Agenda packet, adjourned meeting, first session — San Clemente City Council, April 5, 2022 (part 2 of 3)

References-.

Clemente's Ge
257 West
1519 Calle Valle• San Clem~nt~, CA 92672
(949) 492-3735 • Fax (949)492-1891
Email: [email protected]
eotechnical Investigation in Response to City of San
sons for Repair of a Major Landslide Southwest of
., 1cal Review of Geotechnical Investigation and
rt for the Repair of a Major Landslide Southwest of 257 West Marquita s dated September 8, 2021, San Clemente, California, 92672", Project ber 22, 2021 •
iates (P&A), 2021a, "Preliminary Geotechnical Investigation and Study for ial Grading of the 2015 Bluff Landslide and Proximity above City's Linda Lane Involving Terrain of 257, 259 and 261 W. Marquita, San Clemente, California of Tract 9840 and Lots 23 and Lots 24 of Tract 9839)", JN 20G20156, dated _ 8, 2021

3. P&A, 2021b, "Bluff Stabilization Plan, 257, 259, 261 West Marquita, Lot 22, 23, 24, Block 17 and Lot 47 Block B of Tract 793, San Clemente, California 92672", Sheets C-1, C-6, C-7, Cl 0.2 & C-15, JN 20E20158, Plot Date September 8, 2021 JN: 22G22003
Dear Mr. Racich / Mr. Rebensdorf:

In accordance with your request, this cost estimate has been prepared regarding the above referenced project. 4-5-22 I 61-6
22822003
259 W. Marquita, San Clemente, CA
The proposed City recommendations are as follows:

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Revised Cost Estimate

1. Drill one exploratory hole at the top-of-slope on 259 W. Marquita to a depth of 100-feet with continuous orientated core drilllng. Install one slope inclinometer.

2. Drill one exploratory hole on the active landslide to a depth of 10-feet MSL (±) or per direction from both P&A and LGC engineering geologists. Estimated depth of hole is 50-to 55-feet (±). Continuous coring of samples by orientated core drilling; log collected drill coring samples onsite and offsite by P&A and LGC engineering geologists. Core samples to be stored in core boxes (wood) and not dis d.

3. Engineering geologist to log coring samples (exploratory hole #1 and #2).

4. Slope inclinometer readings will be taken monthly in the rear yard expl grading begins.

5. Prepare additional analysis for geologic sections, slope s geology analysis along with soil design parameters
geologist and geotechnical staff; along with administrati • meet and gineering
e report b gineering
rigs, site clearance, telephone
I email discussions, etc.

COST ESTIMATE
ITEM 1: 100-FT. DEEP ExPLORAT
ITEM
pdated Geologic Sections:

ITEM3:

Slope lnclinomet quipment Rental:

Slope Inclinometer Readings, Download & Prep Data (cost per trip): $ 600.00 100' Slope Inclinometer (Monthly - 12 Months):
50' Slope Inclinometer (Weekly - Estimate 6 Weeks):

ITEM 4: RESPONSE REPORT PREPARATION
Engineering Analysis; Updated Slope Stability Analyses; Response Report Preparation; Meetings and Telephone Discussions; Administrative Preparation, etc.:
$15,000.00
$9,000.00
$15,000.00
$1,625.00
$7,200.00
$3,600.00
$16,000.00
Peter and Associates, Inc. • 1519 Calle Valle • San Clemente, CA 92672 • (949) 492-3735 • Fax (949) 492-1891 www.peterassoc.com 4-5-22 / 6l-7
22822003
259 W. Marquita, San Clemente, CA
ITEM 5: ACCESS FOR DRILL RIG

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Revised Cost Estimate
Clear access for drill and replace BMP's (Sand Bags & Waddles; Vegetation Debris to Dump): $ 7,500.00 ITEM 6: CONTINGENCIES
15% of Estimated Total (Items 1-5): $74,925.00 (x) 15%
ESTIMATED TOTAL: $86,163.75
The above cost estimate is considered an estimate based on the current geotechnical investigations, additional work may be required by the Ci. additional costs may be needed.

If you have any questions or require clarification, please contact sincerely appreciated.

Very truly yours,
Stephen B. Peter, P.E.

President
RCE 38623, Exp. 3/31123
$11,238.75
• ements. For additional
al Commission and
t service is
Peter and Associates, Inc. • 1519 Calle Valle • San Clemente, CA 92672 • (949) 492-3735 • Fax (949) 492-1891 www.peternssoc.com 4-5-22 / 61-8
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Department:
-Prepared By:

Subject:

Fiscal Impact:

Summal'JI:
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Utilities

AGENDA REPORT

SAN CLEMENTE CITY COUNCJL MEETING
Meeting Date: February 2, 2021
David Rebensdorf, Utilities Director
Attachment 2
Agenda Item ~
Approvals:

City Manager .... 8""'--_
Dept. Head ()¥-
Attorney --- Finance.Sc:,
APPROVAL OF A FIRST AMENDMENT ro THE PROFESSIONAL SERVICES AGREEMENT WITH PETER AND ASSOCIATES FOR GEOTECHNICAL. DESIGN SERVICE RELATED TO SLOPE REHABILITA_TIDN ADJACENT TO LINDA LANE PUMP STATION, PROJECT No. 21208.

Yes. A supplemental appropriation ls requested from the Sewer Fund Depreciation R1.3~e.rve in the amount of $46,207 to account number 054-476-45300-000-21208.

There is adequate· funding for the _proposed expenditure within the Sewer Fund Dep.reciatiol1 R.eserve. The proposed contract increase Is from $108,904 to $155,111 :an~ will be cost shared in accordance· With the Operating Memorandum for the Marquita Slope Interim Reconstructron Work. •
Staff recoll)mends the City -Council approve a First .Amendment to the Professional Services Agreement wlth Peter and Associates for Geotechnical design to protect Linda Lane Pump Station. •
. Discussion: On November 17, 2020 tlie City Council approved an Operating Memorandum-for the Marquita Slope Interim Reconstruction Work between the City and three private . properties on West M~rquita to design the rehabilitation of the coastal bluff adjaceht to Linda Lane Pump Station. As part of the Agreement, the City entered into a Professional Services Agreement with Peter and Associates to. complete the geotechnicai design. A portion of the design work in 2019 which included developing a Bluff Stabiliza.tion Report, inclinometer readings, updated fopographical map and meetings with the California Coastal Commission were intelided to be funded by the City as part of the Operating Memorandum, but were not included in the original Petet ahd Asiociates Professional Services Agreement. Staff is requesting to ·include these services as part of a First Amendment to the contract. "If the project.moves forward, the City.s cost share -for the geotechnical design is 60%. Additional detail related to the project and Opf}rating Memorandum is provided ih the November 171 2020 Agenda Report .as A~tachment 2. •
Recommended
Action: STAFF RECOMMENDS THAT the City Council:

1. Approve and authorize the Mayqr to execute, Amendment No. 1 to Contract C20~ 61, by and between the City of San Clemente and Peter and Associates., provid_ing for geotechnical services fo_r Slope Rehabilitation adjacent to Linda Lane Pump Station. This Amendment inv:reases the contract from $108,904 to an amount not to exceed $155,111 ·(an increase of $461207); and
Utilities Agenda Report
2N2-21 / 6H-1
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Agenda Report Page2

2. Approve a supplemental appropriation from the Sewer Fund Depreciation Reserve( '' -~ in the amount of $46,207 to account number 054-476-45300-000-21208. •• Attachments: 1. First AITlendment to the Professional Services Agre~rnent.

2. November 17, 2020 Agenda Report.

Notification; None.
i:\ou\secure\staffiadmlo\agenda-admln reports\2021 admlns\2-2-21\2-2-21-2r peter and associates fin.I amendment.clocx 2-2-21 / 6H-2
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Attachment 1
FIRST AMENDMENT TO . PROFESSIONAL SERVICES AGREEMENT FOR .

GEOTECBNICAL DESIGN CONSULTING SERVICES-MARQUITA SLOPE

INTERIM RECONSTRUCTION WORK FOR SLOPE REHABILITATION ADJACENT TO LINDA LANE PUMP STATION, PROJECT NO. 21208
This First Amendment to Professional Services Agreement for Geoteclmical Design Consulting Services (this '~irst Amendment',) is made and entered into on this_ day of _ __, 2021, by and between the CITY OF SAN CLEMENTE, a California municipal corporation ("City'), and Peter and Associates, 'Inc., {"Contra.ctor'1, • A. City and Contractor entered into that certain Professional Services Agreement for Geotechnioal Design Consulting Services (the ''Agreemenf') on November 17, 2020.

B. City and Contractor desire to amend the Agreement in the manner provided herein.
.Q O :YJ!NANI.S.:

Section 1: Section 3.1 Scope of Services and Term of the Agreement is hereby amended by adding additional services. In addition to the services to be performed by Consultant as referenced in Exhibit A to the Agreement, Consultant shall also perform those services desttibed in Exhibit "N' to this First AmendmentJ which exhibit is attached hereto and incorporated herein by this reference. •
Section 2: Section 3.3 Fees and Payments: Maximum Payment Amount is hereby amended to add additional services as shown in Exhibit "A", and to increase the tnaximum amount of the current conti·act :from $108,904 to $155,111 (an increase of$46,207 for the remainder of the contract).

Except as expressly amended by this First Arµendment, the rema.ining portions of the Agreement shall remain in full force and effect.
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IN WI'I'NGSS WHEREOF, the pries hereto have oaused this First Amendment to be duly exeoutecl on the respective dates set fol'th opposite their signati.u:es.

ATIEST:

CITY CLERK of the City of
San Clemente, California
Approved as to form:

BEST BEST & KRIEGER
,city Attorney
Finance Authorization

CITY OF SAN CLEMENTE
By: ------------
Its: ___________ _
Dated:_· ______ __.20_
PETER & ASSOCIATES, INC.
{''CONTRACTOR")
By:._,_. __________ _
Its: ------------
Dated: ______ _-:,20
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EXIDBIT ''A"
Please see attached Invoice Statement Letter from Pete.t & .. Associates dated January 21, 2021. 2-2-21 / 6H-5
4-5-22 I 61-13
January 21, 2021
Mr. Tim Raclch
CALPAC Properties, LLC
-27372 Aliso Creek Road
Aliso Viejo, CA 92656
(949) 487-6849 Cell
[email protected]
David Rebensdorf
Utilities Director
City of San Clemente
380 E. Avenida Pico, Building N
San Clemente, CA 62672
(949) 361-6130 •
[email protected]
15 I~ Cnlfe Valfe • $}'In Cleinenre. CA ~672
(949) 4.lla-$o/is-, l!il.~ _(9;f g)-ll,9J..ll!9 l
Emalt: fnfo@peterll&SOc,CQm
JN's: 18E18163
19319029
19G19045
19E19068
• SUBJECT: Invoice Statement Letter Regarding Services Rendered for'Rear Slope Faflure at 259 W, Marquita, San Clemente, CA 92672 ••
Referonces: 1. Peter & Associates (P&A)1 Invoice 1905909, JN 19S19029, dated May 1, 2019 2 . . P&A, Invoice 1905910, JN 19619045, dated May 1, 2019

3. P&A, Invoice 1905911, JN 19E19068, dated May 1, 2019

4. P&A, Invoice 1907956, JN 19619045, dated July 18, 2019

5. P&A, Invoice 20111356, JN 18£181631 dated November 11, 2020 Dear Mr. Raclch / Mr. Rebensdorf:

In accordance withthe'City's requirement and per your request and authorization, this letter has been prepared to summarize the scope of the invoices for the above referenced project.

Following is a detalled list of the Invoices and their corresponding scopes. Coples of all invoices have bean attached to this letter, for ease of reference.
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lnvorce Statement Letter Paga 2
259 W. Marquita, San Clemente, CA

INVOICES
• INVOICE }905909: BWFFTOPOGRAPHIC SURVEY JN: 19S19029
Dated: May 11 2019
Scope: Preparation of an updated topographic map showin!J' extents of bluff failure in comparison to previous topographic map prepared in 2018.

Reference: "Topographic Map- Blllff Failure, 259 West Marquita, San Clemente, CA 92672", JN 19S19029, dated March 9, 2019
Total: $ 3,562.50
• INVOICE 1905910: BLUFF TEMPORARY STABILIZATION OVERSIGHT & GE0TECHNICAL INVESTIGATION JN: 19019045 Dated: May 1, 2019
Scope: Various meetings with City personnel at City Hall and at the subject site; oversight of temporary gradina and trenching operations. Preparation of an updated geotechnlcal Investigation report, Including: subsurfaoo investigation (drllllng, logging and sampling of exploratory- borings), installation of slope inclinometers, laboratory testing, slope stability analyses, Inclinometer read! ngSi cross-section and report preparation.

Reference: "Slope Stability Analysis of Existing Failed Bluff Configuration Showing Location of 1.5 Factor of • Safety Line, 259 w_. Marquita, San Clemen~e, CA 92672", JN.19G19045, dated Aprn 9, 2019 Total: $32,650.00
• (NVOICI: 1905911: BLUFF EROSIQN REPORT JN; 19E19068
Dated: May 1; 2019
Scope: Preparation of a bluff erosion /slope stabilif,Y report per Coastal requirements.

Reference: 11Coastal Bluff Top Retreat Evaluation for 259 W. Marquita, San Clemente, CA 92672°, JN 18E18163 [19£19068], dated April 9, 2019
• INVOICE 1907956: SLOP; INOLINOME.TER READINGS
Dated: July 18,.2019
. .

Total: $ 2,556.00
JN: l9G10045
Scope: Continued slope inclinometer readings until probe refusal; preparation of summary report Reference: "lnclinometer Summary Report, 259 W, Marquita, San Clemente, CA", JN 19G19045, dated May 22, 2019
Total: $ 2,058.15
Peter and Associates, Inc. • 1619 Calle Valle • San Clemente, CA 92672 • (949) 492-8735 • Fax (949) 492-1891 www.peterassoo.com 2-2-21 / 6H-7
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lnvoloe statement Latter
259 W. Marquita, San Clemente, CA
• INVOICE 20111356: PROJECT MANAGEMENT JN: 18E18163
Dated: November 11, 2020
Scopa: • Preparation of an "optlonsn letter r1;1port per City and Coastal. requirements, including:
coordination with Steve Smith,. Tim Racich, and representatives from the City of San Clemente and the Coastal Commission to discuss the proposed-options; preparation of exhibits for each • proposed option; revisions to options and exhibits; and various Zoom meetings, as needed.

Preparation of a cost estimate for proposed additional geotechnlcal Investigation based on the results of the Zoom meetings. •
Reference: "Options for 259 W. Marquita, San Clemente, CA 92672, Based on Telephone Conversation with the Coastal Commission and City of San Clemente on Monday, July 13, 2020", JN 18E18163, dated August 5, 2020
"Cost Estimate for Proposed Additional Geotechnlcal Investigation and Updated Bluff stabilization Plan in Response to City of San Clemente's Report Review Checklist for Proposed Slope Stabilization and Construction of Pi:oposed New Duplex Building to Replace Existing House Which Will Be Oemollshecl, 259 West Marquita, San Clemente, CA 92672", JN 18El8163, dated October 26, 2020
Total: $ 5,379.00
THE TOTAL DUE FOR ALL OUTSTANDING INVOICES IS: .$46,206:25 If you have any questions or require clarification, please contact this office. This opportunity to be of service is sincerely appreciated.

Very truly yours,
Stephen B. Peter, P .E.

President
RCE 386231 Exp. 3/31 /21
Peter and Associates, Inn. • 1519 Calle Valle O San Clemente, CA 92672 • {949)492-3135 • Fax (949} 492-1891 www.peterassoc.com 2•2M21 / 6H-8
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Civll, ~iiotecllnlcal, Struetnral,
~nmentalt Geolpglcal,
u.nd Sutveyo.r.s, GPS Sin<veyors
Bill To:

Calpao-~ropertles, LLC
27372 Aliso Creek Road
Aliso Viejo, CA 92656
Plea11a m«lre chec/(11 payable to Pe/Gr and As$0ol'IIWS, /110. and rsmlt io the abovit addra11s. lmtO{ces ar~ clll& upon receipt. UnpS/d balt111ces WIii IICC/1./8 finalloe chtlrgea at the rate of

1.6% per month until paid lrifult All cos/a of co/1ect/on of this Jnvolc"- mc/udfng but not JimrW lo re;isonebla allomayfeea and coslll, shall be recol/9/'abfe, l'/'lankyou
1519 Calle Vall~• San Clemento, CA 92.672
(9.49) 492.-~73$ • fax (949) 492-1891
Btnall: .info@peterassoc,com
Date
Invoice#
Invoice
5/1/2019
1905909
Due Date Due Upon Receipt
Total· $3,662.50
Payments/Credits $0.00
Balance Due $3,662,50
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ClYll, ~!!Otll@.¢Q~1, Strucltural,
lilm1ronmm.1ta"(. Geologica~
• Land S\U'Veyors,. GPS Surveyors
~Ill To: ..

Calpac Properties, LLC
27372 Aliso Creek Road
Aliso Viejo, CA 92656
!BlW!~ ., ~
~jeofManage~ent: •
1519 Calle Valle• San Ck:mente, CA 92692
(949) 492-~735 • Fax (949) 492-13.91
Email: l:[email protected]
Invoice
Date 511/2019
Invoice# 1905910
Due Date Due Upon Receipt .
m'fij'Ja~~j)~ ,. • m ,. : o • ~1
oJeot Management • 1.25 225.OO .
~-~mJ.·o e· -~:Difill • • • .,·. ·~mtla:~~~00111 ~Q\m
·312212010 P CEG chnlcal Ma & Cross-Section Pre • 2.76 495.oo· PleE1se me/ce ~ payable kl Peter end Allsoclales, Inc. and remit to th& alnlve addm!J.

Jn~ces E!ra due upon recelpt, Unpaid bft/ane&s wl/1 ecarull flmmae chll(gH at Im rate of

1.6% per month unlll paid In full. All cos& of C0/1ecllan of lhJ$ fnva/ce, lncllKl/n9 /Jut not llm/ted ta raflllanab/e altomey faas and cost&, aha/I be rMOVllralJ/e, • Thantcyou
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Jm:vkl!Jl1Qeutal, ~~ologfo11l1
'.Land SUrveyors, GPS Surveyors
BII/To:-
Calpac Properties, LLC
27372 Aliso Creel< Road
Aliso Viejo, GA 92656
Please make ohaoks payable to Peter'1ld Assoclate4 IM Slid remit to fhubove addra$s, /nvoiaes are due upon receipt Unpaid balllllllllll wt/J accrtia finance ~ at the l'llle of

1. 6¾ per month uni// pdld in full. All C061s of cp/f~ of this fnVoice, lnoludlng b11t not /lmllad to raaaonabfe allomey fell$ and 00$/s, shll/1 bo Naoverab/e. 111ankyou
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1519 Calla Valle,• 811tt Clett1fl'hte, CA!>26'72
(949) 4~735 • Fax (949) 492-lS.91
llmall: [email protected]
Invoice
• Date 6/1/2019
lnvo1ce# 1905910 •
Due Date Dua Upon Receipt
..
2-2-21 / 6H-11
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Ctril, <¾oteclnU.ciJl, Structnrnl, , Enl'Jronmeut~ Geol!11!ical1 • L~nd S\ttveyota, GPS Survoyo).'fl
Bill To:<
Calpac .Properties, LLC
• 27372 Aliso Creek Road
Aila~ Viejo, CA 92658
PkJase melie chack8 payable ta Peter snd ~oc/ates, /JJo, and remit to /he a/Jove addrast. /nvalces are 1/Ua up-OIi receipt Unpsld ba/1111oes wl/1 aOM/e fil1anoe cllalye.S at tha tale of 1,6% per month uni/I psld In full. /t/J casta of co//lloflan af thfs fnvoloe, fnc/UCKna but not Hmiled to reS$oilabta attomay feeit and costs, shall be raClJl/elabfe. . 111ankyo11
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qupmen
1519 Calle Vallt1 • San Cle.mente, CA.92.6'12
(~49) 492.--3735 • F.air,(94~) 492-,18511
Btnall: lnfo@peterassoo,cmn
Invoice
Date 5/1/2019
Invoice# 1905910
. Due Date Due Upon Receipt
Total $32,650.00
Payments/Credits $0.00
Balance Due $32,650.00
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civil, Gllt>~cllni<il\l, Stru1:tU1'nl,
En-vifomneutal1 GeoJogkalt
Land Suryeyo;rs, GP.Iii Surveyors
Bill T_o:

Calpac Properties, LLC
27372 Aliso Creek Road
Aliso Viejo, CA 92656
Please mak~ ch~rs p;iyab/e to PScli/r and Asspe/ares, /no, and remit it> the above 11ddra11S. /nva/a&$ flre due upon lece/pt. Unpllid ba/a11ces will acame finance oha.l'{fe1t el fhe !llle r;f

1.5'¼ pet month u/1111 paid in full. All costs of collection Df this invoice, Including but not Om/tad to reasonabie ·at{omey fees and cosls, shall be recoverable, Thank you
1519 Calle Valle• San Clemente, CA 92672
(949) 492-3735 • Fax (949) 492-1891
Email: [email protected]
Invoice
Date 5/1/2019
Invoice# 1905911
Due Date Due Upon Receipt
Total $2,556.00
Payments/Credits $0.00
Balance Due $2,556.00
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CtvJl, Gept~cfuti9!1l, Structul:'P.I,
.En.vJmnurenl:al1 Goo~gt1111l1
Land S~eyor&, Gl"S Surveyors
BJ/I To:

Calpac Properties, LLC
27372.Allso Creek Road
Aliso vieJo, CA 92666
Pl~se make alieoks peyable to Pw and Assoc:lates, Inc, sm:I remit to thti sbt>ve addreS& fnVol~ #le due upar, rsoelpt, I.Jnpafd balanim w1ll soorue Rnance chafU88 at the rs/!l of 1,S¾ per m011th IJJ111/ p,ald in Ml. AH aosts of ooUBCtlon of !his l'nve/!le, lno/Udlng but not Nm/led to reasonable ff/Omey fe9$ and oosts, lllla/1 be 111COverabls.

Thank you
1S19 cane Vane• San Clement~ CA92157Z
(949) 49.2-37:¼5 • Fllll. (94$1) 492:-1891
Email: infu@pe:termoo.com.

Date
Invoice#
Invoice
7/18/2019
1907958
Pue Date Due Upon Receipt
Total
Payments/Credits
Balance Due
$2,058.75
$0.00
$2,058.75
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Civ11, Gcot!)ebnli:al, Str11~11:tnl,
Enm11nmen.t3l, Gi:oioglc.al1
. l.and Surveyors, GPS Surveyors
Bill To:

Cafpac Properties, LLC
-27372 Aliso Creek Road
Aliso Viejo, CA 92656
Plea so make checks payable to Pefer and Assoc/ales, Ina. and remit. to Iha ab~ve address.

If yea woufd R/(a to pay via cradlt card, please cont11c/ our offioo and request a credit card au61orluit/on filrm. uw.olces are due l!pon recafpf. Unpaid bfl/ances wl/J acoroa tlnanae o/Jfll'(/es ijf the rahl of 1,5% per month uni!! pwcf In full. All cQSfs of oo//ecllon of 1/Jls invo!Ga, Jno/udfng but riot /fmlted to reasonable attorney teas and co11ts, shall be recov,;rab/a, Thenkyou
1519 Calle Valle • San Clemente, CA 92672
(949) 49Z..313S • F.aii: (949) 492-1.891
Email: info@peterassoo,oom
Invoice·
Date 11/11/2020
Invoice# 20111356
Due Date Due Upon 'Receipt
Total $5,379.00
Payments/Credits $0.00
Balance Pue $5,379.00
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AGENDA REPORT
• SAN CLEMENTE CITY COUNCIL MEETING
Maeiing Date: November 171 2020
Attachment 2
¾Jenda l~em Lb:[.,
Approva/st
City-Manager .ft_.

Dept.Head~
Attorney --=--
&l'lldliil..ii, 11 •~-•wsm ®44_,ft111r& tU'fiEi I l lli.l1Jl,4JJ..Z %1 E Jfflllliihlt "1±:a:~ • IJepartment. Utlllties
Prepared Sy: . Oavkf Rabensdorf1 Utilities Dlreotor
Subject: APPROVAL OF AN OPERATINQ l'AS10FWIDUM FOR THE MARQUITA $1..0PE IN1'SRJIV( • R/1CONSTRUCTJON WORK POR SLOPE REHABtLJrATION ADJAOfNT TO J.INDA LANE; PUMP Sr AT/ON, PROJECT No. 21208.

Fiscal Impact: Yes, An approprlatlon 18 needed from the Sewer Fund Depreciation Reserve In the amount of $130,000 to account number 054~47645300~000..21208 to funcl geotechnical and landscape design. There Is suffl-clent fund balanoe within the Sewer Fund Depreciation Reserve for thlfS expenditure.

Summary:.
· Discussion:

Staff recommends approval of an Operating Memorandum for the Marquita Slope Interim Reconstruction Work between the City and threa,,private properties on West . Marquita to design t~e rehabllitation of toe coastal bluff adjacent to Unda Lane Pump Stat!on and a Professional Services Agreement wlitl Peters.Geoteohnlcal to complete the geotechnk:al desrgn and negotiate w"rth the property owners. aa needed.

Linda Lane Pump Statfon and the Beach Trunk Sewer Une transport approximately one million gallons per day of raw wastewater to the City's Water Reclamatiot1 Plant for treatment. ihe pump station Is located adJacentto the aaaoh Pedeatrlan Tran north of Unda Lane Beaoh along the toe of the coastal bluff (Attaohmarit 5). In June of 2015, movement wa$ noticed on the bluff above Linda Lane Pump Station~ To protect the sewer pump station and sewer line from soil sh.rffin9t a temporary .soldier pire wall approximate 80 feet long with f beams and wood lagging eight-feet in helght was constructed. Due to continued slope movement and above average rainfall during the winter of 2018119, several emergency projects were completed to further protect the ·pump statlon1 which Included: lateral wall bracing, anfl the wall was extended to the .south and hydro-augers ware Installed to remove water from the slope to slow th$ landslide {see Attachments 1 .. 1 O for previous Agenda Reports).

The soldier plla wall and subsequent Improvements were not designed to support a continued ac;tive landslfde and are near their atruotural oapacity. Replacement of the soldier pile wall wm be required in the near future if the slope continues to move. In an • effort to regrade the slope to mitigate iha attive landslide rather than bullding another . temporary structure to protect the pump a'!ation1 staff has been coordinating With the three propertie& at 255. 259 and 261 We,t Marquita.

Based on direction from the City' Coune(I, tha three property owners and the City Jointly appfied for a Califomia Coastal Commission Permit to regrade the slope which was unanimously approved by the Commisslon on October 7, 20.20 with conditions Utltitles Agenda RePQrt
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Agenda Report Pa9e2 • '
subject to submittal of final geoteohnioal plans, staging area and landscaping (-.. mitigation. Based on preliminary geotechnlcal design completed-by t~e property owner ' 1 < at 258 West Marqult~. the slope-regrad[.ng,projeot Include.a: removal of soil to rower f . ; . ·the bfuff elevation by appr.oxlmately 15 ~et at 259 West Marquita to reduce we[ght on. l ·the slope and regrading the bluff to approximately 1.5 to 1 grade- with geogrid to j Improve stability along with landscaping to naturally bland with existing vegetation. l.

Part of the approval Includes removal of the existing Sj 197 sq. ft. duplex and I construction of a 9,145 sq. ft. duplex subje.m to final approval by the City and Coastal I Commission staff. . . • I
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To share In tha risk If the project does not move forward due to permit Issues or can't i ' • move foiward, the Operating Memorandum (Attachment 6) proposes to have the City fund and manage the design related to the srope whlle the prope(ty owner at 258 West ' Marquita proceeds with flnaUtl~g design for th& duplex. The estimated oost for the geoteohnioal and landsoapfng design for the slope are-approximately $130,000. The final geoteohnioal plans·wlll provide an opportunity to better understand the geological characteristics of the project and obtain construction bkls for the projeot to determine construotton costs. atthough contingenci~ Will be needefldue to potential ~rnknown conditions 'o/hlch can occur with grading projects.

The prellmlnary cqst estimate liased on partial design for the slope regrading and { mitigation are approximately $1.6 million. According to the proposed Operating . \ Memorandumr ff total project costs are below $1.6 million,. the City wm fund 60 perceJ1t (. of the costs-with the remaining portion funded'by the three properties. If proJeot costs ere abova $1.5 million, the City and property owners will discuss altemativa cost share options. Staff recommends continuing negotlations during the geofectmlcal design process to exetlllte a 1ln~l agreement for constrl.(otlon in case the project costs exceed $1,5mllllon.

To provide some perspective for potential City project oosts If the City does not agree to work With the property owners to mitigate the bluff faTiure, would. likely cost th& Ctty more to replace the eoJdler pile wall and relocate the pump station. Coat estimates to install a larger and more -unslghffy wait me approximately $900,000 and will only . provide a temporary. fix due to the-difficulty In designing a wall to protect from a . • . conlinued and larger landsllde. In addition, if the City chooses to relocate th~ pump station to an area adjacent to Liffi:)fi' Lane Cul~de~sac, the cost estimate Is between $6 ... $7mltnon. staff Is recommending approval o1'. the Operating Memorandum, hlr1ng Peters . Geoteohnloal for $108,904.fo complete U,e,geotechni~I design and negotiate with the property owners in case the projeot costs-~ greater than $1.5 mlllion. Peters Is the geotechnica! engfneer th~ hJs comp1eted· studies and the_prellminwy design for the owner at 269 West Marquita.and has been Involved with the projeetsinoe 2015. Timing is critical to fin~llze design filS soon as pos$IQI~ to obtain Cqastal Commission approval and complete gradfng prior to winter rains In 2021/22, If the project is delayed another year, the soldier pile wall may need replacement and grading of the coastal bluff In ( i
( winter is not suggested. I
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Agenda Report Page3
Reoommanded
Action: STAFF R.E0OMM~S THAT the City CouncJI:

1. Authorfze the City Manager to sign the Operating Memorandum for the Marquita Slope Interim Reoonitru~tlon Work, Projeot No. 2120a; j !

