• DocuSign Envelope ID: 5BB07DA2-75BB-4E98-B019-979FC16712F1
PROFESSIONAL SERVICES AGREEMENT
LACY PARK BOX CULVERT REPLACEMENT PROJECT NO. 21-8024
between
The City of San Marino
2200 Huntington Drive
San Marino, CA 91108
CALIFORNIA 1913
&
DUDEK
605 THIRD STREET
ENCINITAS, CALIFORNIA 92024
This Professional Service Agreement ("the Agreement") is made as of January 12, 2022 (the "Effective Date"), by and between Dudek ("Consultant"), a California corporation", and the City of San Marino ("City"), a California municipal corporation, (collectively, "the Parties"). 1 of 14
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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.I. Consultant shall provide those services ("Services") set forth in the attached Exhibit A
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.
In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local laws, ordinances, codes, and regulations.
Exhibit A or Cry altan shal such worm sand for any work perfor dries at is recie 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 December 31, 2023 unless sooner terminated as provided in Section 5.0 of this Agreement.
3.0 Consultant's Compensation
City will pay Consultant in accordance with the fee schedule set forth in Exhibit B but in no event will the City pay more than $264,606. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit B, unless otherwise approved by City in writing. Pursuant to Section 02.06.05 of the San Marino City Code, this Agreement shall not be effective unless previously approved by the City Council if it is for professional services greater than thirty thousand dollars ($30,000.00).
4.0 Method of Payment
4.l. 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 2 of 14
DocuSign Envelope ID: 5BB07DA2-75BB-4E98-B019-979FC16712F1 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.
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.I. 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. I. Consultant shall deliver to City: (1) any reports on the status of the Services upon City's request and in such time and in such form as City may require; and (2) all material furnished to Consultant by City upon City's request and/or upon the expiration or termination of this Agreement.
6.2. Unless the Parties agree in writing, all draft and final reports, documents, and other written material, and any and all images, ideas, concepts, designs including without limitation any website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Consultant in the performance of this Agreement (collectively, "Work Product") shall be considered to be "works made for hire" for the benefit of City. All Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made. Consultant shall not obtain or attempt to obtain copyright 3 of 14
DocuSign Envelope ID: 5BB07DA2-75BB-4E98-B019-979FC16712F1 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 any narcotio 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.I. 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 thority of the City Manager provided in this Agreement excepting approval of any expenditu at would exceed a total compensation allowed under the Agreemer
7.2. Nicole Rieger 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 States Mail, first class postage prepaid and addressed to the party at the following addresses:
To City: City of San Marino
2200 Huntington Drive
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DocuSign Envelope ID: 5BB07DA2-75BB-4E98-B019-979FC16712F1 San Marino, California 91108
Attn: City Manager
To Consultant: Dudek
605 Third Street
Encinitas, California 92024
Attn: Nicole Rieger
8.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
9.0 Independent Consultant
9.1. Consultant is an independent contractor and not an employee of City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision.
Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
9.2. 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 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.
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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, trodriginal cecilicates 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.
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:VIlI 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 I (any auto); and, (4) Professional Liability: Insurance Services Office Professional Liability Coverage form RHIC 6101. Consultant shall maintain limits no less than:
(I) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Workers' Compensation: Consultant shall maintain Workers' Compensation insurance as required by the State of California and Employer's Liability insurance with limits of at least $1,000,000) per occurrence; (3) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (4) Professional Liability: $1,000,000 per claim/aggregate.
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 6 of 14
DocuSign Envelope ID: 5BB07DA2-75BB-4E98-B019-979FC16712F1 by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its directors, officials, or officers; (3) coverage shall be primary insurance as respects City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by City, its directors, officials, officers, employees, agents and volunteers shall be excess of Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Consultant or for which Consultant is responsible.
12.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its directors, officials, officers, employees, agents, and volunteers.
12.5. Any deductibles or self-insured retentions shall be declared to and approved by the City Manager. Consultant guarantees that, at the option of the City Manager, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, it directors, officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure 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.I. Indemnity for Design Professional Services. To the maximum extent permitted by law, and to the extent caused by the acts or omissions of Consultant, its employees, or its agents in connection with the performance of design professional services under this Agreement, Consultant shall hold harmless and indemnify City, and its officials, officers, employees, volunteers, and agents serving as independent contractors in the role of City officials (collectively, "Indemnitees"), with respect to any and all claims, demands, causes of action, costs, expenses liability, loss, damage or injury in law or equity, to property or persons, including wrongful death, including without limitation the payment of all consequential damages, reasonable attorneys' fees and other related costs and expenses (collectively, "Claims" hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, that arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, subcontractors, or agents in the performance of its design professional services under this Agreement. With respect to such Claims, Consultant 7 of 14
DocuSign Envelope ID: 5BB07DA2-75BB-4E98-B019-979FC16712F1 shall, at its own cost, expense, and risk, defend Indemnitees in any action or actions filed in connection with any Claims with counsel of Indemnitees choice, and shall pay and satisty any judgment, award, or decree that may be rendered against Indemnitees to the extent caused by the acts or omissions of Consultant, its employees, or its agents, as determined by judicial decision or agreement of the Parties. 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.
