (i.e. CPA or PE) that is not required by the job classification, shall be eligible to receive Education Incentive Pay as set forth in the table below:
Degree Per Month
Bachelor’s $200
Master’s, CPA, PE $400
The City will provide an Education Incentive Pay only for the highest degree earned.
Employees must present a copy of their Degree(s) to the Human Resources Department in order to determine eligibility. Education Incentive Pay will start at the beginning of the pay period immediately following the employee successfully meeting all of the requirements.
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SECTION 3. TUITION REIMBURSEMENT
Full-time employees are eligible for reimbursement for costs incurred during the fiscal year related to pursuing a formal college degree related to their field of work and subject to prior approval by the City Manager. Costs for books, fees and tuition are eligible for reimbursement.
Maximum annual reimbursement is two thousand-five hundred ($2,500.00) dollars per employee.
Actual amount may vary based on available funds and the number of members submitting for reimbursement and the total amount requested by applicants. Maximum annual funds available for the program is five thousand ($5,000.00) dollars. Amount of funds to be dispersed will be established at the end of the fiscal year and will be based on the number of applicants and the total amount requested.
If the total amount requested exceeds five thousand ($5,000.00) dollars, then the two thousandfive hundred ($2,500.00) dollars maximum per applicant will be reduced for all applicants to an amount which will result in a cumulative maximum of five thousand ($5,000.00) dollars. • Example 1 – Five (5) members apply. One (1) for two thousand-five hundred ($2,500.00) dollars and the others for one thousand ($1,000.00) dollars each. The maximum benefit would be reduced to one thousand ($1,000.00) dollars for each applicant. • Example 2 - Three (3) members apply. Two (2) for two thousand-five hundred ($2,500.00) dollars and one (1) for one thousand ($1,000.00) dollars. The maximum benefit would be reduced to two thousand ($2,000.00) dollars for each applicant.
SECTION 4. TECHNOLOGY LOAN PROGRAM
The Technology Loan Program is intended to assist full-time employees who want to purchase computers, software, and peripheral equipment. Authorized, purchases are intended to upgrade employee skills in current technology that can be used on the job. In order to be eligible to participate in the Technology Loan Program, employees must have been employed with the City of San Marino for at least one (1) year. An employee may apply for a Technology Loan for up to two thousand four hundred ($2,400.00) dollars as long as the prior loan has been paid in full. The Loan must be paid back in full within twenty-four (24) months following disbursement.
Prior to participating in the Employee Technology Loan Program, employees must agree and accept the terms and conditions of the Technology Loan Promissory Note, which is available in the Human Resources Department, and is subject to City Manager approval.
At the time of termination of employment (voluntary or involuntary), any outstanding balance of the loan will be due immediately and payable to the City before the final pay is released.
A maximum of five (5) new Technology Loans will be provided in a fiscal year subject to available funds.
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SECTION 5. VEHICLE USE
DEPARTMENT DIRECTORS’ VEHICLE ALLOWANCE
The following Director positions will be provided a two hundred dollar ($200.00) per month car allowance to compensate employees for the use of their personal vehicles in the performance of, and related to his/her duties:
Community Services Director
Community Development Director
Finance Director
Human Resources Director
USE OF CITY VEHICLES
The following positions may be assigned City vehicles, with the approval of the City Manager, for their use due to the unique nature of these positions and their responsibility at any and all times to be called upon to respond to emergency situations:
Police Chief*
Police Commander
Fire Chief*
Fire Division Chief
Parks & Public Works Director/City Engineer*
Public Works Manager
*In lieu of assigning a City vehicle, the City Manager may authorize a two hundred dollar ($200.00) per month car allowance to compensate employees for the use of their personal vehicles in the performance of, and related to his/her duties.
The City will provide all maintenance upkeep, fuels, and insurance on the assigned City vehicle. Personal use of the assigned City vehicle beyond commuting from home to work and work to home is prohibited, except during those times when the employee is on call. In those cases, the employees personal use is limited to the local area. Any employee issued a City vehicle agrees to hold the City harmless to waive all rights to seek damages for injury to him/herself for personal use of the vehicle. The waiver shall be prepared by the City.
Assignment of a City vehicle may be revoked or modified by the City Council, City Manager, or respective department without recourse by the employee.
SECTION 6. RETIREMENT
Employees eligible for participation in the CalPERS Retirement system shall be subject to the following rules. Employees not deemed eligible for membership in the CalPERS system shall participate in PARS.
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NEW MEMBERS
The Public Employees’ Pension Reform Act of 2013 (PEPRA) defines a “new member” as any of the following:
• A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who has no prior membership in any California public retirement system.
• A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who is not eligible for reciprocity with another California public retirement system.
• A member who first established CalPERS membership prior to January 1, 2013, and who is rehired by a different CalPERS employer after a break in service of greater than six months.
CLASSIC MEMBERS
CalPERS refers to all members that do not fit within the definition of a new member as “Classic Members.”
FIRE MANAGERS:
Effective January 1, 2013, the employees’ retirement formula shall be determined by a three-tier system:
Tier 1: For Classic Members hired by the City before July 1, 2006, the City has contracted with PERS to provide 3% at 50 Retirement Benefit with the single highest one-year salary calculated as final compensation. Employees shall pay the entire portion of the required 9% employee contribution on behalf of the employee to CalPERS.
Tier 2: For Classic Members hired by the City on or after July 1, 2006 and before January 1, 2013 the City has contracted with PERS to provide 3% at 55 Retirement Benefit with the single highest one-year salary calculated as final compensation. Employees shall pay the entire portion of the required 9% employee contribution on behalf of the employee to CalPERS.
Tier 3: For New Members, as defined by PEPRA, the City previously contracted with PERS to provide 2% at 57 Retirement Benefit with three years of their highest average salary calculated as final compensation. With the adoption of this year’s Firefighters’ Association MOU, the City will pursue execution of a contract amendment with CalPERS to establish a new PEPRA tier at the 2.7% @ 57 formula. Once the new tier is effective, all current Fire PEPRA employees will be transferred from the 2% @ 57 formula to the 2.7% @ 57 formula and all new Fire PEPRA employees will be enrolled in this new tier. The required employee contribution for new members is adjusted periodically by CalPERS.
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POLICE MANAGERS:
Effective January 1, 2013, the employees’ retirement formula shall be determined by a three-tier system:
Tier 1: For Classic Members hired by the City before November 18, 2012, the City has contracted with PERS to provide 3% at 50 Retirement Benefit with the single highest one-year salary calculated as final compensation. Employees shall pay the entire portion of the required 9% employee contribution on behalf of the employee to CalPERS.
Tier 2: For Classic Members hired by the City on or after November 18, 2012, the City has contracted with PERS to provide 2% at 55 Retirement Benefit with three years of their highest average salary calculated as final compensation. Employees shall pay the entire portion of the required 7% employee contribution on behalf of the employee to CalPERS.
Tier 3: For New Members, as defined by PEPRA, the City has contracted with PERS to provide 2% at 57 Retirement Benefit with three years of their highest average salary calculated as final compensation. The required employee contribution for new members is adjusted periodically by CalPERS.
MISCELLANEOUS (NON-SWORN) MANAGERS:
Effective January 1, 2013, the employees’ retirement formula shall be determined by a three-tier system:
Tier 1: For Classic Members hired by the City before July 1, 2012, the City has contracted with PERS to provide 2% at 55 Retirement Benefit with the single highest one-year salary calculated as final compensation. Employees shall pay the entire portion of the required 7% employee contribution on behalf of the employee to CalPERS.
Tier 2: For Classic Members hired by the City after July 1, 2012, the City has contracted with PERS to provide 2% at 60 Retirement Benefit with three years of their highest average salary calculated as final compensation. Employees shall pay the entire portion of the required 7% employee contribution on behalf of the employee to CalPERS.
Tier 3: For New Members, as defined by PEPRA, the City has contracted with PERS to provide 2% at 62 Retirement Benefit with three years of their highest average salary calculated as final compensation. The required employee contribution for new members is adjusted periodically by CalPERS.
PARTICIPATION IN PUBLIC AGENCY RETIREMENT SERVICES (PARS) Employees deemed ineligible for participation in the CalPERS Retirement System (typically part-time employees) shall participate in the PARS retirement program, which is a qualified alternative to Social Security. The Plan requires a 7.5% contribution per pay period, which shall be evenly split between the City and the employee.
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DEFERRED COMPENSATION
Effective July 1, 2024, all non-sworn full-time employees shall be eligible for a dollar-fordollar matching contribution to the City-sponsored deferred compensation program, up to a maximum City contribution of two hundred dollars ($200.00) per month. Effective July 1, 2022, all sworn full-time Police employees assigned to the Tier 3 Retirement formula (also known as “the PEPRA Tier”) shall be eligible for a dollar-for-dollar matching contribution to the Citysponsored deferred compensation program, up to a maximum of one hundred seventy-five ($175.00) dollars per month.
SECTION 7. MEDICAL AND OTHER HEALTH BENEFITS
SECTION 7.1. FLEXIBLE MEDICAL BENEFITS.
Effective February 1, 2009 the City of San Marino commenced participation in the Public Employees’ Medical and Hospital Care Act, Government Code Sections 22750 et. seq. The employer contribution for annuitants shall at all times equal employer contribution paid for active employees. Medical benefits shall be under the PERS medical program.
SECTION 7.2. OTHER HEALTH BENEFITS.
The City shall make available to current full-time employees group dental and vision programs, for as long as employee participation permits such programs to be provided. Employees may join or remove themselves or their dependents from participation in any program once annually. The City shall notify employees of the join/remove period by providing a notice with payroll at least three (3) weeks prior to the time period.
SECTION 7.3. EMPLOYEE PARTICIPATION.
All eligible employees (typically only full-time employees) shall be covered under the PERS medical program, except as provided for herein. The employee may select from the PERS plans which health program is best for the employee's family once annually. Employees may modify their dependent medical coverage under the PERS health plan as permitted by the insurance company. Should the program cost more than the City's contribution provided in this Article, the City shall deduct the additional funds from the employee's paycheck to pay the difference.
If an employee is able to provide proof of coverage under a spouse's or other health insurance plan, the employee need not obtain health insurance under the City's provided PERS medical program. All employees electing not to participate in the City's PERS medical program shall be required to:
1. Submit adequate written proof of medical coverage;
2. Provide the City with no less than thirty (30) days written notice before any such medical coverage is canceled; and
3. Execute a liability and hold harmless release form removing the City from all liability resulting from medical coverage or the lack thereof.
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SECTION 7.4. CITY CONTRIBUTION.
The City's contribution is established at two-hundred seventy-five dollars ($275.00) per month per annuitant and active eligible employee. This monthly contribution shall only increase as required by the Board of Administration of the Public Employees’ Retirement System or the State Legislature, as set forth in Government Code Section 22892.
The City of San Marino will establish a flexible floating fringe benefit pool (“FFBP”) for currently active employees. This “FFBP” shall not be used by any current annuitants or future annuitants. The purpose of the “FFBP” is to provide current active employees with additional health insurance, life insurance, vision insurance, disability insurance, and dental insurance.
Through June 30, 2027, the City of San Marino commits to fully funding the cost of the insurances or until the resolution is amended; whichever is later as noted above for the employee and all eligible dependents, capped at the rates for the Los Angeles County region of medical coverage.
In the event that the “FFBP” fails to cover the actual costs of the additional health insurance, required life insurance, vision insurance, required disability insurance, and dental insurance, the individual employee shall pay the difference. Any “FFBP” amount left unspent on actual insurance costs will be forfeited by the employee, with no option to cash it out, utilize it towards voluntary benefits, etc.
SECTION 7.5. LEGACY CASH-OUT PROGRAM.
In 2019, the City of San Marino discontinued the practice of permitting the unused amount of the FFBP to be cashed out by current and/or new employees. Only employees who were cashing out at the time of the previous MOU adoption were permitted to continue. That policy continues in this MOU. The employees who continue to have a cash-out amount are now part of this “Legacy Cash Out Program.” Said cash-out shall not be compensable to CalPERS as salary pursuant to California Code of Regulations, Chapter 2, Article 5, Section 572 (2CCR571). As before, all cashout amounts are capped and shall never increase from the current amounts, but may decrease, as follows.
All Legacy Cash Out participants who elect medical insurance coverage shall have the amount of their cash-out reduced on a penny-for-penny basis directly proportional to any increase to their insurance costs. For example, if an employee’s insurance costs increase by fifty dollars and seventy-five ($50.75) cents per month, that employee’s cash-out will reduce by fifty dollars and seventy-five ($50.75) per month. Effective July 1, 2022, any reduction becomes the new maximum cash-out amount for the employee and may decrease again in the future, but never increase.
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For Legacy Cash Out Program employees who waive medical insurance coverage, their cash-out amounts will be reduced by the average percent that the cash-out reduced for Legacy employees who elect medical insurance coverage. For example, if the Legacy employees who elect medical insurance see an overall average reduction of 3.75% in their collective cash-out amount, then Legacy employees who waive medical insurance will see a corresponding 3.75% reduction in their cash-out amounts. Effective July 1, 2022, any reduction becomes the new maximum cash-out amount for the employee and may decrease again in the future, but never increase.
SECTION 7.6. RETIREE PARTICIPATION.
Retirees, who have retired under a PERS retirement program after a minimum of five (5) years of full-time employment with the City or who have been authorized by the City Manager, shall be eligible to participate in the PERS medical program, the dental program and the vision plan provided by the City for current employees as provided in this Article.
Retirees and their dependents shall be eligible to remain in the PERS medical program for as long as they shall meet the requirements of said program. Retirees shall be eligible to participate in the other health programs provided for herein until they reach the age of sixty-five (65). Retirees may carry dependent coverage under the health programs (other than PERS medical) provided for herein until the dependent reaches the age of sixty-five (65).
Employees that retired prior to July 1, 2024 shall be provided two hundred seventy-five ($275.00) dollars per month to be used for payment toward the medical and health benefits contained herein. If a retiree selects a program(s) in excess of the amount provided by the City, the Retiree shall be responsible for paying the balance due. Should the retiree select a program(s) costing less than the amount provided by the City or elect not to have any coverage, the employee shall have no rights to the balance available.
The City shall increase the contribution available to retirees by the amount required by the PERS medical program.
Employees that retire after July 1, 2024 shall be provided the following retiree medical contributions based on years of service with the City of San Marino:
Years of Service Amount Per Month
5-10 Years $400
11-20 Years $600
21+ Years $800
The medical contribution is to be used for payment toward the medical and health benefits contained herein. If a retiree selects a program(s) in excess of the amount provided by the City, the Retiree shall be responsible for paying the balance due. Should the retiree select a program(s) costing less than the amount provided by the City or elect not to have any coverage, the employee shall have no rights to the balance available.
The City shall increase the contribution available to retirees by the amount required by the PERS medical program.
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SECTION 7.7. LONG TERM DISABILITY INSURANCE.
The City shall provide a Long-Term Disability (LTD) insurance program for affected employees. The cost for said LTD insurance shall be paid by the employee from the monthly City contribution noted earlier in this Section. All affected employees shall be required to participate in the Long-Term Disability insurance program.
The Short/Long-Term Disability program shall be with a thirty (30) day elimination period up to age 65.
SECTION 7.8. LIFE INSURANCE.
The City shall provide a life insurance benefit in the amount of fifty thousand dollars ($50,000.00) per employee. The cost for said life insurance shall be paid by the employee from the monthly City contribution.
All affected employees shall be required to participate in the life insurance program. An employee may buy additional life insurance at their own cost.
SECTION 7.9. PART-TIME EMPLOYEE PARTICIPATION.
Effective January 1, 2023, part-time employees may elect to participate in all eligible insurance programs at their own cost; there will be no City contribution. Eligibility determinations are made by the insurance plans themselves, but the City anticipates that dental, vision, life, disability, and supplemental programs will likely be available.
SECTION 8. NON-SWORN WORK SCHEDULES
Effective March 1, 2020, the following work schedule shall take effect for full-time non-sworn employees unless otherwise modified by the City Manager.
Monday-Thursday 7:00 a.m. to 5:00 p.m.
Friday 7:00 a.m. to 11:00 a.m.
Affected Employees Include:
• City Hall:
o Accounting Manager/Controller
o Assistant to the City Manager/ Community Engagement Manager o City Clerk
o Code Enforcement Manager
o Community Development Director
o Finance Director
o Human Resources Director
• Community Services:
o Community Services Director
o Recreation Manager
o Library Manager
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• Police:
o Police Records Manager
• Public Works:
o Parks & Public Works Director/City Engineer
o Public Works Manager
SECTION 9. HOLIDAYS
All full-time employees shall be entitled to the following twelve (12) holidays as days off with pay:
o New Year's Day
o President's Day
o Martin Luther King Jr. Day
o Memorial Day
o Fourth of July
o Labor Day
o Veteran's Day
o Thanksgiving Day
o Friday after Thanksgiving
o Christmas Eve
o Christmas Day
o New Year's Eve
A holiday is equivalent to the number of hours the employee is normally scheduled to work.
Full-time exempt employees required by the City Manager to work a holiday may (on an hour-forhour basis up to a maximum of one full day) credit those working hours to their Holiday Earned accrual account or use the equivalent number of hours by June 30th, subject to their supervisor’s approval of the day off.
SECTION 9.1. FLOATING HOLIDAY.
Full-time employees shall have one (1) floating holiday per calendar year on a use it or lose it basis. A floating holiday is equivalent to the number of hours the employee is normally scheduled to work. The date of the floating holiday may be selected by the employee but shall be subject to prior approval by their supervisor who shall consider the request of the employee and the needs of the City.
SECTION 10. SICK LEAVE
SECTION 10.1. FULL-TIME EMPLOYEES SICK LEAVE.
Sick leave shall be used solely for:
• Diagnosis, care or treatment of an existing health condition or preventative care for an employee or an employee’s family member(s). Family member includes parent (including step-parent), child (including step-child), spouse, registered domestic partner, parent-inlaw, sibling, grandchild, or grandparent.
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• To obtain relief or services related to being a victim of domestic violence, sexual assault, or stalking as described in Labor Code Section 230(c) and 230.1(a).
In the event an employee experiences a catastrophic illness, the employee may be credited donated sick leave hours from other employees’ sick leave accruals upon prior approval of the Human Resources Director. The employee must first exhaust all their sick and vacation leave prior to receiving any sick leave donation. Catastrophic leave will be approved upon presentation of a “medical certification of a serious health condition.”
Each full-time employee shall accrue five (5) hours of sick leave time at the end of each pay period not to exceed ten (10) hours per month, up to a maximum of two-hundred and forty (240) hours. Upon reaching the maximum accrual allowed, accrued hours received above the maximum shall be placed in a “bank,” only to be used in the event of a catastrophic illness with the approval of the Human Resources Director.
Employees requesting time off under this policy shall provide as much advance notice as possible to their immediate supervisor by submitting a “Leave Request” form.
An employee who has been absent from work due to illness shall complete a "Leave Request" form on the day he/she returns to work indicating the date, times and nature of illness.
Newly-hired full-time employees shall receive sixty (60) hours of sick leave time on the date of initial hire as an advance for accruals, and shall be eligible to begin the monthly accrual provided for herein beginning the first day of the month following completion of six (6) months of employment.
No portion of this Section shall be deemed to prevent an employee from utilizing other accrued leave time, if available, for the purpose of medical or sick leave.
Full-time management employees may elect to cash out sick leave balances in excess of one hundred and sixty (160) hours at a rate of fifty ($0.50) cents on the dollar of their base hourly rate of pay. Employees must maintain a minimum of one hundred and sixty (160) hours of sick leave in order to be compensated. Accruals will be based on balances during the last pay period of each fiscal year. Employees shall have no vested rights in the accrued sick leave time upon termination with the City.
SECTION 10.2. PART-TIME EMPLOYEES SICK LEAVE.
On January 1, 2024, part-time employees shall be credited an additional sixteen (16) hours of sick leave to their sick leave bank and on July 1st of each fiscal year thereafter, the City shall provide part-time employees sick leave in a lump sum of forty (40) hours to use for scheduled hours missed, and for permitted purposes as described below:
1. Diagnosis, care, or treatment of an existing health condition of the employee or the employee’s family member,
2. Preventive care for the employee or the employee's family member;
3. For an employee who is a victim of domestic violence, sexual assault, or stalking.
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“Family Member” for purposes of this policy includes parent (including step-parent and parent-in-law), child (including step-child), spouse, registered domestic partner, sibling, grandparent, and grandchildren. Employees requesting time off under this policy shall provide as much advance notice as possible to their immediate supervisor by submitting a “Leave Request” form.
Employees may use accrued Sick Leave only after completing ninety (90) days of employment with the City. Employees who work less than ninety (90) days with the City are not entitled to use any Sick Leave. The days worked for the City, by an employee who separates from the City and is rehired within twelve (12) months from the date of separation, will count toward the ninety (90) day qualification period. Additionally, the paid sick leave law requires that an employee’s unused sick leave be restored to them if they return to the same employer within twelve (12) months from their previous separation.
Unused sick leave shall not be carried over to the following fiscal year.
SECTION 11. BEREAVEMENT LEAVE
On the death of a member of an employee's immediate family; meaning spouse, natural or adopted child, step-child, grandchild, brother, sister, parent, grandparent, parent-in-law, brotherin-law or sister-in-law, step-parent, step-brother, step-sister, or other relative living in the same household, the full-time or part-time employee shall be granted up to five (5) days of bereavement leave for each qualifying occurrence. Only full-time employees are eligible for paid bereavement leave. The five (5) days of bereavement leave do not have to be taken consecutively; leave can be intermittent. The employee must take the bereavement leave within three (3) months of the date of the family member’s death. Employees must provide documentation to support the leave to the Human Resources Department within thirty (30) days of the first day of leave.
Upon request, the City Manager may grant paid bereavement leave in excess of the leave provided herein.
SECTION 12. VACATION LEAVE
All full-time employees shall accrue vacation leave in accordance with the following formula:
(a) 9.5 hours for each month during the first (1st) through fifth (5th) year of employment (114.0 hours annually).
(b) 10.0 hours for each month during the sixth (6th) year of employment (120.0 hours annually).
(c) 11.0 hours for each month during the seventh (7th) year of employment (132.0 hours annually).
(d) 11.5 hours for each month during the eighth (8th) year of employment (138.0 hours annually).
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(e) 12.0 hours for each month during the ninth (9th) through the nineteenth (14th) year of employment (144.0 hours annually).
(f) 13.5 hours for each month during the fifteenth (15th) through the nineteenth (19th) year of employment (162 hours annually).
(g) 15.5 hours for each month during the twentieth (20th) through the twenty-fifth (25th) year of employment (186.0 hours annually).
(h) 17.0 hours for each month beginning with the twenty-sixth (26th) year of employment (204.0 hours annually).
Vacation leave shall be deemed as having been accrued by the employee only at the end of the pay period in which the employee was in the service of the City. If employment begins prior to the fifteenth (15th) of the month, vacation leave shall be accrued for that month. If employment begins after the fifteenth (15th) of the month vacation leave shall be accrued beginning with the first (1st) day of the following month. If termination occurs prior to the sixteenth (16th) day of the month no vacation leave shall be accrued for that month.
Accrual at the next highest incremental rate shall begin at the end of the first pay period ending after the employee's anniversary date of original employment with the City, regardless of any promotions or demotions. If the anniversary date is the first (1st) of the month the higher rate shall be credited for that month. If the anniversary date is the sixteenth (16th) of the month the higher rate shall begin with the first (1st) day of the following month.
Employees shall be eligible to accrue a maximum of two and a quarter (2.25) times the annual vacation leave for which the employee is eligible pursuant to this Section. Vacation leave in excess of the maximum accrual shall be compensated on the regular payroll following the month in which the maximum accrual was attained at the hourly rate pay in effect in the month of accrual.
Accrual in excess of the maximum permitted herein may be granted by the City Manager if special circumstances so warrant.
SECTION 12.1 VACTION LEAVE CREDIT FOR DIRECTORS
At the City Manager’s discretion, Directors shall be eligible to receive service credit for prior paid public service for the purpose of determining their annual vacation leave accrual rate.
At no time shall Directors receive more than ten (10) years’ service credit. To establish prior paid public service credit, the Human Resources Department will verify the years of service with CalPERS or other public agency retirement system.
SECTION 13. ADMINISTRATIVE LEAVE
All full-time employees shall be eligible for administrative leave in recognition of the additional hours required in performance of their duties. Administrative leave shall be taken only upon the approval of the City Manager. Administrative leave shall be accrued at the end of the first pay period beginning after July 1st of each year and shall not be carried beyond the fiscal year in which it is accrued, and remaining administrative leave time shall not be compensated.
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SECTION 13.1 ADMINISTRATIVE LEAVE FOR DIRECTORS
Each July, Directors may be credited up to one hundred (100) hours of Administrative Leave at the discretion of the City Manager. Administrative Leave does not rollover from year to year and the payment at termination only applies to the Administrative Leave that is accrued, and unused, during the fiscal year of the termination.
SECTION 13.2 ADMINISTRATIVE LEAVE FOR FULL-TIME MANAGEMENT
EMPLOYEES
Each July, full-time management employees may be credited up to eighty (80) hours of Administrative Leave annually at the discretion of the City Manager. Administrative Leave does not rollover from year to year and the payment at termination only applies to the Administrative Leave that is accrued, and unused, during the fiscal year of the termination.
SECTION 14. OTHER LEAVES OF ABSENCE
Full-time employees may be eligible for absence without pay for periods of up to thirty (30) days upon approval of the City Manager.
Full-time employees may be eligible for absence with or without pay for a period of not more than one (1) year upon approval of the City Manager and the City Council.
SECTION 15. PROBATION UPON APPOINTMENT
Department Director and part-time employees are designated as “at-will.” All other unrepresented employees who are not at-will and are appointed from outside City employment shall be subject to a twelve (12) month probationary period following their appointment to a management position, unless extended or shortened by the City Manager for no more than six months in either direction. An unrepresented not at-will current City employee who is promoted shall serve a six (6) month probationary period, unless extended or shortened by the City Manager for no more than six months in either direction.
SECTION 16. UNIFORMS
Employees required to regularly wear a uniform as part of their duties for the City shall have the uniforms provided by the City, unless otherwise specified below.
The Fire Chief and Fire Division Chief(s) shall be provided the sum of two hundred dollars ($200.00) each year for maintenance of regular fire uniforms.
The Police Chief and Police Commanders shall be provided the sum of one thousand dollars ($1000.00) each year for maintenance and purchase of police uniforms.
The Public Works Manager, Code Enforcement Manager, and part-time Code Enforcement Officer(s) shall be provided the sum of three hundred dollars ($300.00) each year for replacement of work boots.
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SECTION 17. SEVERANCE PROVISION FOR AT-WILL DEPARTMENT HEADS In recognition of the fact that Department Heads serve at the will and pleasure of the City Manager (with City Council concurrence), the City Manager may offer severance pay to any Department Head who is terminated involuntarily or pursuant to a negotiated separation agreement, in an amount not to exceed four months of base salary.
The amount of such severance shall be subject to the following provisions:
1. An employee must have at least twelve (12) months of service as a Department Head with the City.
2. An employee may be eligible for up to four (4) months of base salary based on years of service as a Department Head, as follows:
• 0-12 months - No Severance
• Completion of 12 months - 1 month of severance pay
• Completion of 24 months - 2 months of severance pay
• Completion of 36 months - 3 months of severance pay
• Completion of 48 months - 4 month of severance pay
3. Any severance pay is conditioned on the execution of a full release and waiver as to all employment-related issues by the Department Head.
4. This provision shall not apply to any retirement (either service or disability), death, and/or any voluntary resignation by a Department Head.
SECTION 18. APPEARANCE GUIDELINES
The City’s 2020 Business Attire and Grooming Policy (Non-Sworn) has been updated to provide for a casual Friday. All non-sworn employees are subject to this policy, which is included here as Exhibit B.
PAGE 1240 of 1856
EXHIBIT “A”
WAGE BENEFIT SCHEDULE
Executive Managers
Monthly Rates Effective: 7/1/2024
Step A Step B Step C Step D Step E
Fire Chief $16,217 $21,684
Chief of Police $16,217 $21,684
Community
Development
Director $14,454 $17,569
Finance Director $14,454 $17,569
Human Resources
Director $14,454 $17,569
Parks & Public
Works Director /City
Engineer. $14,454 $17,569
Community Services
Director $12,667 $15,397
Assistant to the City
Manager $9,928 $12,067
PAGE 1241 of 1856
Executive Managers
Monthly Rates Effective: 7/1/2025
Step A Step B Step C Step D Step E
Fire Chief $16,866 $22,551
Chief of Police $16,866 $22,551
Community
Development
Director $15,032 $18,272
Finance Director $15,032 $18,272
Human Resources
Director $15,032 $18,272
Parks & Public
Works Director/ City
Engineer. $15,032 $18,272
Community Services
Director $13,173 $16,013
Assistant to the City
Manager $10,325 $12,550
PAGE 1242 of 1856
Executive Managers
Monthly Rates Effective: 7/1/2026
Step A Step B Step C Step D Step E
Fire Chief $17,541 $23,453
Chief of Police $17,541 $23,453
Community
Development
Director $15,633 $19,003
Finance Director $15,633 $19,003
Human Resources
Director $15,633 $19,003
Parks & Public
Works Director /City
Engineer. $15,633 $19,003
Community Services
Director $13,700 $16,653
Assistant to the City
Manager $10,738 $13,052
PAGE 1243 of 1856
Managers
Monthly Rates Effective: 7/1/2024
Step A Step B Step C Step D Step E
Police
Commander $13,825 $14,516 $15,242 $16,004 $16,804
Fire Division
Chief $13,825 $14,516 $15,242 $16,004 $16,804
Public Works
Manager $9,928 $10,424 $10,945 $11,493 $12,067
Accounting
Manager/
Controller $9,928 $10,424 $10,945 $11,493 $12,067
Library
Manager $9,928 $10,424 $10,945 $11,493 $12,067
Police
Records
Manager $9,928 $10,424 $10,945 $11,493 $12,067
Recreation
Manager $9,928 $10,424 $10,945 $11,493 $12,067
Code
Enforcement
Manager $9,928 $10,424 $10,945 $11,493 $12,067
City Clerk $9,928 $10,424 $10,945 $11,493 $12,067
PAGE 1244 of 1856
Managers
Monthly Rates Effective: 7/1/2025
Step A Step B Step C Step D Step E
Police
Commander $14,378 $15,097 $15,852 $16,644 $17,476
Fire Division
Chief $14,378 $15,097 $15,852 $16,644 $17,476
Public Works
Manager $10,325 $10,841 $11,383 $11,952 $12,550
Accounting
Manager/
Controller $10,325 $10,841 $11,383 $11,952 $12,550
Library
Manager $10,325 $10,841 $11,383 $11,952 $12,550
Police
Records
Manager $10,325 $10,841 $11,383 $11,952 $12,550
Recreation
Manager $10,325 $10,841 $11,383 $11,952 $12,550
Code
Enforcement
Manager $10,325 $10,841 $11,383 $11,952 $12,550
City Clerk $10,325 $10,841 $11,383 $11,952 $12,550
PAGE 1245 of 1856
Managers
Monthly Rates Effective: 7/1/2026
Step A Step B Step C Step D Step E
Police
Commander $14,953 $15,701 $16,486 $17,310 $18,175
Fire Division
Chief $14,953 $15,701 $16,486 $17,310 $18,175
Public Works
Manager $10,738 $11,275 $11,839 $12,430 $13,052
Accounting
Manager/
Controller $10,738 $11,275 $11,839 $12,430 $13,052
Library
Manager $10,738 $11,275 $11,839 $12,430 $13,052
Police
Records
Manager $10,738 $11,275 $11,839 $12,430 $13,052
Recreation
Manager $10,738 $11,275 $11,839 $12,430 $13,052
Code
Enforcement
Manager $10,738 $11,275 $11,839 $12,430 $13,052
City Clerk $10,738 $11,275 $11,839 $12,430 $13,052
PAGE 1246 of 1856
Part-Time Employees
Hourly Rates Effective: 7/1/2024
Step A Step B Step C
Recreation Supervisor $43.50 $45.67 $47.96
Special Projects Coordinator $31.91 $33.51 $35.18
Code Enforcement Officer $36.88 $38.72 $40.66
Police Records Clerk $29.51 $30.99 $32.54
Librarian I $28.62 $30.05 $31.55
Child Development Specialist $25.51 $26.78 $28.12
Professional Intern $23.00 $24.15 $25.35
Assistant Pool Manager $22.32 $23.44 $24.61
Building Attendant $21.51 $22.59 $23.72
Maintenance Assistant $21.51 $22.59 $23.72
Recreation Specialist $20.31 $21.33 $22.39
Water Safety Instructor $20.31 $21.33 $22.39
Library Assistant $20.10 $21.11 $22.16
Library Monitor $19.16 $20.12 $21.13
Police Cadet $18.91 $19.86 $20.85
Library Clerk $17.57 $18.45 $19.37
Library Page $17.36 $18.23 $19.14
Park Attendant $17.36 $18.23 $19.14
Recreation Program Leader $17.36 $18.23 $19.14
Lifeguard $17.36 $18.23 $19.14
PAGE 1247 of 1856
Part-Time Employees
Hourly Rates Effective: 7/1/2025
Step A Step B Step C
Recreation Supervisor $45.24 $47.50 $49.88
Special Projects Coordinator $33.19 $34.85 $36.59
Code Enforcement Officer $38.36 $40.27 $42.29
Police Records Clerk $30.69 $32.23 $33.84
Librarian I $29.76 $31.25 $32.81
Child Development Specialist $26.53 $27.85 $29.25
Professional Intern $23.92 $25.11 $26.37
Assistant Pool Manager $23.22 $24.38 $25.60
Building Attendant $22.38 $23.49 $24.67
Maintenance Assistant $22.38 $23.49 $24.67
Recreation Specialist $21.12 $22.18 $23.29
Water Safety Instructor $21.12 $22.18 $23.29
Library Assistant $20.91 $21.95 $23.05
Library Monitor $19.93 $20.93 $21.97
Police Cadet $19.67 $20.65 $21.68
Library Clerk $18.27 $19.18 $20.14
Library Page $18.05 $18.96 $19.90
Park Attendant $18.05 $18.96 $19.90
Recreation Program Leader $18.05 $18.96 $19.90
Lifeguard $18.05 $18.96 $19.90
PAGE 1248 of 1856
Part-Time Employees
Hourly Rates Effective: 7/1/2026
Step A Step B Step C
Recreation Supervisor $47.05 $49.40 $51.87
Special Projects Coordinator $34.51 $36.24 $38.05
Code Enforcement Officer $39.89 $41.88 $43.98
Police Records Clerk $31.92 $33.52 $35.19
Librarian I $30.95 $32.50 $34.13
Child Development Specialist $27.59 $28.97 $30.42
Professional Intern $24.87 $26.12 $27.42
Assistant Pool Manager $24.15 $25.35 $26.62
Building Attendant $23.27 $24.43 $25.66
Maintenance Assistant $23.27 $24.43 $25.66
Recreation Specialist $21.97 $23.07 $24.22
Water Safety Instructor $21.97 $23.07 $24.22
Library Assistant $21.74 $22.83 $23.97
Library Monitor $20.73 $21.76 $22.85
Police Cadet $20.45 $21.48 $22.55
Library Clerk $19.00 $19.95 $20.95
Library Page $18.78 $19.72 $20.70
Park Attendant $18.78 $19.72 $20.70
Recreation Program Leader $18.78 $19.72 $20.70
Lifeguard $18.78 $19.72 $20.70
PAGE 1249 of 1856
UNREPRESENTED EMPLOYEES
SALARY AND BENEFITS SCHEDULE
PERIOD COVERING
JULY 1, 2024 THROUGH JUNE 30, 2027
AS AMENDED BY RESOLUTION NO. R-24-34
SECTION 1. INTRODUCTION
This salary and benefit schedule shall represent the compensation program provided to unrepresented employees of the City of San Marino for the period July 1, 2024 through June 30, 2027. Unrepresented employees include department directors/chiefs, managers, and part-time employees. All full-time unrepresented employees are designated FLSA “exempt.” SECTION 2. WAGE AND SALARY
SECTION 2.1. ADMINISTRATION OF BASIC COMPENSATION PLAN.
