Agenda packet, adjourned meeting, first session — San Clemente City Council, April 5, 2022 (part 1 of 3)

Agenda
APRIL 5, 2022 ADJOURNED REGULAR CITY COUNCIL MEETING AGENDA.PDF Meeting Materials
6A1 - CITY COUNCIL MINUTES 3-15-22.PDF
6B1 - PUBLIC SAFETY COMMITTEE MINUTES 08-24-21.PDF
6B2 - PUBLIC SAFETY COMMITTEE MINUTES 09-28-21.PDF
6B3 - PSC MINUTES 10-26-21.PDF
6B4 - PUBLIC SAFETY COMMITTEE MINUTES 11-23-21.PDF
6B5 - PUBLIC SAFETY COMMITTEE MINUTES 01-25-22.PDF
6C1 - WARRANT REGISTER PAID 3-18-22.PDF
6C2 - WARRANT REGISTER PAID 3-25-22.PDF
6C3 - WARRANT REGISTER PAID 4-1-22.PDF
6D - RESOLUTION STATING THAT THE CITY OF SAN CLEMENTE DOES NOT CONSENT TO THE STORAGE OF SPENT NUCLEA.PDF
6E - PROFESSIONAL SERVICES AGREEMENTS FOR AS NEEDED
MUNICIPAL UTILITIES CIVIL ENG DESIGN AND CONSTRU.PDF
6F - NOC FY 2020 FY 2021 FY 2022 PROJECT NOS 20305 21303 12302 22304.PDF
6G - NOC FOR THE BUILDING N REPAIRS AND UPGRADESPROJECT NO 21206 21406.PDF
6H - APPROVAL OF PSA WITH OCEAN BLUE ENVIROMENTAL SERVICES FOR ENVIRONMENTAL ON CALL SERVIVCES.PDF
6I - APROVAL OF PSA WITH PETER AND ASSOCIATES FOR GEOTECHNICAL DESIGN SERVICES RELATED TO SLOPE REHAB .PDF
6J - RATIFICATION OF EMERGENCY PURCHASES CONTRACT WITH
OCONNEL ENG FOR PROJECT NOS 12004 AND 12210.PDF
6K - PSA WITH MIG AND TRIPEPI SMITH FOR ONCALL COMMUNICATIONS GRAPHIC DESIGN AND PUBLIC RELATIONS.PDF
6L - PSA WITH SAN OFTELIE FOR TRANSPORTATION ADVISORY
SERVICES.PDF
6M - LETTERS OF SUPPORT FOR LEGISLATIVE ACTIVITIES FOR THE CITY OF SAN CLEMENTE.PDF
6N - ACCEPTANCE OF SENSORY PANEL DONATION FOR THE COURTNEYS SANDCASTLE PLAYGROUND AND MURAL.PDF
6O - CONSIDERATION OF PUBLIC MURALS AT END OF PIER CONCESSION FACILTY.PDF
9A - WEST COAST ARBORISTS PERFORMANCESAFETY EVALUATION.PDF 9B - ADOPT ORDINANCE AMENDING CHAPTER 828 SOLID WASTE
MANAGEMENT REPEALING CHAPTER 868.PDF
9C - CONSIDERATION OF AN ORDINANCE ADDING CHAPTER 814 TO THE SAN CLEMENTE MUNICIPAL CODE REGARDING MI.PDF
9D - MEMORIAL DONATION - DON HANSEN.PDF

1. Documents:

2. Documents:

CITY OF SAN CLEMENTE

ADJOURNED

REGULAR CITY COUNCIL

MEETING AGENDA
San Clemente Community Center Auditorium April 5, 2022
100 N. Calle Seville 4:00 p.m. – Long Term
San Clemente, California Financial Plan Workshop
www.san-clemente.org 6:00 p.m. – Business Meeting
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

RULES FOR ADDRESSING COUNCIL
• Members of the public may address the City Council on matters within the jurisdiction of the City of San Clemente.
• If you wish to address Council, please complete one of the blue speaker cards located at the entrance to the Community Center Auditorium and submit it to the City Clerk or Deputy City Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address Council during the time that Council is considering that particular agenda item. Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the “Oral Communications” portion of the meeting. • When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Please limit your presentation to three minutes.

Adjourned Regular City Council Meeting Agenda of April 5, 2022 Page 2 Long Term Financial Plan Workshop (LTFP) (4:00 P.M.)
A. FY 2021-22 2nd Quarter Financial Update Pages A-1 through A-4 Report from the Financial Services Officer concerning the FY 2021-22 2nd Quarter Report.

B. Long Term Financial Plan Presentation
Report from the Financial Services Officer concerning the presentation of the 2022 the Long Term Financial Plan.

Staff Recommendation
City Financial Reporting Overview

1. Staff is seeking Council direction as to the creation of an endowment.

Financial Trend Analysis

1. None
Financial Forecast

1. Direct Staff to increase the annual Capital Improvement Project - Maintenance Project amount of $250,000 to $300,000, depending on the availability of General Fund operating position.

2. Utilize American Rescue Plan grants to fund $800,000 for public safety. This amount will fund portions of the Police Services Contract attributable to body cameras, the Orange County Fire Authority Contract for the additional cost of a 4th firefighter/paramedic and to fund a portion of the Community Outreach Worker position for the purpose of performing street outreach and case management to individuals and families who are experiencing homelessness within the City of San Clemente.

Staff Recommendation Continued on Next Page

MISSION STATEMENT
The City of San Clemente, in partnership with the community we serve, will foster a tradition dedicated to:

Maintaining a safe, healthy atmosphere in which to live, work and play; Guiding development to ensure responsible growth while preserving and enhancing our village character, unique environment and natural amenities; Providing for the City’s long-term stability through promotion of economic vitality and diversity…
Resulting in a balanced community committed to protecting what is valued today while meeting tomorrow’s needs.

Adjourned Regular City Council Meeting Agenda of April 5, 2022 Page 3 Reserve Analysis

1. Transfer an annual amount of $400,000 from the General Fund to the Facilities Maintenance reserve in FY 2022-23.

2. Transfer a one-time amount of $1.5 million from the Water Operating Reserve in FY 2022-23 to the Water Depreciation Reserve to fund future capital replacement in the Water Depreciation Reserve.

3. Transfer a one-time amount of $100,000 in FY 2022-23 to fund the Accrued Leave Reserve.

Fiscal Policy

1. None.

Pension Update

1. Authorize staff to contract with Chandler Asset Management to update the existing City of San Clemente Pension Investment Policy (Policy # 202-2). This item will be agendized for City Council consideration at a future date.

2. Direct Staff to continue to pursue the creation of the Section 115 plan and to request funding for the trust when land sale proceeds become available or when one-time resources are available.

BUSINESS MEETING (6:00 P.M.)

CALL TO ORDER
INVOCATION –Pastor Mark Ambrose: Pacific Coast Church, San Clemente

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations.

A. Update on Homeless Issue (March Update to be provided at the April 19 meeting)

2. Oral Communications (Part 1). Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. Speakers may address Council once during either Oral Communications Part 1 or Part 2. A total time limitation of 30 minutes is allocated for Oral Communications Part 1, with each speaker being allotted 3 minutes in which to give his or her presentation. Speaker order is determined by the order in which speaker cards are provided to the City Clerk or Deputy City Clerk at the meeting. Speakers that cannot be accommodated during Oral Communications Part 1 will be invited to address Council during Oral Communications Part 2, which appears on this agenda as Item No. 10. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Subject to very limited exceptions, Council is not permitted to discuss or take action on items that do not appear on the agenda.

Adjourned Regular City Council Meeting Agenda of April 5, 2022 Page 4

3. Motion waiving reading in full of all Resolutions and Ordinances.

4. Consideration of agendizing items requiring immediate action. Any items agendized will be considered under New Business, unless otherwise determined by a majority vote of the City Council.

5. Closed Session Report - City Attorney.

6. Consent Calendar. All items listed on the Consent Calendar are considered to be routine and will be enacted by one motion without discussion unless Council, Staff, or the public requests removal of an item for separate discussion and action.

A. City Council Minutes
Staff Recommendation
(1) Approve the minutes of the Regular City Council meeting of March 15, 2022.

B. Commission/Committee Minutes
Receive and file:
(1) Approve the minutes of the Regular Public Safety Committee meeting of August 24, 2021.
(2) Approve the minutes of the Regular Public Safety Committee meeting of September 28, 2021.
(3) Approve the minutes of the Regular Public Safety Committee meeting of October 26, 2021.
(4) Approve the minutes of the Regular Public Safety Committee meeting of November 23, 2021
(5) Approve the minutes of the Regular Public Safety Committee meeting of January 25, 2022.

C. Warrant Register
Approve Wire Transfer Nos.
2617 through 2618 and Warrant Nos.
579568 through 579729, paid on
3-18-22, in the amount of…….……….……..…..…….…..……..$1,387,045.01 Adjourned Regular City Council Meeting Agenda of April 5, 2022 Page 5 Approve Wire Transfer Nos.
2619 through 2622 and Warrant Nos.
579730 through 579859, paid on
3-25-22, in the amount of…….……….……..…..…….…..……..$1,071,766.05 Approve Wire Transfer Nos.
2623 through 2624 and Warrant Nos.
579860 through 580018, paid on
4-1-22, in the amount of…….……….……..…..…….…..……..$ 1,100,199.22 TOTAL WARRANT REGISTER……..……. $ 3,559,010.28

Payroll Register
Warrant No. 861,
Automatic Deposit Advises 77318
through 77566, for the period
3-7-22 through 3-20-22, paid
on 3-25-22, in the amount of………..……..…..………….………$ 418,574.59 TOTAL PAYROLL REGISTER….…….…. $ 418,574.59
D. Resolution Affirming the City’s Position on the Storage of Spent Nuclear Fuel at San Onofre Nuclear Generation Station (SONGS) (Agendized at the March 1, 2022 City Council Meeting by Mayor Pro Tem Duncan, with the support of Mayor James and Councilmember Ward.) Pages 6D-1 through 6D-3
Staff Recommendation
Adopt Resolution No. 22-11 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AFFIRMING

THAT THE CITY OF SAN CLEMENTE DOES NOT CONSENT TO THE

STORAGE OF SPENT NUCLEAR FUEL AT THE SAN ONOFRE NUCLEAR GENERATING STATION OR IN THE CITY OF SAN CLEMENTE.

E. Contract Award - As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services Pages 6E-1 through 6E-115 Staff Recommendation

1. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-11, by and between the City of San Clemente and PACE, providing for As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services.

Staff Recommendation continued on following page
Adjourned Regular City Council Meeting Agenda of April 5, 2022 Page 6

2. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-12, by and between the City of San Clemente and AKM Consulting Group, providing for As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services.

3. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-13, by and between the City of San Clemente and Lee & Ro, providing for As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services.

4. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-14, by and between the City of San Clemente and Dudek, providing for As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services.

5. Approve, and authorize the Public Works Director/City Engineer to sign and execute, Contract No. C22-15, by and between the City of San Clemente and Hoch Consulting, providing for As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services.

6. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-16, by and between the City of San Clemente and Project Partners, providing for As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services.

7. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-17, by and between the City of San Clemente and PDM Consulting, providing for As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services.

8. Approve, and authorize the Public Works Director/City Engineer to execute, As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services task authorizations under the approved master agreements, not to exceed $300,000 total per fiscal year for each consultant agreement, and provided funds are available in prior City Council approved project budgets.

Adjourned Regular City Council Meeting Agenda of April 5, 2022 Page 7 F. Notice of Completion – FY2020 Major Street Maintenance, FY 2021 Slurry Seal Program, FY 2022 Arterial Street Pavement Maintenance Program, and FY 2022 Pavement Preservation Program Pages 6F-1 through 6F-4
Staff Recommendation

1. Accept the FY 2020 Major Street Maintenance, FY 2021 Slurry Seal Program, FY 2022 Arterial Street Pavement Maintenance Program, and FY 2022 Pavement Preservation Program, from the contractor, All American Asphalt, Project Nos. 20305, 21303, 12302 and 22304.

2. Authorize the Public Works Director/City Engineer to execute and record, the Notice of Completion for FY 2020 Major Street Maintenance, FY 2021 Slurry Seal Program, FY 2022 Arterial Street Pavement Maintenance Program, and FY 2022 Pavement
Preservation Program.

3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the Contractor, All American Asphalt.

4. Authorize the City Clerk to release the Performance Bond upon receipt of a Warranty Bond in the amount of 25% if the construction cost.

G. Notice of Completion – Building “N” Repairs and Upgrades Pages 6G1 through 6G-6 Staff Recommendation

1. Accept the Building “N” Repairs and Upgrades from the contractor Thomas Solar Energy, Project Nos. 21206 and 21406.

2. Authorize the Public Works Director/City Engineer to execute and record, the Notice of Completion for Building “N” Repairs and Upgrades.

Adjourned Regular City Council Meeting Agenda of April 5, 2022 Page 8 H. Contract Award – Environmental On-Call Services – Hazardous Waste Response, Cleanup, Removal, and Disposal Pages 6H-1 through 6H-65 Staff Recommendation

1. Approve, and authorize the City Manager to execute, Contract No.

C22-18 by and between the City of San Clemente and Ocean Blue Environmental providing for On-Call Services for a three year period, for Hazardous Waste Response, Cleanup, Removal, and Disposal in the amount of $75,000.

2. Authorize the City Manager to approve two additional one-year terms based on funding for the services that is approved in the annual budget at the time the extensions are needed, for an amount not to exceed $30,000 per year.

I. Contract Amendment – Geotechnical Design Services Related to Slope Rehabilitation Adjacent to Linda Lane Pump Station Pages 6I-1 through 6I-92
Staff Recommendation
Approve and authorize the City Manager to execute, Amendment No. 2 to Contract C20-61, by and between the City of San Clemente and Peter and Associates, providing for geotechnical services for Slope Rehabilitation adjacent to Linda Lane Pump Station. This Amendment increases the contract from $155,111 to an amount not to exceed $242,000 (an increase of $87,000) and extends the contract term through June 30, 2023.

J. Contract Award – Ratification of Emergency Purchases and Contract for Cyprus Shores Pump Station Relocation. 6J-1 through 6J-13 Staff Recommendation

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 demand the immediate expenditure of public funds to safeguard public health.

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

Adjourned Regular City Council Meeting Agenda of April 5, 2022 Page 9

4. Approve a supplemental appropriation in the amount of $40,000 to Account No. 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. (Contract No. 21-42).

7. Approve, and authorize the City Manager to execute, Amendment No. 1 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), and extends the term of the contract to January 31, 2023.

K. Contract Award – On-Call Communications, Graphic Design and Public Relations 6K-1 through 6K-40
Staff Recommendation

1. Approve, and authorize the City Manager to execute, Contract No.

C22-19, by and between the City of San Clemente and MIG, Inc. providing for on-call communications, graphic design, and public relations services, in the amount of $49,000 and authorize the City Manager to approve one additional one-year term and additional expenditure of $49,000.

2. Approve, and authorize the City Manager to execute, Contract No.

C22-20, by and between the City of San Clemente and Tripepi Smith, proving for for on-call communications, graphic design, and public relations services, in the amount of $75,000 and authorize the City Manager to approve one additional one-year term and additional expenditure of $75,000.

L. Contract Award –Transportation Advisory Services Pages 6L-1 through 6L-21

Staff Recommendation
Approve, and authorize the City Manager to execute, Contract No. C22-21, by and between the City of San Clemente and Stan Oftelie, providing for Transportation Advisory Services in the amount of $60,000.

Adjourned Regular City Council Meeting Agenda of April 5, 2022 Page 10 M. Letters of Support for Legislative Activities Pages 6M-1 through 6M-25 Staff Recommendation

1. Approve, and authorize the Mayor to execute, a letter on behalf of the City of San Clemente in support of AB 1909 (Friedman) – Vehicles: bicycle omnibus bill.

2. Approve, and authorize the Mayor to execute, a letter on behalf of the City of San Clemente in support of AB 1946 (Boerner Horvath) – Electric bicycles: safety and training program.

3. Approve, and authorize the Mayor to execute, a letter on behalf of the City of San Clemente in support of AB 2177 (Irwin) – Coastal recreation: designated state surfing reserves.

4. Approve, and authorize the Mayor to execute, a letter on behalf of the City of San Clemente in support of ACR 116 (Nguyen) – California Surfing Day.

N. Acceptance of Sensory Panel Donation for Courtney’s SandCastle Playground and Approval of Tile Mural Installation in Sensory Garden from Courtney’s SandCastle Foundation Pages 6N-1 through 6N-10 Staff Recommendation

Approve the installation of a tile mural in Courtney’s SandCastle Playground Sensory Garden and accept a donation of four sensory panels for the playground.

O. Public Mural at End of Pier Concession Facility Pages 6O-1 through 6O12 Staff and the Beaches, Parks and Recreation Commission Recommendation Approve the installation and design of two public art murals on the end of the pier concession building.

7. Public Hearings. The Public Hearing process includes a staff presentation, a presentation by the applicant not to exceed ten (10) minutes, and public testimony (not to exceed three minutes per speaker). Following closure of the Public Hearing, the City Council will respond to questions raised during the hearing, discuss the issues, and act upon the matter by motion.

None.

Adjourned Regular City Council Meeting Agenda of April 5, 2022 Page 11

8. Unfinished Business.

None.

9. New Business.

A. West Coast Arborist Performance Evaluation (Agendized at the February 15, 2022 City Council Meeting by Mayor James, with support of Mayor Pro Tem Duncan and Council Member Ward) Page 9A-1
Report from the Public Works Director/City Engineer concerning an update on West Coast Arborist.

Staff Recommendation
Receive and file the Administrative Report, dated April 5, 2022, and on file with the City Clerk.

B. Code Amendment – Solid Waste Management Pages 9B-1 through 9B33 Report from the Utilities Director concerning the possibility of adopting an Ordinance to amend the Code of the City of San Clemente relating to Solid Waste Reduction and Recycling.

Staff Recommendation
Introduce Ordinance No. 1728 entitled AN ORDINANCE OF THE CITY

COUNCIL OF CITY OF SAN CLEMENTE, CALIFORNIA AMENDING
CHAPTER 8.28 OF TITLE 8 OF THE SAN CLEMENTE MUNICIPAL CODE

RELATING TO SOLID WASTE MANAGEMENT AND REPEALING
CHAPTER 8.68 OF TITLE 8 OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO SOLID WASTE REDUCTION AND RECYCLING.

C. Code Amendment - Minimum Staffing for Fire Emergency Response Vehicles (Agendized at the January 18, 2022 City Council Meeting by Mayor Pro Tem Duncan, with support of Mayor James and Councilmember Ward) Report from the City Manager concerning the possibility of adopting an Ordinance to amend the Code of the City of San Clemente relating to minimum staffing for fire emergency response.

Staff Recommendation on following page
Adjourned Regular City Council Meeting Agenda of April 5, 2022 Page 12 Staff Recommendation

1. Find that the Ordinance is not subject to the requirements of CEQA for the following reasons:
a. The Ordinance does not qualify as a “project” under CEQA and because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the
environment; and
b. The Ordinance is exempt under State CEQA Guidelines
Section 15061(b)(3), the general rule exemption, because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment.

2. Introduce Ordinance No. 1729 entitled AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
ADDING CHAPTER 8.14 TO THE SAN CLEMENTE MUNICIPAL

CODE REGARDING MINIMUM STAFFING FOR FIRE

EMERGENCY RESPONSE VEHICLES AND FINDING THE

ORDINANCE NOT SUBJECT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

D. Memorial Donation - Don Hansen (Agendized at the March 1, 2022 City Council Meeting by Mayor James, with support of Councilmember Ferguson and Councilmember Ward) Pages 9D-1 through 9D-2
Report from Beaches, Parks, and Recreation Director concerning the placement of a memorial at the Pier.

Staff Recommendation
Approve a memorial pier rail cuff interpretive sign in memory of Don Hansen and a onetime supplemental appropriation in the amount of $1,300 to Beach Maintenance of Other Facilities Account No. 001-636-43470.

E. Memorial Bench Donation - Jim Dahl(Agendized at the March 15, 2022 City Council Meeting by Mayor James, with support of Mayor Pro Tem Duncan, Councilmember Knoblock and Councilmember Ward) Page 9E-1 Report from Beaches, Parks, and Recreation Director concerning the placement of a memorial at the Municipal Golf Course.

Staff Recommendation
Approve a bench installation at the San Clemente Municipal Golf Course in honor of former Mayor and Councilmember Jim Dahl and a onetime supplemental appropriation in the amount of $2,500 to WB/C.A.R.E Program Account No. 001-000-21563
Adjourned Regular City Council Meeting Agenda of April 5, 2022 Page 13 F. Resolution Supporting and End to the Covid-19 State of Emergency and Calling upon the California Legislature to Revoke the Governor’s Emergency Powers (Agendized at the March 15, 2022 City Council Meeting by Mayor James, with support of Councilmember Knoblock) Pages 9F-1 through 9F-6

10. Oral Communications (Part 2). Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation, not to exceed three minutes. Subject to very limited exceptions, Council is not permitted to discuss or take action on items that do not appear on the agenda.

11. Reports.

A. Commissions and Committees
B. City Manager
• Update on the Beach Trail Bridges and T-Street Bridge.

C. City Attorney
D. Council Members
E. Council Subcommittee Updates

12. Resolutions/Ordinances.

A. Ordinance No. 1727 (Second Reading) – Zoning Amendment for Temporary Outdoor Dining and Parklets Pages 12A-1 through 12A-11 Staff Recommendation
Adopt Ordinance No. 1727 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 17.28.206 OF THE SAN CLEMENTE MUNICIPAL CODE,

REGULATING TEMPORARY PARKLET DINING, WHICH ESTABLISHES

STANDARDS FOR OUTDOOR DINING AREAS AND SUNSETS ON
DECEMBER 31, 2023.

Adjourned Regular City Council Meeting Agenda of April 5, 2022 Page 14

13. Adjournment.

Adjourn to an Adjourned Regular Meeting to be held on April 12, 2022 at 4:00 p.m. for the purpose of conducting the Strategic Priorities Workshop. The meeting will take place at the Bella Collina Golf Club, located at 200 Avenida La Pata, San Clemente.

Items to be Considered at a Future Meeting

Agenda Item Tentative Meeting Date
Bike Repair Ordinance April 19, 2022
Outlets Conditional Use Permit April 19, 2022
Adjourned Regular City Council Meeting Agenda of April 5, 2022 Page 15

CITY COUNCIL MEETING PROCEDURES

PRESENTATION OF WRITTEN MATERIALS TO COUNCIL
In order to ensure that Councilmembers have adequate time to consider written materials concerning agenda items, it is strongly recommended that such materials be submitted to the City Clerk by noon the date preceding the Council meeting.

MEETINGS RECORDED AND TELEVISED
City Council meetings are broadcast live and are replayed periodically on Cox Communications Local Access Channel 854. Meetings are also available for live-stream or post meeting viewing from the City’s website. Meetings are also recorded via audio CD and/or DVD and retained as a City record in accordance with the City’s records retention schedule.

USE OF ELECTRONIC VISUAL AIDS BY PUBLIC AT MEETINGS
To allow staff adequate time to confirm software compatibility, individuals wishing to utilize electronic visual aids to supplement their oral presentations at the meeting, must submit the electronic files to the City Clerk by no later than 12:00 p.m. on the day of the meeting. Only compatible electronic formats will be permitted to be used on City audio/visual computer equipment. Staff makes no guarantee that such material will be compatible, but will use its best efforts to accommodate the request.

LENGTH OF MEETINGS
At 11:00 p.m., the City Council will determine which of the remaining agenda items can be considered and acted upon at this meeting and will continue all other agenda items to a future meeting.

AMERICANS WITH DISABILITIES ACT
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (949) 361-8200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.

COMMUNICATION DEVICES
To minimize meeting distractions and sound system interference, please be sure all personal communication devices are turned off or on silent mode.

MEETING SCHEDULE
Regular Council Meetings are held on the first and third Tuesdays of each month in the Community Center Auditorium, located at 100 North Calle Seville, San Clemente. Closed Session items are considered at 5:00 p.m. and the Business Meeting begins at 6:00 p.m. Additional meetings of the City Council may be called as needed.

AGENDAS, ADMINISTRATIVE REPORTS AND SUPPLEMENTAL WRITTEN MATERIALS Agendas and Administrative Reports are available for review and/or copying at the City Clerk’s Department as soon as agendas are posted (a minimum of 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting).

Agendas and Administrative Reports can also be viewed at the San Clemente Library, located at 242 Avenida Del Mar, or by accessing the City’s website at www.san-clemente.org. An “Inspection Copy” of agenda materials is also located at the entrance to the Community Center during meetings for public review. All written material distributed to a majority of the Council after the original agenda packet was distributed is available for public inspection in the City Clerk’s Department, located at 910 Calle Negocio, San Clemente, during normal business hours.

The City Clerk’s Department offers an agenda packet subscription service free of charge. If you wish to receive email copies of City Council agendas, which include hyperlinks to staff reports and other back-up material, register at http://san-clemente.org/enotification.
4-5-22 I 6A(l)

CITY OF SAN CLEMENTE
City Council Minutes
Regular Meeting - March 15, 2022
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Regular Meeting of the San Clemente City Council was called to order by Mayor James on March 15, 2022 at 5:00 p.m. in the San Clemente Community Center Auditorium, located at 100 N. Calle Seville, San Clemente.

PRESENT
ABSENT

DUNCAN,KNOBLOCK,WARD,MAYORJAMES

FERGUSON
STAFF PRESENT Erik Sund, City Manager; Scott Smith, City Attorney; Joanne Baade, City Clerk; Laura Campagnolo, Legislative Administrator; Megan Jimenez, Deputy City Clerk
* * *

CLOSED SESSION

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM DUNCAN, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to recess to Closed Session at 5:01 p.m. to discuss the following:

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code section 54956.9(d)(1) Number of Cases: 2
Case Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency and County of Orange
Case Number: OCSC 30-2017-00934703-CU-PT-CXC
Case Name: Housing is a Human Right v. the County of Orange and City of San Clemente
Case Number: 30-2019-01098573-CU-WM-CJC
B. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code section 54956.9(d)(4) Number of potential cases: 1
Closed Session items continued on next page
4-5-22 I 6A( 1 )-1
City Council Minutes " Regular City Council Meeting of March 15, 2022 Page 2 C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957
Title: City Attorney

REGULAR BUSINESS MEETING
The Regular Business Meeting convened at 6:02 p.m., with all Councilmembers present, except Councilmember Ferguson who was absent.

PLEDGE OF ALLEGIANCE
Deputy City Clerk Jimenez led the Pledge of Allegiance.

1. SPECIAL PRESENTATIONS
A. Orange County Fire Authority (OCFA} Fuel Management and Natural Mitigation Hazard Update from Public Works
Juan Huerta, Senior Fire Inspector Specialist, OCFA Wildfire Prefire Section, narrated a PowerPoint p·resentation entitled "The Community Wildfire Mitigation Plan" and responded to Council inquiries. A hard copy of Mr. Huerta's presentation is on file with the City Clerk.

Mike {no last name provided) commented on fire mitigation setbacks as they relate to the ability to acquire and retain home insurance.

Public Works Director/City Engineer Koger provided an update on the City's Natural Hazard Mitigation Plan.

B. Update on Homeless Issue (February Update}
Deputy Community Development Director Atamian presented the City's Outreach and Engagement Report for the month of February 2022 and responded to Council inquiries. A hard copy of Mr. Atamian's report is on file with the City Clerk.

Jenifer Massey, San Clemente, commented on the need for shelter for the homeless population in San Clemente.

Martina {no last name provided} commented on homeless issues within the City and cost of the luncheon meeting to address homelessness that was held at the Ole Hanson Beach Club.
4-5-22 I 6A( 1 )-2
City Council Minutes - Regular City Council Meeting of March 15, 2022 Page3

2. C. Crime Survivors (Agendized at the March 1, 2022 City Council Meeting by Councilmember Ferguson, with the support of Mayor James.) Patricia Wenskunas, Founder and CEO of Crime Survivors, reviewed assistance and resources provided by Crime Survivors; invited Council and members of the public to participate in the upcoming Crime Survivors event in collaboration with the Orange County District Attorney on April 25, 2022 and the Superhero 5k run-walk health and safety expo on April 30, 2022 in Irvine.

A hard copy of the resource guide provided by Ms. Wenskunas is on file with the City Clerk.

ORAL COMMUNICATIONS (PART 1)
Councilmember Ethics
Martina {no last name provided) narrated a PowerPoint concerning Councilmember ethics. A hard copy of the presentation is on file with the City Clerk.

California Coastal Commission Grant
Susan Ambrose, San Clemente, commented on the City's receipt of a grant from the California Coastal Commission to help fund coastal resiliency strategies.

E-Bike Requirements
Jenifer Massey, San Clemente, suggested requirements for E-bikes.

Personal Private Information on City Website
Amanda Quintanilla voiced concern that public comments that include personal information is posted on the City's website.

Sand Replenishment
Mark McGuire, San Clemente, commented on Federal approval of the Sand Replenishment Program.

3. WAIVER TO READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES

MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY COUNCILMEMBER WARD, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to waive reading in full of all Resolutions and Ordinances.
4-5-22 I 6A( 1 )-3
City Council Minutes - Regular City Council Meeting of March 15, 2022 Page4

4. CONSIDERATION OF AGENDIZING ITEMS REQUIRING IMMEDIATE ACTION None.

5. CLOSED SESSION REPORT - CITY ATTORNEY

6. City Attorney Smith announced that Council took no reportable actions during this evening'.s Closed Session; advised that Council will return to Closed Session after the conclusion of the business meeting to consider Closed Session Item C.

CONSENT CALENDAR

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY COUNCILMEMBER WARD, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENn, to approve the Consent Calendar.

A. City Council Minutes
B.

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER WARD, CARRIED 4-0 (COUNCILMEMBER
FERGUSON ABSENT), to approve the minutes of the Regular City Council meeting of March 1, 2022.

Commission/Committee Minutes

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER WARD, CARRIED 4-0 (COUNCILMEMBER
FERGUSON ABSENT), to receive and file the minutes of the Planning Commission Regular Meeting minutes _of March 2, 2022.

C. Warrant Register

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER WARD, CARRIED 4-0 (COUNCILMEMBER
FERGUSON ABSENT), to approve the following:

Wire Transfer Nos. 2607
through 2611 and Warrant Nos.
579270 through 579425, paid on
3-4-22, in the amount of .................................................. $2,445,804.99 Wire Transfer Nos. 2612
through 2616 and Warrant Nos.
579426 through 579567, paid on
3-11-22, in the amount of ................................................ $6,612,853.15 TOTAL WARRANT REGISTER. .............. $9,058,658.14
4-5-22 I 6A( 1 )-4
City Council Minutes - Regular City Council Meeting of March 15, 2022 Page 5 Payroll Register

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER WARD, CARRIED 4-0 (COUNCILMEMBER
FERGUSON ABSENT), to approve the following:

Warrant Nos. 858 through 860,
Automatic Deposit Advises 77063
through 77317, for the period
2-21-22 through 3-6-22, paid
on 3-11-22, in the amount of.. ........................................... $ 422,388.08 TOTAL PAYROLL REGISTER. .............. $ 422,388.08
D. Bond Release - Marblehead Coastal Development Habitat Management Plan and Bluff Restoration Grading Improvements (Tract 8817) E.

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER WARD, CARRIED 4-0 (COUNCILMEMBER
FERGUSON ABSENT), to adopt Resolution No. 22-07 entitled A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, AUTHORIZING THE RELEASE OF

PERFORMANCE AND LABOR & MATERIAL BONDS RELATED TO THE

MARBLEHEAD COASTAL DEVELOPMENT HABITAT MANAGEMENT

PLAN AND BLUFF RESTORATION GRADING IMPROVEMENTS IN
TRACT 8817.
2021 General Plan Annual Progress Report (APR)

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER WARD, CARRIED 4-0 (COUNCILMEMBER
FERGUSON ABSENT), to:

1. Adopt Resolution No. 22-08 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
ACCEPTING THE GENERAL PLAN 2021 ANNUAL PROGRESS
REPORT.

2. Direct staff to submit the 2021 Annual Progress Report to the State as required by law.
4-5-22 I 6A( 1 )-5
City Council Minutes - Regular City Council Meeting of March 15, 2022 Page 6 F.

Fee Waiver Request - 2nd Battalion 4th Marines Association Annual Reunion Event

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER WARD, CARRIED 4-0 (COUNCILMEMBER
FERGUSON ABSENT), to approve a one-time fee waiver for the special events costs associated with the 2nd Battalion 4th Marines Annual Reunion.

Establishment of Weed Abatement Program for 2022

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER WARD, CARRIED 4-0 (COUNCILMEMBER
FERGUSON ABSENT), to adopt Resolution No. 22-09 entitled A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, PURSUANT TO SECTIONS 39561 AND
39562 OF THE CALIFORNIA GOVERNMENT CODE DECLARING

WEEDS, RUBBISH, REFUSE, AND DIRT UPON STREETS, SIDEWALKS,

PARKWAYS, AND PRIVATE PROPERTY TO BE PUBLIC NUISANCES
AND PROVIDING FOR THE ABATEMENT THEREOF.

7. PUBLIC HEARINGS
A Zoning Amendment - Temporary Outdoor Dining and Parklets Public Hearing to consider adopting a zoning amendment to prescribe regulations and design guidelines for a temporary "Parklet Program" for 2022-2023.
· Economic Development Officer Lightfoot narrated a PowerPoint presentation entitled "Parklets for Outdoor Dining" and responded to Council inquiries. A hard copy of Mr. Lightfoot's presentation is on file with the City Clerk.

Mayor James opened the Public Hearing.

Mike (no last name provided) voiced support for outdoor dining and urged Council to consider whether other unique programs might be of benefit to the City.

Mikii Rathmann, San Clemente, commented on the benefits of outdoor dining and offered suggestions to assist retail and restaurant businesses.

Chris Aitken, Chair of the Downtown Business Association, commented on the benefits of outdoor dining to all area businesses.
4-5-22 I 6A( 1 )-6
City Council Minutes - Regular City Council Meeting of March 15, 2022 Page7 Pamela Roth, San Clemente, spoke in support of the outdoor dining program.

Mark McGuire, San Clemente, urged Council to reinstate outdoor dining and allow flexibility with regard to the outdoor 16-seat limit for restaurants.

There being no others desiring to speak to this issue, the Public Hearing was closed.

Following discussion, MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY MAYOR JAMES, to take action as follows:

1. Determine Zoning Amendment 22-027 is consistent with the intent of the State enabling legislation (AB 61 and SB 314) and is exempt from CEQA under the Class 21 categorical exemption (enforcement actions by regulatory agencies) because it establishes a temporary parklet program that regulates the time, place, and manner of temporary outdoor dining facilities as encouraged by the state of California.

2. Introduce Ordinance No. 1727 entitled AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
AMENDING SECTION 17.28.206 OF THE SAN CLEMENTE
MUNICIPAL CODE, REGULATING TEMPORARY • PARKLET

DINING, WHICH ESTABLISHES STANDARDS FOR OUTDOOR
DINING AREAS AND SUNSETS ON DECEMBER 31, 2023.

3. Establish a participation fee of four dollars ($4.00) per square foot per month for parklets on public property, and fifty cents ($0.50) per square foot per month for parklets on private property with a maximum of three spaces, to be incorporated within the Limited Term Parking Relief Agreement. If a business is using a handicap space for a parklet, a replacement space needs to be within 150 ft. of the original space.

SUBSTITUTE MOTION BY COUNCILMEMBER WARD to take action as follows:

1. Determine Zoning Amendment 22-027 is consistent with the intent of the State enabling legislation (AB 61 and SB 314) and is exempt from CEQA under the Class 21 categorical exemption (enforcement actions by regulatory agencies) because it establishes a temporary· parklet program that regulates the time, place, and manner of temporary outdoor dining facilities as encouraged by the state of California. •
Substitute Motion continued on next page
4-5-22 I 6A( 1 )-7
City Council Minutes - Regular City Council Meeting of March 15, 2022 Page8

2. Introduce Ordinance No. 1727 entitled AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
AMENDING SECTION 17.28.206 OF THE SAN CLEMENTE

MUNICIPAL CODE, REGULATING TEMPORARY PARKLET

DINING, WHICH ESTABLISHES STANDARDS FOR OUTDOOR
DINING AREAS AND SUNSETS ON DECEMBER 31, 2023.

4. Direct Staff to prepare a decision package for consideration during the upcoming budget process for a parking management plan or other action regarding downtown parking, mobility and public use.

The Substitute Motion died for lack of a second.

SUBSTITUTE MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY
MAYOR PRO TEM DUNCAN, CARRIED 3-1-1 (COUNCILMEMBER WARD VOTING NOE AND COUNCILMEMBER FERGUSON ABSENT) to take action as follows:

2. Introduce Ordinance No. 1727 entitled AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
AMENDING SECTION 17.28.206 OF THE SAN CLEMENTE

MUNICIPAL CODE, REGULATING TEMPORARY PARKLET

DINING, WHICH ESTABLISHES STANDARDS FOR OUTDOOR
DINING AREAS AND SUNSETS ON DECEMBER 31, 2023.

3. Establish a participation fee of four dollars ($4.00) per square foot per month for parklets on public property, and one dollar ($1.00) per square foot per month for parklets on private property with a maximum of three parking spaces, to be incorporated within the Limited Term Parking Relief Agreement. If a business is using a handicap space for a parklet, a replacement space needs to be within 4-5-22 I 6A( 1 )-8
City Council Minutes - Regular City Council Meeting of March 15, 2022 Page9 150 ft. of the original space. Seating for parklets shall not exceed 24 seats per establishment.

8. UNFINISHED BUSINESS

9. None.

NEW BUSINESS
A Update on Mariposa Pedestrian Bridge Replacement (Agendized at the February 1, 2022 City Council Meeting by Councilmember Knoblock, with the support of Mayor James and CouncilmemberWard.)
Report from the Public Works Director/City Engineer Koger concerning an update on the Mariposa Pedestrian Bridge
Replacement. •
Public Works Director/City Engineer Koger reviewed the contents of the Administrative Report and responded to Council inquiries.

MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY
COUNCILMEMBER WARD, CARRIED 4-0 (COUNCILMEMBER
FERGUSON ABSENT), to approve aluminum as the material to be utilized on the Mariposa pedestrian bridge and continue with the design and environmental permitting process for the bridge replacement.

B. Master Plan for Beach Restrooms (Agendized at the February 15, 2022 City Council Meeting by Councilrnember Ferguson, with the support of Councilmember Knoblock.)
City Manager Sund reviewed the contents of the Administrative Report.

Amanda Quintanilla, commented the need for public restrooms to coniply with ADA standards.

MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY
COUNCILMEMBER WARD, CARRIED 4-0 (COUNCILMEMBER
FERGUSON ABSENT), to receive and file the Administrative Report, dated March 15, 2022.
4-5-22 I 6A( 1 )-9
City Council Minutes - Regular City Council Meeting of March 15, 2022 Page 10 C. Consideration of a New Agenda Template (Agendized at the December 21, 2022 City Council Meeting by Mayor Pro Tern Duncan, with the support of Councilmember Knoblock.)
Report from the Legislative Administrator concerning consideration of a new agenda template.

Mayor Pro Tern Duncan, on behalf of Council's subcommittee that was appointed to review the agenda template, summarized the proposed changes to the agenda template and responded to Council inquiries.

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER KNOBLOCK, CARRIED 4-0 (COUNCILMEMBER
FERGUSON ABSENT), to take action as follows:

1. Approve the agenda template changes as outlined in Attachment 1 of the Administratjve Report, dated March 15, 2022, and on file with the City Clerk.

2. Direct that Policy and Procedure 1201-11 (City Council Meeting and Operating Procedures) be revised to include changes fo the agenda, as outlined in Attachment 2 of the Administrative Report, dated March 15, 2022, and on file with the City Clerk.

3. Adopt Resolution No. 22-10 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

ESTABLISHING THE DATE, TIME AND LOCATION OF CITY
COUNCIL MEETINGS AND RESCINDING RESOLUTION NO. 08-84.

D. Resolution Affirming the City's Position on the Storage of Spent Nuclear Fuel at San Onofre Nuclear Generation Station (SONGS) (Agendized at the March 1, 2022 City Council Meeting by Mayor Pro Tern Duncan, with the support of Mayor James and Councilmember Ward.) Report from the Assistant to the City Manager concerning consideration of a Resolution affirming the City's position on the storage of spent nuclear fuel at SONGS.

Assistant to the City Manager Savage reviewed the contents of the Administrative Report.

Jenifer Massey, San Clemente, commented on the desirability of storing spent nuclear fuel away from populated areas.
4-5-22 I 6A( 1 )-1 0
City Council Minutes - Regular City Council Meeting of March 15, 2022 Page 11 Manuel Camargo, SCE/SONGS, spoke on the actions that SONGS is taking to relocate its spent nuclear fuel and conveyed that SONGS would support a City resolution if errors in the resolution are corrected.