13.2. Other Indemnities. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Subsection 13.I, Consultant shall, to the maximum extent permitted by law, defend, indemnify, and hold Indemnitees free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Consultant, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Consultant shall defend Indemnitees, at Consultant's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, City, its directors, officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement
13.3. Consultant must obtain executed indemnity agreements with provisions identical to those in Sections 13.1 and 13.2 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of the Services. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnity, hold harmless, and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged, or threatened, arising or claimed to arise out of, pertaining to, or relating to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors, or their respective officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the 8 of 14
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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 Saction for orkers alompensation or de had egie sevenserace in to be insured againse liability for Workers
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.
18.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
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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.I. 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. 10 of 14
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24.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.
24.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection.
25.0 Attorneys' Fees
If either party commences any legal, administrative, or other action against the other party arising out of or in connection with this Agreement, the prevailing party in such action shall be entitled to have and recover from the losing party all of its reasonable attorneys' fees and other costs incurred in connection therewith.
26.0 Exhibits
Each exhibit referenced in this Agreement is hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.
27.0 Corporate Authority
27.1. Each person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of Consultant and that by his or her execution, Consultant is formally bound to the provisions of this Agreement.
27.2. Consultant certifies it is aware of the requirements of Sections 313 of the California Corporations Code. If Consultant is a corporate entity, it shall either: (a) provide City written proof that each person executing this Agreement on Consultant's behalf is duly authorized to bind Consultant; or (b) provide two signatories to this Agreement, of whom the first must be Consultant's chairman of the board, president, or a vice president and the second who must be Consultant's secretary, an assistant secretary, its chief financial officer, or an assistant treasurer..
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the Effective Date. 11 of 14
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CITY OF SAN MARINO CONSULTANT
- DocuSigned by:
Doseple Monaco
By:
-бTAТ2СВ3P28P42F=
Marcella Marlowe, Ph.D. (Sign)
City Manager Joseph Monaco
Name:
(Print)
Attest:
Title: President and Chief Executive Officer
anch pos (Print)
DocuSigned by:
City Clerl Christine Moore
By: •DA231A560F0D488
Approved as to Form: (Sign)
Christine Moore
Name:
or hote (Print)
Joe Montes, CFO
Title:
City Attorney (Print)
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• DocuSign Envelope ID: 5BB07DA2-75BB-4E98-B019-979FC16712F1 Exhibit A
Scope of Services
Scope of Services found on the following page
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Proposed Understanding & Approach
Project Understanding
Lacy Park is a heavily used public space in the City of San Marino, California. The park is used 7 days a
week, 365 days a year from 7 am to 6 pm for general
recreation and permitted special uses. The park is
centered around an old lakebed which is now an open
grassy field and surrounded by numerous large trees,
landscaping, walking paths, a baseball diamond, and
children's play structures. On the west side of park are public tennis courts and a rose garden. During the
summer months, the City hosts frequent events
popular with residents of San Marino and the adjacent
communities including music festivals, movie nights,
and food vendors. Dudek assumes the park will always Lacy Park Memorial for General George Smith be occupied during construction which is reflected in disturbed during construction including a historic the proposed approach that minimize impacts and building, a World Word II memorial for General George does not limit the community's ability to enjoy the Smith Patton, Jr., numerous mature trees, planted facilities. garden beds, and paved walking/access paths that are frequently used by park patrons. Potential subsurtace
Dudek understands that the box culvert traverses a utilities in the vicinity of the project alignment include large section of Lacy Park from Virginia Rd on the east electrical conduits, irrigation lines, and the park's own side to its connection to the downstream 54" RCP water distribution system. Avoidance of these features, storm drain east of the rose garden. The box culvert is as well as minimizing temporary impacts to park in poor condition and requires immediate access during construction, are the top priority for the replacement. From its upstream terminus, the culvert City and the focus of the proposed approach. Pre- immediately passes under and for the most part close construction potholing, potential CCTV video of the to surface features in the park that cannot be storm drain system, and detailed surveying will provide the design team with an appropriate level of detail to
be able to minimize impacts to the park to the
maximum extent practical.