2. Approve a :suppremental appropriation In the amount of $1801000 to account 1 number 054-476-45300..Q0Q..21200 from the Sewer Fund Depreoiation Reserve; i

3. Approve and Authorlze the City Manager to execute Contract -:---- by and ! between the City of San Clemente and Peter and Associates_ providing for 1 geotechnloal desJ,gn in an amount notto exceed $108,904, Projeot No. 21208; and,

4. Direct staff to negotiate cost share if project costs exceed $1.6 mllllon and finalize an agreement for construction between the City and properties at 255, 259 a11d 261 West Marquita. •
Attachment.s: 1. July 7, 2015Agenda Reporl:
2, October 18, 2016 Agenda Report

3. May 16t 2017 Agenda Report
4 . . June 12, 2018 Agenda Report
o. February 5, ~019 Agenda Report
• • a. Aptir 16J 2019 City Council Report

7. Septerpber 171 2019 Agenda Report
a. Location Map

9. Operating Memorandum for the Marquita Slope Interim Recon$truotton Work 1 o. Professional Servicaa Agreement with Petet and Associates Notification: None.
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Nt:W AGENDA ITEM
Attachment 1
July7, 2015
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1. Motion to add the following item to the agenda since there is a need to lake Immediate action and the need for aotion came to the attention of the City subsequent to the agenda being pO$ted: • .

EMERGENCY PROTECTION FOR LINDA LANE PUMP STATION
2, Motion lo take the followfng actions:

1. Mak~ a ffnding thai an emergency exists du~ to the potential failure oran e,xisting sewer pump atation and that 1he situa'tion requfres fmmadiate action tQ prevent or mitigate fmp.a1rment to property and. public t1ervlees. that might otherwise- occur if required to incur delays attributed tQ the typical engfneeiring design and public competitivet bidding process.

2. Declare that the public int.erest and necessity demand the immacli~te expenditure of public funds to safeguard public health. 3, Approve an appropriation fn the amount of ·$1.50,000 to Account 054-476- 45300,.000-18209 from the SewerOepreclatlon Reserve. .

4. Autfiorize the City Manager to approve Contraot • C15.52 for the Emer-gency P.rotect!on for the Linda Lane Pump ,Statlonr Project No. 16209. • . 11M17~20 / 61--4
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AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Oats: July 7, 2015
NKZ!M91 I I I I Z
Agenda Item t/
. Approvsts:

City Manager _bM ...... . OePt.H&ad~
Attamey
Flnante:&!:. ---_, I! ,,.. ..,.

Department: Public Works I Engineering . Propared By: DavkJ Rebentdorf, Deputy Public Works Director rt- . Subject: l!MERGl!NCV PROTSC1/0N FOR LrNDA LANE /'UMP SrA'.l'ION, PhOJRCTN0.16209, Fl.seal lmpat:t: Yes. The cost for the emergenoyproteotion fs estimated tf 5150,000, A supplemental approprtstlon Is needed from the Sewer Fund Oepreclaflon Reserve in the amount of $160,000 to aoe1ount number 054-476--46300,000,,18209, There Is suffiolent fund ba1ance within the Sewer Fund DepreolaUon Reserve for this e)Cpenditure. summary: The City's Linda Lane Pornp S1atlan receives raw sewage flows frClm approxlmataly fifty percent of the City's service area $nd Is a crltioaJ faci1lfy for conveying sewage to the Water Reclamatkln Plant. Approximately two weeks ago a landsfide occurred on ·the coastal bluff above Lfnda Lane Pump Station. The slope ha$ been visually m<mltored slnoa the lnlUal elide and addltlonaJ.rnovement occurred around July 1 • . 2015. LGC Qeoteoh~c~f Engtrieers evaluated op~lons to .proteot th~ facility and recommend a temponiry aotdier pile waif.to retain soll from future movement. The ~fl design Is composed of steel I beams and either "Steel plates or wood l~gglng eight feet above ground and 60 feet long. The temporary soldier pile wall Will proteot th$ • structure, eleotrlcal meter, emerganoy generator QOnnectlon and sewer llne aeee.ss In the event there fs subsequent minor slopEl'movernent In the area. • Staff is working with shoring contractors to receive an Informal bid and applying for an emergency. pem,lt from the Coastal Commisslon. The estimated east for the temporary soldier pile wall la $1501000. detarls are as foll~ws:

Engirteerlt1g/Pem1lttln9
Inspection
Construction
Coottngancy {Z.Qo/tt}
Total Cost ...
$10,000

10.000
110.000

20.,QQQ
To protect public health tnd safety Etnd to complete the soldier pile wall construotlon as soon a. ·possJbte, staff Is recommending the City Councff aU1horize the City ·Manager to approve a construotfon project.
£ttglneel'lna Agenda Rtport
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Agenda Report Page2
Recommended
Actioti: STAPP RECOMMENDS THAT the City Council:

1. Maka a finding that an emergency exists due ft'.) the potentlat failure of an existing ~ewer pump station and that the situation requires immedii:lte action to prevent or mitigate lmpalI-ment to property and publlo services, tha~ might otherwise occur if raqulred to lnaur delays attributed to the iypioal engineering (feslgn and publio competitive bidding process;
2, Oecl(::tre that the publfo interest and necesstty demand ihe immediate expenditure of public funds to safeguard public health;
3, Approve an appropriaHon in the amount of $150,000 to account number 054•476-- 45300..000~16209 from the Sewer Fund Depreciation ReseNe: and

4. Authori?ts the City Manager to approve a contract for the Emergency Protection for Linda Lane Pump Station, Projaot N9.18209,
Attachments: Location ~P
Notffictttion: None.
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PROJECT

LOCATION
City ol San cteme11.te r--.;,=::::L::=O~C:.:.J'l..:..:T:..;l;;O!..!N~MA~P~ _ _J Emergency Protection far
Linda Lane Pump Station
P.N. 16209
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AGENDA REPORT
SAN CLEMfiNTS CITY COUNCIL.MEETING
Meaiing Data.: October 181 201~ . .. " . ....... . ..

Attachment 2
Agantla Item ~
Approval#; .

O!ty Millnager \ • ·.,
Dept. f-.leai;I '·: •
Attorney
Finance •
Department: Publlo Works I Engineering Pff!pared sr. David Rebensdorfi Deputy Publlo Works Pirector Subject: CHANGE 0RPl1R APPROVAL FOn L(NDA. I.ANS PUMP SrArtON Pnorscr10N, f'lltOJRcr No, 16209.

FJfolif Impact: ·ves, The total estimawd aetst of thls proposed ohanga order work Including contingency and soft oost'S Is $42t000, A au~plerne1ttal appropriat?on le needed from • the Sewer Fund Depreciation Reserve In th~ amount of $12,000 to aooount number 054-476-45300-000-16209. There Is sufflolent fund balance wifhln the Sewer Fund Depraolatlon Reserve for1hls expenditure,
Summery.: In June of 2016, movement was noticed on the blUff above Linda Line Pump Station.

An emergency projeot was executed and a ratlfloation of the aotion was approved by the City Council on July 1, 2016, Wright Construotrng l:inglneerlng Corporation (WrlQht) was hired to install a tempQrary soldier p!le wall approximate 60 feet long with I lle~rns and wood laggfng ijpproxlmately. eight feet high to protect the pump :station from son 1,lluff!ng,. . • .
overthe pas1 year, the soil from the slope has continued to move and le appro)(imately 6 feet In hslght against some areas of the soldier pile wall. Due to the weight from the soil and moisture In tha slope, some of the wood lagglng is bowing. Upori further calculation of the pc,tentlal statio foraes on the wood from the soili McNeff Engineering and Consulting ls reaommendfng replacement of 'the wood lagging with thlol<er members to withstand the additional loading.

In addition, San Diego Gas and Eleotrio (SOG&S) recently replaced the wood power pofe .adjacent to the slide and pumpstatton with a more etn.roturally sound $teel pole wtth a deeper founda1lon. To protect the power to the station, staff is worktng with SOG&E to relocate the electric meter from between the bullding end the elope to ~ more secure area away from the slide. . . . Staff requested a cost from Wrightto replace the wood members, installaUon of t;t drain and to trenoh for a new oond1.1it for the mater relocation. The cost for this work ts approxlmatety $34,504, staff recommends Wright tQ oorni,lete tlte work as a change order to the orfglrial project. The contraoe Wfth Wright has bean kept aotlve due to potential oonoerns that additional wor~ wo1:1Id be needed to protect th~ station. There is apptox!mat~ly $~-Ojoo9 remaining In the proJeo~ budget. Staff estimates the total expenditure for 'this work- at $42,0001 Including eontlngenoy and coi"lstrLtotion 111:emagemant. A supplemental appropriation I& needed in the amount of $~ 2,000 for this proposed expenditure. If t r M?f
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Agenda Report
Recommended . Act/om STAPF ReoOMMENDS THAT the City Council:
. Page2

1. A~th.~rt~the Ofty Engineer to lPl!IJ1'1Ytr.a Change Order 2 toiQ~~iract~ by • a.nd b1,ji,'fr;'iaen th~. ~itl,f «- San c~~Mnte and Wright OonatrM~u!o E!!irj!;i~nng Corporation, providing f Pr lmpr.ovaments to Linda Lane Pump Station Proteotlon, ProJeot. No. 18209, This Change Order Increases the contract ·amount from $107,846 to $142,349! and _
2, Approve a svpp!emental appropriE\t!on Jn. the ainount of $12,000 to account· number 0154--47645$00-000-16200 ttom the Sewer Fun<! Depreolation Reserve, Attachments: Location Map
Notiffqation: Ncme,
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• PROJECT
"'"LOCATJON
·~~-r4~-----:T~u5cc~ MAP. M _ #.
' Cit, of Sao. ClemeJ1te Emergen.cy Protection for
Linda Lane Pump Station
P.N. 16209
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Att~chmen~ JJ. , Ageh.dEI Item \ I
Apprtwaisr
AGENDA REPORT Qlly Ml'ns_ge-r 1
Dept. Head
SAN CLEMENTE CITY COUNCfL MEETING • A..... • • f h ,( . '-,· • _lwrnij)' . Meet ng 1.1ate: Miay 1 ~ • .201, • . l'.,1 . . " • M . . , ,·nan,,e ~ ~i'M~!Piih4 Ni.· ! iii~
l:)f)parftrlflht: PJ.ibJlo Work-a/ EngTi1eerln9..divlslo.n • Prepan,dl3yi OavJc! R,ape,nsctqrf, DaputyPtJb!laWorks DlreetorJ)i~ CITY COUNfJlt. :ACCEPTANCE: ~J\lll Norrce. Of 00MF1UmoN P()R LINOA LA#EtPlll'P,P StATION .PROtECTlON, PROJE.Cr No, 162o9,
FiSfJs.l lmpaot: -Yes, A J:1Upplem~ritaf appropriatkm Is needed from the S~wer. Fund D.epreoiat,011 Rea~rva in the eh1~tmt of $1,100 tp apQ01,mt numb.~r 054¥it70453.00--000~~ 6209, Ther~ 1i eµffii;:,ient fµha J)alahoe Within ihei Sewer Fun~ t;Jepreclation Re~eN.e f\lt thl$ ·ex)'.!ertd.it1,1re. ,
summsry: .. ,
Bfl.t',kgfQlTna/
Dls"t,,usslom
At:aeptanoe _ end Notice of Cornptetlon for WrJght too!3truottng Engineering Ool'Jjorl;ltkm {Wright) for onmpl~tlon of contr1;1ot wprl., for llnda Lt:\ne- Pump Statkm Protetitron, •
Jti Juns of .2015, movement wa~ noticed on the bluff above Linda Lane Pump Statlofl. .An ameit1ency proJ~ot Wa$ ~xeauted jn'd a ratmoalton of ih:a .aotion was apptoved by th~ tlty ·oouncll on i.h.tly 7,.20"15. Wright w,;1s blred to mstal~atemporary soldier pita . wall ap·proxtin1;1te ao·reet b:mg Wffh t beam$ eiridwcn:id la.g{jlng approxbnatety smht-fe.et rn hE!IS,l'Jt to proteot f.ttij pump statton from soll sluft1ng. • • • Dua to c::oti.tlnuad sluffing, ·the aoll'behtn~ the wall reaohecl a height of aJ)pro,r.un~tely 19l&-fe'et and caus.ed the wood leggln~ to bow; To lntprove th~ strength of the lagglng1 thicker wood meinbers wate desJgr1e'd arid a tha11Se tirder to Wright's corttracl: was authqfJze4 by tha Crty C.ounoll on Oof:qbar 18.1 !i!0~6. iha total project b.ud~et. ts $162!00ct, • (:!ue to additional .co~fa for design e..nd inspacffon a 1;1upplamatital app~pl'iatlcm In ihe. "110r.tnt of 1 UlOQ ts neec.led. A ijaf~llect f,Ummary of t.he total • expendftures te nrovi~ecf b.E!tow~ . . ProJeQt Mana~emantahd Oesfgrl • •• • Adnilrt!strailon1 Construo1lor.i Martagetn~nt & fli"speotJon 'Odhstryctloff . ·rota1 Project Cost
Reoommendt,.rJ
Ar:tlon: STAFF REOO~ENO$ THArthe City 'CounoU:
1[. Ac~pt Linda Lane Pump Station Protection, Project No.16209; P1.1bHo Works Agenda Report St16tt1t~re\1.11
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I Aga,1da Report . • • ~. Appr<;v.e .a supptern$1'ltal JlPPtoPrtatlttli In the amount of $1, 100 to a0001.111t nurnbEJt 064-476-45800-.000-1$209-ftoll) tht<i sewer Fulid OeP,rsofatfon 'Reaervf>; . . ' . " a. Author!$ the May.or to- e)Ceoote ·and Ci~ Oierk to reQOrd the 'Nottoe of Oompletlon for Linda Lane Pump S~tron Proteotit:in, Ptc1Jeot No, 16209-; • . I :ii Jr I- • 4. Authprlz:e the Oliy Clletkto relimssthe Payment aond 815da)'$ from th" hl®rdatlon . of the Notice of.Oompleflim upon. vehfl~tit.tn with tlie t::~tnenling DMalQl"J tllat no • . Hens have been.ktvlw agatnst Wr!,ght Oonstl'l.lctfng Englr1eertng Oorpotatlon; a11d • 5, AuUtorl;!e the Oity Olel'k 'ta reba3e tht ParfoJtn~tiae . .Botld upon receipt ·of a Wartart!y Sohd f1Hhfu:imouot of25% of th& oonsttul)t!Oh t1Cst. • • ' '
, Aitaahments: 1, location Map
• • • .·2, , Nob of Completion
NotlllaatJtm: Noni!}.
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f Attetchment 2
BKmpJlellOtdfllg ~ by lite
Ci11 oftfflll C!Jc.111J,,11mi,o.rPov. 011ddlkt. 6103
• • Clity Clerk
WionJ.teoos41k1Mall 'to!
Cl!ty<lletk ' •
Oit,otfJlitl.~lllei
100 A1'Ctllda l!rl!lldkt •
flal1Cl~, tl.l!12672
•.

NottCE OJ OOMPLfflON
)Jot~ ld11,.1ii1', ~ b7llu, ~ ~ • publlo e.atity Qfthl, ~ ot0.1~11:, fw urubli11 \Wtkaf' • ~11t'h$ bo$ aom,1il,t<i1hls1b[l(J\m • •
J>a.ted:

Pfoft{Pl,tllls o,d#tlrlJ}i/0/J ~*-Ll.fldA'lAui)l'ump-~ 'Pm~ PtojeatNo, l~ D111,ul/'eo11IJ)lfllkim ~$, 2011
JffPnd ~Ol'IIIB/1 0Jl)'11£$m,Cf~ ' I
lnflll!ifltR'dlaltlJ!fJtV'llflfl Fad
Mdrn&D/lMnel'l lOOA~l>lei!klio, fJatl.~~9261Z
Nlrmt1 qf«nl!mc!f11'f Wrlg1).tC9.af~~-~Oft
,we, ~,er'/llg(ll~on fll;lts: Uttda l.aM; ~~, CA~
__ __,.........,,.._..... __ _
STATJl; OF~ ) eotJN,lYOF Ol\AN~:B ) IS
orrY OF $.AN~ )
l~tbe (Jfty()wkot~C141.otSati ~'\ dtilp'b'liooadtyv,Jl!uh~ lho.lJregob,j~qttd 01\ 'Whaw tieWl Plakttbisvedfi~; XbAVtlt~eaid aotii1o,bowitll ao~, Qil4 the ~bit;i-e, :hortlt,9 alider»-1,t, ~,edll()' $at bAti'OgOhlf lltatoatid ccmet. . •
. . Qty(l.(ed( __ • ---------
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DiJparlm«if:. Utilities • · {lb
PfepatEld Sy; Oew!d R.absrtado.rf, Utfltttes OltedtOr !,if',-,.

SubJsot: EN/Sl'll31i:NCY Pnor~oN FOJY/..JN!>A L/.1~ PUMP 8rATION,·PROJSQT No.162&9. • Fktr.:sl tmp;at: Yea. Tua oost fortha eitn&rgency profecl:lml'is estimated at$14D1000, A tu~plemental . lllppr.oprlaflorr Is needed from the .Sewar Pand Oepr$ofa~on Me\!larve 1n the amount of $i40~ooo to a:ooount number 0&4-41645300~000-16200. ThetEi Is iuffiaent fund· bafanoa within ths Sewer f'u.rrcl OepraQ!atlort Re$erve for this expenditure.

Summary:
. . The City's Llncta Lane Pump station l'S(JSl'ves raw sewtigl\l irt1ws from spprnxlmately fffly percahi of the Orffs sarvfoe am~ a'nd ls a ctltioell faJ:111.lw tot tJtm'i.eylng sewage to the· Water Reofamatl~n Pltmt for treatment. The tao0f1y 1s loali~d below the c~stal bluff and adJl:10$m to tr,a l;l~e:ch Trail Jt:tat north of Unda Lane oul-da-aao.

Appn:ndm:atary th'l's.19 Yel:111,'ago a fftndsllde ·o·oourred (111 the .coastal bluff above the pump $hatloh. 'ro prcfeot ~ P.ump statlol.11 a 60 feet long and etght fs~t high soldier pHa wall oah1iatlng of 1-baama and wood lagglns W$& 0011ff:rt.1Qfet1. The etnloture was designed as a tempor,arymeasutEHo afowthe movbment·ofsc11 anti was 110tlntattded to atop an active lands.lld1, "'-is to lnorfll-aNc{ $lops movement, the northerh· sectfon of the soldier pile waif has reaol1ad Its cap1:1dfy' EH1d requ!l1:lt furtb~r bracing t~ extend the lffa of1he wall,
Tht wall br~~r,g ~ desfgrreii by LGO Geotechnldal 8na,meera and MoNeff Strttetutsl Englnaera $nd aonslste Of oonnaotlltg Jatata.l suppotbs (mkers) to burfed f..beams that wera lns'talled wHh ·the origfnal wall to add support to the eJ<itating verti~t IMbeams. In a4dfflon, the upper eeotion of the wood fagging wlll be replaced arid fhe stronger smaller s·amton of tHa Jagging will be placed_ against the et?itfor Increased atrenoth, This ternpo.rary si:>!utlon (s rntended to extend the life or the :eldstlng wall1 While the Jong .tartn ~dfl.ttlon to reg~de tbe elope Is Under deslg.n • t,y the property owner tahd ts . pending approval from the Oity and California Coastal Commission. If the slope reoonstruotJon ptoJact i1:1 ~ppr~elif, an opportunity to aeslst with fun_dlng or to partnership-With th~ Immediate .property owner and adjacent ooaetal bluff propertte~ mav be brought back tot.he City Counoil-for consideration. • . Staff is reQOmmendlng raflfylng the City Manar,iers' emergenoi hiring bf Wright Construction EnalneerJng Ocrp,1 the ~ntr:actor that .bu1lt the existing Vlhil11 'OO a time ani:I material basis to protect publlo health and safety. The e.sttmated to&t of the aonstruction oontraat sbould not exceed $100,000. The estimated .oost for the , temporary sokl~r pile watl braolng1 lnoludlng soft oaats and oontingetioy ts $1401000, details are as follows:

Utilities: Aienda Report 61,·11/JitfWJ1-15
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Agenda Report •
Elnglnearlng/Penntttlng
Inspection . • •
Oonptruotlon
,Qgntfnganoy {20%) ' TotalCost . . Reaommeded· • •
Aotlon: SrAt:FRcCOMMENPSTHA'rtha Crty Counall: ., .
$ 10,000
10,000 , 100,'000
.20,000.
$140,000
Page2

1. Make a finding that an amergenoy exlets true to the potential failure of an existing sewer pump station and that the situation requires rmmadlata actton,to prevent or· mltJgate Jmpatrmant to properly and public service'&, that might othaJWise ocour If' required to Incur delays attributed to the typlcaf engineering design and publf c competitive bidding process;

2. Declare that the pObllc Interest and necessity demand the-Immediate expenditure of public funds to safeguard public heatth; • • . '
. a. Approve an appropriation In the amount of $.140,000 to aooount number 064-476~ • ' 46800..000--16209 from the Sawer Fund Oeproolatlon Reserve; and . 4L Ratllythe. Emergency Construction Cpntract with Wright Construction Engfneetlng . Corp: on a trma and ma.terlafs basis· for up to $100,000 for the Eniergancy Protection for Unda Lane Pump Staffon, Project No.16209.

Attachme11tw LQcatlort Map
Notification: Norye .
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PRO~ECT'. I

LOCATION
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. CifJt of 811a (}Je11.w11te r·~· ~· ~L9.::....C:;:;:.:.~..;...:Ti~10~N~M~~~P _ __i Emergency Protection for I
Lln_da Lane Pump Statlr;;n . P.N. 16209
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AGENDA REPORT
SAN CLEMENTE GITY OOUNCIL MEE:TING
Maelil')g bate: f.l;}bti1aty 5,2019 .

Departmenti Uullfies • o
PntPtifed By; Davfd Rebansdorf1 UtlH,ties. Oiraotor Of-. ~ifrJ16~1Z1t ;11 0.HANGfiJ ~('U!l:iR FQ~ f!ME!RrJEN<Jr PktmrorJQN o.r L1NbA UNr:: PUM;s BTATIQJ\t PB.r>JScr No.'/ 6209,.

FJseaI 1mpaot: Yes. the el!ltifflated oos.t for the proposed emaraa\1,oy pro~~$lion t~ $te,ooo~ A ~uppl~rnEmtaI appro~t11;1U,~m ls tia~c!-ed.·'frpin the SeWer 'Fund t).epteotaUon Reserve (n the ~11tount of 4l75~000 to aqcount n1:11ribar Q5,4-476-45$00-qoo .. 1e~08. 1her~ti1Stilffflillent fund batarit1e' withi'n ·the ss:wet Fund Oeptt\elEltion 'ft('Ja~~ for ·-thiet fXPl',?Oc.fit.1.ma.
th~ City's l!lnda )..E}.t:Ia Pump all!tion recelvelil raw aawat}e ftowa from appr.oximf!tely frftY paroom of fhe c~y-s sa~)oe fl!J'f;la ~n~ ls ~ Mtl0$ll ff!<:tt1t'Y fo.r l'.!QnVl;}Ytils s~\&age. to fhs Wafer ~eQltii!matrora ·Plant for :treatinent. The fac!llty Is fo0atM b.e\ow th~ ~o.astal b.luff ~n~ adj~o.enf to the See.oh 1f'.ttll Just north tl:f the LlmJ!l Lane· tml-cle-!$ae.

Approximawly thtee. Yea!'$ ag-o a landslide occurred on t~I?. qo~~~t bJWf (;(t;iovet fu~ pump ~tlt:111. tQ prote~ the .(lt.Unp $.i:~kifi, a ao feet la~si ana .eight 'feet high eok!ierp11e wall tbflslstil'lg _of !,beams and woqct lasgtna wts ~~n~truQted. Til$ $tn.t\ir..ul) Wwi designed as~ 1:em}ltJ.MtY-.measure to a.tow the ttiovetnent of soil aM wa$ not Jnteneted to a:t~p an aatI\le lantJs/Jde. •
Ot1til tQ, 1~~ 0!1!.l~ln~ $Jopa mavemaot, Wright Op,n!Sltuot!Ol'l t';nptn~etfng -l'.kn'ptiratlon was hf red under ian etttergenoy project-In .Ju_ne 201 $ to f11att:1ll aqdltkm~I bratrit:1~ and ~-i;n~dl{¥ the wood Q pn the fi'ONl11\lfii ·and mlddie~&6ti"on$ ef th,H19ldJipr ptle WE,\U ror. epprQ>tlpiat~l $.1 oo. Tb, ~n:lditfonfJl ·.braping has slowa_d the tr,.tnremen.t of the ~b~ams, bw: the- tan sltda ~epafslttid from the, ,rop~ ~n th~ ·,outhen1 ~nd ,tiiffd tnatetlal I!?,' now-~rnP~irig ttiJhieQti.on ohh$ wall. 'r() ~11d the nr~ of the .&outf}erl) :s~l!!n pf th&. wall1 :eimft ts moolll.n'iendlng a 0~1:1nae or~~r to Wright C.Qnstrudlt;1rii~ oem1ra~t tor up t(j $50.,00o pn a tlml';l Md m~terials basis or a.steed ·emount to rm~41f¥. th& WPPd lagfiing, !!rill a 9.ii!J$s~n ~lJd trtststll stel!}l euppotts to pto.vfde acloitional stahtltt'y, An. a.::Jditl®~l .$101000 Ii be'4ng requested for cngoing ,g1;1oteqhntc*I eva}ua,flori. an·i:t lnspectlQn~ . To batter prapata for a GaJ:astro.phk} failure 9ftha wall ~nd imp61-lred Plll'r!P.Eit~t!o111 staff rs recommending: purohaijfng pjpe. fo esiablfeh a b}ipa$$ If needed for appror<tmately $6~000. The pipe. I? proposed tq be-lllo~t.ed Within a tiewfericed area to th.e south ~t~e of the pump-~tatioh. Jf e1perg~noy bypa-s, pumpfng 'becomes necessary, the Oliy.ha~ a pump that oan be ·utWzedJ ~lthough additional rental p_umr,t will be required Ir a bypass ,beoomes ne-c~ssary in tha future, An additional $4,000 rs recommended to Utl!ltles Afel;oda Report 2•5·19/aK-1
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Agendt;l 'Rapi,nt Pa.9a 2
mo~lfy ths fenoe and tQ PLit'Phaa.e net:~$~f.lry apj)U!wl'lt.\1'1Ce1> lot th~ .bypass plpelln(" :
connactio-n~. . . . •
A op~~r.iPUt'1eitl{)'O signed by th~ ptQper,ty owl1~t, two atjja~nt collfJorntrtiµm prope_rt[e$ antl th.e City for re,graoll'!s t~e slp~e ,waij subtrtlfiad to the Calttomla Coa$tal Oomt.r11s,fol1. !11 De.oemb~r ;2016. If the slope teconstruol:km pr<J1Ject ~ ~ppro.1Jed, ati. iilpporttinlty to partner with Ure lrnmad16'i~ prnp~t,l:y owner :and ar:.!{taoerrt caa1?tat b,Mf pr~partles r-MY bs br~4~ht bao]( fo the ~itY Qoun?il for rso~slctetatlon .. Thi)} e~rlleist r:e,acmstn.tctJon of the elope ITl{,lj ocuur ls :slll1'lrh®r of 2019 pendlog flnar deslgn -and patmitth'!g. UrifortUilafely, ihe ml.ddfe !tli4 uortharn ~er;.tiol'I of thaw1;1ll h~ve teached its ®~~~Iti Jlm,tt a@rdrng to LGO ·Geuwthnical 1Snglt)~1ilra. $faff 1$ re,QommaM1\'Jg evslua'if~g alternatfves for ~esrsm of ai'loth~r mt}( .gtaafng or Wugture to protect the p:umJ, station If the f ult slop~ raonnstr.ucflon is delayed tlr the so!dlar pile 'Wall b~t;ins fqfail.

Reoo..mm~nded •
Aotioh~ . STAPr Rr;::.C61V)Ml:;NOS THAT the-~rty Council; j. Make f.l flnqlng fh~hm emer_genoy e:xlsts dug fo the pbtenflal fallure of an exi$firrg aawer ptlmp station an4 iftfJt. the {iituafton reqtdr~.s lrnml:.lc.Uats actiot1 to pt<av.en\ or _rnttigii!t(;l ir'tlpl:limt$ffl ta •p.toperty -and. pq~l!c senlf pe§>i t~t m.tght otherwl~ ooour ft' tequlreq tq In.our delays a\tflbl.rted tp tha typl®.l e~ltiee~l~g demgl'l and public eoMpetitive btdd1ng p]'.Otess~ .. ,
. • (' .2. Deolare that the public interat5t ani:t t1$C1gssli;Y· d~rrrat1d th~ lmrtiladlate eiq:iendlture t>nubllpfLtnds to•$afe:tfualtf pt.ibllQ helil'lli; .
~. Apptav@ a aup}:l!ahiental appropriation fh ihe ami;iut'll tjf $761000 to acmauht n.umb~r D.54-47&45$.0C~f.lotJ..162091from the sewer Fund Deptecill:)ti1m Rea1;1.~ ana
~. '1,altfy ·the Eme~ni',\y Ool'ISlructtoh Oonltar.t en~e Order With Wright Odnstt'l.rotion Ejll(Jin¢1;)r!rt£1 9Qrp. for up to $~0,000 forfhF'I l:mergenoy Ptoteo'tloiWor JJnda. L.1;1.n.e Pl;lh"ip Stattfim1 Ptojal§f No.18209.

At.tadhm~nts: Loo~tton Map-.