Effective July 1, 2024, July 1, 2025, and July 1, 2026, all classifications shall receive a base salary increase of four (4%) percent each year.
A schedule of job classifications together with salary rate ranges is set forth in Exhibit A and attached hereto. Said salary rates shall be effective as indicated.
Notwithstanding the classification’s exempt status, the Fire Division Chief classification shall receive time-and-one-fifth (1.2 times the employee’s regular rate of pay) compensation for administrative duties worked beyond 112.31 hours in a pay period. In circumstances where an employee in the Fire Division Chief classification assumes supplemental responsibilities on a temporary basis, a maximum duration of 12 consecutive months, the Fire Chief, with the City Manager’s approval, is authorized to grant up to an additional 10% of compensation at the employee’s base salary rate for the duration of the assignment.
In circumstances where a Department Director assumes responsibility for an additional department, the City Manager is authorized to grant an additional 10%-15% of compensation at the employee’s base salary rate for the duration of the assignment, to be effective after the first two weeks have elapsed per occurrence.
Management employees promoted to their position from within City employment shall receive at least a five percent (5%) salary increase. Management employees appointed from outside City employment shall receive a salary at the level approved by the City Manager.
Management employees shall be eligible for a merit increase within their appropriate salary range following the successful conclusion of their initial probationary period (for those who serve a probationary period), and each twelve (12) months thereafter, following an evaluation of the employee by the City Manager or his/her designee.
Employees with unsatisfactory performance shall not receive a merit increase.
PAGE 1250 of 1856
SECTION 2.2 LONGEVITY PAY.
Full-time employees shall be eligible to receive additional monthly compensation of base salary at the completion of the designated full-time years of service with the City of San Marino as set forth in the table below:
Years of Service % of Base Salary Per Month
Year 10 2%
Year 15 4%
Year 20 6%
Longevity Pay compensation shall occur the pay period following the completion of the total years of service.
SECTION 2.3. BILINGUAL PAY.
Full-time employeeswho demonstrate conversational verbal fluency in Cantonese, Taiwanese, Mandarin, and/or Spanish (or any other language as determined by the City Manager) shall receive compensation in the amount of $100 per month. In exchange, the employee agrees to use his/her fluency to communicate and translate as needed.
Qualification for bilingual pay shall be subject to successful completion of a proficiency exam as determined by the Human Resources Director. Bilingual pay will start at the beginning of the pay period immediately following the employee's successful completion of a proficiency exam. Biennial requalification will be required for continuation of bilingual pay.
The total number of positions authorized for bilingual pay at any one time is at the discretion of the City Manager.
SECTION 2.4. EDUCATION INCENTIVE PAY.
Full-time employees that possess a degree from an accredited university in a related field that is not required by the job classification or governing agency (i.e. P.O.S.T.) or maintain a license (i.e. CPA or PE) that is not required by the job classification, shall be eligible to receive Education Incentive Pay as set forth in the table below:
Degree Per Month
Bachelor’s $200
Master’s, CPA, PE $400
The City will provide an Education Incentive Pay only for the highest degree earned.
Employees must present a copy of their Degree(s) to the Human Resources Department in order to determine eligibility. Education Incentive Pay will start at the beginning of the pay period immediately following the employee successfully meeting all of the requirements.
PAGE 1251 of 1856
SECTION 3. TUITION REIMBURSEMENT
Full-time employees are eligible for reimbursement for costs incurred during the fiscal year related to pursuing a formal college degree related to their field of work and subject to prior approval by the City Manager. Costs for books, fees and tuition are eligible for reimbursement.
Maximum annual reimbursement is two thousand-five hundred ($2,500.00) dollars per employee.
Actual amount may vary based on available funds and the number of members submitting for reimbursement and the total amount requested by applicants. Maximum annual funds available for the program is five thousand ($5,000.00) dollars. Amount of funds to be dispersed will be established at the end of the fiscal year and will be based on the number of applicants and the total amount requested.
If the total amount requested exceeds five thousand ($5,000.00) dollars, then the two thousandfive hundred ($2,500.00) dollars maximum per applicant will be reduced for all applicants to an amount which will result in a cumulative maximum of five thousand ($5,000.00) dollars. • Example 1 – Five (5) members apply. One (1) for two thousand-five hundred ($2,500.00) dollars and the others for one thousand ($1,000.00) dollars each. The maximum benefit would be reduced to one thousand ($1,000.00) dollars for each applicant. • Example 2 - Three (3) members apply. Two (2) for two thousand-five hundred ($2,500.00) dollars and one (1) for one thousand ($1,000.00) dollars. The maximum benefit would be reduced to two thousand ($2,000.00) dollars for each applicant.
SECTION 4. TECHNOLOGY LOAN PROGRAM
The Technology Loan Program is intended to assist full-time employees who want to purchase computers, software, and peripheral equipment. Authorized, purchases are intended to upgrade employee skills in current technology that can be used on the job. In order to be eligible to participate in the Technology Loan Program, employees must have been employed with the City of San Marino for at least one (1) year. An employee may apply for a Technology Loan for up to two thousand four hundred ($2,400.00) dollars as long as the prior loan has been paid in full. The Loan must be paid back in full within twenty-four (24) months following disbursement.
Prior to participating in the Employee Technology Loan Program, employees must agree and accept the terms and conditions of the Technology Loan Promissory Note, which is available in the Human Resources Department, and is subject to City Manager approval.
At the time of termination of employment (voluntary or involuntary), any outstanding balance of the loan will be due immediately and payable to the City before the final pay is released.
A maximum of five (5) new Technology Loans will be provided in a fiscal year subject to available funds.
PAGE 1252 of 1856
SECTION 5. VEHICLE USE
DEPARTMENT DIRECTORS’ VEHICLE ALLOWANCE
The following Director positions will be provided a two hundred dollar ($200.00) per month car allowance to compensate employees for the use of their personal vehicles in the performance of, and related to his/her duties:
Community Services Director
Community Development Director
Finance Director
Human Resources Director
USE OF CITY VEHICLES
The following positions may be assigned City vehicles, with the approval of the City Manager, for their use due to the unique nature of these positions and their responsibility at any and all times to be called upon to respond to emergency situations:
Police Chief*
Police Commander
Fire Chief*
Fire Division Chief
Parks & Public Works Director/City Engineer*
Public Works Manager
*In lieu of assigning a City vehicle, the City Manager may authorize a two hundred dollar ($200.00) per month car allowance to compensate employees for the use of their personal vehicles in the performance of, and related to his/her duties.
The City will provide all maintenance upkeep, fuels, and insurance on the assigned City vehicle. Personal use of the assigned City vehicle beyond commuting from home to work and work to home is prohibited, except during those times when the employee is on call. In those cases, the employees personal use is limited to the local area. Any employee issued a City vehicle agrees to hold the City harmless to waive all rights to seek damages for injury to him/herself for personal use of the vehicle. The waiver shall be prepared by the City.
Assignment of a City vehicle may be revoked or modified by the City Council, City Manager, or respective department without recourse by the employee.
SECTION 6. RETIREMENT
Employees eligible for participation in the CalPERS Retirement system shall be subject to the following rules. Employees not deemed eligible for membership in the CalPERS system shall participate in PARS.
PAGE 1253 of 1856
NEW MEMBERS
The Public Employees’ Pension Reform Act of 2013 (PEPRA) defines a “new member” as any of the following:
• A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who has no prior membership in any California public retirement system.
• A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who is not eligible for reciprocity with another California public retirement system.
• A member who first established CalPERS membership prior to January 1, 2013, and who is rehired by a different CalPERS employer after a break in service of greater than six months.
CLASSIC MEMBERS
CalPERS refers to all members that do not fit within the definition of a new member as “Classic Members.”
FIRE MANAGERS:
Effective January 1, 2013, the employees’ retirement formula shall be determined by a three-tier system:
Tier 1: For Classic Members hired by the City before July 1, 2006, the City has contracted with PERS to provide 3% at 50 Retirement Benefit with the single highest one-year salary calculated as final compensation. Employees shall pay the entire portion of the required 9% employee contribution on behalf of the employee to CalPERS.
Tier 2: For Classic Members hired by the City on or after July 1, 2006 and before January 1, 2013 the City has contracted with PERS to provide 3% at 55 Retirement Benefit with the single highest one-year salary calculated as final compensation. Employees shall pay the entire portion of the required 9% employee contribution on behalf of the employee to CalPERS.
Tier 3: For New Members, as defined by PEPRA, the City previously contracted with PERS to provide 2% at 57 Retirement Benefit with three years of their highest average salary calculated as final compensation. With the adoption of this year’s Firefighters’ Association MOU, the City will pursue execution of a contract amendment with CalPERS to establish a new PEPRA tier at the 2.7% @ 57 formula. Once the new tier is effective, all current Fire PEPRA employees will be transferred from the 2% @ 57 formula to the 2.7% @ 57 formula and all new Fire PEPRA employees will be enrolled in this new tier. The required employee contribution for new members is adjusted periodically by CalPERS.
PAGE 1254 of 1856
POLICE MANAGERS:
Effective January 1, 2013, the employees’ retirement formula shall be determined by a three-tier system:
Tier 1: For Classic Members hired by the City before November 18, 2012, the City has contracted with PERS to provide 3% at 50 Retirement Benefit with the single highest one-year salary calculated as final compensation. Employees shall pay the entire portion of the required 9% employee contribution on behalf of the employee to CalPERS.
Tier 2: For Classic Members hired by the City on or after November 18, 2012, the City has contracted with PERS to provide 2% at 55 Retirement Benefit with three years of their highest average salary calculated as final compensation. Employees shall pay the entire portion of the required 7% employee contribution on behalf of the employee to CalPERS.
Tier 3: For New Members, as defined by PEPRA, the City has contracted with PERS to provide 2% at 57 Retirement Benefit with three years of their highest average salary calculated as final compensation. The required employee contribution for new members is adjusted periodically by CalPERS.
MISCELLANEOUS (NON-SWORN) MANAGERS:
Effective January 1, 2013, the employees’ retirement formula shall be determined by a three-tier system:
Tier 1: For Classic Members hired by the City before July 1, 2012, the City has contracted with PERS to provide 2% at 55 Retirement Benefit with the single highest one-year salary calculated as final compensation. Employees shall pay the entire portion of the required 7% employee contribution on behalf of the employee to CalPERS.
Tier 2: For Classic Members hired by the City after July 1, 2012, the City has contracted with PERS to provide 2% at 60 Retirement Benefit with three years of their highest average salary calculated as final compensation. Employees shall pay the entire portion of the required 7% employee contribution on behalf of the employee to CalPERS.
Tier 3: For New Members, as defined by PEPRA, the City has contracted with PERS to provide 2% at 62 Retirement Benefit with three years of their highest average salary calculated as final compensation. The required employee contribution for new members is adjusted periodically by CalPERS.
PARTICIPATION IN PUBLIC AGENCY RETIREMENT SERVICES (PARS) Employees deemed ineligible for participation in the CalPERS Retirement System (typically part-time employees) shall participate in the PARS retirement program, which is a qualified alternative to Social Security. The Plan requires a 7.5% contribution per pay period, which shall be evenly split between the City and the employee.
PAGE 1255 of 1856
DEFERRED COMPENSATION
Effective July 1, 2024, all non-sworn full-time employees shall be eligible for a dollar-fordollar matching contribution to the City-sponsored deferred compensation program, up to a maximum City contribution of two hundred dollars ($200.00) per month. Effective July 1, 2022, all sworn full-time Police employees assigned to the Tier 3 Retirement formula (also known as “the PEPRA Tier”) shall be eligible for a dollar-for-dollar matching contribution to the Citysponsored deferred compensation program, up to a maximum of one hundred seventy-five ($175.00) dollars per month.
SECTION 7. MEDICAL AND OTHER HEALTH BENEFITS
SECTION 7.1. FLEXIBLE MEDICAL BENEFITS.
Effective February 1, 2009 the City of San Marino commenced participation in the Public Employees’ Medical and Hospital Care Act, Government Code Sections 22750 et. seq. The employer contribution for annuitants shall at all times equal employer contribution paid for active employees. Medical benefits shall be under the PERS medical program.
SECTION 7.2. OTHER HEALTH BENEFITS.
The City shall make available to current full-time employees group dental and vision programs, for as long as employee participation permits such programs to be provided. Employees may join or remove themselves or their dependents from participation in any program once annually. The City shall notify employees of the join/remove period by providing a notice with payroll at least three (3) weeks prior to the time period.
SECTION 7.3. EMPLOYEE PARTICIPATION.
All eligible employees (typically only full-time employees) shall be covered under the PERS medical program, except as provided for herein. The employee may select from the PERS plans which health program is best for the employee's family once annually. Employees may modify their dependent medical coverage under the PERS health plan as permitted by the insurance company. Should the program cost more than the City's contribution provided in this Article, the City shall deduct the additional funds from the employee's paycheck to pay the difference.
If an employee is able to provide proof of coverage under a spouse's or other health insurance plan, the employee need not obtain health insurance under the City's provided PERS medical program. All employees electing not to participate in the City's PERS medical program shall be required to:
1. Submit adequate written proof of medical coverage;
2. Provide the City with no less than thirty (30) days written notice before any such medical coverage is canceled; and
3. Execute a liability and hold harmless release form removing the City from all liability resulting from medical coverage or the lack thereof.
PAGE 1256 of 1856
SECTION 7.4. CITY CONTRIBUTION.
The City's contribution is established at two-hundred seventy-five dollars ($275.00) per month per annuitant and active eligible employee. This monthly contribution shall only increase as required by the Board of Administration of the Public Employees’ Retirement System or the State Legislature, as set forth in Government Code Section 22892.
The City of San Marino will establish a flexible floating fringe benefit pool (“FFBP”) for currently active employees. This “FFBP” shall not be used by any current annuitants or future annuitants. The purpose of the “FFBP” is to provide current active employees with additional health insurance, life insurance, vision insurance, disability insurance, and dental insurance.
Through June 30, 2027, the City of San Marino commits to fully funding the cost of the insurances or until the resolution is amended; whichever is later as noted above for the employee and all eligible dependents, capped at the rates for the Los Angeles County region of medical coverage.
In the event that the “FFBP” fails to cover the actual costs of the additional health insurance, required life insurance, vision insurance, required disability insurance, and dental insurance, the individual employee shall pay the difference. Any “FFBP” amount left unspent on actual insurance costs will be forfeited by the employee, with no option to cash it out, utilize it towards voluntary benefits, etc.
SECTION 7.5. LEGACY CASH-OUT PROGRAM.
In 2019, the City of San Marino discontinued the practice of permitting the unused amount of the FFBP to be cashed out by current and/or new employees. Only employees who were cashing out at the time of the previous MOU adoption were permitted to continue. That policy continues in this MOU. The employees who continue to have a cash-out amount are now part of this “Legacy Cash Out Program.” Said cash-out shall not be compensable to CalPERS as salary pursuant to California Code of Regulations, Chapter 2, Article 5, Section 572 (2CCR571). As before, all cashout amounts are capped and shall never increase from the current amounts, but may decrease, as follows.
All Legacy Cash Out participants who elect medical insurance coverage shall have the amount of their cash-out reduced on a penny-for-penny basis directly proportional to any increase to their insurance costs. For example, if an employee’s insurance costs increase by fifty dollars and seventy-five ($50.75) cents per month, that employee’s cash-out will reduce by fifty dollars and seventy-five ($50.75) per month. Effective July 1, 2022, any reduction becomes the new maximum cash-out amount for the employee and may decrease again in the future, but never increase.
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For Legacy Cash Out Program employees who waive medical insurance coverage, their cash-out amounts will be reduced by the average percent that the cash-out reduced for Legacy employees who elect medical insurance coverage. For example, if the Legacy employees who elect medical insurance see an overall average reduction of 3.75% in their collective cash-out amount, then Legacy employees who waive medical insurance will see a corresponding 3.75% reduction in their cash-out amounts. Effective July 1, 2022, any reduction becomes the new maximum cash-out amount for the employee and may decrease again in the future, but never increase.
SECTION 7.6. RETIREE PARTICIPATION.
Retirees, who have retired under a PERS retirement program after a minimum of five (5) years of full-time employment with the City or who have been authorized by the City Manager, shall be eligible to participate in the PERS medical program, the dental program and the vision plan provided by the City for current employees as provided in this Article.
Retirees and their dependents shall be eligible to remain in the PERS medical program for as long as they shall meet the requirements of said program. Retirees shall be eligible to participate in the other health programs provided for herein until they reach the age of sixty-five (65). Retirees may carry dependent coverage under the health programs (other than PERS medical) provided for herein until the dependent reaches the age of sixty-five (65).
Employees that retired prior to July 1, 2024 shall be provided two hundred seventy-five ($275.00) dollars per month to be used for payment toward the medical and health benefits contained herein. If a retiree selects a program(s) in excess of the amount provided by the City, the Retiree shall be responsible for paying the balance due. Should the retiree select a program(s) costing less than the amount provided by the City or elect not to have any coverage, the employee shall have no rights to the balance available.
The City shall increase the contribution available to retirees by the amount required by the PERS medical program.
Employees that retire after July 1, 2024 shall be provided the following retiree medical contributions based on years of service with the City of San Marino:
Years of Service Amount Per Month
5-10 Years $400
11-20 Years $600
21+ Years $800
The medical contribution is to be used for payment toward the medical and health benefits contained herein. If a retiree selects a program(s) in excess of the amount provided by the City, the Retiree shall be responsible for paying the balance due. Should the retiree select a program(s) costing less than the amount provided by the City or elect not to have any coverage, the employee shall have no rights to the balance available.
The City shall increase the contribution available to retirees by the amount required by the PERS medical program.
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SECTION 7.7. LONG TERM DISABILITY INSURANCE.
The City shall provide a Long-Term Disability (LTD) insurance program for affected employees. The cost for said LTD insurance shall be paid by the employee from the monthly City contribution noted earlier in this Section. All affected employees shall be required to participate in the Long-Term Disability insurance program.
The Short/Long-Term Disability program shall be with a thirty (30) day elimination period up to age 65.
SECTION 7.8. LIFE INSURANCE.
The City shall provide a life insurance benefit in the amount of fifty thousand dollars ($50,000.00) per employee. The cost for said life insurance shall be paid by the employee from the monthly City contribution.
All affected employees shall be required to participate in the life insurance program. An employee may buy additional life insurance at their own cost.
SECTION 7.9. PART-TIME EMPLOYEE PARTICIPATION.
Effective January 1, 2023, part-time employees may elect to participate in all eligible insurance programs at their own cost; there will be no City contribution. Eligibility determinations are made by the insurance plans themselves, but the City anticipates that dental, vision, life, disability, and supplemental programs will likely be available.
SECTION 8. NON-SWORN WORK SCHEDULES
Effective March 1, 2020, the following work schedule shall take effect for full-time non-sworn employees unless otherwise modified by the City Manager.
Monday-Thursday 7:00 a.m. to 5:00 p.m.
Friday 7:00 a.m. to 11:00 a.m.
Affected Employees Include:
• City Hall:
o Accounting Manager/Controller
o Assistant to the City Manager/ Community Engagement Manager o City Clerk
o Code Enforcement Manager
o Community Development Director
o Finance Director
o Human Resources Director
• Community Services:
o Community Services Director
o Recreation Manager
o Library Manager
PAGE 1259 of 1856
• Police:
o Police Records Manager
• Public Works:
o Parks & Public Works Director/City Engineer
o Public Works Manager
SECTION 9. HOLIDAYS
All full-time employees shall be entitled to the following twelve (12) holidays as days off with pay:
o New Year's Day
o President's Day
o Martin Luther King Jr. Day
o Memorial Day
o Fourth of July
o Labor Day
o Veteran's Day
o Thanksgiving Day
o Friday after Thanksgiving
o Christmas Eve
o Christmas Day
o New Year's Eve
A holiday is equivalent to the number of hours the employee is normally scheduled to work.
Full-time exempt employees required by the City Manager to work a holiday may (on an hour-forhour basis up to a maximum of one full day) credit those working hours to their Holiday Earned accrual account or use the equivalent number of hours by June 30th, subject to their supervisor’s approval of the day off.
SECTION 9.1. FLOATING HOLIDAY.
Full-time employees shall have one (1) floating holiday per calendar year on a use it or lose it basis. A floating holiday is equivalent to the number of hours the employee is normally scheduled to work. The date of the floating holiday may be selected by the employee but shall be subject to prior approval by their supervisor who shall consider the request of the employee and the needs of the City.
SECTION 10. SICK LEAVE
SECTION 10.1. FULL-TIME EMPLOYEES SICK LEAVE.
Sick leave shall be used solely for:
• Diagnosis, care or treatment of an existing health condition or preventative care for an employee or an employee’s family member(s). Family member includes parent (including step-parent), child (including step-child), spouse, registered domestic partner, parent-inlaw, sibling, grandchild, or grandparent.
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• To obtain relief or services related to being a victim of domestic violence, sexual assault, or stalking as described in Labor Code Section 230(c) and 230.1(a).
In the event an employee experiences a catastrophic illness, the employee may be credited donated sick leave hours from other employees’ sick leave accruals upon prior approval of the Human Resources Director. The employee must first exhaust all their sick and vacation leave prior to receiving any sick leave donation. Catastrophic leave will be approved upon presentation of a “medical certification of a serious health condition.”
Each full-time employee shall accrue five (5) hours of sick leave time at the end of each pay period not to exceed ten (10) hours per month, up to a maximum of two-hundred and forty (240) hours. Upon reaching the maximum accrual allowed, accrued hours received above the maximum shall be placed in a “bank,” only to be used in the event of a catastrophic illness with the approval of the Human Resources Director.
Employees requesting time off under this policy shall provide as much advance notice as possible to their immediate supervisor by submitting a “Leave Request” form.
An employee who has been absent from work due to illness shall complete a "Leave Request" form on the day he/she returns to work indicating the date, times and nature of illness.
Newly-hired full-time employees shall receive sixty (60) hours of sick leave time on the date of initial hire as an advance for accruals, and shall be eligible to begin the monthly accrual provided for herein beginning the first day of the month following completion of six (6) months of employment.
No portion of this Section shall be deemed to prevent an employee from utilizing other accrued leave time, if available, for the purpose of medical or sick leave.
Full-time management employees may elect to cash out sick leave balances in excess of one hundred and sixty (160) hours at a rate of fifty ($0.50) cents on the dollar of their base hourly rate of pay. Employees must maintain a minimum of one hundred and sixty (160) hours of sick leave in order to be compensated. Accruals will be based on balances during the last pay period of each fiscal year. Employees shall have no vested rights in the accrued sick leave time upon termination with the City.
SECTION 10.2. PART-TIME EMPLOYEES SICK LEAVE.
On January 1, 2024, part-time employees shall be credited an additional sixteen (16) hours of sick leave to their sick leave bank and on July 1st of each fiscal year thereafter, the City shall provide part-time employees sick leave in a lump sum of forty (40) hours to use for scheduled hours missed, and for permitted purposes as described below:
1. Diagnosis, care, or treatment of an existing health condition of the employee or the employee’s family member,
2. Preventive care for the employee or the employee's family member;
3. For an employee who is a victim of domestic violence, sexual assault, or stalking.
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“Family Member” for purposes of this policy includes parent (including step-parent and parent-in-law), child (including step-child), spouse, registered domestic partner, sibling, grandparent, and grandchildren. Employees requesting time off under this policy shall provide as much advance notice as possible to their immediate supervisor by submitting a “Leave Request” form.
Employees may use accrued Sick Leave only after completing ninety (90) days of employment with the City. Employees who work less than ninety (90) days with the City are not entitled to use any Sick Leave. The days worked for the City, by an employee who separates from the City and is rehired within twelve (12) months from the date of separation, will count toward the ninety (90) day qualification period. Additionally, the paid sick leave law requires that an employee’s unused sick leave be restored to them if they return to the same employer within twelve (12) months from their previous separation.
Unused sick leave shall not be carried over to the following fiscal year.
SECTION 11. BEREAVEMENT LEAVE
On the death of a member of an employee's immediate family; meaning spouse, natural or adopted child, step-child, grandchild, brother, sister, parent, grandparent, parent-in-law, brotherin-law or sister-in-law, step-parent, step-brother, step-sister, or other relative living in the same household, the full-time or part-time employee shall be granted up to five (5) days of bereavement leave for each qualifying occurrence. Only full-time employees are eligible for paid bereavement leave. The five (5) days of bereavement leave do not have to be taken consecutively; leave can be intermittent. The employee must take the bereavement leave within three (3) months of the date of the family member’s death. Employees must provide documentation to support the leave to the Human Resources Department within thirty (30) days of the first day of leave.
Upon request, the City Manager may grant paid bereavement leave in excess of the leave provided herein.
SECTION 12. VACATION LEAVE
All full-time employees shall accrue vacation leave in accordance with the following formula:
(a) 9.5 hours for each month during the first (1st) through fifth (5th) year of employment (114.0 hours annually).
(b) 10.0 hours for each month during the sixth (6th) year of employment (120.0 hours annually).
(c) 11.0 hours for each month during the seventh (7th) year of employment (132.0 hours annually).
(d) 11.5 hours for each month during the eighth (8th) year of employment (138.0 hours annually).
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(e) 12.0 hours for each month during the ninth (9th) through the nineteenth (14th) year of employment (144.0 hours annually).
(f) 13.5 hours for each month during the fifteenth (15th) through the nineteenth (19th) year of employment (162 hours annually).
(g) 15.5 hours for each month during the twentieth (20th) through the twenty-fifth (25th) year of employment (186.0 hours annually).
(h) 17.0 hours for each month beginning with the twenty-sixth (26th) year of employment (204.0 hours annually).
Vacation leave shall be deemed as having been accrued by the employee only at the end of the pay period in which the employee was in the service of the City. If employment begins prior to the fifteenth (15th) of the month, vacation leave shall be accrued for that month. If employment begins after the fifteenth (15th) of the month vacation leave shall be accrued beginning with the first (1st) day of the following month. If termination occurs prior to the sixteenth (16th) day of the month no vacation leave shall be accrued for that month.
Accrual at the next highest incremental rate shall begin at the end of the first pay period ending after the employee's anniversary date of original employment with the City, regardless of any promotions or demotions. If the anniversary date is the first (1st) of the month the higher rate shall be credited for that month. If the anniversary date is the sixteenth (16th) of the month the higher rate shall begin with the first (1st) day of the following month.
Employees shall be eligible to accrue a maximum of two and a quarter (2.25) times the annual vacation leave for which the employee is eligible pursuant to this Section. Vacation leave in excess of the maximum accrual shall be compensated on the regular payroll following the month in which the maximum accrual was attained at the hourly rate pay in effect in the month of accrual.
Accrual in excess of the maximum permitted herein may be granted by the City Manager if special circumstances so warrant.
SECTION 12.1 VACTION LEAVE CREDIT FOR DIRECTORS
At the City Manager’s discretion, Directors shall be eligible to receive service credit for prior paid public service for the purpose of determining their annual vacation leave accrual rate.
At no time shall Directors receive more than ten (10) years’ service credit. To establish prior paid public service credit, the Human Resources Department will verify the years of service with CalPERS or other public agency retirement system.
SECTION 13. ADMINISTRATIVE LEAVE
All full-time employees shall be eligible for administrative leave in recognition of the additional hours required in performance of their duties. Administrative leave shall be taken only upon the approval of the City Manager. Administrative leave shall be accrued at the end of the first pay period beginning after July 1st of each year and shall not be carried beyond the fiscal year in which it is accrued, and remaining administrative leave time shall not be compensated.
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SECTION 13.1 ADMINISTRATIVE LEAVE FOR DIRECTORS
Each July, Directors may be credited up to one hundred (100) hours of Administrative Leave at the discretion of the City Manager. Administrative Leave does not rollover from year to year and the payment at termination only applies to the Administrative Leave that is accrued, and unused, during the fiscal year of the termination.
SECTION 13.2 ADMINISTRATIVE LEAVE FOR FULL-TIME MANAGEMENT
EMPLOYEES
Each July, full-time management employees may be credited up to eighty (80) hours of Administrative Leave annually at the discretion of the City Manager. Administrative Leave does not rollover from year to year and the payment at termination only applies to the Administrative Leave that is accrued, and unused, during the fiscal year of the termination.
SECTION 14. OTHER LEAVES OF ABSENCE
Full-time employees may be eligible for absence without pay for periods of up to thirty (30) days upon approval of the City Manager.
Full-time employees may be eligible for absence with or without pay for a period of not more than one (1) year upon approval of the City Manager and the City Council.
SECTION 15. PROBATION UPON APPOINTMENT
Department Director and part-time employees are designated as “at-will.” All other unrepresented employees who are not at-will and are appointed from outside City employment shall be subject to a twelve (12) month probationary period following their appointment to a management position, unless extended or shortened by the City Manager for no more than six months in either direction. An unrepresented not at-will current City employee who is promoted shall serve a six (6) month probationary period, unless extended or shortened by the City Manager for no more than six months in either direction.
SECTION 16. UNIFORMS
Employees required to regularly wear a uniform as part of their duties for the City shall have the uniforms provided by the City, unless otherwise specified below.
The Fire Chief and Fire Division Chief(s) shall be provided the sum of two hundred dollars ($200.00) each year for maintenance of regular fire uniforms.
The Police Chief and Police Commanders shall be provided the sum of one thousand dollars ($1000.00) each year for maintenance and purchase of police uniforms.
The Public Works Manager, Code Enforcement Manager, and part-time Code Enforcement Officer(s) shall be provided the sum of three hundred dollars ($300.00) each year for replacement of work boots.
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SECTION 17. SEVERANCE PROVISION FOR AT-WILL DEPARTMENT HEADS In recognition of the fact that Department Heads serve at the will and pleasure of the City Manager (with City Council concurrence), the City Manager may offer severance pay to any Department Head who is terminated involuntarily or pursuant to a negotiated separation agreement, in an amount not to exceed four months of base salary.
The amount of such severance shall be subject to the following provisions:
1. An employee must have at least twelve (12) months of service as a Department Head with the City.
2. An employee may be eligible for up to four (4) months of base salary based on years of service as a Department Head, as follows:
• 0-12 months - No Severance
• Completion of 12 months - 1 month of severance pay
• Completion of 24 months - 2 months of severance pay
• Completion of 36 months - 3 months of severance pay
• Completion of 48 months - 4 month of severance pay
3. Any severance pay is conditioned on the execution of a full release and waiver as to all employment-related issues by the Department Head.
4. This provision shall not apply to any retirement (either service or disability), death, and/or any voluntary resignation by a Department Head.
SECTION 18. APPEARANCE GUIDELINES
The City’s 2020 Business Attire and Grooming Policy (Non-Sworn) has been updated to provide for a casual Friday. All non-sworn employees are subject to this policy, which is included here as Exhibit B.
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EXHIBIT “A”
WAGE BENEFIT SCHEDULE
Executive Managers
Monthly Rates Effective: 7/1/2024
Step A Step B Step C Step D Step E
Fire Chief $16,217 $21,684
Chief of Police $16,217 $21,684
Community
Development
Director $14,454 $17,569
Finance Director $14,454 $17,569
Human Resources
Director $14,454 $17,569
Parks & Public
Works Director /City
Engineer. $14,454 $17,569
Community Services
Director $12,667 $15,397
Assistant to the City
Manager $9,928 $12,067
PAGE 1266 of 1856
Executive Managers
Monthly Rates Effective: 7/1/2025
Step A Step B Step C Step D Step E
Fire Chief $16,866 $22,551
Chief of Police $16,866 $22,551
Community
Development
Director $15,032 $18,272
Finance Director $15,032 $18,272
Human Resources
Director $15,032 $18,272
Parks & Public
Works Director/ City
Engineer. $15,032 $18,272
Community Services
Director $13,173 $16,013
Assistant to the City
Manager $10,325 $12,550
PAGE 1267 of 1856
Executive Managers
Monthly Rates Effective: 7/1/2026
Step A Step B Step C Step D Step E
Fire Chief $17,541 $23,453
Chief of Police $17,541 $23,453
Community
Development
Director $15,633 $19,003
Finance Director $15,633 $19,003
Human Resources
Director $15,633 $19,003
Parks & Public
Works Director /City
Engineer. $15,633 $19,003
Community Services
Director $13,700 $16,653
Assistant to the City
Manager $10,738 $13,052
PAGE 1268 of 1856
Managers
Monthly Rates Effective: 7/1/2024
Step A Step B Step C Step D Step E
Police
Commander $13,825 $14,516 $15,242 $16,004 $16,804
Fire Division
Chief $13,825 $14,516 $15,242 $16,004 $16,804
Public Works
Manager $9,928 $10,424 $10,945 $11,493 $12,067
Accounting
Manager/
Controller $9,928 $10,424 $10,945 $11,493 $12,067
Library
Manager $9,928 $10,424 $10,945 $11,493 $12,067
Police
Records
Manager $9,928 $10,424 $10,945 $11,493 $12,067
Recreation
Manager $9,928 $10,424 $10,945 $11,493 $12,067
Code
Enforcement
Manager $9,928 $10,424 $10,945 $11,493 $12,067
City Clerk $9,928 $10,424 $10,945 $11,493 $12,067
PAGE 1269 of 1856
Managers
Monthly Rates Effective: 7/1/2025
Step A Step B Step C Step D Step E
Police
Commander $14,378 $15,097 $15,852 $16,644 $17,476
Fire Division
Chief $14,378 $15,097 $15,852 $16,644 $17,476
Public Works
Manager $10,325 $10,841 $11,383 $11,952 $12,550
Accounting
Manager/
Controller $10,325 $10,841 $11,383 $11,952 $12,550
Library
Manager $10,325 $10,841 $11,383 $11,952 $12,550
Police
Records
Manager $10,325 $10,841 $11,383 $11,952 $12,550
Recreation
Manager $10,325 $10,841 $11,383 $11,952 $12,550
Code
Enforcement
Manager $10,325 $10,841 $11,383 $11,952 $12,550
City Clerk $10,325 $10,841 $11,383 $11,952 $12,550
PAGE 1270 of 1856
Managers
Monthly Rates Effective: 7/1/2026
Step A Step B Step C Step D Step E
Police
Commander $14,953 $15,701 $16,486 $17,310 $18,175
Fire Division
Chief $14,953 $15,701 $16,486 $17,310 $18,175
Public Works
Manager $10,738 $11,275 $11,839 $12,430 $13,052
Accounting
Manager/
Controller $10,738 $11,275 $11,839 $12,430 $13,052
Library
Manager $10,738 $11,275 $11,839 $12,430 $13,052
Police
Records
Manager $10,738 $11,275 $11,839 $12,430 $13,052
Recreation
Manager $10,738 $11,275 $11,839 $12,430 $13,052
Code
Enforcement
Manager $10,738 $11,275 $11,839 $12,430 $13,052
City Clerk $10,738 $11,275 $11,839 $12,430 $13,052
PAGE 1271 of 1856
Part-Time Employees
Hourly Rates Effective: 7/1/2024
Step A Step B Step C
Recreation Supervisor $43.50 $45.67 $47.96
Special Projects Coordinator $31.91 $33.51 $35.18
Code Enforcement Officer $36.88 $38.72 $40.66
Police Records Clerk $29.51 $30.99 $32.54
Librarian I $28.62 $30.05 $31.55
Child Development Specialist $25.51 $26.78 $28.12
Professional Intern $23.00 $24.15 $25.35
Assistant Pool Manager $22.32 $23.44 $24.61
Building Attendant $21.51 $22.59 $23.72
Maintenance Assistant $21.51 $22.59 $23.72
Recreation Specialist $20.31 $21.33 $22.39
Water Safety Instructor $20.31 $21.33 $22.39
Library Assistant $20.10 $21.11 $22.16
Library Monitor $19.16 $20.12 $21.13
Police Cadet $18.91 $19.86 $20.85
Library Clerk $17.57 $18.45 $19.37
Library Page $17.36 $18.23 $19.14
Park Attendant $17.36 $18.23 $19.14
Recreation Program Leader $17.36 $18.23 $19.14
Lifeguard $17.36 $18.23 $19.14
PAGE 1272 of 1856
Part-Time Employees
Hourly Rates Effective: 7/1/2025
Step A Step B Step C
Recreation Supervisor $45.24 $47.50 $49.88
Special Projects Coordinator $33.19 $34.85 $36.59
Code Enforcement Officer $38.36 $40.27 $42.29
Police Records Clerk $30.69 $32.23 $33.84
Librarian I $29.76 $31.25 $32.81
Child Development Specialist $26.53 $27.85 $29.25
Professional Intern $23.92 $25.11 $26.37
Assistant Pool Manager $23.22 $24.38 $25.60
Building Attendant $22.38 $23.49 $24.67
Maintenance Assistant $22.38 $23.49 $24.67
Recreation Specialist $21.12 $22.18 $23.29
Water Safety Instructor $21.12 $22.18 $23.29
Library Assistant $20.91 $21.95 $23.05
Library Monitor $19.93 $20.93 $21.97
Police Cadet $19.67 $20.65 $21.68
Library Clerk $18.27 $19.18 $20.14
Library Page $18.05 $18.96 $19.90
Park Attendant $18.05 $18.96 $19.90
Recreation Program Leader $18.05 $18.96 $19.90
Lifeguard $18.05 $18.96 $19.90
PAGE 1273 of 1856
Part-Time Employees
Hourly Rates Effective: 7/1/2026
Step A Step B Step C
Recreation Supervisor $47.05 $49.40 $51.87
Special Projects Coordinator $34.51 $36.24 $38.05
Code Enforcement Officer $39.89 $41.88 $43.98
Police Records Clerk $31.92 $33.52 $35.19
Librarian I $30.95 $32.50 $34.13
Child Development Specialist $27.59 $28.97 $30.42
Professional Intern $24.87 $26.12 $27.42
Assistant Pool Manager $24.15 $25.35 $26.62
Building Attendant $23.27 $24.43 $25.66
Maintenance Assistant $23.27 $24.43 $25.66
Recreation Specialist $21.97 $23.07 $24.22
Water Safety Instructor $21.97 $23.07 $24.22
Library Assistant $21.74 $22.83 $23.97
Library Monitor $20.73 $21.76 $22.85
Police Cadet $20.45 $21.48 $22.55
Library Clerk $19.00 $19.95 $20.95
Library Page $18.78 $19.72 $20.70
Park Attendant $18.78 $19.72 $20.70
Recreation Program Leader $18.78 $19.72 $20.70
Lifeguard $18.78 $19.72 $20.70
PAGE 1274 of 1856
TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Amber Shah, Parks & Public Works Director/City Engineer DATE: November 13, 2024
SUBJECT: AWARD OF 3-YEAR PROFESSIONAL SERVICES
AGREEMENTS TO JOHN L HUNTER AND ASSOCIATES, AND
DUDEK IN A TOTAL AMOUNT NOT TO EXCEED $150,000
EACH FOR ON-CALL STORMWATER ENGINEERING
SERVICES THROUGH JUNE 30, 2027
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive, and Effective City Services
Safe Community
Well-Maintained Infrastructure
BACKGROUND
Historically, the City has relied upon professional on-call consultant services for technical support, including in the areas of stormwater engineering and compliance with various state and federal stormwater quality regulations, including the National Pollutant Discharge Elimination System (NPDES) and the Municipal Separate Storm Sewer System (MS4) permit. This model allows the City to maintain a small staff presence and to expand their capabilities as needed for specific initiatives or projects by utilizing these contracted professional services.