Project Approach
The Dudek project approach is centered around
minimizing impacts to the park and keeping access for
park patrons. During the design phase, Dudek will, in
coordination with the City, identify and develop
creative solutions for replacing the culvert. This will include potentially using pipes or alternative
H: -366 V: 22* R: 0° Z: 90* L: 88.59 t
alignments if replacing in-place is determined
infeasible following existing conditions verification and Previously repaired section of the box culvert review. A final design and construction sequencing Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 14 • DocuSign Envelope ID: 5BB07DA2-75BB-4E98-B019-979FC16712F1 DUDEK
scheme that meets City requirements will be Dudek will meet and coordinate with City maintenance thoroughly documented in the project specifications. staff to determine any historical flooding conditions of This may include prefabricating the storm drain the proposed project site and adjacent tributary structures offsite to reduce the construction time streets. A Dudek Landscape Architect will conduct a within the park and including stringent penalties for site visit to review site conditions and topography, delays. The following tasks present details for how perform a reconnaissance natural resources Dudek will complete the project on time and within assessment, and review opportunities and constraints budget. for landscape improvements/remediation in support of the culvert replacement and coordinate with City staff, Task 1 Existing Conditions including the Park Maintenance Superintendent. This Verification and Review includes conducting a reconnaissance confirmation of existing field conditions reported in previous studies
for the project, and for use in preparing design
1.1 Kick-Off Meeting concepts for landscape improvements/remediation.
Dudek will conduct a project kick-off meeting with the During the site visit, we will confirm key conditions City to present work plan and project instructions, related to the landscape design, including soil types; introduce the project team, refine, clarify and discuss existing vegetation; existing park facilities, operations, project objectives, project schedule, preliminary and uses; existing irrigation systems; and other designs, City data sharing agreement, City strategies, qualitative observations. Our field review will facilitate and construction budget. Dudek will also discuss the development of the landscape design, including timing of deliverables outlined in the RFP for each task verifying and refining the elements of the design and below. This task will complete with Dudek preparing schematic details. and distributing kickoff meeting minutes
It is highly recommended that an optional task for
1.2 Site and Data Review CCTV investigation be performed on the existing box culvert. There is a section that was blocked and
The Dudek team will perform a field visit, identify key unable to be viewed during the condition assessment. site issues and constraints, and develop an overall This survey will confirm if any other laterals exist along understanding of the site conditions. Dudek will also the storm drain length that need to be accounted for in perform detailed research on the existing Lacy Park the design and will minimize disturbance to the park storm drain including review of available as-built plans, facilities in the investigation phase. topographic maps, GIS information, the City's
Stormwater System Condition Assessment, street From the information obtained during site and data base maps, tract maps, geotechnical studies and other view, Dudek will review and compile information for reports to aid in the preliminary engineering design. In project base sheets and identify potential conflict addition, it is expected that the City will provide us with locations or constraints, which may affect the design as-built plans for the existing irrigation system and of project. other landscape components in the Park.
1.3 Land Surveying and Mapping
In addition, Dudek will verify location of storm drain
facilities identified in the 2006 MPD. The specific The Dudek team will prepare a design level Aerial elements to be verified include coordinates and invert Topographic Survey (photogrammetry with elevations for laterals and inlets, manholes, junction conventional field surveying) for the area surrounding and transition structures, grade breaks, lateral storm the current storm drain culvert location using the City datum (NAS 83 & NGVD 88) and will show one-foot
drain sizes, downstream and upstream systems and
all necessary to help establish accurate alignment and contours and prominent surface features, in hydraulic capacity of the existing box culvert and its conformance with City standards. The boundary tributary laterals. component of the survey will include a field boundary Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 15 DocuSign Envelope ID: 5BB07DA2-75BB-4E98-B019-979FC16712F1 DUDEK
verification denoting current property lines and • Classify the soils within the boring. easements of record as shown on a current title report
to be ordered by the Dudek team. • Collect relatively undisturbed and bulk soils samples within the boring for laboratory
testing.
• Estimate the extent and depths remedial
grading.
• Determine the depth to ground water, if
encountered.
Soils that are encountered will be continuously logged
and classified by a Converse geologist/engineer in the
field by visual examination in accordance with the
Unified Soil Classification System. Groundwater levels, where encountered in the borings, will be recorded.