Notlflr;e.tl(mi Noli.a..
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.E~erg,n ctlon for
Linda Lane Pump Station
P.N. 16209
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I)ep1,uimen,t
Prt9peu•tJd Sy:

SUbJ.ciot: RAriPY Jl. OHANl'Je OrtP.Efl AMP APf{llOVS 1-IP,Df(IPN~l. FtJNlJJN@ POR liaGsNCi' Pl{OT!l.<JTf.QNQPLINlJALANr PI.IMP:$.tATION, PROJ~OT Nt>. '1-~201!, , fits.cal lthtmct1 '1/e$. Tht ijstlmatad o~st:fo'r. t~e propos~d i;im.erg~no.y_µrat,ction ts. $i7~.ooo'. 'he OH;v • O?un¢1f aJfth0:rlxoo, $.'t$,OQQ 'lr.l ~'.lt{,lefldltutt:11!1 on. l¾ibi'Wi!IY 6~ 201.s. 'fq tcmwtatl? 1.he proJ~ot, a ~ttppJ~m~h~f lilpi>ro.~rta1fon :ft! n,e~~d .In the JmtoQrn,·tJf $~00,000.to aooount r.rumb~r 05441lJ..4$300·000 .. 16lOQ ·fr&dl the ~er ~tlfld Oepree~~oo ~erve, 'i'.t119tl? ,,, su~iofWI\ fund· .mtl$n~ wltt\b.1 th'f:l Stw;ir Fund Df.i~reolatiori. rte'serv.e· forthl~ expenditure.
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Th.\;) .on.vs Un~a Ltltre, FtimP ~8tlt()n re~Jw~ ti'JW s~ge! flo~ frdm ~ppro'Zttrt16ite\y- eo p~rcimt 'Pf the 6~1 i1 ~~wlce ate~ :ana ts a .cr1t1cat fatillify for ronvevt~ -sawa;e tq tha_w•r R.~01.armt~on fli;int for·lr§li'.l.tm~r.it. 'The f~ill-ty ls ~patatt befow. the-ooeete11 bblf-atid at1faaent to this l:leach Tr.alt AG\"lh of th~ Linda ~ne tiU1•de--~ 1-\Jipro:xlrnat~ly th~ -Y~-~ ~Q9- e. 1~-ti~sllde ogew:red tift. tb1;i. GOa•1 bill~ ~~ve the fJ:!.ltflp atatton, "ro prota<il:llia pilmp ttatio~, fl 60. te€lt"J{;)f.1!1 witl ~lght f~ethlgn eioldl~r plfe watt C!'.'itle.isting l:>f .l•~;:tm:~:.r •Md w.aM l~s{nt, was t1Mmtu('lt<1ci, The. structure Wl)ls tte~tsned tls ,i t~mPo~IY n-i~~ur~ fQ slow tht. mov~mettt ,of .$Oil and ~ not tntMtretl to \Step an t:IOUve· lt;1hdSf1d113,
oae to the ont;10Jng stope movern~Jif Wrk;il1\ CoN.ti:utjlon 'En~irtl\lal'tnQ Col'f)oratl(,\h wa, 'h:Wtfd u11dat t:i.t\ ernars~tt~Y. ll'WJsdt frt June 201 a ·tt) install wdtttonAI l!l~rilns '.~.lid' t;o mo~~he: w0og tl ·pn;th~ p~rl;him:t tihd mlddl~ sl'Jbtlans of the eoldl~r plff;! W('jll fo:r !Eipproxirna:W!Y. . ih.e' ~di;fifior.iat JaraQln ~~ ~QWijtf ihe ~latii,t\al roowm.tnt of the J...ll~t:trn~ ~ut ll:t~ .. tatr,;tstt(f~ :eepam1e l'n th~ slope on l~!il sc,l.lftJ~m ~n~.i ,:o txf~~d tJia life of th& s91Jf!C;1f11,tie.ctton pf~ ~J4 t~, arw. 0()unct1 authofll~tl ~71'POO• oh Fabtl!i.:u'y' ~ 2019 t.o em~l".i~ fbe wtlll appt~imatety e.fsW: f.eet to:tne ~outh,

10.P.1.1rc.t1a.se by•tJE!S$ pip$ Md fot1;tddtttiJl1el s.e:oteehm¢~l ~vatu~tlon~ F.ol!QWlnti Q(ty Cpitnplf. aP1:ioh t>l'l F.ebtuatY 5i 2019; the power-PQle SI.IP.P.Mng ~owert(t -th~ p~t'liP station fiUl.eQ .<tu~ l9 \h~ rau-d$lJd61 ~n,p w.as relooata« futough oaordinmfon Wtth San Diego Gae ~1:1a ~laatrltr1 In addltl~J\ during ~II e.~en~i;,i:i, l00. 13.1®.tecttflit:til Ji:)nginet:1ra ~aornm.<'111~@if fosiaflfnt:J futl:~rat tmiotng or.i. the- so.uthern eeotlah 01,1e tQ" oontinued slope mo\,fel'lient$.l'ld re,mQyaJ·eyfwaterfromthe elope. to t1bl~lil infurm~tkiri telated to.the li::iru;iaU.cJe forfl)ture ·geol$chnfqaJ evaiuatkm ~nd to da.termlrte thf¼ looaflan to remove the water from. Witght roflstruotiQn perfol'ltlecf@r~ding to install M aQOl;)Ss. road to inWtll two lt1ciitiom~t~ts. •
lJtlllties.Agenda Re!Jort ' t
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1 Agantta ~epotf: Page .2 . ' .

Oue. to ihe l'irtlwrJMey otel:.lted IJy tAe J~!'.ls.lldl;)~ staff ls.t<?co.mmending {h~ City Oounou(· rattfytha PQnstn1e1!Qn, coaf;8 whlbh warfl,, perl'ottl)eq on a time an6 J.11ateriaJ 1:iat\fs wtth • Wrlght Co!'lstrUatiM Md &pprove !iddrtfonal -funding 'fctr· tteoteohnlo.al ~vafo~Utih, povil~r ,p.i:.1.lfl J$fptiijtl<.m1 ftm!Ini:.irne~r tnetl{lllt,1t~<m and hy~o~uger Qr tl~?n~ge oonstruclion, Gtven fhe e. artoy -~eolamt!on due to irto.rm tlarttage, siaff Is rio@itlin~n&1wfth Oaltt'othl'a ·o!Emertienoy§lf;!rvioe ~r,i~ r::gMA to 01:lt~in·funeUng f.9rthl~ proJedt. • •
firojei.at v021ls arfi> estlrrtated .1:1t;, foll!;)Wfr. ·oettteohn~ai
.f!(l~r ·Pola.R,ijlOOf,ltior,
lrttlllnotnetijr rnstal[at1ott
H ~ro:au er!D afn e
Conslruotto~)
't?noti1lhftl1d~d Action:- Sf AF..i:i ~®MM~Nhs THA1' the .Olty Ool.inoll:

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1, Ml:'IW> t1 flndif!.Q thin ·an e:rqwgemy e~ete :du~ tP·th!:\ po\$tjtftill .fsIJ!Jre or ~n ~atrng t:i~WQ't p~mp ~tlon ah'd that the situatloii ffi4ttfms htimecli~ta~otio11 to :pra~t1ir1t or mitigate. fn:lptafrm~nt to ,properl;y-an~ pub!l9 $er~1 tb1;tt mlihl o;iEin111l,~ pccur .If rf)rttJlre.d to lq~ d~T$1Yfi attri.bute~ io ~he ;f.yploal el1glneetlng daa1gn ahd pubUo M_l'nj:latltlve: bktdihg prb~
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2, Oapf~r'\l, that the l:)UbllO iirte$st ~d fleoillsslty demand fhe lmtrt!dl~tE) etpeJ.idlture bf pobttb fLU1dl:l tq sat-e~'t(atd publlo fie,Ith~
$,, ~pprova ;a suppl~~~nb:11 -appropriatio.fi ln the amoQl'\t pf· $200,~09 m acoount mirnbar 054--4'71:l-45SOQ .. O.dQ .. 1 atn8 from tM &-e~~r P-1;11'14 Oep~oJ.ation R~ee~ '
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Attao1Jm~nts: i-..oi;iaUon Map.

Nofifk;aflop: None.
·bW.,MUra~ml~~!»tllpdl)\lll!lltll~\4,fa.,!p.,l-<lllsf(!-:la: \lillUri)'ll!'lilllrl&lcltl T.m'lp~.d~ .tM&1Qf6&2 11~11~20 / 61~22
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AGENDA Rf;PORT

SAN CUSMENTE CITY COUNCIL MEETING
Meeting Date: September 171 2019
l'b:IIWSd11liP@M1!'Nili!ii1W I t1 I i Ziiiil!lf M#/•"1M1M ft QliiiiliWI\ iJNflill Iii I 4ll#AMsi Department: Utllftles
Prepared By: PaVld Rebensdarf. uuntias Dlreotor Jt!.

Attachment 7
AQ~dEI Item i.:t
ApJJtoVtl/f;
OltyManaglill'
Dept.Head
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Attorney
·Finance~-~--
tsfflh\ ,,.,. -
Cl'rYCotJNOILACCHPTANOS AND NOTJOSOP CoMPLl1110N FOR LINOA LANE Pup/fp STA110N PRoTEGtlON, fJR.O.Hm1 No, 1tlamJ. •
Fiscal fmpa,;:t: Yes. A supplemental appropriation Is needed from th& Sawer Fund Oepreoiatlon Reserve In the amount of 1p2a,ooo to account nwnber 054-476,.46$J0-000~18209.

There Is sufficient fund balance Within the Sawer Fund Depreofation Reserve for thts • expen~Jturs. •
.Summary: Aooer,tanoe and Notioe of Coinpletlon for W11ght Constructing EnglnearJng Qol'pOratlon (Wright} for complEltlon of oontraot work for Linda Lane Pump Station ·1 Protection. • • •
Saokgraundl . :

Discussion: In June of 2016, movement was noticed on the bluff above Linda Lane Pump Station, • 'ro )')t'Oteot the sewer pump station from sou -slufflng, a temporary soldier pile watl . approximate 00 ~at long With I beams and wood lagglng eight.feet in height was oonstruotecl. oue to continued s1ope mover,,ent, 1:1everal of the I biaame supporting tne . wood lar,gtng began to show qltltres& through rotation, To keep the wan from fet11rngJ Wright was· hired under an flmergancy tonfract to instaU lataral supports and replaQI!! the uppar sedtlon of the wood Jaoolng1 which Wh M11fled by the Olty Oounon on June 121 201a for up to $1201000 (Attachment 1).
• oua to above awrage ralTlfall durtng the wfn1ar of 201·8/191 the soil slLlfflng and slope movement lnoteaaed on the south tide of the pump station. To ~roteet the southedy porlkm of the pump station, an emargeney ohange order to Wright's contract wat • -authorlzad by th& Ctt,y Manager and ratified by the- City Coone!! on F&bruary SJ 2018 to extend the wall eight feE!t for up ta $60,000 (Attachment 2).

Follow!ng City Council aoUon on February 5, 20191 the power pole eupp!ying power to the pump station falfed'rJue to tha landtJllde ~d was relocated 'through 0oordtnat1Pn with &m Diego Gas end Electrlc, In addition, dul1ng the wall extenslOl"I, LGC Gleot&ohnl('JQI Englne&rs reootnmend-ed Installing lateral bia~ng on tl1& south~m section due to continued elope movtment and removal of water from the slope. To obtain lnfannatlon related to t11e landsRde for Mur1:1 gaoteohnlaaJ evaluation and to determine Jhe locatton to remove the water fron\ Wrlght construction petf<irme.d grading to Install an ac~ road to lnstaU lWO Inclinometers. The rE100mmanded work was oompletad under an emerganoy ®ntraot ohang$ order and wai ratified by the City Oounoll on April 16, 2019 for up to ,195,000 (Attaohment 8). 9-1t?l-4W~il.W 61-24
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' Agenda Report Page2
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The total project cost from Juna 2016 to present lnarudlng: Impaction, oeotechnloal, J I JnoHnomatar Installation, po~ar pole re!ooat1011, hydroauger lnstallatton Md for Wright , rs approximately $398,000, of whloh, Wright'$ -coat le $805,645.97. Sta.ff is I recommandln!:1 a $UppJemental appmptiatlon of $25,000 to continue geoteolmtcal eva(i.ralion as neat.led. • :

Recommended
To repafr the slop~, Oley staff la coordinating W!th the three properties above the landsUde to obtain oaUfomla Coaetal Oommlsefon approvafto l'fJgrade the slope.. lrtoo pro]aaf Is not approved or If ft rs approved and· an agreement between the property ownara and the Oity can not be reached, rapla.oament of the e;>®ting 111/all or relocation of'lhe sewarllft station wlB be needed rn theflttul'!11, Aotlrut: STAFF Rsco\1/MaNDSTHA!the City OouncU: . ' . 1. AQoopt Linda lane Pump ~on Frotecfion, ProJaat Na,16209; . . . .

2. Approve a supplemental appropriation in fne amount ·or $26,000 to aooount • n~et084'476-45800-000 .. 'f8209fr?m the ~ewarFund Deprectatlon Reserve:
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3, • Authorize the Mayor to execute Md Oity•C!erk to record the Notice of Oomplet!on for Linda Lana ~ump station P~otlo.n, Pt-oJaot No, 162b9; . • -. • (\.

4. Authorlz& tl;ts Ofty C[erltto ,reJaa~ the Payment Bond 35 .days-from the reoordatlon of the No~ce of Compietion upon verlfloat)(Jn WJth the Engineering DMston that no liens have .been levied against Wright Construotrng Engtnearlng Corporatfon; and 6, Autttor!ze the Ofty Cieri{ to release tlie Performance Bond upon 1-ecafpt of a Warranty Bond Jn th, amount of ~6% of the construction cost~ • A:ttaohments: 1. June 12. 2018 City Counl'III Report

2. February 5, 2018 CftyCounclI Report.
s. Aprfl 16, 2019 Cfty Counatl Report

4. Location Map

5. Notice of Compleflon
Notification: • None.
2-2-21 / 6H-40
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AGENDAR~PORT
' IJ~artm<m~ Ufflffies tlJ
• Ph,patlld By: Davkt Rl:\btirtacrotf, Utlllff cis Dfrs~or Vf'+--- Subj~cl: . ~inWCY PRIJt/¥J'flOIJ FOR l.lN.r>A LAN!i A.IMP STMI~ PR.OJSGT No.~6.209, Pfs;il lmpartt: Ylll&, Tha ~ for ti'll:!' el1'ltll'QIMY J)tafsotror.t·IJ 'estrniMed at $140.tOOO. A t\uppiel'rtental • 11\pproprJatforr ll nl/Jfdeti fto111 the SlllWar ii:untl 0$pmofatton Rewerw ln the amaunt of • $1401000 to aooaw'tt ntnnber OM-47MUSG0,.Qoo .. 1a209. there Is W.lffidtmt fund' b~tamewlthin th!) ~r Amd llepmll'JtlOl'I "Rs$erite forlhls HP~Mft&e. • . . ·,. . somma.ry: hie CftY'a Llndl Lal"l{:'f Pump Station rawlvea rmw. ~t> 'ff(WIS ft0tt1' approximately My perr;eht ¢ the ott;e st1111ce arma l'll'I~ Is ra crlt!ail fadlllit'for sMveytng sewage to thet Water Reolrammtan Plant for ~itttint The fa<llllty'fe lo~ bi!tl°'!\' the 00:it11tli\l btllff and adJ!fl$rn to the b~Hh Trall )$t north of Unda Lane olJl .. cfe..aiac..' Appmxl11'161fE11y ~ y~. ag1:, t$ l~ndlilllcf i, ooournid ah 1he ll9artrl bluff abt:JVe tht ~IJMP ttdollt ill J'>jtdl9(t the PllnlP ,taitrlj!\ (ii 80 f'E!e.1 fohQ find a1ght feet hl.Qh &ofdl&t ptle waff ·«mslatft!g of f .. blmn'IS f.lnd wa1ad kiooln; IMNJ oomitru• The &tnl&tfure wall 4m,nad as a wmpamry hTE>aet:rrEt to ataw·tfii l.'nllVimti.llt of"~!! and wias tiatlntended . • t~atop a.tn aotlwe lam!alld~ Dus to IJ'loreiaSl.llq slopemo~nt, tha rttltth!flb eectfon 'Of iht taok.1ler pile waif ha reand 1w alllpadty ~111frequl11;s fUttbdrh11oh'ls to extend the • ira of 'th~ wan ..

Tha Wllllbr~ol~WEIS des;nitf tiyt$O Ge~l'tkal ElL,gft,$$J'S l!lttd MoNiaff fflructi.tral Slngl'naet"P ,nd Ci'Jl'lllt1ia of crJnnt!Wthrg ltttataf supptitlm (raker-s) k} btrritild f..ba!'ll'l'li' 'that w~re Installed wt!h the ttriglnal wall to add eupioait to iia ta~atln:g vett{l:Htl J ..bsmms. Jn addlflon, the 1.Jpper eeotlon tJf tha wood k!lffllng w!H be rapffaoed and the sl:1-ot,ger srn~Haraaotlon oftlw la,ggfng will be placed_againstthetol•torlncroaed atraoath, 1'h!Q temparary eolutlon Is rntendad t0. filxtend the l.lfe c.11' the eX!stinS wall, White the long terln .i,11M1011 to reQrijde ttrs sfope t& under Gl«i~l'! by tile property owner iand le pandl{ig approval from fhs Ofty and c«lffomta troawit bommtsslon. If th& slopt\' naoonstruotion projsot Is mpprov$lil, Elrt opportun~y ta asetst with fllndfng or ta partriarsl1Jp wtth tlm Tmmedlate property owner and adjacent «iaett'fl bluff propertieni mav be brought back to tna Ctfy Oounoll,fot oonslderatton. . f ('•
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, Agenda Report • Page.2
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EingineerinQfParmlttlng
lnspaatlon .•
Oonstruotlon
Qontrnmwoy (2Q%> ' Total Cost
$ 10,000
10,000 , 100,000
.. ,20,l)QQ
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Rd001m1Jtmded· . Action: , S'rAFJ'I RE!COMM!NIJS THAT the~ Councfl:
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~ . 1, Maka a finding that an amargettoy exist.a 'due to the potential faillll'8 of an Elldstltig sewer pump statron and that the sltuatron regufres rmmedlate aCll:!on,to prevent or· mfflgE1te Impairment to pmper.ty and pubflo service)!, 1ha1 might othetwlw ooour ff required to rnour del~ attributed to the iy.ploaf ensJneering desfQll and ptbllc oompeWvabJddlng proceas; • ' .
• 2. Oeclare that.the publro rritarest and neoesslly dema~d 1he·lmmedlate ei<Pendffure • of pubUo funds fa w,suard publlo health; • : r I ,,
s. Approve an appropriation in the amountd$140,ooo to a@unt numberoa4-47a.:
•• 45800-000..-J6209 from the Sewer Fund Oapreolatlon ~; end . . .4. Rai!fyth& etneiuency'Oonstrootlon oootrachNlth'Wrlghl ponstruaUon E!ng!rieetillg • Corp, on a 6me and mater!Ells basts for. up ti, $100,000 for the an"Ie111ancy. . Prate~n for µnda Lane Pu!T!P Statton, Project No.162~9.

Atta_Mlmm1ts-: Lqoatiort _Mi!!p
' . Notification: • None. •
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PROJECT. · • •.

LOCATION·
' , Clt! of $8JJ. Cltm10JJ.te
tit!! l1allu l.'l!A'1il.!I) if.GO
.,11:11 memnta, ra iii'~:\ ;i .. nuta •
Em.ergency Protection for
Lln,da Lane Pump Statl<;,n . P.N, 16209
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4-5-22 I 61-52
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mor:tliy tha· tanca t:11:lt;f .to P.urohase necsssE!ly lil~PlirlE1t1~t1c!ll!i\ 'fur th!!t hypaae plpeu11( • 110Meotions,. . • ,
Reol:Jfl11ilf!.mf¢
Jlot11J.n: STAF~ ll~MM~$Ttti\r flte Pttv·OounriW:

1. Maf<tl a flncJln,g fflttt en ~lnfll'fleooy aid!!!:$ due to th~:P~l'l'ttal f1;1llum 9f a_n ex1$ti\lr, tla.~t ~wnp ~t111.tlot1 and that thf) ~lfuf11t1n tsql.!iraJ Jfuffiatlf~ta nimon tra ,pfe~nt il)f mWt.t* trnpat1m1.1titto }jl'oper,l;v !.'Ind pttblli:a1ervti;ies1 th1attri~H>theiwlj:!t OOdttt If • , rl;lqr.ifred Jo rt1DtJr detay,a attrttui:~d' ij) th~ typrt/itt ~~tn~ftl'i§ dea~n and PJ.1btlt1 c,pf11p$!'>. biddtns protw!l!itj ,~
2, t>e~are that the P®ffc Inte.r~ an~ ®GS!$/t;y demand~~ tromad!ate exp~fidltum ( i • or p~bllptundl!f io sat1:1Jtt1ard puhlia health';
3, jl;pprtivill a ~(41p[em~lita.l a_pproprf~o fn the .mmi;,um ti $7tl1t1ol:l to ~~l.lrtt nl,lm\>er 0~1HY.a~aoa~ooP:1a2:oa from ih~ e~~ Fund tlepreclatkm RMeiv,; atid • •
.4. 11{ijll'f¥. th~ ~r~~n~y (:QAAtrtr®on Odtib'ap.i; t'lha(1Sis Orctar witn Wright aonatfubtkm. ~NJ!ri~r!f-W Cll)JP.. fi;:ir.up to $~Q'~OQP jbr(h~ °Ern!;lrsanoy'Protetltlbfl fQt :Ut'ld~ Lane Pt1~p Sfatii;Jfli Projem: Na.16209,
)\ifbdlttrli9/1~: Lco.atfon Ma~.
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Emi.lrg . for
.t.tncla Lane·Pump Station
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AGENDA 11EP0Ft'"r
SAN d4EMef,/f El '()!TY OOUNPll.:MaerJNG
Meet!nq Oam:Ai,ril 1ij, ~018
/Jet,tJrffnenti. l/ttlifras
Pl'$pllrt;td By: . DaVid Rebensdof& :IJtlllties 111telltt1r Pf:.. '
Su4lect:

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Pu$'J.o1hi:Hfitlergenwormited byil'ta landisR~Ei. itft~.reoommtn~ltit1·thi/l Ofty Ctn.1m1ii(" • r~ t:hJll oona~cttQn oost-a whtoh wera fi/iiffor • ?- tlrM antt tt.i~Mttf tia{lt1;i w?fh Wtt!;!hl G01'!$irueitt"oti EIVttl approve ·i;Jdd!tlontJ tti -fur l;l"1f)t/adh!ilaal 1;.waftfafin11t p~wei' ,Pf;!!~ relocra.tkm, trnirtni:.imefu.r. Jnabiitl~tton ~litl ey£1rp~t,1get qr il~ag~ Q9n~mct!on., :tillwri 11'1~ ~rri~wen/$ dalila~fon 'CW~ t6. . tramag~ sfs.fll Is ~~rdlnatriwwtm Oafifom!a Offfl:le ~1 EM'E!fQ(!JttQy Bi!Ma.und • to t!btaln fundlng ttirthtoroJect • . :J:,rdjwot ttq~fu aIT1 f:ls»ma.ted aa follow$:

G.~fetihtif~I
Po~r Pote ~JQ11~fl\ln lnbfitiotiletar lnatallatll.)li lli~,u.i~db~ln~e r4<1tia11 • Jhl oonatfl.ttltton) I • I
A ·~~Nt!lttitl~n ll:l!f;!ned ~y ffle pr<tp~Jiy 9wr,tr dlmml ¥,iibt\v~ 1t<l~ J~n<Jtlo:te~ fiN!l a Ptwi'ri;les ~n-, thii 'Cl\Y tor • ffit s1oJ1i~ ~-ti.ul.!rnlttml 'I ~tnl11fil.tQ~ ftf t;)ei®~~i" tfit t;!li1p~ rnfff!ll~tikili fl'l;(.IJ~ ti;:t1pprovsd, Wt PP.!J~~\Y to ~riowwm, ihi11 p.medfattt prap~tfY-,ol,1{r1.Eir ~nd ~di11J~$nt ooa~! blt'lff ptQPeriie:i rn~· be bt9UJjht anl'Ak ~ tM t:}fW 0io1aw11 for ~ . .ll{lriv1Met~1on. ThJ wartri,a\ 11constru~Mh ~f tf1i)) flkip~ rna,y otJ®r fl!} e~mmtrlfali ~ ) ~01 p .pern;ttng ff ol!d de\l!ttn anU P.fJttrililf~. ~ • ~ • Re®Jni}'jJ1i1tl:lltd. •
~tklQl ' STN!FR~M~Ntif 'nlAi' ihe Oif;Y Ot!Untm
• 1. M~l$•• flndi11 t~at an ~"i'Qen~y ex}!j!Jl:).d«a t~ W~-~ . n,yre of al.'I ~ti® ,!flW.er,pum1',.tiM1~n efnd that lmtitctaflon ~tJ.cri~:lm~ ~otkmt.o i:,tevtmt eir ~ in1p~m.0nt to. PlY>PtliY eimf f!).1.1bli(.I ($,rv~$$ ihat ~ht oth.~l'!Nt~~ Q~!Jr:lf r r~ w iqi;J.ir deJ~ alfflfJ~ tiJ thelfJ,'pf(!al flntilne~ff~Q doo?gn arid ri\lbUo oo. ~ltlvt bk?dlils 1:1ro~e~ •
a De!ll~re-tn~tthial ~obllo IFlrerea?iartd naoe$ntfy' d'.~nd :fht ii\'lrrli!lt:llf!~ tn<~tlt.tl'ISI ,ijf'pubtklttinris. ftt aaf~4arrr Pt.lb1!e'hwlth; .
a-, ,App'r(}Vi!I tc sopplemenml 11pproprtafrnrt in the ~mdmit of t@o;obo to ttcb0ut'lt nutnbtlf' 0.5441~4!.fflOO-OOO~ie~ from ~ $WEJ.r f..un.d o,~r~t;«atlon R~&MJ::
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Notiffottt/Ol): N<lne.
[11c$1W~ft1~~"1d~!lmln~~'MIM~IJ<liellill!lll'~rlbl(ijtjltljp,i~ 2-2-21 / 6H-48
4-5-22 I 61-56
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ria £s.'1e Pill. tJo.f.J
f.fl, f.f!($· •
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PROJECT'·.
. LOCATION
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Attachment 4 :
. ' . Emergency roteatlon for
/ . .Jfl.da Ltme Pump statlt;,n . P.N. 16SO!J
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4-5-22 I 61-58
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~i:r.i,ptteeoxob)gte(J.l!llsood. byth~
City of Sap. d(ementep~ Gqv, Code Seo. ~7383
1--------:----O!tyCkr.tk·
WhOJ1R.eootded.lM'Jdl To:

Oitydwk
Oft,y of S!lf\ Cl!llrwh.te
9tOOitt'eNegooi.o#Me#l00
S11U.al1.1m~ dA.92673
NOD:CE OF COMPLETION
Attachment 5
Space abov1Hk!H linafor Re11rm!f#;1 use
Notioo 3ll ha:oobygmu. 'by the '11lldw:signed ow».e~ a pnblk, eulli1'1'.1ftho State of C!llil.i:mlill, ihnt It puiiJ,io Wol'k of imp~cmt~been ®!l!J?le!ed as~ws:
hoJ11qt title or de.rtiripflon qfw(lrk: LfuaaLane Pllrt!t) S,tati011P.rotao~ 1'1:qjeotNo 16209 ))(IJe.qf,;qtn.p]eltM: ~UM2712019 i
Nqme "' tiWi/f!J': 01f;y o:l!Sl!n Clootem.to
lt1#J1'1J3t or estate cf mvncr. ,t:t~
Atldreas qf'_Cimer: 91ti Orule'N;,sooio, Suit11#100 San.C1Cltlltttlta, OA9W3' • • A • N,ame qf ,;l)'l'l.tracton Wrlghl; Collllmwfloti. lfusltteerl:ng Coi:p01'li.t!oi.l • !Jtfqtii ai(drt1$ er legal de;1crfptla1t q/'JJiffJ: Llttda Litne; $im Cleflle1.til\ aA 92672 I •
Dated: Owner: City o:fSan. Clemente
Meyor
St'A'.l'B CW CAtm'OlOOA ) C0UNTY0iORAN<m }~ , OITYO'FBAN~ ) . ' I ltlD. tho (iil,y,0~1:kof the Cifv 0,$an a~1 thepublio il;l!.titJ"whloh e1!00Uted the mg~ notfue, and oil w:hosei 'bmm.'lfimake ibis renfio.atiom Iii.ave mdsllid notkte; bow 1ta tlelrl:.mw, 8!lt't the s!!l!le l's true. l 11etfilyunrletp@U11y ofpe'3uey twit~ ~gc!llg i~ tutti 1D,1.d oOJre_et
CityCiei.t_~~-~---~-
Datoo.thla_d\l.Y of _____ __,__..
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4-5-22 I 61-59
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2-2-21 / 6H-52
4-5-22 I 61-60
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.RECORDED AT REQUEST OF
AND WI-IBNRECORDBD RETURN TO:

City of San Clem.oo.te
910 Calle Negooio
San Clemente, CA 92673
Attn: City Clerk
Attachment 9
6103
\J'se)
OPERATINGMEMORANO . TBEMARQUI'I'ASLO:PEJ.NTER1M
This opetating memorandum. ( . • is entered into by and among 'company e'Marquiti?, MARQUITA LIM;[
nonprofit corporation ('WA #1"}, S
nonprofit corporation ("ff.OA ffl:?t
coll)omtion (the "Ciff,, :Ma:l:quita,
collectively as tru, "Pam.es" and sin •
A. ;Mm:qo,tta
Avenue, Stm Cle.tne
Attach-nw.nt A, Pro
• mia
munioipal
sometltnes referred to
etty y know.n as 259 West Mai:quita
''), whioh is legally <l.escrlbed ab.ct' depicted in.
ch is fnoorpota:tecl herein;
f comtno.nly knpwn M 255 West"Marqa . '1 wltlch is depicted on the Aerial View, and D. fee own.et of the :prope.rly COll'.lmOl'icy° kil.o"WJJ. as Linda Lane Pump $1:atiott, San Clem (the "City P.t.'O.Pmt?, which :ls depicted on the Aerial View. and legruly described on ~bibit fi:, The Marqult~ P1'0!)erty, the HOA #1 P.coperty, the HOA #2 Property and tho City Property are sometimes refe.tted to (lolleotively as the '-Propeaiies" and smgula;dy as a •'P.ropaey;" '
B. 1he-Properties are contiguous to each other and ahare portions of file unimproved hillside bluff (the •
1 B1uff' which is deplc.ted. on the Aerlai View; •
F. The Bluff has sustained :w.aj:eria.l mun.age and erosion BD.d xequires prolll,Pt reconstruction w01k (the '".Reconstruction Work"), in otdei: to-p.roteal: against da:in.age to public 5'4S101400\SZ111039,1
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utility :inftastructru:e, interruption in utility sei'Vioe~ damage to public and private property, and harn1 to per$0.US; _ •
G, In order to properly effectuate the Recomtruction Work, the Parnes fully intend to l 1 ente1· m:to an future agrefJm~t f'4,greement") so that the patties would, among other things, (i) be jomt applicants on all required wbmisaions to the California Coastal Co:tl1111ission, (ii) jointly· exeoute all contracts required m connection wil:11 the Reconstruction Work~ and (ili) shme in all costs. and expenses required in oo:tlllection with the Reconstruotion Work in accotda.uce with their 'I.
respective percentages to be set forth in tb.e Agreement (the 'i;petcent "); II. Because the danger posed by the damaged and continues to mount~ des\gn work (''Interim
pp:ro'Vals to prevent
the Bluff 1o Linda
the Parties ha.ve e:s:pended and ate e~ending coma to perform.