Due to the expiration of an existing agreement with a professional stormwater engineering consulting firm, staff issued a Request for Proposals (RFP) on September 6, 2024, for multi-year on-call stormwater engineering services.
On September 27, 2024, four (4) firms submitted Proposals to provide on-call stormwater engineering services for the City’s review and evaluation. Based on staff evaluation of the proposals and the subsequent interviews, staff Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
PAGE 1275 of 1856
recommends that the City enter into Professional Services Agreements (PSAs) with two qualified firms, John L. Hunter and Associates, Inc. (JLHA) and Dudek.
DISCUSSION
The City’s staffing model requires reliance upon professional on-call consultant services for a variety of operational work and for capital improvement project implementation in the areas of stormwater engineering and regulatory reporting/compliance with various County, State, and Federal stormwater requirements. The professional consultant services are provided on an on-call as needed basis to fill short-term consulting needs and to meet budget goals.
The Scope of Services for On-Call Stormwater Engineering Services requested of the professional consultants in this RFP included, but is not limited to, the following:
a) Assist with the preparation, review, and submission of Safe, Clean Water (SCW) Municipal Program Annual Plans and Annual Reports. Work with City staff to identify potential projects/programs that can utilize SCW funds. b) Assist with the preparation, review, and submission of annual reports to regulatory agencies as required by the Ms4 permit. This may include, but is not limited to, the NPDES Annual Report and Upper Los Angeles River (ULAR) WMP/CIMP Progress and Monitoring Reports, or other reports identified by the City.
c) Represent City at stakeholder meetings relevant to NPDES/stormwater programs, including the Upper Los Angeles River (ULAR) WMP/CIMP Progress and Monitoring Report, or other reports identified by the City. d) Develop and provide NPDES training for applicable City staff. Topics may include Land Development and Construction, Public Works O&M, Illicit Discharge/Spill Response, and other appropriate or required trainings related to stormwater/NPDES.
e) Complete inspections of commercial facilities (approximately 25) to ensure compliance with MS4 Industrial/Commercial Facility Program. Tasks will include inspections, tracking, education of business owners, preparation of necessary reports, and follow-up activities.
f) Conduct the 5-year Daily Generation Rate (DGR) compliance field study, as specified in the Los Angeles Trash TMDL.
g) Assess program compliance and recommend actions
h) Assist with the identification of potential stormwater quality improvement projects and grant funding opportunities. This may include, but is not limited to, preparation of conceptual design plans, cost estimates, and grant application packages.
i) Assist with as-needed NPDES or stormwater-related tasks not specifically identified in the scope of services.
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On September 27, 2024, four (4) firms submitted proposals to provide on-call stormwater engineering services for the City’s review and evaluation. Staff evaluated these proposals and subsequently invited all four firms for interviews in the following weeks. The City utilized a qualifications-based selection process to identify professional firms that are best suited and most qualified to serve the City’s needs. The RFP identified the following criteria for the selection of the professional consultants' proposals:
1. Ability of Respondent to perform contract
2. Relevant experience Respondent has working with public agencies
3. Successful delivery of similar services
4. Quality of references
6. Content, quality, completeness and form of submitted proposal
7. Results of the Interview.
Based on staff evaluation of the proposals and the subsequent interviews, staff recommends that the City enter into PSA’s with two qualified firms, John L.
Hunter and Associates, Inc. (JLHA) and Dudek. Having two firms on-call to provide as-needed on-call consulting services allows the City more options for short-term assignments by professional consultants. If a particular professional consultant team is not available at a desired time, another professional consultant can fulfill that need. Additionally, some firms have greater strengths in a particular technical area than others have, which provides the City the flexibility to use the best qualified firm for a particular assignment. The proposed PSA’s for both firms have an initial three-year term, are task-order based, and are non-exclusive which allows the City maximum flexibility for requesting services and, as desired, to seek additional proposals from other firms for any particular initiative.
As a result of the qualifications-based selection process described above, staff recommends that the City enter into the attached PSA with John L Hunter and Associates (JLHA) to provide on-call stormwater engineering services with an annual maximum compensation value of $50,000 ($150,000 total value over the three-year contract duration). JLHA specializes in working with municipalities, as they have 49 cities throughout the southern California region as clients, 41 of which are located in LA County representing nearly half of all cities in LA County. JLHA also has extensive experience with stormwater program administration and funding, compliance planning, and monitoring and reporting. The firm has also worked with the City in a similar capacity over the past several years, and has been professional and thorough in all their duties. Overall, JLHA’s familiarity with San Marino, its residents, and its unique stormwater challenges and needs make them well-suited to continue providing stormwater engineering services for the City.
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Staff recommends that the City enter into a second PSA with Dudek, with an annual maximum compensation value of $50,000 ($150,000 total value over the three-year contract duration). Dudek is a full services engineering and environmental practice with over 30 years experience working with various agencies in Los Angeles County. The firm also has familiarity with San Marino having completed a stormwater condition assessment in the past, and is currently working on the design for the Lacy Park Culvert Replacement project.
Dudek has a wide range of experience with both stormwater/NPDES compliance as well as working on stormwater-related capital improvement projects, both of which can be assets to the City as it seeks to leverage Measure W Safe Clean Water funds.
FISCAL IMPACT & PROCUREMENT REVIEW
The use of professional consultant services for on-call traffic engineering support is included in the Parks and Public Works Department Operating Budget with $23,000 total budgeted annually in the Sewer Division for Stormwater Engineering as well as Compliance Review/Reporting (Accounts # 101-44-4104-0000 and 101-40-4150-5170 respectively). $25,000 of funds are also available for Specialized Engineering Services (Account # 101-40- 4104-0000), some of which may be used for Stormwater Engineering Services.
Finally, the Department also budgets for on-call stormwater engineering support within the Capital Improvement Program (CIP) Budget for CIP projects that require stormwater engineering services as part of the project, including but not limited to; the Culvert Replacement Program, the Rio Hondo Load Reduction Strategy, and the Trash Capture Filters Project. By entering into multiple on-call PSAs for as-needed on-call services, the City is neither obligating itself nor guaranteeing any compensation to the selected professional consultants.
Staff will ensure that task orders are not issued without appropriate funding available in the operating and/or capital improvement budgets. The proposed PSA’s will establish an annual maximum compensation value of $50,000 with a three-year term maximum compensation value of $150,000 for each firm.
As such, the total maximum compensation value for the three-year term of both contracts combined is $300,000.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
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Staff recommends the City Council award professional services agreements for on-call stormwater engineering services to John L Hunter and Associates and Dudek. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to award a three-year professional services agreement for on-call stormwater engineering services to John L Hunter and Associates and Dudek through June 30, 2027, with total contract values not to exceed $150,000 each.”
ATTACHMENTS
1. Stormwater Engineering Services Proposal from JLHA
2. Draft Professional Services Agreement with JLHA
3. Stormwater Engineering Services Proposal from Dudek
4. Draft Professional Services Agreement with Dudek
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PROJECT AND SERVICES:
On-Call NPDES/Stormwater Engineering (2024-RFP-003)
STATEMENT OF QUALIFICATIONS
DATE OF PROPOSAL SUBMITTAL: 2024.10.02
Prepared for: The City of San Marino
Attn: Amber Shah, Public Works Director
Prepared by: John L. Hunter & Associates
6131 Orangethorpe Ave #300
Buena Park, CA 90620
562.726.4259 Work
562.802.2297 Fax
Cameron McCullough Hugo Garcia
Director Assistant Project Manager
[email protected] [email protected]
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On-Call NPDES/Stormwater Engineering (2024-RFP-003) October 2, 2024 P a g e i
Table of Contents
1. Proposal Summary ............................................................................................................................ 1
1.1. Transmittal Letter .............................................................................................................................. 1
1.2. Executive Summary ........................................................................................................................... 4
1.3. Qualifications and Experience ........................................................................................................... 5
1.3.1. Firm Profile .............................................................................................................................. 5
1.3.2. Relevant Firm Experience ........................................................................................................ 5
1.3.3. Summary of Municipal NPDES Services Currently or Recently Provided by JLHA .................. 6
1.3.4. Key Personnel .......................................................................................................................... 9
1.4. Resumes .......................................................................................................................................... 10
1.5. Client References ............................................................................................................................. 19
1.6. Sub-Consultants ............................................................................................................................... 19
1.7. Proposed Approach ......................................................................................................................... 20
1.8. Performance Criteria ....................................................................................................................... 23
2. Pricing Proposal............................................................................................................................... 25
2.1. Standard Rate Schedule .................................................................................................................. 25
2.2. Not-to-Exceed Annual Cost ............................................................................................................. 25
3. Financial Information ...................................................................................................................... 27
3.1. Prior Litigation/Claims ..................................................................................................................... 27
3.2. Financial and Related Information .................................................................................................. 27
3.2.1. Prior Litigation/Claims ........................................................................................................... 27
3.2.2. Insurance Broker ................................................................................................................... 27
4. Response Forms .............................................................................................................................. 46
4.1. Acceptance of Form of Professional Services Agreement ............................................................... 46
4.1.1. Modifications to Professional Services Agreement .............................................................. 46
4.2. Proposal Authorization .................................................................................................................... 46
5. Discretionary Supplemental Materials ........................................................................................... 47
5.1. Discretionary Supplemental Materials ............................................................................................ 47
5.2. Miscellaneous Procedures ............................................................................................................... 47
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1. Proposal Summary
We at John L. Hunter and Associates (JLHA) welcome the opportunity to continue providing our professional consulting services to the City of San Marino. This SOQ is prepared in response to the Request for Qualifications for On-Call NPDES/Stormwater Engineering Services (2024-RFP-003).
The timeframe of this proposal is for a period of three (3) years. The services may be extended for two (2) one-year periods. This proposal is considered valid for a period of one hundred twenty (120) days from the date of submittal.
1.1. Transmittal Letter
The following section includes a transmittal letter signed and submitted by Cameron McCullough, the person authorized to contractually obligate the firm.
PAGE 1282 of 1856
October 2, 2024
Amber Shah
Public Works Director
2200 Huntington Drive
San Marino, CA 91108
Subject: Proposal for On-Call NPDES/Stormwater Engineering (2024-RFP-003) Dear Amber Shah:
We at John L. Hunter and Associates (JLHA) welcome the opportunity to continue providing our professional consulting services to the City of San Marino. This SOQ is prepared in response to the Request for Qualifications for On-Call NPDES/Stormwater Engineering Services (2024-RFP-003).
JLHA is an environmental consulting corporation that specializes in serving municipalities. We believe we are the best qualified to provide such services to the City as we currently implement Municipal NPDES water quality programs to over 40 cities in the Southland. Services provided include administration, program funding (e.g., fees, grants, and other water quality funding programs), compliance planning (e.g., WMPs, TMDLs, and statewide pollutant provisions), control measure implementation (e.g., LID review and inspections, and industrial/commercial facility inspections), and monitoring and reporting. Specific qualifications and experience are detailed in the enclosed package.
The following table lists the items included in Section 5.1.3 of the RFQ with our responses.
Identify the date of the Proposal. October 2, 2024
Identify the Respondent and the proposed
organizational team members and/or individuals,
and the legal structure of and the principals of the
firm/organization.
Table 1 below lists the key personnel for this project
and their typical project roles. See the Resumes
Section for the experience, credentials, and
education of the project team.
The Respondent is John L. Hunter and Associates,
Inc. which is a California corporation. John Hunter is
the President, Cameron McCullough is the VicePresident, and Jillian Brickey is the Secretary.
Identify the name, title, telephone and facsimile
numbers and e-mail address of the person authorized
to negotiate for and contractually obligate the
Respondent pursuant to all terms and conditions
stated in the Proposal.
Cameron McCullough, Director
562.726.4259 Work
562.802.2297 Fax
[email protected]
PAGE 1283 of 1856
Identify the name, title, telephone and facsimile
numbers and e-mail address of the person to be
contacted for clarification, if different from above.
Cameron McCullough, Director
562.726.4259 Work
562.802.2297 Fax
[email protected]
Indicate that it is being submitted by the person(s)
authorized to obligate the Respondent contractually.
This transmittal letter is signed and submitted by me,
Cameron McCullough, the person authorized to
contractually obligate the firm. My signature is
included below.
Table 1. Project Team Key Personnel and Roles
Program Title Team Member Information
Project Manager
Name Cameron McCullough, MS, CPSWQ, QSD/P, IGP ToR
Roles Point of contact, manages services implementation and budget, technical focus on overall MS4 Permit compliance, reporting, and staff training Project Lead
Name Hugo Garcia, CPSWQ, CESSWI, QSD/P
Roles Point-of-contact, technical focus on field services and statewide trash requirements
Project Lead
Name Jillian Brickey, MS, CPSWQ, QSD/P, CGP ToR
Roles Technical lead on land development and public outreach Project Lead
Name Michelle Kim, MSE, CPSWQ, QSD
Roles Technical focus on WMP and TMDL compliance planning, and monitoring Principal in
Charge
Name John Hunter, PE
Roles As-needed support, with a focus on communication and negotiation with key stakeholders
Staff Engineer
Name Chris Chew, PE
Roles Plan review and engineering oversight
Senior Inspector
Name Glenn Cajar, CPESC, CESSWI, QSP, QISP
Roles Field compliance support, including investigations and inspections at construction, industrial/commercial, and municipal sites.
Senior Inspector
Name Wilson Duong, CPSWQ, CESSWI, QSD/P
Roles Field compliance support, including investigations and inspections at construction, industrial/commercial, and municipal sites.
We acknowledge receipt of any and all addenda (e.g., ADDENDUM NUMBER 1 TO REQUEST FOR QUALIFICATIONS, Date: September 19, 2024) issued in association with this RFP. Please do not hesitate to contact us if you have any questions or would like further information.
Sincerely,
Cameron McCullough
Director
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1.2. Executive Summary
Our experience, expertise, and understanding of the City's unique needs make us the ideal partner for this project. John L. Hunter and Associates, Inc. (JLHA) is an environmental consulting corporation founded in 1985. We specialize in assisting cities implement water quality and conservation programs, including NPDES/pollution prevention, watershed management, sewer spill prevention, water conservation, and recycling. We are uniquely qualified to provide the requested services due to our extensive experience and expertise in MS4 NPDES Permit compliance within the Greater Los Angeles area. For 25 years, we have specialized in these services, which include program administration, monitoring and reporting, program funding, compliance planning, studies, and minimum control measure implementation. In addition, our Project Team includes multiple staff members with 10 to 20+ years of experience implementing and managing local MS4 Permit Programs in LA County.
Our ability to repeatedly resolve the complex regulatory issues associated with these MS4 Permit services has resulted in a significant local client base: We currently provide MS4 NPDES services to 49 cities in LA and Orange County, 41 of which are in LA County. Working with nearly half of LA County's cities has given us the opportunity to experience and address the regulatory challenges for municipalities of all sizes and in all watershed regions.
We also understand that some MS4 Permit requirements are specific to a City’s hydrologic location. Our recent service assistance to the City gives us an unparalleled understanding of these City-specific requirements, such as those related to TMDLs for trash and dry weather bacteria. Due to our work with San Marino’s neighbors, we also participate in the same Watershed Management Groups, Watershed Management Programs, and Watershed Area Steering Committees as the City. This allows us to stay ahead of local program concerns while minimizing costs for the City.
The timeframe of these services is for a period of three (3) years. Note the proposed cost estimate for the services depends on whether Task 6, the 5-year Trash TMDL Compliance Study, will be required. If the 2024-25 Trash TMDL Compliance Report indicates a 99% or more load reduction, Task 6 will not be required, and if the Report indicates a load reduction less than 99%, then another study is required. If subsequent Reports indicate a less than 99% load reduction, then all three years of the Agreement will require Task 6. Our estimated costs for Task 6 are $22,500 per study, while the remaining tasks sum to $29,500 per year. This means that our estimated total cost over three years could range from $88,500 to $156,000, depending on the status of Task 6. Regardless, work will be on a time and materials basis.
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1.3. Qualifications and Experience
1.3.1. Firm Profile
John L. Hunter and Associates, Inc. (JLHA) is an environmental consulting corporation founded in 1985.
We specialize in assisting cities implement water quality and conservation programs. This includes NPDES/pollution prevention, watershed management, sewer spill prevention, water conservation, and recycling. Services include administration, planning, reporting, and funding, as well as inspections, engineering, monitoring, and public education.
JLHA consists of 20 full-time staff and 4 part-time staff. This includes one principal, two directors, three managers, four senior technical specialists, thirteen technical specialists, and two business administrators.
Six of our staff provide project management services, four provide engineering services, and eleven provide field inspection services.
1.3.2. Relevant Firm Experience
Our firm’s experience in Municipal NPDES begins with the inception of MS4 Permits in the 1990s. Section
1.3.3 of this SOQ includes a complete list of the MS4 NPDES services we provide to current municipal clients, as well as our years of service. These services are similar to those listed in the RFQ, and include the following:
44 cities, 4 Watershed Management Groups (WMGs): Program management or technical support, 46 cities: Field inspections, including evaluation of LID, construction, and industrial/commercial BMPs,
42 cities, 3 WMGs: Compliance reporting (e.g., MS4 NPDES Permits, TMDLs, and WMPs), 38 cities, 4 WMGs: Staff training,
35 cities, 4 WMGs: WMP/TMDL Program assistance,
38 cities: Funding assistance, including the SCW Program and grants, 31 cities: Public education,
24 cities: Plan review of LID Plans, WQMPs, and SWPPPs, 4 WMGs, 2 cities: Water quality monitoring.
The following are several similar projects in the last few years, including the relevant team member managing them:
Updating WMPs and (C)IMPs for the Lower Los Angeles River (LLAR), Lower San Gabriel River (LSGR), Nearshore (Long Beach), and Peninsula Cities WMGs. (Jillian Brickey, Michelle Kim, Cameron McCullough, John Hunter. 2021-2024.)
Representing the Cities of Glendale, Diamond Bar, and Villa Park and assisting the City of LA in MS4 NPDES compliance audits conducted by state and federal regulators. (Cameron McCullough. 2019-2024.)
Assisting three cities in the South Bay with MS4 NOVs and penalties issued by the LA Water Board. (Cameron McCullough, John Hunter. 2024.)
Preparing over 20 applications for SCWP infrastructure project funding. (Jillian Brickey, Michelle Kim, Cameron McCullough, Hugo Garcia. 2019-2024.)
Administering a grant for the Ford Park Stormwater Capture Project in Bell Gardens. (Jillian Brickey. 2023.)
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Conducting 6,000 industrial/commercial facility inspections in 20 months for the City of LA. (Cameron McCullough. 2022-2024.)
Preparing MS4 Permit guidance documents and holding training for City of LA WPD staff. (Cameron McCullough. 2023-2024.)
Training the Dominguez Channel WMG members in the CII Permit. (Cameron McCullough. 2023) Conducting trash generation studies for 24 local municipalities. (Hugo Garcia. 2019-2024) Our interagency compliance planning experience includes serving as the lead consultant for the development of the WMPs for the LLAR, LSGR, Nearshore, and Peninsula Cities WMGs. This included oversight of the development of Coordinated Integrated Monitoring Programs (CIMPs). Together the member agencies of these Watershed Groups represent 20 MS4 NPDES Permittees. We also serve as the consultant team lead for the Nearshore, LLAR, LSGR, and Peninsula Cities WMGs. Services include administering monitoring activities, overseeing the development of and submitting funding applications for SCW Program projects, preparing watershed annual reports, holding technical committee meetings, and implementing other relevant tasks such as feasibility studies.
We also represent municipal clients in WMGs for the Upper Los Angeles River, Upper San Gabriel River, Dominguez Channel, Ballona Creek, Beach Cities, and Los Cerritos Channel. Through our work in the Dominguez Channel and Los Cerritos Channel WMGs, we are versed in the requirements of the upcoming CII NPDES Permit. In Orange County we represent six municipal clients in WMG planning activities led by the Orange County Public Works.
1.3.3. Summary of Municipal NPDES Services Currently or Recently Provided by JLHA The following section includes MS4 NPDES services currently provided by JLHA to local municipalities and Watershed Management Groups.
Administrative or technical support: 48 clients. List of clients and years of experience:
Arcadia (29), Artesia (10), Baldwin Park (4), Burbank (7), Cerritos (9), Compton (4), Covina (16), Culver City (1), Diamond Bar (17), Downey (13), Fullerton (7), Glendale (11), Hawaiian Gardens (12), Hawthorne (24), Hermosa Beach (4), Inglewood (9), La Habra (13), La Mirada (7), Laguna Woods (4), Lakewood (9), Lomita (9), Long Beach (10), Los Angeles (2), Los Cerritos Channel WMG (11), Lower LA River WMG (11), Lower SG River WMG (11), Lynwood (10), Monterey Park (19), Norwalk (14), Paramount (10), Pasadena (9), Peninsula Cities WMG (11), Placentia (11), Rancho Palos Verdes (30), San Gabriel (4), San Marino (4), Seal Beach (19), Signal Hill (39), South El Monte (7), South Gate (33), South Pasadena (19), Stanton (17), Temple City (21), Torrance (0), Villa Park (11), West Covina (9), West Hollywood (29), Whittier (10).
Field inspections: 46 clients. List of clients and years of experience:
Arcadia (29), Artesia (10), Baldwin Park (4), Buena Park (3), Cerritos (9), Compton (4), Covina (16), Culver City (1), Diamond Bar (17), Downey (13), Fullerton (7), Glendale (11), Hawaiian Gardens (12), Hawthorne (24), Hermosa Beach (4), Inglewood (9), La Habra (13), La Mirada (7), Laguna Woods (4), Lakewood (9), Lomita (9), Long Beach (10), Los Angeles (2), Lynwood (10), Manhattan Beach (14), Monterey Park (19), Norwalk (14), Paramount (10), Pasadena (9), Pico Rivera (8), Placentia (11), Rancho Palos Verdes (30), San Gabriel (4), San Marino (4), Santa Fe Springs (8), Seal Beach (19), Signal Hill (39), South El Monte (7), South Gate (33), South Pasadena (19), Stanton (17), Temple City (21), Villa Park (11), West Covina (9), West Hollywood (29), Whittier (10).
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Compliance reporting: 45 clients. List of clients and years of experience:
Arcadia (29), Artesia (10), Baldwin Park (4), Burbank (7), Cerritos (9), Compton (4), Covina (16), Culver City (1), Diamond Bar (17), Downey (13), Fullerton (7), Glendale (11), Hawaiian Gardens (12), Hawthorne (24), Hermosa Beach (4), Inglewood (9), La Habra (13), La Mirada (7), Lakewood (9), Lomita (9), Long Beach (10), Lower LA River WMG (11), Lower SG River WMG (11), Lynwood (10), Monterey Park (19), Norwalk (14), Paramount (10), Pasadena (9), Peninsula Cities WMG (11), Pico Rivera (8), Placentia (11), Rancho Palos Verdes (30), San Gabriel (4), San Marino (4), Seal Beach (19), Signal Hill (39), South El Monte (7), South Gate (33), South Pasadena (19), Stanton (17), Temple City (21), Villa Park (11), West Covina (9), West Hollywood (29), Whittier (10).
Staff training: 42 clients. List of clients and years of experience:
Arcadia (29), Artesia (10), Compton (4), Covina (16), Culver City (1), Diamond Bar (17), Downey (13), Fullerton (7), Glendale (11), Hawaiian Gardens (12), Hawthorne (24), Hermosa Beach (4), Inglewood (9), La Habra (13), Lomita (9), Long Beach (10), Los Angeles (2), Los Cerritos Channel WMG (11), Lower LA River WMG (11), Lower SG River WMG (11), Lynwood (10), Monterey Park (19), Norwalk (14), Paramount (10), Pasadena (9), Peninsula Cities WMG (11), Pico Rivera (8), Placentia (11), Rancho Palos Verdes (30), San Gabriel (4), San Marino (4), Seal Beach (19), Signal Hill (39), South El Monte (7), South Gate (33), South Pasadena (19), Stanton (17), Temple City (21), Villa Park (11), West Covina (9), West Hollywood (29), Whittier (10).
Trash TMDL or Trash Provisions compliance: 41 clients. List of clients and years of experience:
Arcadia (29), Artesia (10), Burbank (7), Cerritos (9), Compton (4), Culver City (1), Diamond Bar (17), Downey (13), Fullerton (7), Glendale (11), Hawaiian Gardens (12), Hawthorne (24), Hermosa Beach (4), Inglewood (9), La Habra (13), La Mirada (7), Lakewood (9), Lomita (9), Long Beach (10), Lynwood (10), Monterey Park (19), Norwalk (14), Paramount (10), Pasadena (9), Pico Rivera (8), Placentia (11), Rancho Palos Verdes (30), Rolling Hills (15), San Gabriel (4), San Marino (4), Seal Beach (19), Signal Hill (39), South El Monte (7), South Gate (33), South Pasadena (19), Stanton (17), Temple City (21), Villa Park (11), West Covina (9), West Hollywood (29), Whittier (10).
WMP or project planning: 39 clients. List of clients and years of experience:
Arcadia (29), Artesia (10), Baldwin Park (4), Burbank (7), Cerritos (9), Covina (16), Culver City (1), Diamond Bar (17), Downey (13), Glendale (11), Hawaiian Gardens (12), Hawthorne (24), Hermosa Beach (4), Inglewood (9), La Mirada (7), Lakewood (9), Lomita (9), Long Beach (10), Los Cerritos Channel WMG (11), Lower LA River WMG (11), Lower SG River WMG (11), Lynwood (10), Monterey Park (19), Norwalk (14), Paramount (10), Pasadena (9), Peninsula Cities WMG (11), Pico Rivera (8), Rancho Palos Verdes (30), San Gabriel (4), San Marino (4), Signal Hill (39), South El Monte (7), South Gate (33), South Pasadena (19), Temple City (21), West Covina (9), West Hollywood (29), Whittier (10).
Funding assistance: 38 clients. List of clients and years of experience:
Arcadia (29), Artesia (10), Baldwin Park (4), Cerritos (9), Compton (4), Culver City (1), Diamond Bar (17), Downey (13), Fullerton (7), Glendale (11), Hawaiian Gardens (12), Hawthorne (24), Hermosa Beach (4), Inglewood (9), La Habra (13), La Mirada (7), Lakewood (9), Lomita (9), Long Beach (10), Lynwood (10), PAGE 1288 of 1856
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Monterey Park (19), Norwalk (14), Paramount (10), Pasadena (9), Pico Rivera (8), Placentia (11), Rancho Palos Verdes (30), San Gabriel (4), San Marino (4), Signal Hill (39), South El Monte (7), South Gate (33), South Pasadena (19), Stanton (17), Temple City (21), West Covina (9), West Hollywood (29), Whittier (10).
Public Outreach: 31 clients. List of clients and years of experience:
Arcadia (29), Artesia (10), Baldwin Park (4), Culver City (1), Diamond Bar (17), Downey (13), Glendale (11), Hawaiian Gardens (12), Hawthorne (24), Hermosa Beach (4), Inglewood (9), Lomita (9), Long Beach (10), Lynwood (10), Monterey Park (19), Norwalk (14), Paramount (10), Pico Rivera (8), Placentia (11), Rancho Palos Verdes (30), San Gabriel (4), Seal Beach (19), Signal Hill (39), South El Monte (7), South Gate (33), South Pasadena (19), Stanton (17), Temple City (21), Villa Park (11), West Covina (9), Whittier (10).
Plan review: 24 clients. List of clients and years of experience:
Arcadia (29), Covina (16), Culver City (1), Diamond Bar (17), Downey (13), Laguna Woods (4), Lakewood (9), Lynwood (10), Monterey Park (19), Norwalk (14), Pasadena (9), Pico Rivera (8), Placentia (11), Rancho Palos Verdes (30), Santa Fe Springs (8), Seal Beach (19), Signal Hill (39), South El Monte (7), South Gate (33), Stanton (17), Villa Park (11), West Covina (9), West Hollywood (29), Whittier (10).
Monitoring oversight: 6 clients. List of clients and years of experience:
Compton (4), Long Beach (10), Los Cerritos Channel WMG (11), Lower LA River WMG (11), Lower SG River WMG (11), Peninsula Cities WMG (11).
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1.3.4. Key Personnel
Table 2 lists the day-to-day key personnel for this project and their typical project roles. See the Resumes Section for the experience, credentials, and education of the project team. Note, all staff operate out of JLHA’s office at 6131 Orangethorpe Ave, Suite 300, in Buena Park, California.
We do not anticipate the need to enlist the assistance of sub-consultants to fulfill the scope of services. If it is determined that a subconsultant is needed to provide a specialized task, the City will be notified prior to approval.
Table 2. Project Team Key Personnel and Roles
Program Title Team Member Information
Project
Manager
Name Cameron McCullough, MS, CPSWQ, QSD/P, IGP ToR
Address 6131 Orangethorpe Ave, Suite 300, Buena Park, CA 90620 Telephone 562.726.4259
State of Residence California
Roles
Point-of-contact, manages services implementation and budget, technical focus on overall MS4 Permit compliance, reporting and staff training
Project Lead
Name Hugo Garcia, CPSWQ, CESSWI, QSD/P
Address 6131 Orangethorpe Ave, Suite 300, Buena Park, CA 90620 Telephone 562.567.8676
State of Residence California
Roles Point-of-contact, technical focus on field services and statewide trash requirements
Project Lead
Name Jillian Brickey, MS, CPSWQ, QSD/P, CGP ToR
Address 6131 Orangethorpe Ave, Suite 300, Buena Park, CA 90620 Telephone 562.623.5081
State of Residence California
Roles Technical lead on land development and public outreach Project Lead
Name Michelle Kim, MSE, CPSWQ, QSD
Address 6131 Orangethorpe Ave, Suite 300, Buena Park, CA 90620 Telephone 562.623.5101
State of Residence California
Roles Technical focus on WMP and TMDL compliance planning, and monitoring
Principal in
Charge
Name John Hunter, PE
Address 6131 Orangethorpe Ave, Suite 300, Buena Park, CA 90620 Telephone 310.344.8650
State of Residence California
California licensed
Architect/Engineer License Number: 4724, License Type: Chemical Engineer Roles As-needed support, with a focus on communication and negotiation with key stakeholders
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Staff Engineer
Name Chris Chew, PE
Address 6131 Orangethorpe Ave, Suite 300, Buena Park, CA 90620 Telephone 909.938.2429
State of Residence California
California licensed
Architect/Engineer License Number: 47147, License Type: Civil Engineer Roles Plan review and engineering oversight
Senior
Inspector
Name Glenn Cajar, CPESC, CESSWI, QSP, QISP
Address 6131 Orangethorpe Ave, Suite 300, Buena Park, CA 90620 Telephone 562.645.3114
State of Residence California
Roles Field compliance support, including investigations and inspections at construction, industrial/commercial, and municipal sites.
Senior
Inspector
Name Wilson Duong, CPSWQ, CESSWI, QSD/P
Address 6131 Orangethorpe Ave, Suite 300, Buena Park, CA 90620 Telephone 562.265.9650
State of Residence California
Roles Field compliance support, including investigations and inspections at construction, industrial/commercial, and municipal sites.
In addition to the examples of the Project Team’s recent experience listed in Section 1.3.2, the Team Members have many years of experience managing and implementing the day-to-day requirements of the MS4 Permit Program. Some highlights of the Team’s programmatic experience includes the following:
Jillian Brickey, Michelle Kim, Cameron McCullough, Hugo Garcia, and John Hunter provide program management, WMP/TMDL assistance, and SCWP/funding assistance services for all of our municipal clients, each serving as the lead for separate clients. Jillian, Michelle, Cameron, and Hugo have prepared hundreds of MS4 and TMDL compliance reports and SCW financial reports.
Jillian, Michelle, Cameron, Hugo, Glenn Cajar, and Wilson Duong have provided hundreds of staff training sessions.
Jillian, Michelle, and Chris Chew have reviewed hundreds of LID Plans and SWPPPs. Glenn Cajar and Wilson Duong have conducted thousands of BMP inspections. Cameron and Hugo have managed over 100 trash studies. Cameron and Jillian have assisted in 10 MS4 Permit program audits.
1.4. Resumes
The following section includes the resumes and certifications of key JLHA personnel.
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Cameron McCullough, CPSWQ, QSD/P, IGP ToR
Project Manager
Cameron McCullough has 20 years of experience in the
environmental compliance field, specializing in municipal surface water quality. His experience includes municipal NPDES, TMDL, and SSO control programs administration and implementation, funding—including the Safe, Clean Water Program, compliance planning, staff training, and representing client interests in interactions with regulators and other stakeholders.
Recent experience and qualifications
Mr. McCullough currently serves as a contracted project manager and primary contact for nine local cities’ surface water quality programs and provides as-needed general technical assistance to 28 local cities. Programs administered include those for state NPDES stormwater discharge permits (MS4, IGP, CGP), state non-stormwater discharge permits and orders (e.g., sanitary sewer overflows and drinking water system discharges), and local ordinances related to these programs (e.g., for the Safe, Clean Water Program, stormwater and urban runoff pollution prevention, and FOG/Industrial Waste Control). The table below lists specific clients, roles, and tasks for relevant contracted services.