View of alignment through park Both undisturbed ring samples and/or bulk samples of The Dudek team will prepare a base map showing the the subsurface materials will be obtained at three-foot topographic survey with record boundary and right-of- to five-foot intervals changes in the boring, at changes way information. Supplemental field survey will be in soil profiles, or where unusual conditions are performed to collect the existing storm drain system encountered. The relatively undisturbed ring samples invert elevations, tree locations, and other site and will be obtained using a Modified California Sampler utility information needed in the design process. It is (2.4-inch inside diameter and 3.0-inch outside assumed two (2) days of supplemental files survey will diameter) lined with thin-walled sample rings. The soil be performed. We will prepare AutoCAD data for use will be retained in brass rings (2.4 inches in diameter in the design oof the proposed improvements. Based and 1.0 inch in height) and carefully sealed in on the location of the existing storm drain, it is waterproof plastic containers for shipment to the assumed that legal descriptions and plat maps will not laboratory. Bulk samples of representative soil types be needed. will be collected in plastic bags.
1.4 Geotechnical Investigation The boring will be backfilled with native soils/cement mix and compacted by pushing down on augers using
Dudek team member Converse Consultants will review the weight of the drill rig. If construction is delayed the the previous geological and geotechnical reports and surface may settle over time. We recommend the information for the project area and surrounding are owner monitor the boring and backfill any settlement including groundwater depth information. A site or depression that might occur or provide protection reconnaissance and sub surface exploration activities around the area of the boring locations to prevent trip will be conducted by drilling two borings to a depth of and fall injuries from occurring near the area of any 10 to 15 feet below existing ground base on the potential settlement. estimated proposed storm drain depth of 4 to 7 feet
below existing ground. The boring will be drilled with a Soil samples obtained during exploratory drilling will be truck-mounted rig (CME 75 or equivalent) equipped tested in our laboratory to evaluate their physical with 8-inch diameter hollow-stem augers for soils characteristics and engineering properties. Laboratory sampling. The purpose of the borings is as follows. testing may include, but will not necessarily be limited to, the following.
Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 16 DocuSign Envelope ID: 5BB07DA2-75BB-4E98-B019-979FC16712F1 DUDEK
In-place moisture and density. impact the design and constructability. The potholing services are anticipated to occur after the schematic
• Expansion Index design phase as part of the design development phase and the pothole locations will be surveyed. This task
• Soils Corrosivity. will also include coordination with utility agencies to receive information on utility locations and size to
Sieve analysis.
avoid potential conflicts. It is anticipated that ten (10) potholes will needed to locate existing utilities.
• Laboratory maximum density.
Potholing effort may require traffic control plans and
• Direct shear. permitting through the City. It is assumed there is no fee for City permits. Additional potholing may be
• Consolidation performed for an additional fee.
Data obtained from the exploratory borings and Task 2 Schematics (30% laboratory testing program will be evaluated to prepare Design Phase)
a report which will include the following: project
description, present condition of the park along the
storm drain alignment, logs of the exploratory borings, 2.1 30% Design Plans depth of groundwater, if encountered, discussion on Drawings will include, at a minimum, all major plans the laboratory test results including soils corrosivity, and sections developed with key details developed. local geology and faulting, seismic parameters based The limits of construction will be defined, and the on 2019 California Building Code, liquefaction project description will be determined for potential along the alignment based on available environmental review and permitting needs. Dudek information, allowable soils bearing pressures, team member Kelsey Structural will provide support allowable at-rest, active, passive and seismic lateral for the structural system selection and feasibility on earth pressures, settlement estimates, storm drain the design and provide design criteria related to the box bedding recommendation in accordance with the structural design. This task also included the City of San Marino, excavatability of the soils along the development of landscape design criteria which will storm drain box alignment, jacking and receiving pits include measures to minimize impacts on existing park backfilling recommendations, stability of temporary operations and use and aesthetics. Landscape trench excavations, suitability of excavated materials remediation treatments will allow for quick reuse of for use as bedding and backfill, storm drain box the park upon completion of the culvert replacement subgrade preparation recommendation, and storm construction. For example, sod may be prescribed for drain box backfill recommendations. turf area repairs.