Recoltstruotion Work'1) to expedite Coastal Commission
ftu:thet damage to the Bluff and to protect against itnp Lane P1.1t11p .Station; and
I. , The Iute.rlm. Rooo:11stmction Wor
expenses are pl'ov.ided as an estimate .in Attac
Reconstruction Work performed by Marquita; and 1
edi'uture
Interim
vlded in
ntinue the Inte.:d:tn
ent; each patty will
ed in Attachments
Atta.cbmi;,nt C., Marquita Scope of • and the P
Reconstruction Work as necessai:y w.
keep an accounting of costs related to
B and C to be shared as part of the Agree
;r, The City,
lnt~t'ltn Reco.nstru.ctio
K. B
ultunatel
Patti
des
h
Re
sh
Pe
an
executed,
covenant not
revie-wing and approving the
1: per.formed is consistent with and would
ed for the intended A~e.nt, (i) the
<i1J.s-tructloli Work consisting of geoteohnical _ ent further damag(? to the Bluff and potentfal 01tStruction Work should be ID.eluded as part of the
:k: wder the futtn-e Agtee.tne.nt; (iii) the Pmies should e of the !nte:d:tn Reconstmotion. Work acoording to the ement; (iv) the City, at its sole discretion, shall cootinu-e to review ct.ion Work as appropriate; and (v) until the futu:re Agi:eem.ent is ction wor:k should be c~vered by a.n inde:ttinificatioi.t claµs~ and o that contemplated by the_ Parties for the future Agreement.

TERM$

1. Recitals. The reoitals .included above ru-e true Md correct an.dare :made a part of this Memorandum . .

2. Interim ;R,econstrg.otion. Wo~ The fute:rim. Reoonstruct.io.11 W-ork:per.fottned by the Parties, whethei· as listed in. Attachments B and C or as reviewed and approved per the City's disoretion under Section 3 of this Memora:ndtun, shall be included in and the same as the Reoonstruotion W-0tk 1.mder the future Agreement.
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3. QtyR.eyjew and Diso,retii:m. The Cityahall. at its sole diaoretioD.i contmue to nwiew and a.P])!OVe tlte Jnte:clm R.ecoruro:uoti.on Work as approprlate and co:nsistent with local, state~ and. · fedora! law. • -i

4. Com and )kQ®Ses. &cept as provided :1n· Subsections 4.1 and 4.2 below1 the Parties shall share responsibility for oo.sts and elqJ(mSeS of the Inte.clm Reoonstcu.ction Work a.oco.1:dhig to the Percentages set.in the :fu.utre Agreement. . I

4.1. Qowl Permit 1Mµag,oe, Tf the Calffi •
pettnit for the Reoonsttuoti01'1 Work. but tb.e Parties do Agt-eement by May l, 2021, the Pm1ies agree
determme (i) reasonable percentages for which th
ssion issues· a
tetnplatet! future
in good faith to
:ttSt'bility for the
0081:s md ex;penses ful.• the Intadm. lteQOiis onable 1neans af payme;nt for the Parties to satisfy theirrespec

4.2, • No Qoastal Permit es not
issue a ;pe~t for 'fh€:i .Reoonstroolion for its
expenses provided in.Exhibit Bas we of the
Inte.rlm Reomistruction W, enses
provided fn Exbiblt C as liteJ:hn.

Rec011stt'I.Ultion. Wotk.

4.3 lf the califo
the total J.11:
the :full
Homeo
Parties may deolde to either
roe.ntages o:r dis«mtinue th~ project in
~ Rooonstnwtion Work •
as the Rooonstmcu.1)11 W~ tl:ds
on pro'risiotl.S and covenants not

4.4. d'--~-,~~-on v1si • :lil the • eem.m1t, Umll t"b.e Agteemen:t the is exe<.mted and e:.ffeotive, fhe Interlm.Recomll-uction Work shall be covered bytba following indemnification p.ro\1'.laion: Each Part;y (the ''litdemmfying Parcy") shall indemnify. defend~ protect and hold the other Parties, .and their tespective partn.eta, officers, di:rootors, affiliates, ma:nagers, members, shareholders, ag~ts) SJIOOO~rs, and assigns (collecttvely, the "Indemnified l'arlies'' hamiless :,,om and aga.itlst any and all liens~ clalmsi, lqsses, liabilitles, damages, co~ expenses, causes· of action and expenses (inolu.ding reas0ttable attorneys' fees and eourt o0$i'S) (oollwtive]y, which i;peoifica11y exclude consequential 654S2.01400\921'110S9.7
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and/ox punitive dmnageer, ''Losses'? which any of ihe Indemnified Pmtle.s may m.lffer or . sustain to the extent arlshig 0ut of an lnde1nnifyi.ng Party's b.rea.oh of this Metnora:ndum, Notwithstanding anytlrlng to too cotrf:J:i\ty contained in tltls Memorandum, the fo.tegoiug i:ndemnifiootlon obligati0:t1s shall not apply to atJ.;st Losses as a.result of tbe gro,11s negllgenoe or intentional acts of the Indemnified Parties. All or an.y portion of the obligations for whioh an Indettllrlfying Party becomes Hable iw.der this Section 5, 1 sball be refe11·ed to· as the 1'lndemnity Amount.'' The Indem.tlifymg Patty shall pay ~e Indemnity ~oU:fit to i'he Inde,tnni:fied Partl'.es 'Within ten (10) days after :receipt of an invoice from tlte Indemnified Parties.

4.5. Covenant Not to ~ue untll the Am's)ement.
a:nd effeoti:ve, the Intelim Reconstruction Work shall
not ·to sue: Ea.oh Party, on behalf of their respective m,1in.aget.sJ :tnel.llbe.ts, shareholders, agents, 1'R,eleased Parties"), hereby waives, releases, cost reoovmy action~ make any claim for
again.st any ofthe other Released Parties
respeot to any aspect of tb.e Bluff or the
u.11.derstands, intends, and ex,pressly- agrees
Califo1ma Civil Code and ~ ma
oonnscti.on. with the forego:tng rel e. Section

A GENERAL
TBE
0 e:oo.en.t is eicecuted
goovenant
s, affiliates,
ely, the
iring any
or claim
wn, with
h Pru:ty
42 of the
ex:preasly waived in
se.sfollows:

CLAIMS WHICH
TO EXlST 1N IIIS

TING THE RELEASE,
HJ3R ST HA VE. MATERIALLY

T WITH THE DEBTOR,
dtlll1 may be exeouted in one or more
ut all ofwhioh together constitute one and the
n of this Meruo1-andum or any ofuer document refetted
11i held to be invalid, illegal1 or unenfoxoeable, then to the ~ such invalidity~ illegality, or unenforaeability has no e:ffeot on !l'attdUlll,

1. C dies, All rights and 1-emedies of a Party Etfe cumulative of each other. T.he exercise right or remedy may not ,prejudice or impair the concurrent exeroise of ruiother right or rem y,

8. Representation by Couna:el; -;Bgual C0118t1.uotion. In executing this Met:no:rroJ.dw::n, each Party has been rep.tesented by aud-conattlted with 001.Ui.sel of its ovvn choosing. Baoh Patty has oarefullyrea.4 t1nd fully:understands tbis Memor~dtttn mits entirety. T4e meaning, intent and legal effect of this Memorandum. have been :fully explained to each Party by its respective legal counsel. Ba<:ih Party represents that it is oompe.tent to e:s:ecute this Memorandum and that it has executed this Memorandum :free from coerolon, dm'ess, • ot undue influence. Each the Party has ' .

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pru:lioipated in the review and :revision of tltls Mem01:andurn .and; therefore, n~itb.er Pmty shall be \ considered the drafting Pru.iy fat pt111Jo.ses of resolving a:tl'.Y alleged ambiguities in the Memomndum. ' . . 9. ;E,;ec11tion and Effective Date. The P.artiea have -0aused this Mem.qrandum to be duly execu:ted and shall be effective as of the day and year first above written. 55452,01400\:32171039.'1
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[Signatures onjollowlngpage.]
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SrGNATUlIEPA.GE TO

0.PERA'l'JNG l\IE.MoRANDUM JOB.
'1'.IDII M!n.Qu.rr.A &on lN'l'I!!lUM' Rli:OONS'J.lU)'CT[ON Wo.nrc DA,TEJ) _____ -J __ _
MARQlJlTA:

MARQUITA, LLC~
a Califo:mm limited Ii~llity co111paey
By:, __________ _
TitnothyRacl.~ Managb:ig Metnber
HOAt\11:
:MARQUITA. LIMITBD HOMEO
ASSOCIATION.,
a Catifor.nl.a. 11.on~oflt cmpomtion
UO.A.#2:

SEA BLUFF HOME
ASSOCIATION.
cotpOtation
Joa1W) Baade, City Cle.de
AstoForm: ------- Scott C. Smith, City Attor.o.ey
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ATTACJIMJilNT A
P.ROPER'lY DESClUP'l'ION AND DJ!lliICJ:XON
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ATI'ACHM'.EN'!'B
SCOPJll OFWOBK(Cl'l'YOFSAN ~
the. scope ~fworlc forthe City· of San Clemente to complete th~ design.:fortlw bluff includes the following aotivities: •
• An~ and partial design.for the coastal bluff geoteohnfoal design for the project (not associated witll -the proposed building footpr.inl: at 259 W. Ave. Marquita) • 1:n.stallatlott and monitoring ofh1clinomete.rs neoessaiy :for the geoteohnioal design.
• Legal services asaooiated vnth tlw lmerlm Agreemen;
Coastal Commissidn applicmion and approval p:,:o~s
Partial estimate of future ~ actual costs m:e provided
:inolusive of all potentlal :ful:ute cost.
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. SCOPE O-»:WOJ.UC (MARQUITA, LLC)
The scope ofwotkfor Marquita_ LLC to imtiate design for the bluffinoludes the following activities:
• Cotqpleting ooastal bluff geoteabnioal design and altemati-ves a.na1ysht for the project (not associated wlth fhe proposed buildfug footprint at 259 W. Ave. l:tft) . • Pi:oject manage.ttlittlt
• Landscapwg design •
• Legal setViceii associated with the Intetlm A,gtef;ll'.Ue11t Coastal Commission.application and approvalproo
Estimated and actual costs axe provlded as part of
pot.antial futm:e costs,
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Attachment 1 O

OITY OF SAN CLEMENTE
PROFESSIONAL CON$UJ . .'l'ANT SER.VICES AGREEMSNT I •

1. • PARTililSAl\lD 0ATI:1.

This Agreement Is ma.de and entered into this ...,__ day of ___ 2020, by ancJ' between the City of San Clemente, a mun!o!pal corporation, organized under the laws of the State rJf California, with Its principal plaoe of business at 910 Calle NegoeJ01 San .C[ement$; California, 92673 ("City? and );tl:!'t'ER AND ASSOCfATl=S, INC,, a OAl.lFORNJA CORPORATION, with Its prlnoipal place of busines$ at 1519 CALLE VALLl?:1 SAN CLl:MENil::, CA 8.2$72 (11Consultanf1).

City and Consultant are somatlmes ln~ivldually referred to l1erein as ''Party" and collectlvely as 11Partles." • .2. RECl'I'ALS,

2.1 Consultant.

G(msultant desires to perform and assume responsibility for the provision of certain professfonal GSOTE:CHNICAL DESIGN consurtiflg services required by the City on the terms and conditions set forth In thfs Agreement. Consult1:1nt represents that it Is experierroed In pmviding pl'ofesf!fanal GISOTECHf.JlCAL DSSIGN cxmsulUng services to pubfic clients, is licensed in the State of Oaflfornlai If applioabfe, and Is familfar with the p!ans of Oliy. • 2~ Project.

City desires to engage Consultant to render such professional GEOTSCHNfCAL. 05$lGN. consulting services- for tlie MARQUITA SLOPI= INTERIM REGON$TRUCTION WORK FOR SLOPE R.EHA.BILITAl'JON ADJACENT TO LINDA LANE: PUMP STATIONt PROJIECT NO. 21208 proJeot ("Projec:t11) as set forth In this Agreement. 3, 1 Scope of Service$ and Term.

3.1.1 ~aneral Scopa of Services. Consulfant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and Incidental and cuswmary work necessary to fully and adequately supply the professional GSOTSCHNICAL DESIGN oonsultlng services necessary for the Project ('1Servioes1'J, The Servlciea ara more. partiaular!y described In Exhibit 1½'1 attached hereto and Incorporated herein by reference. All Services shall be subjeot to, and performed ln acoordanae with, this Agreement, the exhibits attached hereto and incorporated herein by reference; and all appUQable local, state and federal laws, rules and· regulat!ons,
a.1.2 Ifil:rn, The term of tills Agreement shall· be from THE DATE! ~OTEO IN SECTION 1 to Dl=CEII/IBER 31, 2021, unless earlier terminated as provided herein. Consultant shall oomplete the Services within the term of tbis Agrearnani, imd shall meat any ottier established schedules and deadlines.

BBK: A\lgUill 2016
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3.2 Respcn$lbllltZes Of Consultant,

3.2.1 jndepandent contraotor: Co1Jtri:1t an~ eavmont of subordinates. The Services shall be performed by consultant or underltssup&IVislon, Consultant will detem,inethe means, methods and detalls of performing the Servloe8 subject to the requirements of this Agreement City retains ConsuHant on an fndepsndent contraotor basis iand not as an employee.

Consultant retains the l'fght to perform elmilar or dll'farent,sarvtoes for others dudng the term of this Agreement Any additional personnel performing the Services under this Agreement on behalf of Oonsultant shall also not be employees of City and sl1all at all tfmes be under Consultant's exclusive dlreotf on and -contn.il, Neither City. nor any of Its offlolals, offloers, dlrec:tors.. employees or asants s~all havs control over the conduct of Consultant or any of consultant's offloers, employees, or agents, ~pt as s~t forth In thls Agreamenl Consultant shall pay au wages, salarlee, and other amounts dua suoh personnel In oonneotlan with their performance ot Services under this Agreement and as required by Jaw. Com1ultant shall be responsible for all reports and obllQatlons respecting such addition al personnel, Including, but not Umlted to~ socla1 seourlty taxes, inoom& tax withholding, unemployment lnsuranoe, cllsabmty insuranoe, and workers' oompensatlon lnaunmoe,

3.2,~ SQbedYIS? of-Servioes. Consultant .sh~I perform the Serviaes expeditiously, within the term of this Ag raement, and in a<:cordance- with the Schedule of Services set forth In Exhibit 11811 attached hereto and Incorporated herein by reterenQ\'!. Consultant represents that It has th(rprofesslonal and techn1ool personnel required to perform the Servloes In oonformanoo with auch· condil:lons. In order to facilitate Consultant's conformance with the Schedule, Cfty shall respond to Consultant's submttbitls In a tlrnely manner. Up.on request of City, Consultant shall provide a more detailed schedule of anlf cipated performance to meet the Schedul~ of Sel'Vloes. ~ . . . . • 8.2,3 Endo11w:wiru Q!l P§l&EI Qf;her Data. consultant shall sign au pfans, • speoifiostlons, estimates {PS&E) and engineering data fum!Shed by OOnsuttan~ and w'here appropriate wlll lndloate Consultant's authodzed eignature_and professional registration nwnber. . . S.2.4 Conformance to Ap!,'.!li!allle Reg!,l,1rmiw:,t-s. AU work prepared by consultant shall be subject to the approval of Otty.

3.2.a $upsti1J.di~n of Kev fmcinne~ Consultant has represented to City tl'la.t certain key pereonnal will perform Md noordlnata the Services under th1s J\grfiment. .Should ont) or more of such personnel become l.fl1avallable, Ool'lSultant may subsiltute other per'$0nnfll of at least equal eompeitenoe upon written approval of CJty. In the event that CifY and Consultant cannot agree as to the substitution of key personnet City shall be entitled ta terminate th!a Agreement for t:aute. As dl$Gllssed below, any personnel who fall or !'$fuse to perform the Services In a manner acceptable to the CH.yr or who are determined by the City to be uncooperative, Incompetent a threat to the adequate or timely oomplatton of the Project or a threat to the safety of iiel'$0ns or properfyi ahall be promptly removed from tha Project by the . consul~ at the request .of the Cily. The key personnel for performance of thls Agreement ~re as foflows: STl!PHEN B. PElTER, P.E!,, PRESIDENT, PSTSR AND ASSOCIATE$, INC.

S.2,6 Qffy's R!$J1JS&ntatiVe.' Th&, City hereby designates D.AVIO REBENSDORF,' UTILITUl!S DIRECTOR, or hlsJher deslgnee, to act as Its repreBentative in all matters pertaining to· the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to aoton behalf of the City for review and approval of all product$ submitted by Consultant but not the auth!>rity to enlarge 'the S<1opa of Wark or change the t-Otal compensation dus to Consultant under this Agreement. The Oliy 2 8131<: August.201 s
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Manager shall be authorized to aot on City's behalf and to execute all neeessary dooumentsWhleh enlarge 1he Scope of Work or change the consultant'& total compensation subjeot to the provisions contained Jn Section 3.3 of this Agreement. Consultant shall not accept dlrectlon or orders from any person other than the' City Manager, City's Rep~entatlve or his/her destgnae. • 3.2,7 Consuffanfs Representatixe. CorisuJtent hereby deslgn_ates STEPHEN B.

PETSR, P.E!., PRa810ENT, PETSlt AND ASSOCIATSS, INC., or tits/her deslgneE\, to a.ct as Its representative for the performance of this Agreement creansultant'& Representative"). Consultant's Represen~tlve shalf have fuU authority to represent arid act on behalf of the ConsuHant for all purposes under this Agreement. The Consulfanfs R~presentative shall supervise and direct the Services. using his/her beat skill and attention, and shall be responsible fol' all ma~ms, methods, 1eohnfques, sequenoess, and proceclul'EI$ ~nd for the satisfactory coordination of au portions of the services: undsr th!$ Agreement.

S.2,8 Qaordlnati<m qf Servlaeia. Consultant ~rees to work closely With Cfty staff In the perfCJrmanoe of Servloes and shall be ava!lable to Otty's staff, consultants and other staff at all reasonable times,
3,2.9 St§ndarg of Oare: Perfsmnaoti@ of Erop!oyea§. Consurtant shall perform a.Ir ServJaes under this AUreement in a. eklllful and competent manner, consistent wlth the standards generally recognized ta being employed by profsaslonars In the same dlsolpllne: fn the State of catlfamla. Consultant represents and maintains that. it Is ekm~ In fhe profeSstonal calling neoessary to perform the Servloea, Consultant wmants i,hat all empleyees and 111ubconsultantG shall have auffiolent skill and experlenoe to perform·the Services assigned to them. f'inally, OonJultant represents that it, l'te employees and tuboomtultants have• all llcenses, permits, quaJtfloations and approvals of whatever nature that are tegaDy required to perform the Servioes1 and that such licenses and approvals shaff be rnalntalned throughout the term of th!& Agreement.

As provided for In the Indemnification provisions of this Agr-ei,ment, Consultant shall perform, at Jts awn cost ancr expense and wlth(ILlt reimbursement from the City, any services necefflry to correct errors or 0mlssions which are oaosad by the Consultarrt'a falhlre to oomplY With t.he standl;ll'd of care provided for herein. Any employee of the Consultant or Its sub-consultants who ls determined by the Cffy to be uooooperative, Incompetent, « threat to the adequate or timely completion of the Project, ~ threat to the safety of persons or property, or any employee who fails or refuses to perform the Services In a manrter aooeptabla to the City, shaU be promptly removed from the t:'roJaot by the Consultant and shaU not be re--employed to pertorm any of the Senrloes or to work on the Project,

3.2.1 O !,a)N§ aog BewJm!Qns~ Comiurtant shall keep Itself fU.lly lnt'Mned of and in compllanoo wlth aU local, ~ .and federal laws, rules and regulations In any manner affecting the performance ofihl!I Project or the Services, Including a1I cal/OSHA requirements, and ahall give au nQtlaes required by law. Consultant shall be liable for .all violations of such Jaws and regulations In conneot!on wl~ Services. If Ccnsurtant performs any work knowing It to be contrary to suah laws, rules and reguJatlons, Consultant shall be solefy f$$J)onslbJa for aR costs arising therefrom. Consultant shaB d&fano, Indemnify and hold City, Its offlolals, dll'Elctors, Ofl'icerS; employees. agenbl, and volunteers free and harmless, pursu~t to the fndemnlflcatlon provisions of this Agreement, from any claim or Jlablllt,y arising out of ariy fa~ure or alleged failure to -comply With suoh laws, rules or regulations,

8.2.11 ~- Consultalltshan execute and maintain Its W9rkso as to avoid injury or damage to any person or property. In carrying out its Seivices1 the Consultant shall at all times be in campilanoe with aR applloable local, state and federal laws, rules and regulations, and shall 8 BBK: AUgust201&
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axercrse an necestar,y .precautlonii for tha safety: of employees approprfate to the nature ,of the work and the conditions under Whlph ttie work Is to be performed, Safety preoauttons, where applloabta, Ghall .fnolude, but shall not be limited to: {A) adequate fife protection and llfesaVlng equipment and procedures; {B) inatruotkms ln acoident prevention :for an .employee$ and • auboonsuttants, such as safe walkways, scaffO!ds, faB proteotion ladders, bridges,. gang planks, confined flpace procedures, trenching and shoring, egulpment ai:id other safety devloes, equipment and wearing apparel as are necessary or ·laWfully required t9 prevent aaolclents or Injuries; and (0) ·adequate faoll!tles for the proper Inspection and maintenance of ell safety measures:
s.2.12 fnsuranoe. OonsuJtant agrees to procure and malntaln, at Consultant's expense all rnsurance speoffled fn Exhibit 110" attached hereto and bytllis reference 1ncorporate<:I herein, Consultant shall require arl suboonsultanta to carry the same polioles alid lil:nlfs of • Insurance that the Coneultant Is raql.llred to malntE!ln, unless otherwise approved In writing by the City.

3.3 Feetll and Payments. .
3,3.1 Qowgen1a1;jon. Consult.ant shall recelVe compensation,. lrnlt.Kfing authorized reimbu!llements, fop an Servloea rendered under this Agr.eernent at the rates set forth in Exhibit 1'.Q" attached hereto and Incorporated herein by refereno~, Tha total compensation shall not exceed ONE HUNDRED EIGHT THOUSANIJ, NINE HUNORl:m ANO FOUR DOLLA.Rs (.$108,804) wlthoutwritten approval•of the OJty·OoJJncll or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, wlH be compensated at the rates and .manner set forth in this Agreement. • •
s.s.2 Payment of ·QomP@naatIon. Consultant shE:\11 6\.lbmtt to· City. a monthly Jnvolct which lndloates work oompleted·and hours of Setvkles rendered by Consultant The.

Invoice shall describe-the amount of Services P.rovk:led since the lnltlal commenoement date, or alnoe the start of tli~ subrliequent bllllng periods, as appropriate, through the date of the Invoice, City shaH, wltht"n ao days of receMng such lnvolce1 review the Invoice aod pay all non-disputed and approved charges thereon. If the City disputes any of Con$uftant1s fees, the Olty sha.U give written notice to consultant within thidy (30) days of receipt of an Invoice of any disputed fee, set forth therein.
3,3.3 B@imbyrsemeot fQr,E;xpeng: Consult.ant shall not be reimbursed for any expenses unless autlKirlzed In wrltlngpy City, or Included In Bxhlblt no11 of this.Agreement. • . 3.3.4 J;xtm Work. At any time during the term of this Agreement. City may request that Consultant parfcmn extra Work. Mused herein, "Exira Worle muns any work which 'Is determined by City to be necessary for the proper completion of the 'Project1 but whloh the Parties dld riot rea$onably anticipate would be necessary at the execution of this Agreement. consultant shall not perform, nor be compensated for, ex!ra Work without written a,uthorlzatlon ~b~ • 8,8.6 ,Ram lnoraf!ses. In the event that this Agreement Is renewed pursuant to Section 3.1.2, the rate set forth rn Exhibit 110" may be adjusted eaoh year at the time of renewal as set forth In 1::xhlblt -0/'
8,8.6 [$or Qode ~eqUIQil~.
4 SBI<: ~g1.u11:201a
65462..&! i00\S1193624JJ
11-11 .. 20 / 81--50
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3,3,6.1 preyaillng Wages. Consultant la aware of the requirements of . caJrfomla Labor Oode Section 1720, it !iOO,, and 1170, ,m f!@9.., ai;, well as California Cade of Regulations, Tlfje 6, S&otion 18000, et seq., C'Pravalllng Wage Laws"), which require the payment of prevanlnQ wage rates and the performance of othet requirements (Ill "publlo works" and •matntenanoe11 projects. If the Services are: being. perforrned as pai;t·of an applicable "public works0 or ''maintenance" proJeot, as defined by the Prevallfng Wage Laws1 and If the total compensation rs $1,000 or more, Consultant agrees to fully oompJy with such Prevailing Wage Laws. Consultant shall make copies of the prevamns rates Of per elf am wages f-Or eaott craft, 'Classification or type of wotker needed to execute the Servloea availabte to Interested p!!rtles upon request, and shall post copies at the Con$ultant's principal place of business and at the project stte. Consultant aha.II defend, 1/'ldemnify and hold the CHy, Its officials, officers, employees, agents1 l!tltd volurrtesrs free and harmless from sny Cilalm or llabllity arising out of any failure or alleged fallure to comply with the Prevalllng Wage Laws, S,S,6,2 Registration. If the Services are being perfurmad as part of an spplleabfe 11pubUo works" or 0marntenanoe• proJaot, In addition to the foregoing, then purauant to Labor- Code tectlons 1725.5 and 1171.1, the Consultant and all suboonsultants must be registered with the Department of Industrial Relations ("DIR"}, Co11suttant shaB matntaln regratratlon for the duration of the project and require the ·same- of any eubc:<msultanlll. This pro)llot may also be subject to compliance. monitoring and enforcement by the DfR. It shall be Consultant's ,ole responsibility to compfy with all appllosbla regis.traHon and labor compflanoe .requlreme11ts, lno1uding the submission of payroll records directly to the DIR. Notwfthstanding the foregoing, the contrac:l:or regl$tr-atlori req1,1ir&ments mandated by Labor Code seoflons 1'725.6 and 1771.1 shall not apply to Servloos performed on a public works projeotthat ~ exempt purauant to the small proJeot exemption speoffied In Labor Code sections 1725.6 and 1771.1,

3.4 A.ocountfng Records.

3.4. 1 j\Aalntenanoe and lospeotlon. Consultant shall malntatn complete and acol.lrate records with respect to all costs and expenses Incurred under this Agreement. All sueh records shall be clearly ldentlfiable. Consultant shall alfow a representative of City during normal buaJnees houra to examine, audit, and make transcripts or copies of suoh records and any other documents created purauantto thls Agreement Coneultant shall allow inspeotlon of al work. datat documants1 prooeedlngs1 and actlv1tfas relatl;!)d to .lite Agreement for a period of four (4) years from fue date offinal p!1yment UJ'lderthf.s Agreement.
a.5 General Provlsfomt.

8.5.1 Termination of Agreement.
3,6, 1.1 Groungs t'Pr Tar,nlt1atlon: City may, by written notice to Consultant; termlneita the whole or any part of ttlls Agreement at any time, with or without cause, by ghllng written notioe to Consultant of such termination, and speolfylfiQ the effective dal:e thereof, at least seven (7) days before the effective date of suoh termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rend!lllld to City, and constl(tant shall be entitled to no further compensation. Consulbimt may not terminate this Agreement"except for cause.

3.5.1.2 Effect of TermfnatJon, If thfs Agreement Is terminated as provided herein, City may require Cohsultant to provide all flnlihed or unffnfshed Documents and Data and other Information of any kind prepared by consult-ant In connection with the-performance 61f453.01100Utl 1S862A.S
5 BBi<; AIIQUllt.2018
11-17-20 / 61-51
2-2-21 / 6H-66
4-5-22 I 61-74
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of Services under thJs Agreement. Consultant ahaU be required to proVlda such document and other fnformatlon within fifteen (15) days of the re.quest. . , . . . s.5, 1.3 Additional e@rvloel!I. ln fhe .event this Agreement is terminated Jn whore or Jn part as provided herein, City may prowre, upon such terms and In such manner as tt may determine appropriate, services similar to those terminated . . 3.5.2 P§liv~o, of NQ§ces. All notices permitted or required under this.Agreement shall be glvan to the respective parties at the. fQllowlng address, or at suoh other address as 1he respa~llve parties may provide In writing for this purpose:

Consultant
City:

Peter and AS$OC1ate11, lrio.
1519 caue Valle
San-Cfamant&, CA 92672
ATTN: Stephen B. Pater1 President
City of San Clemente
380 Avenlda Ploo. BUIiding N
San Clemente, CA 92672 - ATTN: David Rebensdorf~ Utllltlt1$ Director Suah notice sh~I be deemed made when personally denvered or When malled, forty-eight (48) hours after deposit In the U.S. Mafl, first dasa postage prepaid and addressed to the party at Its appJloable addresi, Aab.1~f notice shall be deemed adequate nob on the date aotual notice oooorrad, regardless of the method bf serv!ce. _ . .