Relevant Experience Currently or Recently Provided
Project Manager for contracted Municipal NPDES Program implementation assistance Clients Arcadia, Burbank, Glendale, Inglewood, South El Monte, South Pasadena, Stanton, Villa Park, and West Covina (9 cities total)
Tasks Varies per client, including client representation with watershed groups and regulators, program administration, WMP/TMDL/trash prohibition compliance planning, training, reporting, studies, and oversight of control programs such as inspections and public outreach.
Budget $600,000/year total
Lead Technical Support for as-needed Municipal NPDES technical assistance Clients The clients listed above, as well as Artesia, Baldwin Park, Compton, Covina, Diamond Bar, Downey, Hawthorne, Hermosa Beach, Lomita, Long Beach, Monterey Park, Norwalk, Paramount, Pasadena, Pico Rivera, RPV, Temple City, West Hollywood, and Whittier (28 total) Tasks Varies per client, including but not limited to staff training, NPDES Permit compliance inquiries, and assistance with strategic WMP/TMDL compliance planning.
Lead Technical Support for contracted Safe, Clean Water Program (SCWP) implementation assistance Clients The 28 clients listed above, and Hawaiian Gardens, La Mirada, and Lynwood (31 total) Tasks Varies per client, including Annual Plan and Expenditure Report development and preparation, and general technical assistance. For Burbank (2020), Diamond Bar (2020), and South Pasadena (2 in 2020, 1 in 2021), tasks included project concept planning and TRP application preparation.
Project Manager for Watershed Management Group Reporting and WMP Adaptive Management Clients Agencies within the Lower LA River and Lower San Gabriel River Watershed Management Groups Tasks Administering the preparation and adaptive management of WMPs and watershed reporting.
Client Representation for NPDES Program Audits
Clients Diamond Bar (2019), Glendale (‘20), Seal Beach (‘10, ‘06), Stanton (‘14, ‘10), Villa Park (‘19) Tasks Represented cities in MS4 NPDES Permit compliance audits from Cal EPA and Federal EPA. 20 years of project experience
Education
M.S., Applied Mathematics, CSULB
B.S., Physics, CSULB
Certifications
CPSWQ, EnviroCert (#0842)
QSD/QSP, CASQA (#22706)
IGP Trainer of Record, CASQA (#079)
Affiliations
Phi Beta Kappa Society
Society for Industrial & Applied Math
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Hugo Garcia, CPSWQ, CESSWI, QSD/P
Assistant Project Manager
Hugo Garcia has 12 years of experience with John L. Hunter & Associates, specializing in NPDES and Industrial Waste/FOG Control regulations. His experiences include implementation of Municipal NPDES Programs for Industrial/Commercial Facilities, Development Construction, Municipal Activities, Planning and Land Development, Public Information and Participation, and Illicit Connections & Illicit Discharge Elimination Programs. In addition, Hugo provides TMDL implementation and reporting, and serves as JLHA’s lead GIS Specialist.
Recent Experience and Project Qualifications
Mr. Garcia currently serves as both a Senior Project Analyst and Compliance Specialist whose responsibilities include providing assistance with the implementation of several Watershed Management Programs in Los Angeles and Orange County, as well as conducting stormwater compliance inspections (e.g., La Habra, and South Gate). Specific examples of recent experience and project qualifications include:
Assisting with the development, implementation, and compliance reporting components of Trash TMDLs for the Cities of Alhambra, Arcadia, Burbank, Downey, Glendale, Inglewood, Long Beach, Lomita, Lynwood, Monterey Park, Paramount, Pasadena, Pico Rivera, Rancho Palos Verdes, Signal Hill, South El Monte, South Gate, South Pasadena, Temple City, and West Hollywood. Assisting with the development of the Lower Los Angeles River Watershed Management Group Trash Monitoring Reporting Plan (TMRP), Trash Minimum Frequency of Assessment and Collection (MFAC/BMP) Programs for the Cities of Arcadia, Burbank, Downey, Glendale, Long Beach, Pasadena, and Pico Rivera, and Plastic Pellet Management Programs (PMRPs) for the Cities of Arcadia, Burbank, Glendale, Monterey Park, Pasadena, San Gabriel, South El Monte, South Pasadena, and Temple City. Assisting with Industrial General NPDES Stormwater Permit compliance activities and Stormwater Pollution Prevention Plans (SWPPPs) for municipal facilities located in the Cities of Laguna Beach, La Mirada, San Gabriel, Signal Hill, and West Covina.
Conducting over 3,000 NPDES compliance inspections at industrial/commercial facilities (e.g., food facilities, automotive repair facilities, and facilities subject to the Industrial General Permit) and construction sites.
Developing and maintaining GIS databases of 1) potential sites for low impact development (LID) retrofit projects to comply with various Watershed Management Programs, 2) catch basin retrofit locations to comply with Trash TMDLs and the statewide Trash Provisions, and 3) MS4 outfall and nonstormwater discharges locations to comply with Coordinated Integrated Monitoring Programs (CIMPs).
Reviewing preliminary plumbing plans for new development and tenant improvement projects at Industrial Waste/FOG facilities in the cities of Arcadia, Signal Hill, South El Monte, South Gate, and Stanton.
Assisting with the review of small site Low Impact Development (LID) plans for conformance with cityspecific LID standards for the Cities of Signal Hill, South Gate, and West Hollywood. Developing retrofit opportunity inventories for multi-watershed/multi-jurisdictional grants.
Education
B.S., Environmental Science, UCR
Certifications and Training
CPSWQ, EnviroCert (#1183)
CESSWI, EnviroCert (#4769)
QSD/P, CASQA (#27064)
Professional Certificate in GIS
Basic Inspector Academy, Cal EPA
Spanish fluency
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Jillian Brickey, MS, CPSWQ, QSD/P, CGP ToR
Project Manager
Jillian Brickey has 18 years of experience in environmental management, specializing in stormwater and watershed
management and water conservation. Her relevant experiences include implementing and managing NPDES municipal Permit programs for Low Impact Development, Development Construction, and TMDL/watershed management. Tasks include includes plan review and approval, reporting, training municipal staff in program implementation, and representing client interests in interactions with regulators and other stakeholders.
Recent Experience and Project Qualifications
Municipal NPDES Permit Management: Ms. Brickey serves as a Programs Manager of municipal NPDES Permit programs for multiple cities throughout the Southland. NPDES Permits managed include all elements of the MS4 and CGP Permits, including erosion/sediment control and Low Impact Development (LID) for construction projects, and TMDL implementation for water bodies impaired by trash, metals, toxics, and bacteria. Through these management activities, she has:
Represented cities in MS4 NPDES Permit New Development compliance audits from the Regional Water Quality Control Board. (Seal Beach: 2010, 2015, Stanton: 2010). Developed TMDL compliance plans for Metals, Toxics, Bacteria, and Trash. (Lower Los Angeles River, Lower San Gabriel River, Long Beach Nearshore Watersheds: 2013-2016.) Served as primary contact with clients and represented their interests when interacting with regulators. (Covina, La Habra, Seal Beach, South Pasadena, Stanton, Pasadena, West Hollywood). Developed Stormwater Quality Management Programs (Seal Beach: 2011), LID compliance guideline documents (Gateway cities, 2014), and LID ordinances (2014). Held CGP QSD/QSP training as a CGP ToR (Pasadena, 2016) and led over one hundred municipal training sessions in MS4 and CGP Permits. (Over 20 municipal clients: 2008-2016). Reviewed on behalf of municipal clients hundreds of LID Plans, WQMPs, and SWPPPs and verified proper installation and maintenance of hundreds of LID BMPs.
Supervised JLHA plan checking staff.
Watershed Management: Ms. Brickey served as a Project Manager for the development of the WMPs for the Lower Los Angeles River and Lower San Gabriel River Watershed Groups (2013-2016). The WMPs were developed by MS4 Permittees with shared watershed boundaries, with the objective of achieving surface water quality standards. Tasks included evaluating existing control measures and developing new control measures and compliance schedules to achieve water quality standards. She also oversaw the development and implementation of LID ordinances as required by the WMP development process. This included preparing a LID Ordinance Equivalency Demonstration for the City of Long Beach.
She has also led multi-jurisdictional workshops and technical committees on watershed management program implementation, and engaged with Regional Water Quality Control Board members, staff, and non-governmental organizations in support of contested issues regarding the watershed management compliance approach. Through representation of municipal clients’ stakeholder interests, Ms. Brickey has also participated in the development of watershed management programs and monitoring programs for the Upper Los Angeles River, Upper San Gabriel River, and Peninsula Cities Watershed Groups (2013-present).
18 Years of Experience in Water Quality
Education
M.S., Environmental Science, CSUF
B.S., Zoology, Cal State Poly Pomona
Certifications
CPSWQ, EnviroCert (#0845)
QSD/QSP, CASQA (#22731)
CGP Trainer of Record, CASQA
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Michelle Kim, MSE, CPSWQ, QSD
Project Engineer
Michelle Kim has 17 years of experience in the water
quality industry, which includes potable water,
wastewater, and stormwater. Michelle serves as a
Project Manager and technical lead on various
stormwater infrastructure projects for municipalities
involving planning, review, implementation, and
funding (including the Safe Clean Water Program).
Her relevant experiences and tasks include
implementing and managing NPDES municipal
permit provisions such as watershed management
and TMDL compliance, Best Management Practices
(BMPs) and Low Impact Development (LID) for planning and land development, construction, industrial/commercial activities, and public information and participation. She is also involved in the development and review of Watershed Management Programs (WMPs), Water Quality Management Plans (WQMPs), and LID Plans. Her experience also includes compliance planning, staff training, and representing client interests in interactions with regulators and other stakeholders.
Michelle’s client-specific responsibilities at JLHA include:
Reviewing LID Plans following the standards of the Los Angeles County area-wide MS4 Permit for the Cities of Covina, Diamond Bar, Downey, Hawaiian Gardens, Long Beach, Lynwood, Monterey Park, Norwalk, Pasadena, Rancho Palos Verdes, Santa Fe Springs, Signal Hill, South El Monte, South Gate, West Covina, West Hollywood, and Whittier.
Reviewing WQMPs following the standards of the North Orange County area-wide MS4 Permit for the Cities of La Habra, Placentia, Seal Beach, Stanton, and Villa Park. (WQMPs are the Orange Countyequivalent of Los Angeles County’s LID Plans.) Serving as point-of-contact with project engineers for the LID Plan and WQMP review process. Conducting post-construction BMP verification inspections. Conducting training to municipal staff on LID.
Assisting in municipal TMDL compliance activities, including the preparation of Trash TMDL studies and compliance reports, and Bacteria TMDL studies and Load Reduction Strategy reports. Assisting in MS4 Permit Project Management for the Cities of Diamond Bar, Downey, La Mirada, Long Beach, Lynwood, Monterey Park, Pico Rivera, Temple City, and Whittier. Tasks include serving as a point-of-contact with city staff, representing city interests at watershed meetings and other NPDESrelated meetings and hearings, and preparing Annual Reports. Assisting in Watershed Management efforts under the LA County area-wide MS4 Permit. This includes management of the Lower Los Angeles River Watershed Management Group (WMG), Lower San Gabriel River WMG, and Long Beach Nearshore WMG. Tasks include administering meetings, managing subcontractors, representing the groups in interactions with regulators, and preparing compliance reports, such as Watershed Annual Reports, WMP Progress Reports, and Adaptive Management reports.
17 years of project experience
Education
M.S., Civil Engineering, Loyola Marymount
B.S., Environmental Science, UC Berkeley
B.A., Public Health, UC Berkeley
Certifications
CPSWQ, EnviroCert (#1134)
QSD, CASQA (#26504)
EIT, NCEES (#141554)
Grade 3 Laboratory Analyst, CWEA (#130133001)
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John L. Hunter, PE
Principal
Mr. Hunter serves as the Principal of JLHA. He has over 30 years of experience in municipal environmental programs and currently oversees or otherwise assists with: (1)
elements of over 40 separate municipal NPDES programs
that covers sub-programs such as: watershed and
stormwater management, TMDL implementation, plan
reviews, industrial and construction inspections, training, O&M activities, public outreach, and monitoring and
reporting; (2) elements of 30 municipal Safe, Clean Water Programs, (3) eleven municipal FOG or Industrial Waste programs encompassing permitting, inspections and enforcement; (4) six municipal Used Oil Recycling programs; (5) three municipal Beverage Container Recycling programs; and (6) two water conservation programs.
Related Experience
Representation, Advocacy, and Leadership
Since May 2016, Mr. Hunter has served as the chair for the LA Permit Group, which facilitates discussions and provides area wide Permit updates to affected parties within LA County that are under the Regional MS4 NPDES Permit. He coordinates this role with staff from the County of Los Angeles, as well as other Permit stakeholders.
Historically, he has also chaired the Los Angeles River Watershed Management Committee and the Santa Monica Bay Bacterial TMDL J7 Subcommittee.
For decades Mr. Hunter has regularly represented client interests in meetings with Regional Board staff and members, most recently regarding topics such WMPs, CIMPs, TMDLs, trash provisions, and other new Permit mandates. Most recently this included providing written and oral comments on the 2021 Regional MS4 NPDES Permit on behalf of the Lower San Gabriel River and Lower LA River Watershed Management Groups.
Through these experiences, Mr. Hunter has played a leadership role in the continued countywide development and implementation of the Municipal NPDES Program in the LA Region.
Watershed Management and Safe, Clean Water Program
Mr. Hunter serves as the Principal-in-Charge for contracted program administration and implementation assistance to the Lower Los Angeles River Watershed Group, the Lower San Gabriel River Watershed Group, the Peninsula Cities Watershed Group, and the Long Beach Near-shore watersheds. Services overseen include preparation and adaptive management of the WMPs, CIMP monitoring, annual compliance reporting, project concept planning, and SCWP application preparation. This includes presenting SCWP funding projects to the Watershed Area Steering Committees (WASCs). He also participates as needed in the Upper Los Angeles River Watershed Group, the Dominguez Channel Watershed Group, and the Los Cerritos Channel Watershed Group.
Total Maximum Daily Loads and NPDES Permit Implementation Mr. Hunter oversaw development of the Reach 1 Metals TMDL Implementation Plan on behalf of nine local agencies. The Plan was used as a source document for the Compliance Schedule in the Lower LA River WMP.
He has also administered Trash TMDL studies and associated compliance reports for 19 cities, and continues to oversee the development and implementation of the federally required NPDES Municipal Permit Minimum Control Measures for over 30 cities.
Over 30 years of project experience
Education
B.S. Chemical Engineering, CSULB
B.S. Biological Sciences, UCI
Certifications and Licenses
CA Professional Chemical Engineer, 4724
CA Registered Environmental Assessor, 0900
CA Hazardous Substance Removal, A3382
CA General Engineering License, A-582340
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Chris Chew, PE, QSD
Staff Civil Engineer
Overview
Mr. Chew serves as a Staff Civil Engineer. He has over 20 years of municipal experience reviewing structural and architectural plans. His specialty lies in reviewing such plans for compliance with Permits (including MS4), City ordinances (including LID and Green Streets /Erosion Control), Building Codes, and other State Laws.
Education
M.S. Civil Engineering, Texas Tech University
B.S. Civil Engineering, Texas Tech University
Certifications and Licenses
CA Professional Civil Engineer (#47147)
Qualified SWPPP Developer (QSD)
Related Experience
With JLHA (Starting 2021)
Reviews structural and architectural plans and residential and large and complicated buildings for compliance with the MS4 Permit, City Ordinances and State Law.
Interacts with developers to facilitate completion of their projects. Code Consultant.
City of Glendale, Principal Civil Engineer (2015-2020)
Supervise and manage the Land Development, GIS, Surveying, Real Property, Stormwater and Wastewater Sections.
Supervise and manage the review of grading and public improvement plans, encroachment plans, subdivision maps, covenant and agreements, street vacations and dedications. Update City’s ordinances relating to engineering requirements in the Glendale Municipal Code, Glendale Building Code and Low Impact Development Ordinance.
Review development plans for construction and code compliance. Represent the City of Glendale in meetings with other public agencies relating to wastewater and stormwater issues.
Manage and implement the Municipal Separate Storm Sewer System (MS4) program. Responsible for the management of the Wastewater contracts with City of Los Angeles relating to the Amalgamated System and the Los Angeles Glendale Water Reclamation Plant. Manage wastewater rate study involving cost of service analysis. Solicit, prepare, and manage professional service agreements. Coordinate with architects, engineers, contractors, and other City staffs on development projects. Review City Council’s staff report submittals.
Review and evaluate employee’s job performance.
City of Glendale, Senior Civil Engineer (2009-2015)
Supervise and manage the Land Development, GIS, and Surveying Groups. Review development plans for construction and code compliance. Determine requirements for subdivisions, grading permits, construction permits and bonds. Coordinate with architects, engineers, contractors, and other City staffs on development projects. Review Council’s staff report submittals.
Response to citizen’s requests and complaints.
Manage the construction of federally funded slope repair project and supervise the analysis and reports on disputed construction costs, procedures, bids, and contract. Oversee preparation and revision of maps, surveys, wastewater records, and the storage and filing of various records and project files.
Develop a handbook that describes the permitting procedures for various permits. Review and evaluate employee’s job performance.
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Glenn Cajar, CPESC, CESSWI, QSP, QISP
Senior Inspector
Glenn Cajar has nine years of experience with John L. Hunter & Associates, specializing in municipal surface water quality and conservation regulations. His experiences include work in 1) the Municipal NPDES Programs for Industrial/Commercial Facilities, Construction, Public Outreach, and Illicit Discharge Elimination, 2) spill prevention through the Industrial Waste and Fats, Oils, and Grease (FOG) Control Programs, and 3) conservation through statewide drought emergency
regulations and the Clean Bay Restaurant (CBR) Program in the Santa Monica Bay.
Recent Experience and Project Qualifications
Glenn currently serves as an Environmental Compliance Specialist II. Specific examples of recent and relevant experience under this role include the following:
NPDES
● Conducting NPDES compliance inspections at industrial/commercial facilities (e.g., food facilities, automotive facilities, and facilities subject to the NPDES Industrial General Permit) ● Assisting facilities under the NPDES Industrial General Permit with permitting and compliance. ● Conducting NPDES compliance inspections at construction sites, including those under the NPDES Construction General Permit.
● Serving as a QSP under the Construction General Permit. (Long Beach) ● Assisting industrial businesses with SB 205 compliance. ● Training municipal staff in the illicit discharge component of the Municipal NPDES Permit. (Signal Hill) ● Training municipal staff in the Drinking Water Systems NPDES Permit. (Signal Hill) ● Preparing NPDES permit applications under the Drinking Water Systems NPDES Permit. (Several Cities) ● Assisting with the implementation of Trash TMDL field studies, including the DGR and MFAC studies. ● Developing educational materials for use by municipal staff, industrial/commercial businesses, and construction site operators.
Industrial Waste and FOG
● Conducting Industrial Waste and FOG inspections at industrial and commercial facilities. (Several cities)
● Assisting with implementation and processing of Industrial Waste/FOG program permitting. (Signal Hill)
● Assisting with implementation of Industrial Waste/FOG program fee recovery billing. (Signal Hill) ● Assisting with reviewing preliminary plumbing plans for new development and tenant improvement projects at Industrial Waste/FOG facilities. (Signal Hill).
Conservation
● Conducting water conservation inspections. (Seal Beach) ● Assisting in the program management of the Clean Bay Restaurant (CBR) Program and conducting CBR inspections at restaurants. The CBR Program incorporates solid waste recycling requirements, as well as NPDES and FOG requirements.
Education
B.S., Earth and Environmental Science, UCI
Certifications and Training
CPESC, EnviroCert
CESSWI, EnviroCert
QSP, CASQA
QISP, CASQA
Basic Inspector Academy, Cal EPA
Spanish fluency
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Wilson Duong, CPSWQ, CESSWI, QSD/P
Senior Inspector
Wilson Duong has eight years of experience with John L. Hunter & Associates, specializing in NPDES and Industrial Waste/FOG Control regulations. His experiences include implementation of Municipal NPDES Programs for Industrial/Commercial Facilities, Development Construction, Public Information and Participation, and Illicit Connections & Illicit Discharge Elimination Programs. In addition, Wilson provides TMDL implementation and reporting, and serves as one of JLHA’s GIS Specialists.
Recent Experience and Project Qualifications
Mr. Duong currently serves as an Environmental Senior Compliance Specialist whose responsibilities include implementing compliance inspection programs for stormwater, industrial waste, and fats, oils, grease (FOG), as well as providing assistance with the implementation of several Watershed Management Programs in Los Angeles and Orange County, Specific examples of recent experience and project qualifications include:
● Conducting industrial waste and FOG inspections at industrial/commercial facilities (e.g., food service establishments, food processing, manufacturing, and automotive body/repair/wash). ● Assisting with implementation and processing of Industrial Waste/FOG program permitting. (Covina, El Monte, South El Monte).
● Assisting with implementation of Industrial Waste/FOG program fee recovery billing. (South El Monte). ● Assisting with reviewing preliminary plumbing plans for new development and tenant improvement projects at Industrial Waste/FOG facilities. (South El Monte). ● Conducting NPDES compliance inspections at industrial/commercial facilities (e.g., food facilities, automotive facilities, and facilities subject to the Industrial General Permit), and construction sites. ● Assisting with implementation of Senate Bill 205 (Business Licenses: Storm Water Discharge Compliance). (Artesia, La Mirada, Long Beach, Pico Rivera, Signal Hill, Stanton, West Covina). ● Training and supervising new JLHA inspectors on proper inspection procedures for the NPDES, and Industrial Waste/FOG programs.
● Developing and maintaining inspection facility databases for the NPDES, and Industrial Waste/FOG programs
● Assisting with the implementation component of Trash TMDLs. (Burbank, Monterey Park). ● Assisting with the implementation component of the Lower Los Angeles River Trash Minimum Frequency of Assessment and Collection (MFAC/BMP) Programs. (Burbank, Glendale, Long Beach, Pico Rivera).
● Assisting with the development of GIS-based implementation plans to comply with the Statewide Trash Provisions for 22 local municipalities.
● Developing and maintaining GIS databases of 1) potential sites for low impact development (LID) retrofit projects to comply with various Watershed Management Programs.
Education
B.S., Environmental Science, UCR
Certifications and Training
CPSWQ, EnviroCert (#1548)
CESSWI, EnviroCert (#5626)
QSD/P, CASQA (#28450)
Basic Inspector Academy, Cal EPA
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1.5. Client References
Table 3 is a list of client references we have provided similar scope of services. Additional references are available at the request of the City.
Table 3. References
Agency Name Data Field Reference Information
Monterey Park
2005-Present
(Ongoing)
Description of Project
and Services Performed
MS4 NPDES Permit programs including SCWP assistance,
compliance reporting, training, field
(construction/industrial/commercial) inspections, TMDL
assistance (DGR study), IC/ID investigation, LID plan review, and FOG/IW Program assistance
Client Contact/Title Ziad Mazboudi, Engineering Manager Address 320 W Newmark Ave, Monterey Park, CA 91754
Telephone 626.532.2018
Key Staff on the Project Cameron McCullough, Michelle Kim, Hugo Garcia Pasadena
2015-Present
(Ongoing)
Description of Project
and Services Performed
MS4 NPDES Permit programs including SCWP assistance,
compliance reporting, training, field
(construction/industrial/commercial) inspections, TMDL
assistance (DGR study), IC/ID investigation, and LID plan review
Client Contact/Title Dawn Petschauer, Stormwater Program Administrator Address 100 N Garfield Ave, Pasadena, CA 91101
Telephone 626.744.3929
Key Staff on the Project Cameron McCullough, Jillian Brickey South Pasadena
2005-Present
(Ongoing)
Description of Project
and Services Performed
MS4 NPDES Permit programs including SCWP assistance,
compliance reporting, training, field
(construction/industrial/commercial) inspections, TMDL
assistance (DGR study), and IC/ID investigation
Client Contact/Title Ted Gerber, Director of Public Works Address 1414 Mission St, South Pasadena, CA 91030
Telephone 626.403.7240
Key Staff on the Project Cameron McCullough, Hugo Garcia
1.6. Sub-Consultants
We do not anticipate the need to enlist the assistance of sub-consultants to fulfill the scope of services. If it is determined that a subconsultant is needed to provide a specialized task, the City will be notified prior to approval.
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1.7. Proposed Approach
Tables 4 list the services listed on the Scope of Services section of the RFQ, and include information that describes the scope of work and approach for completing the scope.
Table 4. Approach to Services
RFQ Task Description
1 Assist with the preparation, review, and submission of Safe, Clean Water (SCW) Municipal Program Annual Plans and Annual Reports. Work with City staff to identify potential projects/programs that can utilize SCW funds.
We provide this service to over 30 clients in LA County. Our approach is to request Annual Plan and Annual Expenditure Report information from City staff. We will review the responses with City staff and incorporate comments into a Draft Annual Plan and Draft Annual Expenditure Report. Our comments will include identifying and providing solutions to any issues that could result in noncompliance with the District's Fund Transfer Agreement.
We will update the SCWP Reporting Module database and based on available data we will prepare responses to program status and assessment elements of the Draft Annual Plan and Annual Expenditure Report. We will submit the Annual Plan and Annual Expenditure Report prior to the final deadline due April 1st and December 31st, respectively.
We will also assist in identifying potential projects and programs that can utilize SCW funds.
Our experience providing this service to so many cities has given us insight into the diverse range of projects and programs eligible for SCW funding. Should the City decide to apply for a SCW Regional Program application, we are available to prepare draft documents with sufficient time for city review and comment prior to final submittal. We are also available to assist in administering SCW Program agreements, including compliance with SCWP Program requirements, preparation, and submission of supporting documents and coordination. 2 Assist with the preparation, review, and submission of annual reports to regulatory agencies as required by the MS4 permit. This may include, but is not limited to, the NPDES Annual Report and Upper Los Angeles River (ULAR) WMP/CIMP Progress and Monitoring Reports, or other reports identified by the City.
We provide this service to over 30 clients in LA County. Our approach is to first complete as much of the Reports as possible with the City’s available data. For the remaining data we will develop information request forms and provide them to applicable City staff. We will then review the completed forms with City staff and incorporate comments into the Draft Annual and Bi-Annual Progress Reports. We will update the County’s WRAMPS2.ORG database and incorporate volumetric managements results into the Draft Annual and BiAnnual Progress Reports. Based on available data we will prepare responses to program status and assessment elements of the Draft Annual Report. We are available to submit the Individual Annual and Bi-Annual Progress Reports prior to the final deadlines, June 15th and December 15th. Meeting the deadline is dependent upon receiving timely responses from the City. Although we will endeavor to prepare Reports that comply with the requirements of the LA Water Board, their assessment of the Reports in terms of MS4 NPDES Permit compliance depends on the information provided by the City.
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3 Represent City at stakeholder meetings relevant to the NPDES/stormwater programs, including the Upper Los Angeles River (ULAR) Enhanced Watershed Management Program meetings. Provide written updates of relevant information discussed at the meetings.
Our approach is to represent the City: 1) at relevant area-wide NPDES meetings, 2) in interactions and negotiations with regulating agencies, non-governmental agencies, and the public, 3) in compliance audits, and 4) in responding to enforcement actions. Meeting summaries will be prepared for City review. Any action items required by the City as a result of the meetings will be conveyed via email or phone call. Note that we work for cities in the same WMG, Watershed Management Areas, and Watershed Area Steering Committee (Burbank, Glendale, Monterey Park, Pasadena, San Gabriel, South El Monte, South Pasadena, and Temple City), which will allow for sharing costs for applicable meetings. 4 Develop and provide NPDES training for applicable City staff. Topics may include Land Development and Construction, Public Works O&M, Illicit Discharge/Spill Response, and other appropriate or required trainings related to stormwater/NPDES.
We will work with the City to provide training to new and current staff. This may include Code Enforcement staff; Public Works O&M staff; plan reviewers, planners, building officials, inspectors, permit techs, and engineers. Note that we have already prepared generalized training materials, so preparation expenses for training are minimized.
Our approach to staff training is to provide key personnel with the essential elements of the MS4 Permit relevant to their job. We emphasize the internal staff process and specific job responsibilities. Although we have excellent training materials, including a dedicated training portal, we emphasize Q&A with City staff. We also provide slide presentations, key program forms, templates, and documentation.
5 Complete inspections of commercial facilities (approximately 25) to ensure compliance with MS4 Industrial/Commercial Facility Program. Tasks will include inspections, tracking, education of business owners, preparation of necessary reports, and follow-up activities.
We will conduct MS4 NPDES compliance inspections at industrial and commercial facilities.
Our approach is to first identify and track facilities using existing resources such as business license lists. We then inspect facilities for proper BMP implementation. Inspections standard operating procedures includes 1) inspecting facility layout to locate the stormwater drainage path, storage areas, process areas, and heavy equipment wash and maintenance areas, as applicable, 2) determining the facility’s impact on stormwater quality through proper BMP implementation and illicit discharge elimination, 3) verifying industrial classification, 4) and completing an inspection report. Over the years we have modified many of our template NPDES program documents in order to make them more efficient and useful. We can modify our existing NPDES inspection report for City use, or we can develop a new NPDES inspection report at the request of the City. During routine inspections we will determine the need for corrective actions and set up follow-up dates. Follow-up activities will follow the MS4 Permit progressive enforcement procedures. For egregious or repeated cases of noncompliance, we will assist in preparing enforcement notices. If noncompliance persists, we can work with City enforcement staff to resolve the issue.
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6 Conduct the 5-year Daily Generation Rate (DGR) compliance field study, as specified in the Los Angeles Trash TMDL. Work will include;
a. Litter Collection/Analysis
b. Preparation of report in format specified by the Regional Board c. Project Administration
We provide this service to over 20 clients in LA County. Our approach is to:
Conduct Street Litter Collection and Analysis
Collect anthropogenic litter greater than 1/4 inch along representative streets within the City. Note:
o The study routes will be based on the City’s last DGR Study. o The field study will cover a period of 30+ days of street sweeping. This will require three to five collection events, based on the City’s summer street sweeping/cleaning schedule, within distinct land use areas. o Weigh trash at a secure location. We will need access to a City facility for trash sorting.
Prepare Report in Format Specified by the Regional Board Prepare an estimate of the amount of anthropogenic litter greater than 1⁄4 inch generated daily based upon litter collected and the City’s street sweeping/cleaning schedule.
Prepare the MS4 NPDES Permit’s Trash TMDL compliance reporting form. We will submit a draft and final report prior to the Watershed Management Group’s internal Annual Report submission deadline.
Project Administration
Supervise project team members and regularly review their work product. Track and control the budget, and ensure control of the schedule of services provided.
Note the study frequency is based on compliance with the Trash TMDL. This means the next trash study could be required as soon as next year or as late as 2029. 7 Assess program compliance and recommend actions
Through our NPDES services for other local cities, we have prepared a self-audit checklist of all MS4 NPDES requirements. This checklist addresses the Minimum Control Measures, nonstormwater discharge prohibitions, the ULAR WMP, and TMDLs. We will complete this checklist for the City using existing City compliance data–such as our current knowledge of the City’s NPDES Program, the City’s Annual Reports, and the ULAR WMP–holding informational meetings with City staff, and requesting via email any remaining compliancerelated data.
We will use the completed self-audit checklist to prepare an assessment of compliance and recommend actions to achieve or maintain compliance. Our recommendations will take into account the resources available to the City, and will prioritize actions that our team has successfully implemented in other cities. We will review the assessment and recommendations with City staff and assist in implementing any actions they decide to take.
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8 Assist with the identification of potential stormwater quality improvement projects and grant funding opportunities. This may include, but is not limited to, preparation of conceptual design plans, cost estimates and grant application packages.
We regularly assist cities and watershed groups with identifying projects and stormwater funding, and have assisted with applications for SCWP, Prop 1, Prop 68, Prop 84, and OCTA M2. Our approach is to attend applicable grant and other funding meetings and workshops, and inform the City of funding opportunities related to NPDES. Should the City decide to apply for a grant application, we are available to prepare draft documents with sufficient time for city review and comment prior to final submittal. We are also available to assist in administering grant agreements, including compliance with grant requirements, preparation, and submission of supporting grant documents and coordination. 9 Assist with as-needed NPDES or stormwater-related tasks not specifically identified in the scope of services
We are available to assist as-needed with other NPDES or stormwater-related tasks not specifically identified in the scope of services. We are versed in other NPDES Permits such as the Construction General Permit.
1.8. Performance Criteria
Table 5 list the questions on the Performance Criteria section of the RFQ with our responses.
Table 5. Performance Criteria Responses
Describe how your team is organized to provide the services to perform this Project.
Our team is led by a Project Manager. The Project Manager ensures services are provided on time, within the budget, and are of high quality. The Project Manager also serves as the main point-of-contact. The team is organized so that there is more than one expert (“lead”) for any task listed in the City’s RFQ, and that more than one team member can serve as a point-of contact. This “good” redundancy helps ensure that all services are provided on time, within the budget, and are of high quality.
Our team also incorporates multiple levels of review of project deliverables by qualified team members.
This is done to provide an unbiased assessment of our accuracy, completeness, and adherence to regulations and best practices. For example, the Project Manager will review and provide internal comment on Annual MS4 Permit Compliance Reports prepared by a Team Lead. Both team members have extensive experience preparing these Reports. Another example is that our Senior field staff review field inspection reports, have inspectors correct reports when necessary, and summarize the results to the Project Manager.
Describe the major strengths of your team.
One of our team’s major strengths is its local experience. As noted in the Executive Summary, our team includes multiple staff members with 10 to 20+ years of experience implementing and managing local MS4 Permit Programs in LA County. Almost all of this experience is with JLHA, which is another strength:
the team has worked together for many years. The team also assists cities neighboring San Marino, such as Pasadena, South Pasadena, San Gabriel, Monterey Park, Temple City, and Arcadia. This local connection means our team is keyed into the City’s local MS4 NPDES requirements.
Our team’s strength is also evident in the growing number of clients it has served over the last 15 years.
This trend of growth and retention is visible by referring to the “Years of Experience” in Section 1.3.3.
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Table 5. Performance Criteria Responses
The trend is due in large part to the growing reputation of the team. JLHA has leveraged this reputation to attract highly qualified new personnel, which has added to both the strength and stability of the firm.
It is also worth noting that because our firm is relatively small, most strengths of the firm are also strengths of project team members. For more information on this, please review the Executive Summary.
For some specific examples of our team’s experiences, see Section 1.3.2.
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.
Although this is not a design or construction project, we do have a process to ensure quality:
Internal peer reviews: We incorporate multiple levels of review of project deliverables by qualified Project Team members. This is done to provide an unbiased assessment of our accuracy, completeness, and adherence to regulations and best practices. For example, the Project Manager will review and provide internal comment on Annual MS4 Permit Compliance Reports prepared by a Team Lead. Both team members have extensive experience preparing these Reports. Another example is that our Senior field staff review field inspection reports, have inspectors correct reports when necessary, and summarize the results to the Project Manager. Checklists and templates: We use standardized tools to ensure consistency and completeness across projects. For example, we have developed inspection forms and project determination forms designed to meet the specific requirements of the LA County MS4 Permit. Data validation: We verify collected data and compliance calculations to maintain data integrity.
Examples include verification of water quality monitoring data and TMDL compliance calculations.
Document control: We use Google Drive and AppSheet, softwares that systematically manages project documents to ensure version control and easy access. Client communication: We regularly update our clients to ensure project alignment and satisfaction.
Training and certification: We do not assign staff to a project team until we know they will meet or exceed the expectations and qualifications on the assigned role. We determine project assignments through years of regular meetings with applicable staff. We also encourage continuous professional development for staff, including NPDES-specific certifications, to maintain expertise and up-to-date knowledge. Note that most of the Project Team hold multiple certifications related to NPDES Permit compliance.
Describe your firm’s ability to perform the work within the schedule outlined herein.
The services listed are provided on an annual basis, with many annual deadlines for tasks such as compliance reports, studies, and field inspections. We have provided similar services to San Marino–as well as our other many municipal clients–for many years without missing these deadlines, and we are confident we will continue to meet these deadlines in the coming years. Our team also has depth of experience in this work, with multiple team members independently capable of providing multiple tasks.