This task assumes no fees will be required from the Deliverables:
City for an encroachment permit and restrictions on
boring locations will be established early in the design Digital files of full size plans (scalable) process. The task will also include review of right-of- • Draft reports way constraints including street right-of-way,
construction easements and utility easements. 2.2 Drainage Analysis
1.5 Utility Research A hydrology and hydraulics analysis will be needed to properly size the storm drain system. Dudek will
The utility research will be performed in to determine prepare a drainage report based on the County of Los potential utility conflicts for the proposed design. If Angeles hydrology (rational method) and hydraulic needed, potholing services will be performed by methodologies. It is assumed that the system will be Underground Solutions to locate utilities that may designed for the 50-year frequency based on Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 17 DocuSign Envelope ID: 5BB07DA2-75BB-4E98-B019-979FC16712F1 DUDEK
procedures and guidelines in the Los Angeles County and irrigation improvements/remediation for the Hydrology manual. A drainage report will be prepared project. Our construction drawings will consist of and submitted with the schematic design phase and planting notes, plant lists, and planting plans updated as necessary for the subsequent submittals. addressing the physical relationships of landscape improvements/remediation treatments, and related
Task 3 Design Development details. In addition, we will prepare construction drawings for irrigation system retrofits to facilitate
(80% Design Phase) plant establishment. It is assumed that the existing irrigation system can be modified to water the
3.1 80% Design Plans plantings needed for the landscape Drawings will include, at a minimum, all major plans improvements/remediation to address the culvert and sections developed, and a portion of details replacement. If needed, any new irrigation developed. City comments from the 30 percent plans components will be tied into the existing system. will be addressed along with a response to comments
matrix. 3.4 Technical Specifications
To complement the construction drawings and
Deliverables:
communicate the level of quality required during
construction, Dudek will prepare the Special Provisions • Digital files of full size plans (scalable)
portion of the Construction Specifications and
• Draft reports
Contract Documents suitable for bidding and awarding
of the Contracts for the civil engineering improvements
3.2 Structural Analysis and Design to be constructed.
The Dudek team will provide structural drawings,
specifications and calculations for the storm drain It is anticipated that the City will provide standards and improvements including precast structure section, examples that will used in the preparation of the manhole and lateral tie-ins and up to 2 custom project specifications. The fee for this work item is concrete structures at the inlet and outs of the system. based on the preparation of one master set of project The preliminary structural design of the new box or specifications for the proposed improvements and pipe culverts will include minimum wall/slab thickness excludes the development of specifications for and reinforcing. Box/pipe culvert sections are multiple construction phases or additional anticipated to be standard precast concrete sections specifications for bidding purposes. Specifications for with a final design that will be performed by the the project will conform to the most recent applicable contractor/precast manufacturer. Anticipated detailing standards and specification from the City or Standard includes pour/closure strips for tying structural Specifications for Public Works Construction. sections and waterproofing. Concrete sections are
anticipated to be standard precast concrete sections To complement the construction drawings and communicate the level of quality required during
with a final design that will be performed by the
contractor/precast manufacturer. Structural plans, construction, we will prepare detailed technical sections and associated details with be provided for sections of construction specifications for the the concrete structures. Structures will be detailed so landscape improvements/remediation treatments. The construction specifications will be prepared in a City- that they may be prefabricated to allow for off-site
directed format; up to 4 technical sections will be
construction and simplistic installation.
prepared, including site preparation, irrigation system,
3.3 Landscape Design planting and seeding, plant establishment maintenance. In addition, we will provide input for
Dudek landscape architects will prepare landscape landscape bid items. architecture construction drawings addressing planting
Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 18 • DocuSign Envelope ID: 5BB07DA2-75BB-4E98-B019-979FC16712F1 DUDEK
3.5 Construction Cost Estimate Title Page & Index - 1 sheet • Legend & Notes - 2 sheets
Dudek will provide engineering services for the
preparation of the construction quantity and Demolition Plans - 2 sheet engineer's cost estimate. The quantities will be • Construction Details - 2-3 sheets developed from the final construction plans prepared • Grading/Storm Drain Plans (20 scale) - 4 for the project improvements. Unit costs will be based sheets upon the most current cost information for recent
• Landscape and Irrigation Plans & Details - 11
similar projects in the area compiled by Dudek and sheets approved by the City. Construction costs will include an estimate of excavation requirements, traffic control • Structural Notes & Details - 8 sheets plan implementation, tree protection and landscape Final reports repairs. Two quantity and cost estimates will be Specifications prepared at (1) 80% project submittal, and (2) 100% • Construction Cost Estimate project submittal.