Roger Johnson, San Clemente, voiced concern with local storage of spent nuclear fuel from SONGS.

Gary Headrick, San Clemente Green, commented on risks associated with temporary storage of spent nuclear fuel.

Mike (no last name provided), commented on the importance of planning for the worst and public transparency with regard to a potential emergency.

During the ensuing deliberations, Council directed Staff to modify the proposed resolution and reagendize the resolution for Council consideration at its April 5, 2022 meeting as a Consent Calendar item. The Resolution is to include references as follows:
• San Clemente has never, and does not now, consent to storage of spent nuclear fuel at SONGS.
• The storage of spent nuclear fuel at SONGS presents a danger to the City and its residents. •
• The City encourages the Department of Energy to work expeditiously to relocate the spent fuel to a location that has provided consent. • The City supports relocating the spent fuel to a location that provides a longer-term solution.

E. Update on Legislative Activities for the City of San Clemente Report from the Assistant to the City Manager concerning an update on legislative activities for the City 9f San Clemente.

Marc Aprea, of Aprea and Micheli, updated Council on legislative matters of interest to the City .of San Clemente.

MOTION BY COUNCILMEMBER KNOBLOCK, SECOND. BY MAYOR
JAMES, CARRIED 4-0 (COUNCJLMEMBER FERGUSON ABSENT), to
receive and file the Administrative Report, dated March 15, 2022, and on file with the City Clerk. •

10. ORAL COMMUNICATIONS (PART 2)
None.
4-5-22 I 6A( 1 )-11
City Council Minutes - Regular City Council Meeting of March 15, 2022 Page 12

11. Reports
A. Commissions and Committees
B.

None.

City Manager
Announcement of Contracts Approved and Executed by the City Manager
City Manager Sund reported that he executed the following professional services contracts under his signature authority: 1) LSA Associates - Montalvo Canyon Outlet Improvements in the amount of $22,350; 2) Tripepi Smith - Community Education and Outreach in the amount of $49,500; and 3) BKF Engineers - Montalvo Canyon Outlet Improvements in the amount of $8,480.

Capistrano Unified School District Mask Update
City Manager Sund reported that the Capistrano Unified School District (CUSD) has terminated its mask requirement for schools. Council confirmed that this action nullifies Council's previous direction to agendize a possible resolution to encourage that CUSD end its mask mandate.

Strategic Planning Workshop
City Manager Sund provided an update on the process for the strategic planning workshop. Council scheduled the Strategic Planning Workshop for April 12, 2022.

Lifeguard Tryouts
City Manager Sund congratulated Beaches, Parks and Recreation and Marine Safety on the success of the recent lifeguard tryouts.

Support for Ukraine
City Manager Sund announced that the Rotary Club will be placing and maintaining blue and yellow ribbons on the trees on Avenida Del Mar in support of Ukraine.

City Attorney
None.
4-5-22 / 6A(1)-12
City Council Minutes - Regular City Council Meeting of March 15, 2022 Page 13 D. Council Members
Crossing Guards - Avenida Vista Hermosa
Mayor James requested that enhanced efforts be undertaken to retain crossing guards on Avenida Vista Hermosa.

Special Presentation on Recycled Water
Mayor James, with the support of Councilmember Knoblock, requested that the Santa Margarita Water District be invited to give a special presentation at a future Council meeting with regard to recycled water and a possible service agreement with the City.

T-Street Bridge
Mayor James requested·an update on the condition of the T-Street Bridge after the consultant has completed its evaluation .
. Jim Dahl Memorial Bench
Mayor James announced that Jim Dahl's Celebration of Life will be held at Vista Hermosa Sports Park on March 27, 2022 at 1 :00 p.m. Council directed that Staff prepare an Administrative Report for a future meeting that addresses the possibility of installing a bench at the Municipal Golf Course in memory of Jim Dahl.

Hanging Flower Baskets on Avenida Del Mar
Councilmember Knoblock requested that Staff coordinate with the Downtown Business Association and the Rotary Club with regard to maintena·nce of the hanging flower baskets on Avenida Del Mar.

Beach Trail Bridges - Condition Update
Councilmember Knoblock requested that Public Works provide an update on the condition of the two additional pedestrian bridges on the Beach Trail.

Sand Replenishment
Mayor Pro Tern Duncan acknowledged the efforts by the City over the last 20 years with regard to sand replenishment; noted that· the Federal government has approved the placement of sand on City beaches and the California Coastal Commission has approved a grant to facilitate sand retention.
4-5-22 I 6A( 1 )-13
City Council Minutes - Regular City Council Meeting of March 15, 2022 Page 14 Resolution Urging an End to the Governor's Emergency Order with Regard to Covid-19
Mayor James, with the support of Councilmember Knoblock, agendized a resolution to request that the Governor's Emergency Order with regard to Covid-19 be terminated.

E. Council Subcommittee Updates
None.

12. RESOLUTIONS/ORDINANCES
None.

13. RECESS TO CLOSED SESSION

MOTION BY MAYOR JAMES, SECOND BY MAYOR PRO TEM DUNCAN,
CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to recess to Closed Session at 9:25 p.m. for the purpose of discussing the following Closed Session item:

C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section. 54957
Title: City Attorney
Council reconvened in open session at 9:35 p.m., with all members present, except Councilmember"Ferguson who was absent.

14. ADJOURNMENT
Council adjourned at 9:35 p.m., in memory of Angela Boone, to an Adjourned Regular Meeting to be held on April 5, 2022 at 4:00 p.m. for the purpose of considering the Long Term Financial Plan. The Regular Business Meeting will commence at 6:00 p.m. The meeting will take place in the Community Center Auditorium, located at 100 N. Calle Seville, San Clemente.

MAYOR of the City of
San Clemente, California
CITY CLERK of the City of
San Clemente, California
4-5-22 / 6A(1)-14

1. 4-5-22 / 6B(1)
Toese minutes will be considered for approval at the Public Safety Committee Meeting of 09/28/2021

CITY OF SAN CLEMENTE
MINUTE:$ OF THE REGULAR MEETING OF THE

PUBLIC SAFETY COMMITTEE
AUGUST 24, 2021

TELECONFERENCE ONLY VIA
vvtMW .san-clemente.orgmve
cii j TO ORDER
Chair Berkuta calfed the Regular Meeting of the Public Safety Committee of the City of -San Clemente to order at 3:00 p.m. Due to the COVID-19 Pandemic, this meeting was available to the publfc via live stream from the City's YouTube Channer.

PLEDGE OF AL[l=GfANCE
Vice Chafr Janis led the Pledge of Allegiance.

Bott CALL
Committee
Members Present: *Chair Nick Berkuta
Vice Chair Joe Janis
*Gary Walsh
*Rick !Loeffler
Committee
*Marine Safety Captain Mellott
*Chief Capobianco,. Orange County Fire Authority •~arrived 3:10 p.m.)
Members Absenf: Captain Benfield, Orange County Sheriff's !Department Staff Present: *Adam Atamian, Manager - Deputy Community !Development !D1rector
*Participated i, the meeting via telleconference

4.. !REGULA~•ORDERS OF !BUSINESS/ iREGIUILAR IARESIE1NTATIONS A.. Randy !Harper, o.c.S.D. Assistant IBmergency IManagerw·th the !Emergency Management !Dhilsion. !Provided :an overview • and answered questions pertaining to ·Operatfonal Area efforts, 1rules 1of •disasters,; 1C01rT11muni\y ,expectations~ !hazards. if'acili\y statistics, and !National !Incident IMana.9ement System 1(1NIMS).
4-5-22 - 68(1 )-1
Page2
Minuutes of the Regular Meeting of the Publlc Safety Committee of August 24, 2021

5. MINUTES
A. Minutes from the Regular Public Safety Committee meeting of July 27, 2021. •
MOTION BY COMMiTTEE MEMBER LOEFFLER, SECOND BY VICE •
CHAIR JANIS, AND CARRIED 3-0-1 with Committee Member Walsh absent to approve the minutes from the Public Safety Committee of July 271 2021 as submitted. .

6. ORAL AND WRITTEN COMMUNICATION
None.

7. REVIEWS AND RECOMMENDATIONS
None.
& NEW BUSINESS
None. -

9. UNFINISHED BUSINESS
A. Communications and Disaster Preparedness Project Update:

Chair Berkuta reported working on a presentation from the County Health Department for an upcoming meeting.

B. Homelessness Project Update:

Committee Member Loeffler stated the homeless component of the committee was redirected back to the Human Affairs Committee to address the homeless issues the City Council deems necessary. Additionally, he praised Karlie Hunter, City of San Clemente Community Outreach Worker, on the work she is doing in the field.

C. Legislation Review Project Update:

No updates to report.

D. Neighborhood Watch Project Update:

Vice Chair Janis provided updates on the new webpage, how to proceed and will be meeting with the O.C.S.D. Crime Prevention Specialist in nearfuture. 4-5-22 - 6B( 1 )-2
Minuutes of the Regular Meeting of the Public Safety Committee of August 24, 2021

Page 3 ends

1Q REPORTS OF COMMITTEE MEMBERS AND STAFF,
A. Police Services - Orange County Sheriffs Department Captain Benfield B. Fire Services - Chief of San Clemente Fire Services, Chief Capobianco C. Marine Safety- Marine Safety Division Captain Mellott D. Committee Chair
E. Committee Members
F. City Staff
Chief Capobianco provided updates on the fires in Northern California as they are experiencing another historic fire season. Fire departments throughout Southern California through a mutual aid system share resources up north this time of year since Southern California's fire season does not occur until September, October, and November. OCFA has a strike team in Northern California and they are looking to extend additional teams while continuing to balance staffing needs locally. OCFA is experiencing a slow rise in Covid cases, but they are still maintaining a balanced staff.

Capt. Mellott reported with school back in session Marine Safety has decreased staffing during the week to one tower and summer staffing on weekends through Labor. Day. The 2021 Junior Lifeguard program was a success with approximately 800 kids in different sessions over the course of the summer.

Marine Safety averaged 17 rescues per day and 1,600 rescues to date this year.

Additionally, he thanked Adam Atamian, Karlie Hunter, and the Park Rangers for their intervening with the homeless. Marine Safety staff is experiencing a rise in Covid cases or exposures, but they are maintaining and balancing shifts. • Chair Berkuta read a letter of commendation to Gary Walsh and thanked him for his accomplishments while on the Public Safety Committee and Joint Homeless Subcommittee. He also stated the Public Safety Committee members will be sworn in on Thursday, August 26, 2021.

Committee member Loeffler reported he has been in communication with most of the Councilmembers to get City·Council's vision and topics they would like the Public Safety Committee to address and include on their work plan. He also reported there will be a line of direct contact to re~ch the City Council in the event there is an issue or something City Council needs to be informed of which will facilitate the Public Safety Committee as well.

City Staff Ireported the work plan for the fiscal year is typically due to City Council in October, but due to the delay in terms, this may get pushed to the first meeting i1 November. To expedite the process, he will be distributing the FY 2020/21 work plan and additional .related documents for ideas that may be included on the upcoming work plan for FY 2021/22 which will be agendized to discuss and draft at their Regular Meeting on September 28, 2021. Additionally, he 4-5-22 - 98(1 )-3
Page4
Minuutes of the Regular Meeting of the Public Safety Committee of August 24, 2021 announced he has accepted a new position with the City, Deputy Community Development Director, and highlighted what the position entails.

11. ADJOURNMENT
MOTION BY CHAIR BERKUTA, SECOND BY • COMMITTEE MEMBER
LOEFFLER, AND CARRIED 3-0-1 with Commil ee Member Walsh absent to adjourn at 3:58 p.m. to the Regular Meeting of the Public Safety Committee scheduled to be held on Tuesday, September 28, 2021 at 3:00 p.m. via teleconference.

Respectfully submitted,
Attest:

Adam Atamian, Deputy Community Development Director
4-5-22 - 6B( 1 )-4
.. 4-5-22 I 68(2)
These minutes wfll be considered for approval at the Public Safety Committee Meeting of 10/26/2021

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

PUBLIC SAFETY COMMITTEE
SEPTEMBER 28, 2021
City Hall
First Floor Community Room
91 0 Calle Negocio
San Clemente, CA 92673

1. CALL TO ORDER
Committee Member Berkuta called the Regular Meeting of the Public Safety Committee of the City of Sari Clemente to order at 3:00 p.m.

2. PLEDGE OF ALLEGIANCE

3. 4.

Committee Member Loeffler led the Pledge of Allegiance.

ROLL CALL
Committee
Members Present: Chair Nick 8erkuta
Vice Chair Charles Hightower
Rick Loeffler
Joe Janis
Marine Safety Captain Mellott
Captain Benfield, Orange County Sheriffs Department
Chief Capobianco, Orange County Fire Authority (Arrived 03:09 p.m.)
Committee
Members Absent: None
Staff Present: Adam Atamian, Manager - Deputy Community Development Director

REGULAR ORDERS OF BUSINESS/ REGULAR PRESENTATIONS
A. Selection of Public Safety Committee Chair and Vice Chair . . . Annually, at the first meeting after the newly appointed Committee members assume office, the Committee is required to select a chair and vice-chair from among its members. •
4-5-22 / 68(2)-1
Page2
Minuutes of the Regular Meeting of the Public Safety Committee of September 28, 2021

5. MOTION BY. COMMITTEE MEMBER LOEFFLER, SECOND BY
COMMITTEE MEMBER JANIS, AND CARRIED 4-0 to elect Nick Berkuta as Chair of the Public Safety Committee.

MOTION BY COMMITTEE MEMBER LOEFFLER,. SECOND BY
COMMITTEE MEMBER JANIS, AND CARRIED 4-0 to elect Charles Hightower as Vice Chair of the Public Safety Committee.

MINUTES
A. Minutes from the Regular Public Safety Committee meeting of August 24, 2021.

MOTION BY COMMITTEE MEMBER LOEFFLER, SECOND BY VICE
CHAIR HIGHTOWER, AND .CARRIED 4-0 to approve the minutes from the Public Safety Committee of August 241 2021 as submitted.

B. Minutes from the Special Joint Meeting of the . Beaches, Parks and Recreation Commission, Golf Course Committee, Human Affairs Committee, and Public Safety Committ~e of August 26, 2021.

CHAIR BERKUTA RECEIVED AND FILED THE MINUTES FROM THE

SPECIAL JOINT MEETING OF THE BEACHES, PARKS AND RECREATION

COMMISSION, GOLF COURSE COMMITTEE, HUMAN AFFAIRS
COMMITTEE, AND PUBLIC SAFETY COMMITTEE OF AUGUST 26, 2021.

6. ORAL AND WRITTEN COMMUNICATION
Nooe.

7. REVIEWS :AND RECOMMENDATIONS
None.

8. NEW BUSINESS
A. Consideration and Development of the Public Safety Committee Annual Work Plan FY 2021/22
Committee discussed work plan ideas and which Committee member(s) would oversee each item:
• Neighborhood Watch -Implementation phase {Janis/Loeffler) • Communication· and Disaster Preparedness - Continuation (Berkuta/Hightower)
• Technology (Berkuta/Hightower)
4-5-22 I 68(2)-2
Page3
./ • , Minuutes of the Regular Meeting of the Public Safety Committ~e of September 28, 2021 • Legislative Review {Loeffler)
• Homeless and BMP's (Loeffler/Janis)
• Statistics and Review (Hightower/Loeffler)
• Human Trafficking (Loeffler)
• Traffic or Bicycle Safety (Loeffler)
MOTION BY COMMITTEE MEM~ER LOEFFLER, SECOND BY
COMMITTEE MEMBER JANIS, AND CARRIED 4-0 to draft a Work Plan to include the above categories and work on projects in identified non-quorum groups.

9. UNFINISHED BUSINESS
None.

10. REPORTS OF COMMITTEE MEMBERS AND STAFF
A. Police Services - Orange County Sheriffs Department Captain Benfield B. Fire Services - Chief of San Clemente Fire Services, Chief Capobianco c. Marine Safety - Marine Safety Division Captain Mellott D. Committee Chair
• E. Committee Memb.ers .

F. City Staff
Captain Benfield reported on hazard mitigation maps on the City website and the opening of the new·Police services substation.

Chief Capobianco reported on lowering COVID numbers, striketeam activities in Northern California, and trying.to obtain new Huey helicopters.

Captain Mellott reported on life saving activities of the lifeguards, the influx in panga boats along the coast, and responded to questions from the Committee, Chair Berkuta reported on the Public Safety Committee's accomplishments and presentations over this past year. •
Vice Chair Hightower thanked the public safety service. representatives in attendance.

Committee Member Janis reported on initiating coordination with Orange County· Sheriffs Department on the Neighborhood Watch Program. • Committee Member Loeffler thanked Marine Safety staff for rescue.

City Staff reported on live lnwperson meetings:
4-5-22 I 68(2)-3
Page4 , Minuutes of the Regular Meeting of the Public Safety Committee of September 28, 2021

11. ADJOURNMENT

MOTION BY CHAIR BERKUTA, SECOND BY VICE CHAIR HIGHTOWER, AND CARRIED 4-0 to adjourn at 3:58 p.m. to the Regular Meeting of the Public Safety Committee scheduled to be held on Tuesday, October 26, 2021 at 3:00 p.m. at the City Hall, First Floor Community Room, 910 Calle Negocio, San Clemente, California.

Respectfully submitted,
Attest:

Adam Atamian, Deputy Community Development Director
4-5-22 I 68(2)-4
4-5-22 I 6B(3)
These minutes will be considered for approval at the Public Safety Committee Meeting of 11/23/2021

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

PUBLIC SAFETY COMMITTEE
OCTOBER 26, 2021
City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, CA 92673

1. CALL TO ORDER
Committee Member Berkuta called the Regular Meeting of the Public Safety Committee of the City of San Clemente to order at 3:03 p.m.

2. PLEDGE OF ALLEGIANCE
Chair Berkuta led the Pledge of Allegiance.
• 3. ROLL CALL

4. 5.

Committee
Members Present: Chair Nick Berkuta
Committee
Vice Chair Charles Hightower
Rick Loeffler
• Joe Janis
Captain Benfield, Orange County Sheriff's Department
Members Absent Marine Safety Captain Mellott
Chief Capobianco, Orange County Fire Authority
Staff Present: Adam Atamian, Manager - Deputy Community Development Director

REGULAR ORDERS OF BUSINESS/ REGULAR PRESENTATIONS
None.

MINUTES
A. Minutes from the Regular Public Safe:,ty Committee meeting of September 28, 2021.
4-5-22 I 68(3)-1
Page2
Minuutes of the Regular Meeting of the Public Safety Committee of October 26, 2021

MOTION BY COMMITTEE MEMBER LOEFFLER, SECOND BY
COMMITTEE MEMBER JANIS, AND CARRIED 4-0 to approve the minutes from the Public Safety Committee of September 281 2021 as submitted.

6. ORAL AND WRITTEN COMMUNICATION
sm • Kreutinger, resident, discussed Tri-Cities R.A.C.E.S. and offered a demonstration of the technology.

Patrick Hopkins, resident, discussed illegal activity and issues related to Loma Lane.

Trisha Long, resident, discussed issues related to Loma Lane.

7. REVIEWS AND RECOMMENDATIONS

8. Committee Member Loeffler discussed agendizing a New Business item to resume Zoom meetings.

City Staff stated the Governor's order for the suspension of in-person meetings was revised as part of AB361, while there can still be some remote aspects of meetings, any member on a board, commission, or committee need to be at a meeting place. The public is required to have the ability to make public comments for the entirety of all items where the public has an opportunity to speak on.

MOTION BY COMMITTEE MEMBER LOEFFLER, SECOND BY COMMITTEE MEMBER JANIS, AND UNANIMOUSLY CARRIED to agendize resuming a Zoom platform for future meetings.

NEW BUSINESS
None.

9. UNFINISHED BUSINESS
A. Draft Work Plan FY 2021-22
Continued review, discussion, and draft of Annual Work Plan by the Committee related to City Council's direction that will be submitted no later than October 28, 2021 for Council consideration.
• Communication and Disaster Preparedness - Continuation from FY 2020/21 (Berkuta/Hightower)
• Homeless and BMP's (Loeffler/Janis)
4-5-22 / 68(3)-2

Page 3 ends

Minuutes of the Regular Meeting of the Public Safety Committee of October 26, 2021 • Legislative Review (Loeffler)
• Neighborhood Watch - Amended and directed City Staff to identify personnel costs to implement program (Janis/Loeffler)
• Statistical Review - Amended as follows: 1) adding C.A.R.E. Ambulance Services performance measures to goals numbers 1 and 4, and 2) add goal number 6 to review and analyze cost performance services of C.A.R.E. Ambulance Services compared to cost performance services of O.C.F.A. ambulance services.
• Technology (Berkuta/Hightower)
• Traffic and E-Bicycle Safety (Berkuta/Loeffler)
• Human Trafficking (Loeffler) - Review and update Committee on human trafficking in the City.
o City Staff stated in regards to human trafficking, there are several Municipal Codes and provisions of the massage establishment Ordinance that require specific things be provided for the purposes of reducing the possibility of human trafficking.
• Urgent Matters - Reviewing of urgent matters that may arise from time to time. The purpose and goals are to address unanticipated issues of a crucial or urgent need. The committee may evaluate and investigate the situation and determine whether a memo to City Council is necessary.

MOTION BY COMMITTEE MEMBER LOEFFLER, SECOND BY COMMITTEE MEMBER JANIS, AND UNANIMOUSLY CARRIED to forward draft work plans to City Council.

10. REPORTS OF COMMITTEE MEMBERS AND STAFF
A. Police Services - Orange County Sheriff's Department Captain Benfield B. Fire Services -Chief of San Clemente Fire Services, Chief Capobianco C. Marine Safety - Marine Safety Division Captain Mellott D. Committee Chair
E. Committee Members
F. City Staff
Captain Benfield announced an upcoming "Coffee with a Cop and Fire" event to be held on Tuesday, November 9, 2021 from 8:00 a.m. to 10:00 a.m. at the Talega Starbucks. O.C.F.A will be attending and the recently released evacuation maps with QR codes will be available on-site.

Chair Berkuta reported that Kiel Koger, Public Works Director, is working with consultants to hire a Disaster Planner. He also is coordinating two tours of the Emergency Operations Center (EOC) for the Public Safety Committee members.

He announced possible street closures or limit access designation and Governor Newsom vetoed a bill AB122 regarding bicycles. 4-5-22 / 68(3)-3
Page4
Minuutes of the Regular Meeting of the Public Safety Committee of October 26, 2021 Committee Member Loeffler thanked members of the public for being present for today's meeting and thanked Captain Benfield for the additional enforcement on the beach trail between the Pier and North Beach and maintaining the safety of the City.

Vice Chair Hightower thanked Bill Kreutinger for his time and expertise of the Tri Cities R.A.C.E.S. He announced Chief Capobianco gave him tours of Fire Stations 50, 59 and 60 and Captain Rod Mellott gave him a tour of Marine Safety Headquarters.

Adam Atamian suggested Committee members avoid any appearance that may be a violation of the Brown Act. He reported that SB296 relating to Code Compliance Officers stating each City needs to provide jurisdiction specific standards for their officers He will work with Matt Silver, C.A.C.E.O., and will report back as more information is available for this new requirement. Staff announced the Joint Council/Commission/Committees Meeting will be held on Tuesday, November 30, 2021 at 5:30 p.m. located at Wedgewood Dining Room at the San Clemente Municipal Golf Course.

11. ADJOURNMENT
Attest:

MOTION BY COMMITTEE MEMBER LOEFFLER, SECOND BY JANIS, AND CARRIED 4-0 to adjourn at 5:21 p.m. to the Regular Meeting of the Public Safety Committee scheduled to be held on Tuesday, November 23, 2021 at 3:00 p.m. at the City Hall, First Floor Community Room, 910 Calle Negocio, San Clemente, California.
l&J\·_
Ada~ o~ munity Development Director
4-5-22 I 68(3)-4
4-5-22 I 6B(4)
These minutes wm be considered for approval at the Public Safety Committee Meeting of 1/25/2022

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

PUBLIC SAFETY COMMITTEE
NOVEMBER 23, 2021

1. CALL TO ORDER
City Hall
first Floor Community Room
910 Calle Negocio
San Clemente, CA 92673
Committee Member Berkuta called the Regular Meeting of the Public Safety Committee of the City of San Clemente to order at 3:00 p.m.

2. PLEDGE OF ALLEGIANCE
Vice Chair Charles Hightower led the Pledge of Allegiance.

3. ROLL CALL
Committee
Members Present: Chair Nick Berkuta
Committee
Members Absent:

Staff Present:

Vice Chair Charles Hightower
Rick Loeffler
Joe Janis
Captain Benfield, Orange County Sheriff's Department
Captain Mellott, San Clemente Marine Safety
Chief Capobianco, Orange County Fire Authority
Adam Atamian, Deputy Community Development Director

4. REGULAR ORDERS OF BUSINESS/ REGULAR PRESENTATIONS
None.

5. MINUTES
A. Minutes from the Regular Public Safety Committee meeting of October 26, 2021.
4-5-22 I 68(4)-1
Page2
Minuutes of the Regular Meeting of the Pu bile Safety Committee of November 23, 2021 B. MOTION BY COMMITTEE . MEMBER LOEFFLER, SECOND BY
COMMITTEE MEMBER JANIS, AND CARRIED 4-0 to approve the minutes from the Public Safety Committee of October 26, 2021 as submitted.

6. ORAL AND WRITTEN COMMUNICATION
No written communication was received. No members of the public were present fororal communication.

7. REVIEWS AND RECOMMENDATIONS
None.

8. NEW BUSINESS
A. Fiscal Year 2021-2022 PSC Annual Work Plan Implementation Adam Atamian reported that City Council had approved the 2021-2022 PSC Annual Work Plan. He encouraged the PSC to determine who is responsible for each project, what is the scope of each item, what resources we already have now and what info or assistance committee members need to carry out the projects.

The Committee reviewed the work plan and determined as follows:
• Communications and Disaster Preparedness (Berkuta/Hightower) The scope includes:

A. Determining what disaster plan resources the City already has.

B. Working with Red Cross on disaster centers to help displaced residents during major disasters.

C. Contacting OC Health Dept. and OC Board of Supervisors for their resources such as grant availability for disaster resources.

D. Working with the Public Works Director on City's EOC.

E. Researching potential communication methods available for when a disaster disrupts regular communication such as cell phones. • Homeless and Best Management Practices for Public Safety Personnel (Loeffler/Janis)
The scope includes meeting with City's homeless outreach staff to understand the current homeless situation and formulate a plan. 4-5-22 / 68(4)-2
Page3
Minuutes of the Regular Meeting of the Public Safety Committee of November 23, 2021 • Legislative Review (Loeffler)
The scope includes:

A. Monitoring and reporting on potential legislation and new publicsafety laws that would affect the City of San Clemente.

B. Providing the Council with notice of potential legislation that they may want to address.
• Neighborhood Watch (Janis/Loeffler)
The scope includes:

A. Recruiting block captains for local neighborhood watch groups.

B. Creating an info video to help train local neighborhood watch groups.

C. Providing block captains with resources on accessing crime statistics for their neighborhoods.

D. Researching methods of addressing catalytic converter theft.

E. Formulating recommendations to City Council.
• Statistical Review (Hightower/Loeffler)
The scope includes:

A. Reviewing statistical and performance measures for OCFA, OCSD, marine safety, Care ambulance services, park rangers, and code enforcement, then making recommendations to Council.

B. Reviewing and analyzing cost of ambulance services.

C. Recommending license plate readers to be installed in the City for investigative purposes and locating stolen vehicles.
• Human Trafficking (Berkuta/Loeffler)
The scope includes:

A Finding an expert to train members on how to identify the problem and resources for responding to it.

B. Finding and working with local community organizations to draft recommendations to Council for updating ordinances on it. • Traffic and E-Bicycle Safety (Berkuta/Loeffler)
The scope includes:

A Gathering info on the problem of high speed E-Bicycles causing safety and traffic issues on the streets and beach trail.

B. Drafting recommendations to Council for legislative response. 4-5-22 I 68( 4 )-3

Page 5 ends

Minuutes of the Regular Meeting of the Public Safety Committee of November 23, 2021

MOTION BY COMMITTEE MEMBER HIGHTOWER, SECOND BY LOEFFLER, AND CARRIED 4-0 to cancel the December 28, 2021 Public Safety Committee regular meeting.

11. ADJOURNMENT

MOTION BY COMMITTEE MEMBER LOEFFLER, SECOND BY JANIS, AND CARRIED 4-0 to adjourn at 5:01 p.m. to the Joint City
Council/Commissions/Committee Special Meeting scheduled to be held on Tuesday, November 30, 2021 at 7:00 p.m. at the Municipal Golf Course Banquet Room 150 E. Magdalena, San Clemente, California.

Respectfully submitted,
Attest:

Adam Atamian, Deputy Community Development Director
4-5-22 I 68(4 )-4

1. 2.

3. 4-5-22 / 6B(5)
These minutes will be considered for approval at the Public Safety Committee Meeting of 2/22/2022

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

PUBLIC SAFETY COMMITTEE
JANUARY 25, 2022

CALL TO ORDER
City Hall
First Floor. Community Room
910 Calle Negocio
San Clemente, CA 92673
Committee Chair Berkuta called the R~gular Meeting of the Public Safety Committee of the City of San Clem~nte to order at 3:02p.m.

PLEDGE OF ALLEGIANCE
Committee Member Joe Janis led the Pledge of Allegiance.

ROLL CALL
Committee
Members Present: Chair Nick Berkuta
Vice Chair Charles Hightower
Rick Loeffler
Joe Janis
Captain Benfield, Orange County Sheriffs Dep.artinent
Chief Capobianco, Orange County Fire Authority.

Marine Safety Captain Mellott
Committee
Members Absent: None .
. Staff Present: Cecilia Gallardo-Daly, Community Development Director Rebeka~ Brewster, Administrative Assistant
Peopl~ Present: Robert Viera, CARE Ambulance Managing Director Present Via Zoom: Brenda Wells 1-5 Freedom Network
Chris Duncan, City Council Member -
4-5-22 / 68(5)-1
Minutes of the Regular Meeting of the Public Safety Committee of January 25, 2022

4. REGULAR ORDERS OF BUSINESS/ REGULAR PRESENTATIONS
A. Special Presentation on Human Trafficking by Brenda Wells of 1~5 Freedom Project.

Page2
Brenda Wells _gave a presentation to educate the committee on the types of human trafficking and how to respond. She described how the 1-5 Freedom Project works to educate the public, advocate for legislation, and help survivors get back on their feet.

Chris Duncan and Nick Berkuta asked Brenda what specific recommendations she had for City Council.

Brenda suggested that the Council consider hosting an event to raise public awareness, where an expert could give an educational presentation.

Chris Duncan asked the Public Safety Committee to continue working with Brenda Wells on ideas for how Council could address the issue.

5. MINUTES
A. Minutes from the Regular Public Safety Committee meeting of November 23, 2021.

MOTION BY COMMITTEE MEMBER LOEFFLER, SECOND BY MEMBER
HIGHTOWER, AND CARRIED 4-0 to approve the minutes from the Public Safety Committee of November 23, 2021 as submitted.

6. • ORAL AND WRITTEN COMMUNICATION
No written communication was received. No additional oral communication received.

7. REVIEWS AND RECOMMENDATIONS
A. OCFA FY22 Quarter 1 Performance Measures
Chief Capobianco described how OCFA performance measures have remained consistent throu.9h the last several years, even during covid and when facing the unique geographic challenges of San Clemente. 4-5-22 I 68(5)-2
Minutes of the Regular Meeting of the Public Safety Committee of January 25, 2022

Page 3 ends

B. CARE Ambulance Service FY22 Quarter 1 Performance Measures Robert Viera gave a presentation on CARE Ambulance performance measures.

To offset the hospital closure, CARE is contracted with the City to provide two ambulances. They are dispatched by OCFA and are staffed with EMTs.

8. NEW BUSINESS
A. Catalytic Converter Theft Enforcement Report by Captain Benfield Captain Benfield gave a presentation on the reality of catalytic converter theft.

The purpose of a catalytic converter is to reduce toxic gases that come from a· combustible engine. They are attractive to thieves for their precious metals, which can be easily sold to scrap yards. The challenge to law enforcement is how quick the theft can happen and the difficulty of tracing specific parts to specific vehicles. Criminal groups actually work at the speed of a NASCAR pit crew. They bring their own jacks, saws, and other tools and are done and gone long before police can arrive.

Captain Benfield suggested that they ask the City Council to consider an ordinance on unlawful possession· of catalytic converters. He referenced the municipal ordinance created by Irvine as an example.

He also encouraged them to consider holding a community event where a local mechanic volunteers to etch license plate numbers on catalytic converters. This can help the mechanic get their business more known in the community and hopeful attract more customers.

MOTION BY MEMBER LOEFFLER, SECOND BY MEMBER JANIS, AND
CARRI ED 4-0 to recommend to the City Council to work with the Chief of Police and City Attorney on . developing a municipal code addressing unlawful possession of catalytic converters.

B. Communications and Disaster Preparedness Protect Update The Committee discussed various types of communication methods and radio frequencies available if a disaster had eliminated normal communication.

Chief Capobianco described the types of radios used by OCFA to communicate with staff, the police and Camp Pendleton. That OCFA regularly practices drills to make sure communication would continue during a disaster. There is also a mutual aid agreement between OCFA and Camp Pendleton for assistance in time of need.
4-5-22 I 68(5)-3
/'
Page4
Minutes of the Regular Meeting of the Public Safety Committee of January 25, 2022 C. Homeless and Best Management ·Practices for Public Safety Perso·nnel Project Update
Member Loeffler reported that the City will be able to hire ari additional Homeless Outreach Coordinator due to rec~iving additional grant funding. The City is interested in using the additional grant funds to provide transportation for homeless people to local shelters.

D. Legislative Review Proiect Update
Member Loeffler reported on a new California law for police departments to make public when a police officer is fired and why it happened. The law also provides f0r ways to decertify them so they cannot transfer to new jurisdictions.

Member Loeffler described that when he was working as a police officer in Los Angeles, he had seen other cops who had problems with excessive use of force or issues like stealing. They were allowed to resign instead of being fired and ended up working at other jurisdictions.

Member Loeffler believes this new California law might help prevent that from happening.

E. Neighborhood Watch Proiect Update
Member Janis reported that he has been working on a website with William Kreutinger of the Human Affairs Committee. The idea is to provide educational info and resource links to the public.

F. Human Trafficking Project Update
Chair Berkuta reported that City Council had created a subcommittee of Council Members Duncan and James to draft recommendations for this issue.

Member Hightower reminded them that Council Member Duncan had requested the Public Safety Committee to work with Brenda Wells on ideas for the Council . subcommittee of Duncan and James to review and present to Council.

G. Traffic and E-Bicycle Safety
Member Loeffler reported that the City Council is working to ban E-Bicycles on the beach trail and pier. Bike racks would be provided at the base of the pier to . 4-5-22 I 6B(5)-4
Minutes of the Regular Meeting of the Public Safety Committee of January 25, 2022

Page 5 ends

allow residents to continue riding their bicycles to the beach and have a safe place for them. He also reported that Council might consider banning E•Bicycles on sidewalks in hopes of protecting pedestrians.

9. UNFINISHED BUSINESS
None.

10. REPORTS OF COMMITTEE MEMBERS AND STAFF
A. Police Services - Orange County Sherifrs Department Captain Benfield B. Fire Services - Chief of San Clemente Fire Services, Chief Capobianco C. Marine Safety - Marine Safety Division Captain Mellott D. Committee Chair
E. Committee Members
F. City Staff
Captain Benfield reported that OCSD is working on obtaining license plate readers to assist in identifying criminals. The contract is in progress. Once finalized, it would be about two months from contract signature to when the readers would be up and running.

He also reported a decline in RSVP volunteers due to concerns about covid. He hopes that more members of the public would be interested in volunteering for the program.

Chief Capobianco reported that due to the growth of Rancho Mission Viejo, OCFA is adding an additional fire station near Antonio and La Pata. He described that because San Clemente once had its own fire department, the City has transport rights for OCFA to bring in ambulance support from outside the City when necessary. He also reported that they are bringing onboard a new fire engine #60.

Captain Mellott reported that covid had affected marine safety. However, they were able to continue providing lifeguards because seasonal and part time lifeguards volunteered to cover when full time staff was affected by covid.

Membe_r Janis left the meeting at 5:18pm.
4-5-22 I 68(~)•5

Page 6 ends

Minutes of the Regular Meeting of the Public Safety Committee of January 25, 2022

11. ADJOURNMENT
MOTION BY CHAIR BERKUTA, SECOND BY LOEFFLER, AND CARRIED 3-0 to adjourn , in honor of firefighter Jonathan Flagler, at 5:35 p.m. to the next Regular Meeting of the Public Safety Committee scheduled to be held on Tuesday, February 22, 2022 at 3:00pm in the Community Room at City Hall 910 Calle Negocio, San Clemente, California.

Respectfully submitted,
Attest:

Cecilia Gallardo-Daly, Community Development Director
4-5-22 I 6B(5)-6

CITY OF SAN CLEMENTE

CERTIFICATION OF WARRANTS

I HEREBY SUBMIT THE ATTACHED

WARRANT REGISTER FOR AUDIT

AND APPROVAL BY THE CITY

COUNCIL, CITY OF SAN CLEMENTE

CITY MANAGER
ATTEST: ________ _ _

CITY CLERK

I HEREBY CERTIFY TO THE ACCURACY OF THE FOREGOING

DEMANDS AND THAT FUNDS ARE AVAILABLE FOR PAYMENT
THEREOF:

APPROVED AND ORDERED PAID AT

THE MEETING OF THE CITY COUNCIL
HELD 4/ 5 122..

IN THE AMOUNf OF$ ~~~----- 1 387 045.01
MAYOR

PAID BY WARRANTS SIGNED BY LEGALLY

DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003

CITY TREASURER
4-5-22 I 6C( 1 )-1
apChklst Final Check List
03/16/2022 1:34:0SPM SAN CLEMENTE
Bank : -city BANK OF THE WEST
Check# Date Vendor Invoice Inv Date
2617 3/18/2022 002474 CA PUB EMPLOY RETIREMENPPOS/22 3/6/2022 2618 ·3118/2022 024009 CA PUB EMP RETIREMENT S'yPP#05/22 3/6/2022 579568 3/18/2022 015621 ALEXANDER'S .CONTRACT S\1202202280014 2/28/2022 579569 3/18/2022 007437 ALL AROUND UGHTING, INC. 234179 2/3/2022 579570 3118/2-022 009876 ALL CITY MANAGEMENT SVC:75514 2/23/2022 579571 3118/2022 002603 ANIMAL PEST MGMT SERVICt654656 2/28/2022 579572 3/18/2022 005201 APPLE.ONE 01-6223960 3/2/2022
01-6230085 3/9/2022
579573 3/18/2022 025093 • APREA & MICHELI, INC 036972 3/1/2022 57957 4 3/18/2022 000084 ASBURY ENV1RONMENTAL SEl500-00800177 2/23/2022 579575 3/18/2022 017703 ATHENS SERVICES 11831848 2/28/2022 579576 3/18/2022 033674 AUTERSON, SCOTT 4 3/7/2022
579577 3/18/2022 000184 AWARDS N MORE 4945 3/4/2022
4942 3/4/2022
4937 3/2/2022
579578 3/18/2022 027-052 BALSER, ALLEN 031022 3/10/2022 579579 3/18/2022 006409 BAY CITY INDUSTRIAL SUPPt:239879 2/25/2022 579580 3/18/2022 027145 BEACH, N.IKI 031022 3/10/2022
579581 3/18/2022 024972 BEST BEST & KRIEGER LLP 927359 2/17/2022 927365 • 2/17/2022
927364. 2/17/2022
927357 2/17/2022
927372 2/17/2022
927373 2/17/2022
579582 3/18/2022 026276 BINA, ANTONY 031022 .3/10/2022
579583 3/18/2022 003200 BLAKE;LY, DANA L. 38357 2/16/26'22 579584 3/18/2022 014004 BROWN, THOMAS "CORY" 031022 3/10/2022 579585 3/18/2022 004193 BSN SPORTS LLC 915924325 2/7/2022 579586 3/18/2022 029136 CALIFORNIA STREET LIGHTll\818 3/1/2022 817 3/1/2022
579587 3/18/2022 016096 CALIFORNIA YELLOW CAB 2703022 3/7/2022 Descriotion

PERS CONTRIBUTIONS
f>ERS OONTRIBUTIONS FOR
MONTHLY METER READING!
LIGHTlNG SUPPLIES
FY2021-2022 CROSS1NGGU

PEST CONTROL

APPLEONE

LEGISLATIVE ADVOCACY SEI
PARTS WATER {RENTAL
GRIT & SCREENINGS Sf:RVIC

ADULT SOFTBALL OFFICIAL

NAMEPLATES & HOLDERS

GLASS AWARD FOR DEPUTY

COUNCIL PHOTO'S NAME PL

EMPLOYEE SERVICE AWARD

PARTS/HARDWARE
EMPLO¥EESERVICE AWARD
ANTHEM V. QITY OF SAN CLE

LAND USE

REAL-ESTATE
. RETAINER FOR LEGAL SERVI

PRAOVERAGE

PUBLIC RECORDS ACT

EMPLOYEE SERVICE AWARD

JUNIOR LIFEGUARD CERTIFI

EMPLOYEE SERVICE AWARD
FOOTBALLS.& NET HOOKS

LIGHT POLE & FIXTURE INST

REMOVAUREPLACEMENTTF
FY22 SENIOR MOBILITY PRO
Page: 1
Amount Paid Check Total
5,824.70 5,824.70
83,597.16 83,597.16
rn,375.73 18,375.73
762.87 762.87
8,769.60 8,769:60
455.00 455.00
1,121.38
1,444.86 2,500.24
15,084:09 15,084.09
134.69 134.69
1,146.10 1,146.10

80.00 80.00
799.51

64.65 84.05 948.21
50:00 50.00
2,843.44 2,843.44

50.00 50.00
1,026.00
7,113.60
1,470.00
40,821:94
11,999.60
5,237.00 67,668.14

50.00 50.00
247.56 247:56
250.00 250.00
441.56 441.56
3;300.00
3,500.00 6,800.00
1,790.04 1,790.04
Page: 1
4-5-22 I 6C(1 )-2
apChkLst
03/16/2022 1:34:0SPM
Bank : city BANK OF THE WEST (Continued)
Final Check List

SAN CLEMENTE
Check# Date _Ve_n_d_o_r ___________ =ln~v-'-o=•·c-'-e __ _ Inv Date Description 579588 3/18/2022' 02?2'38
579589. 3/1,8/20:2'2 015115
579590 3/1812022' 028904
5:?'9591 3/18/202!2' 01239'7' •
579&92' 3/"18/20'22 023677
579593 3/W/2022 • 002001
579594 3/18/2022 007431
579595 3/18/20.22" 026046
579596 3/1812022 001417'
579697 3/1812022 001·394
5795.SB 3/1,8/2022' 006090
5-79599. 3/18/2022 00609.f}
57960D 3118/:2022 006090
5796°'1 3118/2022' 006090
&79602 3/18t2022 024536
CALPINE ENERGY SOLUTION2206800159879! 3/9/202:2
2206800159879! 3/9/2022
2206800159,879'. 3/9/2022
2206800159879( 3/9/2022
2206800159879! 3/9/2022
2206800159879~ 3/9/2022
2206800159879-'. 3/9/2022
2206200159660'. 3/3/2022
2207400160364! 3/15/2022'
22062001,5966(f 3/3/2022.