This provides additional assurance that all tasks will be completed on schedule.
Describe your firm’s claims experience.
There are no current or past conditions (e.g., claims and litigation, including threatened, etc.) in the past five years that could affect the viability of this proposal, the continuation of existing contracts, or our operational or financial stability.
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PROFESSIONAL SERVICES AGREEMENT
between
The City of San Marino
2200 Huntington Drive
San Marino, CA 91108
&
JOHN L HUNTER AND ASSOCIATES
6131 ORANGETHORPE AVE #300
BUENA PARK, CA 90620
This Professional Service Agreement (“the Agreement”) is made as of November 13, 2024 (the “Effective Date”), by and between John L Hunter and Associates (“Consultant”), and the City of San Marino (“City”), a California municipal corporation, (collectively, “the Parties”).
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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 June 30, 2027 unless sooner terminated as provided in Section 5.0 of this Agreement. City may exercise up to two (2) 1-year extensions contingent on an annual appropriation of budget by the City Council and Consultant’s satisfactory performance.
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 $150,000 over the total duration of the contract or more than $50,000 per fiscal year (period between July 1 and June 30). 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 $30,000. 2 of 16 PAGE 1307 of 1856
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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 thirty (30) 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.
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 PAGE 1308 of 1856
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“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.
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 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. CONSULTANT REPRESENTATIVE NAME is Consultant’s representative for purposes of this Agreement.
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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:
To Consultant:
City of San Marino
2200 Huntington Drive
San Marino, California 91108
Attn: City Manager
JOHN L HUNTER AND ASSOCIATES
6131 ORANGETHORPE AVE. #300
BUENA PARK, CA 90620
Attn: Cameron McCullough
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.
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, PAGE 1310 of 1856
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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
Without limiting Consultant’s indemnification of Agency, and prior to commencement of Work, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to Agency.
12.1. General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
12.3 Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
12. 4 Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in PAGE 1311 of 1856
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the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
12.5 Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).
Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees, and volunteers.
Other provisions or requirements
12.6. Proof of insurance. Consultant shall provide certificates of insurance and required endorsements to Agency as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Agency for the contract period and any additional length of time required thereafter. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
12.7 Duration of coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or sub-consultants.
12.8 Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency’s own insurance or self- insurance shall be called upon to protect it as a named insured.
12.9 Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by Agency will be promptly reimbursed by Consultant or Agency will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Agency may cancel this Agreement.
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12.10 Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.
12.11 Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of its subconsultants.
12.12 Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Consultant of non-compliance with any requirement imposes no additional obligations on the Agency nor does it waive any rights hereunder.
12.13 Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.
12.14 Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the Agency with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the Agency immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.
12.15 Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
12.16 Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include PAGE 1313 of 1856
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any limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing.
12.17 Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any crossliability exclusions.
12.18 Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the Agency, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this Agreement. This provision does not relieve the Consultant of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the subcontractor.
Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to Agency for review.
12.19 Agency’s right to revise specifications. The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the Agency and Consultant may renegotiate Consultant’s compensation.
12.20 Self-insured retentions. Any self-insured retentions must be declared to and approved by Agency. Agency reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
12.21 Timely notice of claims. Consultant shall give Agency prompt and timely notice of claims made or suits instituted that arise out of or result from PAGE 1314 of 1856
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Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
12.22 Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
Indemnification, Hold Harmless, and Duty to Defend
12.23 To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless Agency and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by Agency in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury, or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a neutral third-party to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the Agency.
12.24 Notwithstanding the foregoing and without diminishing any rights of Agency under Indemnification and Defense for Professional Services, for any liability, claim, demand, allegation against Agency arising out of, related to, or pertaining to any act or omission of Consultant, but which is not a design professional service, Consultant shall defend, indemnify, and hold harmless Agency, its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney’s fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the Agency, except for the sole or active negligence of, or willful misconduct of the Agency
13.0 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.
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14.0 Labor Certification
14.1. 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.
14.2. 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.
14.3. 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.
14.4. 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.
15.0 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.
16.0 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.
17.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
18.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.
19.0 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 PAGE 1316 of 1856
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service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
20.0 Headings
Headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.
21.0 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.
22.0 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.
23.0 Prohibited Interests; Conflict of Interest
23.1. 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.
23.2. 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 PAGE 1317 of 1856
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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.
23.3. 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.
24.0 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.
25.0 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.
26.0 Corporate Authority
26.1. 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.
26.2. 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.
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the Effective Date.
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CITY OF SAN MARINO
By:_________________________
Philippe Eskandar
City Manager
Attest:
By:_________________________
City Clerk
Approved as to Form:
By:_________________________
Joseph Montes
City Attorney
CONSULTANT
By:_____________________________ (Sign)
Name: __________________________ (Print)
Title: __________________________ (Print)
By:_____________________________ (Sign)
Name: __________________________ (Print)
Title: __________________________ (Print)
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Exhibit A
Scope of Services
See next page
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1.7. Proposed Approach
Tables 4 list the services listed on the Scope of Services section of the RFQ, and include information that describes the scope of work and approach for completing the scope.
Table 4. Approach to Services
RFQ Task Description
1 Assist with the preparation, review, and submission of Safe, Clean Water (SCW) Municipal Program Annual Plans and Annual Reports. Work with City staff to identify potential projects/programs that can utilize SCW funds.
We provide this service to over 30 clients in LA County. Our approach is to request Annual Plan and Annual Expenditure Report information from City staff. We will review the responses with City staff and incorporate comments into a Draft Annual Plan and Draft Annual Expenditure Report. Our comments will include identifying and providing solutions to any issues that could result in noncompliance with the District's Fund Transfer Agreement.
We will update the SCWP Reporting Module database and based on available data we will prepare responses to program status and assessment elements of the Draft Annual Plan and Annual Expenditure Report. We will submit the Annual Plan and Annual Expenditure Report prior to the final deadline due April 1st and December 31st, respectively.
We will also assist in identifying potential projects and programs that can utilize SCW funds.
Our experience providing this service to so many cities has given us insight into the diverse range of projects and programs eligible for SCW funding. Should the City decide to apply for a SCW Regional Program application, we are available to prepare draft documents with sufficient time for city review and comment prior to final submittal. We are also available to assist in administering SCW Program agreements, including compliance with SCWP Program requirements, preparation, and submission of supporting documents and coordination. 2 Assist with the preparation, review, and submission of annual reports to regulatory agencies as required by the MS4 permit. This may include, but is not limited to, the NPDES Annual Report and Upper Los Angeles River (ULAR) WMP/CIMP Progress and Monitoring Reports, or other reports identified by the City.
We provide this service to over 30 clients in LA County. Our approach is to first complete as much of the Reports as possible with the City’s available data. For the remaining data we will develop information request forms and provide them to applicable City staff. We will then review the completed forms with City staff and incorporate comments into the Draft Annual and Bi-Annual Progress Reports. We will update the County’s WRAMPS2.ORG database and incorporate volumetric managements results into the Draft Annual and BiAnnual Progress Reports. Based on available data we will prepare responses to program status and assessment elements of the Draft Annual Report. We are available to submit the Individual Annual and Bi-Annual Progress Reports prior to the final deadlines, June 15th and December 15th. Meeting the deadline is dependent upon receiving timely responses from the City. Although we will endeavor to prepare Reports that comply with the requirements of the LA Water Board, their assessment of the Reports in terms of MS4 NPDES Permit compliance depends on the information provided by the City.
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3 Represent City at stakeholder meetings relevant to the NPDES/stormwater programs, including the Upper Los Angeles River (ULAR) Enhanced Watershed Management Program meetings. Provide written updates of relevant information discussed at the meetings.
Our approach is to represent the City: 1) at relevant area-wide NPDES meetings, 2) in interactions and negotiations with regulating agencies, non-governmental agencies, and the public, 3) in compliance audits, and 4) in responding to enforcement actions. Meeting summaries will be prepared for City review. Any action items required by the City as a result of the meetings will be conveyed via email or phone call. Note that we work for cities in the same WMG, Watershed Management Areas, and Watershed Area Steering Committee (Burbank, Glendale, Monterey Park, Pasadena, San Gabriel, South El Monte, South Pasadena, and Temple City), which will allow for sharing costs for applicable meetings. 4 Develop and provide NPDES training for applicable City staff. Topics may include Land Development and Construction, Public Works O&M, Illicit Discharge/Spill Response, and other appropriate or required trainings related to stormwater/NPDES.
We will work with the City to provide training to new and current staff. This may include Code Enforcement staff; Public Works O&M staff; plan reviewers, planners, building officials, inspectors, permit techs, and engineers. Note that we have already prepared generalized training materials, so preparation expenses for training are minimized.
Our approach to staff training is to provide key personnel with the essential elements of the MS4 Permit relevant to their job. We emphasize the internal staff process and specific job responsibilities. Although we have excellent training materials, including a dedicated training portal, we emphasize Q&A with City staff. We also provide slide presentations, key program forms, templates, and documentation.
5 Complete inspections of commercial facilities (approximately 25) to ensure compliance with MS4 Industrial/Commercial Facility Program. Tasks will include inspections, tracking, education of business owners, preparation of necessary reports, and follow-up activities.
We will conduct MS4 NPDES compliance inspections at industrial and commercial facilities.
Our approach is to first identify and track facilities using existing resources such as business license lists. We then inspect facilities for proper BMP implementation. Inspections standard operating procedures includes 1) inspecting facility layout to locate the stormwater drainage path, storage areas, process areas, and heavy equipment wash and maintenance areas, as applicable, 2) determining the facility’s impact on stormwater quality through proper BMP implementation and illicit discharge elimination, 3) verifying industrial classification, 4) and completing an inspection report. Over the years we have modified many of our template NPDES program documents in order to make them more efficient and useful. We can modify our existing NPDES inspection report for City use, or we can develop a new NPDES inspection report at the request of the City. During routine inspections we will determine the need for corrective actions and set up follow-up dates. Follow-up activities will follow the MS4 Permit progressive enforcement procedures. For egregious or repeated cases of noncompliance, we will assist in preparing enforcement notices. If noncompliance persists, we can work with City enforcement staff to resolve the issue.
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6 Conduct the 5-year Daily Generation Rate (DGR) compliance field study, as specified in the Los Angeles Trash TMDL. Work will include;
a. Litter Collection/Analysis
b. Preparation of report in format specified by the Regional Board c. Project Administration
We provide this service to over 20 clients in LA County. Our approach is to:
Conduct Street Litter Collection and Analysis
Collect anthropogenic litter greater than 1/4 inch along representative streets within the City. Note:
o The study routes will be based on the City’s last DGR Study. o The field study will cover a period of 30+ days of street sweeping. This will require three to five collection events, based on the City’s summer street sweeping/cleaning schedule, within distinct land use areas. o Weigh trash at a secure location. We will need access to a City facility for trash sorting.
Prepare Report in Format Specified by the Regional Board Prepare an estimate of the amount of anthropogenic litter greater than 1⁄4 inch generated daily based upon litter collected and the City’s street sweeping/cleaning schedule.
Prepare the MS4 NPDES Permit’s Trash TMDL compliance reporting form. We will submit a draft and final report prior to the Watershed Management Group’s internal Annual Report submission deadline.
Project Administration
Supervise project team members and regularly review their work product. Track and control the budget, and ensure control of the schedule of services provided.
Note the study frequency is based on compliance with the Trash TMDL. This means the next trash study could be required as soon as next year or as late as 2029. 7 Assess program compliance and recommend actions
Through our NPDES services for other local cities, we have prepared a self-audit checklist of all MS4 NPDES requirements. This checklist addresses the Minimum Control Measures, nonstormwater discharge prohibitions, the ULAR WMP, and TMDLs. We will complete this checklist for the City using existing City compliance data–such as our current knowledge of the City’s NPDES Program, the City’s Annual Reports, and the ULAR WMP–holding informational meetings with City staff, and requesting via email any remaining compliancerelated data.
We will use the completed self-audit checklist to prepare an assessment of compliance and recommend actions to achieve or maintain compliance. Our recommendations will take into account the resources available to the City, and will prioritize actions that our team has successfully implemented in other cities. We will review the assessment and recommendations with City staff and assist in implementing any actions they decide to take.
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8 Assist with the identification of potential stormwater quality improvement projects and grant funding opportunities. This may include, but is not limited to, preparation of conceptual design plans, cost estimates and grant application packages.
We regularly assist cities and watershed groups with identifying projects and stormwater funding, and have assisted with applications for SCWP, Prop 1, Prop 68, Prop 84, and OCTA M2. Our approach is to attend applicable grant and other funding meetings and workshops, and inform the City of funding opportunities related to NPDES. Should the City decide to apply for a grant application, we are available to prepare draft documents with sufficient time for city review and comment prior to final submittal. We are also available to assist in administering grant agreements, including compliance with grant requirements, preparation, and submission of supporting grant documents and coordination. 9 Assist with as-needed NPDES or stormwater-related tasks not specifically identified in the scope of services
We are available to assist as-needed with other NPDES or stormwater-related tasks not specifically identified in the scope of services. We are versed in other NPDES Permits such as the Construction General Permit.
1.8. Performance Criteria
Table 5 list the questions on the Performance Criteria section of the RFQ with our responses.
Table 5. Performance Criteria Responses
Describe how your team is organized to provide the services to perform this Project.
Our team is led by a Project Manager. The Project Manager ensures services are provided on time, within the budget, and are of high quality. The Project Manager also serves as the main point-of-contact. The team is organized so that there is more than one expert (“lead”) for any task listed in the City’s RFQ, and that more than one team member can serve as a point-of contact. This “good” redundancy helps ensure that all services are provided on time, within the budget, and are of high quality.
Our team also incorporates multiple levels of review of project deliverables by qualified team members.
This is done to provide an unbiased assessment of our accuracy, completeness, and adherence to regulations and best practices. For example, the Project Manager will review and provide internal comment on Annual MS4 Permit Compliance Reports prepared by a Team Lead. Both team members have extensive experience preparing these Reports. Another example is that our Senior field staff review field inspection reports, have inspectors correct reports when necessary, and summarize the results to the Project Manager.
Describe the major strengths of your team.
One of our team’s major strengths is its local experience. As noted in the Executive Summary, our team includes multiple staff members with 10 to 20+ years of experience implementing and managing local MS4 Permit Programs in LA County. Almost all of this experience is with JLHA, which is another strength:
the team has worked together for many years. The team also assists cities neighboring San Marino, such as Pasadena, South Pasadena, San Gabriel, Monterey Park, Temple City, and Arcadia. This local connection means our team is keyed into the City’s local MS4 NPDES requirements.
Our team’s strength is also evident in the growing number of clients it has served over the last 15 years.
This trend of growth and retention is visible by referring to the “Years of Experience” in Section 1.3.3.
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Table 5. Performance Criteria Responses
The trend is due in large part to the growing reputation of the team. JLHA has leveraged this reputation to attract highly qualified new personnel, which has added to both the strength and stability of the firm.
It is also worth noting that because our firm is relatively small, most strengths of the firm are also strengths of project team members. For more information on this, please review the Executive Summary.
For some specific examples of our team’s experiences, see Section 1.3.2.
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.
Although this is not a design or construction project, we do have a process to ensure quality:
Internal peer reviews: We incorporate multiple levels of review of project deliverables by qualified Project Team members. This is done to provide an unbiased assessment of our accuracy, completeness, and adherence to regulations and best practices. For example, the Project Manager will review and provide internal comment on Annual MS4 Permit Compliance Reports prepared by a Team Lead. Both team members have extensive experience preparing these Reports. Another example is that our Senior field staff review field inspection reports, have inspectors correct reports when necessary, and summarize the results to the Project Manager. Checklists and templates: We use standardized tools to ensure consistency and completeness across projects. For example, we have developed inspection forms and project determination forms designed to meet the specific requirements of the LA County MS4 Permit. Data validation: We verify collected data and compliance calculations to maintain data integrity.
Examples include verification of water quality monitoring data and TMDL compliance calculations.
Document control: We use Google Drive and AppSheet, softwares that systematically manages project documents to ensure version control and easy access. Client communication: We regularly update our clients to ensure project alignment and satisfaction.
Training and certification: We do not assign staff to a project team until we know they will meet or exceed the expectations and qualifications on the assigned role. We determine project assignments through years of regular meetings with applicable staff. We also encourage continuous professional development for staff, including NPDES-specific certifications, to maintain expertise and up-to-date knowledge. Note that most of the Project Team hold multiple certifications related to NPDES Permit compliance.
Describe your firm’s ability to perform the work within the schedule outlined herein.
The services listed are provided on an annual basis, with many annual deadlines for tasks such as compliance reports, studies, and field inspections. We have provided similar services to San Marino–as well as our other many municipal clients–for many years without missing these deadlines, and we are confident we will continue to meet these deadlines in the coming years. Our team also has depth of experience in this work, with multiple team members independently capable of providing multiple tasks.
This provides additional assurance that all tasks will be completed on schedule.
Describe your firm’s claims experience.
There are no current or past conditions (e.g., claims and litigation, including threatened, etc.) in the past five years that could affect the viability of this proposal, the continuation of existing contracts, or our operational or financial stability.
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Exhibit B
Fee Schedule
See next page
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2. Pricing Proposal
2.1. Standard Rate Schedule
Team Member Year 1 Year 2 Year 3
Principal $220 / hour $227 / hour $234 / hour
Director $195 / hour $201 / hour $208 / hour
Program Manager $195 / hour $201 / hour $208 / hour
Staff Engineer $195 / hour $201 / hour $208 / hour
Project Manager $185 / hour $191 / hour $197 / hour
Assistant Project Manager $165 / hour $170 / hour $176 / hour Project Engineer $165 / hour $170 / hour $176 / hour
Senior Compliance Specialist $145 / hour $150 / hour $155 / hour Compliance Specialist II $135 / hour $140 / hour $145 / hour Project Analyst II $135 / hour $140 / hour $145 / hour
Compliance Specialist I $125 / hour $129 / hour $133 / hour Project Analyst I $125 / hour $129 / hour $133 / hour
Administrative Assistant, Laborer
(OSHA 40hr certified) $85 / hour $88 / hour $91 / hour
State Certified Laboratory Analysis Cost + 5% Cost + 5% Cost + 5% Legal Consultation, Court
Appearances/Document review, etc. $290 / hour $299 / hour $308 / hour Subcontracted equipment Cost + 5% Cost + 5% Cost + 5%
For the purposes of this SOQ, this rate schedule assumes a 3% consumer price index (CPI) increase in subsequent years.
JLHA does not add charges for overhead items such as administrative copying or mileage in and around the city.
2.2. Not-to-Exceed Annual Cost
This project will be on a time and materials basis. We will provide consultant services not to exceed the budgetary amount without the City’s prior authorization.
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REQUEST FOR QUALIFICATIONS
ON-CALL NPDES/STORMWATER
ENGINEERING SERVICES
CITY OF SAN MARINO
OCTOBER 2, 2024
605 Third Street / Encinitas, CA 92024 / 760.942.5147
Contact for Clarification:
Nicole Rieger, Project Manager
Phone: 760.479.4148 | Fax: 619.591.1399
Email: [email protected]
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Request for Qualifications— On-Call NPDES/Stormwater Engineering Services i Transmittal Letter
October 2, 2024
Amber Shah, Public Works Director
City of San Marino
2200 Huntington Drive
San Marino, California 91108
Subject: Request for Qualifications—On-Call NPDES/Stormwater Engineering Services Dear Amber Shah:
Providing the City of San Marino (City) with on-call National Pollution Discharge Elimination System (NPDES)/stormwater engineering services requires a skilled consultant team that has experience addressing the technical complexities and regulatory environment of this critical area of municipal infrastructure. Dudek has worked in the County of Los Angeles for more than 30 years and with our recent work with the City, we have a deep understanding of the City’s stormwater system. This knowledge and experience will allow us to ensure the City successfully complies with stormwater regulations, competes for available funding, and is prepared for future regulatory updates. Under the NPDES/stormwater services contract, Dudek will provide the City the following strengths:
Deep Bench of Stormwater Experts. Dudek has assembled a comprehensive project team to anticipate and address your needs for NPDES compliance and comprehensive stormwater services. We have the depth and breadth of staff to perform the Scope of Work as defined in Exhibit A and will help the City achieve your program goals while maintaining control costs.
Responsive and Available Team. The Dudek team specifically chosen for this contract, as shown in the organization chart below, has the availability and capacity to provide the requested services in a timely and efficient manner. We have included a wide range of team members with different specialties to accommodate the specifics of any task order request. Project Manager Nicole Rieger has relevant, local project management experience and will make this contract a top priority. In addition, Dudek offers the City a team of accessible, committed staff members who will apply critical thinking and a problem-solving mindset that will help advance the City’s stormwater program toward greater efficiency and resilience.
DUDEK CONTACTS
Contact Authorized for Contractual
Negotiation: Joseph Monaco
Title: President and CEO
Phone:
760.942.4157
Fax: 760.632.0164
Email: [email protected]
Contact for Clarification: Nicole Rieger
Title: Project Manager
Phone:
760.479.4148
Fax:
619.591.1399
Email: [email protected]
Corporate Office: 605 Third Street
Encinitas, California 92024
Local Office: 225 South Lake
Avenue, Suite 225-M210,
Pasadena,California 91101
Website: www.dudek.com
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Request for Qualifications—On-Call NPDES/Stormwater Engineering Services ii Dudek is structured legally as an 100% employee-owned S-Corporation. Dudek Managerial and Principals are listed below.
Joseph Monaco | President and CEO
Eric Wilson | Executive Vice President
Pete Campbell | Vice President
Helder Guimaraes | Chief Financial Officer; Treasurer
Michael McGrattan | Chief Information Officer
Amy M. Paul | General Counsel; Secretary
Danielle Voss | Vice President,
Human Resources; Assistant Secretary
We look forward to continuing our work with the City. If you have any questions regarding our qualifications, please contact Nicole Rieger at [email protected] or 760.479.4148.
Sincerely,
Joseph Monaco
Dudek President/CEO
Amy Paul
Dudek Secretary
Nicole Rieger
Project Manager
Joseph Monaco is authorized to sign on behalf of Dudek and obligate Dudek contractually.
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Request for Qualifications— On-Call NPDES/Stormwater Engineering Services iii PAGE 1331 of 1856 Request for Qualifications— On-Call NPDES/Stormwater Engineering Services iv Table of Contents
SECTIONS
Transmittal Letter.................................................................................................................................................................................i Section 1: Proposal Summary...........................................................................................................................................................1 Section 2: Financial Information....................................................................................................................................................26 Section 3: Response Forms............................................................................................................................................................28 Section 4: Discretionary Supplemental Materials.......................................................................................................................29 TABLE
1 Required Firm Information..................................................................................................................................................9
FIGURES
1 Dudek Team Organization ...............................................................................................................................................21 2 Dudek Client Approach.....................................................................................................................................................22 3 Dudek Communication Structure...................................................................................................................................23 4 Dudek QA/QC Process......................................................................................................................................................24
APPENDIX
A Resumes
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Request for Qualifications— On-Call NPDES/Stormwater Engineering Services 1 Section 1: Proposal Summary
Executive Summary
DUDEK BACKGROUND AND QUALIFICATIONS
Dudek has grown from a civil engineering firm founded in 1980 to a full services engineering and environmental practice with over 30 years’ experience in Los Angeles County. Our National Pollution Discharge Elimination System (NPDES)/stormwater services are founded on a collaborative, holistic approach that integrates watershed science, regulatory policy, civil engineering, community engagement, and funding expertise to help permittees like the City efficiently comply with regulations, leverage available funding, and prepare for the future.
Dudek has a broad understanding of the watershed-based planning and technical stormwater analysis, regulatory compliance, and financial planning requirements that are specific to the Los Angeles region.
Dudek’s local and regional project portfolio includes diverse stormwater and infrastructure-related planning, implementation, and assessment programs and capital improvement program (CIP) projects. Our diverse technical capabilities and applied experience present the City with an opportunity to leverage this diverse work experience in the region.
We specialize in municipal stormwater program planning and implementation by supporting strategic planning and asset management, jurisdictional program and document development, grant and funding consultation, stormwater engineering tasks, and best management practice (BMP) design and installation. We are currently assisting a number of municipal agencies statewide to develop and implement comprehensive stormwater programs to meet NPDES permit compliance goals.
Dudek understands the City is often faced with the difficult task of balancing program decisions within the context of public safety, environmental concerns, regulatory requirements, and budget constraints. Our experienced managers and technical experts pride themselves on developing project solutions that satisfy multiple competing needs through pragmatic prioritization and well-organized task management approaches. Our diverse team of engineers, scientists, and planners are trained to work across disciplines to identify efficiencies and optimization within our clients’ programs. The strengths detailed in the following sections are a result of Dudek’s cumulative experiences developing and managing stormwater compliance programs with a focus on the balance between regulatory compliance and effective solutions.
DUDEK SNAPSHOT
▪ Multidisciplinary engineering
and environmental services
▪ 900+ employees
▪ California corporation
focused on California
infrastructure
▪ Founded in 1980;
employee-owned
DUDEK SERVICES
▪ Environmental Analytical
Services Support Broad
Technical Requirements and
Regulatory Compliance Goals
▪ Stormwater, Groundwater,
and Natural Resources
Monitoring, Planning,
and Design
▪ Hydrology and Hydraulics
▪ Strategic Planning and
Regulatory Compliance
▪ Construction Management,
Monitoring, and Inspection
▪ Water Conservation/
Energy Planning
▪ CEQA/NEPA Compliance
▪ Agency Permitting
▪ Grant Applications and
Funding Administration
PAGE 1333 of 1856
Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 2
RELATIONSHIPS WITH LOCAL AGENCIES
Dudek has worked hard to build our reputation for superior and comprehensive environmental analysis, regulatory compliance, infrastructure design, and construction planning and implementation. Dudek has developed meaningful relationships with regional resource agency personnel at the City and surrounding municipalities and agencies, including the following:
▪ Los Angeles Regional Water Quality Control Board
▪ County of Los Angeles
▪ City of Pasadena
▪ Council for Watershed Health
▪ Army Corps of Engineers
▪ California Department of Fish and Wildlife
▪ U.S. Geological Survey
▪ U.S. Fish and Wildlife Service
▪ Caltrans
▪ California Department of Water Resources
WHY DUDEK IS BEST SUITED TO WORK WITH THE CITY OF SAN MARINO Dudek puts its clients first and will execute all task orders with care and responsibility, looking for ways to advance your goals for the stormwater system. We believe that every project and task is an important opportunity that can contribute to overall watershed health. We know the City has not been able to utilize available Safe, Clean Water funding and we believe we can assist in identifying and advancing innovative water quality improvement projects in the City. Our team members are empowered to think critically about the data we collect, the policies and regulations we interpret, the programs we implement, and the projects that we design. Our staff are problem solvers who have the ability to make decisions in a timely fashion to maintain forward momentum and advance program success.
Dudek is small enough for project managers to make nimble decisions, but large and diverse enough to quickly draw from our pool of technical resources. We are committed to working collaboratively with you from start to finish. Our in-house technical specialties cover various locally applicable environmental and engineering challenges. With more than 200 successful on-call municipal contracts, Dudek has built a reputation for providing supportive environmental, regulatory, engineering, and funding expertise, offering municipalities a cost-effective way to accomplish short- and long-term goals.
PROPOSED FIXED PRICE
For a task-by-task breakdown and total fixed proposal price, refer to the separately submitted Pricing Proposal, per the specifications in the Request for Qualifications (RFQ).
Respondent Qualifications and Experience
The Dudek team presented in this proposal has experience with NPDES Municipal Separate Storm Sewer System (MS4) permits, including specific requirements for the coastal watersheds of Los Angeles County. Our team includes degreed professionals in environmental science, geology, engineering, hydrogeology, hydrology, and biology.
Project Manager Nicole Rieger has a stormwater pollution prevention plan (SWPPP) developer license and 21 years’ experience providing management and support services for stormwater projects. Dudek staff has extensive experience working with the Los Angeles Regional Water Quality Control Board (RWQCB).
The team
presented in this
proposal will be
100% committed
to this contract
and up to
100% available.
PAGE 1334 of 1856
Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 3 Nicole Rieger has relevant, local project management experience and will make this contract a top priority. In addition, Dudek offers the City a team of accessible, committed staff members who are ready to begin work immediately. We have a flat internal structure, meaning that our deep bench of senior staff, skilled managers, technical experts, and practitioners are available to support Nicole Rieger.
The Dudek team specifically chosen for this contract has the availability and capacity to provide services on upcoming City projects. We have included a wide range of team members with different specialties to accommodate the specifics of any project. Program leads are featured below and include industry-leading experts in the areas of grant funding, interested party coordination, and NPDES compliance inspections, monitoring, training, and reporting.
Although Dudek has low employee turnover, should it be necessary, the project team personnel named in this proposal will not be substituted without the City’s written approval. Resumes with information specified in the RFQ follow below, and full-length resume qualifications are included in Appendix A.
PAGE 1335 of 1856
Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 4
RESUMES
Nicole Rieger, PE, QSD
PROJECT MANAGER
Nicole Rieger is a senior engineer with 21 years’ experience in civil engineering, specializing in floodplain, drainage, and stormwater quality design and analysis. Nicole 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 from preliminary and final design through construction. Years of Relevant Experience 21 Education
California Polytechnic State
University, San Luis Obispo
BS, Civil Engineering,
Certifications
California Professional Civil
Engineer (PE), CA No. 70782
(Expires: 6/30/2025)
Qualified SWPPP Developer,
No. 24471
Professional Affiliations
American Public Works
Association
American Society of Civil
Engineers
CASQA
Floodplain Managers
Association
Contact Information
2280 Historic Decatur Road,
Suite 200, San Diego,
California 92106 |
760.479.4148
State of Residence
California
Firms in the Past 10 Years
Dokken Engineering (2016)
Relevant Projects/Experience
▪ Stormwater System Condition Assessment | City of San Marino Served as the project manager for the project to address several key objectives. Performed a field reconnaissance and survey to model the existing stormwater system, including preparing a GIS database; planning, implementing, and analyzing a closed-circuit television (CCTV) inspection plan; reviewing the project to correct existing deficiencies; developing project costs and prioritizing recommended CIP projects; and identifying potential ongoing maintenance activities. (2019–2021)
▪ Municipal Waterways Maintenance Plan Support | City of San Diego Served as the lead engineer to support the City in the preparation of the environmental impact report (EIR) for the maintenance plan.
The project work included the preparation of the hydrologic and hydraulic assessments and associated report, the municipal waterways maintenance plan, and other California Environmental Quality Act (CEQA) and EIR-related documentation related to hydraulics. The hydraulic studies included Hydrologic Engineering Center River Analysis System (HEC-RAS) analysis for over 60 channels to determine the maximum extent of the maintenance required to restore each channel’s flood control function, while minimizing the impacts to sensitive environmental resources in the area. The project required multidisciplinary coordination efforts, as well, to balance flood control benefits with other environmental factors. (2019–2021)
▪ Recycled Water Expansion Project | City of Oceanside
Served as the drainage and stormwater lead in the preliminary site assessment and engineering design for proposed recycled water tanks located throughout the City. Because of the size of the tanks, the projects were required to meet the San Diego Municipal Separate Storm Sewer (MS4) permit stormwater quality
requirements, including hydromodification. (2016–2023)
PAGE 1336 of 1856
Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 5 Andrea Dransfield, QSP/QSD
NPDES TRAINING, INSPECTIONS, AND COMPLIANCE
Andrea Dransfield is a biologist with 13 years’ experience in biological surveys, water quality monitoring and reporting, habitat assessment, construction and compliance monitoring, habitat restoration, and GIS analysis. Additional experience includes industrial stormwater sampling, construction site SWPPPs, BMP monitoring and reporting for the Stormwater Multi-Application and Report Tracking System, and coordination of Municipal Separate Storm Sewer System (MS4) stormwater programs. Andrea has experience preparing scientific publications, biological technical reports and assessments, and restoration monitoring reports.
Relevant Projects/Experience
▪ City of Goleta MS4 Program | City of Goleta
Coordinating the City’s stormwater management program. This program protects water quality in accordance with RWQCB, pursuant to NPDES requirements. Assisting the City in meeting MS4 requirements, adopting the Santa Barbara County Stormwater Technical Guide for Low Impact Development, and implementing the City’s Stormwater Management Plan. This involves water quality sampling, dry-weather sampling of outfalls, pollution prevention and facilities maintenance, illicit discharge detection and elimination, and community education and outreach. Regarding construction projects, the MS4 requirements include construction plan reviews, providing contractor BMP training, BMP inspections, and final stormwater control measure inspections to ensure compliance. (2019–Ongoing)
▪ Kellogg Crossing Self-Storage| City of Goleta
Providing environmental compliance monitoring services for this self-storage project. Services include weekly monitoring and reporting regulatory compliance conditions. Andrea serves as a liaison between the City of Goleta, contractors, and relevant agencies to ensure projects are compliant with conditions of approval. (2022–2024)
▪ Caballero BESS | CSI Electric
Conducted weekly and quarterly SWPPP inspections using Dudek’s data collection and reporting tool, stormwater sampling to measure pH and turbidity, storm inspections, and Rain Event Action Plans (REAPs). Responsible for following SWPPP protocols and ensuring regulatory compliance, monitoring construction site stormwater BMP, producing inspection reports, and reviewing requirements with site managers. (2024–Ongoing)
Years of Relevant Experience
13 Education
San Francisco State
University MA, Geography,
Resource Use and
Environmental Planning
Brandon University
BSc, Environmental Science
and Zoology
Certifications
40-Hour HAZWOPER
ArcGIS, Marxan, and STATA
Qualified SWPPP
Developer/Practitioner
(QSD/QSP), No. 28740
Certified Professional in
Erosion and Sediment Control
(CPESC), No. 16143
Professional Affiliations
California Stormwater Quality
Association (CASQA)
Santa Barbara County
Association of MS4 Managers
(SBCAMM)
Contact Information
3760 State Street, Suite 101,
Santa Barbara, California
93105 | 805.308.8540
State of Residence
California
Firms in the Past 10 Years
BioReg Consulting
(2014–2016)
PAGE 1337 of 1856
Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 6 Vipul Joshi
SAFE, CLEAN WATER PROGRAM LEAD
Vipul Joshi leads Dudek’s statewide Watershed Sciences practice with 26 years’ industry experience. Vipul has supported clients with integrated water resource planning, design, permitting, and implementation by focusing on sustainable ecological management solutions designed to address current and future regulatory requirements. He has completed projects and programs ranging from small-scale infrastructure repairs to large-scale, citywide programs. He has worked closely with applicants to obtain and comply with grantfunding requirements, including under the State Revolving Fund and Water Infrastructure Finance and Innovation Act.
Relevant Projects/Experience
▪ Arroyo Seco Canyon | City of Pasadena Water and Power Dudek prepared an EIR for the replacement of a water diversion structure and design of multiple treatment basins within the Arroyo Seco in Pasadena. Vipul assisted in the coordination and completion of regulatory permits, including addressing migratory steelhead, with the Los Angeles RWQCB, U.S. Army Corps of Engineers, California Department of Fish and Wildlife, and U.S. Fish and Wildlife Service. (2019–2022)
▪ Integrated Watershed Engineering Assessment | City of San Diego Served as stream restoration technical lead for multiple multidisciplinary watershed assessments to identify and rank potential stream restoration projects to serve an integrated CIP to address stormwater infrastructure deficiencies, meet stormwater regulatory requirements, and compete for grant funds. Led a team to develop desktop- and field-based assessment of San Diego Bay and Mission Bay watersheds that resulted in over 50 conceptual projects.