• AutoCAD files of the entire construction
Dudek will refine and prepare a detailed construction drawing set cost estimate for the landscape
Task 5 Bidding and
improvements/remediation treatments of the project
to ensure that the design will conform to the Procurement Support construction budget. As with the Detailed Design
estimate, this estimate will include a brief description, Dudek will provide support services as required during identification of the relevant unit, approximate the bid/award phase for any questions/clarifications quantity, unit cost, and calculation of the extended from the contractor and prepare any revisions that may cost for each item based on construction bids received be necessary. This task will include 4 RFl's maximum, from past projects, industry standards, and our and 1 Addendum maximum. professional experience
Task 6 Construction Support
Task 4 Construction Phase
Documents (Final Design Phase)
Dudek will provide engineering support services during
construction of the project which will include response
4.1 Final Design Documents
to RFl's, evaluation of value engineering or change
The drawings and specifications shall be stamped and orders, attendance at site meetings, review of signed by a professional engineer of the appropriate submittals (shop drawings), and preparing engineering discipline, as well as landscape architect construction changes to the drawings. This task registered in the State of California. In addition, the assumes up to two (2) site/construction meetings, Final submittal will address or resolve all City response to up to ten (10) RFls, review of up to three comments from the 80-percent progress submittal (3) shop drawings, and review of three (3) change package. orders at City's request. This task does not include Construction Management.
Deliverables:
Task 6.1 Landscape Construction
Digital files of full size plans (scalable). We have
Field Support (Optional)
allocated the following plan sheets (30 sheets total) in our scope and budget: If requested by the City, our landscape bid assistance services will include additional field support during the construction phase to return the park back to its
Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 19 DocuSign Envelope ID: 5BB07DA2-75BB-4E98-B019-979FC16712F1 DUDEK
current condition. These services will include clarifications or recommendations to construction participating in 1 pre-bid meeting with prospective operations for the City's use in coordinating with the contractors and evaluating submitted bids. During the contractor. We expect to be on site 2 days during pre-bid meeting, Dudek will present the project goals project construction to conduct our field review and and objectives relative to the landscape reporting. As noted above, we expect, and our scope improvements/remediation treatments addressed in assumes, that the periodic field reviews will occur on our PS&Es and participate at a site tour for prospective the same days as the onsite coordination meetings for bidders. Upon reviewing the contractor bid proposals efficiency. If additional site observations are and qualifications, Dudek can provide our requested, Dudek will provide these under a scope recommendations for contractor selection by way of a augmentation. written memorandum. We will participate in 1 bid
evaluation meeting with the City; it is assumed that the Upon completion of all construction work we will meeting will occur virtually by way of Zoom, Microsoft conduct 1 Final Project Acceptance landscape Teams, or similar software. observation with our Engineering design team, the City, the contractor, and others as necessary, to evaluate
During construction, a Dudek landscape architect will the contractor's conformance to the Final Submittal participate in regular meetings before, during, and landscape PS&E, and project schedule. Our Final upon completion of the construction. We expect that Project Acceptance assistance will be focused on the the meetings will include up to 1 pre-construction landscape improvements/remediation treatments. We meeting at the project site and 2 additional expect that the meetings will include 1 final coordination meetings at the project site during acceptance project site meetings. construction progress. We expect, and our scope
assumes, that the construction progress site If, after an observation, we are satisfied with the observations. We will prepare written meeting minutes landscape construction to date, we will provide our following each meeting to document the proceedings, written recommendation to the City for a notice of and action items resulting from the meetings. We will provisional acceptance of the landscape construction provide our meeting minutes by way of email to the for consideration by the City. If, after an observation, City for their use in circulating the notes to all parties we are dissatisfied with the landscape construction to involved. date, we will prepare a written punch list to the City's attention of recommended corrective actions on
While onsite for the coordination meetings, Dudek defective, unacceptable, and/or incomplete work. We landscape architects will provide onsite field review will conduct 1 additional site observation to re-observe and observations of the project's landscape the project for completion of the recommended construction progress for the landscape corrections. The re-observations will not occur until all improvements/remediation treatments. As part of our punch list items from any previous observations are field review, we will provide recommendations for any corrected. If, after the re-observation, we are satisfied design adjustments as needed to field-fit the with the landscape construction, we will then provide landscape design to unexpected site conditions, and to our written recommendation to the City for a notice of facilitate proper scheduling and phase sequencing for provisional acceptance of the landscape construction project success. We expect that the field review will for consideration by the City. This task does not include observations of the contractor's layout of the include Construction Management. landscape improvements/remediation treatments. In
addition, we expect to observe the contractor's Task 7 Close Out Phase progress of site preparation for planting, irrigation
system retrofits, and planting efforts. Following each Once the project has been deemed complete, Dudek observation, we will prepare field reports summarizing engineers will review the redline construction plans the landscape installation progress, observations, and
Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 20 • DocuSign Envelope ID: 5BB07DA2-75BB-4E98-B019-979FC16712F1 DUDEK
from the Contractor and will prepare the record as- from the onset of the project provides the project build plans for archive by the City. manager with the early warning indicators necessary to manage the work effort and protect the project
Task 8 Project Management & budget.