3.5.a Ownership- of Materials and Confidentiality.
• 3.5.3.1 Doouments .& P~ Uoenslrn, of rotslteotyal Pr.opecty,. This Agreement oreatss a notH»Coluslve and perpetual license for Qlty to copy, use, m-0dtry, reuse, or. • sublioense any and au copyrights, designs, and other Intellectual property embodied in plans, . speoi11catlpns, studies, drawings, estimates, and other documents or work$ of authorship fixed In any tanglbla medium of expresaton, lnoludlng but not J!mltad to, physloal drawings ar data magnetically or otherwise recorded on oomputer diskettes, whlah are prepared or oaueed to be prepared by consultant under tills Agreement (11Dooumenta & Data"), Consultant shall require all subconsuJtiants to agree In writing that Crty Is granted a non--exc:luslve and perpetual license for any Documents & Data the suboonsuttant prepares under this Agreement Consultant represente • and warrants that Consultant has Iha legal rl9ht 1a license· any and all Oncurnent& & Data.

Consultant makes no such representation and warranty In regard to Documents & Data which were prepared bY' design professionals other than Consultant or provided tQ ComJu1tant by tbe City. City shaU not ba llmlted in. anyway In Its use of the Docomants a Pata at any time, provided tnat any such usa not within the purposes intended by this Agreement shall be at City's sole rlak.

8.6.8.2 Q:!Df!den!@frtv. All Ideas, memoranda, spec:lfloatlons, plansf prociaduresi draWing$, desoriptions, computer program data, Input reoord da'ta, • written Information, and- other Document& & Data either created by or provided to Consultant In oonneotion With th$ performance l'if thbl Agreement shall be hafd confidential byConswtant Suoh maierials shaU not, without the prior written consent of City, be u!SEld by Coneultant for any purposes other than the p111rformance of the Services_. Nor shall such materials~ dlsok>sed to any person or entity not oonneated with the performan9e of the Servlues or the Project. Nothing fumiahed to Consultant which iS otherwise. known to Consultant or. I& generally known, or has 6 BBi<: All!lustao1s
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beoome known, to the related Industry shall be deemed oonfldentla!. Consultant shall not use City's name or inslgnla, photographs of the ProJeot, or any publlolty pertain1ng .to the Servioes or the Project in any magazine, trade pEiper, newspaper, telaviaion <Jr radfo proctuotlon or other simllar medium wlthui1ttha prior written c0l18ent of City.

3.5,3.3 QotdrdentlaJ Information. The City $hall refrain from reJeqslng Oonauft.:inl;'$ proprleta.ty information (''Proprietary !~formation") unless the Cityts legal cou:nsel determines that the ref ease. of the Proprietary Information Is reqult·ed by the California Public Records i\c! ol' other l:fppllcable slate or federal law, or order of a court of oompetentj1,.1rtadletron, In which ciase tI1e Clty aha!! nofify Consultant of its ln~ntlon fo release Praprletary Information, ConsuJtatit shall have five (5) working days after receipt of the Release Notloe to giye City wril.ten notice of Corasultant1s obJectlon to the Olty'e, release of Proprietary {nformatlon, Consultant shalt Indemnify, defend and hofd harmless the Clty1 and !ts offlcersi directors, employees, and agents from and against all liwlllty, loss, cost -0r expense (includlng attorney's fees) arising out of a legal aotkm brought to 0C1mpel the release of Proprietary lnformaflon. City shEIU not release tha Proprietary Information after receipt of the Objection Notice unless either. (1) Consultant falls to fully indemnify, defend (with City's cho1ce of legal counsel), and hold CIW l\$rtnless from any legal action brought to compel suoh release; and/or (2) a final and noMtppealabla order by a court of competent Jurisdiction requires that City release such Information. 3,5A. Cooperation; Further·Act-1!, The Parties shall fully oooperata wnh one another, and shaU take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes ofthls Agreement. . · 3,5,5 Attoro~ Peas. If either party commences an a<;tlon against the other party, eltfler legal, administrat1ve or otllerwlsa, arising out of or in oonnacl;ion with this Agreement, tha prevailing party In suah litlgaflon shall be sntltle1d to have atid recover from the rosing p~rty reasonable attorneyis fees and all other costs of such action. • 3.5.6 lndemnifloatlon.

S.5.6.1 To the fullest extent permitted by law, Consultant shall defend (w1th counsel of Cfty'a choosing), indemnify and hold the City, Its directors, offlolals, officers, employees, volunteers and ·agents free and harmless from any and an claims, demand$f cause~ of action, costs, expema:es, Habllityt loss, damage or Injury of any kind, In law or equity, to property or persons, Including wrongful death,. In any manner arising out ot pertaining to, or lno1dent to any alleged acts, errors or omisslo11s, or wmful m!sconduot of Consultant, its officials, officers, employees, suboontractors, oonsuliants or agents In connection ·With · the performancie of the Conaultant'a Services, the Project orthls Agreemimt1 fncludlng wtthout Umltaflon the payment of all damages, expert witness fees and attorl'iey's fees and other related oosts and expanses. Consultant's obllgation to Indemnify shall not be restricted to insurance proceed81 if any, received by Consultant, tha City, !ts officials, officer&, employeesi agents, or volunteer$. 3,5.6.2 If Consultant's obligation to dafand, lndemnify1 and/or hold harmress arises out of Consultant's performance as a 11deslgn prO'fesslonal" (as that term is • defined under OIVil Code section 2782.8), then, snd only to the extent required by Civil Code section 2782,81 whloh Is fully lr.morporated herein1 Consultant's lndemnifiootlon obligation shaD ba limited to olalme that arise out of, pertain to, or re!ate·to the negl!genoe, recklessness, or w!llftll mlsoonduct of the Consultant; and1 upon Consultant. obtaining I!! flnar a(!Judic~tlon by a court of competentjuri$dlotloi,, Consultant•s· fiablilty forsuoh o1aim, fnclucUng the cost to defend. shall not exoeed ihe consultant's proportionate percentage of fault. 7 BEIK: AU!JUSt io1s.
55452,01100\31193624.5
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3.5.1 Entlr@ Agreemeot. This Agreement contains.the entire Agreement .of the partres Wltb respeot tq tha subJeol matter hereof, ·and 4Uper$edes all prior negotiations, understandings or agreements. This Agreement may only be mOdlfled by a writing signed by both parties. •
• 3.6.8 Govs:irnlng .La% This Agreement shalt be governed by the laws of the State of Oallfomla. Venue shall"ba In Orange County. •
S.5.S I(me of l;s§ence. Time Is of the essence for each and every provision of ihfs Agreement.
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:,.5.10 Qly's Right tn Employ Qjb1:1r QonsultanJ:!. City reserves tight to employ other constllt(ilnts In connection with this Projeot.
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3,6, 11 .§'wooessors and Assfgns. Thia Agreement shall be bJnding on the sucoessors end assigns of the parties,
3,5. 12 Assignment or Tmnsfar. Consultant shall not assign, hypothecate, er transfer,· either dlremly 9r by ope.ration of law, this Agreement or any ititarest herein Without the prior written .consent of the.Cit¥, Any attempt to do so Shall be null and void, and any assignees, hypotnecates or -ti'ansfaree.s shall acquire no right or lntarest by reason of euoh attempted asalgnmenta hypotheoatton ortransfer. • ,
3,5.13 Qonaj[yction; Befereni:iea: Captions,. Since the Parties or their agents have partlc1pated fuPY In the preparation Of this Agreement, the language of this Agreement ahaU be construed slmPIYa aooordin{1 to Its fatr meaning, anctnot et1iot1y for or against any Party. Any tenn referencing time, clays or period for performanoo shall be deemed calendar days end not work days. All references ta Consultan1 Include all personnel, employees, agents, and·elJbcansuftants of Consultant, except a$ otharwl$e specified fn this Agreement Alf references to City inolude Its eleQted offlo1al$, officers, employees, agent$, and volunteers except as otherwise speclried in this Agreement. • The captlo!ls of the various articles and paragraph& are tor convenience- and ean of reference only, and do not define, llmlt, augment, or describe tha soope, content or Intent of this Agr$ement.

3.1.'i.14 t,mendment MQ£.flfi~. No suppleme11t, modlfloatton, oramendmentof . thls Agreement shaft be binding unless e}(ecuted In writing and sfgned by both Parties.

3.5.15 )Naivet- No waiver of any default shall constitute , wa!Ver of any other default or breach, whether of the same or other covenant qr condition. No waiver, benefit, privilege, or service voluntarily given or performed by a PaJtr shaH give the other Part, any contractual rights by custom, estopper. or otherwisE;. • • •

3.5.1 a No IbJrg-earty ~enef!Olsd@§. There are no Intended thlrd party benefiolades of any right or obllgatk,n assumed by the Partle&. •

3.5.17 !DY.Slklify; Severablljt\(. If any portion of this Agreement Is declared fnvaflcl, illegal, or othe!Wlse unenforoeable by a oourt of competentJurl$d!otjon, the remaining provtslons .ehaD continue in f,ull force and effect. • • . .
3,5.18 prohibited lnterg, Consultant maintains and warrants that it has 'not employed nor retained .any company or persona other than a bona fide employee working solely IU141lM1100\311MS24.ll
8 BBK: M!!Ulit2018
11 .. 11 M20 / 61.~64
2-2-21 / 6H-69
4-5-22 I 61-77
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for Consultant, to solicit or secure thls Agreement. Further, con$uita:nt warrants that It has llot paTd nor has It asreed to pay any company or person, other than a bona fide employee working solely for Consultant,· any fee, commlsslon, percentage, brokerage fee, glft or other consideratlrm contingent upcm or resulting from the award or making of this Agreement. For breach or violation of thts warranty, City shall have the right to rescind this Agreement without nablllty. Por the term o·f thfs Agreement, no member, officer or employee of City, during the term of his or her se1·Vice witl'I City, .shall have any direct Interest In this Agreement or obtain any present or anticlpated mater!.il benefit arising thetefrom.

3.5, 19 Eguaf Qpgortunity Etnploymen!, Consultant repreaents that It is an equal opportunity employer and It $hall not dlaorimfnate agal11st any auboohsultant, employee or applicant for employment because of race, rellglon, oolor, naUonal origin, handicap, ancestry, sex or age. Suoh non-dlsorimlnatlon shall include, but not be nrnlted to, all activities related to initial employment, upgrading, demotion, transfer, reorultment-0r recruitment advertblng, layoff or termination, Oon:sultant shall also comply wlth all retevaiit provlslon$·of City's Minority Business 8nterprlse progri::tm,· Affirmative Aotlon Plan or other related programs or guldelll'les currently in effect or hereinafter enacted. .

3.5.20 !,&~Qt Cerl:ifloatlonr l3y its signature hereunder, Consultant certifies that it Is awa1·e of the provfsfons of Section 8700 of the California Labor Code which require every employer to be Insured agaJMt liability for Worker's Compensatlott or to undertake selfw!nsuranoe In aooordanc:e with the provisions of that Code, and agrees to comply with flUch provisions before oommenolng the performance of the Servl08$,
. 3.5,21 A~thgrity tet Enter A9real)1ent., Oonaultant has alf requisite power snd authority to conduct tts bt.winess and to execute, deliver, at1d perform the Agreement. Eaoh Party warrants that the ltidMduais who have $lgned thle A{Jreement have the legal power, right, and authority to make this Agreement and bind each raspectiVe Party.

3.5,22 Counternarts,. This .Agreement may be signed lo cotmt~rp.arts1 each of which shall constitute an origlnaf.

3.G Subcontracting.

3.6.1 prlgr Approval Ragulred, Consulta1:1t shall not suboontra.ct any portion of the work required by thi111 Agreement1 except as expressly stated herein, without prior writt.en approvi:11 of City, Subcontracts, ff Etny, shall contain a provision making them subject to e.11 provlelomrstip1.1Iated in this Agreement.
9 BBK: ALIQUst-20Ul
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11-17M20/6I,-55
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CITY OP SAN CLEMENTE
By: Mayor or City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:
. By;
Beat Best & Krieger LLP
City Attorney
10 PETER.·ANO ASSOOIATSS
By:
stepheJJ B. Peter, President
Pf Corpormlon, TWO
SIGNATURES, President OR Vioe
President AND Secretary O.R
Treasurer REQUIREDJ
£INSERT NAME AND TITLE!
11"17-20/ 61-56
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4-5-22 I 61-79
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EXHIBIT "A'i
SCOPE Or $SRVICES
Please see aftaehetf propoaal from Peter and A$$Oclates, Inc. Dated October 26, 2020, l:ISK: August 2018
6~Z.01100i811!!3624.5.
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E!XHl~lT 0811
$CHSPULE OF SERVICES
Please sea attached proposal from Peter and Assoolates, Inc. Dated Ootober·26, 2020. 86462,01100\81193624,5
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E!EIKl Atlgwt2018
11-17-20 / 61-58
• 2-2-21 I 6H-73
4-5-22 I 61-81
1:XHIBIT "C"
INSURANCE Rl:!QUJRMlENTS
s.2.11 1nsuranQA. •

8.2. 11.1.- ]me for Compliance. consultant shall not oommenoe work under this Agraemenf until rt haa provided evidence eatisfactory to the Olty that ft has secured all Insurance required under this sed:ton. In addition. Consultant shall not allow any aUboonsuttant to commanoe work on any suboon1racl until it haa provided evldenoe satisfactory to the Clty1ha1:
the sUbll(ll'ISUltant has secured all Insurance required undar this s1:1ct1on. s.2.11.2 Jypes of losurs.rma 8egu!md, A1J a oondltton precedent to the effeofiveness of this Agreement for work to biv perfonned hereUtJder, and Without Hmitlng the Indemnity provisions of the AtJreement the consultant,· In partial performance of its obligations under suoh Agreement, $hall procure and malntafn In full force and effect ~urlng ihe term r,f the Agreement the following poffcles of insuranoe. It the existing polloles do not meet the Insurance requirements set forth herein, Consultant agtees to arr,and, supplement or endorse the policies todoso.
• • (A) .. Oommemlal General Lfl!lbl!ltv; commerolal General Llabllffv Insurance which affords coverage at least as broad as Insurance saivloas Office "occurrence" fom, CG 0001,,orthe exact equivalent with limits of not'less than $1,000,000 per oocurrenoa and no le&$ than $2,000,000 tn the general riiggregate. Defense c.:osts shall be paid ln addition to tl1e limlts. The policy s~n oontaln no endorsements or pro~srons (1) limiting coverage for contrictual llabffltyi (2) excluding coverage for olafms or .suits by one lrniured agalns~ another (omss-\Jabt!itY}; ot (3) containing any other exc}usJon{s) contrary to the terms or purposes of this Agreement. ,• (B) Automobile Llabifity fni:iurenoe: Automoblle Uablllf3, ln1;1Urance 'lrnth coverage at least as broad aa Insurance Services Office Fonn CA 0001 covering "Any Auto" (Symbol 1), or ihe exaot equ1vaient, covering bodiJy Injury and property damage for all activities with Umtts of not less than $1,000,000 combined limit for each oocurrence. f'W*NOTE:

If Consultant troes not own any company vehicles or rna.y not be able to purchase a ,buslnees Automoblle fnsumnce Polley, the. requirement may be satisfied by providing either of the foDowlng= (1) a Personal Automobile Liability policy for the Consultant's own vehlole stipulating 11Automobife LlabUity lrnmranc:e wi'th a llmtt of nQ't less than $1,000,000 each aocldent"i and {2) a non-owne.d auto endorsement to the Commercial General Uablll(v poUcy If Consultant uses vehicles of others (e,.g,, vehicles of employees). • (C) Workers' Oompensatlon: Workers' Comp&nsatlon . Insurance, as required by the State of CaJ!fomla and Employer's Uablllty Insurance with a limit of not less than $1,000,000 per accident for bodily Injury and disease. (D) Professional UabUity (Errors & Omissions): ~rofesslonaI LlabUlty lnsur~nce or Errors & Omisskms lrt$Urance appropriate to Consultsnfe profession with Hmits of not fess than $1,000,000 per cfaJm. Covered profe$slonal services sh1:1H epeclflcally lnciude an work to• be performed under the Agreement and delete any a-Koluslons that may potentially affE!ot the work to be perfonnad (for example, any exclusklna relating to lefld, asbestos, p0Hutlon1 testing, underground storage tanks, laboratory analysis, sou wort<, eta.). If coverage lis wn"ttan on a clarme-mada basis. the retroactive date shall precede the effecllva date of the lnltlal 6MS2,0'l 10o\S1 tus.24.l'l •
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Agreement and continuous coverage will be maintained or an e~ended reporting period will be exercised for a period of at least ih ree (3) years from termination or expiration of this Agreel)ient.

S.2.11.3 ,ll'!Suranoo Endoreem!'l.ntg. f{equlred Insurance policies shall contain the foilowlng provfsfons, or Ooneultt:int .shall provlde endor$ements on forms approved by the City to add the folfowlng provisions to the Insurance pollolea: • (A) CommercraI General Liability: .
• (1) Addttionar lnaurad: The City, Its officials, officere:, , employees, agents, and volunteers shall.be addltional Insureds with r~ard fo liability and defense • of suits or claims arising out of the performance of the Agreement. . Addltlonal Insured Endorsements shall not (1) be
restricted to 1'ongoing operations11: (2) exclude "oontraotua! llability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any ofherexoluslons 0011trary to the terms or purposes of thia Agreement, For all poliolea of Commemlal General Llablfity i11isurance, Consultant shall provide endorsements in the form of ISO C<:3 20 10 10 01 (or endorsements providing the exact same opverage) to effeGtuate this feqlilrement.
(2) Canoelfat!on: Required insurance policies shall not ba canceled or the -ooverage reduced until a thtrty (30) day written notice of cancellation has been served upon the Olty exoopt ten ( iO) days shall be allowed for non-payment of premium .. . (B) Automoblle Liability:
. (1) canoelfatlon: Required insuranae pollcles ehall not be canceled or the coverage reduced untff a thirty (30) day written notice of oancella.tion has been served upon the Crly except ten (10) dayi; shall be allowed for nori,.payrnent of premium. a.2.11.4 Profes{llional Liability {Errors & Omisisions):
(A) Cancellation: Required Insurance polloles shall not be canceled or the coverage reduced until a thirty (30) daY written notice of c::ancel!atron has been served up.on the Clty excepHen {10} days shall pe all~wed for non-,payment of premium. . • {B) Contractual Uabi1ity Exclusion Deleted: This Insurance shall include contractual fiablllty applicable to this Agreement. The policy must "pay on behalf of' the Insured and include a prov!Slon establ!shlng the tnsurer's duty to defend.

3.2.11.5 Workers' Compensation:
(A) Canoellatlon: Required Insurance policies shall not be canoeled or the coverage reduced untll a thirty ,{30) <lay wruten notice of c;iancell~tion ha:$ been aeNed upon the City except ten (10) days shall be allo.wer.l for non .. payment of premium.

3.2. 11.6 ,t;!rlmary aad Ngn~Contributing lnsuranqe. All poltcles of Commerc1al General Uabllity and Automobile Liability insurance shall be prtmary and any other Insurance, deductible, or selfwinsuranee maintained by the City, Its offlojats, offloers, empJoyees.i agents, or volunteers shall not contribute With this l'.lflmary Insurance. Polioies shall contain or be • endorsed to contain such provlsJomi.
e114s2.011 oa\a11 e30a,i.o
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2-2-21 / 6H-75
4-5-22 I 61-83
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3.2.11.7 Waiver of SubromJ.!lon. All pp!icfes of Comrnerolal General Uabllity and Automobile Llal.'llflty Insurance shall specifically.allow Consultant or others providing fnsurance evidence In oompUance with these speclfioatlont to waiye their riQh1 of recovery prior to a loas. Consultant hereby waives its ow11 right of. recovery against the City, Its offioials, officers, • employee1;,1 agents, ancl volunteers, and shall require ·slmllar Written express waivers and insurance clauses from each 'of its subconsultants. • • a.2.11.a Deduoflblas and SelMnsured Retentions. Any deduoiible orsel'IL insured retention greater than $5,000 must be approved in wriiirlg by the City and shall protect the City, its officials, officers, employeesr agents, end volunteers in the same ma11ner an!l to the same extent as they would have been protected had the polioy or poUoles not contained a deductrble or selHnsured retention.
3,2.11.9 Evidence of Insurance. The Consultant, oonourrently with the exec1Jtion of the Agreement, and as a condrtron preoedent to the effeotlvenl;l$S thereot shall deliver either certified copies of the required pol!oies, or original oertlfloafes on fohrls approved by the City. together with all endorsements affecting each poHoy. Required insurance pqlicles shall not be iri compliance if they lnolude any limiting provlslon or endorsement that has not been 4,ubmitted to th<'I C[iy for approval. The oorfifioates and endorsements for each insurance policy shall be signed by a person authorized by that ln$Urer to bind coverage on Its behalf, At least fifteen (15 days) prior to the expiration of any auoh policy, evidence of Insurance showing that such insurance coverage has bean renewed or exte11ded shall be filed with the City. If such coverage Is oancelled or reduced and not repJacad lmmedlatt11IY .so as to avoid a la~se In the raqutred ooverag,e, Consultant shall, within ten (10) days after Moelpt of wr!ftem notice of auoh cancellation or reductlon of coverage, ffle with the City evidence of Jnsurarme shoWing that the req1.1imct insurance has ~en reinstated or has been prcwided through another insurance company or companies, •

3.2.11.10 falJura tti,.Malntain,Coverage, In the- event any policy. of Insurance required undat thie Agreement does not comply with these speolffoaJions or Is oance1ad and not replaced lmmadlately so aa to avoid a lapse In the required coveta(;fe, atty has the right but notthe duty to obtE1ln the insurance lt deems neooss~ry and any premium prud by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Cqnsultant payments. Jn the ~Tternative, City may cancel thla Agreement effecf:ive upon notioe. s.2.11.11 Acce.m§bill~ o[ losurers. l::aoh such poUcy shall ba from a company -or oompanles with a current A.M. Eeijt's rating of no lesa than A:VU and authorized to transact business of fnsuranc:e in the State of California, or otharwrse allowed to pJae:e Insurance through surplus line brokers. under appHcable provisions of the Oalifornla Insurance Code or any federaf law,

3.2.11.12 §oforooment of Agreement Provislot!!, .. (non estopr;,en, Consultant acknowledges and agrees that amual or a!feged failure on the part of the City to inform Consultant of n(m~compllance wlth any requirement imposes no addif:lo·nal obffgatlon tln the City nor does it waive any rights hereunder, •

3.2.11.1 S B,equTrements Not Limiting, Requirement ofspeclflc coverage or minimum limits contained In this Appendix are not intended as a limitation on coverage, limits, or other raquirernant, or a waiver of any coverage norm?llfY provided by ~ny Insurance. 6li452.D1100\S11il36:24.6
11 .. 174.0161-61
2-2-21 / 6H-76
4-5-22 I 61-84
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. . 3.2.11.14 Insurance for Syboonsultants. consultaot shaD fncJude all suboorisultants engaged In any work for Oonsukant re1ating to thle Agreement ae additional Insureds under fhe Consultant's pqlloles, or the Consultant shall ba respbnslb!~ for causing suboonsultants to purohase the appropriate insurance In compliance with the terms of these lnsuranoe·Requirements, including adding the Cit¥, its offlclals, officers, employees, agents, and volunteers as additions! tnsureds to the subconsultant's polloles. All pollOles of Commercial General Uabiflty Insurance prov"Jded by Consultant's suboomrultants performing work relating to thts Agreement shall be endorsed to name the City, Its offioials, officers, employees, agents and volunteers as additional Insureds using endotsement form ISO CG 20 38 04 13 or an endorsement providing equivalent ooveraga, Consultant shall net allow any subconsultant to commence work on any subcontract relating to this Agreement until It has reOGivad 11tatlsfactory evidence Ofauboonsultant's oompllance with all insurance requlrementr, under this Agreement, to tfle extant applicable. The Consultant ehall provide satisfactory evidence of cotnpllance with this. eeotlon upon request of the City.
(i!l41$2.()i 100\$1190024.5
11 .. 17-20/61-62 .
2-2-21 / 8H-77
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4-5-22 I 61-85
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SXHISJT ,1D"

COMPENSATION
Please see attached proposal from Peter and Af.lsooia.tes1 lno, bated October 26, 2020, 68452,0i 100\3119362<4.fl
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11-17 .. 2Q/6H$8
2-2-21 / 6H-78
4-5-22 I 61-86
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swuam Cast Mmate for Pfoj)OSffll MdffiOlllll Qeoblchnlclll fmlllSiqatiOIUl!Ut Upcla.leil B!Uff 8tabilltatilln Platl il'l ~BPOllai fl) fflliV of San CIBll161$'sleflotth/Jew CJlscldln for Propooed SlclpQ StabUldon and C0'11str111lt!IIIJ of Prllf)ose!,f Raw Duplex auildlng to heptace ~ H0\131J ~b Will Be 0$noftsboo1 • 2$ Wast Marqulfa, smi tlementtt, M 92ftl2 - -• . _.ent.'dll 1, Peter ~Ill~ loo., "&JU Re)lOft fot J:1'opmlld f{srnedlal Qradtfig for Slop& Stablll!al:klll Md Con$f.lllctlon ff Pmp~d Naw Cunmlnfum flutl<!Hla ui Replace &bl:lag _ ffol.ltul tn be Demcllllfle4.259 w. M~ SM C1eltlllllla, 0\ 92672 [l..oUS, lllock 11. Tr!Ct 198, i'l,M, 24nli.l", IN. t00180t!2, daleit JU{V »2., 2016 . . 2, City of San Olementts Report Raviaw Checkl!3t Plan Cflool< Ml. l!Na1S,D47~ ~a!ef:l ,Septea a1,.:w1e .
$, Peter BortlVa SUMtmlr,V of Rei:ommen&itfo~ Ck!OOd f'llrlfal'.Y 18, 1019 Dear Mr,:Rai;lllb I Mr, lteb!lll$tbb.
lnll!lf!Ord&lOO withyopr fllllllemi tJli& lX!Stesdmate llils ~ PJ¥1D'!ld regantmn tbe reftlmlCOO proJaet. Based on 100 above mfenmt,'8d CflN 1lf San Clemelit& ~ Ravtew Ghookllst damd Seli(llmber·27, aorn amt aummruy ti t'flllllrnltlet1dlltion& In Raf6rerJoo a~ abo~ m geoora4 a rJma!Jed' wbslllfai;e: geobwilnloaf In~ r, n,qqfmd tv determine the geometry/ lateral Bmtis alllf tf.l!!)ihs Qf fhe&X!stir!g randalld8forstabMon of the lll!M!ng kinds.Oda to protect tl!ll ~'S llltlstlng pump station stmcb.11'!:! llml fn order to ha able to conslrulft 11 new dupla buildlna Oil 11-17-20 / 61-64
2~2-21 / 6H-79
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4-5-22 I 61-87
fua t ol: la~at:ad en top df the slop& which lmlSt' ba satrsf~IJb:lry to tha Cit/ cl San Clemante and the ~{lastal Comn1ms1~n•~ r~q11lrtlll'l~llts,
The Oll(s roollmntllndatloni are as falf~ws:. •

1. lt1J!;all mlnimJJm of twti /Jicllnom8tera al!JIJ{J fire ripproxtmats centerline et ttw a/Jtive k!ldslfde. lnafinomett1rs thall be /n$tlJ/lol1 Iv II mltJlmulfl f11evatian of 1lJ.feet MSL or to tile e/lfl,i!t/1111 .r;f Im bottom (flu,m:latton !)f t/m pump $l/Jllon, w.b!cbever fs deeper. indifJ()Jnefer $h!Jll be rel!el mln!m11m fl !J times pqr weiik ft'Jr th& fkri 2 weeks, tflqn lw!c~ per week f{}r fha .next4 weeks or anti! lnn®llde r-uptum surfMe Jstf11erly lllllin6t/.

PAA: This uisk h~ bean Domplemrl,
' ·i. (il)f/({~ttamplinj) proqnJm dll(iJJg drl!l/n{J that 1$ to Ctl/1$1$t of bllll'! COlffJt data (SPT) Mrl CSP 11ampllng and blow cnunls arternative fVBf.Y Mf!et. Jl tompfetl:l ttuit.e of so11 testing Is •fti bo tkai includ~ tnear ief,tillU, r;x.v111taif>"1 tlq (/Pf1$i(y »tll{I/JW~ iMltu lf eMffl', Atff1rbt1riJ Hmlts ~wing. This J,·to be do{!{) wttflln thfJ ex!Wn~ fftm:1$/ifla mass and bt1loiv 11w IJR$1JI tUJ}W[t 1tttfaf!u. Ntrt11rotl$ 'ff r.l;/Y J~wm sro Jdqntfff.ed I» the SPTreeovered:uamplfMtaddliio1111J samfl]iJJJ7 hJ' $h1J11rt$1Jno tlleald bul1~1pled.. by d#le/JrJfln(Jf $ff m,lflfl/(JS ls'lmprirmnt H!mpffie.J'emdln!119 catm/Jl.ed mmpres ltl C9Sf! t 1 1w1
/,it reqyfred.

P&A: Thls -task has been oomplllte~. trowwer, addltioual labwatnry ~ttng llrllY oc!lllt poodln,g our l'i!oim itabll!ty anarysl 8, •
. s. Mllif nwm Df on, arJdlt/tmal doep buckt auger bmihg (or altfltlldtfw twihni(IW) to dtfkmtriflf) qeqloglc /JIU/ding . pnUDr presp11r.e. I Bbsen~ df any ml/er wedk laybm(IPtlJI .lwtf'8:i Q1rJ111id ~w leval$:i fmcftlr~ /Qimr etc.,).

Boring -uhall /Je extended from ~fn(J padgl'8de ttJ an e/lM!llon of 10-"ft. MS( ordeefJ(lf'. fJ(J]leefl: $M1Jlle$ fQr ~~~~t/qq. • •
P&k A large deep buGT«ll auger barl!TQ wi11 be diiticult as oovJng will OQCUr in ihe saru! liiJar(s) IJlat llXi.M; .t1lo~g wltl} Wilmr intm~oo at tile bm:lrm;k contact P-eW' l:lnd Asso~latoo jlrilposes to ti~ a hollow srem drilling rig end wm drill-OJte exploratory floJe at paa ~a11ation .()f n5 (t)'foot. tha explorntotY hole Will be f0lfa'!ll1f lJffli8t .on 'th& NW· SUie yard or 1n tho dtlveway. Sampras wm oo taknn al: r and e11iw 10' fll• dpAflllhllteaf:ter,
The ftllloWing ll11lorflt0rytestill§ er conactea ~m11r lll w111 ba Jlffli~rmsfl:

Expunslon Tes~
ln~Plaoo DJY t/fl(lgl\V & .Mois~1rt Tests:

M~:dmum P.cy Pe!!SfW Test
At!flmerg Umlts M
Shear T0$ts!
ResldUlll Teats:

Hast
12 T81\W.t At all aollootr.lf .snmp!a de~ttm
! re~ flfl I ColluviuJn. MalerJat. Badrock Material
2 'f e~s; Fill / C1J!fU1JfU1n Mat11rlnl., B!li:lrMk M1.1blrial 41em$;FIU I C~HuvlumMaurhll, 'B~rcek Mmlltlal
2 T• tledrook Milterlal
Naf.u. Tha f.Ypa and ll!Jlllb~r of l~oraturyie$~ may change, . ..