Also led development of a standardized scoring methodology that was applied Citywide. Each project was evaluated utilizing the standard scoring method; fact sheets and cost estimates were also prepared along with typical cross-section details. The resulting assessment positions the City of San Diego to implement strategic improvements to comply with current and future regulations and forecast budget needs. (2019–2023)
▪ Los Peñasquitos Lagoon Restoration | City of San Diego Served as Dudek’s project manager, lead biologist, and regulatory specialist for a 140-acre lagoon restoration project designed to address a sediment total maximum daily load (TMDL) issued by the San Diego RWQCB and funded by the State Revolving Fund and Water Innovation Financing Act. The project consists of construction of several sediment management features, storm drain improvements, new freshwater conveyance channels, and reestablishment of tidal wetland hydrology to support salt marsh habitat and rehabilitation of a substantially degraded riparian floodplain. Vipul led the biological and regulatory permitting services, including negotiation with regulatory agencies on TMDL, compensatory wetlands mitigation, 404(b)(1) analysis, endangered species take, and local conservation plan conformance. (2019–Ongoing)
Years of Relevant
Experience
26 Education
University of California,
San Diego
BS, Evolution, Behavior,
and Ecology
Professional Affiliations
California Native Plant
Society Ecological Society
of America U.S. Green
Building Council
Contact Information
2280 Historic Decatur Road,
Suite 200, San Diego,
California 92106|
760.479.4284
State of Residence
California
Firms in the Past 10 Years
Dudek
PAGE 1338 of 1856
Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 7 Shannon Brown, PE
TRASH TMDL AND PROGRAM COMPLIANCE
Shannon Brown is a civil engineer with 15 years’ experience as a consultant specializing in stormwater, water, and sewer management and infrastructure design projects. He is experienced in a broad range of disciplines, including stormwater, water, and sewer master planning, regulatory permit compliance, preparation of design drawings and specifications, hydrology and hydraulics modeling, and
geospatial analysis.
Relevant Projects/Experience
▪ Municipal Waterways Maintenance Plan | City of San Diego Served as project engineer. The plan supports the findings of a programmatic environmental impact statement for maintenance of more than 60 earthen and concrete-lined channels throughout the City. Project work included preparation of hydrologic and hydraulic assessments, associated technical reporting, and planning and construction-level channel maintenance plans. The hydraulic studies included HEC-RAS analysis to determine the extent of maintenance required to restore each channel’s flood control function while minimizing the impacts to sensitive environmental resources in the area. (2019–2021)
▪ Small Municipal Separate Storm Sewer System Permit Compliance Program (SMSSSP) | City of Goleta
Served as technical reviewer and project engineer. Dudek has played a key role in redeveloping Goleta’s Phase II stormwater program to ensure all municipal operations and new development requirements meet or exceed the SMSSSP provisions. Dudek developed a list of action items designed to address stormwater program needs based on each item’s relative threat to water quality, operational feasibility, and budget. Ongoing program support activities include preparation of technical reports and analyses, development of stormwater training materials and jurisdictional program procedures, regulatory audit preparation, drafting and issuance of notice of violations, illicit connection/ discharge investigations, stormwater plan review, SWPPP development, and post-construction BMP inspection.
(2022–Ongoing)
▪ Saratoga Creek Restoration Project: Hydrology and Hydraulics Analysis and SWPPP | Santa Clara Valley Water District
Served as project engineer. This project involved revegetation of a half-mile of stream bank after hazard tree removal activities.
Shannon developed a HEC-RAS model of the project area to assess potential impacts to bank stability following tree removal and restoration. Following the design phase, he assisted in the development of a multiyear SWPPP for the restoration construction activities.(2018–2022)
Years of Relevant Experience
15 Education
California State University,
Fullerton; MS,
Environmental Engineering
University of California,
Davis BS, Environmental
and Resource Science
Certifications
Professional Civil Engineer
(PE), California No. 92771
(Expires 12/31/2025)
OSHA 30-Hour
Construction Safety
Qualified SWPPP Developer
Contact Information
605 Third Street, Encinitas,
California 92024 |
760.479.4869
State of Residence
California
Firms in the Past 10 Years
Cardno (2011-–2018)
PAGE 1339 of 1856
Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 8 Jane Gray
GRANT FUNDING
Jane Gray is a regional planner, environmental specialist with 27 years’ project management and environmental planning experience, specializing in water/wastewater planning and permitting, policy analysis, land use planning, project development and entitlement services, and grant writing and management. Jane Gray has a diverse and nuanced planning background, having worked as a project manager, analyst, and environmental planner for nongovernmental entities, public agencies, and private firms and corporations throughout California.
Relevant Projects/Experience
▪ Underrepresented Communities, California Tribes, and Small Farmers Groundwater Technical Assistance (URCTA) Program | California Department of Water Resources (DWR)
Leading and managing the development and implementation of the URCTA Program with DWR, including statewide, multilingual communication, outreach, and engagement to community-based organizations/community-based partners, Groundwater
Sustainability Agencies, Resource Conservation Districts, cities, counties, URCs, tribal governments, and others. Completing needs assessments for URCs, California tribes, and small farmers in Sustainable Groundwater Management Act-regulated basins, conducting site visits, coordinating with project partners, providing direct technical assistance to eligible URCs, California tribes, and small farmers. Created bilingual K–12 water literacy educational materials for all 10 hydrological regions in the state. Created an accessible mapping application and heat maps associated with the program. (2022–Ongoing)
▪ Creek and Watershed Management Plan (CWMP) and Program | City of Goleta
Provided community engagement during the preparation of the CWMP and since adoption of the CWMP in 2020, has been leading the technical advisory committee (TAC) and supporting implementation of projects associated with the plan for the implementation of projects.
This includes support of public meetings and workshops, TAC meetings, and other community outreach events and forums, such as Creek Week, The Lemon Festival, State of the City, and other events.
Work includes StoryMap development coordination of languageappropriate support services, generation of meeting, event, and workshop materials, meeting minutes, agenda, and presentations, tabling, and coordinating with partners on projects. (2018–Present) ▪ MS4 Program Support and Implementation | City of Goleta Managing staff at Dudek who are coordinating the City’s stormwater management program. This program protects water quality in accordance with the RWQCB, pursuant to NPDES requirements.
Assisting the City in meeting MS4 requirements, adopting the Santa Barbara County Stormwater Technical Guide for Low Impact Development, and implementing the City’s Stormwater Management Plan. This involves water quality sampling, dry-weather sampling of
Years of Relevant Experience
27 Education
Universität Dortmund,
Germany
MS, Regional Planning and
Management
State University of New York,
BS, Social Work
Professional Affiliations
Chair, Central Coast Regional
Water Quality Control Board
Santa Barbara
County Agricultural
Advisory Committee
2nd District
Supervisorial Appointee
Contact Information
3760 State Street, Suite 101
,Santa Barbara, California
93105 | 805.308.8531
State of Residence
California
Firms in the Past 10 Years
Dudek (2006)
PAGE 1340 of 1856
Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 9 outfalls, pollution prevention and facilities maintenance, illicit discharge detection and elimination, and community education and outreach. Regarding construction projects, the MS4 requirements include construction plan reviews, providing contractor BMP training, BMP inspections, and final stormwater control measure inspections to ensure compliance. (2017–Ongoing)
▪ Integrated Regional Water Management (IRWM) |
Santa Barbara County
Providing overall program management, meeting, and event coordination for the Santa Barbara County IRWM Program, working directing with the Regional Water Management Group to develop, fund, and implement watershedwide projects within the IRWM region. Conducting IRWM Plan updates and revisions as needed in addition to project funding support (grant applications) and grant administration. (2007–Present)
Table 1. Required Firm Information
Name of Proposed Firm Dudek
Legal Structure S-Corporation
Managerial Personnel Joseph Monaco | President and CEO
Eric Wilson | Executive Vice President
Pete Campbell | Vice President
Danielle Voss | Vice President, Human Resources; Assistant Secretary Helder Guimaraes | Chief Financial Officer; Treasurer
Michael McGrattan | Chief Information Officer
Amy M. Paul | General Counsel; Secretary
PAGE 1341 of 1856
Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 10 Dudek Expertise
NPDES Compliance and Reporting
Dudek has prepared and facilitated submission of required reports and progress updates pursuant to multiple NPDES programs, including the current Order for MS4 Discharges within coastal watersheds of Los Angeles County, the
Upper Los Angeles River Watershed Management
Program, the Coordinated Integrated Monitoring Program, and various TMDL requirements. Dudek’s team of
regulatory specialists ensures that accurate and consistent data and metrics are used to provide required reporting.
We work as an integrated team with various municipal
departments within the City to ensure proper NPDES
training and response. We have developed methods to
track the City’s responsibilities for MS4 stormwater runoff, as well as specific
industrial/commercial facility program requirements. We are adept at developing, implementing, and analyzing
programs, such as the 5-year Daily Generation Rate
compliance field study, and have worked with multiple
clients to develop cost-effective methods to ensure current compliance and help the City plan for future
regulatory updates.
Stormwater
Dudek has a talented team of hydrologists, engineers, and certified erosion and sediment control leads (CESCLs) to help you manage stormwater issues throughout the City at any stage, from planning and monitoring to specific project construction. We can also help with industrial stormwater permit compliance, flood control planning and design, and municipal stormwater master planning.
Our environmental and engineering professionals are adept at preparing stormwater permit documents and design plans. We are experienced with stormwater compliance and water quality facilities design. We help municipal and private clients navigate the construction and post-construction permit requirements with a focus on compliance and minimal maintenance costs.
Our stormwater experts integrate water quality and drainage design analysis into a single comprehensive model for both regional and local projects, and we tailor client-specific BMPs to targeted pollutant removal goals. Small projects can often be managed with a simple site survey, drainage path analysis, and implementation of standard BMPs.
Funding and Interested Party Coordination
Dudek understands funding and interested party coordination are integral parts of managing stormwater infrastructure in California. Our team is actively engaged in both the local interested party groups witin the Upper Los Angeles River watershed and in statewide and regional funding programs. We have supported numerous clients in their outreach and coordination efforts to develop program support and identify opportunities for
DUDEK MUNICIPAL STORMWATER
PROGRAM ASSISTANCE EXPERIENCE
MULTIDISCIPLINARY ENVIRONMENTAL
AND ENGINEERING SERVICES
▪ Extensive San Diego stormwater
program management expertise
▪ Trash Order planning and
implementation
▪ TMDL compliance planning and
regulatory assistance
▪ Water quality monitoring, analysis,
and interpretation
▪ NPDES permit renewal strategy
and negotiation
▪ Integrated MS4 database and
infrastructure asset GIS support
PAGE 1342 of 1856
Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 11 partnerships. Our team supports underrepresented communities statewide and assists in identifying grant opportunities, scoping competitive projects, and developing technically competent grant applications for the successful award of monies. We are well versed in the various grant programs at the state and federal level, and we work with our clients to strategize in advance of the release of grant solicitations so that projects are ready and competitive. We also work with jurisdictions to be responsive and competitive regarding unexpected grant opportunities. We support our clients in the management of grants, which is important to build a solid and successful record of accomplishment, implementation, and responsible grant administration.
Project Staff Experience
The Dudek team assigned to this program brings with them experience in municipal program development, implementation, and assessment. They will assist your staff in balancing the often-times differing needs of compliance requirements and budget realities. Our technical experts understand the importance of integrating water quality improvement efforts, NPDES permit compliance, trash management, flood risk reduction, and operations and maintenance activities with overall department cost-effectiveness goals. Dudek’s experience serving as a trusted advisor to local and regional municipal agencies presents the City with access to diverse perspectives and lessons learned that lead to efficient planning efforts and practical solutions. Importantly, we understand the need to communicate our technical work in clear, concise reporting formats to effectively convey project goals and results to diverse interested parties within San Marino and the surrounding communities. Our team’s collaborative, multidisciplinary, water-resource-based applied technical approach will provide financial, operational efficiency, and community outreach benefits to the City and its stormwater program.
Our team comprises highly educated and credentialed scientists and engineers who reflect the full breadth of services required under this contract. Team members include professional engineers, master’s level scientists, certified professionals in planning and erosion and sediment control; Professional Geologists; and SWPPP developers. Below is a representative list of projects highlighting our team’s capabilities on similar projects and programs.
Recent Relevant Project Experience
STORMWATER SYSTEM CONDITION ASSESSMENT AND MASTER PLAN, CITY OF SAN MARINO Client: City of San Marino
Contact: Michael Throne, Director of Public Works at the City of La Mesa; 8130 Allison Avenue, La Mesa California 91942;
[email protected]; 626.300.0718
Key Personnel: Nicole Rieger, Shannon Brown
Licensed Engineers/Architects: Nicole Rieger, Shannon Brown Contract Amount: $150,000
Period of Performance: 2019–2021
Relevant Services Performed: Storm drain condition assessment Project Description: Dudek prepared a stormwater system condition assessment (SSCA) to assess the condition of the current storm drain system and review the ability of the system to meet future drainage conditions. 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 developing projects to correct those deficiencies and accommodate future development. A CIP was created that considers prioritization, as well as costs and funding, and provided recommendations for stormwater PAGE 1343 of 1856
Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 12 management policies. The final SSCA will serve 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.
Description of how experience qualifies team to accomplish proposed project roles: Dudek stormwater engineers gained a comprehensive understanding of the City’s drainage systems through field investigation and CCTV video review. The Dudek team will leverage this knowledge to help implement and guide the City’s MS4 program, including identifying specific projects that can utilize available water quality improvement funding.
SIERRA MADRE MEDIAN RETROFIT
Client: City of Pasadena
Reference: Dawn Petschauer, Project Manager; 100 N.
Garfield Avenue, Room N023, Pasadena, California
91101; [email protected]; 626.744.3929
Key Personnel: Nicole Rieger, Shannon Heffernan |
Licensed Engineers/Architects: Nicole Rieger
Contract Amount: $501,700
Period of Performance: 2024–Ongoing
Relevant Services Performed: Stormwater drain
assessments, pump station considerations, water quality improvement considerations.
Project Description: Dudek is in the process of developing design plans for the Sierra Madre Boulevard Median Enhancement site within the City of Pasadena and Rio Hondo watershed. Both regional and low-impact development best management practices, specifically dry wells and bioretention facilities, are proposed in the Sierra Madre Boulevard medians to treat the diverted flows and surface street flows, respectively, to improve downstream water quality. Dudek is working to develop creative solutions that ensure the technical feasibility of the project and positioning the design for future construction grant funding with the Safe, Clean Water Program with a clear demonstration of effectiveness and constructability. The project will also outline the landscaping concept design for the medians, including preserving existing trees where feasible, incorporating native and drought tolerant species, and increasing the tree canopy. Several technical designs will be assessed, including stormwater diversion locations, pump station considerations, and landscape planting palette. Additionally, Dudek is organizing community outreach utilizing surveys, a native plant booklet designed in-house, and other brochuretype deliverables.
Description of how experience qualifies team to accomplish proposed project roles: Dudek has experience working with multiple parties and agencies to develop a multifaceted design, ensure the technical feasibility of the project, and position the design for future construction grant funding with the Safe, Clean Water Program PAGE 1344 of 1856
Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 13
LACY PARK BOX CULVERT REPLACEMENT REPORT
Client: City of San Marino
Contact: Amber Shah, Public Works Director; 2200 Huntington Drive, San Marino, California 91108; [email protected]; 626.300.0700 Key Personnel: Nicole Rieger, Shannon Brown |
Licensed Engineers/Architects: Nicole Rieger, Shannon Brown Contract Amount: $237,880
Period of Performance: 2021–Ongoing
Relevant Services Performed: Storm drain evaluation and replacement, alternatives analysis, site evaluations, utility research Project Description: Lacy Park is a heavily used public space in the City of San Marino, California. An existing box culvert traverses a large section of Lacy Park from Virginia Rd on the east side to its connection to the downstream 54-foot reinforced concrete pipe storm drain east of the rose garden. The box culvert is in poor condition and required replacement. Dudek evaluated options to minimize construction impacts to the park and maintain access for park patrons. Dudek is also evaluating several alternatives to reroute the storm drain pipe away from the park to reduce the construction costs for a special design box culvert and the feasibility to implement an infiltration BMP in an existing parking lot. Project tasks include site evaluations, land surveying and mapping, geotechnical investigations, utility research, a robust alternatives analysis, and final design documents.
Description of how experience qualifies team to accomplish proposed project roles: Dudek has local experience working on storm drain projects.
CITY OF GOLETA MS4 SUPPORT SERVICES
Client: City of Goleta
Contact: Melissa Nelson, Environmental Services Manager; 130 Cremona Drive, Suite B, Goleta, California 93117;
[email protected]; 805.961.7565
Key Personnel: Nicole Rieger, Andrea Dransfield, Jane Gray, Shannon Brown, Maryse Suppiger
Licensed Engineers/Architects: Nicole Rieger, Shannon Brown Contract Amount: $600,880
Period of Performance: 2019–Ongoing
Relevant Services Performed: Municipal Stormwater NPDES program support
Project Description: Dudek is conducting professional MS4 permit compliance program support services in conjunction with the City’s Phase II Small General MS4 permit compliance program. Our team has provided services in the area of program management, oversight, technical/regulatory guidance, and program implementation. Dudek has developed, reviewed, implemented, and/or tracked the City’s public education and outreach, illicit discharge detection and elimination, construction site runoff control, pollution prevention for municipal operations, and post-construction stormwater management for new development and redevelopment.
Dudek also provided strategic programmatic support in the area of data management and innovation to streamlined compliance tracking and reporting.
Description of how experience qualifies team to accomplish proposed project roles: Dudek stormwater specialists have experience functioning as extension of staff to the City’s stormwater program, working within a municipal PAGE 1345 of 1856
Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 14 system to make incremental improvements to various systems and processes that allows the City to efficiently comply with current regulation and prepare proactively for future regulation.
TRASH AMENDMENT PLANNING SUPPORT, MONTEREY, CALIFORNIA
Client: City of Monterey
Contact: Steve Wittry, Public Works Director; 580 Pacific Street, Monterey, California 93940; [email protected]; 831.646.3920 Key Personnel: Shannon Brown |
Licensed Engineers/Architects: Shannon Brown
Contract Amount: $34,600
Period of Performance: 2018–2019
Relevant Services Performed: Stormwater NPDES program support Project Description: Dudek assisted in the preparation of the City of Monterey’s Track 2 Implementation Plan in accordance with the Amendment to the Water Quality Control Plan for the Ocean Waters of California and Part 1 Trash Provisions of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California (Trash Amendments). We continue to coordinate with City staff and provide technical support for development of internal planning documents detailing implementation schedule, costs, and other information that is pertinent to City planning, engineering, and operations staff.
Description of how experience qualifies team to accomplish proposed project roles: The project team gained relevant experience in the developing a municipal stormwater trash control implementation program that meets regulatory standards and leverages existing City practices to the maximum extent.
AS-NEEDED ENGINEERING AND ENVIRONMENTAL SERVICES, SAN DIEGO, CALIFORNIA Client: City of San Diego, Stormwater Department
Contact: David Wells, Senior Contracts Manager; 9370 Chesapeake Drive, Suite 100, San Diego, California 92123; [email protected]; 858.541.4339
Key Personnel: Vipul Joshi, Nicole Rieger, Shannon Brown | Licensed Engineers/Architects: Nicole Rieger, Shannon Brown Contract Amount: $7,500,000
Period of Performance: 2012–Ongoing
Relevant Services Performed: Provided as-needed stormwater engineering and consulting services
Project Description: Dudek has served the City of San Diego Stormwater Department under multiple as-needed services contracts with a broad scope of work that includes BMP development and engineering, stormwater infrastructure asset management services, environmental assessment and permitting, stormwater monitoring, strategic planning, and program management. Project work under this contract includes stormwater pilot study experimental design and implementation, stormwater monitoring, asset technical report preparation and interpretation, grant-funding proposal preparation, regulatory agency coordination and negotiation, and support of TMDL development and compliance efforts.
Description of how experience qualifies team to accomplish proposed project roles: Dudek stormwater specialists gained experience in the development, assessment, and implementation of municipal stormwater quality and regulatory compliance projects.
PAGE 1346 of 1856
Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 15
STORM WATER MANAGEMENT PROGRAM ADMINISTRATION, CARPINTERIA, CALIFORNIA Client: City of Carpinteria
Contact: Charlie Ebeling, Public Works Director, City of Ventura; 501 Poli Street, Ventura, California 93001;
[email protected]; 805.654.7808
Key Personnel: Jane Gray |
Licensed Engineers/Architects: N/A
Contract Amount: $34,750
Period of Performance: 2009–2010
Relevant Services Performed: Worked to implement elements of a Stormwater Management Program (SWMP)
Project Description: The City of Carpinteria contracted with Dudek as extension of staff to assist in the initial implementation for various elements of the City's SWMP. The work includes responding to comments on the SWMP by RWQCB, local non-government organizations (NGOs), and the public; meetings with the RWQCB and chairing public workshops/hearings until the end of the public comment period; and responding to comments and implementing required revisions to the SWMP from the RWQCB.
Description of how experience qualifies team to accomplish proposed project roles: Dudek assisted the City in developing and posting a SWMP and corresponding website for the City and other interested parties to access all the compiled documents associated with the development of the SWMP, and to develop and implement the City's public information program for the project.
SANITARY SEWER SPILL MONITORING PROGRAM, CITY OF PASADENA Client: City of Pasadena
Contact: Christina Monde, Project Manager; 100 N. Garfield Avenue, Room N023, Pasadena, California 91101;
[email protected]; 626.744.7311
Key Personnel: Shannon Brown | Licensed Engineers/Architects: Shannon Brown Contract Amount: $38,000
Period of Performance: 2024–Ongoing
Relevant Services Performed: Compliance with Waste Discharge Requirements for NPDES permit
Project Description: Dudek is preparing a Sanitary Sewer System Spill Water Quality Monitoring Plan that identifies the location, procedure, and reporting requirements for collecting water quality samples in the receiving water in the unlikely event there is a spill. The final plan will be used by the City’s Public Works Staff as a reference document as well as procedures for what to do during a spill. The plan’s content is based on requirements of the Statewide Waste Discharge Requirements General Order for Sanitary Sewer Systems Order WQ 2022-0103-DWQ (WDR) adopted by the State Water Resources Control Board (SWRCB) on December 6, 2022.
Description of how experience qualifies team to accomplish proposed project roles: The experience being gained in waste discharge regulatory compliance extends to the requirements of the MS4 permit for municipalities.
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Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 16 Client References
STORMWATER SYSTEM CONDITION ASSESSMENT
Contact: Michael Throne, Director of Public Works, City of La Mesa; 8130 Allison Avenue, La Mesa California 91942;
[email protected]; 626.300.0718
Key Personnel: Nicole Rieger, Shannon Brown
Licensed Engineers/Architects: Nicole Rieger, Shannon Brown Dates: 2019–2021
Relevant Services Performed:
▪ Stormwater System Condition Assessment and Review
▪ Analysis of future drainage conditions
▪ GIS layer from multiple sour ces
▪ Development of a CIP
▪ Provided recommendations for stormwater management policies to address future aging, capacity, and regulatory issues.
ON-CALL PROFESSIONAL SERVICES AGREEMENT
Contact: City of Pasadena; Christina Monde, Project Manager; 100 N. Garfield Avenue, Room N023, Pasadena, California 91101;
[email protected]; 626.744.7311
Key Personnel: Nicole Rieger, Shannon Heffernan, Shannon Brown Licensed Engineers/Architects: Nicole Rieger, Shannon Brown Dates: 2020–Ongoing
Relevant Services Performed:
▪ Sanitary Sewer System Spill Water Quality Monitoring Plan ▪ Compliance with Waste Discharge Requirements for NPDES permit ▪ Requirements of the MS4 permit for municipalities
▪ Water quality improvement considerations
▪ Future grant opportunities
STORMWATER AND WATERSHED MANAGEMENT SERVICES
Contact: City of Goleta; Melissa Nelson, Environmental Services Manager; 130 Cremona Drive, Suite B,
Goleta, California, 93117; [email protected]; 805.961.7565 Key Personnel: Nicole Rieger, Andrea Dransfield, Jane Gray, Shannon Brown, Maryse Suppiger
Licensed Engineers/Architects: Nicole Rieger, Shannon Brown Dates: 2019–Ongoing
Relevant Services Performed:
▪ Municipal Stormwater NPDES program support.
▪ MS4 permit compliance program support
▪ Management, oversight, technical/regulatory guidance, annual reporting, and program implementation
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Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 17 Subconsultants
Dudek does not foresee the need to utilize subconsultants on projects resulting from this contract.
Proposal
PROPOSED APPROACH
Dudek has an effective and proven approach to as-needed technical consulting task orders. Each task order request is carefully reviewed, assigned to appropriate staff, and a proposed is developed within 2 business days that is reviewed by Nicole Rieger and includes a comprehensive scope of work, schedule, and cost estimate that conforms with the contract fee schedule and restrictions. We manage projects to meet client and technical needs using sound science and engineering principles. Our team focuses on data quality, careful management of budget, and schedule milestones. The team assigned to each task is fully committed to the task, until complete.
All work is completed in close coordination with City staff with regular progress reports provided via email or a shared online platform (e.g., SharePoint). Progress reports include not only updates on past performance but also upcoming work and potential challenges, critical path issues, and important action items that must be resolved to successfully complete the task. These measures ensure that there are no surprises with regards to schedule, invoice charges, or deliverable content and quality. Our approach is founded on solid project management principals and well developed quality assurance/quality control (QA/QC) processes. Our focus on these central tenets to performing on-call program work has guided our expert technical project support for the past four decades.
A more detailed approach to specific scope of services is provided below:
Task 1: Safe, Clean Water Municipal Program Annual Plans and Annual Reports Dudek Safe, Clean Water (SCW) Program Manager Vipul Joshi will work with City staff to ensure that the City is fully engaged with and can successfully leverage the SCW program funds and technical support to implement projects and programs within the City. We will provide local staff to attend SCW watershed coordination meetings, interface with the watershed coordinators, and review program updates and requirements. We will work with you to understand the current status of any SCW-funded projects and assist in the preparation, review, and submittal of required SCW plans and reports. At the City’s request, we can identify and/or evaluate potential projects that would be eliglble for funding and/or technical assistance through the SCW program. Dudek will apply an integrated approach to these project assessments, ensuring that as many objectives as can be met through a single project (e.g., flood control, water quality, habiat restoration, and community benefit) are identified. These multiple objectives will help qualify projects not only for the SCW program, but potentially other grant funds (see Task 9).
Task 2: Annual Reports to Regulatory Agencies
Dudek will assist the City with preparation of annual reports to various regulatory agencies to ensure compliance with the MS4 permit. Dudek will utilize any templates and/or tracking software that the City has developed to streamline tracking and reporting. Dudek will well versed with various municipal GIS and other tracking software and can advise the City on ways to enhance and improve tracking of education, outreach, street sweeping, catch basin cleaning, industrial/commerical inspections, illicit discharges, and special studies. Dudek applies state-ofthe-art science to evaluate and interpret data in the context of current and potential future regulations. This approach ensures that the City can maintain compliance in a cost-effective manner that makes efficient use of limited municipal funds.
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Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 18 Task 3: Representing the City at Meetings Engagement
Dudek is prepared to represent the City at interested party meetings. Our approach starts with early coordination with City staff to understand past engagement with these entities, current status of the relevant City’s projects and programs, and anticipated key issues or concerns. Interested party engagement sets the framework for the City to leverage regional work products and planning efforts to assist in the development of City-specific implementation and planning efforts. Moving forward, key decisions with potential impacts to the City’s trash compliance approach and regional MS4 permit reissuance topics will be dependent on outcomes, collaborative use, and perceived RWQCB acceptance of regional work products. Our team utilizes this engagement to assess benefits and constraints for various planning and implementation options and then synthesize lessons learned to meet our client needs. Our collaborative experience and working relationships with regional partner agencies and nonprofits and their consultant teams will provide a direct benefit to the City in our ability to synthesize regional work into a City-specific compliance approach that meets multiple planning, operations and funding objectives.
Dudek staff will provide written updates within 2 business days of each meeting and maintain an active, up-todate inventory of meeting agenda, presentation materials, notes, and action items that would be available to City staff through an online shared platform (e.g., SharePoint).
Task 4: NPDES Training
Upon request, Dudek would develop NPDES training for City staff to ensure compliance and efficiently integrate the program with overall municipal services. Dudek staff will review any past training materials that are retained by the City and develop agreed-upon parameters for all training, including learning objectives, regulatory requirements, audience characteristics, format, length, location, and overall style. Dudek will develop draft training materials and a training agenda/outline for City review at least 2 weeks prior to the training. These materials will be prepared by our stormwater compliance experts working with our learning and development manager, who is a trained educator. The training materials will include visual aids and graphics and real-world examples from the local area to enhance learning and ensure relevancy. Quick reference guides and online tools can be made available for easy access following the training. Dudek staff will be also be available to address follow-up questions or other implementation challenges. If Dudek is tasked with preparing follow-up training, then lessons learned will be incorporated to ensure a continually improving training system is implemented.
Task 5: Inspections of Commercial Facilities
Dudek will develop an inspection protocol, confirm inspection locations, and review data collection, QA/QC procedures, and data delivery methods with the City project manager prior to conducting inspections. Dudek’s industrial/commerical facility inspectors are trained on stormwater regulations, water quality data collection protocols, and safety requirements, and they utilize a Esri GIS mobile data inventory platform to collect and record data. This allows project management and City staff to review data in real time and, if necesary, communicate with the inspector to modify data collection techniques. This methodology minimizes the potential that reinspections would need to occur upon final review of the data. All inspections are completed in a professional manner with clear communication to on-site facility workers; all inspectors will have proper identification, will provide the appropriate City staff contact upon request, and will follow safety protocols. Inspections are an opportunity for business owner education and inspectors will be equipped to provide information to owners and operators and identify target locations for additional outreach. Following data collection, Dudek will implement a thorough audit following agreed-upon QA/QC procedures. With the mobile data inventory collection system, compilation and reporting of data is highly streamlined. Dudek reports provide inspection data in an accessible and easy-to-understand format, with key findings and recommendations clearly articulated for City staff to communicate with management, if required.
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Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 19 Task 6: 5-Year Daily Generation Rate Compliance Field Study The Dudek team will work collaboratively with City staff to implement the 5-year Daily Generation Rate (DGR) trash compliance study in conformance with Los Angeles River Watershed Trash TMDL. Dudek has assisted various municipalities with trash monitoring and trash control methods to ensure compliance with current and future trash control regulation. We will apply these broad lessons and approaches to assist the City in evaluating potential trash monitoring methods for the DGR study, such as street sweeping, manual pickup, or other methods commonly used in the region.
Dudek will work with the City to create a DGR field study that is easily repeatable and produces a result that can be efficiently quantified in a compliance report for the Regional Board. It is anticipated that planning for the DGR will consist of defining a study drainage area, locating associated storm drain inlets to be blocked during the study, and an appropriate trash collection method based on expected trash loading and logistical feasibility. Part of the processes will be to develop a centralized database for storing DGR results after each annual field study for efficient Regional Board reporting and potential audits.
Task 7: Program Compliance and Recommend Actions
Dudek is especially adept with ensuring our municipal clients are not only compliant with current regulations but are proactively prepared to evaluate and implement recommended actions to ensure cost-effective compliance under future regulations. A number of water quality and multidisciplinary environmental protection regulatory elements converge within the City’s jurisdiction. Multiple agencies, including the City and other interested parties, manage urban runoff, habitat, and water quality improvement activities. In addition, regulatory requirements, such as watershed management plans and statewide Trash Amendments, provide significant potential operational, budgetary, and compliance challenges for the City. Accordingly, the development and implementation of effective watershed-based analytical approaches to restore and maintain the health of surface waters and manage natural resources is predicated on City staff and management concurrence on compliance strategies and jurisdictional program reporting requirements. These strategies and reporting efforts require consideration of scientific data, operational capacity, cost, and regulatory policy implications related to oftentimes multiple regulatory requirements. The Dudek team approach to program regulatory compliance combines multidisciplinary technical expertise and regulatory compliance experience that will benefit City staff in implementing environmental projects in and around City jurisdiction. Further, our team has demonstrated experience presenting technical information to a wide range of agencies, organizations, and individuals that have allowed complex technical details to be understood by nontechnical interested parties.
The Dudek team’s practical knowledge and applied experience with local regulations, policies, City activities, and local interested party processes allows us to provide a comprehensive and science-based holistic perspective to evaluate directly and indirectly applicable regulatory documents in support of the City. Our team’s comprehensive understanding of the City’s responsibilities in complying with multiple regulatory requirements, including the Regional MS4 Permit, TMDLs, and industrial and construction general stormwater permits, provides the experience to successfully manage stormwater program elements from idea to implementation and monitoring.
Task 8: Identify Potential Stormwater Quality Improvement Projects Dudek’s stormwater engineers have completed a comprehensive condition assessment of the City storm drain system and are uniquely suited to identifing appropriate potential stormwater quality improvement projects. We are currently working on the Lacy Park Box Culvert Replacement and have demonstated knowledge with designing improvements that meet multiple City objectives, including water quality improvement. Dudek approaches Citywide evaluations for potential projects from a holistic perspective, evaluating not just infrastructure PAGE 1351 of 1856
Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 20 deficiences, but the interplay of dissadvantaged community investment, habitat restoration, water quality protection, and flood risk reduction. Dudek’s broad range of in-house technical experts provides the ability to conduct comprehensive evaluations of opportunities that lead to the identification of projects that can successfully address multiple City goals in a cost-effective manner. Dudek may complete a comprehensive Citywide study utilizing a combination of GIS and field studies, with a systematic selection of potential projects, comprehensive summaries of the relevant details of those project (e.g., engineering feasibility, potential water quality improvement, regulatory context, and costs), and a prioritized ranking that allows the City to complete longrange budget planning and positions the City to adapt to funding opportunities. Dudek may also complete site-specific assessments to evaluate existing or future CIPs in terms of potential water quality improvements. For these types of tasks, we would coordinate with City staff (and/or consultants) with information regarding the project, develop options for integrated water quality improvements, and prepare technical memoranda to facilitate project evaluation and communicate with City management.
Task 9: Identify Grant-Funding Opportunities
Dudek has a 94% grant award success rate and has prepared and submitted grant applications for various clients throughout California, including municipalities; NGOs; water, wastewater, and community service districts; and agencies. Dudek maintains a high rate of successful grant awards because we are selective and work with our clients to position projects well for funding. Dudek has an organized, responsive, and nimble approach to identifying, writing, and securing grant funding and over the past 5 years, has obtained over $138 million in grant and loan monies for our clients. Moreover, our team is rooted in planning and development of nuanced, multibenefit projects that successfully knit together intricate project challenges and opportunities to yield positive results for ecosystems, communities, and agencies.
Dudek’s key priority before commencing a grant application is to determine whether there is a high correlation between the needs and benefits of the project vis-à-vis the grant requirements/guidelines and scoring rubric. If the team determines there is a good fit, Dudek will maximize the competitiveness of the project through work plans, budgets, and schedules that will be responsive to the funding solicitation. Dudek will attend any fundingagency-led workshops or events and, as necessary and appropriate, establish contact with the funding agency representative to discuss the project(s) and obtain insights, confirm deadlines, discuss project discriminators, establish funding priorities, and have any questions answered. Dudek will coordinate with the City to provide key takeaways and/or discuss any change in strategy. For each project that an application is prepared for, Dudek will generate a Request for Information (RFI) and a grant application tracking sheet. The RFI will outline the materials Dudek needs to generate a comprehensive, competitive application that satisfies the application requirements.
The tracking sheet is a tool to provide both accountability and structured deliverables. In the grant tracking sheet, Dudek will outline a timeline for each draft application package, including development and completion of sections, the draft, and final application; timelines for the City to review and comment on the draft and final application; and final grant submittal. Throughout development of a grant application, Dudek will also engage the services of our technical editors, who will verify that documents adhere to grant guidelines or requirements, such as font size and number of characters, words, or pages; have correct citations, grammar, and spelling; and properly use abbreviations and numbers. They will also fact-check and add editorial polish. The technical editors will review substance with respect to internal consistency, characterization of the project, clarity and concision of responses to required questions, and appropriateness of content and structure.
Task 10: Assist with As-Needed NPDES or Stormwater-Related Tasks Dudek provides full-service engineering and environmental services and excels at providing as-needed services to local municipalities. We maintain a flat structure that allows our project managers to identify and deploy appropriate staff to meet any challenge or need. In addition to the extensive NPDES and stormwater services that PAGE 1352 of 1856
Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 21 are described above, we have local CEQA/NEPA practitioners, a dedicated Publications and graphic design staff, full service civil engineering, groundwater and hazardous materials experts, and local landscape architects and fire planners, just to name some of the key services we can provide. We have found that many municipalities benefit from our data management services, which leverage lessons learned from various database platforms to evaluate your current database for architecuture improvements or provide you with informed options for integrating a new platform or services.