Meetings Dudek will attend project meetings at kickoff, Schematic Review, Design Review, and Construction
Dudek will provide a project progress report each
Review or as needed or requested by the City to
month with our invoice that will include tasks
completed for the reporting period, tasks anticipated provide consulting services related to project for the next period, schedule status and updates and a coordination. The purpose of these meetings may summary of the project budget expenditure to dates. include a review of the progress of work included in this Contract, or consultation and discussion needed
Project schedule, budget and progress are monitored on project issues. Consultation will be provided with by earned-value schedules and budget tracking. The the City to resolve design related issues and ensure tracking system uses the project Work Breakdown the progress of the project. The meetings and Structure (WBS), combined with the project schedule consultation allow adequate communication with the to map the estimated projected accumulation of cost City to allow input and feedback during the design from beginning to end, referred to as the Base Line. As process. This task has been budgeted for three (3) the project advances, the project manager virtual meetings for design reviews. communicates with the team on a regular basis to
evaluate each task for completion and compares total Task 9 Additional Services earned value to project billings to establish a highly
If requested by the City, the Dudek team will provide
accurate budget status at any point in the project. additional technical support to the City under a contact Proactively managing the project schedule and budget scope and cost augmentation.
Proposal for Civil Engineering Services for the Culvert Replacement Program - Lacy Park Box Culvert Replacement Project No. 21-8024 21 DocuSign Envelope ID: 5BB07DA2-75BB-4E98-B019-979FC16712F1 Exhibit B
Fee Schedule
Fee schedule found on the following page
14 of 14
DocuSign Envelope ID: SBB07DA2-75BB-4E98-8019-979FC16712F1 P2211168 (Lacy Park Box Cuiver Replacement Project)
City of San Marino DUDEK
P2211168 (Lacy Park Box Culvert Replacement Project)
DUDEK FEE ESTIMATE
12/10/2021
Dudok Labor Hours and Rales Subconsullan! Fees
Project
tanageri Project Engineer. Project Engineer Principal Project roinct Team Rofes Engineering Engineer it Sprcialist Vi Specialist Vi Coordinator General Services General Servies General Services Sonoral Somiens General Strvices Project Engineer Converte Michael Baker
TOTAL
Toan Member: Nicole Rieger : Shoonpa Brown #Technician i Chades Greely John Zand Armstrong Jobn Minchin Michelle Kinne/i Calvada Consultants Intomalionel
DUDEK DUDEK LABOR
Dinah Rate $235.00 $190.00 $185.00 $265.00 $160.00 318000 205 00. 24006 HOURS COSTS Fce Fce COSTS
TOTAL FEE
Task 1 Eslating Condison Vertfication and Review
1.1 Kokelf Meeteg $3.270.00 3140 00 $3,410,00
Ste and Data Review $9,290.05 $845.60 $10,138.60
13 Land Surveying and Mapping 760 07 $29,975.00 $30,735 00 Geeechnical invessgaton $760.00 $9.707.50 $10,467.50
Usity Reseach $5,670.00 $10,584.50 SIRECA CO
Subtotal Tatk 1i $19.750.00 $988.60 $71,305.60
Task 2 Schematice (30% Design Phass) $21,620.00 121.620.00 Toak 22 Drainage Analyais $11,248.00 $11,240.00
Taek 3 Deeign Developmant (00% Design Ptraso)
21 80% Desion Plano $10,240.00
$10,240 C0
Bructural Analynis and Design $760.00 $28.598.00 $27.353.00 33 Landscape Desgo 40 $7,370.00 7 270 m
Technical Soeclications $9.080.00 $9.590.00
Construction Cost Extimate : 31.910.00 $4,51000
Sabotal Task 31 176 $33,260.00 $59.853.00
Task 4 Construction Documents (Final Doeion Ph T42O9S $18,700.00 $28.700.00 Bidaing and Procuroment Support 35,630.00 $5,830.09
Teak & Construction Support Phate S15.020.00 $280.00 $16.200.00 Task 7 Close Out Phase $11,410.00 $19.410.00
Tack 1 Project Managament & Meetinga
= Profect Managemert $9,290.00| $8.280.00
Meerings $2,550.00 $2,55000
8.3 DAICIC $11,000.00 $11,000.00
Subtotal Task 8 $11,840.00 | $22.840.00
Total Hours = 370
Totar $22,420.00 168,450.00 $32 760 00 512 500.00 52,24000 $159,370.00 $9.707.50 $26.598.00 510 B84 30 Parcant of Houre (Beso) 4%
Optional Servies
Task 5.7 Landecape Construction Field Sopport $12.960.001 $2,842.80 $15,802.80 Total Optional + Base Hours and Fec 118 5172,333.00 $29.975.00 59,707:50 526.538.00 01 $11.000.00 $10,064.50 94,111.40 8264,406.40 Percent of Hoars (Optonal + Base) E
Pape 1 of 1
& DocuSign Envelope ID: 490E8457-9B7E-4F8C-9A07-7F43343AB32B AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF SAN MARINO
AND DUDEK
THIS AMENDMENT NO. 1 TO THE AGREEMENT ("Amendment No. 1") by and between the CITY OF SAN MARINO ("City") and DUDEK a California corporation ("Consultant") is effective as of September 13, 2023. City and Consultant are collectively referred to as the "Parties"
RECITALS
A. City and Consultant entered into that certain Agreement for Professional Services dated January 12, 2022 ("Original Agreement") whereby Consultant agreed to provide those professional services specified in the Original Agreement.