P11ter in~ Aesualatlls, Im. • 1619 Calle 1/!llle • &tu Gfamahla, CA 92872 • ~9) 49t47$5 • f'l!X (M9J 492-1391 WWW,Plllelll~OC.CQll'l
11-17-20 / 61~65
2-2-21 / 6H-80
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4-5-22 I 61-88
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4, M!nll1/flm of nlne (f}J g(1(J}oqia cmss-s~tion8:
• Jilllnfnmm oft (/l]rJlapla flfoss..qectlons rJ@ftlltJfl tlio temJ)(Jrlil;Y ride $IO/J0fi essr.,cfsed with (}{ltft adfaaent ro;ilrJrmffaJ pPrl (J ttJhtl), . . •
• )Wn/1111/T/1 of 2 qfJCl!()JJiC ~f()$fJ-SIJllfiontt $hm{I 1i1eliM tlirsct/Pn Cfine 11111m lartdslkls. w . Minim Pm of 1 qeohqk: 1/tfl.$/;l•tecrimm wlffiln the bmdslfdq fd(J(ltfffet/ below .mJjkurmf: propettv to the (J(}ffh. 111 Minimum cf-4 qettlo(Ji(}Cl',t)S$'1Wfif/ont ({ppl1W(lll 'lflP fQmpor.aiybacJ<ct!f/qlitreutJ, • . f'&A~ The gaoteuhniu11! / gedloglcffl reP,OrtwUI ba up~JM:ed wM nuw ge9logie cmss--secll-0ns along with llaw • .geologic mapplnn of tllEi stw amt iwqatad geota~klllMI mapping ul the slte. lf pe$slbl&; a strnrrturo! eorttour map 1l'Hhe oose, of tht:1 tand~lids will mi prep11raa, See below east estitmite
6, IJpdaterJ sloped.ab/flly 11na'/Jsls on NII fJ611/aofr: flfOS$-secllrJna lncfudlno bkJffk anrf/or rofa:tian 'f;ipe !allures far /(J11tJ term. te/11Plll21'Y $tl}/Jllity ii® pse1vdoshltic· condft/OM, 11wuntt water $1ltf8ce-s .tut 'kl ,brr lrwlllrkif IJ'i th$ lll?iJ/yJ~f 6$ Wb!J m 11nhaft1Jpl11: soil M~r llll/ues. Within the $laps tfBbiliW t111ft(Y$i3i lmrmts calsqo11$, soJfs 1ta!J1r, 1111MJlrs1 slr;ts_, p/latlf/9' or aay at11,r teGhnique. assonfttmd wllh year ~ccmrtnmdatiD1111 to· ll11$Uro t/lmporary stMif/JJf. •
P.&k Slope sttmfllt' ll!la{vsls wnl be pro11ided m~OO Wast Man:iui:ta aloqg wltli the two nelghbt>rlng pr!l~rtia$.

Slope mbllit' -an~tyslt wlll lncltl4e &xf$tillQ oondll:lons ((l,llrmt ilfppa {lfadients}t Pffl!JOl!&d eut I btineh r lower 1»1d Qrndlents fo.r 2.00- Wast Marqutta ind proposed fllilll tlojjll wadiel)t(t) usinQ ~eogr!tl. Ground. w.at~r a~d aal~lc eoif $Jlilar lla1ues wlll be •prnvlded 1n th& slope ~t®Ul\1 amtl,Yllis along wlfh btoc'k:eypa fiill!J!'e1mtl ~ra.utarf;Ype f.a!Jyra-.

See l,lelow ~oot llstfnmte
e. f'rpvfdfl a pltn fqf tfm .impfnntitJg af templ)fl){J and/or psrmawnt hy/1t1N11.1,uers. thtlt ero fv be plftt111d .m th/J. • .botiDJ'i1 ottJ/tJ $k}pe ln the mtJIJf i/!b t)Jfy f!lfl/1/) slatkm. • to mp let~~.
~&A: t!Ydr1J.a:ugljrs wore doo:i0®4 and pla!lelt ~ tha OlfJ arid Its gaotacilnlcaf 11orn1uttant(WO), Bluff -$tanlllty • 'Will bavll' gmvtf.Y fiow d!lltn at berrohes ...

1. On1llne th9 Pmlii M{lli/Jinq pro)W1tlfld ~I/JMght ams that wilt enoroa~h ln'la neigfllwrf fffl propertfe& PM Tll& fast uprll)bla to)llgraphlt map of tha lands)ida \IMS complew.l Oil Marth 9, 201-9~ Mditional bluff • 1anure($) bll!l owurred aiung wltlrtoo iateml emenl:s. Peter and Ai!So.ebitoo propostJS to· n~data th El ~luff f~lluro tupoyraphto fmtt111V:s wM a ilew aedal tlpngr~phft map and f/bld surwy palllt'Hlefi11mg tile • lateral axt,ellf$ of the bfuff falture 011 tile naigbbor"mg propm:tl~ Soo be!w cost GSt11'riate.

8. A plan r:Jear.lY 1hawf11g proposed butt17iiss /rlcatlo11, bcttom erermtlon(i); inTJludil'IJI profectf Pn cf bacfreuts 1wd sidecu/$, rfIC(}mme11.d maxfmum bank cot lnctlru1t101J9' ptoperl.r Jmes-i#Td exlatl'n/1 stntfituros, \>et&r ~nd A~~G!oois, In~. • 1519 Clllle Vall& • $an e1,lll®!e, CA $A$i~ • (949) 492-3735 • F$l! {94!!) 4!12-1881 l/'ll\"/1,1I~™11~a.®Jn
11-17-20/61,:66
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4-5-22 I 61-89
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P&A: Pater and Assaolaloo will vpd.atli tba approved preliminary bluff atab!Jiia!ion I grading pfan • wltn new tipographla Gontmrrs fr;om tfte aerfal topi)graph1t map (Jfem 1), nntl wlll !JPdati, all -i:rtts~r:.otioM and 1m/Vict£i t1liormat!ott !is f'fJtJ!temad by the" Olly fn ltam If, Saabelow costestimare.
9, (Jot and fill esl/mt1t@t [lf6 to tJe prq,1:ented in tJ'lb (il}ttllf. Ptf/$9ht li/1 I.Jllllrmiie tJfih11 !J/{1/J!Jnf ()f fmpcrted fill that Wl!I be neoded to gradtilhii slope assliowll on the geoteclmJC'af maf/9, .

P&A: As- diSGU$$ed Jn lflllll 8 above,. ~eter ~nd Msilelatas Will prmiltie 1/lldalad earth quantities basad 011 tiln updlltlld topograpblo-niap .atia tr.O$S><S•~ / b,luff ~bll!zation / grading pfan • Se1+ oolow cost estima~.

10. ApJJmtM Jqc11fiot1 and hel11hf of flPJ~mpqmry s/or;l{pj!IJP or tefllJlor.t11;1 stagktt} afm!s neededf/Jf orslnq.

P&A: The pr~11tou${V appr-0ved stiifma pl.an wm be upda!ed l.(f lilhPW the locallon ana height$ of any1emp11rar, stilo!(pllas and h!mporazy sticlnll n.re.ns as '®ed11d. s~ b11lQW 00,'l,I; esij/l11fta.

11. Ret1umm1J1Jlfattlm$ ftJJ" $lat clfitfllJI (ti app/leabl~, rewrmwnrbtlans- rcr setJtlfmf!iFll! Ure crlltlinQ I C1Jfp,fflrJK etmslrurttkm,elt:.

P&A: AU rooom!lWilda!io.ns for slot wltlrig .or sequencll!Q m' ihe oradfng wiO he frJ tile updated blllf!' stllbillm!on I nradino.PI~!1$;
Sae b~ow .costt.iallmate-,
it. Rtmqmmendatlons-ftJr iompi,111iy m1I01Idlng I ltiYlnu ba~k tlr6 /ar{JIJ, (4(J.ft)f}f) Rfllir milmtf Sft81P.

PM: Rooommanlfatibns will bl! rn:ovfd!-14 :rn tlJ& 11pdlite4 brllff littlb11i~n I wadiflg plan tor u111oading I l!l)'inq baek 1l!a Jarga ne.ar vertl11~1 s"lllllP ill\TIJU Willi rncomm~ndawn$ tn tm .soil report Saa below qo~ tlltlmit\:e.
ta, Fill t1Cmpactlon riJl1(}mi1/011dat1'11Js,
P&A~ Fil aGifolJ tooornmandatlons; will fie per the uJ)danitt .geot~ch!OOilt I ooottiglcal fllPort far fua prop sM.illmatlon oHhe bluff,
Ser; balow ~llllt est!mate
14, HecammendatitmS for prefJOMtil!iltftm dccum,ll!affun Id 1dfecrmt prop.er.lies: aad/1Jr monlfm1no 1d}11ce11t propcrl/lJs durlflfl Cl)ns_trui:tf 11n, lnaludin(T but niit limited to 'flfbmtions, f Q~ne1111JteM, sqweyfng tJ! caisson r/rJflfJdf iiws, ate.

P~lilrandAniiel~,f~c; • t&i9CJIH(!Val!e • kimtlemenlll,G\9S72 "(9®}1WU7.!5 • FMC94~49.:l•18a1 W\WJ,palernsSlla.~m
11~11~20 / 61~67
2-2-21 / 6H-82
4-5-22 I 61-90
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P&A~ Hec-0mroe1Jdalfons fat pr(ill)oostruaiion docuruellt.ation will ll/1 fn tl!e upda!'Gd gtadlno plans !or i:he proposed bl!lfl mabfllzatiot1, : . . • . • •
Ss& belfJW eost estlrmrte
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Following fa a Sllrtlmil!Y of .our £:OSt estimate for .eacb Item deseripad above:
frlllllll 1 • I;,. 2; JNlll,IN.fJMETERS & SOruNGS Co.mpl~ted JTEl'/J B: DRILL 011! 110.PooT H0W.t>W S:reM Ho~~
a, Drilling, Sampling & llloolng !1 Holato about 110-ft .. :Doopj:

Drill Rig Ramal: t IJays .(ii) 8 hrs,/d;(x) $g00/f:lr. $ 8,000.00 CEQ: ta m:s. (it) $.I /hr. ; Z400.oo 00 Soil 'feolll\itral'II rn hrs. 00 ttstVhr. $ 2,180.

Qaotaclmlc~I £ugln6flf (R~ 4 hra. (ll) $100/br,
S11btcll!t 1!i18,!00J.l0
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b, t..ebaratory Testl11ij:

Mof $l\Jre & tlsmftl; • rn t~s (:<) $ aG/ea. ; 482.0Q
Olr11ol Sboor (R\l\lular)t 4 le~{x) $2'1/ea. $1,100.00
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Fiscal Impact:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: April 5, 2022
Utilities
David Rebensdorf, Utilities Director {) ?-
Agenda Item (o J
Approvals:

City Manager t2J J{)
Dept. Head O g.

Attorney C Jf
FinanceT~

RATIFICATION OF EMERGENCY PURCHASES, CONSTRUCTION CONTRACT WITH O'CONNELL

ENGINEERING & CONSTRUCT/ON FOR CYPRUS SHORE PUMP STATION RELOCATION, AND

FIRST AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH AKM CONSULTING ENGINEERS, PROJECTNO.'S 12004AND 12210.

Yes. The total estimated project cost for the Cyprus Shore Pump Station Relocation, Project No. 12210 is $2,623,150. The project was originally budgeted for $88,580, and a supplemental appropriation of $2,534,570 is recommended from the Sewer Connection Fee Reserve to Account No. 054-477-45300-000-12210.

A total of $411,000 has been budgeted for Cyprus Shore Storm Drain Emergency Relocation, Project No. 12004. Based on actual costs and addition funding for project management, a supplemental appropriation is recommended in the amount of $40,000 from the Storm Drain Fund Depreciation Reserve to Account No. 059-553- 45300-000-12004.

There is sufficient fund balance within all proposed funds for the recommended supplemental appropriations.

Summary: Staff recommends additional funding for Project No.'s 12004 and 12210, ratifying a Construction Contract with O'Connell Engineering and Construction, Inc. (O'Connell) in the amount of $1,974,950 for the Cyprus Shore Pump Station Relocation, ratifying a change order with O'Connell for the Storm Drain Relocation, and approval of a First Amendment to a Professional Services Agreement with AKM Consulting Engineers (AKM).

Background: Coastal bluff movement at Cyprus Shore necessitated an emergency response to ensure uninterrupted wastewater and storm drainage. On September 20, 2021, City staff installed a temporary emergency sewer bypass pump system adjacent to the Cyprus Shore Clubhouse near the intersection of Calle Ariana and Avenue de las Palmeras. In order to protect public health and safety, the City Council ratified the emergency Professional Services Agreement and Construction Contract approved by the City Manager with AKM and O'Connell and an initial appropriation of funding for expenditures, including construction management/inspection services for Dudek Engineering, material purchases and rentals at its October 19, 2021 City Council Meeting. With the need for continued operation of the pump station with pump watch while a more permanent facility is designed and constructed, additional operational Utilities Agenda Report 4-5-22 / 6J-1
Agenda Report Page2
funding was approved on December 7, 2021 and February 15, 2022. Design was completed for the Pump Station Relocation by AKM and bids were received.

Discussion: Project No. 12210 - Cyprus Shore Pump Station Relocation, AKM prepared a design for the relocation of the pump station, which includes the following: wet well, three pumps, replacement of the six-inch forcemain in Calle Ariana, electrical equipment and instrumentation with emergency generator backup power to be purchased separately. The project will improve the pumps, electrical and motor control systems.

Based on a bid package prepared by AKM, City staff contacted three contractors that have satisfactorily completed previous City projects to receive bids for the emergency Cyprus Shore Pump Station Relocation. The following bids were received on March 8, 2022:

O'Connell Engineering and Construction, Inc.

Jennette Company
sew Contracting Corporation
$1,974,950
$2,467,935
$4,096,168
Based on the low bid, construction costs are estimated as follows:

Design/Construction Services
Installation and Monitoring an Inclinometer
Construction Management, Inspection and Testing
Construction
Emergency Generator
Contingency (15%)
Total Project Cost
$ 77,200
25,000
175,000
1,974,950
75,000
296,000
$2,623,150
Based on the low bid, the City Manager approved a construction Contract with O'Connell in the amount of $1,974,950. The City Manager has the authority to approve emergency contracts and purchases when there is a need to protect public health and safety per Section 3.40.070 of the City of San Clemente Municipal Code.

In addition, a First Amendment to the Professional Service Agreement with AKM is ; recommended to provide construction related engineering support services and to finalize design for the permanent relocation of the pump station in the amount of $77,158 (Attachment 7). The original Professional Services Agreement with AKM was for preliminary design and analysis for the pump station and storm drain in the amount of $98,464 and did not include final design or construction period services.

The pump station relocation project was budgeted for preliminary design and analysis in the amount of $88,580. Based on the bids and additional services needed to complete the project, the total project cost is estimated at $2,623,150, based on the project costs, a supplemental appropriation of $2,534,570 is needed to fund the project.

Project No. 12004 - Cyprus Shore Storm Drain Emergency Relocation, the Emergency Storm Drain Relocation is partially constructed due to negotiations between the City and Cyprus Shore HOA related to its placement. The pipeline and fittings have been purchased, the pipeline has been partially placed and stored above 4-5-22 I 6J-2
Agenda Report Page 3
ground have been constructed. Based on a time and materials basis, approximately $130,000 has been spent with O'Connell for equipment, staffing and materials. The original contract was approved for $39,405 with a change order in the amount of $31,230 approved within the project contingency limit. Based on actual construction costs to date, the City Manager approved a change order in the amount of $59,000.

As previously mentioned, the City Manager has the authority to approve emergency contracts and purchases when there is a need to protect public health and safety per Section 3.40.070 of the City of San Clemente Municipal Code.

Based on current construction costs, design, construction management, purchase of ,materials, storm drain lining, and plug installation and maintenance, approximately $441,000 has been spent to date. Staff is requesting an additional $10,000 for project management and contingency until the location of the pipeline is determined. At that time, additional funding will be needed to complete the relocation project. A total of $411,000 has been budgeted, based on the cost as previously mentioned, a supplemental appropriation is recommended in the.amount of $40,000.

Recommended
Action: STAFF RECOMMENDS THAT the City Council:

1. Make a finding that an emergency continues to exist due to the potential failure of an existing sewer pump station and storm drain ·system and that the situation requires immediate action to prevent or mitigate impairment to property and public services, that might otherwise occur if required to incur delays attributed to the typical engineering design and public competitive bidding process;

2. Declare that the public interest and necessity deniand the immediate expenditure of public funds to safeguard public health;

3. Approve a supplemental appropriation in the amount of $2,534,570 to Account Number 054-477-45300-000-12210 from the Sewer Connection Fee Reserve for Cyprus Shore Pump Station Relocation, Project No.1221 O;

4. Approve a supplemental appropriation in the amount of $40,000 to Account Number 059-553-45300-000-12004 from the Storm Drain Fund Depreciation Reserve for Cyprus Shore Storm Drain Emergency Relocation, Project No. 12004;

5. Ratify a Construction Contract with O'Connell Engineering and Construction, Inc. in the amount of $1,974,950 for Cyprus Shore Pump Station Relocation, Project No.12210;

6. Ratify a Change Order with O'Connell Engineering and Construction, Inc. on a time and materials basis for $59,000 for Cyprus Shore Storm Drain Emergency Relocation, Project No. 12004; and,

7. Approve and authorize the City Manager to execute, Amendment No. 01 to Contract C21-43 by and between the City of San Clemente and AKM Consulting Engineers. This Amendment increases the contract amount from $98,464 to $175,622 (an increase of $77,158).
4-5-22 I 6J-3
Agenda Report Page 4
Attachments: 1. Location Map.

2. Construction Contract with O'Connell Engineering & Construction for Cyprus Shore Pump Station Relocation, Project No.12210 (without attachments).

3. First Amendment to Professional Services Agreement with AKM Consulting Engineers. -
Notification: None.
i:\cu\secure\staff\admin\agenda-admin reports\2022 admins\4-5-22\4-5-22-3r cyprus shore contract award and supplemental appropriation.docx 4-5-22 / 6J-4

PROJECT

LOCATION
City of San Clemente
910 Calle Negocfo, Suite 100
SlQl Clemente, CA 92673
Tel (949) 3~1-6100
Fax (949) 361-8316
Cyprus Shore Storm Drain and
Pump ·station Relocation
PN 12004 & 12209
4-5-22 / 6J-5
SECTION 00500

CONTRACT
Attachment 2
THIS CONTRACT is made this __ day of 2022, in the County of Orange, State of California, by and between the City of Sari Clemente hereinafter called City, and ____________ , hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to. complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

CUPRUS SHORE PUMP STATION RELOCATION, PROJECT NO. 12209 The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor's ·failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 130 working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of :One Million, Nine Hundred Seventy Four Thousand, Nine Hundred Fifty Dollars ($1,974,950.00). Payment shall be made as set forth in the General Conditions.

At any time during the term of the Contract, City may, pursuant to the terms and provisions of the Contract Documents, request that the Contractor perform additional work. Contractor shall not perform, nor be compensated for, additional work without written authorization from the City pursuant to the terms and provisions of the Contract Documents.

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. Liquidated damages have been waived for this project. •
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include the following:

Contract
Notice Inviting Bids
Instructions to Bidders
Bid Form
Contractor's Certificate Regarding Workers' Compensation Designation of Subcontractors
Information Required of Bidders
Noncollusion Declaration form
Iran Contracting Act Certification
1 SECTION 00500

CONTRACT
4-5-22 I 6J-6
SECTION 00500

CONTRACT
Public Works Contractor Registration Certification
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Plans and Drawings
Addenda
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract
The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at City of San Clemente Public Works Department or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

IN WI_TNESS WHEREOF, this Contract has been duly executed by the abpve-named parties, on the day and year above written.
2 SECTION 00500

CONTRACT
4-5-22 I 6J-7
SECTION 00500

CONTRACT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

ATTEST:

CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

BEST BEST & KRIEGER
City Attorney
AP'.PROVED AS TO AVAILABILITY
OF FUNDING: •
Finance Authorization

CITY OF SAN CLEMENTE
By: ____________ _
Its: ____________ __,
Dated: ________ , 20 __
("CONTRACTOR")
By: ____ -,--______ _
Its: ------------
Dated: ______ _, 20 __

END OF CONTRACT
3 SECTION 00500

CONTRACT
4-5-22 I 6J-8
Attachment 3

FIRST AMENDMENT TO

PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR
Cyprus Shore Storm Drain Emergency Relocation, Project No. 12004: and Cyprus Shore Pump Station Emergency Relocation, Project No.12209 This First Amendment to Professional Consultant Services Agreement for Cyprus Shore Storm Drain Emergency Relocation, Project No. 12004: and Cyprus Shore Pump Station Emergency Relocation, Project No. 12209 (this "First Amendment") is made and entered into on this_. _day of __ _, 20_, by and between the CITY OF SAN CLEMENTE, a California municipal corporation ("City"), and AKM Consulting Engineers, Inc., an engineering consulting firm, with its principal place of business at 553 Wald, Irvine, CA 92618 ("Consultant") . . A. City and Consultant entered into that certain Professional Consultant Services Agreement for Cyprus Shore Storm Drain Emergency Relocation, Project No. 12004; and Cyprus Shore Pump Station Emergency Relocation, Project No.-12209 (the "Agreement") on October 19, 2021.

B. City and Consultant desire to amend the Agreement in the manner provided herein.

COVENANTS:

Section 1: Section 3.3.1 of the Agreement is hereby amended by increasing the total compensation from Ninety Eight Thousand, and Four Hundred Sixty Four Dollars ($98,464) to One Hundred Seventy Five Thousand, and Six Hundred Twenty Two Dollars ($175,622) • and extends the agreement until January 31st, 2023. In addition to the services to be performed by Consultant as referenced in Exhibit A to the Agreement, Consultantshall also perform those services described in Exhibit "A" to this First Amendment, which exhibit is attached here~o and incorporated herein by this reference.

Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect
4-5-22 I 6J-9
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite of their signatures.

ATTEST:

CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM.:
• --·- "BESr-BEST &1<RIEGER ••
City Attorney
APPROVED AS TO AV AIL.ABILITY
.OF FUNDING:

Finance Authorization

CITY OF SAN CLEMENTE
By: ------------
Its: ------------
Dated: _______ _;, 20
("CONSULT ANT")
By: __________ _
Its: -----------
Dated: ______ _,20 __
4-5-22 I 6J-1 0
EXHIBIT "A"
(See Attached)
4-5-22 I 6J-11
AKM Consulting Engineers
553 Wald
Irvine, CA 92618
Telephone: 949.753.7333 Facsimile: 949.753.7320
www.akmce.com
March 21, 2022
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attention: Mr. David Rebensdorf, Utilities Director
Mr. Amir llkhanipour, Senior Civil Engineer
Water Resources
Infrastructure
Construction Management
Subject: Requ~,t for Additional Budget for Cyprus Shore Lift Station Emergency Relocation {Project No.12209) Additional Services and Topographic Surveying.

Dear Mr. Rebensdorf:

The original scope of work for this project was to develop contract documents consisting of design-build level of concept p_lans, which would require the construction contractor to develop further details and construct a temporary lift station with a pre-packaged motor control center. AKM completed this work.

The City then decided to evaluate the feasibility of constructing two (2) permanent lift stations, along with new influent sewers and forcemains. AKM geveloped concept plans with. alternatives for one lift statiQn =at the south end of Calle Ariana with its 4-inch f~rcemain along Ci:ille Anana, Calle M~rlena, Avenida de las Palmera, Calie Establo, and Avenida Vista del Oceana to the new second. lift station near the Cyprus Cove Club Hquse. • The seci:mdJift station wa~ ,planned to ~e constructed just west of the Cyprus Cove Club House with a 6-inqhforcemain in Avenida Vista. del Qce1;1no and Vista Azul, connE;iGfing to ttle existing 6-inch forcemain at Vista Blanca. AKM developed .implementation cost estimates for this alternative for review by the City. This work was not included in the originai scope of work. •
Following review of these alternatives, the City decided to proceed with a more permanent lift station in Avenida de las Palmera, just west of Calle Ariana. This required the preparation of plans and specifications for a designbid-build project. AKM prepared 16 sheets of plans, technical specifications and front-end documents, and cost estimates for the project, which included constant speed pumps.

The plans and technical specifications were subsequently revised at City's request to change operation of the pumps with variable frequency drives. AKM revised the electrical plans and specifications to implement this change. This work was not included in the original scope of work.

During the preparation of the drainage plans, it became necessary to prepare a topographic map of the work area. AKM completed this work thorough a subconsultant. This work was not included in the original scope of work. This work has already been billed and paid for, which is removed from the request for additional budget 4-5-22 I 6J-12
for design and bidding services. We request a budget augmentation of $36, 426 for this effort, as detailed in the table below:

Additional Design and Bidding Services
Pro)ect Project Associate CAD Word
Director/ Manager Engineer Operator Processing Total Subconsultant/ Rate /Rate /Rate /Rate /Rate Hours Expenses Cost($)
Item Description $232 $225 $155 $107 $76
1 Two New Lift Stations Alternative 8 4 12 $2,476
2 Design-Bid-Build Lift St~i0!l Oocuments 18 48 80 4 150 $23,1!40 3 Revise Electrical Plans and Specs 8 24 18 50 $9;1sz
4 Bidding Support Services 4 4 $9.2$ -- 5 Topographi C Surveying (Billed) 2 2 8,360 $8,824 Total Hours .40 n 4 98 4 218
6 Total Additional Work $9,280 $16,200 $620 $10,486 $304 8,360 $45,250 ·7 Requested Additional Budget for Design and Bidding (6-5) $36,426 With the changes in the project's method of implementation, we expect to perform additional engineering services during construction of the lift station and approximately 1200 feet of new forcemain. These will include additional shop drawing and submittal reviews, responses to requests for information, participation in start-up and testing of the lift station, and preparation of as-built record drawings, as detailed below. We request an additional budget of $40,732 for engineering se.rvices during construction. We will invoice these services on a time and materials basis.

Project Project Associate CAD Word
Director/ Manager Engineer Operator Processing Total Subconsultant/ Rate /Rate /Rate. /Rate - /Rate Hours El!penses Cost($) Item Description $232 $225 $155 $107 $76
1 Revi.ew Shop r;>rawi ngs and Su.bmittllls 8 .16 60 8 92 $ts;~. 2 Respo.nd to RFls 4 8 8 20 .$3,$
3 Field Meetings 8 16 24 $250 $S;ili6
4 Stait:up and Testing 4 . 20 24 $250 j,~i,s.
5 Prepare As-Built Pl ans 4 8 64 76 $1,000 $10,0l.6
Total Ho1,1rs 28 60 76 64 8 236
6 Total Additional Work -Eng. Services During Construction 6,496 13,500 11,780 6,848 608 0 $1,500 $40,732 Our total additional budget request is$ 77,158. Should you have any questions or require additional information, please do not hesitate to contact the undersigned at {949) 753-7333.

Very truly yours,
AKM Consulting Engineers
jlt-r~
Zaki Kayiran, P.E.

Principal
AKM Proposal No. 22-1037 .1-2
4-5-22 I 6J-13

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: April 5, 2022
Agenda Item lQ k
Approvals:

City Manager
Dept. Head ---,--
Attorney y,Y
---- Finance J -i!A--
Department: City Manager
Prepared By: . Jennifer Savage, Assistant to the City Manager Subject: APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH MIG AND TR/PEPI SMITH FOR

ON-CALL COMMUNICATIONS, GRAPHIC DESIGN, AND PUBLIC RELATIONS Fiscal Impact: To be determined. When work is authorized under these agreements, it will be funded from account #001-203-43690.

Summary:

Background/
Discussion:

The City strives to maintain and improve effective communications between the City and the public, and, consistent with the General Plan, secure best practices for actively engaging the community. The City does not the staff resources to effectively provide communications, graphics, and public relations, especially when unforeseen needs arise. To meet demand for communications, graphics and public relation services, staff recommends City Council approve Professional Consultant Services Agreements MIG and Tripepi Smith for on-call communications, graphic design, and public relations services.

A Request for Proposals was posted on the PlanetBids website to receive proposals from interested consultants on December 1, 2021. The City received eight proposals.

Staff reviewed each consultants' qualifications and experience, and conducted interviews with four firms. Staff recommends approval of on-call agreements with two of the consultants that responded to the City's request.

The proposed scope of work will vary depending on communication needs. The following are sample scope of work items identified for the on-call services:
• Social media
• Communications
• Marketing
• Public relations
• Graphic design and videography
With on-call agreements in place, staff will request proposals from the two consultants.

The proposals will provide the consultants' recommended scope of work, project team, and proposed fee. This information will be used to determine which consultant is most qualified for the specific need. Each of the on-call agreements would be for a one-year term with one additional annual renewal at the City Manager's discretion. Since these are on-call agreements, there is no guarantee that specific work will be requested or approved for either of the consultants.

City Manager's Agenda Report 4-5-22 I 6K-1
Agenda Report . Page2
Plan and Policy
Consistency: Approval of on-call services would be consistent with the General Plan, including the goals and policies listed below, in that on-call communication, graphic design, and public relation services would allow the City to effectively inform the public and follow best practices for communication and marketing.

Recommended
• General Plan: Establish and maintain communication and information technologies that that effectively inform the public on an ongoing basis and provide opportunities for all to participate in local government.
• Policy ED-5.06. Staying Current. We maintain awareness of and follow best practices in the use of communication and information technology to actively inform and engage the community (instead of, for example, passively providing information via City Hall visits, newspaper ads or the City's website). • Policy ED-5.07. E-Governance. We maintain awareness of and follow best practices in the use of communication and information technology in conducting City business.
• Policy G-3.03. Format. We will use a variety of methods and media to . communicate effectively.
• Policy G-3.07. Staying Current. The City will follow best practices in the use of communication and information technology to inform and engage the community and will conduct City business in a timely manner.
• Policy-3.09. Outreach. We meet or exceed minimum or legal notification . requirements to facilitate broad public participation in public decision-making.