PERFORMANCE CRITERIA
Team Organization
Dudek will provide seamless management between City staff and our team to complete tasks with an awareness of the City’s environmental and political sensitivities. Figure 1 presents our proposed project staffing and team organization.
We understand that the City is considering the Dudek team in its entirety; therefore, we will not make changes in team composition without prior consultation and written approval of the City.
Figure 1 outlines proposed lines of communication for this contract; brief biographies are provided on page 4 and focused resumes are provided in Appendix A.
Figure 1. Dudek Team Organization
Task Order Execution
The structure and flexibility of the Dudek team provide the ability to adapt resources and the execution approach to meet client needs throughout any task life cycle. The Dudek task order execution approach applies a common understanding of the goals and objectives to project-related decision-making. Critical aspects of the Dudek PAGE 1353 of 1856
Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 22 approach include identifying logistical, environmental, and regulatory factors; evaluating and communicating critical issues; and focusing on quality data collection, analysis, and reporting.
For each task order, a key component will be communication with and management of our specialty service provider team. Our project manager, Nicole Rieger, has extensive experience managing large multidisciplinary teams to execute diverse technical work aligned with a common project goal framework. Nicole Rieger’s demonstrated project management techniques, such as brief weekly project team update conference calls, real-time monitoring of project costs and quality metrics, and proactive communication and coordination with client project managers and staff, are keys to the delivery of quality, cost-effective technical services. Nicole Rieger will utilize these techniques as needed throughout the project life cycles.
Major Strengths of the Team
Diverse, Specialized, and Experienced Project Team
Dudek has assembled a diverse and expert suite of service providers to meet the City’s environmental analytical and regulatory compliance needs. Individually, our team has proven technical capability, responsive service, and data quality management expertise. Collectively, the Dudek team has recent experience collaboratively executing project work in the local environment and represents a panel of technical professionals with a wide range of skills to advise the City on how to effectively and efficiently execute stormwater compliance tasks. Combined with our funding professionals, we will help the City leverage available funding to implement discrete water quality improvement projects and improve water quality protection activities.
Potential Risks and Mitigations
Dudek has a practical and proven project approach to mitigating risks. We manage task orders to meet client and technical needs, using sound science and engineering principles, a focus on data quality, and careful management of budget and schedule milestones. Our approach to mitigating risks, such as budget overruns and schedule delays, is built from solid project management principals and well-developed QA/QC processes.
Project Management Approach
The primary aspects of Dudek’s client approach (Figure 2) to project management include communication, managing adherence to the scope, keeping the progression of work on schedule, cost controls, collaboration, and predicting and avoiding risk. In addition, Dudek prides itself on integrating a fundamental focus on high-quality work, optimized resource allocation, change management, and maintaining focus toward meeting our client and project goals and objectives.
The following sections describe the Dudek project management approach to execute these elements and our philosophy and tools to deliver a successful project. Our approach focuses on four main components:
▪ Task order planning
▪ Communication
Figure 2. Dudek Client Approach
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Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 23 ▪ Task order control
▪ Quality control
During the execution of any scope of work, the Dudek team applies an adaptive management approach to adjust the level of detail or utilization of specific project management techniques and tools necessary to ensure successful project delivery.
Task Order Planning
Planning is a critical step in the successful management of every project. Dudek project managers begin the planning stage during the development of the task order proposal and continue applying an adaptive approach throughout project execution. Planning considerations include:
▪ Clarifying the task requirements and confirming the project goals and outcomes ▪ Communication with the client, project interested parties, and service provider team ▪ Iteratively estimate and refine resource requirements, level of effort, and cost ▪ Monitor project budget and schedule
▪ Integrate quality standards at each project stage
The Dudek approach applies these planning concepts throughout the project life cycle. With Dudek's strong oversight and coordination, our team will focus on meeting the schedule and staying within budget.
Communication
The Dudek culture promotes proactive, open, and professional communication through all project stages. The adaptive nature of as-needed assignments is well suited to our flexible and comprehensive communication approach, including written, oral, graphic, and personal messaging techniques. The communications plan generally includes an interested party registry, communication schedule, and
issues/action/decision documentation maintenance. Additionally, Nicole Rieger tailors the communication approach for each task order based on the preferred means of communication for the client and project interested parties. Dudek used a single point-of-contact communication structure to suit client needs (Figure 3). As a rule, Dudek prepares detailed monthly progress reports that provide a written summary of project progress, upcoming work efforts, client needs, project changes, and scope/budget/schedule comments.
Task Order Controls
Dudek’s project managers monitor and control the project budget, schedule, and quality using a suite of tools from project inception to completion. Dudek project tools include real-time project budget management, online schedule management software, and internal/external interim and final data and reporting quality assurance/quality control (QA/QC) checks. As the project advances, our project manager communicates with the team regularly to evaluate project resource requirements, budget, and schedule.
Figure 3. Dudek
Communication Structure
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Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 24 Quality Control
The Dudek approach to project QA/QC applies technical knowledge and project familiarity with an integrated QC plan process. A QA/QC control plan may be prepared for each project or task based on project technical aspects, client requirements, and industry standards. Dudek then follows and updates, as appropriate, the following QA/QC plan components:
▪ Technical adequacy to meet project goals
▪ Client standards and procedures
▪ Deliverables such as data files, graphics, procedures, reports, and calculations ▪ Third-party analytical and data review, where appropriate ▪ Expert in-house detail check, review, and documentation ▪ Procedures for corrective action
Dudek designed our QA/QC processes to ensure the accuracy and consistency of submittals and deliverables. Our team’s highest priority is to protect client interests by delivering quality technical services. The Dudek team recognizes data QA/QC in environmental projects as a multifaceted, iterative process integrated within each project implementation stage. Our approach to data quality for this effort provides a means for the project team, data analysts, and City staff to validate, evaluate, analyze, and interpret the quality of monitoring data related to regulatory and other project drivers (Figure 4). The Dudek team’s comprehensive QA/QC process contains four interrelated components: Validation, Evaluation, Statistics, and Interpretation. Each stage of the process comprises independent QA/QC elements and is linked to the overall data interpretation process.
Each stage of the data QA/QC and interpretation process prompts the data reviewer to assess project data in an increasingly broad context. The process begins with a refined assessment of data collection and analysis procedures termed Validation. In the Validation step, the project team evaluates field monitoring compliance with the project monitoring plan, Quality Assurance Project Plan (QAPP) provisions, laboratory handling, and analytical QA/QC requirements. This step establishes the validity, representativeness, and usability of the collected data for the intended purpose.
Next, our QA/QC process enters the Evaluation stage, where project data is assessed for alignment with expected results. In this stage, the Dudek project team will utilize our multidisciplinary technical experts and experience in similar environmental monitoring programs within the City and region to evaluate project results.
Our process then moves to the Statistics stage, where appropriate and applicable statistical procedures are used to evaluate the dispersion and variability, outliers, presence of data gaps, and data confidence concerning the project goals and objectives. This portion of the QA/QC process is designed to allow sound, science-based, and statistically valid conclusions to be derived from appropriately validated and evaluated data.
Figure 4. Dudek uses an integrated QA/QC
process to evaluate environmental data from
project initiation to completion.
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Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 25 The final stage of our comprehensive QA/QC process is Interpretation. The Interpretation process integrates the Validation, Evaluation, and Statistical QA/QC components to assess project data against project objectives, applicable water and/or sediment quality objectives, and available data resources to meet regulatory and/or other project drivers.
The Dudek team will implement this Validation, Evaluation, Statistics, and Interpretation QA/QC process for the project work collected under this contract. Our integrated quality focus will benefit the City by providing reliable and quality-driven environmental services to meet regulatory and management decision needs.
Ability to Perform Work as Scheduled
Staff Availability and Continuity
Dudek offers the City a team of accessible, committed staff members ready to begin work immediately. Internally, Dudek hires and retains the most qualified engineers and environmental specialists. We take care of our professionals. As a result, we have low staff turnover and career longevity and can deliver a team that will stay with this project. Key team members Nicole Rieger, Jane Gray, Shannon Brown, and Vipul Joshi have worked together for over 6 years.
On-Time Delivery
Dudek has a reputation for consistently delivering projects on time and within budget. We rise to the challenges of meeting tight timelines and, in doing so, have developed expertise in critical path management, fast-track scheduling, efficient staffing, and workload management. We have achieved this record of on-time performance by consistently applying several fundamental strategies. These strategies include early identification of methodologies, determining existing issues, implementing an interactive process, and using consistently applied administrative systems. In addition, Nicole Rieger will provide regular status updates to the City identifying work completed, work underway, and any needs for project data or information.
Multiple Task Order Management
Dudek project managers follow similar project tracking, scheduling, and budgeting systems. In addition, by utilizing a standard file management system, flexible budget, and schedule tracking systems, our project managers can manage multiple task order and quickly pick up and support other project managers if the need arises. These integrated management systems allow Nicole Rieger, as contract manager to provide real-time updates regarding critical path items and budget utilization across all task orders.
Firm’s Claims Experience
Refer to Dudek’s Claims and Litigation History in Section 2 of this proposal on page 26.
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Request for Qualifications— On-Call NPDES/Stormwater Engineering Services 26 Section 2: Financial Information
Financial Statements
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 or legal issues that would impede our ability to provide the services sought by the City. In addition, Dudek has a strong, experienced, fiscally responsible management team, allowing the company to finance operations with internally generated funds.
Dudek’s financial statements for the most recently completed three fiscal years (2021- 2023) as requested in Section 10 of the RFQ are provided as a separate attachment and have been uploaded as a separate document in the “Proposal Without Cost” section. However, please note that Dudek considers this information to be confidential.
Fair and Reasonable Cost Information The Pricing Proposal has been uploaded as a separate attachment, as stated in the RFQ.
Dudek does not have any existing or past financial relationships with current members of the City Council, City staff, or entities for which said members are employed, or have an interest, both past and present. Dudek’s past and current contracts with the City include the following:
▪ City of San Marino Phase I ESA (2011)
▪ Wastewater Collection System Master Plan (2019)
▪ Chelsea Road Storm Damage (2022)
▪ FY 24–25 CIP Budget for Stormwater System (2024)
▪ Spill Emergency Response Plan (SERP) Update (Ongoing) ▪ Lacy Park Box Culvert Replacement (Ongoing)
▪ Lift Station Improvement Program, Project No. 21-8022 (Ongoing) Claims and Litigation History
Dudek Summary of Legal Claims in Last 5 Years Involving Professional Consulting Services:
Elsinore Valley Municipal Water District v. Water Works Engineers LLC, et al.
On November 12, 2021, Elsinore Valley Municipal Water District (the “District”) filed a civil complaint against Water Works Engineers LLC (WWE) in California Superior Court, County of Riverside, for alleged design defects in a water reclamation facility. The District filed a first amended complaint against WWE on September 26, 2022, for breach of contract and professional negligence. WWE subsequently cross-claimed against the construction firm as well as Dudek (and other firms) for its role as construction manager. Dudek was not involved in the design of the project and denied any liability. This matter was dismissed in 2024.
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Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 27 Letter from Insurance Broker
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Request for Qualifications— On-Call NPDES/Stormwater Engineering Services 28 Section 3: Response Forms
Acceptance of Form of Professional Services Agreement,
including any proposed modifications
As submitted on the submission platform, OpenGov, per the requirements in the RFQ, Dudek has attached proposed modifications to the Professional Services Agreement to our RFQ/RFP Response. The proposed modifications are listed in Section 4 on pages 29-30.
Proposal Authorization
As submitted on the submission platform, OpenGov, per the requirements in the RFQ, Dudek is a Respondent to the Request for Qualifications/Request for Proposals of City for Request for Qualifications—On-Call NPDES/Stormwater Engineering Services (“RFQ/RFP”) and possesses the legal authority to submit this Proposal.
Dudek is authorized to conduct all negotiations for and legally bind the respondent in all matters relating to this proposal submittal.
Dudek has reviewed, understands, is able to comply with, and agrees to be bound by the General Conditions Governing this RFP.
Dudek grants the City a right to conduct reference checks and reasonable investigation of all information provided by Respondent.
Dudek certifies that this proposal is irrevocable until 120 days after its submission date.
Dudek confirms that we have read and can satisfy all insurance requirements specified in this RFQ/RFP.
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Request for Qualifications— On-Call NPDES/Stormwater Engineering Services 29 Section 4: Discretionary
Supplemental Materials
Explanation of discretional supplementary materials
Dudek has not included any additional discretional supplementary materials in this proposal.
Any desired materials
Dudek has not included any additional desired materials in this proposal.
Modifications to Professional Services Agreement
Dudek respectfully would like to propose the following exceptions in red to the City’s Professional Services Agreement:
Section 6.0 Reports, Information, and Work Product
6.3.: 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.. Consultant shall not be liable for any reuse of the Work Product beyond the original purpose of this Agreement or modification of its Work Product.
Section 12.0 Insurance
12.1: 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.
12.6: Proof of insurance. Consultant shall provide certificates of insurance and required endorsements to Agency as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Agency for the contract period and any additional length of time required thereafter.
Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
12.11 Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement, except for Professional Liability, shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of its subconsultants.
PAGE 1361 of 1856
Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 30 Indemnification, Hold Harmless, and Duty to Defend.
12.23 To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless Agency and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs, and expenses, including reasonable attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by Agency in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury, or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a neutral third-party to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the Agency.
12.24 Notwithstanding the foregoing and without diminishing any rights of Agency under Indemnification and Defense for Professional Services, for any liability, claim, demand, allegation against Agency arising out of, related to, or pertaining to any negligent act or omission of Consultant, but which is not a design professional service, Consultant shall defend, indemnify, and hold harmless Agency, its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney’s fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the Agency, except for the sole or active negligence of, or willful misconduct of the Agency. Notwithstanding the foregoing, with respect to any professional liability claim or lawsuit, this indemnity does not include providing the primary defense of Indemnitees, provided, however, Consultant shall be responsible for Indemnitee’s defense costs to the extent such costs are incurred as a result of Consultant’s negligence, recklessness or willful misconduct.
24.0 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 reasonable attorneys’ fees and other costs incurred in connection therewith.
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Appendix A
Resumes
PAGE 1363 of 1856
1 Nicole Rieger, PE, QSD
PROJECT MANAGER
Nicole Rieger is a project manager with 21 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.
Relevant Project Experience
Drainage Master Plan, City of Temecula, California Serving as the project manager for the preparation of a drainage master plan for all City owned storm drain assets. Project scop includes updating the existing GIS data, performing hydrology and hydraulics modeling, providing recommendations on storm drain capital improvements and green infrastructure improvements, and preparing a drainage master plan to inform the capital improvement program.
Updated Drainage Master Plan, City of Placentia, California Served as the Dudek lead for the updates to the drainage master plan for all City owned storm drain assets. Project scope includes updating the existing GIS data, performing hydrology and hydraulics modeling, providing recommendations on storm drain capital improvements, and preparing an updated drainage master plan to inform the capital improvement program.
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.
San Elijo Water Reclamation Facility Preliminary Treatment Upgrades, San Elijo Joint Powers Authority, Encinitas, California. Prepared a technical memorandum and preliminary design for bioretention basins to be located near the preliminary treatment upgrades. The bioretention basins were designed to meet several objectives, including meeting the regulatory requirements of the San Diego MS4 permit and Industrial General Permit, meeting grant requirements, and meeting the stormwater requirements for the near-term future projects planned at the facility.
Design included reviewing the site for ways to reduce sediment discharges, which is a priority pollutant of concern for the downstream water bodies.
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 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 1364 of 1856
2 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.
Regional Stormwater Program Evaluation, Marine Corps Installations West (MCIWEST), Various Locations in Southern California. Led the effort to create a manual for post-construction BMP requirements for various Marine Corps installations in Southern California. The project team conducted a regional evaluation of seven MCIWEST water quality programs to assess their compliance with new and emerging requirements, including the California Construction General Permit, draft Industrial General Permit, Small MS4, and regional permits. Through a structured evaluation of program information, policies, procedures, and annual report information combined with on-site interviews with key stormwater program staff, the team was able to draw on their significant expertise with other clients to recommend a strategy using a suite of recommendations (policy, procedures, training, and BMPs) to close the gaps identified. As a result of this evaluation, MCIWEST was able to remove two installations from industrial permit coverage and significantly reduce the number of facilities (and outfalls) subject to industrial permit inspection and monitoring requirements.
Master Maintenance Program Support, City of San Diego, California. Served as the lead engineer to support the City of San Diego’s Master Storm Water System Maintenance Program in the preparation to maintain three priority channel segments. The project work included the preparation of the Individual Hydrologic and Hydraulic Assessments, maintenance plans, and other documentation required in the Individual Maintenance Plans for each of the inaugural three channels. The hydraulic studies include HEC-RAS analysis to determine the maximum extent of the maintenance required to restore each channel’s flood control function while minimizing the impacts to sensitive environmental resources in the area. The project required multi-disciplinary coordination efforts and frequent collaboration with the client due to a reduced timetable to meet the permitting requirements. The task also included preliminary alternatives analysis for appropriate modifications to the channels to reduce the need for maintenance activities.
U.S. Coast Guard SWPPP Contract, Haskell Inc., San Pedro, California. Served as project manager to prepare a SWPPP for the project, which included the construction of a proposed building along with sewer, water, and fire/water utilities and floating dock improvements along the piers. Also prepared the notice of intent, annual reports, and notice of termination (NOT) through the State Water Resources Control Board’s SMARTS system.
Cal Fire Highway 17 Fuel Reduction – Emergency Shaded Fuel Break Project, Santa Clara County Firesafe Council, Santa Clara County, California. Served as the engineering lead to support the erosion control and stormwater management tasks. Prepared a Caltrans Water Pollution Control Plan for approval and implementation for the vegetation removal activities. Provided technical guidance to field staff on appropriate BMPs and provided implementation recommendations. Tasks included interpretation and application of Caltrans stormwater management requirements and ensuring appropriate measures were being implemented during and after implementation. Also included monitoring and reporting/documentation associated with the implementation of the Caltrans Water Pollution Control Plan.
Additional Project Experience
▪ Watershed Asset Management Plan Flood Control Assessment, City of San Diego, California. ▪ Cardinal Drive Emergency Storm Drain Project, Flatiron West, San Diego, California. ▪ Stormwater Asset Ownership Verification City of San Diego, California. ▪ MS4 Permit Compliance Program, City of Goleta, California.
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1 Jane Gray
GRANT FUNDING
Jane Gray is a regional planner, environmental specialist, and project manager with 27 years’ project management and environmental planning experience, specializing in water/wastewater planning and permitting, agricultural resource and policy planning, policy analysis, land use planning, project development and entitlement services, and grant writing and management. Ms. Gray has a diverse and nuanced planning background, having worked as a project manager, analyst, and environmental planner for non-governmental entities, public agencies, and private firms and corporations. She has been responsible for projects varying from small-scale development and infrastructure planning in developing economies to private residential and commercial developments throughout California.
Ms. Gray brings an effective and customized approach to efficiently deliver services. Her ability to skillfully negotiate the often-disparate interests involved in projects and bring about consensus is an asset in any situation. Ms. Gray has organizational expertise, technical aptitude, planning proficiency, and competency facilitating projects through contentious issues in a variety of communities.
Relevant Project Experience
Project Management, Communication and Engagement, Technical Needs Assessment Technical Assistance, for the URCTA Program – Underrepresented Communities, California Tribes and Small Farmers Technical Assistance Program. Providing communication and engagement, facilitation, technical needs assessment, technical assistance services, program. As the Project Manager, is leading and managing all components of the contract; spearheading communication and engagement, workshop coordination and facilitation, and community, Tribal and Small Farmer engagement and community dialogue; conducting needs, risks, and vulnerabilities assessments; surveys; heat mapping; and community prioritization and evaluation. The project entails extensive data collection, management and curation of ethnographic information, extensive community surveying, and provision of technical assistance, technical summaries and memoranda, report writing, and outcome analysis. Dudek has created 9 videos in 7 languages, bilingual statewide K-12 Water Literacy educational materials for all 10 hydrologic regions in the state, graphic novels with Native language text based on Tribal Water stories that have been turned into hardbound books, coloring books and animations that have narrations in Tribal languages.
Project Management, Community Engagement and Facilitation for a Community and Needs Assessment and Strategic Plan, City of Davis Parks and Recreation Department, Davis, California. Providing outreach, communication and engagement to City of Davis for development of a community needs assessment, internal staffing interviews, development of a departmental mission and visions and strategic plan for the operation, maintenance and development of new and ongoing programming, recreational facilities and infrastructure. The work entails in Education
Universität Dortmund,
Germany
MS, Regional Planning
and Management
State University of New
York, Buffalo
BS, Social Work
Professional Affiliations
Chair, Central Coast
Regional Water Quality
Control Board
2nd District Appointee to
the County Agricultural
Advisory Committee
Association of Women in
Water, Energy and
Environment, Member
PAGE 1366 of 1856
2 person tabling events, meetings, site visits, in person interviews, workshops and facilitation and development of technical memoranda, needs assessment, and the strategic plan. Leading projects, coordinating and managing work products, managing sub-consultants and ensuring a high caliber of deliverables.
Project Management, Community Engagement and Equity Strategic Development and Implementation, Yolo County Climate Action and Adaptation Plan, Yolo County, California. Leading the preparation of a climate action and adaptation plan in concert with Yolo County (County) staff and commission working groups to develop the community engagement and equity strategy, co-develop engagement materials, and follow up on meeting outcomes; update the County’s greenhouse gas (GHG) inventory with the latest available, reliable data; and provide projections for specified intermediate years out to 2050. The team is preparing a retrospective assessment of progress to date, a narrative for a consumption based GHG inventory, and identifying accessible metrics and benchmarks. In addition, our team is recommending an approach for integrating consumption- and production-based inventories at a future date, as well as ways of tracking and reporting progress using better data and accounting methods. We are also collaborating with the Yolo County Resources Conservation District to prepare a high-level inventory of GHG emissions and carbon sequestration potential for natural and working lands, and developing a contained set of emission mitigation and sequestration strategies that can be readily implemented. Additionally, we are preparing engineering and economic analyses of the portfolio, including implementation issues. Finally, we will identify County vulnerabilities to climate change and prepare adaptation and resilience strategies, develop a feasible funding and financing roadmap with specific recommendations, and prepare an implementation and monitoring plan that is readily adapted over time and integrated with County resource-management tools.
Communication and Engagement, San Mateo County Harbor District Master Plan, San Mateo County Harbor District.
Conducted community engagement and outreach for the San Mateo County Harbor District Master Plan, including development of community interview questions, interviews with key community leaders in cities and county, including elected officials, key NGO leaders, commissions, and others at the Marina and Harbor, business community members, mariners and anglers, marina and harbor users and others. Generated and conducted community surveys, outreach events, pop-up events and workshops and generated technical memoranda and plan sections and led and facilitated community workshops and meetings.
Project Management for the Santa Barbara County Integrated Regional Water Management Program, California.
Providing overall project management, coordination consultants, internal staff, project proponents, and communities for the Santa Brabara County IRWM Program. Coordinating agencies’ staff and communication with NGOs and Community Based Organizations (CBOs) to for Plan implementation, work in the Bond Coalition, coordination with the Central Coast Funding Area Partners, coordination on quarterly meetings, generation of meeting materials, agendas, coordination of guest speakers, program development and Plan updates.
Communication and Engagement, Groundwater Sustainability Plan Implementation, City of Santa Monica, California. Providing community engagement and facilitation services for plan implementation related to public meetings and workshops, Technical Advisory Committee meetings, and other community outreach events and forums. This includes coordination of language-appropriate support services as well as generation of meeting and workshop materials, meeting minutes, agendas, and presentations.
Project Management Communication and Engagement for the Creek and Watershed Management Plan Development and CWMP Implementation, City of Goleta. Provided overall project management for communication, engagement, tabling, workshops, events and materials for the development of the City’s Creek and Watershed Management Plan. Currently providing public and community engagement support; leading the technical advisory committee; grant strategy and funding; project prioritization; and development, implementation, and coordination and implementation of the plan’s goals.
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1 Andrea Dransfield
NPDES TRAINING, INSPECTIONS, AND COMPLIANCE
Andrea Dransfield (AN-dree-uh DRANZ-feeld; she/her) is a biologist with 13 years’ experience in marine and terrestrial biological surveys, water quality monitoring and reporting, habitat assessment, construction monitoring, habitat restoration and geographic information system (GIS) analysis. She is California Department of Fish and Wildlife (CDFW) trained in stream habitat surveys, monitoring water quality, and identifying and monitoring special-status species, such as the California red-legged frog (Rana draytonii) and Southern California steelhead (Oncorhynchus mykiss), as well as invasive species, Quagga mussels (Dreissena bugensis). She is National Park Service trained in habitat restoration, plant propagation, and invasive species control. Ms. Dransfield has conducted biological surveys for terrestrial and aquatic species and conducted reviews of aquatic species reports for coastal development and resource management projects. Ms. Dransfield’s field experience encompasses inland, coastal, and marine environments and includes conducting nesting bird surveys, mammal burrow/den surveys, and biological surveys for various special-status plant and wildlife species, such as burrowing owl (Athene cunicularia) and white-tailed kite (Elanus leucurus). Additional experience includes industrial stormwater sampling, construction site stormwater pollution prevention plans (SWPPPs), best management practice (BMP) monitoring and reporting for Stormwater Multi-Application and Report Tracking System, and coordination of Municipal Separate Storm Sewer System (MS4) stormwater programs. Ms. Dransfield has experience preparing scientific publications, biological technical reports, SWPPP inspection reports, nesting bird letter reports, biological assessments, and restoration monitoring reports.
Relevant Project Experience
City of Goleta Public Works, California. Coordinating the City of Goleta’s stormwater management program. This program protects water quality in accordance with the Regional Water Quality Control Board, pursuant to National Pollution Discharge Elimination System requirements. Assisting the City in meeting MS4 requirements, adopting the Santa Barbara County Stormwater Technical Guide for Low Impact Development, and implementing the City’s Stormwater Management Plan. This involves water quality sampling, dry-weather sampling of outfalls, pollution prevention and facilities maintenance, illicit discharge detection and elimination, and community education and outreach.
Regarding construction projects, the MS4 requirements include construction plan reviews, providing contractor BMP training, BMP inspections, and final stormwater control measure inspections to ensure compliance.
Education
San Francisco
State University
MA, Geography, Resource
Use and Environmental
Planning, 2013
Brandon University
BSc, Environmental
Science and Zoology,
2008
Certifications
BOEM/JNCC Marine
Mammal Observer (MMO)
and Protected Species
Observer (PSO)
PADI Rescue Diver
Caulerpa taxifolia
Surveyor
40-Hour HAZWOPER
ArcGIS, Marxan,
and STATA
CPESC
QSP/QSD
Professional Affiliations
California Stormwater
Quality Association
(CASQA)
Santa Barbara County
Association of MS4
Managers (SBCAMM)
USFWS BeachCombers
The Wildlife Society
PAGE 1368 of 1856
2 Caballero BESS, CSI Electric, Nipomo, California. Conducted weekly/ quarterly SWPPP inspections using Dudek’s data collection and reporting tool, stormwater sampling to measure pH and turbidity, storm inspections, and REAPs. Responsible for following SWPPP protocols and ensuring regulatory compliance, construction site stormwater BMP monitoring, producing reports for clients, and discussing reports with site managers.
Sandman Mixed-Use Condition Compliance, Franciscan Developments Inc., Santa Barbara, California. Conducted weekly/quarterly SWPPP inspections during the rainy season using Dudek’s data collection and reporting tool, stormwater sampling to measure pH and turbidity, storm inspections, and REAPs.
Kellogg Crossing Self-Storage, City of Goleta, California. Providing environmental compliance monitoring services for this self-storage project. Services include weekly monitoring and reporting regulatory compliance conditions.
Ms. Dransfield serves as a liaison between the City of Goleta, contractors, and relevant agencies to ensure projects are compliant with conditions of approval.
Sansum Cancer Center, G.L. Bruno Associates Inc., Santa Barbara, California. Conducted weekly/quarterly SWPPP inspections using Dudek’s data collection and reporting tool, stormwater sampling to measure pH and turbidity, storm inspections, and REAPs. Provided compliance monitoring services and stormwater BMP installation and maintenance oversight for the Sansum Cancer Center.
Cabrillo Business Park Lots 8 and 11, Investec Real Estate Companies, Goleta, California. Conducted weekly/ quarterly SWPPP inspections using Dudek’s data collection and reporting tool, stormwater sampling to measure pH and turbidity, storm inspections, and REAPs. Responsible for following SWPPP protocols and ensuring regulatory compliance, construction site stormwater BMP monitoring, producing reports for clients, and discussing reports with site managers.
Emergency Permitting Services, Montecito Water District, Santa Barbara County, California. Conducted pre-construction surveys, nesting bird surveys, and project monitoring, including an assessment of the impact areas associated with the geotechnical surveys. Currently overseeing restoration monitoring, performing quarterly qualitative and quantitative monitoring, and submitting annual reports to the RWQCB.
Westmont Road Storm Drain Rehabilitation, City of Santa Barbara, California. This project regraded the channel bed immediately upstream of a storm drain that conveys the flow adjacent to Westmont Road from an unnamed tributary to Sycamore Creek. Per the Habitat Mitigation and Monitoring Plan, currently overseeing restoration monitoring, performing quarterly qualitative and quantitative monitoring, and submitting annual reports to the RWQCB.
Industrial Stormwater Monitoring, Frog Environmental Inc., Long Beach, California. Worked with Frog Environmental collecting stormwater runoff samples from industrial sites in Santa Barbara and Ventura Counties for testing at a State of California certified lab.
El Estero WWTP Secondary Upgrade Biological Monitoring, City of Santa Barbara, California. Conducted SWPPP inspections for the El Estero WWTP Secondary Process Improvement Project, which involved using Dudek’s data collection and reporting tool, following SWPPP protocols and ensuring regulatory compliance, producing reports for clients, and discussing reports with site managers. Biological resources surveys and compliance monitoring were performed in accordance with biological resource mitigation measures. Dudek was present on site to monitor activities associated with the project, including installation of BMPs, project setup, mobilization, jet grouting, and activities within the secondary facilities buildings.
PAGE 1369 of 1856
1 Vipul Joshi
SAFE CLEAN WATER PROGRAM LEAD
Vipul Joshi is a senior project manager and ecologist with 26 years’ experience in natural resources management planning. Mr. Joshi focuses on providing ecological management solutions to clients responsible for sustaining multiple natural resources on lands throughout California. He has a background and training in watershed science, regulatory permitting, permit compliance, and project management. Mr. Joshi is experienced with California environmental regulations and has managed constraints analysis, entitlement processing, permit acquisition, and biological construction monitoring for a variety of public and private projects and programs.
Mr. Joshi has specific experience with National Pollutant Discharge Elimination System (NPDES) permitting with a variety of local jurisdictions; state and federal Endangered Species Act permit processing; wetlands permitting, and management of permit compliance. Specific experience includes managing large municipal on-call contracts that are focused on water resources management, regulatory compliance, and multi-benefit resource management.
Relevant Project Experience
Haynes Intake Channel Infill Project Mitigated Negative Declaration, Los Angeles Department of Water and Power, Long Beach, California. Served as senior regulatory specialist for a project where the Los Angeles Department of Water and Power (LADWP) is seeking to infill the intake channel at Haynes Generating Station in Long Beach to make room for a future energy project. Key project issues included impacts to eelgrass and other marine species, coastal permitting and sea level rise, and potential impacts to waters of the United States.
Environmental Compliance and Regulatory Permitting Support, San Gabriel Dam Emergency Maintenance Project, Los Angeles County Public Works, Azusa, California. Overseeing biological and regulatory technical studies and permit applications with multiple resource agencies as well as Los Angeles County Public Works Stormwater Maintenance Division to facilitate implementation and compliance for emergency, long-term maintenance of the facility. Developed permitting strategy and mitigation options for CEQA compliance, protected species habitat measures, and potential compensatory wetlands mitigation.
Arroyo Seco Canyon Project Areas 2 and 3 Environmental Impact Report, City of Pasadena, California. Served as senior regulatory specialist supporting preparation of an Environmental Impact Report (EIR) for water infrastructure improvements within the Arroyo Seco, upstream of Devil’s Gate Dam and within the Hahamongna Watershed Park Master Plan boundaries. Oversaw technical staff who prepared the Biological Resources Technical Report, assisted the City in responding to agency and public comments, and facilitated the application and coordination with resource agencies for regulatory permits.
Integrated Watershed Engineering Assessment, City of San Diego Stormwater Department, California. Served as stream restoration technical lead for multiple multi-disciplinary watershed assessments to identify and rank potential stream restoration projects to serve integrated Capital Improvement Program to address stormwater Education
University of California,
San Diego
BS, Evolution, Behavior,
and Ecology, 1997
Professional Affiliations
California Stormwater
Quality Association
California Native Plant
Society
Ecological Society of
America
PAGE 1370 of 1856
2 infrastructure deficiencies, meet stormwater regulatory requirements, and compete for grant funds. Led a team to develop desktop and field based assessment of San Diego Bay and Mission Bay watersheds that resulted in over 50 conceptual projects. Also led development of a standardized scoring methodology that was applied City-wide.
Each project was evaluated utilizing the standard scoring method; fact sheets and cost estimates were also prepared along with typical cross-section details. The resulting assessment positions the City of San Diego to implement strategic improvements to comply with current and future regulations and forecast budget needs.
Municipal Waterways Maintenance Plan, City of San Diego Transportation and Stormwater Department, City of San Diego, California. Served as project manager to develop the Municipal Waterways Maintenance Plan (MWMP) and EIR for the City of San Diego’s on-going stormwater facility maintenance program. Coordinated preparation of the MWMP that details the planned maintenance activities, specific facility maintenance plans, biological compensatory mitigation sites, agency permitting procedures, and technical studies. Dudek also supports the City’s strategic outreach communications, including workshops with elected official, regulatory agencies, and non-governmental organizations.
North City Project Pure Water San Diego Program, City of San Diego Public Utilities Department, San Diego, California. Served as senior regulatory specialist for acquisition of Section 404, 401, and 1602 permits for impacts to vernal pool and other jurisdictional waters to expand the existing North City Water Reclamation Plant and construct an adjacent North City Pure Water Facility to provide 30 million gallons per day of potable recycled water.
Syphon Reservoir Environmental Regulatory Evaluation, Irvine Ranch Water District, Irvine, California. Served as the biological and regulatory task manager to determine feasibility for converting and expanding the existing Syphon Reservoir to a recycled water reservoir. Lead a team of biological and restoration specialists to develop the best approach to design and permit the project, while minimizing mitigation costs and processing delays. Developed a regulatory permitting engagement strategy to support Irvine Ranch Water District planning.
Hodges Reservoir Natural Treatment System, City of San Diego Public Utilities Department, San Diego County, California. Led a team to develop a conceptual design and identify early implementation phases for a natural treatment system (NTS) to reduce and remove nutrients and pollutants draining into Hodges Reservoir, a drinking water reservoir in San Diego North County, owned by the City of San Diego.
Salton Sea Species Conservation Habitat Project, California Department of Fish and Wildlife, Imperial County, California. Dudek provided the California Department of Fish and Wildlife and California Department of Water Resources assistance in the planning, design, and permitting of this wildlife habitat restoration project. Lead regulatory permitting specialist responsible for preparation of applications and processing of state and federal permits. Successfully completed a 404(b)(1) Alternatives Analysis and Section 7 Consultation for desert pupfish, to assist the U.S. Army Corps of Engineers in determining the Least Environmentally Damaging Practicable Alternative.
Bay Crossing Water Main Replacement, City of Newport Beach, California. Lead biologist and regulatory permitting specialist for the replacement of multiple water lines crossing Upper and Lower Newport Bay. Dudek prepared construction plans, coordinated with the US Army Corps of Engineers to confirm compliance with Section 408 with regards to federal navigation channels, completed terrestrial and marine biological assessments, and will be preparing CEQA documents, Section 401/404 waters permits applications, and a Coastal Development Permit for the project.