B. City and Consultant now desire to amend the Original Agreement City and Consultant now desire to amend the Original Agreement, in accordance with Section 16 of the Agreement to increase the compensation amount by $80,400, include an additional twelve months of service from January 1, 2024 through December 31, 2024, and incorporate additional services into the scope of work.
TERMS
Contract Changes. The Original Agreement is amended as provided herein. 'A. Section 2 of the Original Agreement is amended to read as follows:
2.0 Term
The term of this Agreement shall commence as of the Effective Date and shall continue through December 31, 2024, unless sooner terminated as provided in Section 5.0 of this Agreement.
B. 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 $345,006. 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).
C. Exhibit A (Scope of Services) shall be amended to include the attached proposal.
Doc No. 2547482
DocuSign Envelope ID: 490E8457-9B7E-4F8C-9A07-7F43343AB32B 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.
Authority. The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (1) such party is duly organized and existing, (il) 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.
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
-DocuSigned by:
By: Thup U By: Joseple Monaco
DTAT2CBSF28F42
Philippe Eskandar monatur
City Manager
Joseph Monaco, President and CEO
Print Name and Title
Date: September 18,2023 Date: September 14, 2023
APPROVED AS TO FORM:
Joe Montes
Acting City Clerk City Attorney
Doc No. 2453984
Docusign Envelope ID: DF13744A-FE58-40EB-96D7-21D5ABEAEEBD AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF SAN MARINO
AND DUDEK
THIS AMENDMENT NO. 2 TO THE AGREEMENT ("Amendment No. 2") by and between the CITY OF SAN MARINO ("City") and Dudek, a California corporation (Consultant") is effective as of December 11, 2024. City and Consultant are collectively referred to as the "Parties."
RECITALS
City and Consultant entered into that certain Agreement for Professional Services dated January 12, 2022 ("Original Agreement") whereby Consultant agreed to provide those professional services specified in the Original Agreement.
City and Consultant entered into Amendment No. 1 to the Original Agreement between the City and Consultant dated September 13, 2023 to increase the compensation amount by $80,400 to a new compensation amount of $345,006 and include an additional twelve months of service from January 1, 2024 to December 31, 2024.
City and Consultant now desire to amend the Original Agreement, as amended by Amendment No. 1, in accordance with Section 16 of the Agreement to include an additional twelve months of service from January 1, 2025 to December 31, 2025.
TERMS
Contract Changes. The Original Agreement is amended as provided herein.
A. Section 2 of the Original Agreement is amended to read as follows:
2.0 Term
The term of this Agreement shall commence as of the Effective Date and shall continue through December 31, 2025 unless sooner terminated as provided in Section 5.0 of this Agreement.
Continuing Effect of Agreement. Except as amended by Amendment No. 1 and this Amendment No. 2, all provisions of the Original Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term "Agreement" appears in the Agreement, it shall mean the Original Agreement, as amended by Amendment No. 1 and Amendment No. 2.
Authority. The persons executing this Amendment No. 2 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (i) they are duly authorized to execute and deliver this Amendment No. 2 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. 2, and (iv) the entering into this Amendment No.2 does not violate any provision of any other agreement to which said party is bound.
Doc No. 2547482
Docusign Envelope ID: DF13744A-FE58-40EB-96D7-21D5ABEAEEBD IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 as of the date and year first hereinabove written.
City of San Marino Dudek
- Signed by:
By Philip andr, By:_ Joseph Monaco
-
-07A1208F282f. Signature
City Manager
Joseph Monaco, President and CEO
Print Name and Title
Da: 1/24/25 Date: December 16, 2024
ATTEST: APPROVED AS TO FORM:
Al's Wil
Tison Walke se Mont
City Clerk City Attorney
Doc No. 2453984