Action: STAFF RECOMMENDS THAT the City Council:

Attachments:

1. Appmve and authorize the City Manager to sign· and execute a Professional Services Agreement with MIG, Inc. for on-call communications, graphic design, and public relations services, and authorize the City Manager to renew the agreement up to one additional one-year term; and

2. Approve and authorize the City Manager to sign and execute a Professional Services Agreement with Tripepi Smith for on-call communications, graphic design, and public relations services, and authorize the City Manager to renew the agreement up to one additional one-year term.

1. Draft Professional Services Agreement with MIG, Inc. for on-call communications, graphic design, and public relations services.

2. Draft Professional Services Agreement with Tripepi Smith for on-call communications, graphic design, and public relations services.

Notification: None
4-5-22 I 6K-2
ATTACHMENT 1

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 7th day of March, 2022, by and. between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio, San Clemente, California, 92673 ("City") and [MIG], a [CORPORATION], with its principal place of business at [3321 Granada Avenue, San Diego, CA 92104] ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain 'professional [On-Call Communications, Graphic Design, and Public Relations] consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional [On-Call Communications, ·Graphic Design, and Public Relations] consulting services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.

2.2 . Project.

City desires to engage Consultant to render such professional [On-Call Communications, Graphic Design, and Public Relations] consulting services as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental. and customary work necessary to fully and adequately supply the professional [On-Call Communications, Graphic Design, and Public Relations] consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from [March 7, 2022] to [March 7, 2023], unless earlier terminated as provided herein. The City shall have the unilateral option, . at its sole discretion, to renew this Agreement automatically for no more than [ONE] additional one-year term. Consultant shall complete the Services within the term of this Agreement,· and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the 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. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall 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 addi • nal personnel, including, but not limited to: social security taxes, income tax withholding, ploymenf insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consult
within the term of this Agreement, and in accorda
Exhibit "B" attached hereto and incorporated h
rm the Services expeditiously,
dule of Services set forth in
sultant represents that it
rvices in conformance
Schedule, City shall
Consultant shall
• e of Services.
has the professional and technical personn
with such conditions. In order to facilitate Co
respond to Consultant's submittals in a timely
provide ~ more detailed schedule of nticipated pe

3.2.3 Endorseme
specifications, estimates (PS&E) an
appropriate will indicate Consultan_t's a
ltant s ign all plans,
y Consultant, and where
ional registration number.

3.2.4 Consultant shall be
canno
Agreem
Services i
uncooperativ ,
threat to the sa
Consultant at the r
as follow$: [Ann Berc
All work prepared by
. Consultant has represented to City that
e Services under this Agreement. Should
onsultant may substitute other personnel
City. In the event that City and Consultant
f key pe nnel, City shall be entitled to terminate this low, any personnel who fail or refuse to perform the
City, or who are determined by the City to be
eat to e adequate or timely completion of the Project or a property, shall be promptly removed from the Project by the y. The key personnel for performance of this Agreement are t Manager].

3.2.6 City presentative. The City hereby designates [Jennifer Savage, Assistant to the City Manager], or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City fqr review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative·or his/her designee. 2 55452.01100\31193624.5
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3.2. 7 Consultant's Representative. Consultant hereby designates [Ann Berchtold, Project Manager], or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques; sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.8 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's s ff, consultants and other staff at all reasonable times.

3.2.9 Standard of CarS" Performan
Services under this Agreement in a skillful and c
generally recognized as being employed by
California. Consultant represents and •
necessary to perform the Services. Cons
es. Consultant shall perform all
, consistent with the standards
e discipline in the State of
• the professional calling
es and subconsultants
d to them. Finally,
icenses, permits,
the Services,
shall have sufficient skill and experience
Consultant represents that it, its emplo
qualifications and approvals of
and that such licenses and appr
As provided for in the indemnifi
its own cost and expense and
correct errors or omis • •
standard of care pro
is determined by t
completion of the
or refuses to perfo
from the •
or to wo
comp!
the perfo
give all no
regulations in
to such laws, r
therefrom. Consu
employees, agents, a
ghout the term is Agreement.
ent, Consultant shall perform, at
City, any services necessary- to
t's failure to comply with the
t or its sub-consultants who
a th t to the adequate or timely •
erty, or any employee who fails
table tot City, shall be promptly removed
re-employed to perform any of the Services
ant shall keep itself fully informed of and in
eral law , ules and regulations in any manner affecting vices, including all Cal/OSHA requirements, and shall
t shall be liable for all violations of such laws and
ices. I • onsultant performs any work knowing it to be contrary , Consultant shall be solely responsible for all costs arising d, indemnify and hold City, its officials, directors, officers, free and harmless, pursuant to the indemnification provisions of this Agreement, from
with such laws, rules or. re
or liability arising out of any failure or alleged failure to comply tions.

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall . exercise all necessary precautions for the safety of employees appropriate to the nature. of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, 3 55452.01100\31193624.5
4-5-22 I 6K-5
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.12 Insurance. Consultant agrees to procure and maintain, at Consultant's expense all insurance specified in Exhibit "C" attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved iri writing by the City.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant sha
authorized reimbursements, for all Services rendered u
in Exhibit "D" attached hereto and incorporated herein• not exceed [forty nine thousand] ($[49,000]) wit
Manager as applicable. Extra Work may be a
will be compensated at the rates and manner

3.3.2 Pa ment of Co
invoice which indicates work co
invoice shall describe the amou
since the start of the subsequen
City shall, within 30 days of rece
and approved charges
written notice to Con
forth therein.
ive compensation, including
greement at the rates set forth
. The total compensation shall
al of the City Council or City
below, and if authorized,
ity a monthly
nsultant. The
ment date, or
h the of the invoice.
and pay all non-disputed
s fees, the City shall give
e of any disputed fees set
hall not be reimbursed for any
it "D" of this Agreement.
reque
g the term of this Agreement, City may
erein, "Extra Work" means any work which
is det
Parties
Consultan
from the City.

Section 3.1.2, the ra
as set forth in Exhibit "
for the per completion of the Project, but which the
uld be necessary at the execution of this Agreement.
nsated for, Extra Work without written authorization
es. In the event that this Agreement is renewed pursuant to Exhibit "D" may be adjusted each year at the time of renewal

3.3.6 Labor Code Requirements.

3.3.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of .Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates an.d the performance of other requirements on "public works" and "maintenance" projects. ["If'] the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and ["If'] the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, 4 55452.01100\31193624.5
4-5-22 I 6K-6
classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6.2 Registration. If the Services are being performed as part of an applicable "public works" or "maintenance" project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and ement by the DIR. It shall be Consultant's sole responsibility to comply with all applic istration and labor compliance requirements, including the submission of payroll record o the DIR. Notwithstanding the foregoing, the contractor registration requirements ma bor Code sections 1725.5 and 1771.1 shall not apply to Services performed on a.. t that is exempt pursuant to the small project exemption specified in Labor d 1771.1.

3.4 Accounting Records.

3.4.1 Maintenan
accurate records with respect to
records shall be clearly identifiabl
business hours to examine, audi
documents created p
• documents, procee •
from the date of fi

3.5 Cons
by givin
thereof, at
Consultant s
to City, and Con
this Agreement ex
complete and
ent. All such
tive uring normal
ch records and any other
spection of all work, data,
a period of four (4) years
~=t=io=n. City may, by written notice to
part oft greement at any time, with or without cause,
f such termination, and specifying the effective date
efore ffective date of such termination. Upon termination, • only fo • hose services which have been adequately rendered led to no further compensation. Consultant may not terminate ffect of Termination. If this Agreement is terminated as provided herein, City may ire Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. •3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the 5 55452.01100\31193624.5
4-5-22 / 6K-7
respective parties may provide in writing for this purpose:

Consultant:

City:
[MIG]
[3321 GRANADA AVENUE]
[SAN DIEGO, CA92104]
ATTN: [ANN BERCHTOLD, PROJECT MANAGER]
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: [JENNIFER SAV GE, ASSISTANT TO THE CITY
MANAGER]
Such notice shall be deemed made when personally d
hours after deposit in the U.S. Mail, first class posta applicable address. Actual notice shall be deem
occurred, regardless of the method of service.
r when mailed, forty-eight (48)
d addressed to the party at its
• e on the date actual notice

3.5.3 Ownership of Material

3.5.3.1 Agreement creates a non-exclu
sublicense any and all copyrig
specifications, studies, drawings
any tangible medium
magnetically or oth
prepared by Cons
subconsultants to
• any Documents &
and warr
Consul
· of lntellec ro ert . This
ity to copy, use:Vudify, reuse, or
tual property embodied in plans,
ts or works of authorship fixed in
to, physical drawings or data
e prepared or caused to be
Da Consultant shall require all
usive and perpetual license for
nder this reement. Consultant represents
o license any and all Documents & Data.
nty in regard to Documents & DatF1 which
nsultant or provided to Consultant by the
e Documents & Data at any time, provided
• by this Agreement shall be at City's sole risk.
·ialit . All ideas, memoranda, specifications, plans,
procedures, ns, coffiputer program data, input record data, written information, an s & Data either created by· or provided to Consultant in connection with th this Agreement shall be held confidential by Consultant. Such materials shall not, • rior written consent of City, be used by Consultant for any purposes other than the ance of the Services. Nor shall such materials be disclosed to any person or entity not co cted with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use • City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, 6 55452.01100\31193624.5
4-5-22 I 6K-8
in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel sucti release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.5.4 Cooperation; Further Acts. The Pa.
another, and shall take any additional acts or sign any add if appropriate or convenient to attain the purposes of this hall fully cooperate with one
cuments as may be necessary,
nt.

3.5.5 Attorney's Fees. If either g
party, either legal, administrative or otherwise, ar·
the prevailing party in such litigation shall b
reasonable attorney's fees and all other cost ·
. an action against the other
ction with this Agreement,
r from the losing party

3.5.6 3.5.6.1
(with counsel of City's choosing
by law, Consultant shall defend
, its directors, officials, officers,
d all claims, demands, causes
in law or equity, to property
employees, voTunteers
of action, costs, ex
or persons, includ·
alleged acts, err
employees, subc
Consultan'
. all d
expe
any, r
harmless a
defined unde
section 2782.8,
limited to clpims th
misconduct of the Co
competent jurisdiction,
exceed the Consultant's p
t of, aining to, or incident to any
. nsultant, its officials, officers,
in conne n with the performance of the
t, including without limitation the payment of
's fees and other related costs and
ot be restricted to insurance proceeds, if
ers, employees, agents, or volunteers.
ltant's obligation to defend, indemnify, and/or hold
mance as a "design professional" (as that term is
• 2782. , then, and only to the extent required by Civil Code orated herein, Consultant's indemnification obligation shall be ertain to, or relate to the negligence, recklessness, or willful , upon Consultant obtaining a final adjudication by a court of t's liability for such claim, including the cost to defend, shall not rtionate percentage of fault.

3.5.7 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.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of 7 55452.01100\31193624.5
4-5-22 I 6K-9
this Agreement.

3.5.1 0 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the . successors and assigns of the parties.

3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or inte y reason of such attempted assignment, hypothecation or transfer.

3.5.13 Construction· References· Ca
participated fully in the preparation of this Agree
construed simply, according to its fair meaning,
referencing time, days or period for perform
days. All references to Consultant include all
of Consultant, except as otherwise specified in
elected officials, officers, employees, agents, and
Agreement. The captions of the v articles an
of reference only, and do not defin gment, o
the Parties or their agents have
of this Agreement shall be
ainst any Party. Any term
dar days and not work
and subconsultants
to City include its
specified in this
hs are for con nee and ease
e the scope, content, or .intent of
this Agreement. •

3.5.14 Ame
, this Agreement shall
default or
privile
contr

3.5 -edification, or amendment of
by both Parties.
fault sha · onstitute a waiver of any other
ovenant or condition. No waiver, benefit,
by a Party shall give the other Party any
There are no intended third party
Parties.
everab . If any portion of this Agreement is declared invalid, by a court of competent jurisdiction, the remaining provisions t.

Interests. Consultant maintains and warrants that it has not employed nor retained an pany or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal 8 55452.01100\31193624.5
4-5~22 I 6K-10
opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shail include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensa • n or to undertake self-insurance in accordance with the provisions of that Code, and agrees t ly with such provisions before commencing the performance of the Services.

3.5.21 Authorit • to Enter A reement
authority to conduct its business and to execute, d
warrants that the individuals who have signed .
authority to make this Agreement and bind e

3.5.22 Counterparts.
which shall constitute an original.

3.6 Subcontracting.

3.6.1 the work required
approval of City.
provisions stipula
55452.01100\31193624.5
9 t has all requisite power and
the Agreement. Each Party
e legal power, right, and
not subcontract any portion of
herein, without prior written
aking them subject to all
4-5-22 / 6K-11
IN WITNESS WHEREOF,·the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures:

ATTEST:

CITY CLERK of the City of
San Clem~nte, California
APPROVED AS TO FORM:

BEST BEST & KRIEGER
City Attorney

APPROVED AS T
OF FUNDING:
55452.01100\31193624.5

CITY OF SAN CLEMENTE
By: ____________ _
10 Its: ·--
("CONSULTANT")
By: Deanna Chow Trotter
Its: Principal-in-Charge •
Dated:-~-----' 20 __
4-5-22 / 6K-12
EXHIBIT "A"

SCOPE OF SERVICES
On-Call Communications, Graphic Design, and Public Relations 11 55452.01100\31193624.5
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55452.01100\31193624.5
EXHIBIT "B"

SCHEDULE OF SERVICES

TO BE DETERMINED AND DEPENDENT ON NEED
1 4-5-22 / 6K-14
EXHIBIT "C"

INSURANCE REQUIREMENTS

3.2.12 Insurance.

3.2.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability . Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less th?tn $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or ~uits by one insured against.another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1 ), or the exact equivalent, covering bodily injury and property damage for all . activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liabifity insurance or Errors & Omissions insurance appropriate to Consultant's profession with limits of no_t less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may . potentially affect the work. to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City. to add the following provisions to the insurance policies:
55452.01100\31193624.5
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(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. , Additional Insured Endorsements shall nqt (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to !lsole" liability of Consultant; or ( 4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endor . ents providing the exact same coverage) to effectuate this requirement.
(2) Cancellati •
be canceled or the coverage reduced until a thirty (30
served upon the City except ten (10) days shall b
red insurance policies shall not
otice of cancellation has been
ment of premium.
(B)
be canceled or the coverage red
served upon the City except ten
) •
. canceled or the cov
served upon the Cit

3.2.12.4 olicies shall not
ation has been
nee policies shall not be
n ce of cancellation has been
n-payment of premium.
bility Exclusion Deleted: This insurance
ement. The policy must "pay on behalf of'
urer's duty to defend.
lation: Required insurance policies shall not be
until a hirty (30) day written notice of cancellation has been ) days shall be allowed for non-payment of premium.
rimar and Non-Contributin Insurance. All policies of
. d Automobile Liability insurance shall be primary and any other insurance, deductible, ors -insurance maintained by the City, its officials, officers, employees, agents,.or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.12. 7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance 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 the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
55452.01100\31193624.5
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3.2.12.8 Deductibles and Self-Insured Retentions. Any deductible or self- . insured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same exte.nt as they would have been protected had the policy or policies not contained a deductible or self-insured retention. •

3.2.12.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision o dorsement that has not· been submitted to the City for approval. The certificates and en ents for each insurance policy shall be signed by a person authorized by that insurer t overage on its behalf. At least fifteen (15 days) prior to the expiration_ of any such nee of insurance showing that such insurance coverage has been renewed or e filed with the City. If such coverage is cancelle.d or reduced and not repl . as to avoid a lapse in the required coverage, Consultant shall, within te f written notice of such cancellation or reduction of coverage, file wi· nee showing that the required insurance has been reinstated or has ·nsurance company or companies.

3.2.12.1 insurance required under this A
and not replaced immediately
but not the duty to o •
promptly reimbur
Consultant paym
compan
trans
throu
fede
Consultant a
Consultant of n
nor does it waive
e. In the even any policy of
hese specifications or is canceled
·red coverage, City has the right
premium paid by City will be
, icient to pay premium from
reement effective upon notice.
urers. Each such policy shall be from a
ting of no less than A- VI I and authorized to
• , or otherwise allowed to place insurance
s of the California Insurance Code or any
Enfo nt of A reement Provisions non esto el .
ees thatlfctual or alleged failure on the part of the City to inform any requirement imposes no additional obligation on the City der.
• e uirements Not Limitin . Requirement of specific coverage or minimum limits contain his Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and 55452.01100\31193624.5 4"'.5-22 / 6K-17
volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant's compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
55452.01100\31193624.5 4-5-22 / 6K-18
EXHIBIT "D"

COMPENSATION
See proposal included as Exhibit "A". In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the-Consumer Price Index, All Urban Consumers, Los Angeles-Long Beach-Anaheim, CA.
55452.01100\31193624.5
4-5-22 / 6K-19

WORKER'S COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
n I have and will maintain a certificate of consent fro to self-insure for workers' compensation, as pro •
Code, for the performance of the work to be P,
alifornia Labor Commission
by Section 3700 of the Labor
nder this contract.
n I have and will maintain workers' comp
3700 of the Labor Code, for the perf
contract. My workers' compensatio
required by Section
erformed under this
umber are:

Policy Number ____ _
□
WARNI
I certify that, •
any pers
of Califo
San Cle
all claim

COVERAG

CRIMINAL P
DOLLARS ($10 ,
DAMAGES AS PR ·,

INTEREST, AND AT
55452.01100\31193624.5
reement, I shall not employ
• t to orkers' compensation laws
an hold harmless the City of
ees, a ents from and against any and
ersonal injury or death, economic losses,
re to provide such worker's compensation
come subject to the workers'
e Labor Code, I shall forthwith comply

WORKERS' COMPENSATION

AND HALL SUBJECT AN EMPLOYER TO

CIVIL FINES UP TO ONE HUNDRED THOUSAND

DITION TO THE COST OF COMPENSATION,
OR IN SECTION 3706 OF THE LABOR CODE,
EV'S FEES.
4-5-22 I 6K-20
Dated: _________ _, 20 __
Consultant
By:

Title
Address
55452.01100\31193624.5
4-5-22 / 6K-21
ATTACHMENT 2

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this __ day of ---~ 20_, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio , San 'Clemente, California, 92673 ("City") and [Tripepi Smith], a [CORPORATION], with its principal place of business at [PO Box 52152, Irvine, CA 92619] ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional [On-Call Communications, Graphic Design, and Public Relations] consulting . services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional [On-Call Communications, Graphic Design, and Public Relations] consulting services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional [On-Call Communications, Graphic Design, and Public Relations] consulting services as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [On-Call Communications, Graphic Design, and Public Relations] consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A". attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from [March 7, 2022] to [March 7, 2023], unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than [ONE] add.itional one-year term. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the 4-5-22 I 6K-22
means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee . . Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the 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. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall 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 addi • nal personnel, including, but not limited to: social security taxes, income tax withholding, ployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consult •
within the term of this Agreement, and in accorda
Exhibit "B" attached hereto and incorporated h
rm the Services expeditiously,
ule of Services set forth in
sultant represents that it
rvices in conformance
Schedule, City shall
Consultant shall
has the professional and technical personn
with such conditions. In order to facilitate Co
respond to Consultant's submittals in a timely
provide a more detailed schedule of anticipated p e of Services.

3.2.3 Endorsemen
specifications, estimates (PS&E) an
appropriate will indicate Consultant's a
ltant sh ign all plans,
y Consultant, and where
ional registration number.

3.2.4 Consultant shall be
canno
Agreem
Services i
uncooperativ ,
threat to the sa
Consultant at the r
as follows: [Ryder To
All work prepared by
I. Consultant has represented to City that
e Services under this Agreement. Should
onsultant may substitute other personnel
City. In the event that City and Consultant
f key pe • nnel, City shall be entitled to terminate this low, any personnel who fail or refuse to perform the
City, or who are determined by the City to be
eat to e adequate or timely completion of the Project or a roperty, shall be promptly removed from the Project by the . The key personnel for performance of this Agreement are resident].

3.2.6 Cit e resentative. The City hereby designates [Jennifer Savage, Assistant to the City Manager], or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 2 55452.01100\31193624.5
4-5-22 I 6K-23

3.2. 7 Consultant's Representative. Consultant hereby designates [Ryder Todd Smith, President], or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and atterition, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions· of the Services under this Agreement.

3.2.9 Standard of Care· Performan
Services under this Agreement in a skillful and
generally recognized as being employed by
California. Consultant represents and
necessary to perform the Services. Cons
shall have sufficient skill and experience
Consultant represents that it, its emplo
qualifications and approvals of
and that such licenses and appr
As provided for in the indemnific
its own cost and expense and
correct errors or omis •
standard of care pr
is determined by
completion of the
or refuses to perfo
from the •
orto wo
es. Consultant shall perform all
, consistent with the standards
e discipline in the State of
the professional calling
es and subconsultants
d to them. Finally,
icenses, permits,
• the Services,
ghout the term is Agreement.
ment, Consultant shall perform, at
City, any services necessary to
t's failure to comply with the
t or its sub-consultants who
at t to the adequate or timely
erty, or any employee who fa,ils
table to t City, shall be promptly removed
re-employed to perform any of the Services
compl
the perf
give all no
regulations in
ant shall keep itself fully informed of and in
eral law , ules and regulations in any manner affecting ices, including all Cal/OSHA requirements, and shall
t shall be liable for all violations of such laws and
to such laws, ru
therefrom. Consu
employees, agents, a
of this Agreement, from
with such laws, rules or re .
ices. onsultant performs any work knowing it to be contrary , Consultant shall be solely responsible for all costs arising d, indemnify and hold City, its officials, directors, officers, free and harmless, pursuant to the indemnification provisions or liability arising out of any failure or alleged failure to comply tions.

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, 3 55452.01100\31193624.5
4-5-22 I 6K-24
• equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant sha
authorized reimbursements, for all Services rendered u. in Exhibit "D" attached hereto and incorporated herein
not exceed [seventy five thousand] ($[75,000]) •
City Manager as applicable. Extra Work m
authorized, will be compensated at the rates

3.3.2 Pa ment of Co
invoice which indicates work co
invoice shall describe the amou
since the start of the subseqlien
City shall, within 30 days of rec
and approved charge
written notice to Con
forth therein.
ive compensation, including
greement at the rates set forth
. The total compensation shall
roval of the City Council or
described below, and if
greement.
ity a monthly
sultant. The
ment date, or
h the f the invoice.
and pay all non-disputed
s fees, the City shall give
of any disputed fees set
hall not be reimbursed for any
It "D" of this Agreement.
reque
g the term of this Agreement, City may
erein, "Extra Work" means any work which
is det
Parties
Consultant
from the City.

3.3. Section 3.1.2, the ra
as set forth in Exhibit "
for the per completion of the Project, but which the
uld be necessary at the execution of this Agreement.
nsated for, Extra Work without written authorization
es. In the event that this Agreement is renewed pursuant to Exhibit "D" may be adjusted each year at the time of renewal

3.3.6 Labor Code Requirements.

3.3.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 172Q, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. ["If'] the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and ["If'] the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, 4 55452.01100\31193624.5
4-5-22 I 6K-25
• classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6.2 Registration. , If the Services are being performed as part of an applicable "public works" or "maintenance" project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall mai·ntain registration for the duration of the .project and require the sa e of any subconsultants. This project may also be subject to compliance monitoring and ement by the DIR. It shall be Consultant's sole responsibility to comply with all applic istration and labor compliance requirements, including the submission of payroll recor o the DIR. Notwithstanding the foregoing, the contractor registration requirements m bar Code sections 1725.5 and 1771.1 shall not apply to Services performed on a , t that is exempt pursuant to the small project exemption specified in Labor d 1771.1.

3.4 Accounting Records.

3.4 .. 1 Maintenance and
accurate records with respect to all
records shall be clearly identifiable.
business hours to examine, audit, a
documents created pursuant to this Agr
documents, proceedings activities
from the date of final r this

3.5 complete and
. ent. All such
tive uring normal
ch records and any other
spection of all work, data,
period of four ( 4) years
\
Cons
by givi
thereof, at
Consultant s
ds tion. City •may, by written notice to
part of fli't~Agreement at any time, with or without cause, f such termination, and specifying the effective date
ffective date of such termination. Upon termination,
to City, and Con
this Agreement ex
only fo ose services which have been adequa~ely rendered led to no further compensation. Consultant may not terminate ffect of Termination. If this Agreement is terminated as provided herein, City may ire Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to.the respective parties at the following address, or at such other address as the 5 55452.01100\31193624.5
4-5-22 I 6K-26
respective parties may provide in writing for this purpose:

Consultant:

City:
[TRIPEPI SMITHJ
[PO BOX 52152]
[IRVINE, CA 92619]
ATTN: [RYDER TODD SMITH, PRESIDENT]
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: [JENNIFER SAVAGE, ASSISTANT TO THE CITY
MANAGER]
Such notice shall be deemed made when personally d
hours after deposit in the U.S. Mail, first class pasta applicable address. Actual notice shall be deem·
occurred, regardless of the method of service.
r when mailed, forty-eight (48)
d addressed to the party at its
• e on the date actual notice

3.5.3 Ownership of Material

3.5.3.1 Agreement creates a non-exclus
subli~ense any and all copyrigh
specifications, studies, drawings
any tangible medium
magnetically or oth
prepared by Cons
subconsultants to
any Documents &
and warr
Consul
of lntellec ro ert . This
ity to copy, use;Vodify, reuse, or
tual property embodied in plans,
ts or works of authorship fixed in
to, physical drawings or data
e prepared or caused to be
Consultant shall require all
usive and perpetual license for
nder this reement. Consultant represents
o license any and all Documents & Data.
nty in regard to Documents & Data which
nsultant or provided to Consultant by the
e Documents· & Data at any time, provided
by this Agreement shall be at City's sole risk.
• lit . All ideas, memoranda, specifications, plans,
procedures, ns, c puter program data, input record data, written information; an s & Data either created by or provided to Consultant in connection with the· this Agreement shall be held confidential by Consultant. Such materials shall not, ior written consent of City, be used by Consultant for any purposes other than the • ance of the Services. Nor shall such materials be disclosed to any person or entity not co, cted with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City:

3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the. release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, 6 55452.01100\31193624.5
4-5-22 I 6K-27
in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (.1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.5.4 Cooperation: Further Acts. The Pa
another, and shall take any additional acts or sign any addi • appropriate or convenient to attain the purposes of this hall fully cooperate with one
cuments as may be necessary,
t.

3.5.5 Attorney's Fees. If either
party, either legal, administrative or otherwise,
the prevailing party in such litigation shall b
reasonable attorney's fees and all other cost
an action against the other
. ction with this Agreement,
r from the losing party

3.5.6 3.5.6.1
(with counsel of City's choosing
by law, Consultant shall defend
, its directors, officials, officers,
d all claims, demands, causes
in law or equity, to property
aining to, or incident to any
nsultant, its officials, officers,
employees, volunteers
of action, costs, ex
or persons, includ"
alleged acts, err
• employees, subc
Consultan'
all da
harmless
defined unde
section 2782.8,
limited to claims t
misconduct of the Co
competent jurisdiction,
exceed the Consultant's p
in conne on with the performance • of the
, including without limitation the payment of
's fees and other related costs and
ot be restricted to insurance proceeds, if
ers, employees, agents, or volunteers.
ltant's obligation to defend, indemnify, and/or hold
mance as a "design professional" (as that term is
2782. , then, and only to the extent required by Civil Code orated herein, Consultant's indemnification obligation shall be ertain to, or relate to the negligence, recklessness, or willful , upon Consultant obtaining a final adjudication by a court of t's li,ability for such claim, including the cost to defend, shall not rtionate percentage of fault.

3.5.7 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.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of 7 55452.01100\31193624.5
4-5-22 I 6K-28
this Agreement.

3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.13 Construction· References· Ca r
participated fully in the preparation of this Agree
construed simply, according to its fair meaning,
referencing time, days or period for perform
days. All references to Consultant include all
of Consultant, except as otherwise specified in ,
elected officials, officers, employees, agents, and
Agreement. The captions of the v articles an
of reference only, and do not defin gment, o
this Agreement.
the Parties or their agents have
of this Agreement shall be
ainst any Party. Any term
dar days and not work
and subconsultants
to City include its
specified in this
hs are for conv nee and ease
e the scope, content, or intent of
odification, or amendment of
by both Parties.
default or
privileg
contr
nstitute a waiver of any other
ovenant or condition. No waiver, benefit,
by a Party shall give the other Party any
There are no intended third party
Parties.
everab . If any portion of this Agreement is declared invalid, by a court of competent jurisdiction, the remaining provisions t.

3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal 8 55452.01100\31193624.5
4-5-22 I 6K-29
opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all ;3.ctivities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensa • n or to undertake self-insurance in accordance with the provisions of that Code, and agrees t ply with such provisions before commencing the performance of the Services.

3.5.21 Authorit to Enter A reement
authority to conduct its business and to execute, d
warrants that the individuals who have signed .
authority to make this Agreement and bind e

3.5.22 Counterparts.
which shall constitute an original.

3.6 Subcontracting.

3.6.1 the work required
approval of City.
provisions stipula
55452.01100\31193624.5
9 t has all requisite power and
the Agreement. Each Party
e legal power, right, and
not subcontract any portion of
herein, without prior written
aking them subject to all
4-5-22 I 6K-30
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

ATTEST:

CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

BEST BEST & KRIEGER
City Attorney

APPROVED AST
OF FUNDING:
55452.01100\31193624.5

CITY OF SAN CLEMENTE
By:, ____________ _
Its: __
("CONSULTANT"}
By:. ___________ _
Its: -_ _....; _________ _
Dated: ______ _, 20
10 4-5-22 / 6K-31
EXHIBIT "A"

SCOPE OF SERVICES
On-Call Communications, Graphic Design, and Public Relations 11 55452.01100\31193624.5
4-5-22 ( 6K-32
55452.01100\31193624.5
EXHIBIT "B"

SCHEDULE OF SERVICES
TO B.E DETERMINED AND DEPENDENT ON NEED
1 4-5-22 I 6K-33
EXHIBIT-"C"

INSURANCE REQUIREMENTS

3.2.12° Insurance.