As-Needed Regulatory Services, Orange County Public Works Department, Orange County California. Served as Program Manager and facilitated completion of multiple task orders, including infrastructure permitting, restoration design and implementation, biological monitoring, regulatory fact sheets for internal staff training, and preparation of County-wide compensatory mitigation opportunities and constraints evaluation.
PAGE 1371 of 1856
1 Shannon Brown, PE
TRASH TMDL AND PROGRAM COMPLIANCE
Shannon Brown is a civil engineer with 15 years’ experience as a consultant specializing in stormwater, water, and sewer infrastructure management, program implementation, and project design. Mr. Brown is experienced in a broad range of disciplines, including regulatory permit compliance, preparation of technical studies, hydrology and hydraulics modeling, and geospatial analysis. Mr. Brown also has a background in state and federal environmental compliance, including environmental impact documentation, special studies, and field data collection.
Relevant Project Experience
Small Municipal Separate Storm Sewer System Permit Compliance Program, City of Goleta, California. Served as technical reviewer and project engineer.
Dudek is currently supporting the City of Goleta through technical project implementation and extension of staff services. Dudek has played a key role in overhauling and redeveloping Goleta’s Phase II stormwater program to ensure all municipal operations and new development requirements meet or exceed the Small Municipal Separate Storm Sewer System permit provisions. Dudek combined local and regional stormwater expertise to develop a list of prioritized action items designed to address stormwater program needs based on each item’s relative threat to water quality, operational feasibility, and budget. Ongoing program support activities include preparation of technical reports and analyses, development of stormwater training materials and jurisdictional program procedures, regulatory audit preparation, drafting and issuance of notice of violations to City stakeholders, illicit connection/illicit discharge investigations, new development stormwater plan review, stormwater pollution prevention plan development, and post-construction BMP inspection.
Stormwater System Condition Assessment, City of San Marino, California. Served as the project engineer 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.
Trash Amendments Planning, City of Carlsbad, California. Served as project engineer. Dudek prepared a regulatory compliance implementation plan and internal action plan. The implementation plan detailed installation of structural and nonstructural stormwater trash control BMPs throughout the City under a Track 2 compliance pathway and a citywide On-Land Visual Trash Assessment control monitoring program. Dudek also prepared an action plan that serves as a framework for internal implementation of the trash amendments, documenting annual steps for a multidepartment, collaborative effort to ensure compliance within the allotted 10-year time frame. In December 2018, the final implementation plan was submitted for approval to the San Diego Regional Water Quality Control Board, and an internal action plan was developed in 2019.
Education
California State University,
Fullerton
MS, Environmental
Engineering, 2017
University of California,
Davis
BS, Environmental and
Resource Science, 2009
Certifications
Professional Civil
Engineer (PE), California
No. 92771
OSHA 30-Hour
Construction Safety
Professional Affiliations
California Stormwater
Quality Association
(CASQA)
PAGE 1372 of 1856
2 Drainage Master Plan, City of Temecula, California Serving as the lead engineer for the preparation of a drainage master plan for all City owned storm drain assets. Project scop includes updating the existing GIS data, performing hydrology and hydraulics modeling, providing recommendations on storm drain capital improvements and green infrastructure improvements, and preparing a drainage master plan to inform the capital improvement program.
Trash Amendments Compliance, Port of San Diego, California. Served as lead engineer and project manager.
Dudek has been supporting the Port of San Diego with their Trash Amendments compliance program since 2018.
Project scopes have included development of a State Water Resources Control Board required implementation program, development of internal guidance documents for strategic assessment and adaptive management, project design for trash capture BMP installation, and general NPDES permit guidance. Dudek has supported the Port with design and installation of 15 BMPs specifically for trash capture.
Trash Amendments Compliance, City of Victorville, California. Served as project manager. Project scope included an evaluation of existing and proposed trash control measures such as street sweepeing, industrial/commercial inspection programs, complaint enforcements, and structural BMP implementation as well as baseline trash surveys. Dudek produced an updated Implementation Plan for the City to submit to the Regional Water Quality Control Board and is conducting on-going trash surveys.
Municipal Waterways Maintenance Plan, City of San Diego, California. Served as project engineer. The Municipal Waterways Maintenance Plan supports the findings of a programmatic environmental impact statement for maintenance of more than 60 earthen and concrete-lined channels throughout the City. Project work included preparation of hydrologic and hydraulic assessments, associated technical reporting, and planning and construction-level channel maintenance plans. The hydraulic studies include Hydrologic Engineering Center – River Analysis System analysis to determine the extent of maintenance required to restore each channel’s flood control function while minimizing the impacts to sensitive environmental resources in the area.
As-Needed Project Support, City of Monterey, California. Served as project engineer. Dudek has supported City stormwater program tasks since 2018, including a stormwater fee study and development of the City’s trash amendment compliance plan. The fee study included analysis of the cost of City implementation of stormwater requirements associated with the Small Municipal Separate Storm Sewer System general permit. The analysis was intended to provide City decision-makers with information on current program costs, revenues, and options for fee-based cost-recovery scenarios for City compliance activities. For trash amendment compliance, Mr. Brown assisted in preparation of the City’s Track 2 Implementation Plan as well as development of internal planning documents for use by planning, engineering, and operations staff.
PAGE 1373 of 1856
800.450.1818 | [email protected]
DUDEK.COM
PAGE 1374 of 1856
1 of 16
PROFESSIONAL SERVICES AGREEMENT
between
The City of San Marino
2200 Huntington Drive
San Marino, CA 91108
&
Dudek
605 Third Street
Encinitas, CA 92024
This Professional Service Agreement (“the Agreement”) is made as of November 13, 2024 (the “Effective Date”), by and between Dudek (“Consultant”), and the City of San Marino (“City”), a California municipal corporation, (collectively, “the Parties”).
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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 June 30, 2027 unless sooner terminated as provided in Section 5.0 of this Agreement. City may exercise up to two (2) 1-year extensions contingent on an annual appropriation of budget by the City Council and Consultant’s satisfactory performance.
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 $150,000 over the total duration of the contract or more than $50,000 per fiscal year (period between July 1 and June 30). 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 $30,000. 2 of 16 PAGE 1376 of 1856
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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 thirty (30) 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.
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 PAGE 1377 of 1856
“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.
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.
Consultant shall not be liable for any reuse of the Work Product beyond the original purpose of this Agreement or modification of its Work Product.
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. Nicole Rieger is Consultant’s representative for purposes of this Agreement.
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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:
To Consultant:
City of San Marino
2200 Huntington Drive
San Marino, California 91108
Attn: City Manager
Dudek
605 Third Street
Encinitas, CA 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.
9.2. 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.
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, PAGE 1379 of 1856
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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
Without limiting Consultant’s indemnification of Agency, and prior to commencement of Work, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to Agency.
12.1. General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
12.3 Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
12. 4 Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in PAGE 1380 of 1856
the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
12.5 Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).
Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees, and volunteers.
Other provisions or requirements
12.6. Proof of insurance. Consultant shall provide certificates of insurance and required endorsements to Agency as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Agency for the contract period and any additional length of time required thereafter. Agency reserves the right to require complete, certified copies of all required insurance policies in the event of a claim.
12.7 Duration of coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or sub-consultants.
12.8 Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency’s own insurance or self- insurance shall be called upon to protect it as a named insured.
12.9 Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by Agency will be promptly reimbursed by Consultant or Agency will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Agency may cancel this Agreement.
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12.10 Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.
12.11 Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement, except for Professional Liability shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of its subconsultants.
12.12 Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Consultant of non-compliance with any requirement imposes no additional obligations on the Agency nor does it waive any rights hereunder.
12.13 Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.
12.14 Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the Agency with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the Agency immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.
12.15 Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
12.16 Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include
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any limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing.
12.17 Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any crossliability exclusions.
12.18 Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the Agency, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this Agreement. This provision does not relieve the Consultant of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the subcontractor.
Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to Agency for review.
12.19 Agency’s right to revise specifications. The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the Agency and Consultant may renegotiate Consultant’s compensation.
12.20 Self-insured retentions. Any self-insured retentions must be declared to and approved by Agency. Agency reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
12.21 Timely notice of claims. Consultant shall give Agency prompt and timely notice of claims made or suits instituted that arise out of or result from PAGE 1383 of 1856
Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
12.22 Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
Indemnification, Hold Harmless, and Duty to Defend
12.23 To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless Agency and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by Agency in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury, or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a neutral third-party to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the Agency.
12.24 Notwithstanding the foregoing and without diminishing any rights of Agency under Indemnification and Defense for Professional Services, for any liability, claim, demand, allegation against Agency arising out of, related to, or pertaining to any negligent act or omission of Consultant, but which is not a design professional service, Consultant shall defend, indemnify, and hold harmless Agency, its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney’s fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the Agency, except for the sole or active negligence of, or willful misconduct of the Agency
13.0 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. 10 of 16 PAGE 1384 of 1856
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14.0 Labor Certification
14.1. 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.
14.2. 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.
14.3. 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.
14.4. 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.
15.0 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.
16.0 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.
17.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
18.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.
19.0 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 PAGE 1385 of 1856
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service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
20.0 Headings
Headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.
21.0 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.
22.0 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.
23.0 Prohibited Interests; Conflict of Interest
23.1. 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.
23.2. 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 PAGE 1386 of 1856
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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.
23.3. 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.
24.0 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.
25.0 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.
26.0 Corporate Authority
26.1. 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.
26.2. 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.
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the Effective Date.
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CITY OF SAN MARINO
By:_________________________
Philippe Eskandar
City Manager
Attest:
By:_________________________
City Clerk
Approved as to Form:
By:_________________________
Joseph Montes
City Attorney
CONSULTANT
By:_____________________________ (Sign)
Name: __________________________ (Print)
Title: __________________________ (Print)
By:_____________________________ (Sign)
Name: __________________________ (Print)
Title: __________________________ (Print)
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Exhibit A
Scope of Services
See next page
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Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 17 Subconsultants
Dudek does not foresee the need to utilize subconsultants on projects resulting from this contract.
Proposal
PROPOSED APPROACH
Dudek has an effective and proven approach to as-needed technical consulting task orders. Each task order request is carefully reviewed, assigned to appropriate staff, and a proposed is developed within 2 business days that is reviewed by Nicole Rieger and includes a comprehensive scope of work, schedule, and cost estimate that conforms with the contract fee schedule and restrictions. We manage projects to meet client and technical needs using sound science and engineering principles. Our team focuses on data quality, careful management of budget, and schedule milestones. The team assigned to each task is fully committed to the task, until complete.
All work is completed in close coordination with City staff with regular progress reports provided via email or a shared online platform (e.g., SharePoint). Progress reports include not only updates on past performance but also upcoming work and potential challenges, critical path issues, and important action items that must be resolved to successfully complete the task. These measures ensure that there are no surprises with regards to schedule, invoice charges, or deliverable content and quality. Our approach is founded on solid project management principals and well developed quality assurance/quality control (QA/QC) processes. Our focus on these central tenets to performing on-call program work has guided our expert technical project support for the past four decades.
A more detailed approach to specific scope of services is provided below:
Task 1: Safe, Clean Water Municipal Program Annual Plans and Annual Reports Dudek Safe, Clean Water (SCW) Program Manager Vipul Joshi will work with City staff to ensure that the City is fully engaged with and can successfully leverage the SCW program funds and technical support to implement projects and programs within the City. We will provide local staff to attend SCW watershed coordination meetings, interface with the watershed coordinators, and review program updates and requirements. We will work with you to understand the current status of any SCW-funded projects and assist in the preparation, review, and submittal of required SCW plans and reports. At the City’s request, we can identify and/or evaluate potential projects that would be eliglble for funding and/or technical assistance through the SCW program. Dudek will apply an integrated approach to these project assessments, ensuring that as many objectives as can be met through a single project (e.g., flood control, water quality, habiat restoration, and community benefit) are identified. These multiple objectives will help qualify projects not only for the SCW program, but potentially other grant funds (see Task 9).
Task 2: Annual Reports to Regulatory Agencies
Dudek will assist the City with preparation of annual reports to various regulatory agencies to ensure compliance with the MS4 permit. Dudek will utilize any templates and/or tracking software that the City has developed to streamline tracking and reporting. Dudek will well versed with various municipal GIS and other tracking software and can advise the City on ways to enhance and improve tracking of education, outreach, street sweeping, catch basin cleaning, industrial/commerical inspections, illicit discharges, and special studies. Dudek applies state-ofthe-art science to evaluate and interpret data in the context of current and potential future regulations. This approach ensures that the City can maintain compliance in a cost-effective manner that makes efficient use of limited municipal funds.
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Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 18 Task 3: Representing the City at Meetings Engagement
Dudek is prepared to represent the City at interested party meetings. Our approach starts with early coordination with City staff to understand past engagement with these entities, current status of the relevant City’s projects and programs, and anticipated key issues or concerns. Interested party engagement sets the framework for the City to leverage regional work products and planning efforts to assist in the development of City-specific implementation and planning efforts. Moving forward, key decisions with potential impacts to the City’s trash compliance approach and regional MS4 permit reissuance topics will be dependent on outcomes, collaborative use, and perceived RWQCB acceptance of regional work products. Our team utilizes this engagement to assess benefits and constraints for various planning and implementation options and then synthesize lessons learned to meet our client needs. Our collaborative experience and working relationships with regional partner agencies and nonprofits and their consultant teams will provide a direct benefit to the City in our ability to synthesize regional work into a City-specific compliance approach that meets multiple planning, operations and funding objectives.
Dudek staff will provide written updates within 2 business days of each meeting and maintain an active, up-todate inventory of meeting agenda, presentation materials, notes, and action items that would be available to City staff through an online shared platform (e.g., SharePoint).
Task 4: NPDES Training
Upon request, Dudek would develop NPDES training for City staff to ensure compliance and efficiently integrate the program with overall municipal services. Dudek staff will review any past training materials that are retained by the City and develop agreed-upon parameters for all training, including learning objectives, regulatory requirements, audience characteristics, format, length, location, and overall style. Dudek will develop draft training materials and a training agenda/outline for City review at least 2 weeks prior to the training. These materials will be prepared by our stormwater compliance experts working with our learning and development manager, who is a trained educator. The training materials will include visual aids and graphics and real-world examples from the local area to enhance learning and ensure relevancy. Quick reference guides and online tools can be made available for easy access following the training. Dudek staff will be also be available to address follow-up questions or other implementation challenges. If Dudek is tasked with preparing follow-up training, then lessons learned will be incorporated to ensure a continually improving training system is implemented.
Task 5: Inspections of Commercial Facilities
Dudek will develop an inspection protocol, confirm inspection locations, and review data collection, QA/QC procedures, and data delivery methods with the City project manager prior to conducting inspections. Dudek’s industrial/commerical facility inspectors are trained on stormwater regulations, water quality data collection protocols, and safety requirements, and they utilize a Esri GIS mobile data inventory platform to collect and record data. This allows project management and City staff to review data in real time and, if necesary, communicate with the inspector to modify data collection techniques. This methodology minimizes the potential that reinspections would need to occur upon final review of the data. All inspections are completed in a professional manner with clear communication to on-site facility workers; all inspectors will have proper identification, will provide the appropriate City staff contact upon request, and will follow safety protocols. Inspections are an opportunity for business owner education and inspectors will be equipped to provide information to owners and operators and identify target locations for additional outreach. Following data collection, Dudek will implement a thorough audit following agreed-upon QA/QC procedures. With the mobile data inventory collection system, compilation and reporting of data is highly streamlined. Dudek reports provide inspection data in an accessible and easy-to-understand format, with key findings and recommendations clearly articulated for City staff to communicate with management, if required.
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Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 19 Task 6: 5-Year Daily Generation Rate Compliance Field Study The Dudek team will work collaboratively with City staff to implement the 5-year Daily Generation Rate (DGR) trash compliance study in conformance with Los Angeles River Watershed Trash TMDL. Dudek has assisted various municipalities with trash monitoring and trash control methods to ensure compliance with current and future trash control regulation. We will apply these broad lessons and approaches to assist the City in evaluating potential trash monitoring methods for the DGR study, such as street sweeping, manual pickup, or other methods commonly used in the region.
Dudek will work with the City to create a DGR field study that is easily repeatable and produces a result that can be efficiently quantified in a compliance report for the Regional Board. It is anticipated that planning for the DGR will consist of defining a study drainage area, locating associated storm drain inlets to be blocked during the study, and an appropriate trash collection method based on expected trash loading and logistical feasibility. Part of the processes will be to develop a centralized database for storing DGR results after each annual field study for efficient Regional Board reporting and potential audits.
Task 7: Program Compliance and Recommend Actions
Dudek is especially adept with ensuring our municipal clients are not only compliant with current regulations but are proactively prepared to evaluate and implement recommended actions to ensure cost-effective compliance under future regulations. A number of water quality and multidisciplinary environmental protection regulatory elements converge within the City’s jurisdiction. Multiple agencies, including the City and other interested parties, manage urban runoff, habitat, and water quality improvement activities. In addition, regulatory requirements, such as watershed management plans and statewide Trash Amendments, provide significant potential operational, budgetary, and compliance challenges for the City. Accordingly, the development and implementation of effective watershed-based analytical approaches to restore and maintain the health of surface waters and manage natural resources is predicated on City staff and management concurrence on compliance strategies and jurisdictional program reporting requirements. These strategies and reporting efforts require consideration of scientific data, operational capacity, cost, and regulatory policy implications related to oftentimes multiple regulatory requirements. The Dudek team approach to program regulatory compliance combines multidisciplinary technical expertise and regulatory compliance experience that will benefit City staff in implementing environmental projects in and around City jurisdiction. Further, our team has demonstrated experience presenting technical information to a wide range of agencies, organizations, and individuals that have allowed complex technical details to be understood by nontechnical interested parties.
The Dudek team’s practical knowledge and applied experience with local regulations, policies, City activities, and local interested party processes allows us to provide a comprehensive and science-based holistic perspective to evaluate directly and indirectly applicable regulatory documents in support of the City. Our team’s comprehensive understanding of the City’s responsibilities in complying with multiple regulatory requirements, including the Regional MS4 Permit, TMDLs, and industrial and construction general stormwater permits, provides the experience to successfully manage stormwater program elements from idea to implementation and monitoring.
Task 8: Identify Potential Stormwater Quality Improvement Projects Dudek’s stormwater engineers have completed a comprehensive condition assessment of the City storm drain system and are uniquely suited to identifing appropriate potential stormwater quality improvement projects. We are currently working on the Lacy Park Box Culvert Replacement and have demonstated knowledge with designing improvements that meet multiple City objectives, including water quality improvement. Dudek approaches Citywide evaluations for potential projects from a holistic perspective, evaluating not just infrastructure PAGE 1392 of 1856
Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 20 deficiences, but the interplay of dissadvantaged community investment, habitat restoration, water quality protection, and flood risk reduction. Dudek’s broad range of in-house technical experts provides the ability to conduct comprehensive evaluations of opportunities that lead to the identification of projects that can successfully address multiple City goals in a cost-effective manner. Dudek may complete a comprehensive Citywide study utilizing a combination of GIS and field studies, with a systematic selection of potential projects, comprehensive summaries of the relevant details of those project (e.g., engineering feasibility, potential water quality improvement, regulatory context, and costs), and a prioritized ranking that allows the City to complete longrange budget planning and positions the City to adapt to funding opportunities. Dudek may also complete site-specific assessments to evaluate existing or future CIPs in terms of potential water quality improvements. For these types of tasks, we would coordinate with City staff (and/or consultants) with information regarding the project, develop options for integrated water quality improvements, and prepare technical memoranda to facilitate project evaluation and communicate with City management.
Task 9: Identify Grant-Funding Opportunities
Dudek has a 94% grant award success rate and has prepared and submitted grant applications for various clients throughout California, including municipalities; NGOs; water, wastewater, and community service districts; and agencies. Dudek maintains a high rate of successful grant awards because we are selective and work with our clients to position projects well for funding. Dudek has an organized, responsive, and nimble approach to identifying, writing, and securing grant funding and over the past 5 years, has obtained over $138 million in grant and loan monies for our clients. Moreover, our team is rooted in planning and development of nuanced, multibenefit projects that successfully knit together intricate project challenges and opportunities to yield positive results for ecosystems, communities, and agencies.
Dudek’s key priority before commencing a grant application is to determine whether there is a high correlation between the needs and benefits of the project vis-à-vis the grant requirements/guidelines and scoring rubric. If the team determines there is a good fit, Dudek will maximize the competitiveness of the project through work plans, budgets, and schedules that will be responsive to the funding solicitation. Dudek will attend any fundingagency-led workshops or events and, as necessary and appropriate, establish contact with the funding agency representative to discuss the project(s) and obtain insights, confirm deadlines, discuss project discriminators, establish funding priorities, and have any questions answered. Dudek will coordinate with the City to provide key takeaways and/or discuss any change in strategy. For each project that an application is prepared for, Dudek will generate a Request for Information (RFI) and a grant application tracking sheet. The RFI will outline the materials Dudek needs to generate a comprehensive, competitive application that satisfies the application requirements.
The tracking sheet is a tool to provide both accountability and structured deliverables. In the grant tracking sheet, Dudek will outline a timeline for each draft application package, including development and completion of sections, the draft, and final application; timelines for the City to review and comment on the draft and final application; and final grant submittal. Throughout development of a grant application, Dudek will also engage the services of our technical editors, who will verify that documents adhere to grant guidelines or requirements, such as font size and number of characters, words, or pages; have correct citations, grammar, and spelling; and properly use abbreviations and numbers. They will also fact-check and add editorial polish. The technical editors will review substance with respect to internal consistency, characterization of the project, clarity and concision of responses to required questions, and appropriateness of content and structure.
Task 10: Assist with As-Needed NPDES or Stormwater-Related Tasks Dudek provides full-service engineering and environmental services and excels at providing as-needed services to local municipalities. We maintain a flat structure that allows our project managers to identify and deploy appropriate staff to meet any challenge or need. In addition to the extensive NPDES and stormwater services that PAGE 1393 of 1856
Request for Qualifications—On-Call NPDES/Stormwater Engineering Services 21 are described above, we have local CEQA/NEPA practitioners, a dedicated Publications and graphic design staff, full service civil engineering, groundwater and hazardous materials experts, and local landscape architects and fire planners, just to name some of the key services we can provide. We have found that many municipalities benefit from our data management services, which leverage lessons learned from various database platforms to evaluate your current database for architecuture improvements or provide you with informed options for integrating a new platform or services.
PERFORMANCE CRITERIA
Team Organization
Dudek will provide seamless management between City staff and our team to complete tasks with an awareness of the City’s environmental and political sensitivities. Figure 1 presents our proposed project staffing and team organization.
We understand that the City is considering the Dudek team in its entirety; therefore, we will not make changes in team composition without prior consultation and written approval of the City.
Figure 1 outlines proposed lines of communication for this contract; brief biographies are provided on page 4 and focused resumes are provided in Appendix A.
Figure 1. Dudek Team Organization
Task Order Execution
The structure and flexibility of the Dudek team provide the ability to adapt resources and the execution approach to meet client needs throughout any task life cycle. The Dudek task order execution approach applies a common understanding of the goals and objectives to project-related decision-making. Critical aspects of the Dudek PAGE 1394 of 1856
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Exhibit B
Fee Schedule
See next page
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Pricing Proposal – Request for Qualifications – On-Call NPDES/Stormwater Engineering Services 2 PAGE 1396 of 1856 TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Amber Shah, Parks & Public Works Director/City Engineer DATE: November 13, 2024
SUBJECT: APPROVAL OF AMENDMENTS TO PROFESSIONAL
SERVICES AGREEMENTS WITH TRANSTECH ENGINEERS
AND HARTZOG & CRABILL IN TOTAL AMOUNTS OF
$50,000 AND $100,000 FOR ON-CALL TRAFFIC
ENGINEERING SERVICES THROUGH JUNE 30, 2026.
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Efficient, Responsive, and Effective City Services
Fiscally Responsible and Transparent City Government
Safe Community
BACKGROUND
Historically, the City has relied upon professional on-call consultant services for technical support including in the areas of traffic engineering, traffic signal operations, and related support services. This model allows the City to maintain a small staff presence and to expand their capabilities as needed for specific initiatives or projects by utilizing these contracted professional services. On June 14, 2023, the City Council approved on-call Professional Services Agreements with two traffic engineering firms; Transtech Engineers, Inc. (Transtech) and Hartzog & Crabill, Inc. (HCI). Both agreements were for three years through June 30, 2026, with not to exceed amounts of $50,000 and $25,000 per fiscal year respectively. Based on existing workload, as well as the number of traffic-related projects and studies currently in progress or scheduled in the near future, staff recommends increasing the limits on the existing contracts to allow for increased workload by the consultants to complete these tasks in a timely manner and support staff.
Steven W. Huang, DDS, Mayor
Gretchen Shepherd Romey, Vice Mayor
Tony Chou, Council Member
Calvin Lo, Council Member
Steve Talt, Council Member
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DISCUSSION
The City’s staffing model requires reliance upon professional on-call consultant services for a variety of operational work and for capital improvement project implementation in the areas of traffic engineering, traffic signal operations, and related support services. The professional consultant services are provided on an on-call, as needed basis to fill short-term consulting needs and to meet budget goals. The Scope of Services for On-Call Traffic Engineering Services includes, but is not limited to, the following:
a) Conduct or review traffic engineering, traffic analysis, and transportation planning studies or project-specific traffic-related issues analysis. b) Provide comprehensive analyses of existing and projected traffic conditions, roundabout analysis and design, intersection design, speed humps or other calming devices, and traffic data collection services.
c) Provide electronic traffic control device studies and design (e.g. signs, signal, pavement markings, lighted crosswalks and flashing beacons) d) Perform pedestrian studies including those to provide suggested routes to school
e) Review private development projects involving traffic impact analyses, transportation modeling, area-wide transportation studies and road cost impact analyses including striping and signing plan check. f) Prepare traffic signal, signage and pavement striping/marking design including plans, engineer’s estimate of probable cost and technical specifications for modifications to existing pavement striping, marking, signals, and flashing beacons.
g) Perform engineering and traffic survey analyses, intersection control studies including multi-way stop control and traffic signal or alternatives, vehicular and pedestrian safety studies, and miscellaneous general traffic engineering services including responses to citizen complaints and/or media requests.
h) Provide traffic engineering support, accident analysis and prevention, and recommendations regarding same to the San Marino Police Department. i) Attend annually up to 6 City Council meetings (when items on the agenda may reasonably require the expertise of a Traffic Engineer) and up to 6 regularly scheduled Public Safety Commission meetings.
j) Prepare signal timing sheets consistent with traffic engineering principles to meet existing traffic needs.
The City currently has two on-call traffic engineering consultants; Transtech and HCI. Over the past year, both consultants have helped with the evaluation of various traffic conditions and traffic signal operation reviews initiated by requests for study from the Public Safety Commission’s Traffic Task Force, recommendations from the Citywide Traffic Circulation Study and staff PAGE 1398 of 1856
recommendations as part of the City Council approved Priority Initiative for Citywide Traffic Improvements. Given the number of locations requested for study, as well as multiple Capital Improvement Projects with traffic engineering components (Annual Striping, Signing, and Marking Program, Citywide Traffic Improvements Priority Initiative, Neighborhood Traffic Calming Program, Measure R 710 Project), and the work effort needed to complete these tasks in a timely manner, staff recommends amending the existing agreements with Transtech and Hartzog & Crabill to increase their contract amounts.
Currently, Transtech’s agreement is for $50,000 per fiscal year ($150,000 total), and HCI’s agreement is for $25,000 per fiscal year ($75,000 total) through the end of FY 2025-26. Staff recommends increasing both agreements to an equal amount of $75,000 per fiscal year each (representing a total increase of $50,000 for Transtech and $100,000 for HCI) for the remainder of their contracts. See table below for breakdown of costs if the amendments are approved:
Transtech
Year Amount
FY 2023-24 (complete) $50,000
FY 2024-25 $75,000
FY 2025-26 $75,000
Total for Duration of Agreement $200,000
Hartzog & Crabill
Year Amount
FY 2023-24 (complete) $25,000
FY 2024-25 $75,000
FY 2025-26 $75,000
Total for Duration of Agreement $175,000
Total for Both Firms
Year Amount
FY 2023-24 (complete) $75,000
FY 2024-25 $150,000
FY 2025-26 $150,000
Total for Duration of Agreement $375,000
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FISCAL IMPACT & PROCUREMENT REVIEW
The use of professional consultant services for on-call traffic engineering support is included in the Parks and Public Works Department Operating Budget with $25,000 budgeted annually in the Administration Division for Traffic Engineering. $25,000 is also budgeted for Specialized Engineering Services (Account # 101-40-4104-0000), some of which may be used for Traffic Engineering Services. Finally, the Department also budgets for on-call traffic engineering support within the Capital Improvement Program (CIP) Budget for CIP projects that require traffic engineering services as part of the project, including but not limited to; Annual Striping, Signing, and Marking Program, Citywide Traffic Improvements Priority Initiative, Neighborhood Traffic Calming Program, and the Measure R 710 Project. By amending both on-call PSAs for as-needed on-call services, the City is neither obligating itself nor guaranteeing any compensation to the professional consultants.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends the City Council approve Amendments No. 1 to both Professional Services Agreements with Transtech and HCI, increasing the total compensation amounts by $50,000 and $100,000, respectively, for the duration of the agreements. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to approve Amendments No. 1 to the Professional Services Agreements with Transtech Engineers and Hartzog & Crabill increasing the total compensation amounts by $50,000 and $100,000, respectively, for the duration of the agreements.”
ATTACHMENTS
1. Draft Amendment with Transtech
2. Original Professional Services Agreement with Transtech
3. Draft Amendment with HCI 4.
4. Original Professional Services Agreement with HCI
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Doc No. 2547482
AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF SAN MARINO AND TRANSTECH ENGINEERS, INC.
THIS AMENDMENT NO. 1 TO THE AGREEMENT (“Amendment No. 1”) by and between the CITY OF SAN MARINO (“City”) and TRANSTECH ENGINEERS, INC. a California corporation (“Contractor”) is effective as of November 13, 2024. City and Contractor are collectively referred to as the “Parties.”
RECITALS
A. City and Contractor entered into that certain Agreement for Professional Services dated June 14, 2023 (“Original Agreement”) whereby Contractor agreed to provide those professional services specified in the Original Agreement.
B. City and Contractor now desire to amend the Original Agreement, as amended by in accordance with Section 16 of the Agreement to increase the compensation amount by $25,000 per fiscal year, beginning in FY 2024-25 ($50,000 total).
TERMS
1. Contract Changes. The Original Agreement is amended as provided herein.
A. Section 3 of the Original Agreement is amended to read as follows:
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 $200,000 over the total duration of the contract or more than $75,000 per fiscal year (period between July 1 and June 30) beginning in Fiscal Year 2024-25. 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 the City in writing.
Pursuant to Section 2.06.05 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)
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Original Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Original Agreement, as amended by Amendment No. 1.
3. Authority. The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
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Doc No. 2453984
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 as of the date and year first hereinabove written.
City of San Marino Dudek
By:_____________________________ By:______________________________ Philippe Eskandar Signature
City Manager
______________________________
Print Name and Title
Date:____________________________ Date: ____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ________________________________ Alison Walker Joseph Montes
City Clerk City Attorney
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Doc No. 2547482
AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF SAN MARINO AND HARTZOG & CRABILL, INC.
THIS AMENDMENT NO. 1 TO THE AGREEMENT (“Amendment No. 1”) by and between the CITY OF SAN MARINO (“City”) and HARTZOG & CRABILL, INC. a California corporation (“Contractor”) is effective as of November 13, 2024. City and Contractor are collectively referred to as the “Parties.”
RECITALS
A. City and Contractor entered into that certain Agreement for Professional Services dated June 14, 2023 (“Original Agreement”) whereby Contractor agreed to provide those professional services specified in the Original Agreement.
B. City and Contractor now desire to amend the Original Agreement, as amended by in accordance with Section 16 of the Agreement to increase the compensation amount by $50,000 per fiscal year, beginning in FY 2024-25 ($100,000 total).
TERMS
1. Contract Changes. The Original Agreement is amended as provided herein.
A. Section 3 of the Original Agreement is amended to read as follows:
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 $175,000 over the total duration of the contract or more than $75,000 per fiscal year (period between July 1 and June 30) beginning in FY 2024-25. 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 the City in writing. Pursuant to Section 2.06.05 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)
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Original Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Original Agreement, as amended by Amendment No. 1.
3. Authority. The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
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Doc No. 2453984
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 as of the date and year first hereinabove written.
City of San Marino Dudek
By:_____________________________ By:______________________________ Philippe Eskandar Signature
City Manager
______________________________
Print Name and Title
Date:____________________________ Date: ____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ________________________________ Alison Walker Joseph Montes
City Clerk City Attorney
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PROFESSIONAL SERVICES AGREEMENT
between
The City of San Marino
2200 Huntington Drive
San Marino, CA 91108
&
HARTZOG & CRABILL , INC.
17852 E. 17TH STREET, SUITE 101
TUSTIN, CA 92780
This Professional Service Agreement (“the Agreement”) is made as of June 14, 2023 (the “Effective Date”), by and between HARTZOG & CRABILL, INC. (“Consultant”), a California corporation, and the City of San Marino (“City”), a California municipal corporation, (collectively, “the Parties”).
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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 June 30, 2026 unless sooner terminated as provided in Section 5.0 of this Agreement. City may exercise up to two (2) 1-year extensions contingent on an annual appropriation of budget by the City Council and Consultant’s satisfactory performance.
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 $75,000 total or more than $25,000 per fiscal year (period between July 1 and June 30). 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). 2 of 14
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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.
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 PAGE 1427 of 1856
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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.
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
7.1. 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. Gerald Stock is Consultant’s representative for purposes of this Agreement.
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 PAGE 1428 of 1856
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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: HARTZOG & CRABILL, INC.
17852 E. 17th Street, Suite 101
Tustin, CA 92780
Attn: Gerald Stock
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.
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 PAGE 1429 of 1856
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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.
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 PAGE 1430 of 1856
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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 First Class US mail 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, 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, 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, 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, and volunteers.
12.5. Any deductibles or self-insured retentions shall be declared to and approved by the City Manager. Consultant agrees 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, 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 or its PAGE 1431 of 1856
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employees in connection with the performance of design professional services under this Agreement, Consultant shall hold harmless and indemnify City, and its officials, officers, and employees serving as independent contractors in the role of City officials (collectively, “Indemnitees”), with respect to claims, demands, causes of action, costs, expenses liability, loss, damage or injury in law or equity, to property or persons, including wrongful death, the payment of all consequential damages, reasonable attorneys’ fees and other related costs and expenses (collectively, “Claims” hereinafter), including but not limited to Claims relating to death or injury to person and injury to 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, or subcontractors, in the performance of its design professional services under this Agreement. With respect to such Claims, Consultant shall, at its own cost, expense, and risk, defend Indemnitees in action or actions field in connection with Claims with counsel of Indemnitees’ choice, and shall pay and satisfy judgment, award, or decree that may be rendered against Indemnitees to the extent cause by the acts or omissions of Consultant or its employees, as determined by judicial decision or agreement of the parties.
13.2. Other Indemnities. In connection with claims, demands, damages, liabilities, losses, costs or expenses, including reasonable attorneys’ fees and costs of defense (collectively, “Damages” hereinafter) not covered by Subsection 13.1, Consultant agrees to the maximum extent permitted by law, defend, indemnify, and hold Indemnitees free and harmless from claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in manner arising out of or incident to acts or omissions of Consultant or its employees, in connection with the performance of this Agreement, including the payment of 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 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 judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and its directors, officials, officers, and/or employees, for 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, or employees. 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 subcontractor or 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 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, employees, subcontractors, materialmen, contractors, or their respective officers, or employees (or entity or individual that Consultant’s subcontractor shall bear the legal PAGE 1432 of 1856
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liability thereof) in the performance of this Agreement, except for Claims arising from the negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.
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
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 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.
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.
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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.
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
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 PAGE 1434 of 1856
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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.
24.2. Consultant further 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, 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 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.
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Exhibit A
Scope of Services
Scope of Services found on following page
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Proposal for Multi-Year Professional Services for the City of San Marino, CA