CAMPAGNOLO, LAURA 031022 3/10/2022
CATALYST OFHCE 18379 12/8/2021
CENTRAL COMMUNICATIONS000024-381-71H 3/1/2022
CHANDLER'ASSEr"MANAGEIV2202SANCLEME 3J2f2022:

CIVIC SOLUTIONS, INC 98121 3/3/2022
• COAST RECREATION, INC. 14426 3/1/2022
COLTS-LANDS.CAPE INC 030222~1·012' 3/2/202'2:
030222-10G3 3/212022
03'0222-1008 312120-22
030222-1014 3/2/2022
030222-1'005 3/2/2022
CONSOLIDATEDELECTRIC D110207?4 3/2/2022:
1020546 2124/2022
10205-20 Z/24/2022
1020562 2/25/2022
COOK PGAGOLF SHOP-INC, [0315-22 3.J15/20-22
COX COMMUMCATIONS 049361201 • 3.J1/2Q22
049351101 3/1/2022
049223401 2/22/2022
COX COMMUNICATIONS 0487506ft1 3/1/2022
501-76010:48750! 3/1/2022
COX COMMUNICATIONS 0509-35601 3/1/2022
COX COMMUNICATIONS 060930.701 2/26/2022
057644801, 2/25/2022
01\lE HECTOR PAINTING 1712 3/7/2022
ELECTRICITY NC #271426
ELECTRICITY NC #281216
ELECTRICITY NC #28-1219-
ELECTRICITY NC #281217
ELECTRICITY AJC #281212
ELECTRICITY AJC #281215
ELECTRICITY A/C #281218
ELECTRICITYAJC #281211
ELECTRICffYNC #28121-7
ELECTRICffY NC #281212

EMPLOYEE SERVICE AWARD
UTfUTY BILLING CUBIClE-3R'
123-5154-461 MONTHLY ANS\
• PORTFOLIO MANAGEMENT F

CONTRACT PLANNINGSERV

PLAYGROUND EQUIPMENT
COLTS- S"FREE"fSCAPE(SUF
COLTS - LANDSC~WEST (BA

COLTS- BCHS, ACCESS & PII

COLTS- STREETSCAPE (BAE

COLTS - STREETSCAPE (BAE
MA"FERIALS,

MATERIALS

MATERIALS
3/07/22:- 3/t3l22 WEEKLY PA°"'
MONTHLY COXSCADACOM~
MONTHLY COX SCADA COM~
MONTHLY COX SCADA COM~
AJC 001 7601 048750601
NC 5017601 048750601
A/C 001 760-1 0-509.35601 •

LANDLINE PHONE SERVICES

STEED PARK CONCESSJON E
Amount Paid
8,137'.78
134.88
6,611.61-
406,&3.
4,752:98
1,979:63
45,720.10
246.9-3
427'.85,
5,041,81
250.00
5,537:48
22-:iso
5,.536.54
3,780.00
535.54
450.00
36,3-92.00
9,630.00
9,7'5.00
1-4,422.00
2,040-.02
174.5.6
135.89'
32·:33
20,700.62

25.0.00 1,318.58
•. 86.02
101-.39
241·.22
134.00

33.85 6?.78
6,035.00
Page:2
Check Total
73,430.40
2'50.0.0
5,537.48
223.90
5,5·36:54
3,780.00
5,35.54
61,869.00
2,382.80
20,700.62
1,654.60
342.61
134.00
101.63
6,035.00
Page:2
4-5-22 I 6C(1 )-3
apChkLst Final Check List
03/16/2022 1:34:08PM SAN CLEMENTE
Bank : city BANK OF THE WEST . (Continued}
Check# Date Vendor Invoice Inv Date
579603 3/18/2022 033164 DEBUT SURF SCHOOL 030322 3/3/2022 579604 3/18/2022 002647 DENAULT'S HARDWARE, INC 509888 3/8/2022 509886 3/8/2022
509880 31712022
509833 3/4/2022
509820 3/3/2022
509799 3/2/2022
509808 3/2/2022
509815 3/2/2022
509676 2/23/2022
509909 3/9/2022
509902 3/9/2022
509816 • 3/2/2022
579605 3/18/2022 015986 DESTEFANO, LOUIS 93 3/7/2022
579606. 3/18/2022 027226 DOBBS, THERESA 030122 3/1/2022 030122A 3/1/2022
5796'07 3/18i2022 024231 DOG WASTE DEPOT 469608 3/812022 5796'.08 3/18/2022 004462 DOHENY PLUMBING, INC. · 61828 2/28/2022 579609 3/18/2022 004177 E STEWART & ASSOC INC 7573S 2/28/2022 7572S • 2/28/2022
7575S 2/28/2022
7576S 2/28/2022
7577S 2/28/2022
7574S 2/28/2022
579610 3/18/2022 033608 ELLER, DENNIS 11 3/712022
579611 3/18/2022 023809 ELLISON, KRISTOPHER 031022 3/10/2022 579612 3/18/2022 024008 ENVIRO DIAGNOSTICS LLC 220271 3/3/2022 579613 3/18/2022 023219 EVANTEC CORPORATION 20228889 3/4/2022 579614 3/18/2022 006787 EXCEL PAVING COMPANY PPBFINAL 2/14/2022 579615 3/18/2022 027382 FARRELL, COURTNEY 031022 3/10/2022 579616 3/18/2022 015787 FAVATELLA, ZINA 031022 3/10/2022 579617 3/18/2022 01215T FERGUSON WATERWORKS 1102657 2/24/2022 1104844 2/24/2022
1099638 2/23/2022
579618 3/18/2022 006413 FERGUSON, LAURA 030122 3/1/2022 Descriotion
INSTRUCTOR PAYMENT . . HARDWARE & MAINT SUPPL!

HARDWARE & MAINT SUPPU
HARDWARE & MAINT SUPPL!
HARDWARE & MAINT SUPPL!
HARDWARE & MAINT SUPPL!
HARDWARE & MAINT SUPPL!
HARDWARE & MAINT SUPPL!
HARDWARE & MAINT SUPPL!
HARDWARE & MAINT SUPPL!
HARDWARE & MAINT SUPPL!
HARDWARE & MAINT SUPPL!
HARDWARE & MAINT SUPPL!

ADULT SOFTBALL OFFICIAL
ARP NON-'PROFIT GRANTS -f

CDBG REHABILITATION LOM

TRAILS - DOG WASTE BAGS

RESTROOM MAINTENANCE
GRAFFITI REMOVAL - PRN.&

ESTEWART - CITY TRAILS (B

GRAFFITI REMOVAL - PUBLIC

GRAFFITI REMOVAL - PUBLIC
GRAFFITI REMOVAL - PRN.&

ADULT SOFTBALL OFFICIAL

EMPLOYEE SERVICE AWARD
MOLD INSPECTION - T-STRE!

SUPPLIES
PN 19318- MARES ESTR'ELU

EMPLOYEE SERVICE AWARD

EMPLOYEE SERVICE AWARD
CUSTOMER #847552, 878902,
CUSTOMER #847552, 878902,
CUSTOMER #847552, 878902,

REIMBURSEMENT -COLOR P
Page: 3
Amount Paid Check Total
3,423:00 3,423.00

9.69 51.25
378.27

16.47 106.23

58.13 26.11

46.04 3.08

34.88 29.40

21.80 781.35

80.00 80.00
.1,584.00
415.00 1,999.00
1,005.52 1,005.52
299.50 299.50
2,500.00 -
6,841.00
1,920.00
3,880.00
480.00
3,480.00 19,101.00

80.00 80.00

50.00 50.00
840.00 840.00
571.06 571.06
10,701.37 10,701.37

50.00 50.00
250.00 2.50.00
615.09

68.62 176.46 860.17

33.28 33.28
Page:3
4-5-22 I 6C(1 )-4
apChklst
03/16/2022 1 :34:08PM
Final Check List

SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued}-
Check# • Date V..;;..e;;..;;n.;...;;d"""o.;;...r --'----------- _ln_v_oi_c_e __ _ Inv Date Descriotion 5796-19 3/18/2022 033869-
579620 3/18/2022· 031149
579621 3/18/2022 0249,3(}
579622 3/18/2022 03-2612
- 5-79623 3/18/2022: 027603
5796-24 3/18/2022 033376
5-79625" 3/'18/2022 029327
579626,, 3/18/202'2 001926
579627 3/18/2022' 033733
579628 3/18/2022'' 00231-1
579629(, 3/18/2022 001140
579630 3'/-'1"13./2022- 03128,1·
579631 3/'1'8/2022' 0235-11
579632 3/18/2022 016179
579633- 3'/18/2022· 02761,3
579634 3/1·8/202'2' 003019
5,79635 3/18/2022 0-09472
5795,35, 3/1-8/2022 002045
579637 3/1-8/2022 02'8'540-
FITNESS EQUIPMENT SPECIP10871
FRITZSCH, STEVEN 031022
GENERAL DATA CO,. INC. - SC0101359
GtANTC02
010-1411
132651
600019:
600020
GILMORE, JORDAN 03-1022
GLOBAL MARKETING & SUBC6883
GOLDEN WEST WINDOW SEF25128
GRAINGER, INC, W.W. 9232423054·
923-7782215
91S0941964
GREEN & ASSOCf:ATES INC, J:1988'
HAAKER EQ,!JIPMENT CO., INCZ00729
Z00730

HACH- COMPANY
ZQO:Z3J_
129,10133
12910245
2197129-
129162-61
12921014
HALL, YVONNE 030722
HARPER, EVERi::rT 101
HAULAWAY STORAGE CONT, 002045-540
HENNEQUIN, MASAKO 031022
HERtTAGE BIJS-tNESS FORMS69575
HINDERLITER, DElLAMAS & PSIN015163
HIRSCH PIPE & SUPPLY 8135396
8125306
8122812
HLAVAC, ROBERT 031022'
3/2/2022 QUARTERLY PREVENTATIVE
3/10/2022 EMPLOYEE SERVICE AWARD
3/7/2022 TONER FOR DESKTOP PRIN'
3/?/2022 TONER FOR DESK TOP PRIN'
2/25/2022 CHEMICAL SUPPLIES
3!712022 CHEMICAL SUPPLIES3/7/2022 CHEMICAL SUPPUES

3./1-0/2022 EMPLOYEE SERVICE AWARD
3/1/2022 JANITORIAL SVCS FOR SENH
2/18/2022 WINDOW CLEANING- CH EX.
• 3/3/2022 HARDWARE f EQUf PMENT
3/8/202,Z HARDWARE/ EQUIPMENT
1/25/2022 HARDWARE/ EQUIPMENT
'J/4/2022 EMERGENCYPLANNING6 Ml
2/28/2022· PARTS! HARDWARE
2/28/2022; PARTS/ HARDWARE
2/28/2.0'2;2 PAfffSIHA13PV.VARE; __
3/1/2022' LAB SUPPLIES
3/1-/2022 LAB SUPPLIES
3/1'1202-2 CREIJH FOR LAB SUPPLIES
3/4/2022 LAB SUPPUES,
3/8/2022 LAB SUPPUES
3/7/2022 CONTRACT INSTRUCTOR PA
3/-7/2022' ADULT SOFTBALL OFFtCIAL.
2/28/202-2 RENTAL OF STORAGE BIN
3/10/202'2 EMPLOYEESERVICEAWARD
3/1/2022 - PARKING CITAT~ONS
3/2/2022 SALES TAX SERVICES. FY202.
3/2/2022' FACILITIES - MAINT. OF BUILI
2/25/2022 FACILITIES- MAINT. OF BWU
2/24/2022 FACILITtES - MAfNT. OFBU-f.U
3/10/2022 EMPLOYEE SERVICE AWARD
Amount Paid
460.00
50;00

72.56 44.73-
241.94 •
371.76
288'.5-9

50.00 1,240.85
850.00
329.85
3,901.05

93.64 7,500:00
675.74
665,90
• 210.11
144.45
318.86
-326.49
582.89
720.9.1 .
• 517.83
320.00

68.01 50.00 •
7,505.17
3,042.63
163.54
411.80
949.20

50.00-
Page:4
Check Total
' 460.00

50.00 117.29
902.29-

50.00 1,240.85-
850.00
4,324,54
7,500.00
1,440.62'
517.83
320.00

68.01 50.00
7,505.17
3,042:63
1,524.54
5&.00
Page:4
4-5-22 I 6C( 1 )-5
apChklst Final Check List
03/16/2022 1:34:0SPM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date
579638 3/18(2022 001033 IMPERIAL SPRINKLER SUPPL'4987397-00 2/24/2·022 5016974-00 2/28/2022
5022594-00 3/4/2022
4997814-00 2/11/2022
579639 3/1,812022 ·008609 JOHNSTONE SUPPLY OF SAN2095392 2/25/2022 2094763 2/25/2022
579640 3/18/2022 -006381 JTB SUPPLY COMPANY, INC 110042 2/28/2022 579641 3/18/2022 001721 KNORR SYSTEMS, INC. Sl237126 2/2812022 579642 3/18/2022 013755 KOPPEL & GRUBER PUBLIC F22-1040 2/28/2022 579643 3/18/2022 020138 KRIEGER ELECTRIC 32819 3/4/2022 579644 3/18/2022 012721 LAFORZAT!LE & STONE INC. 4541 3/10/2022 579645 3/18/2022 • 026465 LANGILL, TYLER J 031022 3/10/2022 579646 3/18/2022 005524 LESUE'S POOL SUPPLIES INC00087-02-05122, 3/3/2022 00087-02-05122 3/3/2022 ·
579647 3/18/2022 000937 LINDE GAS &EQUIPMENT INC68442518 1/22/2022 69010087 2/22/2022
68439973 . 1/22/2022 ,·,;,~
':1s;.;r 69007898 2/22/2022
579648. 3/18/2022 008967 LOPEZ GARCIA, CRUZ 031022 3/10/2022 579649 3/18/2022 007564 LOWE'S COMPANIES, INC. 23027 3/8/2022 25297 3/3/2022
579650 3/18/2022 017284 LOWRIE, DANIEL 031022 3/10/2022 579651 3/18/2022 011389 MCINTOSH, DANNA 031022 3/10/2022 579652 3/18/2022 000502 MCMASTER-CARR SUPPLY C<72905362 2/14/2022 579653 3/18/2022 004299 MELLOTT, RODNEY 031022 3110/2022 579654 3/18/2022 02 t152 MILAM, RICHARD 031022 3/10/2022 579655 3/18/2022 027155 MISSION LINEN SUPPLY 516607413 3/7/2022 516607406 3/7/2022
516521254 2/21/2022
516607409 3/7/2022
516607408 3/7/2022
516607411 3/7/2022
516607410 3/7/2022
579656 3/18/2022 033925 MM JONES & COMPANY, LLC 821-2309 1/25/2022 579657 3/18/2022 026823 MOORE, DAVID 031022 3/10/2022
Descriotion
IRRIGATION SUPPLIES #1327
IRRIGATION SUPPLIES #1327
IRRIGATION SUPPUES #1327
IRRIGATJON SUPPLIES #1327

SIGNAL SUPPUES

SIGNAL SUPPLIES

POOL EQUIPMENT
CFO #2006--1 (MARBLEHEAD (

VHSP CONCERT RESTROOM

VHSPTILE

EMPLOYEE SERVICE AWARD

POOL -SUPPLIES

POOL SUPPLIES
CUSTOMER #71635749 OR 71
CUSTOMER #71'635749 OR 71
CUSTOMER #71635749 OR 71
CUSTOMER #71635749 OR 71

EMPLOYEE SERVICE AWARD
#0333392 SUPPLIES
#0333392 SUPPLIES

EMPLOYEE SERVICE AWARD
EMPLOYEE SERVlCE AWARD

EQUIPMENT & TOOLS

EMPLOYEE SERVICE AWARD
• EMPLOYEE SERVICE AWARD

UNIFORM RENTAL

UNIFORM RENTAL
MISSION LINEN - MAINT SVC!
MISSION LINEN - MAINT SVC:

RENTAL AND CLEANING OF L

REFUND OFWMP FEE

EMPLOYEE SERVICE AWARD
Page: 5
Amount Paid Check Total
501.68
218.04

54.50 628.37 1,402.59
2,148.27
404.04 2,552.31
452.55 452.55
1,142.67 1,142.67
1,438.43 1,438.43
1,125.00 1,12'5.00
1,5-01.60 1,501.6-0

50.00 50.00
181.32
576.66 757.98

88.65 88.65
244.00
244.00 665.30
300.00 300.00

19.38 145.26 164.64
250.00 250.00
300.00 300.00
136.10 136.10
300.00 300.00
300.00 300.00

14.44 36.03

14.44 69.55

7.92 94.30
113.83 350.51
500.00 500.00

50.00 50.00
Page: 5
4-5-22 / 6C(1 )-6
apChkLst
03/16/2022 1 :34:08PM
Final Check List

SAN CLEMENTE
Bank: citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice ---------------------- Inv Date Description 579658 3/18/2022 006510
579659 3/18/2022 001207
579660 3/1-8/2022 029421
579661 3/18/2022 025·969
57966.Z 3/18/2022 001086
579663 311'8/2022 009680
579664 3/18/2022 033923
579665· 3/18/2022 033778
5,79666 3118/2022 002728
579667 3/18/2022 027521,
5,79668 3/18/2022 014556
579669' 3/18/2022 00363E}
579670. 3/18/2022 033634
579671 3ft8/2022 000267
579672 3/18/2022 006419
579673 3/18/2022 000067
579674 3/18./2022 000207
579675 3118/2022 006852
579676 3/18/202'2 009471
579,577 3/18/2022 014469
579678 3/1812022 014469
MOTA, JOH-N 031022
OFFICE DEPOT 220024335002
228574980001
228434781001
OHANA, JACOB 031022
OMNI ENTERPRISE INC CSG0308222
CSC0308223
CSC03082216
CSC03082210
CSC0308221
ORANGE COUNTY TREAS/TNSH61594
PARWES"fTURF SERVICES 11156866
PARKE, RICHARD· Ref002508688
• PASSPORT LABS INC INV-1026145
INV-1-024661
INV-1026902
. INV-1025423
I NV-1:023920
INV-1029076
PETTY CASH 030322
PILLOW, JOSH 031022
PONSEN, ZACHARY 031022
POSTER COMPLIANCE CENTIINV-761092
PRIDESTAFF INC 301511625
R & R INDUSTRIES, •NC 617684
RAIN FORRENT 1706079,
1696833
RINCON TRUCK CENTER INC 340013
340168
ROD'S.TREE SERVICE INC 120-105-22
ROOTX FOAMING ROOT CON679Zr
ROSTRO, ARMANDO 031022
RYAN, TODD 031022
RYAN, 10DD 021822
3/10/2022 EMPLOYEE SERVICE AWARD
2/17/2022· OFFICE SUPPLIES NC #8983:
2/15/2022 OFFICE SUPPUESAiC #8983'.
2/15/2022 OFFl'CE SUPPLIESA/C#8983:
3110/2022 EMPLOYEE SERVICE AWARD
3/8/2022 OMNI CLEAN - JANITORIAL - I\
3/8/2022 OMNICLEAN - JANfTORfAL - I\
3/8/2022 ADD'L SANl,tZING & DlSINFE
3/8/2022 ADD'L SANITIZING & mslNFE
3/8/2022 OMNIClEAN-JANITORIAL ~ I\
3/1/2022 AUTOMATED FINGERPRING I
2/26/2022 LAPPING COMPOUND
3/9/2022 UB Refund Cst#t00727
10/31/2021 OCTOBER-MOBILE PAY FEES
8/31/2021 AUGUST MOBILE PAY FEES
11/30/282'1 NOVEMBER MOBfLE PAY FEE
. 9/30/202,1, . SEPTEMBER MOBtLE PAY FE
7/31/2021 JULY MOBILE PAY FEES
2128/2022 MOBILE PAY FEES
3/3/2022 REPLENISH PETTY CASH
3/10/2022 EMPLOYEE SERVICE AWARD
3/10/2022 EMPLOYEE SERVICE .AWARD
1/31/2022 CA LABOR LAW POSTERS 20
2/27/2022 GOLF COURSE GROUNDS KE
3/2/2022 MISC. SAFETYWEAR
2/17/2022 POLY TANK. RENTAL FOR WR
1/19:/2022 POLY TANK RENTAL FOR WR
2122/2022 PARTS
2/15/2022· PARTS
3/3/2022 TREE WORK
• 3/4/2022 COLLECTION SYSTEMS ROO
3/10/2022: EMPLOYEE SERVI.CE AWARD
3/10/2022 EMPLOYEE SERVICE AWARD
2/18/2022 DOT PHYSICAL REIMBURSEf\
Amount Paid
400.00

25.84 105.57

61.38 50.00
8,268..75
4,587.19
1,200.00
600.00
18,285.75
2;527'.00
188.5-7
207.00
546.39
527.02
482.3-5
461.47
. 96.30
697.80
144.38

50.00 250.00
772.57
1,728.00
722.11-
2,576.50
2,571.00
127.68

65.88 2,350.00
13',248.63,
300.00
250.00

70.00 Page: 6
Check Total
400.00
192.79 .

50.00 32,9.41.69-
2,527.00
188.57
207.00
2,811.3-3 -
144.38

50.00 250.00
772.57
1,728.00
722::'11
5,147.50
193.56
2,3.50.0.0
1-3.,248.63
300.00·
250.00

70.00 Page:6
4-5-22 I 6C( 1 )-7
apChklst
03/16/2022 1 :34:0SPM
Final Check List

SAN CLEMENTE
Bank : citv BANK OF THE WEST {Continued)
Check# Date _ v.;;... e=n=d=o-=-r -'-----'--------- =ln;..;.vo=i=ce.:;__ __ 579679 3/18/2022 014307
579680 3/18/2022 008656
579682 3/18/2022 001174
579683 3/18/2022 018241
579684 3/18/2022 002274
579685 3/18/2022 029285
579686 3/18/2022 015191
579687 3/18/2022 021122
579688 3/18/2022 033924
579689 3/18/2022 033922
· 579~90 3/18/2022 008830
579691 3/18/2022 033960 •
579692 3/18/2022 030848
579693 3/18/2022 027220
579694 • 3/18/2022 032877
579'595 3/18/2022 033577
579696 3/18/2022 02-1244
579697 3/18/2022 000311
579698 3/18/2022 002755
579699 3/18/2022 033873
579700 3/18/2022 000817
579701 3/18/2022 003204
SAN CLEMENTE TIMES LLC 12854
12789
12790
12788
SAN CLEMENTE, CITY OF 120221-030722
SAN DIEGO GAS & ELECTRIC031822G
030322A
030422
030122
030222
SAN DIEGO PADRES 111884
• SAN JOAQUIN HILLS TC A FEB2022
SANTA MARGARITA WATER D 11668 .

SCHNEIDER, KEITH 031022
SCOTT, MEREDITH 031022
SHANK, MELYNDA 031022
SHEEHAN, BRIAN AND SHAWE20-0371
SHERWIN-WILLIAMS 3602-5
SHERWOOD, EMILY 030822
SHILPARK PAINT 15025650
SILVA, MICHAEL · 031022
SITEIMPROVE INC 116610422-001
SMITH, RILEY N 8
SOLAR, RANDY 031022
SOUTH COAST AIR QUALITY f3952883
3950697
3925575"
SOUTH COAST DISTRIBUTINC289637
.289367
289634
SOUTH COAST REFEREE AS~123
SOUTH COAST WATER QISTB3421
SOUTHERN CALIF GAS CO, lf\022822
030122A
030222
Inv Date Descriotion
2/25/2022 LEGAL ADS
2/25/2022 LEGAL ADS
2/25/2022 WATER CONSERVATION ADV
2/25/2022 PUBLIC NOTlCES
3/10/2022 RECREATION SCHOLARSHIP
3/18/2022 10112124370 DISTRIBUTION (
3/3/2022 0002166944878 DISTRIBUTIO
3/4/2022 0007041665671-DISTRIBUTIO
3/1/2022 0000046178238 DlSTRIBUTIO
3/2/2022 0019137335267 DISTRIBUTIO
2/3/2022 SAN DIEGO PADRES GAME~
1/27/2022 FEES COLLECTED
2/28/2022 . FY22 OPERATION AND MAIN1
3/10/2022 • EMPLOYEE SERVICE AWARD
3/10/2022 EMPLOYEE SERVICE AWARD
3/10/2022 EMPLOYEE SERVICE AWARD
10/23/2020 REFUND OF CASH BOND
3/7/2022 PAINT
3/8/2022 WELLNESS PROGRAM REIM.I
2/17/2022 PAINT BUCKET AND GLOVES
3/10/2022 EMPLOYEE SERVICE AWARD
3/2/2022 •• PVC EXPANSION REPAIRCOI
3/7/2022 ADULT SOFTBALL OFFICIAL
3/10/2022 EMPLOYEE SERV.JCE AWARD
2/16/2022 EMISSIONS FEE 134397
2/16/2022 ELEC GEN D1:ESEL FEES 134~
2/16/2022 .ANNUAL OPERATING FEE 16·
3/2/2022 SUPPLIES
2/18/2022 · SUPPLIES
3/2/2022 SUPPLIES
2/27/2022 ADULT SOCCER OFFICIALS
3/1/2022 FY22 CIP FOR SOUTH COAS1
2/28/2022 07737028683 GAS SERVICES
3/1/2022 0590075590 GAS SERVICES
3/2/2022 11753986915 GAS SERVICES
Amount Paid
148.96
343.71
918.00
217.95
452.00
62,919.91
18,704.34
2,289.49
23,518.50
12,824.97
1,347.00
511,013.78
3,168.41
250.00
200.00

50.00 71,600.00

81.24 50.00

34.92 50.00

80.58 160.00
200.00
142.59
440.15
880.30

94.24 182.64
1,001.11
330.00
7,345.06
.18,832.73
10,110.21
211.15
Page:7
Check Total
1,628.62
452.00
120,257.21
1,347.00
511,013.78
3,168.41
250.00
200.00

50.00 71,600.00

81.24 50.00

34.92 50.00

80.58 160.00
200.00
1,463.04
1,277.99
330.00
7,345.06
29,154.09
Page: 7
4-5-22 I 6C( 1 )-8
apChkLst
03/16/2022 1 :34:0SPM
Final Check List

SAN CLEMENTE
Bank: city BANK OF THE WEST (Continued}
Check# Date Vendor Invoice Inv Date Descriotion ------------------ 579702 3/18/2022 000208 579703 3/18/2022 028725
579704 3/18/2022 025947
579705 3/18/2022 016085
579706 3/18/2022' 019173
579707 3/18/2022 015005
579708 3/18/2022 011040
579709- 3/18/2022 003436
579710 3/18/2022 016695
579711 • 3/18/2022 021465
&79712 3/18/20Q2 001-190
579713 3/18/2022 010834
579?1A .3/ta/2022 013109.
5797t5 3/18/2022 031058
579716 3/18/2022 020106
579717 3/18/2022 005046
579-718 3/18/2022 03-2472
579-719 3/18/2022 0305,71
579720 3/18/2022 004531
579721 3/18/2022 008174
57'9722 3/1·8/202-2 031253
579723. 3/18/2022 003389
57'972:4 3-/18/2022 00113-1
5-79725 3/18/2022 027108
5?9726 3/1:8/2022 016254
SOUTHERN COUNTIES FUEU2062570-IN 2/10/2022 CYPRUS SHORE EMERGENC SPAN, EILEEN 030122 3/1/2022 - CONTRACT INSTRUCTOR PA
SPRAGUE, STEP-HEN 031022 3/10/2022 EMPLOYEE SERVICE AWARD STATE OF CALIFORNIA P1865512SN 3/4/2022 AMUSEMENT RIDE GREEN Tl

STETSON ENGINEERS INC

STINETT, JENNIFER

SWRCB FEES

TONY'S LOCKSMITH

TOP QUALITY ROOFING
P1865514SN 3/4/2022 AMUSEMENT RIDE RED OPEi
23&1-1401 2/24/2022 CONSULTING SERVICES
030822 3/8/2022 WELLNESS PROGRAM REIM!
WD-0-198753 1/5/2022 ANNL FEE WASTE DfSCHARC
45100- 2/17/2022 CYUNDERSREPLACEMENT
45137 2/23/2022 KEYS
B21-0140 2/1/2021: REFUND OF WMP FEE
B21-0750 4/1/2021' REFlJNDOF WMP FEE
B21-1538 7/26/2021 REFUND OF WMP FEE
TRAFFIC MANAGEMENT PRO817491 1/6/2022- StGNS ~ STREET
USA BLUE BOOK 894114 3/1/2022 SUPPUES •
VANDAL STOP PRODUCrS 2255 12/1712021 VANDAL STOP SUPPLIES VERIZON _ _ _ 9900383346 2/25/2022 . CITYWIDE CELLULAR SERVI( 9900383345 212:512022 • cfrvw1OE cEU::ut::AR-sERvlc
WARWICK GROUP CONSULTJ22-220-1 1/31/20-22 PN 43690- FfEDERAL LOBBY! 22-220-2 2/28/2022 PN 43690 - FEDERAL LOBBY !
WASTE MANAGEMENT 0052128-25-10-2 3/112022 GUST #8-22128-45006 WELLS PIPELINE MATERIALS SINV22-1453 2/28/2022 P'iPELINE MATERIALS SINV22-1452 2/28/2022 PIPEUNE MATERIALS
SfNV22-~1451 2/28/2022 PIPEUNE MATERIALS
WEST COAST ARBORIST, INC183102 2/28/2022 WCA-TREE MNT. SVCS. SUF 183-101· 2/28/2022 WCA-TREE MNT. SVCS: BA~
WEST COAS:r CODE CONSUL222-02-458-01 3/7/2022 WEST COAST CONSULTANn WEST COAST SAFETY SUPPL3670894 2/28/2022 SAFETY SUPPLIES WEST COAST SAND & GRAVE469137 3/2/2022 SCREENED FILL SAND WESTFALL, RACHEL 030722 3/7/2022 CONTRACT INSTRUCTOR PA WHITE CAP CONSTRUCTION 500-17828209 1/26/2022 SUPPLIES - GRAVEL BAGS WHfTE, EILEIEN BERNADETTESCPC-01-2022 3/7/2022 PROFESSIONAL SERVICES

WILLIAMS, ERIN
WILLKIE, CORRtE
SCPC-02-2022 3/7/2022 PROFESSIONAL SERVICES
031022 3/10/2022 EMPLOYEE SERVICE AWARD
25 3/7/2022 ADULT SOFTBALL OFFICIALSPage: 8
Amount Paid Check Total
1,480.50 1,480.50
5,955.60 5,955-.60

50.00 50.00
220.00
220.00 440.00
197.00 197.00

50.00 50.00
322_.oo 322.00
438.95

53.88 492.83
250.00
250.00
250.00 750.00
1,147.56 1,147.56
116.54 116.54
1,216.90 1,216.90
693.18
7,495 .. 94 S:,189.12
5,000.00
5,000.00 10,000.00
341.38 341:38
.2,190.34 -
883.55
883.55 3,957.44
3,072.00
14,080.00 17,152.00
18,088.68 18,088.68

64.51 64.51
641.68 641.68
724.50 724.50
3,697.9a 3,697.98
220.00
440.00 660.00

50.00 50.00
120.00 120.00
Page:8
4-5-22_ I 6C(1 )-9
apChklst
03/16/2022 1 :34:0SPM
Final Check List

SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date V_e_n_d_o_r __________ ___ ln ___ v___ oi ___ ce ____ _ 579727 3/18/2022 000870
579728 3/18/2022 027059
579729 3/18/2022 033926
· WITTMAN ENTERPRISES, LLC2202023
ZAPP PEST MANAGEMENT 16746
16931
16792
16674
16752
ZHELEZNYAK, TANYA 821-2413
Inv Date Descriot1on
3/10/2022 AMBULANCE BILLING SERVI(
2/25/2022 PEST CONTROL SERVICE
2/14/2022 PEST CONTROL SERVICE
2/25/2022 PEST CONTROL SERVICE
2/25/2022 PEST CONTROL SERVICE
2/25/2022 PEST CONTROL SERVlCE
3/10/2022 REFUND FOR CANCELLED Pl
Amount Paid
7,704.22
140.00
2,275.00
125.00
105.00
130:00

40.80 Page: 9
Check Total
7,704.22
2,775.-00

40.80 Sub total for BANK OF THE WEST: 1,387,045.01
Page: 9
4-5-22 I 6C(1)-10
apChklst
03/16/2022 1:34:0BPM
163 checks in this report.