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness· of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to th_e terms or purposes of this Agreement. (B) Automobile Liability Insurance: (1) a Personal Automobile Liability policy for the Consultant's own vehicle stipulating "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident"; and (2) a non-owned auto endorsement to the Commercial General Liability policy if Consultant uses vehicles of others (e.g., vehicles of employees).
(C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of . not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant's profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endor ents providing the exact same coverage) to effectuate this requirement.
(2) Cancellati
be canceled or the coverage reduced until a thirty (30 • served upon the City except ten (10) days shall b
·red insurance policies shall not
otice of cancellation has been
ment of premium. \
(B)
be canceled or the coverage reduce
served upon the City except ten (1
olicies shall not
tion has been
canceled or the cov
served upon the Cit

3.2.12.4 nee policies shall not be
n ce of cancellation has been
n-payment of premium.
bility Exclusion Deleted: This insurance
ement. The policy must "pay on behalf of'
urer's duty to defend.

C llation: Required insurance poliqies shall not be
until a thirty (30) day written notice of cancellation has been ) days shall be allowed for non-payment of premium.
rimar and Non-Contributin Insurance. All policies of
d Automobile Liability insurance shall be primary and any other insurance, deductible, ors -insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.12.8 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention ..

3.2.12.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision o • dorsement that has not been submitted to the City for approval. The certificates and en ents for each insurance policy shall be signed by a person authorized by that insurer overage on its behalf. At least fifteen (15 days) prior to the expiration of any such nee of insurance showing that such insurance coverage has been renewed or e t - filed with the City. If such coverage is cancelled or reduced and not repl s to avoid a lapse in the required coverage, Consultant shall, within te f written notice of such cancellation or reduction of coverage, file wi nee showing that the required insurance has been reinstated or has • surance company or companies.

3.2'.12.1
insurance required under this A
and not replaced immediately
but not the duty to • •
promptly reimburs
Consultant paym
compan
trans
throu
fede
Consultant a
Consultant of n
nor does it waive
e. • In the even any policy of
hese specifications or is canceled
·red coverage, City has the right
premium paid by City will be
n icient to pay premium from
reement effective upon notice.
urers. • Each such policy shall be from a
ting of no less than A- VI I and authorized to
·a, or otherwise allowed to place insurance
s of the California Insurance Code or any
En o nt of Agreement Provisions (non estoppal).
ees thmtftctual or alleged failure on the part of the City to inform any requirement imposes no additional obligation on the City der.
•• equirements Not Limiting. Requirement of specific coverage or minimum limits contai his Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by _any insurance.

3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and 55452.01100\31193624.5 4-5-22 I 6K-36
volunteers as· additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract-relating to this Agreement until it has received satisfactory evidence of subconsultant's compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of ·compliance with this section upon request of the City.
55452.01100\31193624.5 4-5-22 I 6K-37
EXHIBIT -'D"

COMPENSATION
See proposal included as Exhibit "A". In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Long Beach-Anaheim, CA.
55452.01100\31193624.5
4-5-22 I 6K-38

WORKER'S COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
[J I have and will maintain a certificate of consent fro to self-insure for workers' compensation, as pro •
Code, for the performance of the work to be p
alifornia Labor Commission
by Section 3700 of the Labor
nder this contract.
□ I have and will maintain workers' comp
3700 of the Labor Code, for the perf
contract. My workers' compensatio
required by Section
erformed under this
umber are:

Policy Number ____ _
□
WARNI
any pers
of Califo
San Cle
all claim

COVERAG

CRIMINAL P
DOLLARS ($10 ,

DAMAGES AS PR

INTEREST, AND AT
55452.01100\31193624.5
reement, I shall not employ
orkers' compensation laws
hold harmless the City of
ees, a , ents from and against any and
ersonal injury or death, economic losses,
re to provide such worker's compensation
come subject to the workers'
e Labor Code, I shall forthwith comply
•- WORKERS' COMPENSATION

AND - HALL SUBJECT AN EMPLOYER TO

CIVIL FINES UP TO ONE HUNDRED THOUSAND

DITION TO THE COST OF COMPENSATION,
OR IN SECTION 3706 OF THE LABOR CODE,
EY'S FEES.
4-5-22 I 6K-39
Dated: _________ _, 20 __
Consultant
By:

Title
Address
55452.01100\31193624.5
4-5-22 I 6K-40
Agenda Item (QL
Approvals:

AGENDA REPORT p City Manager (J; ,./f'.·t·
ii) Dept. Head v
Department:

Prepared By:

Subject:

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: April 5, 2022
City Manager
Jennifer Savage, Assistant to the City Manager
Attorney CQ:

Finance C:filf /'

APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH STAN OFTELIE FOR

TRANSPORTATION ADVISORY SERVICES
Fiscal Impact: Yes, $60,000 for a one-year agreement funded from account #001-203-43690.

Summary: The City strives to stay informed of local and regional transportation activities and projects. In addition, consistent with the General Plan, the City coordinates transportation planning with regional agencies. The City does not have adequate staff resources or expertise to effectively meet these needs. To meet the demand to manage, educate, and communication with local and regional transportation organizations, including Orange County Transportation Authority (OCTA), California Department of Transportation (Caltrans), and the railroads, staff recommends City Council approve Professional Consultant Services Agreement with Stan Oftelie for transportation advocacy services.

Plan and Pa/icy
Consistency: Approval of transportation advocacy services would be consistent with the General Plan, including the goals and policies listed below, in that transportation advocacy services would support the City to effectively collaborate with regional transportation organizations through information and notification of actions of regional transportation organizations, including OCTA, Caltrans, and railroads. • Goal: Coordinate transportation planning with property owners, businesses and other affected agencies, such as the County of Orange, Orange County Transportation Authority, California Department of Transportation and the State of California Parks and Recreation Agency.
• Policy M-1.10. Regional Coordination. We participate in the planning of regional transportation improvements, such as interchange improvements along Interstate 5 (1-5) and other major freeway and arterial improvements. The City supports the extension of an HOV lane on 1-5 south to the San Diego County border. • Policy M-2.20 Regional Bicycle and Pedestrian Coordination. We coordinate regional trail and bicycle planning, acquisition and development efforts with adjacent jurisdictions.
• Goal: To be a City that collaborates with neighboring jurisdictions and agencies to address common issues, maintain environmental quality, and meet San Clemente's long-range goals.
• Policy GM-2.01. Timely Provision of Infrastructure and Services. We diligently monitor, influence, and respond as necessary to land planning and development activities outside the City to ensure that land development provides timely and City Manager's Agenda Report 4-5-22 I 6L-1
Agenda Report
· Recommended
Page2
adequate transportation facilities (streets, highways, transit, etc.), wastewater collection and treatment, water supply, electrical, natural gas, telecommunications, solid waste disposal, storm drainage, other public infrastructure, public safety and public services (governmental administrative and capital, police, fire, recreational, cultural, etc.).
• Policy G-3.07. Staying Current. The City will follow best practices in the use of communication and information technology to inform and engage the community and will conduct City business in a timely manner.

Action: STAFF RECOMMENDS THAT the City Council approve and authorize the City Manager to sign and execute a Professional Services Agreement with Stan Oftelie for one one-year term.

Attachments: Draft Professional Services Agreement with Stan Oftelie for transportation advisory services.

Notification: None
4-5-22 I 6L-2

CITY OF SAN CLEMENTE

PROFESSIONAL CONSUL TANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _ day of __ , 2022, by and between the City of San Clemente, a municip;:il corporation, organized under the laws of the State of California, with its principal place of business at 91 O Calle Negocio , San Clemente, California, 92673 ("City") and The Ofteli_e Company, a Sole Proprietor, with its principal place of business at 147 S Orange Hill Lane ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and
professional Transportation Advisory cons
conditions set forth in this Agreement. Consu
professional Transportation Advisory consulti
e provision of certain
ity on the terms and
need in providing
licensed in the
State of California, if applicable, an miliar with

2.2 Project.

City desires to en
consulting services as

3. TERMS.
the C
necess
services (
and incorpo
accordance wi
reference, and all
al Transportation Advisory
sultant promises and agrees to furnish to
quipme , rvices, and incidental and customary work
the professional Transportation Advisory consulting
re particularly described in Exhibit "A" attached hereto rence. II Services shall be subject to, and performed in the exhibits attached hereto and incorporated herein by state and federal laws, rules and regulations.
term of this Agreement shall be from [ , 2022] to [ __
_ ,, 2023], unless earlier ated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor: Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on 1 55452.01100\31193624.5
4-5-22 I 6L-3
behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall 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.

3.2.2 Schedule of Services. Consultant shall p
within the term of this Agreement, and in accordance with t Exhibit "B" attached hereto and incorporated herein by r has the professional and technical personnel required
with such conditions. In order to facilitate Consultant' respond to Consultant's submittals in a timely
provide a more detailed schedule of anticipated

3.2.3 Endorsement on PS&
specifications, estimates (PS&E) and engine
appropriate will indicate Consultant's authorized s1

3.2.4 Conformance
Consultant shall be subject to the ap
rform the Services expeditiously,
edule of Services set forth in
. Consultant represents that it
the Services in conformance
e with the Schedule, City shall
est of City, Consultant shall
e Schedule of Services.
hall sign all plans,
ltant, and where
ration number.

3.2.5 Su
certain key personnel ·
one or more of sue
of at least equal com
cannot agree as to th
Agreement se.

Services
uncoo
threat
Consulta
as represented to City that
r this Agreement. Should
may substitute other personnel
f City. In e event that City and Consultant
nel, City shall be entitled to terminate this
rsonnel who fail or refuse to perform the
ho are determined by the City to be
e or timely completion of the Project or a
erty, sha e promptly removed from the Project by the
key personnel for performance of this Agreement are
as follows: '·.
sentative. The City hereby designates [Erik Sund, City
Manager], or his act as its representative in all matters pertaining to the administration and of this Agreement ("City's Representative"). City's Representative shall ha wer to act on behalf of the City for review and approval of all products submitted by Co tant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be • authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2. 7 Consultant's Representative. Consultant hereby designates [Stanley Oftelie], or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's 2 55452.01100\31193624.5
4-5-22 I 6L-4
• '
' i
Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the • . satisfactory coordination of all portions of the Services under this Agreement.

3.2.8 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.2.9 Standard of Care: Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in t e same discipline in the State of California. Consultant represents and maintains that it is • ed in the professional calling necessary to perform the Services. Consultant warrants employees and subconsultants shall have sufficient skill and experience to perform t • es assigned to them. Finally, Consultant represents that it, its employees ·and ts have all licenses, permits, qualifications and approvals of whatever nature th ·red to perform the Services, and that such licenses and approvals shall be term of this Agreement.

As provided for in the indemnification provisi ultant shall perform, at its own cost and expense and without reimb rvices necessary to correct errors or omissions which are cause comply with the standard of care provided for herein. Any employ onsultants who is determined by the City to be un ative, inco a threat to the a uate or timely completion of the Project, a threat t of perso roperty, or any employee who fails or refuses to perform the Services in eptable City, shall be promptly removed from the Project by the Consultant an -emp o perform any of the Services or to work on the Projec

3.2 compliance with
the perfor
give al
regul
to SU
there
empl
of this
with such
ep itself fully informed of and in
les and re ulations in any manner affecting
ding all Cal/OSHA requirements, am;:t shall
e liable for all violations of such laws and
erforms any work knowing it to be contrary
a be solely responsible for all costs arising
'ndemnif d hold City, its officials, directors, officers, nd harmless, pursuant to the indemnification provisions _ arising out of any failure or alleged failure to comply ultant shall execute and maintain its work so as to avoid injury or damage to any per y. In carrying out its Services, the Consultant shall at all times be in compliance with a le local, state and federal laws, rules and regulations, and shall exercise all necessary pre tions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be_ limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, tre11ching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.12 Insurance. Consultant agrees to procure and maintain, at Consultant's 3 55452.01100\31193624.5
4-5-22 / 6L-5
expense all insurance specified in Exhibit "C" attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed sixty thousand ($60,000) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as describ low, and if authorized, will be compensated at the rates and manner set forth in this Agr I

3.3.2 Payment of Compensation.
invoice which indicates work completed and hou • o
invoice shall describe the amount of Services p
hall submit to City a monthly
dered by Consultant. The
commencement date, or
the date of the invoice.
ay all non-disputed
he City shall give
·sputed fees set
since the start of the subsequent billing peri
City shall, within 30 days of receiving such i •
and approved charges thereon. If the City disp ·
written notice to Consultant within thirty (30) days
forth therein.

3.3.3 Reimburseme
expenses unless authorized in writing
request that Cons
is determined by
Parties did
Consul
from t
t shall not be reimbursed for any
• it "D" of this Agreement.
this Agreement, City may
a Work" means any work which
r comp n of the Project, but which the
ssary at the execution of this Agreement.
r, Extra Work without written authorization
In the e that this Agreement is renewed pursuant to
• "D" may be adjusted each year at the time of renewal
evailin Wa es. Consultant is aware of the requirements of 720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Secti 000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. "If" the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and "If" the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the • project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, · agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 4 55452.01100\31193624.5
4-5-22 I 6L-6

3.3.6.2 Registration. If the Services are being performed as part of an applicable "public works" or "maintenance" project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of l.ndustrial Relations ("DIR"). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to Services performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1 25.5 and 1771.1. 3:4 Accounting Records.

3.4.1 Maintenance and Inspection.
accurate records with respect to all costs and exp
records shall be clearly identifiable. Consultant
business hours to examine, audit, and make
documents created pursuant to this Agreeme
documents, proceedings, and activities relate
shall maintain complete and
er this Agreement. All such
tive of City during normal
records and any other
tion of all work, data,
of four (4) years
from the date of final payment under this Agreeme,

3.5 3.5.1
Consultant, termina
by giving written n
thereof, at least seven
Consultant
to City,
this A
provided h
Data and oth
of Services und
other information
ay, by written notice to
any time, with or without cause,
ination, d specifying the. effective date
ate of such termination. Upon termination,
ices which have been adequately rendered
pensation. Consultant may not terminate
· f Termination. If this Agreement is terminated as
t to provide all finished or unfinished Documents. and
"nd pr red by Consultant in connection with the performance Consultant shall be required to provide. such document and days of the request.
dditional Services. In the event this Agreement is terminated in whole or in part as provI herein, City may procure, upon such terms and in ·such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant:
55452.01100\31193624.5
The Oftelie Company
147 S Orange Hill Lane
Anaheim, CA 92807
A TIN: Stanley Oftelie
5 4-5-22 / 6L-7
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
A TIN: ERIK SUND, CITY MANAGER
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after d_eposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice _shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiali

3.5.3.1 Documents & Data· Lie
Agreement creates a non-exclusive and perpetual licen
sublicense any and all copyrights, designs, and oth
specifications, studies, drawings, estimates, and o
any tangible medium of expression, includin
magnetically or otherwise recorded on com
prepared by Consultant under this Agreemen
subconsultants to agree in writing that City is
any Documents & Data the subconsultant prepare
and warrants that Consultant has gal right t
Consultant makes no such represe, d warra
were prepared by design profession n Cons
City. City shall not be limited in any wa e Do
that any such use not wi -• purpose • Ag
f Intellectual Pro ert . This
to copy, use, modify, reuse, or
property embodied in plans,
works of authorship fixed in
ysical drawings or data
pared or caused to be
ltant shall require all
petual license for
ant represents
any and all D ents & Data.
gard to Documents & Data which
or provided to Consultant by the
ts & Data at any time, provided
t shall be at City's sole risk.
procedures, drawin
information, and oth
connection perf
material out ·
purpo
any p
furnishe
oranda, specifications, plans,
a, input record data, written
created by or provided to Consultant in
all be held confidential by Consultant. Such
• of City, be used by Consultant for any
. Nor shall such materials be oisclosed to
the pe ance of the Services or the Project. Nothing
• e known to Consultant or is generally known, or has
become kn ,
City's name o
the Project in a
similar medium wit
I be deemed confidential. Consultant shall not use
hs of t Project, or any publicity pertaining to the Services or e paper, newspaper, television or radio production or other itten consent of City.
·onfidential Information. The City shall refrain from releasing Consultant's proprietary i ation ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss; cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal 6 55452.01100\31193624.5
4-5-22 I 6L:-8
action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.5.4 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attomey's fees and all other costs of such action.

3.5.6 Indemnification.
3 .. 5.6.1 To the fullest extent law, Consultant shall defend . directors, officials, officers,
claims, demands, causes
w or equity, to property
to, or incident to any
officials, officers,
(with counsel of City's choosing), indemnify and I
employees, volunteers and agents free and ha
of action, costs, expenses, liability, loss, dam
or persons, including wrongful death, in any
alleged acts, errors or omissions, or willful
employees, subcontractors, consultants or agen
Consultant's Services, the Project Agreemen ,
rmance of the
without limitatr he payment of
and other related costs and
stricted to insurance proceeds, if
all damages, expert witness f attorney'
expenses. Consultant's obligation to hall not
any, received by Consultant, the City, i es, agents, or volunteers. harmless arises
defined under Ci
section 2
limited
misc·
comp
exce
parties with
understandings
parties.
.. d, indemnify, and/or hold
professional" (as that term is
only to e extent required by Civil Code
nsultant's indemnification obligation shall be
to the negligence, recklessness, or willful
btaining a final adjudication by a court of
aim, including the cost to defend, shall not
f fault.
is Agreement contains the entire Agreement of the
·ect m er hereof, and supersedes all prior negotiations, is Agreement may only be modified by a writing signed by both

3.5.8 Law. This Agreement shall be governed by the laws of the State . of California. Venue shall UtMn Orange County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
7 55452.01100\31193624.5
4-5-22 I 6L-9

3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted • assignment, hypothecation or transfer.

3.5.13 Construction: References: Captions. Since the.Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant inc.lude all personne.l, emplo ees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreeme II references to City include its elected officials, officers, employees, agents, and volunte pt as otherwise specified in this Agreement. The captions of the various articles and are for convenience and ease of reference only, and do not define, limit, augment, e scope, content, or intent of this Agreement.

3.5.14 Amendment· Modificaf
this Agreement shall be binding unless exec
tion, or amendment of
th Parties.

3.5.15 Waiver. N • r of any other
default or breach, whether of t aiver, benefit,
privilege, or service voluntarily
contractual rights by custom, est

3.5.1 beneficiaries of an

3.5 illegal, or o •
shall co •
emplo
for Con
paid nor h
solely for Con
contingent upon
of this warranty, C1 •
give her Party any
no intended third party
greement is declared invalid,
tion, the remaining provisions
t maintains and warrants that it has not
r person, er than a bona fide employee working solely
reement. Further, Consultant warrants that it has not
com or person, other than a bona fide employee working
missio , percentage·, brokerage fee, gift or other consideration e award or making of this Agreement. For breach or violation right to rescind this Agreement without liability. For the term of this Agreement, n - icer or employee of City, during the term of his or her service with City, shall have an
material benefit arising the
nterest in this Agreement, or obtain any present or anticipated ·om.

3.5.19 Equal Opportunity Employment. Consultant represents that it is an equa! opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or . termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinaft~r enacted. •
8 55452.01100\31193624.5
4-5-22 / 6L-10

3.5.20 Labor Certification: By its signature hereunder, Consultantcertifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against_ liability for Worker's Compensation or to undertake self:-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.21 Authority to Enter Agreement. Consultant has all requisite. power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.22 Counterparts.
which shall constitute an original.

3.6 Subcontracting.

3.6.1 Prior Approval Required.
the work required by this Agreement, exce
approval of City. Subcontracts, if any, sh
provisions stipulated in this Agreement.
9 55452.01100\31193624.5
ned in counterparts, each of
ubcontract any portion of
·n, without prior written
them subject to all
4-5-22 / 6L-11
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

ATTEST:

CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

BEST BEST & KRIEGER
City Attorney

APPROVED AS T
OF FUNDING:
55452.01100\31193624.5
10 CITY OF SAN CLEMENTE
By: ____________ _
______ _,20
("CONSULTANT")
By: Stanley Oftelie
Its: Principal
Dated: ______ _, 20 __
4-5-22 I 6L-12
55452.01100\31193624.5
EXHIBIT "A"

SCOPE OF SERVICES
Transportation Advisory Services
11 4-5-22 / 6L-13
55452.01100\31193624.5
EXHIBIT 11811

SCHEDULE OF SERVICES

AS NEEDED AND AT LEAST MONTHLY UPDATES
12 4-5-22 / 6L-14
EXHIBIT "C"

INSURANCE REQUIREMENTS

3.2.12 Insurance.

3.2.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has securec! all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be· performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) A~toniobile Liability Insurance:· • Auto~obile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbof 1 ), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. • (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant's profession with limits of not less than $1,000,000 per claim. Covered. professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or ( 4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial"General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endor ents providing the exact same coverage) to effectuate this requirement.
(2) Cancella •
be canceled or the coverage reduced until a thirty (30
served upon the City exceptten (10) days shall b
·red insurance policies shall not
otice of cancellation has been
ment of premium.
(B)
be canceled or the coverage reduce
served upon the City except ten (1 •
olicies shall not
ation has been
canceled or the cove
served upon the Cit

3.2.12.4 nee policies shall not be
ce of cancellation has been
n-payment of premium.
bility Exclusion Deleted: This insurance
ement. The policy must "pay on behalf of'
urer's duty to defend.
lation: Required insurance policies shall not be
until a hirty (30) day written notice of cancellation has been ) days shall be allowed for non-payment of premium.
imar and Non-Contributin Insurance. All policies of
d Automobile Liability insurance shall be primary ahd any other • insurance, deductible, or s -insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance 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 the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
55452.01100\31193624.5
4-5-22 I 6L-16

3.2.12.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision o dorsement that has not been submitted to the City for approval. The certificates and en ents for each insurance policy shall be signed by a person authorized by that insurer verage on its behalf. At least fifteen (15 days) prior to the expiration of any such nee of insurance showing that such ·insurance coverage has been renewed or e t filed with the City. If such coverage is cancelled or reduced and not repla s to avoid a lapse in the required coverage, Consultant shall, within te f written notice of such cancellation or reduction of coverage, file wi nee showing that the required insurance has been reinstated or has • surance company or companies.

3.2.12.1 insurance required under this A
and not replaced immediately
but not the duty to ob • •
promptly reimburs
Consultant paym
compan
trans
throu
fede
Consultant a
Consultant of n •
nor does it waive
e. In the even any policy of
hese specifications or is canceletj
·red coverage, City has the right
premium paid by City will be
i 1cient to pay premium from
reement effective upon notice.
urers: Each such policy shall be from a
ting of no less than A- VII and authorized to
·a, or otherwise allowed to place insurance
s of the California Insurance Code or any
Enfo ent of A reement Provisions non esto el .
es thEIUctual or alleged failure on the part of the City to inform any requirement imposes no additional obligation on the City der.
e uirements Not Limitin . Requirement of specific coverage or minimum limits contain his Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's :policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and 55452.01100\31193624.5
4-5-22 / 6L-17
volunteers as additional insureds • using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow. any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant's compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
55452.01100\31193624.5 4-5-22 / 6L-18
55452.01100\31193624.5
EXHIBIT "D"

COMPENSATION
$5,000 per month
4-5-22 / 6L-19

WORKER'S COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent fro
to self-insure for workers' compensation, as pro • •
Code, for the performance of the work to be R
California Labor Commission
r by Section 3700 of the Labor
nder this contract.
[J I have and will maintain workers' comp
3700 of the Labor Code, for the perf
contract. My workers' compensatio,
required by Section
rformed under this
umber are:

Policy Number ____ _
D
WARNI
any pers
of Califo
San Cle
all claim

COVERAG

CRIMINAL P
DOLLARS ($10 ,

DAMAGES AS PR

INTEREST, AND AT
55452.01100\31193624.5
reement, I shall not employ .
orkers' compensation laws
hold harmless the City of
es, a ents from and against any and
ersonal injury or death, economic losses,
re to provide such worker's compensation
come subject to the workers'
e LaborCode, I shallforthwith comply
• WORKERS' COMPENSATION

AND HALL SUBJECT AN EMPLOYER TO

CIVIL FINES UP TO ONE HUNDRED THOUSAND

DITION TO THE COST OF COMPENSATION,
OR IN SECTION 3706 OF THE LABOR CODE,
EY'S FEES.
4-5-22 I 6L-20
Dated: _________ _, 20 __
Consultant
By:

Title
Address
55452.01100\31193624.5
4-5-22 / 6L-21
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: April 5, 2022
City Manager
Jennifer Savage, Assistant to the City Manager
Agenda Item (OVY\
Approvals:

City Manager ~)
Dept. Head •
Attorney C:J"
Finance~

LETTERS OF SUPPORT FOR LEGISLA T/VE ACTIVITIES FOR THE CITY OF SAN CLEMENTE Fiscal Impact: None.

Summary: Request for City Council approval to issue letters of support for legislative activities related to e-bikes and surfing.

Background: On March 15, 2022, the City's legislative advocate provided an update of State level legislative activities for the City of San Clemente between December 2021 and February 2022, and presented proposed legislation that the City Council could conside.r supporting:

Bill Sub'ect Position
AB 1909 Friedman E-bikes on paths / licensin
AB 1946 Boerner Horvath) E-bike safet
AB 2177 Irwin
ACR 116 Nguyen California Surfing Day
Discussion: The attached letters of support would align with previous City Council discussion and/or direction.

Plan and Policy
• AB 1909 was revised to allow local control where a jurisdiction may prohibit the operation of any class of electric bicycle on a hiking or recreation trail. A letter of support and bill summary are provided as Attachment 1 . • AB 1946 would require statewide safety standards and training programs pertaining to e-bikes. A letter of support and bill summary are provided as Attachment 2.
• AB 2177 would establish criteria and an application process to designate an area of the coastline as a state surfing reserve. A letter of support and bill summary are provided as Attachment 3.
• ACR 116 would recognize September 20 as California Surfing Day. A letter of support and fact sheet are provided as Attachment 4.

Consistency: Supporting the subject legislation would be consistent with the General Plan goals and policies listed below in that the letters would support e-bike safety and surf culture in San Clemente.

City Manager's Agenda Report
4-5-22 I 6M-1
Agenda Report Page2
• Goal: Create a coastal visitor- and community serving that welcomes travelers and celebrates the City's surf history and ·culture and a vibrant, mix of shops, dwellings, services and public spaces easily accessed by pedestrians and bicyclists. • Policy LU-10.04. Beach Access. We preserve and enhance safe, convenient pedestrian, vehicle, and bicycle linkages to the shoreline for community and visitor access.
• Policy LU-14.04. Economic Development Strategies. We support economic strategies that capitalize on the Area's surf and active sports heritage and culture and on the Area's access to significant open space and recreation resources, pursuant to the City's overall Economic Development Strategy. • Goal: Create a comprehensive, multimodal transportation system that provides all users with safe connections to homes, commercial centers, job centers, schools, community centers, open spaces, creation areas and visitor destinations. • Policy M-2.29. Safety Awareness. We encourage and support the creation of comprehensive safety awareness programs for pedestrians, skateboarders, cyclists and drivers.
• Policy ED-3.04. Surfing Heritage. We recognize the value of our beaches, surfing and the surfing industry to the City's heritage and economy. We encourage the preservation and growth of this aspect of the City's cultural and economic fabric. • Policy PSFU-3.06. Surfing and Beach Cultures. We recognize and help support the work of artists anc::( organizations that promote, preserve and celebrate San Clemente's rich surfing history, culture and art.

Recommended .

Action: STAFF RECOMMENDS THAT the City Council approve issuance of the letters of support.

Attachments:

1. AB 1909 Letter of Support and Summary

2. AB 1946 Letter of Support and Summary

3. AB 2177 Letter of Support and Summary

4. ACR 116 Letter of Support and Fact Sheet
Notification: None
4-5-22 I 6M-2

OFFICE OF THE MAYOR

AND CITY COUNCIL
Gene James
Mayor
Chris Duncan
Mayor Pro Tem
Laura Ferguson
Steve Knoblock
Kathy Ward

CITY MANAGER
Erik Sund
910 Galle Negocio
San Clemente, CA 92673
Phone: (949) 361-8200
"The Spanish Village
by the Sea"
an
Clemente
CELEBRATING 90 YEARS OF INCORPORATION
April _, 2022
The Honorable Chris Holden
Chair
Assembly Appropriations Committee
1021 O Street, Suite 5650
P.O. Box 942849
Sacramento, CA 94249-0041
ATTACHMENT 1
RE: AB 1909 (Friedman) Vehicles: bicycle omnibus bill.

POSITION: Support
Dear Chair Holden:

On behalf of the City of San Clemente, I want to express our support for AB 1909.

Adoption of e-bikes increased by 145% from 2019-2020 in the United States. The City of San Clemente has similarly seen a dramatic increase in the adoption of ebikes over the past several years.

This measure, among other things, would remove the prohibition of class 3 electric bicycles on a bicycle path or trail, bikeway, bicycle lane, equestrian trail, or hiking or recreational trails and would instead authorize a local authority to prohibit the operation of any electric bicycle or any class of electric bicycle on an equestrian trail, or hiking or recreational trail. This provision provides the City of San Clemente, and other local agencies, the ability to manage the use of e-bikes within its jurisdiction in a manner that meets its needs and needs that may change over time. This measure also includes provisions that will increase rider s·afety.

For all of the above reasons we respectfully request your support of AB 1909.

Thank you for your consideration.

Sincerely,
Gene James
Mayor
City of San Clemente
cc: Members, Assembly Appropriations Committee
The Honorable Laura Freidman
The Honorable Pat Bates
The Honorable Laurie Davies
Members, San Clemente City Council
City Hall• 910 Calle Negocio, San Clemente CA 92673 • (949) 361-8200 • www.san-clemente.org 4-5-22 I 6M-3
Jay Dickenson, Chief Consultant, Assembly Appropriations Committee David Sforza, Assembly Transportation Committee
Aaron Kurz, Assembly Transportation Committee
Jim Metropulos, Office of Assemblymember Laura Friedman

Page 2 ends

San Clemente City CouncilApril 5, 2022

San Clemente City Council
April 5, 2022