Final Che_ck List

SAN CLEMENTE
Page: 10
Grand Total All Checks: 1,387,045.01
Page: 10
4-5-22 I 6C( 1 )-11
BBK Warrant Listing Detail
Warrant Listing Detailed Description
Retainer for Legal Services Fixed Rate Retainer Fee for General, Departmental and Non-Departmental Legal Services. In connection with the following matters: 01100, 01110, 01120, 01200, 01300, 01400, 1410, 01420, Anthem v. City of SC Anthem v. City of San Clemente (La Ventana)- Defense of Writ Petition and Complaint with regard to STLU at 2813 La Ventana
Land Use Non-Routine Land Use (Special) ,
Public Records Act Services in Connection with Public Records Act Requests- Budgeted 25 Hours Real Estate Real Estate/ Non-Routine Land Acquisition/Disposal (Special) PRAOverage Public Records Act (PRA} Overage-PRA work over 25 hours Public Records Act Services in Connection with Public Records Act Requests- Budgeted 25 Hours 4-5-22 I 6C( 1 )-12

CITY OF SAN CLEMENTE

CERTIFICATION OF WARRANTS

I HEREBY SUBMIT THE ATTACHED

WARRANT REGISTER FOR AUDIT

AND APPROVAL BY THE CITY

COUNCIL, CITY OF SAN CLEMENTE

CITY MANAGER
ATTEST: ---------- CITY CLERK

I HEREBY CERTIFY TO THE ACCURACY OF THE FOREGOING

DEMANDS AND THAT FUNDS ARE AVAILABLE FOR PAYMENT
THEREOF: ./.'.'. •

APPROVED AND ORDERED PAID AT

THE MEETING OF THE CITY COUNCIL
HELD 4' \5\ 2022-
IN THE AMOlJNf OF$ 1 071 766.05 ...:....i...:;.~~=-=----- MAYOR

PAID BY WARRANTS SIGNED BY LEGALLY

DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003

CITY TREASURER
4-5-22 I 6C(2)-1
apChkLst Final Check List Page: 1
03/24/2022 9:56:47AM SAN CLEMENTE
Bank : citv BANK OF THE WEST
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 2619 3/25/2022 001819 FEDERAL WITHOLDING TAX Ben2509188 3/25/2022 FEDERAL TAX: PAYMENT 153,730.55 153,730.55 2620 3/25/2022 000010 CALIF, STATE OF, EMPLOYMEBen2509192 3/25/2022 SDI INS: PAYMENT 6;262.77 6,262.77 2621 3/25/2022 014754 STATE DISBURSMENT UNIT Ben2509194 3/25/2022 CHILD SUPPORT: PAYMENT 2,729.06 2)29.06 2622 3/25/2022 004156 CALIF, STATE OF, EMPLOYMEBen2509190 3/25/2022 STATE TAX: PAYMENT 22,584.47 22,584.47 579730 3/25/2022 033908 ACOUSTIBLOK INC 10028587 2/28/2022 ACOUSTIBLOK - SOUND ATTI 27,116.75 27,116.75 579731 3/25/2022 010213 AFLAC Ben2509184 3/25/2022 AFLAC INSURANCE: PAYMEN 79.42 79.42 579732 3/25/2022 021039 AMERICAN RED CROSS 22409274 3/9/2022 LIFEGUARDING FOR CAW/ 8 45.00 45.00 579733 3/25/2022 025910 ARCADIAN BANK 022222 2/22/2022 HOUSING REHABILITATION L 15,000.00 15,000.00 579734 3/25/2022 000184 AWARDS N MORE 4970 3/16/2022 NAME PLATES 118.53 118.53 579735 3/25/2022 033952 BAIN, NICOLE 36127604 2/28/2022 REFUND OF DEPOSIT 50.00 50.00 579736 3/25/2022 033951 BARRY, ALLISON 36127759 2/28/2022 REFUND OF DEPOSIT 50.00 50.00 579737 3/25/2022 019454 BASICS OF SKATEBOARDING031022 3/10/2022 CONTRACT INSTRUCTOR PA 342.30 342.30 579738 3/25/2022 017537 BAUER, KRISTIN 35976889 2/22/2022 CLASS REFUND 202.00 35976949 2/22/2022 CLASS REFUND - SCHEDULE 202.00 404.00 579739 3/25/2022 027145 BEACH, NIKI 030922 3/9/2022 MILEAGE REIMR. -CALWEP P 81.90 81.90 579740 3/25/2022 001738 BEE MAN, THE 117053 3/14/2022 BEES REMOVAL 195.00 195.00 5797 41 3/25/2022 024972 BEST BEST & KRIEGER LLP 927360 2/17/2022 HOUSING HUMAN RIGHT C3 2,291.40 927369 2/17/2022 TRIANGLE SITE CONDEM 6,070.26
927358 2/17/2022 LITI/ADMIN HEARING 3,003.80
927367 2/17/2022 PUBLIC UT. COMPLEX 3,625.20
927361 2/17/2022 PRAWRIT 14,786.40
927371 2/17/2022 TCA/241 EXT-NON LIT 4,722.40 34,499.46 5797 42 3/25/2022 003200 BLAKELY, DANA L. 38405 3/9/2022 BUSINESS CARDS 1,024.33 1,024.33 5797 43 3/25/2022 032624 BLECKERT'S POWER SERVIC 1072 3/9/2022 CLEANING & TESTINF OF ALL 3,400.00 3,400.00 579744 3/25/2022 031545 BREWSTER, REBEKAH 031122 3/11/2022 WELLNESS PROGRAM REIM! 50.00 50.00 5797 45 3/25/2022 022197 CALIF FUELS & LUBRICANTS M874294-1 3/9/2022 RED DYED DIESEL 1,652.36 M874294-2 3/9/2022 .UNLEADED REGULAR 862.54 2,514.90
579746 3/25/2022 001182 CALIF, STATE OF, FRANCHISEBen2509186 3/25/2022 STATE TAX LEVY: PAYMENT 100:00 100.00 579747 3/25/2022 003231 CALIFORNIA DEPT OF JUSTIC566595 3/2/2022 FINGERPRINT PROCESSING 384.00 384.00 579748 3/25/2022 029136 CALIFORNIA STREET LIGHTll\822 3/14/2022 SL KNOCKDOWN-INSURANCI 7,800.00 7,800.00 579749 3/25/2022 027238 CALPINE ENERGY SOLUTION2207700160552· 3/18/2022 ELECTRICITY A/C #281216 122.27 2207700160552' 3/18/2022 ELECTRICITY A/C #281217 2.07
2207700160552' 3/18/2022 ELECTRICITY A/C #281215 1,668.53 1,792.87 579750 3/25/2022 033931 CALVILLO, MELISSA 35961879 2/22/2022 REFUND OF DEPOSIT 50.00 50.00 Page: 1
4-5-22 I 6C(2)-2
apChklst Final Check List Page: 2
03/24/2022 9:56:47AM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 579751 3/25/2022 022636 CARE AMBULANCE SERVICE 22-000414 3/11/2022 AMBULANCE SERVICES FY 2 26,012.08 22-000413 3/11/2022 AMBULANCE SERVICES FY 2 26,012.08 52,024.16 579752 3/25/2022 0339-50 CASTILLO, CYD 36127660 2/28/2022 REFUND OF DEPOSIT 50.00 50.00 579753 3/25/2022 012397 CENTRAL COMMUNICATIONS000024-381-791 3/1/2022 24/7 Professional AnswerinQ Se 395.94 395.94 579754 3/25/2022 01239-7 CENTRAL COMMUNICATIONS000024-381.-851 3/1/.2022 123-5154-571 MONTHLY ANS\ 29.25 000024-382-501 3/1/2022 123-5155-211 MONTHLY ANSV • 30.27 59.52 579755 3/25/2022 0195-19 CINTAS CORPORATION 1902874219 3/10/2022 WORK BOOTS 274.74 1902880578 3/14/2022 WORK SHIRTS 230.10 504.84
579756 3/25/2022 001241 COLONIAL LIFE & ACCIDENT Ben2509180 3/25/2022 ACCIDENT INSURANCE: PAYr 157.11 157.11 579757 3/25/2022 026046 COLTS LANDSCAPE INC 031422-1133 3/14/2022 N. BEACH TRAIL INSTALL COi 6,800.00 031422-1125 3/14/2022 COLTS - BCHS, ACCESS & PII 855.00 031422-1058 3/14/2022 COLTS-STREETSCAPE(SUF 3,630.00
031422-1114 3/14/2022 ... COLTS-STREETSCAPE (SUF 2,620.00 13,905.00 579-758 3/25/2022 001394 • . COOKPGAGOLF SHOP INC; [032222 . 3/22/2022 . 03/14/22 -03/20/22 WEEKLY P • 21,506,15. '21,506.15. • 579759 3/25/2022 00070-1 COUNTY OF ORANGE TAX CC988-009-67-00 • 1/7/2022 ···• PROPERTY TAX BILL 988-009- 5,893.62' · 5,893.62 579760 3/25/2022 006090 COX COMMUNICATIONS 060297301 3/4/2022 LANDLINE PHONE SERVICES 4,739.07 4,739.07 579761 3/25/2022 0195,13 CULINARY COOKING KIDS, LL031422 3/14/2022 CONTRACT INSTRUCTOR PA 31-5.00 315.00 579762· 3/25/2022 000168 CWEA-TCP 363777 2/22/2022 MEMBERSHIP RENEWAL - J. 1 192.00 192.00 5-79763 3/25/2-022 00264 7 DENAULT'S HARDWARE, INC 510024 3/16/2022 HARDWARE &_ MAINT SUPPL! 34.89. 510007 3/15/2022 HARDWARE & MAINT SUPPL! 19.87
509938 3/11/2022 HARDWARE & MAINT SUPPLI 5.86
509982 3/14/2022 HARDWARE & MAINT SUPPL! 35.74
509960 3/12/2022 HARDWARE & MAINT SUPPL! 73.67
509917 3/9/2022 HARDWARE & MAINT SUPPL! 27.61
510017 3/16/2022 HARDWARE & MAINT SUPPL! 46.53 244.17
579764 3/25/2022 033851 DIAMOND CONSTRUCTION & PP1 3/8/2022 PN 19516 - CALLE REAL WATI 49,045.70 49,045.70 579765 3/25/2022 004462 DOHENY PLUMBING, INC. 61972 3/7/2022 FIX TOILET AT THE DRIVING I 514.50 514.50 579766 3/25/2022 0339-33 DONNELLY, MELISSA 35962295 2/22/2022 REFUND - CLASS CANCELLE 175.00 35962297 2/22/2022 REFUND - CLASS CANCELLE 100.00 275.00 579767 3/25/2022 033930 DOVETON, TANYA 35961864 2/22/2022 REFUND OF DEPOSIT 50.00 50.00 579768 3/25/2022 009540 DUDEK & ASSOCIATES, INC. 202201314 3/14/2022. PN 12563 - COUNCIL CHAMBI 20,062.50 20,062.50 579769 3/25/2022 004177 E STEWART & ASSOC INC 7588S 3/14/2022 BOCA DE CANON TO CALIFIA 450.00 75898 3/14/2022 BEACH TRAIL-RUT REPAIRS 1,260.00 1,710.00 579770 3/25/2022 030202 ENVIRONMENTAL COMP EXPl22004-112 2/28/2022 HAZARDOUS MATERIALS BU: 2,835.00 2,835.00 579771 3/25/2022 003450 FOOTHILL/EASTERN TRANS PJULY2021 7/31/2021 FEES COLLECTED 682.17 682.17 Page:2
4-5-22 I 6C(2)-3
apChklst
03/24/2022 9:56:47 AM
Final Check List

SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date _Ve_n_d_o_r __________ =ln;;..;.v=oi=ce"'---- 579772 3/25/2022 033955
579773 3/25/2022 013733
579774 3/25/2022 015195
579775 3/25/2022 031392
579776 3/25/2022 001926
579777 3/25/2022 032998
579778 3/25/2022 033949
579779 3/25/2022 033437
579780 3/25/2022 033965
579781 3/25/2022 033961
. 579782 3/25/2022 · 030400
579783 3/25/2022 003619
579784 3/25/2022 007033
579785 3/25/2022 028147
579786. 3/2-5/2022 022623
579787 3/2'5/2022 008609
579788 3/25/2022 001721
579789 3/25/2022 026109
579790 3/25/2022 027839
579791 3/25/2022 026322
579792 3/25/2022 019816
579793 3/25/2022 -033963
579794 • 3/25/2022 007564

GARCIA, DAISY

GENSLER

GMU GEOTECHNICAL, INC

GOUD, ANDRIANA
GRAINGER, INC, W.W.
36127530
994313
61273
• 18959400
0100
9245238838
9239363691
GREEN ZONE WASH WATERL001183
GREEN, ANNIE 36127717
HALLEY, KAREN 031022
HAYDEN, DOUG & DELLA B20-0524
HERITAGE BBQ 032322
HUEY, BROOKE 36127736
ICMA RETIREMENT TRUST #3Ben2509176
IMPERIAL SPRINKLER SUPPL'4989715-00
5031886-00
IMSA 66966
JCTEES.COM CORPORATION 7817
JOHNSTONE SUPPLY OF SAN2095327
2096430
KNORR SYSTEMS, INC. S1237410
KREUZER CONSULTING GR022-024
LANCE SOLL & LUNGHARD LL032122
LANDA, ELVA 35961841
LGC GEOTECHNICAL INC 01-17236
LO,NG BEACH BMW MOTORC'42804
LOWE'S COMPANIES, INC. 986755
09770
57203
11824
23220
11325
909477
24999
909417
Inv Date Descriotion
2/28/2022 REFUND OF DEPOSIT
3/15/202~ OCSD SUBSTATION ARCHITE
2/28/2022 ENG21-350, 214 W MARIPOSJ
11/26/2019 REFUND OF DEPOSIT
11/11/2021 LOS MOLINO$ MURAL TOUCI
3/15/2022 HARDWARE/ EQUIPMENT
3/9/2022 HARDWARE/ EQUIPMENT
3/12/2022 CITY FLEET VEHICLE WASHII
2/28/2022 REFUND OF DEPOSIT
3/10/2022 INSTRUCTOR PAYMENT
10/14/2020 REFUND OF WMP-FEE
3/23/2022 CATERING FOR EMPLOYEE E
2/28/2022 REFUND OF DEPOSIT
3/25/2022 DEFERRED COMP ICMA: PAY
2/7/2022 IRRIGATION SUPPLIES #1327
3/10/2022 IRRIGATION SUPPLIES #1327
3/1/2022. IMSA EXAM & BOOK FEES - J
3/10/2022 UNIFROMS
3/8/2022 SWAMP COOLER
3/15/2022 • CREDIT - GLASSES
3/16/2022 POOL EQUIPMENT
3/10/2022 PN 22307 - AVE. VICTORIA SIi
3/21/2022 LSL GASS UPDATE - RAHN &
. 2/22/2022 REFUND OF DEPOSIT
2/28/2022 ENG22-007, 3008 LAVENTAN,
3/10/2022 BMW MOTOR SERVICE - CLU
12/16/2021 #0333392 SUPPLIES
3/10/2022 #0333392 SUPPLIES
3/9/2022 #0333392 SUPPLIES
3/7/2022 #0333392 SUPPLIES
3/10/2022 #0333392 SUPPLIES
3/16/2022 #0333392 SUPPLIES
2/9/2022 #0333392 SUPPLIES
3/11/2022 #0333392 SUPPLIES
2/2/2022 #0333392 SUPPLIES
Amount Paid

50.00 4,474.50
1,560.60

50.00 750.00
248.91
3,901.05
720.75

50.00 694.40
• 750.00
5,732.30

50.00 29,610.71
313.84

10.13 1,460.00
4,896.24

1.,414.74
-415.95
240.32
9,883.00
190.00

50.00 812.50
1,484.02
817.88

17.34 1,037.94

81.84 13.07
493.82

23.10 119.43

43.98 Page:3
Check Total

50.00 4,474.50
1,560.60
800.00
4,149.96
720.75

50.00 694.40
750.00
-S,732.30

50.00 29,610.71
323.97
1,460.00
4,896.24
998.79
240.32
9,883.00
190,00

50.00 812.50
1,484.02
2,648..40
Page:3
4-5-22 I 6C(2)-4
apChkLst Final Check List Page:4
03/24/2022 9:56:47AM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 579795 3/25/2022 024832 MAXIM, STEPHANIE 36127818 2/28/2022 REFUND OF DEPOSIT 50.00 50.00 579796 3/25/2022 012-772 MBF CONSULTING, INC. 1800-1581 3/9/2022 PROFESSIONAL SERVICES - 3,000.00 1800-1580 3/9/2022 PROFESSIONAL SERVICES - 1,260.00
1800-1579 3/9/2022 PROFESSIONAL SERVICES - 6,360.00 ·
1800-1578 3/9/2022 PROFESSIONAL SERVICES - 1,440.00
1800-1577 3/9/2022 . PROFESSIONAL SERVICES - 240.00
1800-1576 3/9/2022 PROFESSIONAL SERVICES - 2,400.00
1800-1575 3/9/2022 PROFESSIONAL SERVICES - 3,840.00
1800-1586 3/9/2022 PROFESSIONALSERVICES - 1,140.00
1800-1585 3/9/2022 PROFESSIONAL SERVICES - 1,860.00
1800-1584 3/9/2022 PROFESSIONAL SERVICES - 1,860.00
1800-1583 3/9/2022 PROFESSIONAL SERVICES - 4,680.00
1800-1582 3/9/2022 PROFESSIONAL SERVICES - 1,740.00 29,820.00 579797' 3/25/2022 000502 MCMASTER-CARR SUPPLY C(74000037 3/3/2022 EQUIPMENT & TOOLS 21.41 73982250 3/3/2022 EQUIPMENT & TOOLS 16.56 37.97
579798 3/25/2022 027155 MISSION LINEN SUPPLY 516649987 3/14/2022. MISSION LINEN - MAINT SVC! 69.55 516649984 3/14/2022 UNIFORM RENTAL 36.14 105.69
579799 · 3/25/2022 033928 MOCTEZUMA, GABRIELLE 35961765 2/22/2022 REFUND OF DEPOSIT 50.00 50.00 579800 3/25/2022 031067' MONGE, TANYA • 36127800 2/28/2022 REFUND OF DEPOSIT 50.00 50.00 579801 3/25/2022 033953 MORAN.KAILA 36048323 2/25/2022 REFND - CHANGED MIND 367.00 367.00 579802 3/25/2022 033929 MORENO, MARIA 35961812 2/22/2022 REFUND OF DEPOSIT 50.00 50.00 579803- 3/25/2022 000514 NATIONAL SAFETY COMPLIM89170 2/28/2022 D.O.T. DRUG TESTING, ALCC 277.17 277.17 579804 3/25/2022 027206 NGUYEN ENVIRONMENTAL c,022822 2/28/2022 PROFESSIONAL SVC -COMPl 1,750.00 1,750.00 579805 3/25/2022 025176 NICHOLS CONSULTING ENGll790033010 2/22/2022 CLEAN OCEAN FEE RATE STI 928.75 928.75 579806 3/25/2022 031605 NORTHSTAR CHEMICAL 218790 3/14/2022 SUPPLY & DELIVERY OF SOC 3,383.35 3,383.35 579807 3/25/2022 030289 OCCUPATIONAL HEALTH CTR74342025 2/9/2022 PHYS LEVEL 2, DOT PHYSICP 282.00 74415161 2/16/2022 PHYS LEVEL 2, DOT PHYSICP 314.00
74481387 2/24/2022 PHYS LEVEL 2, DOT PHYSICP • 122.00
74556423 3/2/2022 PHYS LEVEL 2, DOT PHYSICP 801.00 1,519.00 579808 3/25/2022 020603 O'CONNELL ENGINEERING & PPS 3/11/2022 MONITORING SERVICES FOF 83,988.00 83,988.00 579'809 3/25/2022 001207 OFFICE DEPOT 231862097 3/7/2022 . ERGONOMIC FURNITURE NC 3,372.18 3,372.18 Page:4
4-5-22 I 6C(2)-5
apChkLst
03/24/2022 9:56:47AM
Final Check List

SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date _Ve __ n_d_o_r __________ _ ln_vo_ic_e __ _ Inv Date Description 579810 3/25/2022 001207
579811 3/25/2022 033927
579812 3/25/2022 033947
579813 3/25/2022 025959
579814 3/25/2022 008563
579815 3/25/2022 001086
579816 3/25/2022 009680
579817 :._;3/25/2022 009583
579818 '3/25/2022 015190
579819"Bi3/Z:5/2022 030825
579820' "3/25/2022 010978
579821 3/25/2022 008613
579822 3/25/2022 033634
579823 3/25/2022 024076
579824 3/25/2022 000267
579825 3/25/2022 001029
579826 3/25/2022 025965
579827 3/25/2022 000067
579828 3/25/2022 033954
579829 3/25/2022 033946
579830 3/25/2022 033956
579831 3/25/2022 000635
579832 3/25/2022 001174
OFFICE DEPOT 227515380001 2/24/2022 OFFICE SUPPLIESA/C #8983'. 228533212001 2/24/2022 OFFICE SUPPLIES A/C #8983'.
228643102001 2/24/2022 OFFICE SUPPLIES A/C #8983'.
231001495001 3/3/2022 OFFICE SUPPLIES A/C #8983'.
231010259001 3/9/2022 OFFICE SUPPLIES A/C #8983'.
232443660001 3/7/2022 OFFICE SUPPLIES A/C #8983'.
232437630001 3/7/2022 OFFICE SUPPLIESA/C #8983'.
232443667001 3/4/2022 -- OFFICE SUPPLIES A/C #8983'.
234542997001 3/16/2022 CREDIT FOR OFFICE SUPPL!
O'GORMAN, IAN 35961742 2/22/2022 REFUND OF DEPOSIT
O'KANE, MICHAEL 36141395 2/28/2022 REFUND - MEDICAL REASON OMNI ENTERPRISE INC CSC2203 3/10/2022 JANITORIAL SERVICES ONESOURCE DISTRIBUTORSS6905077.001 3/2/2022 SUPPLY
ORANGE COUNTY TREAS/TNPW220317 11/4/2021 CONTRACT -WATER QUALIT PAR WEST TURF SERVICES 11158356 3/8/2022 LAPPING COMPOUND PAYFLEX SYSTEMS USA INC 100576-167916C 3i10/2022 ADMIN FEES HEALTH/ DEP C PAYFLEX SYSTEMS, USA Ben2509182 3/25/2022 SEC 125 MEDICAL: PAYMENT -PEARSON, CHRISTINE 35962578 2/22/2022 REFUND OF DEPOSIT PETTY CASH 031622 3/16/2022 REPLENISH PETTY CASH
POLYDYNE, INC 1624157 3/15/2022 SUPPLY & DELIVERY OF POL:

PRIDESTAFF INC 301513956 _ 3/6/2022 GOLF COURSE GROUNDS KE PRIORITY LANDSCAPE SVCS 12329 2/21/2022 PRIORITY - LANDSCP EAST(:
11931 2/28/2022 MONTH IRRIGATION MATER!,
- R & R INDUSTRIES, INC 614727 3/2/2022 - CITYAPPAREL
RED WING SHOE STORE 2022020303620! 2/3/2022 A/C #36205 I WORK BOOTS RESERVE ACCOUNT 031522 3/15/2022 POSTAGE FOR CITY MAILING RINCON TRUCK CENTER INC 340374 2/23/2022 PARTS
339992 2/28/2022 PARTS
340483 3/1/2022 - PARTS
RIOS, EDITH 36127516 2/28/2022 REFUND OF DEPOSIT
ROCHE, SUSAN 36136821 2/28/2022 REFUND OF DEPOSIT
ROSAS, SERGIO 36127565 2/28/2022 REFUND OF DEPOSIT
SAN CLEMENTE CITY EMPLO'Ben2509178 3/25/2022 DUES - SCCEA: PAYMENT SAN DIEGO GAS & ELECTRIC 030722 3/7/2022 0027990887365 DISTRIBUTIO 031122G 3/11/2022 0006191078453 DISTRIBUTIO
Amount Paid

64.20 58.72

9.04 56.28

66.13 6.78
109.05

15.71 -15.71

50.00 595.00
150.00

87.13 6,545.12

94.29 243.78
3,326.22

50.00 178.58
14,092.62
2,152.80
832.00
6,566.63
232.12
200.00
3,000.00

83.88 477.85
477.85

50.00 50.00

50.00 1,442.00
187.09
66,120.18
Page: 5
Check Total
370.20

50.00 595.00
150.00
-87.13
6,545.12

94.29 243.78
3,326.22

50.00 178.58
14,092.62
2,152.80
7,398.63
232.12
200.00
3,000.00
1,039.58

50.00 50.00

50.00 1,442.00
66,307.27
Page:5
4-5-22 I 6C(2)-6
apChkLst
03/24/2022 9:56:47AM
Bank : city BANK OF THE WEST (Continued)
Final Check List

SAN CLEMENTE
Check# • Date Vendor Invoice Inv Date Description ---------,----------- 579833 3/25/2022 009896 579834 3/25/2022 028020
579835- 3/25/2022 028119
579836 3/25/2022 003857
579837 3/25/2022 033861
579838 3/25/2022 002755-
579839 3/25/2022 000817
579840 3/25/2022 003204
579841 3/25/2022 000208
579842 3/25/2022 033957
579843 3/25/2022 006483
579844 3/25/2022 025058
579845 3/25/2022 032032
579846 3/25/2022 019220
579847 3/25/2022 021433
579848 3/25/2022 033793
579849 3/25/2022 003436
579850 3/25/2022 029090
579851 3/25/2022 033884
579852 3/25/2022 000976
SANTA MARGARITA WATER D001140130-5112 3/10/2022
· 001140130-5029 3/10/2022
001140130-5231 3/10/2022
001140130-5230 3/10/2022
001140130-5230 3/10/2022
000940050-457€ 3/10/2022
000940050~4484 3/10/2022
$1LVER & WRIGHT LLP 28905 1/1/2022
29010 1/1/2022
SMART ENERGY WATER 4972 3/11"/2022
SOCAL FIRST AID & SAFETY 42-022347 3/14/2022
42-022348 3/14/2022
SORENSEN, ASHLEY 35362060 1/31/2022
SOUTH COAST DISTRIBUTINC289813 3/9/2022
289836 3/9/2022
289858 3/10/2022
289971 3/16/2022
SOUTH COAST WATER DISTR3342 2/22/2022
3257 2/10/2022
SOUTHERN CALIF GAS CO, IM30222A 3/2/2022
SOUTHERN COUNTIES FUEU2073034-IN • 2/28/2022
SPEARS, SPARKLE 35964434 2/22/2022
STANTEC CONSULTING INC 1897857 3/10/2022
STOTZ EQU·IPMENT P75226 1/5/2022
SUNSTATE EQUIPMENT CO Ll10611947-001 3/8/2022
THE ADVANTAGE GROUP 139811 2/28/2022
THE PIN CENTER 1121031 11/8/2021
THOMCO CONSTRUCTION IN1PP2 3/15/2022
TONY'S LOCKSMITH 38693 3/11/2022
44383 3/7/2022
44603 3/9/2022
45210 2/24/2022
TRENCH PLATE RENTAL CO 408162 2/11/2022
TRI PEPI, SMITH & ASSOC INC7661 2/28/2022
TURBO DATA, INC 37067 2/28/2022

WATER SERVICES

CODE ENFORCEMENT LEGA
OCSD· LEGAL SERVICES FOR

CREDIT CARD PROCESSING

FIRST AID SUPPLIES

REFUND - WRONG LEVEL

SUPPLIES

SUPPLIES
FY22 OPERATION AND MAINl
FY22 OPERATION AND MAINl
01060702006 GAS SERVICES
FUEL PURCHASES FY 2021-2

REFUND OF DEPOSIT
PNS 17337 18325 - PICO CLA!

OIL LINE

BOOM LIFT

COBRAADMINISTRATION

SEAL EMBLEM
PN 12563 - CITY HALL COUNC

KEYS - STEED CONCESSION

INSTALL NEW LEVER - LG DC

ADJUST & LUBECONCESSIO

CYLINDERS REPLACEMENT

CS EMERGENCY PS CONCRE

COMMUNITY HEALTH
CITATION PROCESSING FY 2·
Amount Paid
148.16
1,174.74
651.10
873.40
124.43

76.81 957.38
8,344.83
8,300.00
6,459.72
217.03
153.13

57.00 1,633.38
2,150.69
1,928.99
579.24
63,534.25
1,192.59
188.11
15,741.90
150.00
756.00
360.71
1,438.00
219.45
677.00
159,742.09
278.00
-450.42
175.00
1,203.48
702.24
4,958.75
2,085.85
Page: 6
Check Total
4,006.02
16,644.83
6,459.72
370.16

57.00 6,292.30
64,726.84
188.11
15,741.90
150.00
756.00
360.71
1,438.00
219.45
677.00
159,742.09
2,106.90
702.24
4,958.75
2,085.85
Page:6
4-5-22 I 6C(2)-7
apChklst Final Check List
03/24/2022 9:56:47 AM . SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check # Date Vendor Invoice .::.==-=-------------.;.;;.;..:,..;;;.;~--- 579853 3/25/2022 007027 TURF STAR, INC . 7216542-00
579854 3/25/2022 016334
579855 3/25/2022 033932
579856 3/25/2022 033945
579857 3/25/2022 000012
579858 3/25/2022 024697 .
579859 3/25/2022 009596
7216348-00
VISION SERVICE PLAN (CA) 814468754.
814468760
VOGTMAN, ERIN 35961892
WELD, CRYSTAL 36132307
WILLDAN FINANCIAL SERVICE010-50721 __
WOOD ENVIRONMENT & S64111565
S64111564
S64111263
WQI WD4098
WD4097
Inv Date
3/14/2022
3/11/2022
2/19/2022
2/19/2022
2/22/2022
2/28/2022
3/9/2022.
3/10/2022
3/10/2022
1/3/2022
3/4/2022
3/4/2022
Page:?
Descriotion Amount Paid Check Total
IRRIGATION PARTS 53.55
BED KNIFE - TOURNAMENT 172.96 226.51
A/C #30-005394-0001 VISION I 4,093.28
NC #30-005394-0002 VISION I 717.67 4,810.95
REFUND OF DEPOSIT 50.00 50.00
REFUND - SCHEDULE CONFt 149.00 149.00
CFD 99-1 SPECIAL TAX REFU 3,500.00 3,500.00
STORM WATER MONITORINC: 3,000.00
STORM WATER MONITORINC: 982.85
STORM WATER MONITORINC: 2,211.20 6,194.05
WATER TREATMENT/ DIST. F 4,500.00
WATER TREATMENT/ DIST. F 4,000.00 8,500.00
Sub total for BANK OF THE WEST: 1,071,766.05
Page:7
4-5-22 I 6C(2)-8
apChklst
• 03/24/2022 9:56:47AM
134 checks in this report.

Final Check List

SAN CLEMENTE
Page: 8
Grand Total All Checks: 1,071,766.05
Page:8
4-5-22 I 6C(2)-9
BBK Warrant Listing Detail
Warrant·Listing Detailed Description
Housing Human Right Assistance to Special Counsel and General Services in Defense of Federal Homeless Litigation Triangle Site Condem Triangle Site Condemnation
Liti/Admin Hearing General Litigation/ Admin Hearings (Special)- general litigation matters (as defined under Brown Act) Public Ut. Complex Public Utilities- Complex
PRA Writ PRA Writ
TCA/241 Ext-Non Lit TCA- Non-litigation transactional work related to proposed San Clemente SR-241 4-5-22 I 6C(2)-10
4-5-22 I 6C(3)

CITY OF SAN CLEMENTE

CERTIFICATION OF WARRANTS

I HEREBY SUBMIT THE ATTACHED

WARRANT REGISTER FOR AUDIT

AND APPROVAL BY THE CITY

COUNCIL, CITY OF SAN CLEMENTE

CITY MANAGER
ATTEST: _________ _

CITY CLERK

I HEREBY CERTIFY TO THE ACCURACY OF THE FOREGOING

DEMANDS AND THAT FUNDS A A AILABLE FOR PAYMENT
THEREOF:

APPROVED AND ORDERED PAID AT

THE MEETING OF THE CITY COUNCIL
HELD 22..

IN THE AMO NT F $ ~1_10~0-1_99~.2_2 ___ _
MAYOR

PAID BY WARRANTS SIGNED BY LEGALLY

DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003

CITY TREASURER
4-5-22 I 6C(3)-1
apChklst Final Check List Page: 1
03/30/2022 12:11:39PM SAN CLEMENTE
Bank : city BANK OF THE WEST
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 2623 4/112022 002474 CA PUB EMPLOY RETIREMENPP06/22 3/20/2022 PERS CONTRIBUTIONS 5,718.91 5,718.91 2624 4/1/2022 024009 CA PUB EMP RETIREMENT S'rPP#06/22 3/20/2022 PERS CONTRIBUTIONS FOR 83,278.01 83,278.01 579860 4/1/2022 016621 4IMPRINT.COM 22612048 • 3/24/2022 SPECIAL-EVENT SUPPLIES Ii 2,303.44 2,303.44 579861 4/1/2022 033880 4LEAF INC J4020A 3/23/2022 CONTRACT PERMIT TECHNIC 1,190.00 1,190.00 579862 4/1/2022 024081 AZ SAN CLEMENTE PARTNEF040122 4/1/2022 PARKING LOT LEASE AGREE 350.00 350.00 579863 4/1/2022 016780 ABDELMUTI DEVELOPMENT (040122 4/1/2022 USE OF PARKING LOT AT 100 700.00 700.00 579864 4/1/2022 032825 ACTION RESEARCH AR22-1015 3/18/2022 AGREEMENT FOR BUSINESS 2,905.00 2,905.00 579865 4/1/2022 023612 ADVANCED WEB OFFSET 22-0480 3/21/2022 FALL MAGAZINE 6,235.67 6,235.67 579866 4/1/2022 009876 ALL CITY MANAGEMENT svc:75901 3/9/2022 FY2021.:.2022 CROSSING GU 9,004.15 9,004.15 579867 4/1/2022 033790 ALLIANCE STORAGE TECHNC179437 3/7/2022 STORAGE LIBRARY UPGRAD 3,899.91 3,899:91 579868 4/1/2022 009202 AMAZON 457589848963 2/16/2022 SUPPLIES 1,279.96 698699367474 2/16/2022 SUPPLIES 26.93
498574783384 2/16/2021 SUPPLIES 32.13
473586946367 2/16/2022 SUPPLIES 53.73
473376555979 2/17/2022 SUPPLIES 21.54
458546367743 2/1712022 SUPPLIES 67.02 -, 499735363836 2/28/2022 SUPPLIES 184.70 983567698893 2/28/2022 SUPPLIES 94.16
464566698734 3/2/2022 SUPPLIES 192.10
693749557889 3/2/2022 SUPPLIES 6.44
585757746466 3/8/2022 SUPPLIES 1,722.92
564376377965 2/22/2022 CREDIT FOR SUPPLIES -67.02
676476883734 2/17/2022 SUPPLIES 203.65
793954685759 2/17/2022 SUPPLIES 300.36
766967537483 2/23/2022 SUPPLIES 88.32
458865757738 . 2/23/2022 SUPPUES 69.98
864489569778 2/24/2022 SUPPLIES 65.61 4,342.53
579869 4/1/2022 005201 APPLE ONE 01-6239892 3/16/2022 APPLEONE 1,121.38 1,121.38 579870 4/1/2022 014243 ARCMATE MANUFACTURING 11NV192610 • 3/24/2022 CLEAN-UP SUPPLIES/EARTH 872.97 872.97 579871 4/1/2022 033994 ARMENTROUT.HALEY Ref002509239 3/23/2022 UB Refund Cst#104791 57.13 57.13 579872 4/1/2022 024288 ARMOR FENCE CONCEPTS 032222-01 3/22/2022 VHSP FENCE INSTALLATION 3,938.82 3,938.82 579873 4/1/2022 019070 ATOM COMPANY INC 19641 2/22/2022 SAW CUT ASPHALT 525.00 525.00 579874 4/1/2022 019898 ATS COMMUNICATIONS 914517 3/2/2022 LA035978 - MAR 2021 PAYME 567.00 914402 2/28/2022 LA23187D - FEB. 2021 PAYME 632.01 1,199.01 Page: 1
4-5-22 I 6C(3)-2
apChkLst Final Check List Page: 2
03/30/2022 12:11:39PM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 579875 4/1/2022 000184 AWARDS N MORE 4984 3/22/2022 NAME PLATES 91.59 4982 3/22/2022 GLASS AWARD 123.91 215.50
579876 4/1/2022 025638 BAKER INTERNATIONAL INC, 1142615 3/17/2022 PN 10801 - MONTALVO & RIVI 16,760.01 1142707 3/18/2022 PN 12807- AQUATIC PUMP R· 8,646.60 25,406.61 579877 4/1/2022 024030 BAY ALARM COMPANY 17749307 9/24/2020 4027670 MONITORING SERVI 78.00 17828676 10/15/2020 4027670 MONITORING SERVI 180.00
18155988 1/15/2021 4027670 MONITORING SERVI 180.00
18478342 4/15/2021 4027670 MONITORING SERVI 180.00
1877783-9 7/15/2021 4027670 MONITORING SERVI 180.00
19054136 10/15/2021 4027670 MONITORING SERVI 190.80
19317746 1/15/2022 4027670 MONITORING SERVI 190.80 1,179.60 5-79878 4/1/2022' 006409 BAY CITY INDUSTRIAL SUPPL'237870 1/13/2022 PARTS/HARDWARE. 694.56 240643 • 3/15/2022 PARTS/HARDWARE 3,811.75
240510 3/11/2022 PARTS/HARDWARE 2,710.79 7,217.10
579879 4/1/2022 007922 BEE BUSTERS 133906 3/10/2022 REMOVAL OF COLONY BEES 175.00 175.00 579880 4/1/2022 001738 BEE MAN, THE 117160 3/21/2022 BEES. REMOVAL 180:00 180.00 579881 4/1/2022 024972 BEST BEST & KRIEGER LLP 925118 1/20/2022 LABOR AND EMPLOYMENT 3,933.00 925122 1/20/2022 EMPLOYEE BENEFITS 342.00
920573 11/17/2021 AIR 3,737.00
922928 12/6/2021 AIR 2,90S.50
925418 1/25/2022 AIR 598.00 11,515.50
579882 4/1/2022 033995 BONUS, JEFFERY C Ref00:2509250 3/24/2022 UB Refund Cst #004659 3,499-.48 3,499.48 579883 4/1/2022 00262? BORELLA GEOLOGY, INC. ENG22-006 3/21/2022 GEOTECHNICAL REVIEW 150.00. 150.00 579884 4/1/2022 026424 BOUGHTON, MARJORIE T 040122 4/1/2022 PARKING LOT LEASE AGREE 116.66 116.66 579885, 4/1/2022 019062 CALIF COAST CARPET & FLO19924 2/3/2022 CARPET REPLACEMENT - ME 2,940.00 2,940.00 579886 4/1/2022 016382 CALIF RESOURCE RECOVER'10671 3/21/2022 CRRAANNUAL DUES 22-23 200.00 200:00, 5-79887 4/1/2022 004175 CALIFORNIA EMPLOYMENT D3Q2021 1/31/2022 STATE UNEMPLOYMENT INS 4,332.99 4,332.99 579888 4/1/2022 014672: CAPISTRANO CRANE SERVIC16084 3/16/2022 CRANE RENTAL 840.00 840.00 5-79889 4/1/2022 033B93 CARPENTER.COURTNEY Ref002509236 3/23/2022 UB Refund Cst #103408 52.63 52.63 579890 4/1/2022 026426 CARRICK, CYNTHIA T 040122 4/1/2022 PARKING LOT LEASE AGREE 116.66 116.66 579891 4/1/2022 009040 CDW GOVERNMENT, INC. • S369262 2/17/2022 ACCOUNT #3234512 1,543.28 S411568 2/18/2022 ACCOUNT #3234512 2,051.03
S538636 2/22/2022 ACCOUNT #3234512 141.13 3,735.44
57989-2 4/1/2022" 023466 CHEM PRO LABORATORY INC685450 3/23/2022 CHEM PRO-W.TRTMT COOL 329.00 329.00 579893 4/1/2022 00-3852 CHEMSEARCH, INC 7706335, 3/3/2022 SUPPLIES 457.94 457.94 Page:2
4-5-22 I 6C(3)-3
apChklst Final Check List Page: 3
03/30/2022 12:11:39PM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 579894 4/1/2022 028815 CIVICPLUS INC 222866 2/28/2022 CIVICREC ANNUAL SERVICE 3,965.42 222767 2/28/2022 CIVICREC ANNUAL SERVICE 1,500.00 5,465.42 579895 4/1/2022 027300 CUENTFIRST CONSULTING G13390 2/28/2022 PROJECT MANAGEMENT SEI 4,936.25 4,936.25 579896 4/1/2022- 003559 COASTAL ANIMAL SERVICES ,MAR22 3/1/2022 CONTRACTED SERVICES 76,743.33 76,743.33 579897 4/1/2022 026046 COLTS LANDSCAPE INC 032122-1229 3/21/2022 COLTS - BCHS, ACCESS & PII 6,960.00 6,960.00 579898 4/1/2022 001417 CONSOLIDATED ELECTRIC 011019696 3/15/2022 MATERIALS 805.28 1020056 3/15/2022 MATERIALS 1,801.33 2,606.61
579899 4/1/2022 001394 COOK PGAGOLF SHOP INC, [032922 3/29/2022 03/21/22 - 3/27/22 WEEKLY PA 23,918.94 23,918.94 579900 4/1/2022 006090 COX COMMUNICATIONS 058716701 3/10/2022 COX DATA AND VIDEO SERVI - 6,473.12 051121801 3/4/2022 COX DATAANDVIDEO SERVI - 268.00
060853001 2/21/2022 COX OATAAND VIDEO SERVI 123.33 6,864.45 579901 4/1/2022· 006090 COX COMMUNICATIONS 052093001 3/12/2022 LANDLIN-E PHONE SERVICES 20.39 20.39 579902 4/1/2022 032735 CRANK WATERPROOFING 3866 3/23/2022 CRANK- 910 3RD FLR PATIO 16,754.21 16,754.21 579903 4/1/2022 023400 CREATIVE PARTIES FOR KID~1881BAL 2/9/2022 BALANCE FOR CONTRACT B 225.00 225.00 579904 4/1/2022 033849 CSG CONSULTANTS INC 42012 2/11/2022 -CSG CONSULTANTS PSA FOF 20,860.00 20,860.00 579905 4/1/2022 018859 CULLIGAN OF SANTAANA 1249298 2/22/2022 REPLACEMENT OF OLD AND 2,783.00 2,783.00 579906 4/1/2022 031112 CYBER MARKETING NETWO-FCUHADAROGU 3/3/2022 CUHADAROGLU BOOTS 105.31 105.31 579907 4/t/2022 002749 DELTA DENTAL OF CALIFORN BE004871527 2/28/2022 DENTAL CLAIMS & ADMIN CO 18,70'5.63 18,705.63 579908 4/1/2022 ·002647 DENAULT'S HARDWARE, INC 510169 3/24/2022 HARDWARE & MAINT SUPPL! 20.54 509939 3/11/2022 HARDWARE & MAINT SUPPL! 85.29
509937 3/11/2022 HARDWARE & MAINT SUPPLI 2.47
_509944 3/11/2022 HARDWARE & MAINT SUPPLI 19.37
510125 3/22/2022 HARDWARE & MAINT SUPPLI 34.91
510106 3/21/2022 HARDWARE & MAINT SUPPL! 69.77 232.35
579909 4/1/2022 015986 DESTEFANO, LOUIS 94 3/23/2022 ADULT SOFTBALL OFFICIAL 160.00 160.00 579910 4/1/2022 004177 E STEWART & ASSOC INC 7598S 3/24/2022 E.STEWART- CITY TRAILS (B 6,841.00 - 7595S 3/21/2022 CLEANING AND REMOVAL 4;055.00
7596S 3/21/2022 CLEANING AND REMOVAL 3,755.00
7594S 3117/2022 CLEANING AND REMOVAL 2,255.07 16,906.07 579911 4/1/2022 033608 ELLER, DENNIS 12 3/23/2022 ADULT SOFTBALL OFFICIAL 160.00 160.00 579912 4/1/2022 010878 EWING IRRIGATION PRODUC-16247694 3/11/2022 IRRIGATION SUPPLIES A/C#4 856.62 16247687 3/11/2022 IRRIGATION SUPPUESA/C#4 1,713.24 2,569.86 579913 4/1/2022 012157 FERGUSON WATERWORKS 0782501-1 3/14/2022 CUSTOMER #847552, 878902, 89.82 89.82 579914 4/1/2022 033991 FILSOOF, NAVID Ref002509234 3/23/2022 UB Refund Cst #102395 14.49 14.49 579915 4/1/2022 033989 FISCHER, BARBARA Ref002509232 3/23/2022 UB Refund est #067508 537.48 537.48 Page:3
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apChklst Final Check List Page:4
03/30/2022 12:11:39PM SAN CLEMENTE
Bank: citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 5799,16 4/1/2022 001145 FLO-SYSTEMS, INC · F18589-21A268 3/11/2022 HYDROGRITTER + PARTS 3,386.92 3,386.92 579917 4/1/2022 002662 GANAHL LUMBER CO 020774920 2/28/2022 SUPPLIES/REPAIR PARTS 475.28 475.28 579918 4/1/2022 0163-76 GCI CONSTRUCTION INC 0908356 10/19/2021 DEPOSIT REFUND HYDR ME" 731.48 PP3 3/21/2022 PN 10016 - N ECR/SAN CLEM! 79,963.95 80,695.43 579.919 4/1/2022 02'49·3.0 GENERAL DATA CO,. INC. - SC0105016 . 3/25/2022 TONER FOR DESK TOP PRIN' 100.53 009-3327 1/21/2022 MAINTENANCE KIT REPLACE 404.07
0104223 3/22/2022 TONER FOR DESK TOP PRIN' 95.20 599.80 579920 4/1/2022 032612 GIANT CO2 132904 3/18/2022 CHEMICAL SUPPLIES 166.78 166.78 579921 4/112022 033990 GIRARD, MARCIA Ref002509233 3/23/2022 UB Refund Cst#088674 102.78 102.78 579922 4/1/2022 001887 GONG ENTERPRISES, INC 8911 2/21/2022 PLAN CHECK 83-5.00 8910 2/2112022 PLAN CHECK 1,560.00 2,395.00
579923- 4/1/2022 028872 GOTO TECHNOLOGIES USA 111208703722 3/24/2022 ANNUAL SUBSCRIPTION 4;860.00 4,860.00 579924 4/1/2022 001926 GRAINGER, INC, W.W. 9248797962 3/17/2022 HARDWARE/ EQUIPMENT 333.53 9250650992 3/21/2022 HARDWARE/ EQUIPMENT 238.56
9254092837 3/22/2022 HARDWARE/ EQUIPMENT 413.30
9253977889 3/22/2022 HARDWARE/ EQUIPMENT 646.64
9253503917 3/22/2022 HARDWARE/ EQUIPMENT • 223.55
9248631971 3/17/2022 HARDWARE/ EQUIPMENT 1,000.59
9247167613 3/16/2022 HARDWARE/ EQUIPMENT 993.32 3,849.49 579925 4/112022. 017866 GREENWOOD, JOHN J 040122 4/1/2022 PARKING LOT LEASE AGREE 350.00 350:00 579926 4/1/2022 001140 HACH COMPANY 12939-178 3/21/2022 LAB SUPPLIES 352.60 12936381 3/18/2022 LAB SUPPLIES 559.65
12924117 3/10/2022 LAB SUPPLIES 826.68 1,738.93
579927 4/1/2022 023511 HARPER. EVERETT 102 3/23/2022 ADULT SOFTBALL OFFICIAL 320.00 320.00 579,928 4/1/2022 002045 HIRSCH PIPE & SUPPLY 8161861 3/16/2022 FACILITIES - MAINT. OF BUILI 42.46 42.46 579929 4/1/2022 033160 HMC ARCHITECTS 160919 2/10/2022 PN 31501 - MARINE SAFETY F 21,250.00 161532 3/15/2022 PN 31501 - MARINE SAFETY F 17,000.00 38,250.00 579930 4/1/2022 0339a7· IMPACT CANOPIES USA AAAQ12206 2/23/2022 OCSD CANOPIES 2,044.50 2,044.50 579931 4/1/2022 008609 JOHNSTONE SUPPLY OF SAN2095670 3/21/2022 SIGNAL SUPPLIES 559.18 559.18 579932· 4/1-/2022 006381 JTB SUPPLY COMPANY, INC 109851 • 1/5/2022 SIGNAL SUPPLIES 9,589.75 109846 1/5/2022 SIGNAL SUPPLIES 858.13
109958 21812022: SIGNAL SUPPLIES 2,276.55
110127 3/17/2022 SIGNAL SUPPL! ES 507.55 13,231.98
579,933- 4/1/2022 013115 KIMLEY-HORN AND ASSOC, ln0942615 2/28/2022 PN 24300 - DESIGN LRSP LOC 1,226.98 1,226.98 579934 4/1'/2022 001721 KNORR SYSTEMS, INC. S1237508 3/23/2022 FEED TUBE - AQUATIC 229.48 229.48 Page:4
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apChklst Final Check List Page:5
03/30/2022 12:11:39PM SAN. CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 579935 4/1/2022 026513 KNOWBE4, INC INV174250 2/25/2022 PHISH-ER SUBSCRIPTION 2,763.00 2,763.00 579936 4/1/2022 020138 . KRIEGER ELECTRIC 32823 3/20/2022 TRAIN STOP 960.00 960.00 579937 4/1/2022 028234 KUNTZ, DAMON 040122 4/1/2022 PARKING LOT LEASE AGREE 350.00 350;00 579938 4/1/2022 033403 L3 ELECTRIC INC 2022-980 3/18/2022 CH COPIER CIRCUIT RELOCJ ·2,850.00 2,850.00 579939 4/1/2022 026274 LESLIE-GARCIA, ANNE 031522 3/15/2022 CONTRACT INSTRUCTOR PA 3,346.49 3,346.49 579940 4/1/2022 005524 LESLIE'S POOL SUPPLIES INC00087-02-05160, 3/17/2022 POOL SUPPLIES 825.85 825.85 579941 4/1/2022 022698 LEWIS, JAMES Ref002509237 3/23/2022 UB Refund Cst#103687 41.78 Ref002509240 3/23/2022 UB Refund Cst#104897 187.79 229.57 579942 4/1/2022 005749 LINDELL, CARL Ref002509229 3/23/2022 UB Refund Cst #006056 113.26 113.26 • 579943 4/1/2022 007564 LOWE'S COMPANIES, INC. 23247 3/22/2022 #0333.392 SUPPLIES 78.40 10540 3/24/2022 #0333392 SUPPLIES 179.50
22190 3/15/2022 #0333392 SUPPLIES • 30.64
25979 3/15/2022 #0333392 SUPPLIES 244;72
23933 3/17/2022 #0333392 SUPPLIES 168.29
24258 3/22/2022 #0333392 SUPPLIES 28.65
16478 3/18/2022 #0333392 SUPPLIES 36.81
23653 3/3/2022 . #0333392 SUPPLIES 129.52
24426 3/15/2022 #0333392 SUPPLIES 582.44 1,478.97
579944 4/1/2022 002552 LUCY, KAREN A MATHEWS 031522 3/15/2022 INSTRUCTOR PAYMENT 600.60 600.60 579945 4/1/2022 027327 LYFTINC 1001038399 2/28/2022 FY22 LYFT PSA FOR OCTA SC 13,866.73 1001034161 1/31/2022 FY22 LYFT PSAFOR OCTA SC 15,001.35 28,868.08 579946 4/1/2022 033992 MANESSE,KEN Ref002509235 3/23/2022 UB Refund Cst #103252 63.72 63.72 579947 4/1/2022 015082 MILES CHEMICAL COMPANY 651972 3/15/2022 SUPPLY & DELIVERY OF FER 6,179.61 6,179.61 579948 4/1/2022 027155 MISSION LINEN SUPPLY 516264443 1/10/2022 MISSION LINEN- MAINTSVC! 45.10 516264444 1/10/2022 MISSION LINEN - MAINT SVC! 7.92
516649989 3/14/2022 RENTAL AND CLEANING OF L. 82.20
516691758 3/21/2022 . MISSION LINEN - MAINT SVC! 69.55
516694280 3/21/2022 MISSION LINEN - MAINT SVC! • 230.00 516691760 3/21/2022 RENTAL AND CLEANING OF L 94.30
516691759 3/21/2022 RENTALANDCLEANING OF l 113.83
516264449 1/10/2022 BLACK MAT 14.44
516649988 3/14/2022 RENTAL AND CLEANING OF l 106.92
516691757 3/21/2022 MISSION LINEN - MAINT SVC: 7.92 772.18 579949 4/1/2022 014514 MITRAAUTOMATION INC 1949 3/7/2022 ELECTRICAL & CONTROL SY: 2,535.00 2,535.00 579950 4/1/2022 033918 MURF ELECTRIC BIKES LLC D1781 3/17/2021 ALPHA CARGO OBSIDIAN Bu 3,104.89 3,104.89 Page:5
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03/30/2022 12:11:39PM SAN.CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 579951 4/1/2022 014259 NEWEST CONSTRUCTION CCPP4 3/18/2022 CONTRACT FOR WRP DIGES. 24,510.00 24,510.00 579952 4/1/2022 023015 NURSERY PRODUCTS LLC 28301 3/1/2022 TRANSPORT OF BIOSOLIDS. 24,686.87 24,686.87 579953 4/1/2022 020603 O'CONNELL ENGINEERING & PP1 3/22/2022 PN 24200 - CAPISTRANO LAN 46,550.00 46,550.00 579954 4/1/2022 001207 OFFICE DEPOT 218193502001 12/23/2021 CREDIT FOR OFFICE SUPPL! -11.42 227313630001 2/28/2022 OFFICE SUPPLIES NC #8983'. 132.00 230373250001 3/14/2022 OFFICE SUPPLIES NG #8983'. 121.45, 230156838001 2/25/2022 OFFICE SUPPLIES NC #8983'. 87.73 231153704001 3/3/2022 OFFICE SUPPLIES NC #8983'. 28.27
231392607001 3/10/2022 OFFICE SUPPLIES NC #8983'. 133.35 232971674001 3/9/2022 OFFICE SUPPLIES NC #8983'. 76.91
232199465001 3/8/2022 OFFICE SUPPLIES NC #8983'. 41.51
232210169001 3/8/2022 OFFICE SUPPLIES NC #8983'. 59.26
229130260002 2/28/2022 OFFICE SUPPLIES NC #8983'. 19.06 233028330001 3/14/2022 OFFICE SUPPLIES NG #8983'. 168.07 233027872001 3/10/2022 OFFICE SUPPLIES NC #8983'. 19.36 23111'1733001 3/3/2022 OFFICE SUPPLIES NC #8983'. 10.32 231153706001 3/2/2022 OFFICE SUPPLIES NC #8983'. 258.58 231153705001 3/6/2022 OFFICE SUPPLIES NC #8983'. 596.78 215331237001 12/14/2021 OFFICE SUPPLIES NC #8983'. 11.42 228531678001 2/18/2022 OFFICE SUPPLIES NC #8983'. 54.56 232971673001 3/9/2022 OFFICE SUPPLIES NC #8983'. 10.98 1,818.19 57995-5 4/1/2022 016440 OLIN CORP - CHLOR ALKALI, 13000087389 3/21/2'022 SODIUM HYPOCHLORITE 12.: 4,672.13 4,672.13 579956 4/1/2022 025959 OMNI ENTERPRISE INC CSC0308224 3/8/2022 JANITORIAL SERVICE FOR u· 3,638.25 3,638.25 579957 4/1/2022 008563 ONESOURCE DISTRIBUTORSS6768474.001 12/10/2021 SUPPLY 2,422.22 2',422.22 579958 4/1/2022 008436 PACIFIC POINTE Ref002509231 3/23/2022 UB Refund Cst #036129 49.54 49.54 579959 4/1/2022 030172 PAJARO, REYLAN A 031522 3/15/2022 CONTRACT INSTRUCTOR PA 1,365.00 1,365.00 579960 4/1/2022 008603 PAPE MATERIAL HANDLING 1~6632245 3/16/2022 MAINTENANCE SERVICE 207.03 207.03 579961 4/1/2022 027282 PDQ INVESTMENTS LLC Ref002509238 3/23/2022 UB Refund Cst#104628 17.00 17.00 579962 4/1/2022 008613 POLYDYNE, INC 1623300 3/11/2022 SUPPLY & DELIVERY OF POL 6,393.89 6,393.89 579963 4/1/2022 033673 POWERCLEAN 7282 3/24/2022 POWERCLEAN - PRESSURE 1 5,385.00 5,385.00 . 579964 4/1/2022 033634 PRIDESTAFF INC 3015-16644 3/13/2022 GOLF COURSE GROUNDS KE 3,283.20 3,283.20 579965 4/1/2022 026777 PROPHET SOLUTIONS INC B20-1921 11/25/2020 REFUND OF WMP FEE 500.00 500.00 579966 4/1/2022 029653 PYE, PAUL 030722 3/7/2022 REIMBURSEMENT FOR UNIFt 143.51 143.51 Page:6
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apChklst Final Check List Page:7
03/30/2022 12:11:39PM SAN CLEMENTE
Bank : citv BANK OF THE WEST. (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 579967 4/1/2022 ·003944 • QUICK CRETE PRODUCTS CC124590 3/14/2022 CUSTOM CARE PROGRAM Bl 3,045.02 124589 3/14/2022 CUSTOM CARE PROGRAM Bl 2,937.27
124588 3/14/2022 CUSTOM CARE PROGRAM Bl 2,923.27
·124716 3/21/2022 REPLACEMENT PICNIC TABL 7,231.11 16,136.67 579968 4/1/2022 003798 R & R PRODUCTS, INC CD2647658 317/2022 ALLOY MACHINED SIDE-EJEC 941.79 941.79 579969 4/1/2022 · 006419 RAIN FOR RENT 1714314 3/14/2022 POLY TANK RENTAL FOR WR 2,576.50 2,576.50 579970 4/1/2022 001029 RED WING SHOE STORE 20220317036201 3/17/2022 A/C #36205 / WORK BOOTS 215.49 215.49 579971 . 4/1/2022 000067 RINCON TRUCK CENTER INC 340600 3/2/2022· PARTS 117.39 340413 2/28/2022 PARTS 218.81
340835 ·3/10/2022 PARTS 260.32
337565 .11/2/2021 PARTS 69.77 666.29
579972 4/1/2022 001174 SAN DIEGO GAS& ELECTRIC0~2222 3/22/2022 0052638245453 DISTRIBUTIO 21.40 032122 3/21/2022 • 0035968576381 DISTRIBUTIO 436.59
031722 3/17/2022 0027684968885 DISTRIBUTIO 24.88 482.87 579973 4/1/2022 005035 SCHROEDER,KAYNEA 032422 3/24/2022 · INSTRUCTOR PAYMENT 12,448.80 12,448.80 579974 4/1/2022 027377 SHI INTERNATIONAL CORP 814779248 2/17/2022 ARCSERVE BACKUP STORA( 1,860.84 1,860.84 579975 4/1/2022 002196 SIERRAANALYTICAL LABS, IN2B16040-BF 2/16/2022 TESTING AND REPAIRING ALI 729.50 729.50 579976 4W2022 028020 SILVER & WRIGHT LLP 29066 2/1/2022 OCSD LEGAL SERVICES FOR 8,300.00 29041 2/1/2022 CODEENFORCEMENTLEGA 12,098.73 20,398.73
579977 4/1/2022 032877 SITEIMPROVE INC US-7028 3/16/2022 SITEIMPROVE ANNUAL RENE 7,750.00 7,750.00 579978 4/1/2022 000912 SITEONE LANDSCAPE SUPPL 116261211-001 • 2/15/2022 NDS PRO-SPAN 104.35 116610422-001 3/2/2022 PVC EXPANSION REPAIR COi 80.58 184.93 579979 4/1/2022 033996 .. SMITH BROTHERS CONSTR 821;..2565 2/25/2022 REFUND OF WMP FEE 1,000.00 1,000.00 579980 4/1/2022 033577 SMITH, RILEY N 9 3/23/2022 ADULT SOFTBALL OFFICIAL 160.00 160.00 579981 4/1/2022 002755 SOUTH COAST DISTRIBUTINC289946 3/15/2022 SUPPLIES 193:41 193.41 579982 4/1./2022 033873 SOUTH COAST REFEREEASS124 3/13/2022 ADULT SOCCER OFFICIALS 330.00 330.00 579983 4/1/2022 000817 SOUTH COAST WATER DISTR3581 . • 3/14/2022 FY22 OPERATION AND MAIN1 63,534.25 3589 3/17/2022 FY22 CIP FOR SOUTH COAS7 67,850.33 131,384.58 579984 4/1/2022 003204 SOUTHERN CALIF GAS CO, IM30922 3/9/2022 09050726000 GAS SERVICES 38.86 38.86 579985 4/1/2022 000208 SOUTHERN COUNTIES FUEU2071777-IN 2/24/2022 UNl.,.EADED GASOLINE FOR 1 1,617.82 1,617.82 579986 ·41112022 011672 SPARKLETTS 6243099031922 3/19/2022 HOT& COLD·COOLER RENTA 40.93 40.93 579987 4/1/2022 030368 SPORTS FACILITIES GROUP IA14689 3/14/2022 WINDSCREEN - LIBERTY PAF 2,785.86 2,785.86 579988 4/1/2022 014098 STANDARD INSURANCE APR22 3/24/2022 INSURANCE 7,012.14 7,012.14 579989 4/1/2022 022514 STARFISH SIGNS & GRAPHIC!INV-5420BAL 12/22/2021 BALANCE DUE -OCSD CONF. 472.80 472.80 579990 4/1/2022 033122 STEALTHLOOP 1558 3/3/2022 SOUND EQUIPMENT & TECH 1,000.00 1,000.00 Page:7
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apChklst Final Check List Page: 8
03/30/2022 12:11:39PM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 579991 4/1/2022 033988 STEELE, ROBERT Ref002509230 3/23/2022 UB Refund est #008936 29.80 29.80 579992 4/1/2022 0W173 STETSON ENGINEERS INC 2351-1402 3/17/2022 CONSULTING SERVICES 2,364.00 2,364.00 5799-93 4/1/2022 026425 TAYLOR, WILLIAM D 040122 4/1/2022 PARKING LOT LEASE AGREE 116.66 116.66 579994 4/1/2022 032785 THE FRANK HC NAM BYPASS 040122 4/1/2022 ANNUALLEASEAGREEMENT 800.00 800.00 579995- 4/1/2022 033997 THE MCINTOSH FAMILYTRUSB18-1556 1/14/2019 REFUND OF WMP FEE 500.00 500.00 579996 4/1/2022 033998 THE SALL FAMILY TRUST E20-0070 4/16/2020 RELEASE OF CASH BOND DE 80,652.00 400724 3/22/2022 REFUND OF REMAINING DE\i 2,642.50 83,294.50 579997 4/1/2022 026315 THOMAS PARTITIONS & SPEC5239 3/10/2022 THOMAS PARTITIONS - SAN < 6,422.50 6,422.50 579998 4/1/2022 003436 TONY'S LOCKSMITH 44300 1/31/2022 OHBC - DOOR SWITCH REPL 305.81 305.81 579999 4/1/2022 029090 TRENCH PLATE RENTAL CO 418302 3/8/2022 RENTAL FOR CYPRUS SHOR 702.24 702.24 580000 4/1/2022 003567 TRENCH SHORING CO, INC Rl20174726 2/28/2022 CONCRETE K-RAIL / CYPRUS 474.00 474.00 580001 4/1/2022 022435 ULINE, INC. 146079572 3/9/2022 EMERGENCY SUPPLIES 386.48 386.48 580002 4/1/2022 029845 UNITED BLDG & DEVELPMT S849 1/7/2022 BUILD NEW STAIRS - OLD Cl- 1,576.00 1,576.00 580003 4/1/2022 001680 UNITED RENTALS- NORTH AM 203552267~001 3/4/2022 EQUIPMENT RENTAL 636.17 202713544-002 2/17/2022 BACKHOE/LOADER RENTAL f 6,357.91 6,994.08 580004 4/1/2022 001190 USA BLUE BOOK 912533 3/16/2022 SUPPLIES 186.08 716012 9/2/2021 SUPPLIES 544.55-
868440 2/4/2022 SUPPLIES 137.89
876341 2/11/2022 SUPPLIES 441.72 1,310.24
580005 4/1/2022 033001 VIATRON SYSTEMS INC PJ8565 3/1/2022 CANON VTX 260 SCANNER 969.65 969.65 580006 4/1/2022 033986 VICTORY LACROSSE, INC 031622 3/16/2022 INSTRUCTOR PAYMENT 1,820.00 1,820.00 580007 4/1/2022 003374 VULCAN MATERIALS COMPAl'73222241 3/11/2022 PAVING MATERIALS 2,256.35 2,256.35 580008 4/1/2022 002324 WALTERS WHOLESALE ELECS120028376.001 2/16/2022 MISC PARTS 1,907.18 1,907.18 580009 4/1/2022 024538 WALTON, TOBEY 031822 3/18/2022 REtMBURSEMENT FOR SAFE 211.90 211.90 580010 4/1/2022 003356 WATERLINE TECHNOLOGIES,5572563 3/22/2022 HYPOCHLORITE SOLUTIONS 1,526.82 5570464 3/4/2022 HYPOCHLORITE SOLUTIONS 33.40 1,560.22
580011 4/1/2022 005046 WELLS PIPELINE MATERIALS SINV22-1492 2/28/2022 FIRE HYDRANT MAINTENANC 5,053.48 SINV22-1556 3/7/2022 PIPELINE MATERIALS 130.92
SINV22-1673 3/16/2022 PIPELINE MATERIALS 2,967.44
SINV22-1491 2/28/2022 FIRE HYDRANT MAINTENANC 5,053.48 13,205.32 580012 4/1/2022 032472 WEST COAST ARBORIST, INC183616 3/15/2022 WCA-TREE MNT. SVCS. SUF 1,372.00 183615 3/15/2022 WCA-TREE MNT. SVCS. BA~ 9;728.00 11,100.00 580013 4/1/2022 004531 WEST COAST SAFETY SUPPL3670908 3/11/2022 SAFETY SUPPLIES 495.22 495.22 580014 4/1/2022 008174 WEST COAST SAND& GRAVE470676 3/8/2022 AGGREGATE BASE 1,255.82 472966 3/16/2022 AGGREGATE AND FILL BASE 1,992.60 3,248.42 Page: 8
4-5-22 I 6C(3)-9
apChklst
03130/2022 12:11 :39PM
Final Check List

SAN CLEMENTE
Page: 9
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice
580015 4/1/2022 003389 WHITE CAP CONSTRUCTION 10015476398 10015435207
50017515251
580016 4/1/2022 016254 WILLKIE, CORRIE 26
580017 4/1/2022 011451 XYLEM DEWATERING SOLUTl401146628 401150811
401152682
580018 4/1/2022 000566 ZUMAR INDUSTRIES, INC 96133
Inv Date Description
1/5/2022 CONSTRUCTION SUPPLY
12/23/2021 CONSTRUCTION SUPPLY
12/10/2021 CONSTRUCTION SUPPLY
3/23/2022 ADULT SOFTBALL OFFICIALS
2/3/2022 EMERGENCY RENTAL EQUIP
2/23/2022 EMERGENCY RENTAL EQUIP
3/3/2022 EMERGENCY RENTAL EQUIP
3/21/2022 STREET SIGNS
Amount Paid
614.57
725.15
717.68
240.00
3,180.68
5,236.65
3;180.68
695.74
Check Total
2,057.40
.240.00
11,598.01
695.74
Sub total for BANK OF THE WEST: 1,100,199.22
Page:9
4-5-22 I 6C(3)-10
apChklst
03/30/2022 12:11:39PM
161 checks in this report.

Final Check List

SAN CLEMENTE
Page.: 10
Grand Total All Checks: 1,100,199.22
Page: 10
4-5-22 I 6C(3)-11
BBK Warrant Listing Detail
Warrant Listina Detailed Description
AIR Applicant Initiated Reimbursable Services
Labor and Employment ,Labor and Employment (Special)
Employee Benefits Employee Benefits (Special)
. 4-5-22 I 6C(3)-12
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 wJJ
Approvals:

City Manager -=~- Dept. Head --- Attorney CJ'
Finance,~"'2---- .:::;.,
RESOLUTION STA TING THAT THE CITY OF SAN CLEMENTE DOES Nor CONSENT TO THE

STORAGE OF SPENT NUCLEAR FUEL AT THE SAN ONOFRE NUCLEAR GENERATING

STATION OR IN THE CITY OF SAN CLEMENTE
Fiscal Impact: None
Summary: Consideration of adopting a resolution to stating that the City of San Clemente does not consent to the storage of spent nuclear fuel at the San Onofre Nuclear Generating Station or in the City of San Clemente (Attachment 1 ).

Background: On March 15, 2022, the City Council requested a resolution stating that the City does not consent to the storage of spent nuclear fuel in response to the Department of Energy's consent-based siting process.

Plan and Policy
Consistency: General Plan Policy S-5.05. Disposal of Radioactive Fuel states, "We encourage the Federal government to establish a permanent, safe disposal site for spent nuclear fuel rods and the establishment of temporary sites, if needed, to move fuel away from San Clemente." -Adopting the proposed resolution to reaffirm the City's position would be consistent with General Plan Policy S-5.05 in that the resolution would continue to encourage the safe disposal of spent nuclear fuel from SONGS.

Recommended
Action: STAFF RECOMMENDS THAT the City Council adopt Resolution No. ---titled, "A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, THAT THE CITY OF SAN CLEMENTE DOES NOT CONSENT TO

THE STORAGE OF SPENT NUCLEAR FUEL AT THE SAN ONOFRE NUCLEAR GENERATING STATION OR IN THE CITY OF SAN CLEMENTE"
Attachments: 1. Resolution No. ___ titled, "A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, THAT THE CITY OF SAN CLEMENTE

DOES NOT CONSENT TO THE STORAGE OF SPENT NUCLEAR FUEL AT THE SAN ONOFRE NUCLEAR GENERATING STATION OR IN THE CITY OF SAN CLEMENTE" Notification: None
City Manager's Agenda Report 4-5-22 I 6D-1
ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AFFIRMING THAT THE

CITY OF SAN CLEMENTE DOES NOT CONSENT TO THE

STORAGE OF SPENT NUCLEAR FUEL AT THE SAN

ONOFRE NUCLEAR GENERATING STATION OR IN THE

CITY OF SAN CLEMENTE
WHEREAS, operators for San Onofre Nuclear Generating Station (SONGS) indicate that there will eventually be over 1800 metric tons of spent nuclear fuel stored at SONGS until a federal repository is available to accept the spent nuclear fuel; and WHEREAS, the United States Congress assigned the Department of Energy with the task of creating an underground repository for nuclear waste as a result of the Nuclear Waste Policy Act of 1982, which has yet to be completed; and WHEREAS, the Departi:nent of Energy is moving forward with a consent-based process to determine locations to store spent fuel.

NOW, THEREFORE, The City Council of the City of San Clemente does hereby resolve as follows: •
Section 1. The City of San Clemente does not consent to the storage of spent nuclear fuel, temporarily or permanently, at SONGS or in the City of San Clemente.

Section 2. The City of San Clemente supports, as a matter of high priority, the identification of a long-term safer storage site located away from populated areas and urges the near-term relocation of all nuclear waste from San Onofre to safer interim storage, if. needed as a precedent to ultimate relocation to a permanent safer site, all to assure that this waste is removed from San Onofre as soon as possible.

Section 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. •
PASSED AND ADOPTED this __ day of ______ _, __ _
ATTEST:

Legislative Administrator of the City
of San Clemente, California
Mayor of the City of San
Clemente, California
4-5-22 I 60-2
Resolution No. Page 2

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, Legislative Administrator of the City of San Clemente, California, do hereby certify that Resolution No. ____ was adopted at a regular meeting of the City Council of the City of San Clemente held on the ___ day of _________ _, -~---- by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this __ day of ______ ~ __ _ Approved as to form:

City Attorney

LEGISLATIVE ADMINISTRATOR
of the City of San Clemente,
California
4-5-22 I 6D-3
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: April 5, 2022
Public Works / Engineering Division
Amir K. llkhanipour, Senior Civil Engineer
Agenda Item
Approvals:

City Manager
(at:
lS~
Dept. Head ;:+/~-
Attorney ~~
Finance :::-_,.~""'}~ =---

APPROVAL OF PROFESSIONAL CONSUL TANT SERVICES AGREEMENTS WITH PACE, AKM

CONSULTING, LEE & RO, DUDEK, HOCH CONSULTING, PROJECT AND PARTNERS, AND PDM CONSUL TING FOR As-NEEDED MUNICIPAL UTILITIES AND CIVIL ENGINEERING DESIGN, AND

CONSTRUCTION SUPPORT SERVICES
Fiscal Impact: Yes. When work is authorized under these agreements, it will be funded from the approved Capital Improvement Program project budget.

Summary: The City's Capital Improvement Program includes a broad range of projects of varying scale and complexity. With the large number of existing and future projects, the City does not have the staff resources for design, construction management, and inspection services for all projects. To more effectively meet project demand for such services, staff recommends City Council approval of a Professional Consultant Services Agreement with Pace, AKM Consulting, Lee & Ro, Dudek, Hoch Consulting, Project Partners, and PDM Consulting for As-Needed Municipal Utilities and Civil Engineering Design, and Construction Support Services as discussed below.

Background: The Requests for Qualifications (Attachment No.1) was posted on the PlanetBids website to receive qualifications from interested consultants. On August 16, 2021, seven statements of qualifications were received from Pace, AKM Consulting, Lee & Ro, Dudek, Hoch Consulting, Project Partners, and PDM Consulting. Staff reviewed each consultants' qualifications and experience and recommends approval of asneeded agreements with all the consultants that responded to the City's request.

The types of projects needing services include:
• Water/Sewer Utilities
• Recycled Water Utilities
• Wastewater Treatment Plant Processing
• Wastewater Treatment Plant Equipment and Instrumentation • Water and Recycled Water Pump Stations
• Sewer Lift Stations
• Drainage Studies and Storm Drain Design
• Stormwater Quality Studies and Design
• Supervisory Control and Data Acquisition (SCADA) Design and Implementation • Project Management and Administration for all CIP project • Construction Management and Inspection for all Cl P project Engineering Agenda Report 4-15-22 I 6E-1
'Agenda Report
Recommended
Page2
The proposed scope of work will vary depending on the project type, scale, and complexity. The following are sample scope of work items identified for the as-needed services:
• Preliminary and final engineering and design services including preparation of plans and specifications for public bidding of projects. Engineering design services include construction cost estimates.
• Wastewater Treatment Plant Specialty Services to include mechanical troubleshooting and optimiz~tion.
• Permitting and environmental services for California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), and Coastal Commission requirements.
• Construction management and inspection services.
• Project Management and Administration.
• Surveying.

Depending on the number and of size of individual projects, staff may not have the resources to provide design or construction phase services. Typically, when there is a project that requires services beyond existing resources, staff issues a Request for Qualifications to hire a consultant. This process is staff intensive· and approval of individual Professional Consultants Services Agreements can take several months to process and execute.

With as needed agreements in place, staff wfll request proposals from at least two of the consultants that have the specific expertise needed. The proposals will provide the consultant's recommended scope of work, project team, and proposed fee. This information will be used to determine which consultant is most qualified for the specific project. Staff will present a recommendation to the Public Works Director/City Engineer for approval before proceeding with any consultant services.

Each of the as-needed agreements would be for a three-year term with two additional annual renewals at the City Manager's discretion. The agreements include the Consultants' proposed fee rates, which may be adjusted annually based on the Consumer Price Index. The total amount for each agreement will depend on the amount of tasks approved for each consultant. Since these are as-needed agreements, there is no guarantee that specific work will be requested or approved for any of the consultants.

Action: STAFF RECOMMENDS THAT the City Council:

1. Approve and authorize the Public Wqrks. Director to execute a Professional Consultant Services Agreement with PACE for As-Needed Municipal Utilities and Civil Engineering Design, and Construction Support Services;

2. Approve and authorize the Public Works Director to execute a Professional Services Agreement with AKM Consulting Group for As-Needed Municipal Utilities and Civil Engineering Design, and Construction Support Services;
4-15-22 I 6E-2
Agenda Report Page 3

3. Approve and authorize the Public Works Director to execute a Professional Services Agreement with Lee & Ro for As-Needed Municipal Utilities and Civil Engineering Design, and Construction Support Services;
· 4. Approve and authorize the Public Works Director to sign and execute a Professional Services Agreement with Dudek • for As-Needed Municipal Utilities and Civil Engineering Design, and Construction Support Services;

5. Approve and authorize the Public Works Director to sign and execute a Professional Services Agreement with Hoch Consulting Jor As-Needed Municipal Utilities and Civil Engineering Design, and Construction Support Services;

6. Approve and authorize the Public Works Director to sign and execute a Professional Services Agreement with Project Partners for As-Needed Municipal Utilities and Civil Engineering Design, and Construction Support Services;

7. Approve and authorize the Public Works Director to sign and execute a Professional Services Agreement with PDM Consulting for As-Needed Municipal Utilities and Civil Engineering Design, and Construction Support Services; and

8. Approve and authorize the Public Works Director to sign and execute .As-Needed Municipal Utilities and Civil Engineering Design, and Construction Support Services task authorizations under the approved master agreements, not to exceed $300,000 total per fiscal year for each consultant agreement, and provided funds are available in prior City Council approved project budgets.

Attachments: 1. Request for Qualifications
• 2. Professional Consultant Services Agreements
Notification: None.
s:\cd\engineering\secure\admin\2022\4-5\4-5-22-2r.docx
4-15-22 I 6E-3

CITY OF SAN CLEMENTE

I REQUEST FOR QUALIFICATIONS
• JULY15,2021

AS-NEEDED MUNICIPAL UTILITIES AND CIVIL
' ENGINEERING DESIGN AND CONSTRUCTION .

SUPPORT SERVICES
910 Calle Negocio
San Clemente, CA 92673
4-15-22 / 6E-4
. City Of San Clemente
Prospective Contractors:

REQUEST FOR PROPOSAL
JULY 15, 2021
The City of San Clemente (City) is interested in receiving Statement of Qualifications (SOQ) from Professional Services Consultants, hereinafter refened to c!,S Consultants and/or Contractors, for As Needed Municipal Utilities and Civil Engineering Design and Construction Support Services as described in detail in the attached Request for Qualifications (RFQ).

City Point of Contact:

The sole source of contact regarding this RFQ is Amir K. Ilkhanipour (949) 361-6140.

Individuals or firms interested in submitting a SOQ are asked not to contact other members of the City of San Clemente staff or Councilmembers in connection with the RFQ prior to the announcement of the consultant(s) selected.

SOQ's and all written inquires related to this RFQ are to be submitted confidentially to • Amir K. Ilkhanipour at the following address:

Proposal Closing Date:

Public Works Department/ Engineering
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Confidential
Three hard copies of each consultant's proposal must be received by the City not later than 4:00 p.m. on Tuesday, August 31, 2021. All proposals must be delivered to the ab.ove address. Proposals will become part of the official files of the City of San Clemente and cannot be returned.

Sincerely,
Amir K. Ilkhanipour, P.E.

Senior Civil Engineer •
4-15-22 I 6E-5

CITY OF SAN CLEMENTE

REQUEST FOR QUALIFICATIONS

AS NEEDED MUNICIPAL UTILITIES AND CIVIL ENGINEERING DESIGN

AND CONSTRUCTION SUPPORT SERVICES
A. INTRODUCTION
The City of San Clemente is seeking SOQ's from qualified contractors to provide As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services. Candidates will work closely with the City's Engineering and Utilities Divisions' staff on a broad range of engineering projects ranging in scale and complexity. The City has several projects scheduled for design and construction over the next few years.

B. PROJECT OBJECTIVES
Provide the City with As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services Contract for Public Works projects.

The As Needed Contract work will be for a three year duration with two additional annual renewals at the City's discretion. The contract total may be in an amount not-to-exceed $1,000,000 with a maximum upper limit of $250,000 per year for a total of 5 years. These are as needed contracts, and therefore, there is no guaranteed workload.

The City will likely issue three to five as needed services contracts. When tasks are identified, the City will request letter proposals providing the recommended scope of work, team, and proposed fee. The City will either negotiate directly with one consultant for a specific project or may request letter proposals from more than one consultant to help determine which consultant is the most qualified for the specific candidate project.

C. SCOPE OF WORK
The City has municipal projects in it's Capital Improvement Program (CIP) and is seeking utilities and civil engineering design and construction support services from qualified Consultants. The types of projects included, but not limited to, for this RFQ include:
4-15-22 I 6E-6
• Water/Sewer Utilities
• Recycled Water Utilities
• Wastewater Treatment Plant Processing
• Wastewater Treatment Plant Equipment and Instrumentation • Water and Recycled Water Pump Stations
• Sewer Lift Stations
• Drainage Studies and Storm Drain Design
• Stormwater Quality Studies and Design
• Supervisory control and data acquisition (SCADA) programing and instrumentation
• Construction Management and Inspection for all the above project types The scope of contracts will vary depending on the project types, scale, and complexity. The following are potential scope of work items identified for the asneeded services:
• Preliminary and final engineering and design services including preparation of plans and specifications for public bidding of projects. Engineering design services include engineer's construction cost estimates. • Wastewater Treatment Plant Specialty Services for mechanical troubleshooting and optimization.
• Permitting and environmental services for California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), and Coastal Commission requirements. •
• Construction management and inspection services.
• Surveying
D. DELIVERABLES
The Consultant is responsible for deliverables as defmed by each specific project scope of work and agreement. The following are deliverables which may be requested as needed and depend on the specific project scope of work:
• Design Report Memo including project schedule.
• Conceptual designs, studies and layouts.
• 60%, 90% and 100% complete and final design, plans & specifications for public bidding of the project.
• Engineer's construction cost estimate for fmal design. 4-15-22 / 6E-7
E. ATTACHMENT
Standard Professional Consultant Services Agreement.
4-15-22 / 6E-8

CITY OF SAN CLEMENTE

REQUEST FOR QUALIFICATIONS
As NEEDED MUNICIPAL UTILITIES AND CIVIL ENGINEERING DESIGN

AND CONSTRUCTION SUPPORT SERVICES

INSTRUCTIONS AND CONDITIONS
The following instructions and conditions apply to this RFP:

A. GENERAL CONDITIONS

1. Pre-Contractual Expenses
Pre-contractual expenses are defined as expenses incurred by the Professional Services Contractor ( contractor) in:
• Preparing a statement of qualifications in response to this RFQ • Submitting that SOQ to the City of San Clemente
• Negotiating with the City of San Clemente on any matter related to this RFQ, SOQ, and/or contractual agreement
• Any other expenses incurred by the Consultant prior to the date of an executed contract
The City of San Clemente shall not, in any event, be liable for any precontractual expenses incurred by any contractor. In addition, no Contractor shall include any such expenses as part of the price proposed to conduct the scope of work for this project.

2. Authority to Withdraw RFP and/or Not Award Contract
The City of San Clemente reserves the right to withdraw this RFQ at any time without prior notice. Further, the City makes no representations that any agreement will be awarded to any Consultant responding to this RFQ.

The City expressly reserves the right to postpone the opening of SOQ's for its own convenience and to reject any and all SOQ's in response to this RFQ without indicating any reasons for such rejection(s).
4-15-22 I 6E-9

RFQ - INSTRUCTIONS AND CONDITIONS

3. Pricing Approach
The City of San Clemente intends to award a Time & Materials (T &M) not to exceed price contract for the individual as needed on-call services as described above for projects. Any changes within the general scope of services or additional services not covered by the specific scope. of services in the project agreement, is subject to the Article 3 (PAYMENT) of the attached Professional Services Agreement.

In no event shall the Gty pay an amount in excess of the dollar value negotiated in the project agreement with the successful Contractor.

4. Right to Reject Proposals
The City of San Clemente reserves the right to reject any or all SOQ's submitted. Any award made for this engagement will be made to the contractor(s) which, in the opinion of the City, is best qualified to conduct future projects. •

5. Proposal Evaluation Criteria
SOQ's will be evaluated on the basis of their response to all provisions of this RFQ. The City of San Clemente may use some or all of the following criteria in its evaluation and comparison of SOQ's submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance:
a. ·Previous experience regarding the above project types b. Demonstrated record of success on work previously performed for the City or similar work performed for others
c. Project Lead
d. Education and experience of project teams
e. Ability to make effective public presentations of the report and/or design required
-f. Ability to work effectively with City staff, other public agencies and related parties as directed.during the course of the design, study or other services'
4-15-22 / 6E-10
. i

RFQ - INSTRUCTIONS AND CONDITIONS
g. Adequate knowledge oflocal conditions .

B. STATEMENT OF QUALIFICATIONS FORMAT AND CONTENT
SOQ 's Should be typed as brief as possible and not to exceed 20 pages total. They should not include any elaborate or unnecessary promotional material. The . following order and content of SOQ sections should be adhered to by each contractor.

I. Cover Letter
A cover letter not to exceed three pages in length should summarize key elements of the contractor's quaiifications. The letter must be • signed by an individual authorized to bind the contractor. Indicate the address and telephone number of the contractor's office located nearest to San Clemente, California, ~d the office from which the project will be managed.

II. Background and Approach
The Background and Approach Section should describe your understanding of the City, services offered, and the objectives to be accomplished.

III. Methodology(ies)
This section should clearly describe the general methodology or methodologies you plan to use to carry out the type of projects and disciplines described above.

IV. WorkPlan
Describe the sequential work tasks you plan to carry out in accomplishing these types of projects. Indicate key deliver~bles and their contents. Identify how much of the work willbe done on site. • • • Include any other tasks or services that you feel are necessary to accomplish the work described but are in not included in this request for proposals.

V. Project Organization and Staffing
4-15-22 / 6E-11

RFQ - INSTRUCTIONS AND CONDITIONS
Describe your approach and methods for project management.

Provide an organization chart showing all proposed project team members. Describe the responsibilities of each person on the project team. Identify the Project Manager and the person who will be the key contact with the City of San Clemente. Indicate the availability of the members of the project team for the duration of the as-needed services contract. Include information and staff support required from City personnel.

Include resumes for the Project Manager, key contact with the City, and the key task or discipline leaders. The resumes should be attached at the end of the SOQ and will not count towards the 20 page limit of the SOQ.

VI. Related Experience
Describe recent, directly related experience. Include on each listing:
the name of the client; description of the work done; primary client contact; address and telephone number; dates for the project; name of the Project Director and/or Manager and members of the proposed project team who worked on the project, as well as their respective responsibilities.

At least three references should be included: For each reference, indicate the reference's name, organization affiliation, title, ,complete mailing address and telephone number. The City of San Clemente reserves the right to contact any of the organizations or individuals listed.

VII. Project Schedule
(Does not apply to this RFQ)
VIII. Cost Data
Clearly define the rate and classifications at which individual members of the team will be billed. Defme how unnamed staff members and expenses will be billed.

IX. Statement of Compliance
4-15-22 / 6E-12

RFQ - INSTRUCTIONS AND CONDITIONS
Contractors must submit a Statement of Compliance with all parts of the Request for Qualifications and Draft Agreement terms and conditions, or a listing of exceptions and suggested changes, along with a description of any cost implications or schedule changes the exceptions and/or changes cause. The Statement of Compliance must declare either:

A. This Statement of Qualifications is in strict compliance with the Request for Qualifications and Draft Agreement and no exceptions to either are proposed; or
B. This Statement of Qualifications is in strict compliance with the Request for Qualifications and Draft Agreement except for theitems listed.

For each exception and/or suggested change, the contractor must include:

1. The suggested change in the RFQ or rewording of the
contractual obligations.

2. Reasons for submitting the proposed exception or
change.

3. Any impact the change or exception may have on
project costs, scheduling or other considerations.

X. Other Information
Include any other information you consider to be relevant to the proposal.

XI. Consultant agrees that in carrying out its responsibilities under this agreement, and in particular with regard to the employment of persons and sub-contractors working on the project, it will not discriminate on the basis of race, color, creed, national origin, religion, sex, age, or handicap. In the event any of the work performed by consultant hereunder is sub-contracted to another person or firm ( with approval of the City as required herein), sub-contract shall contain a similar provision.
4-15-22 / 6E-13

ATTACHMENT E
[ MODEL - REMOVE THIS TITLE WHEN USED ]

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, 92~73 ("City'') and [INSERT.~AME ciF .. ¢<)IVIPANY], a [INSERT TYPE. Of ~USINESs;·I.E., CdRP011A,.TION (INCLUl;>E ~Tt\TE ()F INC()RPQRATION), LIMITED LIABILITY CC>_l\,lll;>ANY, S{)LE PROPRJE:TOR.SHIP, ETC.], with its principal place of business at [INSERT ADDRESS] ("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 [IN$Ef<.TTYPE] consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional [iN$ERT TYPE] 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 HNSERTT\'f>E] consulting services for the (IN$ER.f NAME OF PROJECT, AND CONTRACT NUMBER, IF APPLICABLE] project ("Project") 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 [INSERT TYPE] 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. [INSERT IF FEDE.RAL FUNDS WILL BE USED; OTHERWISE ALWJ,\.YS DELETE: Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit "A-1."]

3.1.2 Term. The term of this Agreement shallbe from [INSERT DATE] to [INSERT DATE], unless earlier terminated as provided herein. [***!NSl;R,T THE F<>LLOWING SENTENCE FOR MULTI-YEAR, AUTOMATIC RENEWAL .• NOT TO EXCEED THREE CONSECUT]VE YEARS; OTHERWl~E, ALWAYS DELETE: The City shall have the unilateral ·••-'•"· ---1-··
55452.01100\31193624.5
4-15-22 / 6E-14
option, at its sole discretion, to renew this Agreement automatically for no more than [INSERT NUMBER] additional one-year terms.***] 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.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Endorsement on PS&E/ Other Data. Consultant shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by Consultant, and where appropriate will indicate Consultant's authorized signature and professional registration number.

3.2.4 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.5 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution. of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: [INSERT NAME AND TITLE].

3.2.6 City's Representative. The City hereby designates [INSERT NAME AND TITLE], 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 2 .
55452.01100\31193624.5
4-15-22 / 6E-15
Representative shall have the power to act on behaJf 9f the City for review and approval of all products submitted by Con.sultant 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 [INSERT NAME AND TITLE], 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 arid 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 Se.rvices and shall be available to City's staff, con·sultants 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 the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, • its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions ofthis Agreement, Consultant shall perform, at its own cost and expense and '11\fithout reimbursement from the City, any services necessary to correct errors or omission~ which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the ,Services or to work on the Project.

3.2.10 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including_ all Cal/OSHA requir~ments, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury -3- -- ..
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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; (8) 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, 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 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" ~~~-9~ed b.~r~!<?.. ~n.9 .. !t1c,Qr.Pe:>r~.!~d ~er~_i~ !?Y. r,ef~r.~f.1~!3:. Th~ total compensation shall not exceed [IN$~RT AM9!JNT WRITTEN 9'1TJ ($UN~l:RT NlJIYll.:$1;R..J) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and ·hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized iri writing by City, or included in Exhibit "D" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which· is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "D" may be adjusted each year at the time of renewal as set forth in Exhibit "D."

3.3.6 Labor Code Requirements.
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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 and the performance of other requirements on "public works" and "maintenance" projects. [INSERT "If" or "Since"] the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and [INSE:RT "If" or "Since''] 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.

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 enforcement by the DIR. It shall be Consuitant'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 1725.5 and 1771.1.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. •

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance 5 55452.01100\31193624.5
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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 respective parties may provide in writing for this purpose:

Consultant: [1N$.~RT i3.f)Sl~J~$§ NAM~]
City:
[f ~~§R,t §l]{!=l;l~l?P.Rl;S~]
[INS!=RI CITY ~TAT!= ZIP]
ATTN:. [INS~.~i rJAOO.~ AND TITLE]
City of San Clemente
91 O Calle Negocio
San Clemente, CA 92673
ATTN: tfij$:1:J1t'NAMl=)~ND TITh~]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit 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 Confidentiality.

3.5.3.1 Documents & Data: Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared .bY Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents· & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without • the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected 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 .. - .. -6- ....
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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.

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 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 attorney's fees and all other costs of such action.

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.5.6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the 7 55452.01100\31193624.5
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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 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.

3.5.12 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 include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. •

3.5.14 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

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

3.5.16 No Third-Party Beneficiaries. • There are no intended third party beneficiaries of any right or obligation assumed by the Parties. •

3.5.17 Invalidity: Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
' 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company 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 8,
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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 ai:iy present or anticipated material benefit arising therefrom.

3.5.19 Equal Opportunity Employment.. Consultant represents that it is an equal 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 Umited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shaU 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 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. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by.this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provis.ion making them subject to all provisions stipulated in this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed ori 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 TO AVAILABILITY
OF FUNDING: •
Finance Authorization
55452.01100\31193624.5

CITY OF SAN CLEMENTE
By: ____________ _
Its:
---------,--------
Dated: _______ _. 20 __
("CONSUL TANT")
By: ________ ___,. __ _
Its: ------------
Dated:-----.,.--- 20 __
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55452.01100\31193624.5
EXHIBIT "A"

SCOPE OF SERVICES
..... 11
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EXHIBIT "A-1"

FEDERALLY REQUIRED PROVISIONS FOR SERVICES
[INSERT FEDERALLY REQUIRED P~OVISIONS TRIGGERED BY RECEIPT OF FEDERAL FUNDS FOR THE !SERVICES; OTHERWISE
ALWAYS DELETE ENTIRE EXHIBIT "A-1"]
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55452.01100\31193624.5
EXHIBIT "B"

SCHEDULE OF SERVICES
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EXHIBIT "C"

INSURANCE REQUIREMENTS

3.2.12 Insurance. [CITY RISK MANAGER TO REVIEW PRIOR TO EACH USE]

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.

If Consuitant dO'(S n.ot own any cqnipa11y. vehicles or mc1y . not be able tq pi.lrcha~e a Business Au~omob.il~ .1nsurc111ce·.poficy, the reqt1irement 1r1ay be. satisn~d iJy provi~ing either of the f6UoWifig: (1) a Personal Automobile Liability policy for the Consultant's own vehicle stipulating "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident"; and (2) a non-owned auto endorsement to the Commercial General Liability policy if Consultant uses vehicles of others (e.g., vehicles of employees). ALWAYS D~LETE THIS SECTION IF NOTlJ$ED***]
(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 55452.01100\31193624.5
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Agreement and continuo1.1s 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:
(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 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, C9nsultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written 11otice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
. (1) Cancellation: Required insurance policies shall not be canceled or the coverage .reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be 'allowed for non-payment of premium. .

3.2.12.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (8) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement.· The policy must "pay on behalf of' the insured and include a provision establishing the insurer's duty to defend.

3.2.12:s • Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten {10) days shall be allowed for non-payment of premium.

3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile L,iability insurance shall be primary and any other • insurance, deductible, or self-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.
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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.

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 or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been pr~>Vided through another insurance company or companies.

3.2.12.10 Failure to Maintain Coverage. In the event any policy cif insurance required under this Agreement does not comply with these specifications or is canceled - and not replaced immediately so as to avoid a lapse in the required coverage, City has the right • but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.

3.2.12.11 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City rior does it waive any rights hereunder.

3.2.12.13 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. 55452.01100\31193624.5
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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 i:;ubconsultants 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 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.
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EXHIBIT "D"

COMPENSATION
[INSERT THE FOLLOWiNG PROVISION IF THE AGREEMENT WILL AUTOMATICALLY RENEW: 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.]
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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 from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:

Carrier ___________________ _
Policy Number _________________ _
L.J I certify that, in the performance of the work under this Agr~ement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker's compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.

WARNING: FAILURE TO SECURE WORKERS' COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENAL TIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.
55452.01100\31193624.5
4-15-22 / 6E-32
Dated: ________ _ 20_
Consultant
By:

Title
Address
55452.01100\31193624.5
4-15-22 / 6E-33

OFFICIAL NOTICE
July 19, 2021
TO: Prospective Consultants/Contractors
PROJECT: AS-NEEDED MUNICIPAL UTILITIES AND CIVIL ENGINEERING DESIGN

AND CONSTRUCTION SUPPORT SERVICES
FROM: Amir K. Ilkhanipour, Sr. Civil Engineer
SUBJECT: Addendum No. 1 to the Request for Qualifications Transmitted herewith is Addendum No. 1
The attached changes to the Request for Qualifications for the above project shall be incorporated into the Statement of Qualifications as part of this project.

The Consultant/Contractor shall sign this page as acknowledgment ofreceipt of Addendum No. l and attach it to his/her Statement of Qualifications. Statement of Qualifications will not be accepted without this form attached.

We acknowledge receipt of Addendum No. 1 for the above mentioned project and hereby accept its terms and conditions as part of our bid.

Signature ----~-------- Date ----------
Consultant/Contractor's Name
As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Sen,ices Addendum No. 1
4-15-22 I 6E-34

OFFICIAL NOTICE
July 30, 2021
TO: Prospective Consultants/Contractors
PROJECT: AS-NEEDED MUNICIPAL UTILITIES AND CIVIL ENGINEERING DESIGN

AND CONSTRUCTION SUPPORT SERVICES
FROM: Amir K. Ilkhanipour, Sr. Civil Engineer
SUBJECT: Addendum No. 2 to the Requestfor Qualifications Transmitted herewith is Addendum No. 2
The attached changes to the Request for Qualifications for the above project shall be incorporated into the·Statement of Qualifications as part of this project.

The Consultant/Contractor shall sign this page as acknowledgment of receipt of Addendum No. 1 and attach it to his/her Statement of Qualification~. Statement of Qualifications will not be accepted without this form attached.

We acknowledge receipt of Addendum No. 2 for the above mentioned project and hereby accept its terms and conditions as part of our bid.

Signature _ _,_ __________ _ Date ----------
Consultant/Contractor's Name
A.s-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services Addendum No. 2
4-15-22 I 6E-35
ADDENDUM NO. 2
July 30, 2021
TO: Prospective Consultants/Contractors
PROJECT: AS-NEEDED MUNICIPAL UTILITIES AND CIVIL ENGINEERING DESIGN

AND CONSTRUCTION SUPPORT SERVICES
FROM: Amir K. Ilkhanipour, Sr. Civil Engineer
SUBJECT: Addendum No. 2 to the Request for Qualifications

THE FOLLOWING CHANGE HAS BEEN MADE TO THE REQUEST FOR
QUALIFICATIONS:

REQUEST FOR QUALIFICATIONS REVISION:

1. Replace Page 3 (not including Cover sheet) of the Request for Qualifications with the Revised

Page 3 ends

-------------END OFTEXT------------
Attacbment: Revised Page 3 (not including Cover sheet)
As-Needed Municipal Utilities and Civil Engi,neering Design and Construction Support Services Addendum No. 2
4-15-22 I 6E-36
REVISED PAGE 3 (NOT INCLUDING COVER SHEET)
• Water/Sewer Utilities
• Recycled Water Utilities
• Wastewater Treatment Plant Processing
• Wastewater Treatment Plant Equipment and Instrumentation • Water and Recycled Water Pump Stations
• Sewer Lift Stations
• Drainage Studies and Storm Drain Design
• Stormwater Quality Studies and Design
• Supervisory control and data acquisition (SCAD A) programing and instrumentation
• Project Management and Administration for the above CIP project types • Construction Management and Inspection for all the above project types The scope of contracts will vary depending on the project types, scale, and complexity. The following are potential scope of work items identified for the asneeded services:
• Preliminary and final engineering and design services including preparation of plans and specifications for public bidding of projects. Engineering design services include engineer's construction cost estimates. • Wastewater Treatment Plant Specialty • Services for mechanical troubleshooting and optimization.
• Permitting and environmental services for California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), and Coastal Commission requirements.
• Construction management and inspection services.
• Project Management and Administration
• Surveying
A. DELIVERABLES
The Consultant is responsible for deliverables as defined by each specific project scope of work and agreement. The following are deliverables which may be requested as needed and depend on the specific project scope of work:
• Design Report Memo including project schedule.
• Conceptual designs, studies and layouts.
• 60%, 90% and 100% complete and final design, plans & specifications for public bidding of the project.
• Engineer's construction cost estimate for final design. 4-15-22 I 6E-37
ADDENDUM NO. 1
July 19, 2021
TO: Prospective Consultants/Contractors
PROJECT: AS-NEEDED MUNICIPAL UTJLITIES AND CIVIL ENGINEERING DESIGN

AND CONSTRUCTION SUPPORT SERVICES
FROM: Amir K. llkhanipour, Sr. Civil Engineer
SUBJECT: Addendum No. 1 to the Request for Qualifications

THE FOLLOWING CHANGE HAS BEEN MADE TO THE REQUEST FOR
QUALIFICATIONS:

REOUESTFOR QUALIFICATIONS REVISION:

1. Page 2, "Proposal Closing Date", the closing date is revised to: ''not later than 4:00 p.m. on Monday, August 16, 2021.
----------,-END OF TEXT------------
As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services Addendum No. 1
4-15-22 I 6E-38
Attachment 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 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 Pacific Advanced Civil Engineering, Inc. (PACE), an engineering consulting firm, with its principal place of business at 17520 Newhope Street, Suite 200, Fountain Valley, CA 92708 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" ahd collectiv s "Parties."

2. RECITALS.

2.1 professional
required by th
represents that it i
Management consul
applicable, and is familia
assume responsibility for the provision of certain
n and Construction Management consulting services
conditions set forth in this Agreement. Consultant
ofessional Engineering, Design and Construction

2.2 Project.

City desires to engage Consultant t
Design and Construction Management s
Engineering Design, and Construction S
Agreement.

3. TERMS.

3.1 Scope of Services and Term.
• ts, is. licensed in the State of California, if
essional As-Needed Engineering,
eded Municipal Utilities and Civil
ec " s set forth in this

3.1.1 General Scope of Services. Cons tant pro and agrees to furnish to the City all labor, materials, tools, equipment, services, and ental and customary work necessary to fully and adequatel-y supply the professional engi g, design and construction management consulting services necessary for the Project ("Se s"). 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 the date above to a date three years after, 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 two additional one-year terms. • Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 1 55452.01100\31193624.5
4-15-22 I 6E-39

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 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, other amounts due such personnel in connection with their performance of Services u • Agreement and as required by law. Consultant shall be responsible for all reports s respecting such additional personnel, including, but not limited to: social sec tax withholding, unemployment insurance, disability ranee .
. Consultant shall perform the Services expeditiously,
within the ter accordance with the Schedule of Services set forth in Exhibit "B" attac ted herein by reference. Consultant represents that it has the profession on equired to perform the Services in conformance with such conditions. tat t's conformance with the Schedule, City shall respond to Consultant's su I tals in ner. Upon request of City, Consultant shall provide a more detailed schedule o ormance to meet the Schedule of Services.

3.2.3 Endor
specifications, estimates (P
appropriate will indicate Consultant's au

3.2.4 Conformance to
Consultant shall be subject to the approval o
Consultant shall sign all plans,
ished by Consultant, and where
professi gistration number.
k prepared by

3.2.5 Substitution of Ke Person ted to City that
certain key personnel will perform and coordinate the ement. Should one or more of such personnel become unavailable, C s I u e other personnel of at least equal competence upon written approval of City. In th that City and Consultant cannot agree as to the substitution of key pers'onnel, City s entitled to terminate this Agreement for cause. As discussed below, any personnel I or refuse to perform the Services in a manner acceptable to the City, or who are rmined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: [INSERT NAME AND TITLE].

3.2.6 City's Representative. The City hereby designates [INSERT NAME AND TITLE], 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 2 55452.01100\31193624.5
4-15-22 / 6E-40
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 [INSERT NAME AND TITLE], 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 Coard·
in the performance of Se
all reasonable times.

Services under
generally rec
California. Con
necessary to perfo
shall have sufficient
Consultant represents th , its e
qualifications and approvals of wha
and that such licenses and appro
f Services. Consultant agrees to work closely with City staff II be available to City's staff, consultants and other staff at rformance of Em lo ees. Consultant shall perform all
nd competent manner, consistent with the standards
y professionals ,in the same discipline in the State of maintains that it is skilled in the professional calling t warrants that all employees and subconsultants
rm the Services assigned to them. Finally,
subconsultants have all licenses, permits,
are legally required to perform the Services,
throughout the term of this Agreement.
ement, Consultant shall perform, at
e City, any services .necessary to
ltant's fai to comply with the
As provided for in the indemnifi provIsIons
its own cost and expense and without rei
correct errors or omissions which are c
standard of care provided for herein. An
is determined by the City to be uncooper
completion of the Project, a threat to the safe
or refuses to perform the Services in a manner ac
from the Project by the Consultant and shall not b
or to work on the Project.
-consultants who
equate or timely
oyee who fails
m ptly removed
of the Services

3.2.10 Laws and Regulations. Consultant shall k If fully informed of and in compliance with all local, state and federal laws, rules and re ns in any manner affecting the performance of the Project or the Services, including all C HA requirements, and shall give all notices required by law. Consultant shall be liable for violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free .and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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 3 55452.01100\31193624.5
4-15-22 I 6E-41
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, 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 in Exhibit "D" a
not exceed e
approval of the
described below, a
Agreement.

3.3.2 Pa ment of
invoice which indicates work co
onsultant shall receive compensation, including
rendered under this Agreement at the rates set forth
ted herein by reference. The total compensation shall
entified in the Notice to Proceed; without written
ger as applicable. Extra Work may be authorized, as
be ensated at the rates and manner set forth in this
invoice shall describe the amou Services pr
Consultant shall submit to City a monthly
ervices rendered by Consultant. The
the initial commencement date, or
since the start of the subsequent billing pe • e, through the date of the invoice.

City shall, within 30 days of receiving su
and approved charges thereon. If the Ci
written notice to Consultant within thirty (3
forth therein.

3.3.3 Reimbursement for E ens Con
• expenses unless authorized in writing by City, or includ ay all non-disputed
the City shall give
disputed fees set

3.3.4 Extra Work. At any time during the ter • is Agreement, City may request that Consultant perform Extra Work. As used herein, "E ork" means any work which is determined by City to be necessary for the proper comple the Project, but which the Parties .did not reasonably anticipate would be necessary at th xecution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

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 4 55452.01100\31193624.5
4-15-22 I 6E-42
of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and Since 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.

3.3.6.2 applicable "public works" or "
Labor Code sections 172
registered with the Deg
registration for the du
project may also b
Consultant's sol
requirements, •
foregoing, the
1771.1 shall not
the small project e

3.4 3.4.1 Maintenan
accurate records with respect to
Registration. If the Services are being performed as part of an tenance" project, in addition to the foregoing, then pursuant to 1771.1, the Consultant and all subconsultants niust be
dustrial Relations ("DIR"). Consultant shall maintain
t and require the same of any subconsultants: This
monitoring and enforcement by the DIR. It shall be
with all applicable registration and labor compliance
ayroll records directly to the DIR. Notwithstanding the ements mandated by Labor Code sections 1725.5 and
ed on a public works project that is exempt pursuant to L ode sections 1725.5 and 1771.1.
sultant shall maintain complete and
records shall be clearly identifiable. Consu
business hours to examine, audit, and m
documents created pursuant to this Agre
documents, proceedings, and activities re
from the date of final payment under this Ag
red under this Agreement. All such
presentative of City during normal
es of su • cords and any other
II n of all work, data,
of four (4) years

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. ay, by written notice to Consultant, terminate the whole or any part of this Agreement time, with or without cause, by giving written notice to Consultant of such termination, an pecifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require 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 5 55452.01100\31193624.5
4-15-22 I 6E-43
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.

Consultant: PACE
17520 Newhope Street, Suite 200
Fountain Valley, CA 92708
ATTN: James A. Matthews, Senior Vice President
City: City of San Clemente
910 Calle Negocio
an Clemente, CA 92673
N: Public Works Director
Such notice shall
hours after deP,
applicable ad
occurred, regar
personally delivered 9r when mailed, forty-eight (48)
ss postage prepaid and addressed to the party at its
e deemed adequate notice on the date actual notice
ts &
Agreement creates a non-eX: perpetua
sublicense any and all copyrig esigns, and
specifications, studies, drawings, estimates
any _tang!ble medium of eX:pression, In
magnetically or othenll(ise recorded on c
prepared by Consultant under this Agreem
. subconsultants to agree in writing that City
any Documents & Data the subconsultant prepar
Licensin of Intellectual Pro ert . This
for City to copy, use, modify, reuse, or
ectual property embodied in plans,
nts or works of authorship fixed in
d to, ph ·cal drawings or data
. and warrants that Consultant has the legal righ lice
d or caused to be
t shall require all
ual license for
ant represents
uments & Data.
ts & Data which
o Consultant by the
Consultant makes no such representation and warrant
were prepared by design professionals other than Co nt or p City. City shall not be limited in any way in its use of the Docume that any such use not within the purposes intended by this Agr ata at any time, provided
t shall be at City's sole risk.

3.5.3.2 Confidentiality. All ideas, me anda, specifications, plans, . procedures, drawings, descriptions, compu_ter program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected 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:
6 55452.01100\31193624.5
4-15-22 / 6E-44

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 sue ase; and/or (2) a final and non-appealable order by a court of competent jurisdiction requi ity release such information. • er Acts. The Parties shall fully cooperate with one
sign any additional documents as may be necessary,
oses of this Agreement.
. party, either leg ,
either party commences an action against the other
ise, arising out of or in connection with this A'greement, the prevailing party
reasonable attorney's
I • titled to have and recover from the losing party
ch action. •

3.5.6 3.5.6.1 he fullest e
(with counsel of City's choosing), indemni
employees, volunteers and agents free a
of action, costs, expenses, liability, loss, d
or persons, including wrongful death, in an
alleged acts, errors or omissions, or will
employees, subcontractors, consultants or agen
Consultant's Services, the Project or this Agreem , incl all damages, expert witness fees and attorney's
ed by law, Consultant shall defend
• y, its directors, officials, officers,
and all c s, demands, causes
y equity, to property
t of , or incident to any
t of 'cials, officers,
expenses. Consultant's obligation to indemnify shall n restric rmance of the
n the payment of
• ted costs and
insurance proceeds, if
any, received by Consultant, the City, its officials, officers, emplo agents, or volunteers.

3.5.6.2 If Consultant's obligation to d, indemnify, and/or hold harmless arises out of Consultant's performance as a "design ofessional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to deferid, shall not exceed the Consultant's proportionate 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.
7 55452.01100\31193624.5
4-15-22 / 6E-45

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 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.
transfer, either directly or b
prior written consent of th
hypothecates or trans
assignment, hypoth
participated fu
construed simp
referencing time,
days. All references
of Consultant, except as Ise
elected officials, officers, employee
Agreement. The captions of the
of reference only, and do not d
this Agreement.
or Transfer. Consultant shall not assign, hypothecate, or ·on of law, this Agreement or any interest herein without the ttempt to do so shall be null and void, and any assignees, ire no right or interest by reason of such attempted
ces· Ca tions. Since the Parties or their agents have
Agreement, the language of this Agreement shall be
ning, and not strictly for or against any Party. Any term • ce shall be deemed calendar days and not work
onnel, employees, agents, and subconsultants
greement. All references to City include its
lunteers except as otherwise specified in this
graphs are for convenience and ease
ribe the scope, content, or intent of

3.5.14 Amendment· Modif
this Agreement shall be binding unless ex

3.5.15 Waiver. No waiver of any
default or breach, whether of the same or othe ovena
privilege, or service voluntarily given or performed by contractual rights by custom, estoppel, or otherwise.

3.5.16 No Third-Party Beneficiaries. There
beneficiaries of any right or obligation assumed by the Parties. r of any other
waiver, benefit,
other Party any
intended third party

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company 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 8 55452.01100\31193624.5
4-15-22 I 6E-46
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.2 which shall constitute a

3.6 • • ication. By its signature hereunder, Consultant certifies that it • n 3700 of the California Labor Code which require every or Worker's Compensation or to undertake self-insurance ode, and agrees to comply with such provisions before
es.
reement. Consultant has all requisite power and
ute, deliver, and perform the Agreement. Each Party
igned this Agreement have the legal power, right, and
n respective Party.
t may be signed in counterparts, each of

3.6.1 Prior A roval Re
the work required by this Agreement, e
approval of City. Subcontracts, if any,
provisions stipulated in this Agreement.
ontract any portion of
hout prior written
subject to all
9 55452.01100\31193624.5
4-15-22 / 6E-47
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 c·
San Clemente, Calif

APPROVED

BEST BEST
City Attorney

APPROVED AS TO AVAILA
OF FUNDING:

Finance Authorization
55452.01100\31193624.5

CITY OF SAN CLEMENTE
By:_.-------------
Its: -------------
Dated: ________ _J 20 __ .

Dated: ________ , 20 __
10 4-15-22 I 6E-48
EXHIBIT "A"

SCOPE OF SERVICES

ON FILE AT THE CITY CLERKS OFFICE
11 55452.01100\31193624.5
4-15-22 I 6E-49

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT 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 municipal 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 AKM Consulting Engineers, an engineering consulting firm, with its principal place of business at 553 Wald, Irvine, CA 92618 ("Consultant"). City and Consultant are sometimes individually referred to here.in as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consult an
professional As
required by. t
represents that
Management con
applicable, and is fa

2.2 Project.

City desires to engage
assume responsibility for the provision of certain
n and Construction Management consulting services
conditions set forth in this Agreement. Consultant
ng professional Engineering, Design and Construction
• lients, is licensed in the State of California, if
Design and Construction Manage ent serv
Engineering Design, and Construction S
ofessional As-Needed Engineering,
eeded Municipal Utilities and Civil
ect ("Project") as set forth in this
Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. t promi rees to furnish to the City all labor, materials, tools,· equipment, service , and i al and customary work necessary to fully and adequately supply the professional engi g, design and construction management consulting services necessary for the Project (''S "). The Services are more particularly described in Exhib_it "A" attached hereto and incorp d herein by reference. All Services shall be subject to, and performed iii 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 the date above to a date three years after, 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 two additional one-year terms. Consultant shall complete the Services within the term of this Agreement,. and shall meet any other established schedules and deadlines. 1 55452.01100\31193624.5
4-15-22 I 6E-50

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, other amounts due such personnel i11 connection with their performance of Services u •. Agreement and as required by law. Consultant shall be responsible for all report s respecting such additional personnel, including, but not limited to: social sec tax withholding, unemployment insurance,. disability insurance, and wo ranee.
within the ter
Exhibit "B" a
. Consultant shall perform the Services expeditiously,
accordance with the Schedule of Services set forth in
ted herein by reference. Consultant represents that it
has the profes on equired to perform the Services in conformance with such conditi
respond to Consult
provide a more detailed s

3.2.3 Endorse on PS&E/
specifications, estimates (PS&E) and en
appropriate will in_dicate Consultant's auth

3.2.4 Conformance to
Consultant shall be subject to the approval o
t's conformance with the Schedule, City shall
rter. Upon request of City, Consultant shall
ormance to meet the Schedule of Services.

Consultant shall sign all plans,
ished by Consultant, and where
professio registration number.
'k prepared by

3.2.5 Substitution of Key Perso ted to City that
certain key personnel will perform and coordinate the ement. Should one or more of such personnel bec·ome unavailable, C s I u e other personnel of at least equal competence upon written approval of City. In th that City and Consultant • cannot agree as to the substitution of key personnel, City s entitled to terminate this Agreement for cause. As discussed below, any personnel I or refuse to perform the Services in a manner acceptable to the City, or who are ined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: [INSERT NAME AND TITLE].

3.2.6 City's Representative. The City hereby designates [INSERT NAME AND TITLE], 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 2 55452.01100\31193624.5
4-15-22 I 6E-51
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 [INSERT NAME AND TITLE], 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 Coor •
in the performance of Se
all reasonable times.

Services und
generally rec
California. Con
necessary to perf
shall have sufficient
Consultant represents tha , its e
qualifications and approvals of wha
and that such licenses and appro
f Services. Consultant agrees to work .closely with City staff I be available to City's staff, consultants and other staff at rformance of Em lo ees. Consultant shall perform all
and competent mc:1nner, consistent with the standards
y professionals in the same discipline in the State of
maintains that it is skilled in the professional calling t warrants that all employees and subconsultants
rm the Services assigned to them. Finally,
subconsultants have all licenses, permits,
are legally required to perform the Services,
As provided for in the indemnifi provIsIons
hroughout the term of this Agreement.
ment, Consultant shall perform, at
e City, any services necessary to
ltant's f • to comply with the
its own cost and expense and without rei
correct errors or omissions which are c
standard of care provided for herein. An
is determined by the City to be uncooper
completion of the Project, a threat to the saf
or refuses to perform the Services in a manner a
from the Project by the Consultant and shall not b
or to work on the Project.
-consultants who
equate or timely
oyee who fails
mptly removed
y of the Services

3.2.10 Laws and Regulations. Consultant shall k If fully informed of and in compliance with all local, state and federal laws, rules and re ns in any manner affecting the performance of the Project or the Services, including all C HA requirements, and shall give all notices required by law. Consultant shall be' liable for violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary t6 such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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 3 55452.01100\31193624.5
4-15-22 I 6E-52
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, 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 in Exhibit "D" a
not exceed e
approval of the
described below, a
Agreement

3.3.2 Pa ment of
invoice which indicates work co
onsultant shall receive compensation, including
rendered under this Agreement at the rates set forth
ed herein by reference. The total compensation shall
entified in the Notice to Proceed, without written
ger as applicable. Extra Work may be authorized, as
ensated at the rates and manner set forth in this
invoice shall describe the amou Services pr
Consultant shall submit to City a monthly
rvices rendered by Consultant. The
the initial commencement date, or
since the start of the subsequent billing pe • e, through the date of the invoic~.

City shall, within 30 days of receiving su
and approved charges thereon. If the Ci
written notice to Consultant within thirty (3
forth therein.

3.3.3 Reimbursement for Ex ens Con
expenses unless authorized in writing by City, or includ ay all non-disputed
e City shall give
disputed fees set

3.3.4 Extra Work. At any time during the ter is Agreement, City may request that Consultant perform Extra Work. As used herein, "E ork" means any work which is determined by City to be necessary for the proper complet the Project, but which the Parties did not reasonably anticipate would be necessary at th xecution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

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 4 55452.01100\31193624.5
4-15-22 I 6E-53
of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and Since 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 com ply with the Prevailing Wage Laws. , 3.3.6.2
. applicable "public works" or "
Labor Code sections 172
registered with the DeA
registration for the du
project may also be
Consultant's sol
requirements,
foregoing, the
1771.1 shall not
the small project e

3.4 3.4.1 Maintenan
accurate records with respect to
Registration. If the Services are being performed as part of an tenance" project, in addition to the foregoing, then pursuant to 1771.1, the Consultant and all subconsultants must be
dustrial Relations ("DIR"). Consultant shall maJntain
t and require the same of any subconsultants. This
monitoring and enforcement by the DIR. It shall be
with all applicable registration and labor compliance
ayroll records directly to the DIR. Notwithstanding the ements mandated by Labor Code sections 1725.5 and
ed on a public works project that is exempt pursuant to L ode sections 1725.5 and 1771.1.
sultant shall maintain complete and
records shall be clearly identifiable. Consul
business hours to examine, audit, and m
documents created pursuant to this Agre
documents, proceedings, and activities r
from the date of final payment under this Ag
red under this Agreement. All such
presentative of City during normal
es of su cords and any other
I n of all work, data,
of four (4) years

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. ay, by written notice to Consultant, terminate the whole or any part of this Agreement a time, with or without cause, by giving written notice to Consultant of such termination, an pecifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered . • to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require 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 5 55452.01100\31193624.5
4-15-22 I 6E-54
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.

Consultant:

City:

AK,M Consulting Engineers
553Wald
lrvirie, CA 92618 .

ATTN: Zeki Kayiran
City of San Clemente
910 Calle Negocio
an Clemente, CA92673
N: Putilic Works Director
Such notice shall
hours after dep
applicable ad
occurred, regar
personally delivered or when mailed, forty-eight (48)
ass postage prepaid and addressed to the party at its
deemed adequate notice on the date actual notice
ts &
Agreement creates a non-exc . perpetua
sublicense any and all copyrig esigns, and
specifications, studies, drawings, estimates
any tangible medium of expression, in
magnetically or otherwise recorded on c
prepared by Consultant under this Agreem
subconsultants to agree in writing thaf City
any Documents & Data the subconsultant prepar
Licensin of Intellectual Pro ert . This
for City to copy, use, modify, reuse, or
ctual property embodied in plans,
ts or works of authorship fixed in
d to, ph ·cal drawings or data
i or caused to be
D t shall require all
and warrants that Consultant has the legal righ lice
tual license for
ant represents
uments & Data.
ts & Data which
o Consultant by the
Consultant makes no such representation and warrant
were prepared by design professionals other than Co ant or p City. City shall not be limited in any way in its use of the Docume that any such use not within the purposes intended by this Agr • ata at any time, provided
t shall be at City's sole risk.

3.5.3.2 Confidentiality. All ideas, me anda, specifications, plans, procedures, drawings, descriptions, computer program data, iriput record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performanc;e of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected 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. 6 55452.0110.0\31193624.5
4-15-22 I 6E-55

3.5.4 another, and shall t
appropriate or co
r Acts. The Parties shall fully cooperate with one
r sign any additional documents as may be necessary,
ses of this Agreement.
party, either leg
the prevailing part
reasonable attorney's
either party commences an action against the other
ise, arising out of or in connection with this Agreement, titled to have and recover from the losing party
ch.action.

3.5.6 3.5.6.1 he fullest e
(with counsel of City's choosing), indemn·
employees, volunteers and agents free a
of action, costs, expenses, liability, loss, d
or persons, including wrongful death, in an
alleged acts, errors or omissions, or willf
employees, subcontractors, consultants or age
Consultant's Services, the Project or this Agreem , iilclu all damages, expert witness fees and attorney's
ed by law, Consultant shall defend
·ty, its directors, officials, officers,
and all cl s, demands, causes
y equity, to property
, or incident to any
• ials, officers,
rmance of the
the payment of
expenses. Consultant's obligation to indemnify shall n restri ted costs and
insurance proceeds, if
any, received by Consultant, the City, its officials, officers, emplo agents, or volunteers. i

3.5.6.2 If Consultant's obligation to d, indemnify, and/or hold harmless arises out of Consultant's performance as a ''design fessional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. • •

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 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.

3.5.12 Assi nm
transfer, either directly or b
prior written consent of th
hypothecates or trans
assignment, hypoth
participated f
construed sim pl
referencing time,
days. All references
or Transfer. Consultant shall not assign, hypothecate, or ·on of law, this Agreement or any interest herein without the ttempt to do so shall be null and void, and any assignees, ire no right or interest by reason of such attempted
of Consultant, except as Ise sp
ces· Ca tions. Since the Parties or their agents have
Agreement, the language of this Agreement shall be
ning, and not strictly for or against any Party. Any term ce shall be deemed calendar days and not work
onnel, employees, agents, and subconsultants
greement. All references to City include its
elected officials, officers, employee unteers except as otherwise specified in this Agreement. The captions of the
of reference only, and do not d
this Agreement.

3.5.14 Amendment· Modifi
this Agreement shall be binding unless ex

3.5.15 Waiver. No waiver of a
default or breach, whether of the same or oth vena
privilege, or service voluntarily given· or performed by contractual rights by custom, estoppel, or otherwise.
raphs are for convenience and ease
ribe the scope, content, or intent of
r of any other
• waiver, benefit,
other Party any

3.5.16 No Third-Party Beneficiaries. There intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company 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 8 55452.01100\31193624.5
4-15-22 I 6E-57
with City, shall have any direct interest .in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6 cation. By its signature hereunder, Consultant certifies that it • n 3700 of the California Labor Code which require every or Worker's Compensation or to undertake self-insurance ode, and agrees to comply with such provisions before
reement. Consultant has all requisite power and
cute, deliver, and perform the Agreement. Each Party
igned this Agreement have the legal power, right, and
ind respective Party.
nt may be signed in counterparts, each of

3.6.1 Prior A roval Re
the work required by this Agreement, e
approval of City. Subcontracts, if any,
provisions stipulated in this Agreement.
ontract any portion of
'thout prior written
m subject to all
9 55452.01100\31193624.5
4-15-22 I 6E-58
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 Ci
San Clemente, Calif

APPROVED

BEST BEST
City Attorney

APPROVED AS TO AVAILA
OF FUNDING:

Finance Authorization
55452.01100\31193624.5

CITY OF SAN CLEMENTE
By: _____________ _
Its: -------------
Dated: ________ _, 20_._
Dated, ______ _, 20 __
10 4-15-22 I 6E-59
EXHIBIT "A"

SCOPE OF SERVICES

ON FILE AT THE CITY CLERKS OFFICE
11 55452.01100\31193624.5
4-15-22 I 6E-60

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 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 Lee + Ro, Inc., a engineering consulting firm, with its principal place of business at 1199 South Fullerton Road, City of Industry, CA 91748 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultan
professional A
required by -t
represents that
Management con
applicable, and is fa

2.2 Project.

City desires to engage
. assume responsibility for tlie provision of certain
n and Construction Management consulting services
conditions set forth in this Agreement. Consultant
ing professional Engineering, Design and Construction
lients, is licensed in the State of California, if
Design and Construction Manage ent serv·
Engineering Design, and Construction S
ofessional As-Needed Engineering,
eeded Municipal Utilities and Civil
ect ("Project") as set forth in this
Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. t promi rees to furnish to the City all labor, materials, tools, equipment, service , and i al and customary work necessary to fully and adequately supply the professional engi g, design and construction management consulting services necessary for the Project (''S s"). The Services are more particularly described in Exhibit "A" attached hereto and incorp d 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 the date above to a date three years after, 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 two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 1 55452.01100\31193624.5
4-15-22 / 6E-61

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, other amounts due such personnel in connection with their performance of Services u Agreement and as required by law. Consultant shall be responsible for all reports s respecting such additional personnel, including, but not limited to: social sec tax withholding, unemployment insurance, disability insurance, and wor ranee .
. Consultant shall perform the Services expeditiously,
within the ter accordance with the Schedule of Services set forth in Exhibit "8!' attac ted herein by reference. Consultant represents that it has the profession on equired to perform the Services in conformance with such.conditions. itat nt's conformance with the Schedule, City shall respond to Consultant's s Ittals i ner. Upon request of City, Consultant shall provide a more detailed schedule o ormance to meet the Schedule of Services.

3.2.3 Endor
specifications, estimates (P
appropriate will· indicate Consultant's au

3.2.4 Conformance to
Consultant shall be subject to the approval
Consultant shall sign all plans,
ished by Consultant, and where
professi registration number.
·3.2.5 Substitution of Ke Personn . Co nted to City that certain key personnel will perform and coordinate the ement. Should one or more of such personnel become unavailable, C stitu e other personnel of at least equal competence upon written approval of City. In th that City and Consultant cannot agree as to th·e substitution of key personnel, City s e entitled to terminate this Agreement for cause. As discussed below, any personnel ii or refuse to perform the Services in a manner acceptable to the City, or who are rmined by the City to .be uncooperative, incompetent, a threat to the adeq·uate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: [INSERT NAME AND TITLE].

3.2.6 City's Representative. The City hereby designates [INSERT NAME AND TITLE], 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 2 55452.01100\31193624.5
4-15-22 / 6E-62
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 [INSERT NAME AND TITLE], 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 Coor •
in the performance of Se
f Services. Consultant agrees to work closely with City staff I be available to City's staff, consultants and other staff at all reasonable times.

Services under
generally rec
California. Con
necessary to perfo
shall have sufficient
ormance of Em lo ees. Consultant shall perform all
nd competent manner, consistent with the standards
y professionals in the same discipline in the State of
maintains that it is skilled in the professional calling su t warrants that all employees and subconsultants
Consultant represents th , its
qualifications and approvals of wha
and that such licenses and appr
As provided for in the indemnifi provIsIons
its own cost and expense and without rei
correct errors or omissions which are c
standard of care provided for herein. Any
is determined by the City to be uncooper.
completion of the Project, a threat to the ·saf
or refuses to perform the Services in a manner ac
from the Project by the Consultant and shall not b
or to work on the Project.
rm the Services assigned to them. Finally,
subconsultants have all licenses, permits,
are legally required to perform the Services,
• hroughout the term of this Agreement.
ement, Consultant shall perform, at
e City, any services necessary to
ltant's f • to comply with the
, -consultants who
equate or timely
oyee who fails
mptly removed
of the Services

3.2.10 Laws and Regulations. Consultant shall k elf fully informed of and in compliance with all local, state and federal laws, rules and re ns in any manner affecting the performance of the Project or the Services, including all C HA requirements, and shall give all notices required by law. Consultant shall be liable for violations of such laws and regulations in connectionwith Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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 p_recautions, where 3 55452.01100\31193624.5
4-15-22 I 6E-63
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, 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 in writing by the City.

3.3 in Exhibit "D" a
not exceed e
approval of the
described below, a
Agreement.

3.3.2 Pa ment of
invoice which indicates work co
onsultant shall receive compensation, including
rendered under this Agreement at the rates set forth
ted herein by reference. The total compensation shall
entified in the Notice to Proceed, without written
ger as applicable. Extra Work may be authorized, as
ensated at the rates and manner set forth in this
invoice shall describe the amou Services pro
Consultant shall submit to City a monthly
ervices rendered by Consultant. The
the initial commencement date, or
since the start of the subsequent billing pe • e, through the date of the invoice.

City shall, within 30 days of receiving su
and approved charges thereon. If the Ci
. written notice to Consultant within thirty (3
• forth therein.

3.3.3 Reimbursement for E ens Con
expenses unless authorized in writing by City, or includ ay all non-disputed
the City shall give
disputed fees set

3.3.4 Extra Work. At any time during the te is Agreement, City may request that Consultant perform Extra Work. As used herein, "E ork" means any work which is determined by City to be necessary for the proper complet the Project, but which the Parties did not reasonably anticipate would be necessary at th xecution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

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 - 4 55452.01100\31193624.5
4-15-22 I 6E-64
of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and Since the total cornpensation 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 fre~ 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 applicable "public works" or "
Labor Code sections 172
registered with the De
registration for the du
project may also b
Consultant's sole
requirements, •
foregoing, the
1771.1 shall not
the small project e

3.4 Registration. If the Services are being performed as part of an enance" project, in addition to the foregoing, then pursuant to 1771.1, the Consultant' and all subconsultants must be
dustrial Relations ("DIR"). Consultant shall maintain
t and require the same of any subconsultants. This
monitoring and enforcement by the DIR. It shall be
with all applicable registration and labor compliance
ayroll records directly to the DIR. Notwithstanding the ements mandated by Labor Code sections 1725.5 and
ed on a public works project that is exempt pursuant to L ode sections 1725.5 and 1771.1.

3.4.1 . Maintenan • a Ins ecti sultant shall maintain complete and accurate records with respect to osts and exp
records shall be clearly identifiable. Consu
business hours to examine, audit, and m
documents created pursuant to this Agree
documents, proceedings, and activities r
from the date of final payment under this Ag

3.5 General Provisions.

3.5.1 Termination of Agreement
red under this Agreement. All such
presentative of City during normal
es of su cords and any other
II n of all work, data,
of four (4) years

3.5.1.1 Grounds for Termination. ay, by written notice to Consultant, terminate the whole or any part of this Agreement time, with or without cause, by giving written notice to Consultant of such termination, an ecifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those servlces which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require 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 5 55452.01100\31193624.5
4-15-22 I 6E-65
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. •

Consultant:

City:

Lee + Ro, Inc.
1199· South Fullerton Road
City of Industry, CA 91748
ATTN: Dhiru Patel, CEO
City of San Clemente
910 Calle Negocio
n Clemente, CA 92673
N: Public Works Director
Such notice shall
hours after deP.
applicable ad
occurred, regar.
personally delivered or when mailed, forty-eight (48)
ass postage prepaid and· addressed to the party at its
deemed adequate notice on the date actual notice
ts &
Agreement creates a non-exclusi perpetu
sublicense any and all copyrig esigns, and
specifications, studies, drawings, estimates
any tangible medium of expression, in
magnetically or otherwise recorded on c
prepared by Consultant under this Agreem
subconsultants to agree in writing that City
any Documents & Data the subconsultant prepar
Licensin of Intellectual Pro ert . This
for City to copy, use, modify, reuse, or
ectual property embodied in plans,
nts or works of authorship fixed in
to, ph ·cal drawings or data
and warrants that Consultant has the legal rig lice
or caused to be
t shall require all
tual license for
ant represents
uments & Data.
ts & Data which
to Consultant by the
Consultant makes no such representation and warran
were prepared by design professionals other than Co nt or p City. City shall not be limited in any way in its use of the Docume that any such use not within the purposes intended by this Agr ata at any time, provided
t shall be at City's sole risk.

3.5.3.2 Confidentiality. All ideas, me anda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected 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. 6 55452.01100\31193624.5
4-15-22 / 6E-66

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, 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 rel~ase 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 sue se; and/or (2) a final and non-appealable order by a court of competent jurisdiction requi ity release such information:

3.5.4 another, and shall t
appropriate or co
er Acts. The Parties shall fully cooperate with one
r sign any additional documents as may be necessary, .
oses of this Agreement.
party, either lega
either party commences an action against the other
ise, arising out of or in connection with this Agreement, the prevailing part
reasonabJe attorney's
all ntitled to have and recover from the losing party
ch action.

3.5.6 3.5.6.1 e fullest e
(with counsel of City's choosing), indemni •
employees, volunteers and agents free a
of action, costs, expenses, liability, loss, d
or persons, including wrongful death, in an
alleged acts, errors or omissions, or will
employees, subcontractors, -consultants or agen
Consultant's Services, the Project or this Agreem , incl all damages, expert witness fees and attorney's
ed by law, Consultant shall defend
ty, its directors, officials, officers,
and all • s, demands, causes
y equity, to property
t of or Incident to any
t of cials, officers,
expenses. Consultant's obligation to indemnify. shall n restri rnianpe of the
n the payment of
ted costs and
insurance proceeds, if
any, received by Consultant, the City, its officials, officers, empl agents, or volunteers.

3.5.6.2 If Consultant's obligation to d, indemnify, and/or hold harmless arises out of Consultant's performance as a "design fessional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate 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.
7 55452.01100\31193624.5
4-15-22 / 6E-67

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 this Agreement.

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

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

3.5.12 Assi nm t or Transfer. Consultant shall ~ot assign, hypothecate, or transfer, either directly orb ·on of I~, this Agreement or any interest herein without the prior written consent of th . ttempt to do so shall be null and void, and any assignees, hypothecates or tran ire no right or interest by. reason of such attempted assignment, hypoth •
participated ~
construed simpl
referencing time,
days. All references t
of Consultant, except c;1s Ise sp
elected officials, officers, employee
Agreement. The captions of the
of reference only, and do not d
·this Agreement.

3.5.14 Amendment· Modi
this Agreement shall be binding unless ex
ces· ·ca tions. Since the Parties or their agents have
Agreement, the language of this Agreement shall be
ning, and not strictly for or·against any Party. Any term r ce shall be deemed calendar days and not work
orinel, employees, agents, and subconsultants
greement. All references to City include its
unteers except as otherwise specified in this
raphs are for convenience and ease
• e the scope, content, or intent of

3.5.15 Waiver. No waiver of an r of any other
waiver, benefit,
other Party any
default or breach, whether of the same or othe oven
privilege, or service voluntarily given· or performed by contractual rights by custom, estoppel, or otherwise.

3.5.16 No Third-Party Beneficiaries. There
beneficiaries of any right or obligation assumed by the Parties. intended third ·party

3.5.17 Invalidity: Severability. If any portion of this Agreement is declared invalid, illeg'al, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company 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 Agreeinent. 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 8 55452.01100\31193624.5
4-15-22 / 6E-68
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.20 Labor C
is aware of the provisions
employer to be insured a
in accordance with the·
commencing the pe
authority to co
warrants that th
authority to make t

3.5.2 which shall constitute a

3.6 cation. By its signature hereunder, Consultant certifies that it 3700 of the California Labor Code which require every
rWorker's Compensation orto undertake self-insurance
ode, and agrees to comply with such provisions before
reement. Consultant has all .requisite power and
cute, deliver, and perform the Agreement. Each Party
ghed this Agreement have the legal ·power, right, and
ind respective Party.
nt may be signed in counterparts, each of

3.6.1 Prior A roval Re •
the work required by this Agreement, e
approval of City. Subcontracts, if any,
provisions stipulated in this Agreement.
ontract any portion of
'thout prior written
m subject to all
9 55452.01100\31193624.5
4-15-22 / 6E-69
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 Ci
San Clemente, Calif

APPROVED

BEST BEST
City Attorney
APPROVED AS TO AVAILA ·,,
OF FUNDING:

Finance Authorization
55452.01100\31193624.5

CITY OF SAN CLEMENTE
By: _____________ _
Its: -------------
Dated: 20 --------~
Dated: _______ _, 20
10 4-15-22 I 6E-70
EXHIBIT "A"

SCOPE OF SERVICES
ON F.ILE AT THE CITY CLERKS OFFICE
11 55452.01100\31193624.5
4-15-22 / 6E-71

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 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 Dudek, an engineering and environmental consulting firm, with its principal place of business at 605 Third Street, Encinitas, CA ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultan
professional As
required by t,
represents that
Management con
applicable, and is fa

2.2 Project.

City desires to engage
assume responsibility for the provision of certain
n and Construction Management consulting services
conditions set forth in this Agreement. Consultant
ing professional Engineering, Design and Construction
bli • lients, is· licensed in the State of California, if Design and Construction Manag ent serv·
ofessional As-Needed Engineering,
eeded Municipal Utilities and Civil
Engineering Design, and Construction S ect ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Con rees to furnish to the City all labor, materials, tools, equipment, servic , and i al and customary work necessary to fully and adequately supply the professional engi g, design and construction management consulting services necessary for the Project (''S "). The Services are more particularly described in Exhibit "A" attached hereto and incorp . ed 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 the date above to a date three years after, 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 two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 1 55452.01100\31193624.5
4-15-22 I 6E-72

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 supervi_sion. 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 behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Ne_ither 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, other amounts due such personnel in connection with their performance of Services u Agreement and as required by law. Consultant shall be responsible for all reports s respecting such additional personnel, including, but not limited to: social sec tax withholding, unemployment insurance, disability insurance, and wor ranee .
within the ter
Exhibit "8" atta
has the profession
with such conditions.
respond to Consultant's su I tals i
provide a more detailed schedule
3;2.3 Endo
specifications, estimates (P
appropriate will indicate Consultant's a
. Consultant shall perform the Services expeditiously,
accordance with the Schedule of Services set forth in
ted herein by reference. Consultant represents that it
equired to perform the Services in conformance
t's conformance with the Schedule, City shall
er. Upon request of City, Consultant shall
rmance to meet the Schedule of S.ervices.

Consultant shall sign all plans,
ished by Consultant, and where
professi registration number.

3.2.4 Conformance to
Consultant shall be s1,1bject to the approval o

3.2.5 Substitution of Key Person . Co· ted to City that • certain key personnel will perfprm and coordinate the ement. Should one or more of such personnel become unavailable, C . titu e other personnel of at least equal competence upon written approval of City. In th that City and Consultant cannot agree as to the substitution of key personnel, City s e entitled to terminate this Agreement for cause. As discussed below, any personnel ii or refuse to perform the Services in a manner acceptable to the City, or who are rmined by the City to be uncooperative, ir,icompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: [INSERT NAME AND TITLE].

3.2.6 City's Representative. The City hereby designates [INSERT NAME AND TITLE], or his/her designee, to act as its representative in all matters pertaining to the administration and performance . of this Agreement C'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 2 55452.01100\31193624.5
4-15-22 / 6E-73
Scope of Work or change the Consultant's total compensation subject to the provisions contained iri 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 [INSERT NAME AND TITLE], 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 Coor •
in the performance of Se
f Services. Consultant agrees to work closely with City staff I be available to City's staff, consultants and other staff at all reasonable times.

Services under
generally rec
California. Con·
necessary to perf
shall have sufficient
Consultant represents th , its
qualifications and approvals of wha
and that such licenses and appro
ormance of Em lo ees. Consultant shall perform all
nd competent manner, consistent with the standards
y professionals in the same discipline in the State of
maintains that it is skilled in the professional calling t warrants that all employees and subconsultants
rm the Services assigned to them. Finally,
subconsultants have all licenses, permits,
are legally required to perform the Services,
As provided for in the indemnifi provIsIons
its own cost and expense and without rei
correct errors or omissions which are c
standard of care provided for herein. An
is determined by the City to be uncooper
completion of the Project, a threat to the safe
or refuses to perform the Services in a manner ac
from the Project by the Consultant and shall not b
or to work on the Project.
• hroughout the term of this Agreement.
ement, Consultant shall perform, at·
e City, any services necessary to
ltant's fa· to comply with the
-consultants who
quate or timely
oyee who fails
mptly removed
of the Services

3.2.10 Laws and Regulations. Consultant shall k elf fully informed of and in compliance with all local, state and federal laws, rules and re ns in any manner affecting the performance of the Project or the Services, including all C HA requirements, and shall give all notices required by law. Consultant shall be liable for violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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 3 55452.01100\31193624.5
4-15-22 I 6E-74
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, 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 in Exhibit "D" a
not exceed e .
approval of the
described below, a
Agreement.

3.3.2 Pa ment of
invoice which indicates work co
onsultant shall receive compensation, including
rendered under this Agreement at the rates set forth
ted herein by reference. The total compensation shall
entified in the Notice to Proceed, without written
ger as applicable. Extra Work may be authorized, as
ensated at the rates and manner set forth in this
invoice shall describe the amou Services pro
Consultant shall submit to City a monthly
ervices rendered by Consultant. The
the initial commencement date, or
since the start of the subsequent billing pe • e, through the date of the invoice.

City shall, within 30 days of receiving su
and approved charges thereon. If the Ci
written notice to Consultant within thirty (3
forth therein.

3.3.3 Reimbursement for E ens Con
expenses unless authorized in writing by City, or includ ay all non-disputed
the City shall give
disputed fees set

3.3.4 Extra Work. At any time during the te is Agreement, City may request that Consultant perform Extra Work. As used herein," ork" means any work which is determined by City to be necessary for the proper comple the Project, but which the Parties did not reasonably anticipate would be necessary at th xecution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. •

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 4 55452.01100\31193624.5
4-15-22 I 6E-75
of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and Since 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 com ply with the Prevailing Wage Laws.

3.3.6.2 applicable "public works" or "
Labor Code sections 172
registered with the De
registration for the du
project may also be
Consultant's sole
requirements, •
foregoing, the
1771.1 shall not
the small project e

3.4 Registration. If the Services are being performed as part of an tenance" project, in addition to the foregoing, then pursuant to 1771.1, the Consultant and all subconsultants must be
dustrial Relations ("DIR"). Consultant shall maintain
t and require the same of any subconsultants. This
monitoring and enforcement by the DIR. It shall be
with all applicable registration and labor compliance
ayroll records directly to the DIR. Notwithstanding the ments mandated by Labor Code sections 1725.5 and
. ed on a public works project that is exempt pursuant to L ode sections 1725.5 and 1771.1.

3.4.1 Maintenan d Ins ecti sultant shall maintain complete and red under this Agreement. All such
resentative of City during normal
accurate records with respect to osts and exp
records shall be clearly identifiable. Consu
business hours to examine, audit, and m
documents created pursuant to this Agree
documents, proceedings, and activities r
from the date of final payment under this Ag

3.5 General Provisions.

3.5.1 Termination of Agreement
es of su cords and any other
II n of all work, data,
of four (4) years

3.5.1.1 Grounds for Termination. ay, by written notice to Consultant, terminate the whole or any part of this Agreement time, with or without cause, by giving written notice to Consultant of such termination, an ecifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require 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 5 55452.01100\31193624.5
4-15-22 / 6E-76
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.

Consultant: Dudek
605 Third Street
Encinitas, CA 92024
ATTN: Bob Ohlund, vice President
City: City of San Clemente
91 O Calle Negocio
n Clemente, CA 92673
N: Public Works Director
Such notice shall
hours after deµ,
applicable ad
occurred, regar
personally delivered or when mailed, forty-eight (48)
ass postage prepaid and addressed to the party at its
e deemed adequate notice on the date actual notice
ice.

Agreement creates a non-exclusi
sublicense any and all copyrig esigns, and
specifications, studies, drawings, estimaf
any tangible medium of expression, in
magnetically or otherwise recorded on c
prepared by Consultant under this Agree
subconsultants to agree in writing that City
any Documents & Data the subconsultailt prepare
Licensin of Intellectual Pro ert . This
or City to copy, use, modify, reuse, or
ctual property embodied in plans,
nts or works of authorship fixed in
to, ph ·cal drawings or data
and warrants that Consultant has th~ legal righ lice
or caused to be
t shall require all
ual license for
ant represents
uments & Data.

Consultant makes no such representation and warrant
were prepared by design professionals other than Co nt or p City. City shall not be limited in any way in its use of the Docume that any such use. not within the purposes intended by this Agr ts & Data which
ti to Consultant by the
• ata at any time, provided
shall be at City's sole risk.

3.5.3.2 Confidentiality. All ideas,· m~ nda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data ·either created by or provided to .Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected 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, televisio'1 or radio production or other similar medium without the prior written consent of City. 6 55452.01100\31193624.5
4-15-22 / 6E-77

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, 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 sue ase; and/or (2) a final and non-appealable order by a court of competent jurisdiction requi ity release such information.

3.5.4 another, and shall t
appropriate or c
r Acts. The Parties shall fully cooperate with one
r sign any additional documents as may be necessary,
oses of this Agreement.
party, either leg a,
either party commences an action against the other
ise, arising out of or in connection with this Agreement, the prevailing party
reasonable attorney's
all titled to have and recover from the losing party
ch action.

3.5.6.1 he fullest ext
(with counsel of City's choosing), indemn·
employees, volunteers and agents free a
of action, costs, expenses, liability, loss, d
or persons, including wrongful death, in an
alleged acts, errors or omissions, or will
employees, subcontractors, consultants or agen
Consultant's Services, the Project or this Agreem : , incl all damages, expert witness fees and attorney's
ed by .law, Consultant shall defend
ty, its directors, officials, officers,
and all c s, demands, causes
y ~uity, to property
expenses. Consultant's obligation to indemnify shall n e restric or incident to any
ials, officers,
rmance of the
n the payment of
ted costs and
insurance proceeds, if
any, received by Consultant, the City, its officials, officers, empl agents, or volunteers.

3.5.6.2 If Consultant's obligation to d, indemnify, and/or hold harmless arises out of Consultant's performance as a "design fessional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining· a final adjudication by a court of • competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

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 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.

3.5.12 Assi n
transfer, either directly or b
prior written consent of th
hypothecates or trans
assignment, hypoth
participated f
construed simpl
referencing time,
days. All references
or Transfer. Consultant shall not assign, hypothecate, or ·on of law, this Agreement or any interest herein without the ttempt to do so shall be null and void, and any assignees, ire no right or interest by reason of such attempted
of Consultant, except as Ise sp
nces· Ca tions. Since the Parties or their agents have
Agreement, the language of this Agreement shall be
ning, and not strictly for or against any Party. Any term ce shall be deemed calendar days and not work
onnel, employees, agents, and subconsultants
greement. All references to City include its
unteers except as otherwise specified in this
graphs are for convenienc~ and ease
ribe the scope, content, or intent of
elected officials, officers, employee
Agreement. The captions of the
of reference only, and do not d
this Agreement.

3.5.14 Amendment· Modi
this Agreement shall be binding unless ex

3.5.15 Waiver. No waiver of an
default or breach, whether of the same or oth oven
privilege, or service voluntarily given or performed by contractual rights by custom, estoppel, or otherwise.

3.5.16 No Third-Party Beneficiaries. There
beneficiaries of any right or obligation assume9 by the Parties. r of any other
waiver, benefit,
other Party any
intended third party

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company 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 8 55452.01100\31193624.5
4-15-22 / 6E-79
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 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 hereinafter enacted.
-~-. • • cation. By its signature hereunder, Consultant certifies that it • is aware of the provisions • n 3700 of the California Labor Code which require every employer to be insured a or Worker's Compensation or to undertake self-insurance in accordance with th ode, and agrees to comply with such provisions before commencing the pe
reement. Consultant has all requisite power and
cute, deliver, and perform the Agreement. Each Party
igned this Agreement have the legal power, right, and
authority to co
warrants that th
authority to make t ind respective Party.

3.5.2 which shall constitute a

3.6 3.6.1 Prior A roval Re
the work required by this Agreement, e
approval of City. Subcontracts, if any,
provisions stipulated in this Agreement.
55452.01100\31193624.5
9 nt may be signed in counterparts, each of
ontract any portion of
'thout prior written
m subject to all
4-15-22 / 6E-80
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 Ci
San Clemente, Calif

APPROVED

BEST BEST
City Attorney

APPROVED AS TO AVAILA
OF FUNDING:

Finance Authorization
55452.01100\31193624.5

CITY OF SAN CLEMENTE
By: _____________ _
Its: -------------
Dated:-------,--~ 20 __
Dated: __________ _, 20 __
10 4-15-22 / 6E-81
EXHIBIT "A"

SCOPE OF SERVICES

ON FILE AT THE CITY CLERKS OFFICE
11 55452.01100\31193624.5
4-15-22 / 6E-82

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT 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 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 Hoch Consulting, an engineering consulting firm, with its principal place of business at 804 Pier View Way, Suite 100, Oceanside, CA 92054 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to
professional As-Needed En
required by the City on
represents that it is ex
Management consulti
applicable, and is familiar

2.2 Project.
d assume responsibility for the provision of certain
n and Construction Management consulting services
nditions set forth in this Agreement Consultant
professional Engineering, Design and Construction
clients, is licensed in the State of California, if
City desires to engage.Con nt to ren professional As-Needed Engineering, -Needed Municipal Utilities and Civil
r 1ect") as set forth in this
Design and Construction Management serv·
Engineering Design, and Construction Su
Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. romises and agrees to furnish to the City all labor, materials, tools, equipment, services, a incidental and customary work necessary to fully and adequately supply the professional engineering, design and construction management 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 the date above to a date three years after, 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 two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and sh_all meet any other established schedules and deadlines. 1 55452.01100\31193624.5
4-15-22 / 6E-83

3.2 Responsibilities of Consultant.

3.2.2 Sch
within the term of this A
Exhibit "B" attached h
has the professional a
with such conditions. In o
respond to Consultant's sub
provide a more detailed schedule of
Consultant shall perform the Services expeditiously,
cordance with the Schedule of Services set forth in
herein by reference. Consultant represents that it
el required to perform the Services in conformance
ltant's conformance with the Schedule, City shall
ner. Upon request of City, Consultant shall
ormance to meet the Schedule of Services.

3.2.3 Endorsement PS&E/ ta. Consultant shall sign all plans, specifications, estimates (PS&E) and en • rnished by Consultant, and where appropriate will indicate Consultant's auth

3.2.4 Conformance to A II
Consultant shall be subject to the approval of Cit
nal registration number.

I work prepared by

3.2.5 Substitution of Key Personnel. ans has represented to City that certain key personnel will perform and coordinate the Se • under this Agreement. Should one or more of such personnel become unavailable, Cons t may substitute other personnel of at least equal competence upon written approval of City. In he event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discusseq below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are • as follows: [INSERT NAME AND TITLE].

3.2.6 City's Representative. The City hereby designates [INSERT NAME AND TITLE], 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 compensatiqn 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 2 55452.01100\31193624.5
4-15-22 I 6E-84
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 [INSERT NAME AND TITLE], 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 staff, consultants and other staff at all reasonable times.

3.2.9 Stand
Services under this Agree
generally recognized as
California. Consulta
necessary to perform
shall have sufficient skill
Consultant represents that
qualifications and approvals of what
and that such licenses and approval
rformance of Em lo ees. Consultant shall perform all
nd competent manner, consistent with the standards
professionals in the same discipline in the State of
·ntains that it is skilled in the professional calling
nt warrants that all employees and subconsultants
rform the Services assigned to them. Finally,
subconsultants have all licenses, permits,
are legally required to perform the Services,
As provided for in the indemnificatio rovIsIons
• throughout the term of this Agreement.
reement, Consultant shall perform, at
its own cost and expense and without rei the Cit , any services necessary to correct errors or omissions which are ca
standard of care provided for herein. Any e
is determined by the City to be uncooperative,
completion of the Project, a threat to the safety of
n ·Iure to comply with the
or refuses to perform the Services in a manner accep
from the Project by the Consultant and shall not be rear to work on the Project. its sub-consultants who
he adequate or timely
any employee who fails
all be promptly removed
o perform any of the Services

3.2.1 0 Laws and Regulations. Consultant shal keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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 3 55452.01100\31193624.5
4-15-22 I 6E.-85
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 wal~ays, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching 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.

3.3 Fees and Payments.

3.3.1 Com ens .
authorized reimbursements, i
in Exhibit "D" attached here
riot exceed each proje
approval of the City C
described below, and i.

Agreement.

3.3.2 Pa ment of C
invoice which indicates work comp
Consultant shall receive compensation, including
s rendered under this Agreement at the rates set forth
ed herein by reference. The total compensation shall
ntified in the Notice to Proceed, without written
r as applicable. Extra Work may be authorized, as
ompensated at the rates and manner set forth in this
invoice .shall describe the amount o rvices r
Consultant shall submit to City a monthly
Services rendered by Consultant. The
ce the initial commencement date, or
since the start of the subsequent billing pe iate, through the date of the invoice.

City shall, within 30 days of receiving such
and approved charges thereon. If the City
written notice to Consultant within thirty (30) da
forth therein.
t • and pay all non-disputed
fees, the City shall give
f any disputed fees set

3.3.3 Reimbursement for Expenses. nsult all not be reimbursed for any expenses unless authorized in writing by City, or included i ibit "D" of this Agreement.

3.3.4 Extra Work. At any time during the rm of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonal:>ly anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

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 4 55452.01100\31193624.5
4-15-22 / 6E-86
of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and Since 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 wqrker 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, th~n 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 th roject and require the same of any subconsultants. This project may also be subject to ce monitoring and enforcement by the DIR. It shall be Consultant's sole responsibili with all applicable registration and labor compliance requirements, including th yroll records directly to the DIR. Notwithstanding the foregoing, the contractor ents mandated by Labor Code sections 1725.5 and 1771.1 shall not apply on a public works project that is exempt pursuant to the small project exem or Code sections 1725.5 and 1771.1.

3.4 3.4.1 Maintenance
accurate records with respect to all ts and e
records shall be clearly identifiable. Consul
business hours to examine, audit, and ma
documents created pursuant to this Agreem
documents, proceedings, and activities relate
from the date of final payment under this Agreem

3.5 General Provisions.

3.5.1 Termination of Agreement.
onsultant shall maintain complete and
urred under this Agreement. All such
representative of City during normal
c • h records and any other
pection of all work, data,
eriod of four (4) years

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective dat.e of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require 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 5 55452.01100\31193624.5
4-15-22 I 6E-87
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.

Consultant:

City:

Such notice shall be deemed
hours after deposit in the U
. applicable address. Act
occurred, regardless o

3.5.3 Hoch Consulting
804 Pier View Way, Suite 100
Oceanside, CA 92054
ATTN: Adam Hoch, President
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Public Works Director
personally delivered or when mailed, forty-eight (48)
ss postage prepaid and addressed to the party at its
deemed adequate notice on the date actual notice
Licensin of Intellectual Pro ert . This
Agreement creates a non-exclusive se for City to copy, use, modify, reuse, or sublicense any and all copyrights, gns, an tellectual property embodied· in plans, specifications, studies, drawings, estimates • ments or works of authorship fixed in any tangible medium of expression, incl • ysical drawings or data • magnetically or otherwise recorded on com epared or caused to be prepared by Consultant under this Agreement , sultant shall require all subconsultants to agree in writing that City is gr nd perpetual license for any Documents & Data the subconsultant prepares un . Consultant represents and warrants that Consultant has the legal right to ense and all Documents & Data.

Consultant makes no such representation and warranty in d to Documents & Data which were prepared by design professionals other than Consult r provided to Consultant by the City. City shall not be limited in any way in its use of the Docu ents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected 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 irJsignia, 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. 6 55452.01100\31193624.5
4-15-22 / 6E-88

Consultant shall have five (5) working days after receipt oUhe 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 -=c===
another, and shall take a
appropriate or convenie

3.5.5 party, either legal, ad •
the prevailing party in
reasonable attorney's fee

3.5.6 rther Acts. The Parties shall fully cooperate with one or sign any additional documents as may be necessary,
oses of this Agreement.
ther party commences an action against the other
, arising out of or in connection with this Agreement,
e entitled to have and recover from the losing party
f such action.

3.5.6.1 To fullest e itted by law, Consultant shall defend (with counsel of City's choosing), indemni City, its directors, officials, officers, employees, volunteers and agents free an claims, demands, causes of action, costs, expenses, liability, loss, da law or equity, to property or persons, including wrongful death, in any ma g to, or incident to any alleged acts, errors or omissions, or willful m t, its officials, officers.- employees, subcontractors, consultants or agents i the performance of the Consultant's Services, the Project or this Agreement, out limitation the payment of all damages, expert witness fees and attorney's and other related costs and expenses: Consultant's obligation to indemnify shall not b tricted to insurance proceeds, if any,. received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.5.6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of· Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to 9efend, shall not exceed the Consultant's proportionate 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.
7 55452.01100\31193624.5
4-15-22 I 6E-89

3.5.8 Governing Law. This Agreement shall be governed bythelawsoftheState 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 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.

3.5.12 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 cquire no right or interest by reason of such attempted assignment, hypothecation or tr

3.5.13 Cons
participated fully in the
construed simply, ace
referencing time, days
days. All references to C
of Consultant, except as oth
elected officials, officers, employees,
Agreement.· The captions of the var
of reference only, and do not define,
this Agreement.
ces· Ca tions. Since the Parties or their agents have
greement, the language of this Agreement shall be
g, and n_ot strictly for or against any Party. Any term ance shall be deemed calendar days and not work
all rsonnel, employees, agents, and subconsultants
Agreement. All references to City include its
lunteers except as otherwise specified in this
aragraphs are for convenience and ease
scribe the scope, content, or intent of

3.5.14 Amendment· Modific
this Agreement shall be binding unless execu
cation, or amendment of
both Parties.

3.5.15 Waiver. No waiver of any def
default or breach, whether of the same or other co ant
privilege, or service voluntarily given or performed by a contractual rights by custom, estoppel, or otherwise.
:e a waiver of any other
ndition. No waiver, benefit,
shall give the other. Party any

3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5: 17 Invalidity: Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force arid effect.

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company 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 8 55452.01100\31193624.5
4-15-22 / 6E-90
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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 em player to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions at Code, and agrees to comply with such provisions before commencing the performance of

3.5.21 Auth
authority to conduct its b
warrants that the indi •
authority to make this

3.5.22 which shall constitute

3.6 reement. Consultant has all requisite power and
te, deliver, and perform the Agreement. Each Party
ed this Agreement have the legal power, right, and
ach respective Party.
ent may be signed in counterparts, each of

3.6.1 Prior A roval Re u·
the work required by this Agreement, exc
approval of City. Subcontracts, if any, sha
. provisions stipulated in this Agreement.
ubcontract any portion of
in, without prior written
·fig them subject to all
9 55452.01100\31193624.5
4-15-22 / 6E-91
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 FO

BEST BEST & KRIE
City Attorney

APPROVED AS TO AVAILABIL
OF FUNDING:

Finance Authorization
55452.01100\31193624.5

CITY OF SAN CLEMENTE
By: _____________ _
Its: -------------
Dated: ________ __, 20_. _
("CONSULT ANT")
By: ___________ _
Its: ------------
Dated:-------~ 20 __
10 4-15-22 I 6E-92
EXHIBIT "A"

SCOPE OF SERVICES

ON FILE AT THE CITY CLERKS OFFICE
11 55452.01100\31193624.5
4-15-22 / 6E-93

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT 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 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 Project Partners, an engineering consulting firm, with its principal place of business at 23195 La Cadena Drive, Suite 101, Laguna Hills, CA 92653 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultan
professional A
required by t
represents that 1
Management con
applicable, and is fa

2.2 Project.

City desires to engag
Design and Construction Ma
Engineering Design, and Construction
Agreement.

3. TERMS.
. assume responsibility for the provision of certain
n and Construction Management consulting services
conditions set forth in this Agreement. Consultant
ing professional Engineering, Design ·and Construction
ubli lients, is. licensed in the State of California, if ofessional As-Needed Engineering,
eeded Municipal Utilities and Civil
ect ("Project") as set forth in this

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Con rees to furnish to the City all labor, materials, tools, equipment, service , and i al and customary work necessary to fully and adequately supply the professional engi , design and construction management consulting services necessary for the Project (''S s"). The Services are more particularly described in Exhibit "A" attached hereto and incorp 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 the date above to a d~te three years after, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement autom~tically for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. • 1 55452.01100\31193624.5
4-15-22 / 6E-94

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, other amounts due such personnel in connection with their performance of Services u Agreement and as required by law. Consultant shall be responsible for all reports s respecting such additional personnel, including, but not limited to: social sec tax withholding, unemployment insurance, disability within the ter
Exhibit "B" attac
ranee .
. Consultant shall perform the Services expeditiously,
ccordance with the Schedule of Services set forth in
ted herein by reference. • Consultant represents that it has the profession o equired to perform the Services in conformance with such conditions. at t's conformance with the Schedule, City shall respond to Consultant's su als i
provide a more detailed schedule

3.2.3 • Endor
specifications, estimates (P
appropriate will indicate Consultant's a

3.2.4 Conformance to
Consultant shall be subject to the approval o
ner. Upon request of City, Consultant shall
ormance to meet the Schedule of Services.

Consultant shall sign all plans,
ished by Consultant, and where
professi • registration number.

3.2.5 Substitution of Key Person . Co ted to City that
certain key personnel will perform and coordinate the ement. Should one or more of such personnel become unavailable, C stitute other personnel of at least equal competence upon written approval of City. In th that City and Consultant cannot agree as to the substitution of key personnel, City s e entitled to terminate this Agreement for cause. As discussed below, any personnel ii or refuse to perform the Services in a manner acceptable to the City, or who are rmined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: [INSERT NAME AND TITLE].

3.2.6 City's Representative. The City hereby designates [INSERT NAME AND TITLE], 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 2 55452.01100\31193624.5
4-15-22 I 6E-95
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 [INSERT NAME AND TITLE], or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Gonsultant'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 Coor •
in the performance of S
Services. Consultant agrees to work closely with City staff I be available to City's staff, consultants and other staff at all reasonable times.

Services under
generally rec
California. Co
ormance of Em lo ees. Consultant shall perform all
and competent manner, consistent with the standards
y professionals in the same discipline in the State of
maintains that it is skilled in the professional calling • necessary to perfo
shall have sufficient
nsu wam;1nts that all employees and subconsultants
Consultant represents th , its e
qualifications and approvals of wh
and that such licenses and appro
As provided for in the indemnifi provIsIons
its own cost and expense and without rei
correct errors or omissions which are
standard of care provided for herein. Any
is determined by the City to be uncooper
completion of the Project, a threat to the safe
or refuses to perform the Services in a manner a
from the Project by the Consultant and shall not b
or to work on the Project.
rm the Services assigned to them. Finally,
subconsultants have .all licenses, permits,
are legally required to perform the Services,
hroughout the term of this Agreement
ment, Consultant shall perform, at
e City, any services necessary to
ltant's • to com ply with the
-consultants who
equate or timely
oyee who fails
mptly rernoved
of the Services
. 3.2.1 O Laws and Regulations. Consultant shall k If fully informed of and in compliance with all local, state and federal laws, rules and r ns in any manner affecting the performance of the Project or the Services, including all C HA requirements, and shall give all r10tices required by law. Consultant shall be liable for violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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 3 55452,01100\31193624.5
4-15-22 / 6E-96
applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (8) 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, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection a'nd maintenance of all safety measures.

3.3 in Exhibit "D" a
not exceed e
approval of the
described below, a
Agreement.
onsultant shall receive compensation, including
rendered under this Agreement at the rates set forth
ed herein by reference. The total compensation shall
entified in the Notice to Proceed, without written
ger as applicable. Extra Work may be authorized, as
ensated at the rates and manner set forth in this

3.3.2 Pa ment of sati .
invoice which indicates work c and ho
invoice shall describe the amou Services pro
since the start of the subsequent billing per·
City shall, within 30 days of receiving su
and approved charges thereon. If the Ci
written notice to Consultant within thirty (3
forth therein. •
Consultant shall submit to City a monthly
ervices rendered by Consultant. The
• the initial commencement date, or
e, through the date of the invoice.
ay all non-disputed
the City shall give
disputed fees set

3.3.3 Reimbursement for Ex ens Con
expenses unless authorized in writing by City, or includ

Consultant shall not perform, nor be compensated for, ExtrnWork without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2;,the rate set forth in Exhibit "D" may be adjusted each year at the time of renewal as set forth in Exhibit "D." •

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 4 55452.01100\31193624.5
4-15-22 / 6E-97
of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and Since 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. applicable "public works" orll
Labor Code sections 172
registered with the Deg
registration for the du
project may also be
Consultant's sole
requirements, •
foregoing, the
1771 .. 1 shall not
the small project e

3.4 3.4.1 Maintenan
accurate records with respect to
Registration. If the Services are being performed as part of an tenance" project, in addition to the foregoing, then pursuant to 1771.1, the Consultant and all subconsultants must be
dustrial Relations ("DIR"). Consultant shall maintain
t and require the same of any subconsultants. This
monitoring and enforcement by the DIR. It shall be
with all applicable registration and labor compliance
ayroll records directly to the DIR. Notwithstanding the ements niandated by Labor Code sections 1725.5 and
ed on a public works project that is exempt pursuant to L ode sections 1725.5 and 1771.1.
records shall be clearly identifiable. Cons
business hours to examine, audit, and m
documents created pursuant to this Agre
documents, proceedings, and activities r
from the date of final payment under this Ag
sultant shall maintain complete and
red under this Agreement. All such
resentative of City during normal
es of s cords and any other
II n of all work, data,
of four (4) years

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. ay, by written notice to Consultant, terminate the whole or any part of this Agreement a time, with or without cause, by giving written notice to Consultant of such termination, an ecifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require 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 ·5
55452.01100\31193624.5
4-15-22 I 6E-98
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.

Consultant:

City:

Project Partners
23195 La Cadena Drive, Suite 101
Laguna Hills, CA 92653
ATTN: Kimo Look, Principal
City of San Clemente
910 Calle Negocio
an Clemente, CA 92673
N: PubJic Works Director
Such notice shall
hours· after deR
applicable ad
occurred, regar
personally delivered or when mailed, forty-eight (48)
ass postage prepaid and addressed to the party at its
deemed adequate notice on the date actual notice
ice.

Agreement creates a non-exclusi
sublicense any and all copyrig esigns, and
specifications, studies, drawings, estimates
any tangible medium of expression, in
magnetically or otherwise recorded .on c
prepared by Consultant under this Agree
subconsult?ints to agree in writing·that City
any Documents & Data the subconsultant prepar
Licensin of Intellectual Pro ert . This
for-City to copy, use, modify, reuse, or·
ectual property embodied in plans,
nts or works of authorship fixed in
to, ph ·cal drawings or data
or caused to be
and warrants that Consultant has the legal righ lice
t shall require all .
ual license for
ant represents
uments & Data.

Consultant makes no such representation and warrant
were prepared by design professionals other than Co ant or p City. City shall not be limited in any way in its use of the Docume that any such use not within the purposes intended by this Agre ts & Data which
to Consultant by the
ata at any time, provided
t shal_l be at City's sole risk.

3.5.3.2 Confidentiality. All · ideas, me and a, specifications, plans, procedures, drawings, descriptions, compute~ program data, input record. data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected 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. 6 55452.01100\31193624.5
4-15-22 I 6E-99

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 frorn 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 sue ase; and/or (2) a final and non-appealable order by a court of competent jurisdiction requi ity release such information.

3.5.4 another, and shall t
appropriate or co
party, either leg
r Acts. The Parties shall fully cooperate with one
sign any additional documents as may be necessary,
ses of this Agreement.
either party commences an action against the other
ise, arising out of or in connection with this Agreement, the prevailing part
reasonable attorney's
II titled to have and recover from the losing party
ch action.

3.5.6 3.5.6.1
(with counsel of City's choosing),
employees, volunteers and agents free a
of action, costs, expenses, liability, loss, d
or persons, including wrongful death, in an
alleged acts, errors or omissions, or will
employees, subcontractors, consultants or age
Consultant's Services, the Project or this Agreem incl
all damages, expert witness fees and attorney's
ed by law, Consultant shall defend
·ty, its directors, officials, officers,
arid all c s, demands, causes
y equity, to property
of, , r incident to any
t of ·cials, officers,
expenses. Consultant's obligation to indemnify shall n restric rmance of the
n the payment of
, ted costs and
insurance proceeds, if
any, received by Consultant, the City, its officials, officers, emplo agents, or volunteers.

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 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.

3.5.12 Assi n
transfer, either directly or b
prior written consent oft
hypothecates or trans
assignment, hypoth
participated flf
construed simpl
referencing time,
days. All references
or Transfer. Consultant shall not assign, hypothecate, or ·on of law, this Agreement or any interest herein without the ttempt to do so shall be null and void, and any assignees, ire no right or interest by reason of such attempted
• ces· Ca tions. Since the Parties or their agents have Agreement, the language of this Agreement shall be
ning, and not strictly for or against any Party. Any term of Consultant, except as Ise sp
• ce shall be deemed calendar days and not work
onnel, employees, agents, and subconsultants
greement. All references to City include its
nteers except as otherwise specified in this
graphs are for convenience and ease
ribe the scope, content, or intent of
elected officials, officers, employee
Agreement. The captions of the
of reference only, and do not d
this Agreement.

3.5.14 Amendment· Modi
this Agreement shall be binding unless ex

3.5.15 Waiver. No waiver of an
default or breach, whether of the same or oth oven
privilege, or service voluntarily given or performed by contractual rights by custom, estoppel, or otherwise.

3.5.16 No Third-Party Beneficiaries. There
beneficiaries of any right or obligation assumed by the Parties. of any other
waiver, benefit,
other Party any
intended third party

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company 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 8 55452.01100\31193624.5
4-15-22 I 6E-101
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 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 hereinafter enacted.
is aware of the provisions
employer to be insured
in accordance with the ,
commencing the pe
·cation. By its signature hereunder, Consultant certifies that it • n 3700 of the California Labor Code which require every rWorker's Compensation orto undertake self-insurance
ode, and agrees to comply with such provisions before
authority to co
warrants that th
authority to make t

3.5.2 which shall constitute a

3.6 3.6.1 Prior A roval Re
the work required by this Agreement, e
approval of City. Subcontracts,· if any,
provisions stipulated in this Agreement.
55452.01100\31193624.5
reement. Consultant has all requisite power and
cute, deliver, and perform the Agreement. Each Party
igned this Agreement have the legal power, right, and
9 respective Party.
nt may be signed in counterparts, each of
ontract any portion of
• hout prior written
m subject to all
4-15-22 I 6E-102
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 c·
San Clemente, Calif

APPROVED

BEST BEST
City Attorney
APPROVED AS TO AVAILA •
OF FUNDING:

Finance Authorization
55452.01100\31193624.5

CITY OF SAN CLEMENTE
By: _____________ _
Its: -------------
Dated: ________ _, 20 __
Dated: _______ _, 20 __
10 4-15-22 I 6E-103
EXHIBIT "A"

SCOPE OF SERVICES

ON FILE AT THE CITY CLERKS OFFICE
11 55452.01100\31193624.5
4-15-22 / 6E-104

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 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 PdM Consulting, Inc., an engineering consulting firm, with its principal place of business at 4678 Adra Way, Oceanside, CA 92056 ("Consultant"). City·and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consult an
professional As
required by t
represents that
Management con
applicable, and is fa

2.2 Project.

City desires to engage
Design and Construction Ma
Engineering Design, and Const
Agreement. •

3. TERMS.
assume responsibility for the provision of certain
n and Construction Management consulting services
conditions set forth in this Agreement. . Consultant
ing professional Engineering, Design and Construction
ubl' lients, is licensed in the State of California, if ofessional As-Needed Engineering,
eeded Municipal Utilities and Civil
ect ("Project") as set forth in this

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. t prom· rees to furnish to the City all labor, materials, tools, equipment, services, and i al and customary work necessary to fully and adequately supply the professional engi , design and construction management consulting services necessary for the Project (''S s"). The Services are more particularly described in Exhibit "A" attached hereto and incorp ed 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 the date above to a date · three years after, 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 two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 1 55452.01100\31193624.5
4-15-22 / 6E-105

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, other amounts due such personnel in connection with their performance of Services u Agreement and as required by law. Consultant shall be responsible for all reports respecting such additional personnel, including, but not limited to: social sec tax withholding, unemployment insurance, disability within the ter
Exhibit "B" attac
has the profession
with such conditions.
respond to Consultant's su I ta!
provide a more detailed schedule

3.2.3 Endor
specifications, estimates (P
appropriate will indicate Consultant's au
ranee .
. Consultant shall perform the Services expeditiously,
ccordance with the Schedule of Services set forth in
ted herein by reference. • Consultant represents that it o equired to perform the Services in conformance
t's conformance with the Schedule, City shall
ner. Upon request of City, Consultant shall
ormance to meet the Schedule of Services.

Consultant shall sign all plans,
ished by Consultant, and where
professi registration number.

3.2.4 Conformance to
Consultant shall be subject to the approval o

3.2.5 Substitution of Ke Perso . Co ted to City that
certain key personnel will perform and coordinate the ement. Should one or more of such personnel become unavailable, C stitute other personnel of at least equal competence upon written approval of City. In th that City and Consultant cannot agree as to the substitution of key peq,onnel, City s entitled to terminate this Agreement for cause. As discussed below, any personnel ii or refuse to perform the Services in a manner acceptable to the City, or who are rmined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion 9f the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: [INSERT NAME AND TITLE].

3.2.6 City's Representative. The City hereby designates [INSERT NAME AND TITLE], 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 2 55452.01100\31193624.5
4-15-22 I 6E-106
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 [INSERT NAME AND TITLE], 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 Coor •
in the performance of Se
f Services. Consultant agrees to work closely with City staff II be available to City's staff, consultants and other staff at all reasonable times.

Services under
generally rec
California. Cons
necessary to perfo
shall have sufficient
ormance of Em lo ees. Consultant shall perform all
nd competent manner, consistent with the standards
y professionals in the same discipline in the State of
maintains that it is skilled in the professional calling n t warrants that all employees and subconsultants
Consultant represents tha , its
qualifications and approvals of wha
and that such licenses and appro •
As provided for in the indemnifi n provIsIons.
its own cost and expense and without rei
correct errors or omissions which are
standard of care provided for herein. An
is determined by the City to be uncooper
completion of the Project, a threat to the saf
or refuses to perform the Services in a manner ac
from the Project by the Consultant and shall not b
or to work on the Project.
rm the Services assigned to them. Finally,
subconsultants have all licenses, permits,
are legally required to perform the Services,
hroughout the term of this Agreement.
ment, Consultant shall perform, at
e City, any services necessary to
ltant's f • to comply with the
-consultants who
equate or timely
yee who fails
mptly removed
of the Services

3.2.10 Laws and Regulations. Consultant shall k elf fully informed of and in compliance with all local, state and federal laws, rules and re , s in any manner affecting the performance of the Project or the Services, including all C A requirements, and shall give all notices required by law. Consultant shall be liable for violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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 3 55452.01100\31193624.5
4-15-22 I 6E-107
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, 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 3.3.1
authorized reimb
in Exhibit "D" a
not exceed e
approval of the
described below, a
Agreement.

3.3.2 Pa ment of
invoice which indicates work co
onsultant shall receive compensation, including
rendered under this Agreement at the rates set forth
ted herein by reference. The total compensation shall
entified in the Notice to Proceed, without written
ager as applicable. Extra Work may be authorized, as
be ensated at the rates and manner set forth in this
invoice shall describe the amou Services pro
Consultant shall submit to City a monthly
ervices rendered by Consultant. The
the initial commencement date, or
since the start of the subsequent billing per· e, through the date of the invoice.

City shall, within 30 days of receiving su
and approved charges thereon. If the Ci
written notice to Consultant within thirty (3
forth therein.

3.3.3 Reimbursement for'E en Con
expenses unless authorized in writing by City, or includ ay all non-disputed
the City shall give
disputed fees set

3.3.4 Extra .Work. At any time during the ter is Agreement, City may request that Consultant perform Extra Work. ·As used herein, "E ork" means any work which is determined by City to be necessary for the proper com pie the Project, but which the Parties did not reasonably anticipate would be necessary at th xecution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pur~uant to Section 3.1.2, the rate set forth in Exhibit "D" may be adjusted each year at the time of renewal as set forth in Exhibit "D."

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 4 55452.01100\31193624.5
4-15-22 / 6E-108
of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and Since 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.

3.3.6.2 applicable "public works" or "
Labor Code sections 172
registered with the De
registration for the du •
project may also be
Consultant's sole
requirements, •
foregoing, the
1771.1 shall not
th·e small project e

3.4 3.4.1 Maintenan
accurate records with respect to •
Registration. If the Services are being performed as part of an tenance" project, in addition to the foregoing, then pursuant to 1771.1, the Consultant and all. subconsultants must be
dustrial Relations ("DIR"). Consultant shall maintain
t and require the same of any subconsultants. This
monitoring and enforcement by the DIR. . It shall be
with all applicable registration and labor compliance
ayroll records directly to the DIR. Notwithstanding the ements mandated by Labor Code sections 1725.5 and
ed qn a public works project that is exempt pursuant to L ode sections 1725.5 and 1771.1.
sultant shall maintain complete and
records shall be clearly identifiable. Consu
business hours to examine, audit, and m
documents created pursuant to this Agre
documents, prnceedings, and activities r
from the date of final payment under this Ag
red under this Agreement. All such
presentative of City during normal
• es of su ords and any other
II of all work, data,
of four (4) years

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination: ay, by written notice to • Consultant, terminate the whole or any part of this Agreement time, with or without cause, by giving written notice to Consultant of such termination, an ecifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require 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 5 55452.01100\31193624.5
4-15-22 I 6E-109
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 respective parties may provide in writing for this purpose:

Consultant:

City:

PdM Consulting, Inc;
4678 Adra Way
Oceanside, CA 92056
ATTN: Pieter de Monchy
. City of San Clemente
910 Calle Negocio
an Clemente, CA 92673
N: Public Works Director
Such notice shall
hours after deP.
applicable ad
occurred, regar
personally delivered or when mailed, forty-eight (48)
ass postage prepaid and addressed to the party at its
deemed adequate notice on the date actual notice
Do
Agreement creates a non-exclu •
sublicense any and all copyrig esigns, and
specifications, studies, drawings, estimates
. any tangible medium of expression, in
magnetically. or otherwise recorded on c
prepared by Consultant under this Agreem
subconsultants to agree in writing that City
any Documents & Data the subconsultant prepar
Licensin of Intellectual Pro ert . This
for City to copy, use, modify, reuse, or
tual property embodied in plans,
nts or works of authorship fixed in
to, ph ·cal drawings or data
and warrants that Consultant has the legal righ lice
d or caused to be
t shall require all
ual license for
ant represents
uments & Data.
ts & Data which
to Consultant by the
Consultant makes no such representation and warrant
were prepared by design professionals other than Co • ant or p City. City shall not be limited in any way in its use of the Docume that any such use not within the purposes intended by this Agr • ata at any time, provided
t shall be at City's sole risk.

3.5.3.2 Confidentiality. All . ideas, me anda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected 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. 6 55452.01100\31193624.5
4-15-22 / 6E-110

Consultant shall have five (5} working days afterreceipt 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), arid hold City harmless from any legal action brought to compel sue "' ase; and/or (2) a final and non-appealable order by a court of competent jurisdiction requi ity release such information. party, either leg
the prevailing part
reasonable attorney's

3.5.6 er Acts. The Parties shall fully cooperate with one r sign any additional documents as may be necessary,
oses of this Agreement.
either party commences 1;1n action against the other
ise, arising out of or in connection with this Agreement, ntitled to have .and recover from the losing party
ch action.

3.5.6.1 e fullest ext
(with counsel of City's choosing), indemn·
employees, volunteers and agents free a
• ed by law, Consultant shall defend
·ty, its directors, officials, officers,
and all c s, demands, causes
of action, costs, expenses, liability, loss, d y equity, to property or persons, including wrongful death, in an t of or incident to any alleged acts, errors or omissions, or will
employees, subcontractors, consultants or agen
t of 'cials, • officers,
Consultant's Services, the Project or this Agreem , incl , all damages, expert witness fees and attorney's
expenses. Consultant's obligation to indemnify shall n restric • rmance of the
the payment of
ted costs and
insurance proceeds, if
any, received by Consultant, the City, its officials, officers, emplo agents, or volunteers.

3.5.6.2 If Consultant's obligation to , d, indemnify, and/or hold harmless arises out of Consultant's performance as a "design ofessional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

3.5.8 Governing Law. This Agreement shall be governed bythelawsoftheState 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 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.

3.5.12 Assi nme t or Transfer. Consultant ·shall not assign, hypothecate, or transfer, either directly orb on of law, this Agreement or any interest herein without the prior written consent of • ttempt_to do so shall be null and void, and any assignees, hypothecates or tran ·re no right or interest by reason of such attempted assignment, hypoth
ces· Ca tions. Since the Parties or their agents have
participated J Agreement, the language of this Agreement shall be construed simpl ningi and not strictly for or against any Party. Any term referencing time; or ce shall be deemed calendar days and not work days. All references clud onnel, employees, agents, and subconsultants of Consultant, except as se sp greement. All references to City include its. elected officials, officers, employees unteers except as otherwise specified in this Agreement. The captions of the raphs are for convenience and ease of reference only, and do not d ribe the scope, content, or intent of this Agreement. •

3.5.14 Amendment· Modi
this Agreement shall be binding unless ex

3.5.15 Waiver. No waiver of a
default or breach,. whether of the same or .oth ovena
privilege, or service voluntarily given or performed by contractual rights by custom, estoppel, or otherwise.

3.5.16 No Third-Party Beneficiaries. There
beneficiaries of any right or obligation assumed by 'the Parties. r of any other
waiver, benefit,
other Party any
no intended third party

3.5.17 Invalidity: Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, tlie remaining provisions shall continue in full force and effect.

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company 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 8 55452.01100\31193624.5
4-15-22 / 6E-112
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.2 which shall constitute a

3.6 cation. By its signature hereunder, Consultant certifies that it • n 3700 of the California Labor Code which require every or Worker's Compensation or to undertake self-insurance ode, and agrees to comply with such provisions before
05;.
reement. Consultant has all requisite power and
cute, deliver, and perform the Agreement. Each Party
igned·this Agreement have the legal power, right, and
ind· respective Party.
nt may be signed in counterparts, each of

3.6.1 Prior A roval Re
the work required by this Agreement, e
approval of City. Subcontracts, if any,
provisions stipulated in this Agreement.
contract any portion of
'thout prior written
m subject to all
9 55452.01100\31193624.5
4-15-22 / 6E-113
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 Ci
San Clemente, Calif

APPROVED

BEST BEST
City Attorney

APPROVED AS TO AVAILA
OF FUNDING:

Finance Authorization
55452.01100\31193624.5

CITY OF SAN CLEMENTE
By: ______ __,. ______ _
Its: -------------
Dated: ________ 20 __
Dated: ________ , 20 __
10 4-15-22 I 6E-114
EXHIBIT "A"

SCOPE OF SERVICES

ON FILE AT THE CITY CLERKS OFFICE
11 55452.01100\31193624.5
4-15-22 / 6E-115
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: April 5, 2022
Public Works / Engineering
Masako Hennequin, Associate Civil Engineer
Agenda Item G:, f
Approvals:

City Manager t.S
Dept. Head (~· ~y-_ - Attorney CJ'
~--
Finance J~
ACCEPTANCE AND NOTICE OF COMPLETION FOR THE FY 2020 MAJOR STREET MAINTENANCE, FY 2021 SLURRY SEAL PROGRAM, FY 2022 ARTERIAL STREET PAVEMENT MAINTENANCE PROGRAM, AND FY 2022 PAVEMENT PRESERVATION PROGRAM, PROJECT Nos. 20305, 21303, 12302 AND 22304
Fiscal Impact: Yes. The project was completed within the approved budget of $2,261,385.

Summary: All American Asphalt has completed the construction contract within budget and staff recommends Council acceptance.

Background: The construction contract was awarded to the All American Asphalt by the City Council on July 20, 2021 to construct the subject project in the areas shown in the location map provided in Attachment 1 and other repair locations throughout the City's street right-of-way. The purpose of the contract was to perform various types of maintenance to extend the service life of the pavement. The project also included pavement restriping to provide more complete streets for all users.

Recommended
Project cost summary is as follows:

Administration and Engineering Design (rounded up)
Construction Management and Inspection (rounded up)
Construction (rounded up)
Total Project Cost (rounded up)
$96,000
75,000
1,919,000
$2,090,000
Action: STAFF RECOMMENDS THAT the City Council:

1. Accept the FY 2020 Major Street Maintenance, FY 2021 Slurry Seal Program, FY 2022 Arterial Street Pavement Maintenance Program, and FY 2022 Pavement Preservation Program, City Project Nos. 20305, 21303, 12302 and 22304 from the All American Asphalt; •

2. Authorize the Public Works Director to execute and record the Notice of Completion for FY 2020 Major Street Maintenance, FY 2021 Slurry Seal Program, FY 2022 Arterial Street Pavement Maintenance Program, and FY 2022 Pavement Preservation Program, City Project Nos. 20305, 21303, 12302 and 22304; Public Works Agenda Report
4-5-22 I 6F-1
Agenda Report Page 2

4. Authorize the City Clerk to release the Performance Bond upon receipt of a Warranty Bond in the amount of 25% of the construction cost.

Attachments: 1. Location Map

2. Notice of Completion
Notification: None.
i:\cd\engineering\secure\admin\2022\4-5\4-5-22-3r.docx
4-5-22 I 6F-2
• I ' ; ....; / ._ • ..,-\' ......

City of San Clemente
91 0 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel: (949) 361-3600
Fax: (949) 361-8316
Attachment 1

LOCATION MAP
FY 2020 Major Street Maintenance
FY 2021 Slurry Seal Program
FY 2022 Arterial Pavement Maintenance Program
FY 2022 Pavement Preservation Pro ram
P.N. 20305 & 21303 & 12302 & 22304
4-5-22 I 6F-3
Attachment 2
Recording Requested By:

City of San Clemente
When Recorded, Mail To:

Public Works Department
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Recorded for the benefit of the City of San
Clemente and exempt from recording fees
pursuant to Government Code Section 27383.

Space above this line is for Recorder's Use Only

NOTICE OF COMPLETION
Notice is hereby given by the City of San Clemente, a Municipal Corporation, that a public work of improvement has been completed as follows:

1. Project title or description of work: FY 2020 Major Street Maintenance, FY 2021 Slurry Seal Program, FY 2022 Arterial Street Pavement Maintenance Program, and FY 2022 Pavement Preservation Program, Project Nos. 20305, 21303, 12302 and 22304.

2. Date of completion: February 25, 2022.

3. Street address or legal description of the project site: Various streets

4. Name of owner: City of San Clemente.-

5. Interest or estate of owner: Public Facility; Owned in Fee.

6. Address of owner: 910 Calle Negocio, Suite 100, San Clemente, CA 92673

7. Name and address of contractor. All American Asphalt, 400 East Sixth Street, Corona, CA 92879.

I am the Public Works Director/ City Engineer for the City of San Clemente, a Municipal Corporation, the owner of the indicated interest or estate in the property described above.

I make this verification on behalf of the City of San Clemente. I have read this Notice of Completion and know its contents. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on ____________ in San Clemente, California.

Kiel Koger, Public Works Director I City Engineer
City of San Clemente
4-5-22 I 6F-4
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: April 5, 2022
Public Works / Engineering
Amir llkhanipour, Senior Civil Engineer
Agenda Item Co 8\
Approvals:

City Manager (S
- -- Dept. Head ~t,t,,____
Attorney (:5
~-- Finance j'{.-
ACCEPTANCE AND NOTICE OF COMPLETION FOR THE BUILDING "N" REPAIRS AND UPGRADES, PROJECT Nos. 21206 AND 21406
Fiscal Impact: Yes. The total construction cost of $91,663 is within the approved construction budget of $92,365 from the Sewer Depreciation and Water Depreciation Funds.

Summary: Acceptance and Notice of Completion for the completion of contract work completed on Building "N" Repairs and Upgrades performed by Thomas Solar Energy.

Background: On May 18, 2021, the City Council awarded a construction contract to Thomas Solar Energy for the Building "N" Repairs and Upgrades (Attachment 3). Building "N" is located within the Water Reclamation Plant and houses the Utility Departments' administration staff. The work consisted of interior and exterior painting, replacing skylights, composite roofing, exterior light fixtures and air supply diffusers, as well as some damaged concrete walkways.

Recommended
A summary of the total expenditures is provided below:

Construction Management and Inspection
Construction
Total Project Cost
$11,497
80 166
$91,663
Action: STAFF RECOMMENDS THAT the City Council:

1. Accept the Building "N" Repairs and Upgrades, Project Nos. 21206 and 21406 from Thomas Solar Energy;

2. Authorize the Public Works Director to execute and record the Notice of Completion for Building "N" Repairs and Upgrades, Project Nos. 21206 and 21406; and

Public Works Agenda Report 4-5-22 I 6G-1
Agenda Report Page2
I.•
Attachments: 1. Location Map

2. Notice of Completion

3. Staff Report Dated August 18, 2020 (without attachments).

Notification: None.
s:\cd\engineering\secure\admin\2022\4-5\4-5-22-1 r.docx 4-5-22 I 6G-2

NOTTO SCALE

HEAD COASTAL
/ /
PROJECT---.

LOCATION
Attachment 1
Recording Requested By:

City of San Clemente
When Recorded, Mail To:

Public Works Department
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attachment 2
Recorded for the benefit of the City of San
Clemente and exempt from recording fees
pursuant to Government Code Section 27383 ..

Space above this line is for Recorder's Use Only

NOTICE OF COMPLETION
Notice is hereby given by the City of San Clemente, a Municipal Corporation, that a public work of improvement has been completed as follows:

1. Project title or description of work: Building "N" Repai~ and Upgrades, Project Nos. 21206 and 21406

2. Date of completion: January 24, 2022

3. Street address or legal description of the project site: 380 A venida Pico, San Clemente, CA 92672

4. Name of owner. City of San Clemente
5 . . Interest or estate of owner: Public Right-of-Way

6. Address of owner. 910 Calle Negocio, San Clemente, CA 92673

7. Name and address of contractor: Thomas Solar Energy, 15030 Goldenwest Circle, #11612, Westrninster, CA
I am the Public Works Director/City Engineer for the City of San Clemente, a Municipal Corporation, the owner of the indicated interest or estate in the property described above.

Executed on in San Clemente, California. ------------
Kiel Koger, Public Works Director/ City Engineer
City of San Clemente
4-5-22 I 6G-4
IMI

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: May 18, 2021
Attachment- 3
Agenda Item \Ji CJ
Approvals:

Clty Manager 'i)
Dept.Head~
Attorney --- Finance iii' (
Department: Public Works/ Engineering Division
Prepared By: Amir K. llkhanipo~r, Senior Civil E_ngfneer Subject: CONSTRUCTION CONTRACT AWARD TO THOMAS SOLAR ENERGY FOR THfE BUILDING 'W" Ri:PAIRS AND UPGRADES, PROJECT Nos. 21206 & 21406 . •
Fiscal Impact: • Yes. The total fiscal impact of $99,365 is within the total ~pproved budget of $101,500 for the Building 11N" Repairs and Upgrades. $25,000 and $76,500 are provided from the Sewer Depreciation and Water Depreciation Funds, respectively.

Summary: Staff recommends approval of a construction contract with Thomas Solar Energy for a total amount of $74,965 for the Building "N" Repairs and Upgrades.

Background: Building "N" is located within the Water Reclamation Plant and houses the Water, Sewer and Environmental departments' adm,inistration staff (see location Map in Attachment 1). Based on a building evaluation and structural assessment performed in 2013, repairs and upgrades of interior and exterior painting, replacing skylights and composite roofing, replacing substandard light fixtures, replacing air. supply diffusers and some damaged concrete walkways were recommended.

A btd package for the above repairs and upgrades was adverti~ed on the PlanetBids website and· bids were re~ived on April 15, 2021. Bids ranged _from $74,965 to $155,320, as shown on Attachment 2. The low bid of $74,965 was from Thomas Solar Energy of Westminster, California. Based on the low bid; project costs are estimated as follows:

Design, Project Management, Permitting
Construction Management, Administration & Inspection
Construction •
Construction Contingency (10%)
Total Estimated Project Cost
$ 7,000
10,000
74,965
7,400
$99,365
When submitting electronic bid proposals on the PlanetBids website, hi. addition to filling up each bid line item on the PlanetBids, contractors are also Instructed to fill up City provided forms in the project Specifications ~nd then upload those forms on the PlanetBids. Additionally, despite of uploading copies of the Bid Bonds along the electronic bidding, hard copies of the Bid Bonds are required.to be provided to the City prior to the bid opening at 2:00 p.m. Thomas Solar Energy delivered hard copies of the Bid Bonds to the City after 2:00 p.m. on April 15, 2021, and,onty referred to the PlanetBids bid line items and did not fill up the City provided forms. Upon consultation with the City Attorney, staff recommends City Councn to wai\le these minor 4-5-22 I 6G-5
• --- ----- - __ ,. ___ ,,. --·- -~-- -------·--·-·--·----· __ ,._ ----------------·-- - --- -- - - ----·------- - - - ~- - - ~- ----- - ~-~· - ·- -- -- -- -- Agenda Report Page 2
irregularities since they are immaterial deviations, and conside:r Thomas Solar Energy as a responsive bidder.

As reql1ired by City Policy and State Law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 3). A warranty bond will also be required prior to City Council acceptance of the project. Project plans and specifications are on file in the City Clerk's office.

Recommended .

Action: STAFF RECOMMENDS THAT the City CouncH:

1. Approve the Plans and Specifications for the Building "N" Repairs and Upgrades, Project Nos. 21206 & 21406; and

2. Approve and authorize the Interim Public Works Director to execute, Contract No. ___ , by and between the City of San Clemente and Thomas Solar Energy, in the amount of $741965, for the Building "N" Repairs' and Upgrades, Project Nos. 21206 & 21406.

Attachments: 1. Location Map • •

2. Bidders' List

3. Contract
Notification: None.
s:\cd\engineerlng\secure\admln'2021 \5-18-21 \5-18-21-1 r ,docx • 4-5-22 I 6G-6
Department:

Prepared By:

Subject:

Fiscal Impact:

Summary:

Background:

Discussion:

Utilities

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: April 5, 2022
Julie Schmidt, Management Analyst II
Agenda Item (o tt
Approvals:

Dept. Hea \

APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH OCEAN BLUE ENVIRONMENTAL SERVICES INC. FOR ENVIRONMENTAL ON-CALL SERVICES = HAZARDOUS WASTE RESPONSE, CLEANUP, REMOVAL, AND DISPOSAL.

Yes. There is sufficient funding in the approved Fiscal Year 2021-22 budget for these services, in the Storm Drain Utility Fund Operating Budget Account Number 059-552- 43890. Depending upon the incident, and if a responsible party is identified, staff will request reimbursement of expenses.

Staff is requesting approval of a Professional Services Agreement with Ocean Blue Environmental Services Inc. for Environmental On-Call Services - Hazardous Waste Response, Cleanup, Removal, and Disposal.

The City requires on-call hazardous waste cleanup services to be performed by a licensed contractor that is available 24 hours a day, 365 days a year for these specialized services and also requires scheduled non-emergency pickup and disposal of hazardous waste. This on-call or scheduled coverage allows the City to maintain compliance with regulations regarding the cleanup and disposal of hazardous waste within the public right of way from materials or liquids, such as, gasoline, oils, pesticide chemicals, bio-waste (including blood and tissue), paints, and miscellaneous chemical spills after accidents or due to improper disposal or storage. All of these types of materials must be kept from the City's storm drain system to comply with the City's Clean Ocean Program and the Clean Water Act. The public must also be protected from exposure to these materials in order to preserve the public health.

In October 2021, staff posted a Request for Proposal on PlanetBids for Environmental On-Call Services - Hazardous Waste Response, Cleanup, Removal, and Disposal requesting proposals from qualified contractors to provide hazardous waste on-call response, cleanup, removal and proper legal disposal for the City's hazardous waste response needs. Four proposals were received from Clean Earth, Inc., Ocean Blue Environmental Services, Inc., Patriot Environmental Services, and US Ecology. When evaluating the proposals, staff considered the following items per City Policy and Procedure 201-2-3: experience of the contractor, special knowledge of the subject matter, ability to perform the services in the time allowed, and record of success for similar work.

Utilities staff reviewed the proposals and conducted interviews with the four proposers, and is recommending Ocean Blue Environmental Services. The City has worked with Utilities Agenda Report 4-5-22 I 6H-1
Agenda Report
Recommended
Page2
Ocean Blue Environmental Services, and they were responsive to requests from City staff and Orange County Sheriff's Department staff. Ocean Blue is recommended based on their professional knowledge of the requirements in collecting and disposing hazardous waste, ease of scheduling, and previous performance assisting the City with these services.

Staff is recommending an initial three-year Agreement, with the option for two, oneyear extensions after the initial three year period with approval of the City and the Contractor. The initial Agreement is recommended for $75,000 and the rates from Ocean Blue Environmental Services will be fixed for the initial three-year Agreement, with the exception of Prevailing Wage Rates which are set by the California Department of Industrial Relations and updated periodically. In addition, staff is recommending the City Council authorize the City Manager to extend the contract for two additional one-year periods based on funding for the services that is approved in the annual budget at the time the extensions are needed.

Action: STAFF RECOMMENDS THAT the City Council:

1. Approve, and authorize the City Manager to execute, Contract ___ by and between the City of San Clemente and Ocean Blue Environmental Services, Inc., for a three-year period providing for Environmental On-Call Services - Hazardous Waste Response, Cleanup, Removal, and Disposal for an amount not to exceed $75,000.

2. Authorize the City Manager to approve two additional one-year periods based on funding for the services that is approved in the annual budget at the time the extensions are needed, for an amount not to exceed $30,000 per year.

Attachments: Professional Services Agreement with Ocean Blue Environmental Services, Inc.

Notification: None.
i:\cu\secure\staff\admin\agenda-admin reports\2022 admins\4-5-22\4-5-22-1 r hazardous waste response dr comments.docx 4-5-22 I 6H-2
Attachment 1

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT 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 municipal 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 OCEAN BLUE ENVIRONMENTAL SERVICES, INC. a CORPORATION IN THE STATE OF CALIFORNIA, with its principal place of business at 925 WEST ESTHER ST., LONG BEACH, CA 90813 ("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 re nsibili r the provision of certain professional ENVIRONMENTAL ON-CALL SERVIC - HAZAR WASTE RESPONSE, CLEANUP, REMOVAL, AND DISPOSAL servi by the ity on the terms and conditions set forth in this Agreement. Consultant s that it is experienced in providing professional ENVIRONMENTAL ON-CALL SERVIC RDOUS WASTE RESPONSE, CLEANUP, REMOVAL, AND DISPOSAL • stop ·c clients, is licensed in the State of California, if applicable, and is familiar with t Ci

2.2 Project.

City desires to engage

CALL SERVICES - HAZA
DISPOSAL services for
project ("Project") as

3. TERMS.

3.1 en r such professional ENVIRONMENTAL ONRESPONSE, CLEANUP, REMOVAL, AND

ED HAZARDOUS WASTE REMOVAL AND DISPOSAL

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 [INSERT TYPE] 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 APRIL 5, 2022 to APRIL 5, 2025, 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 TWO additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 1 55452.01100\31193624.5
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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.

3.2.2 Schedule of Services. Consul
within the te.rm of this Agreement, and in accorda
Exhibit "B" attached hereto and incorporated herein
has the professional and technical personnel required
with such conditions. In order to facilitate nt's co
respond to Consultant's submittals in a ti
provide a more detailed schedule of anticip
hall p orm the Se s expeditiously,
hedule of Services set forth in
ce. Consultant represents that it
rm the Services in conformance
ce with the Schedule, City shall
quest of City, Consultant shall
eet the Schedule of Services.

3.2.3 Endorsem
specifications, estimates (P
appropriate will indicate C
___ . Consultant shall sign ~II plans,

3.2.4 . Consultant shall b
rnished by Consultant, and where
nd professional registration number.

All work prepared by
Personnel. Consultant has represented to City that
certain key an coordinate the Services under this Agreement. Should one or more o ecome unavailable, Consultant may substitute other personnel of at least equal c n written approval of City. In the event that City and Consultant cannot agree as to tution of key personnel, City shall be entitled to terminate this Agreement for cause. cliscussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: JUSTIN LEE, PRESIDENT/GENERAL MANAGER.

3.2.6 City's Representative. The. City hereby designates DAVID REBENSDORF, UTILITIES DIRECTOR, 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 2 55452.01100\31193624.5
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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 JUSTIN LEE, PRESIDENT/GENERAL 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 sta consultants and other staff at all reasonable times.

3.2.9 Standard of Care· Performance of E . Consultant shall perform all Services under this Agreement in a skillful and compet sistent with the standards generally recognized as being employed by professi s in the sa iscipline in the State of California. Consultant represents and maintain t it • skilled in the professional calling necessary to perform the Services. Consultant wa t all employees and subconsultants shall have sufficient skill and experience to perform Services assigned to them. Finally, Consultant represents that it, its employ sub ultants have all licenses, permits, qualifications and approvals of whatever nat eg y required to perform the Services, and that such licenses and approvals shall be in roughout the term of this Agreement.

As provided for in the indemnificat' f this Agreement,. Consultant shall perform, at its own cost and expense and o ent from the City, any services necessary to correct errors or omissions the Consultant's failure to comply with the standard of care provided for her y em ee of the Consultant or its sub-consultants who is determined by the Ci n erative, incompetent, a threat to the adequate or timely completion of the Pro· , a thre t fety of persons or property, or any employee who fails or refuses to perfo'r Service a manner acceptable to the City, shall be promptly removed from the Project by th nsultan nd shall not be re-employed to perform any of the Services or to work on the Project.

3.2.10 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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 3 55452.01100\31193624.5
4-5-22 I 6H-5
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, 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 shall compensation, including ent at the rates set forth
otal compensation shall
n approval of the City
s described below, and
authorized reimbursements, for all Services rendered und in Exhibit "D" attached hereto and incorporated herein b not exceed SEVENTY FIVE THOUSAND ($75,00
Council or City Manager as applicable. Extra Wor
if authorized, will be compensated at the rates and h in this Agreement • 3.3.2 Pa ment of Com
invoice which indicates work completed an
invoice shall describe the amount of Service
since the start of the subsequent b • riod
City shall, within 30 days of rec g
and approved charges thereo the
written notice to Consultant wit
forth therein.
nt shall submit to City a monthly
es rendered by Consultant. The
ce the initial commencement date, or
s appropriate, through the date of the invoice.
, review the invoice and pay all non-disputed
any of Consultant's fees, the City shall give
of receipt of an invoice of any disputed fees set

3.3.3 expenses unless auth
nt fo Ex enses. Consultant shall not be reimbursed for any g by City, or included in Exhibit "D" of this Agreement.

At any time during the term of this Agreement, City may request that Consultant perfor Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

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 and the performance of other requirements on "public works" and 4 55452.01100\31193624.5
4-5-22 I 6H-6
"maintenance" projects. SINCE the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and SINCE 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.

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 sam of any subconsultants. This project may also be subject to compliance monitoring and enf ment by the DIR. It shall be Consultant's sole responsibility to comply with all applicabl istration and labor compliance requirements, including the submission of payroll records • ti he DIR. Notwithstanding the foregoing, the contractor registration requirements man d by La Code sections 1725.5 and 1771.1 shall not apply to Services performed on a pu works projec t is exempt pursuant to the small project exemption specified in Labor Co ectio 1725.5 ana 1771.1.

3.4 Accounting Records.

3.4.1 Maintenance and Ins
accurate records with respect to all costs and
records shall be clearly identifiable ltan
business hours to examine, aud· nd e tra
documents created pursuant t A
n tant shall maintain complete and
e urred under this Agreement. All such
all allow a representative of City during normal
ripts or copies of such records and any other
sultarit shall allow inspection of all work, data,
documents, proceedings, and a el o the Agreement for a period of four (4) years from the date of final pa de Agreement.

3.5 Gen

3.5.1 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require 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 5 55452.01100\31193624.5
4-5-22 / 6H-7
it may determine appropriate, services similar to those terminated.

Consultant: OCEAN BLUE ENVIRONMENTAL SERVICES, INC.
925 WEST ESTHER ST.

LONG BEACH, CA 90813
ATTN: JUSTIN LEE, PRESIDENT/GENERAL MANAGER
City: City of San Clemente
380 Avenida Pico, Bldg. N
San Clemente, CA 92672
ATTN: JULIE SCHMIDT,
Such notice shall be deemed made when personally deli
hours after deposit in the U.S. Mail, first class postage applicable address. Actual notice shall be deemed
occurred, regardless of the method of service.

AGEMENT ANALYST 11
when mailed, forty-eight (48)
dressed to the party at its
the date actual notice

3.5.3.1 Documents of Intellectual Pro ert . This
Agreement creates a non'"'.exclusive and perp a r City to copy, use, modify, reuse, or sublicense any and all copyrights ther intellectual property embodied in plans, specifications, studies, drawings her documents or works of authorship fixed in any tangible. medium of· expr t not limited to, physical drawings or data magnetically or otherwise recor diskettes, which are prepared or caused to be prepared by Consultant ent ("Documents & Data"). Consultant shall require all subconsultants to agr • y is granted a non-exclusive and perpetual license for any Documents & D the subco lta prepares under this Agreement. Consultant represents and warrants that Co he legal right to license any and all Documents & Data.

Consultant makes no su ep tation and warranty in regard to Documents & Data which were prepared by design p ionals other than Consultant or provided to Consultant by the City. City shall not be limited i any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and • other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall nQt, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to . any person or entity not connected with the performance ofthe 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. 6 55452.01100\31193624.5
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3.5.4 Cooperation: Further Acts. The Partie
another, and shall take any additional acts or sign any additio appropriate or convenient to attain the purposes of this Ag all fully cooperate with one
cuments as may be necessary,

3.5.5 Attorney's Fees. If either pa
party, either legal, administrative or otherwise, aris' the prevailing party in such litigation shall be entitl reasonable attorney's fees and all other cost of such

3.5.6 Indemnification ..
ction against the other
in conne ion with this Agreement,
e and recover from the losing party
n.

3.5.6.1 T nt permitted by law, Consultant shall defend
(with counsel of City's choosin hold the City, its directors, officials, officers, employees, volunteers and ag llii ss from any and all claims, demands, causes of action, costs, expenses, liabili dam or injury of any kind, in law or equity, to property or persons, including wr at any manner arising out of, pertaining to, or incident to any alleged acts, errors 'llful misconduct of Consultant, its officials, officers, employees, subcon ants or agents in connection with the performance of the Consultant's Services, this Agreement, including without limitation the payment of all damages, expert es and attorney's fees and other related costs and expenses. Consultant's ob n to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, t e City, its officials, officers, employees, agents, or volunteers.

3.5.6.2 If Consultant's obligation to defend, indemnify, and/or. hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a cm.irt of · competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate 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 super_sedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. •
7 55452.01100\31193624.5
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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 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 nul and void, and any assignees, hypothecates or transferees shall acquire no right or intere reason of such attempted assignment, hypothecation or transfer.
arties or their agents have
e language his Agreement shall be

3.5.13 Construction· References· Ca tio
participated fully in the preparation of this Agreeme
construed simply, according to its fair meaning, an
referencing time, days or period for performance s
days. All references to Consultant include all personn
for or ag nst any Party. Any term
eemed calendar days and not work
ployees, agents, and subconsultants
nt. All references to City include its
er xcept as otherwise specified in this
raphs are for convenience and ease
t, or describe the scope, content, or intent of
of Consultant, except as otherwise specifie • Ag
elected officials, officers, employees, agents,
Agreement. The captions of the various arti
of reference only, and do not defi aug
this Agreement. •
1 Ic No supplement, modification, or amendment of
executed in writing and signed by both Parties.

3.5.1 default or breach, wli
privilege, or service vol
contractual rights by custo
ai r of any default shall constitute a waiver of any other ame or other covenant or condition. No waiver, benefit, n or performed by a Party shall give the other Party any ppel, or otherwise.

3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.17 Invalidity: Severability. If any portion of this Agreement is declared invalid, • illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. •

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee "':'orking 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 8 55452.01100\31193624.5
4-5-22 I 6H-10
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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 Compensatio or to undertake self-insurance in accordance with the provisions of that Code, and agrees to c y with such provisions before commencing the performance of the Services.

3.5.21 Authority to Enter Agreement.
authority to conduct its business and to execute, deli
warrants that the ind.ividuals who have signed thi
authority to make this Agreement and bind each re

3.5.22 Counterparts.
which shall constitute an original.

3.6 Subcontracting.

I requisite power and
greement. Each Party
egal power, right, and
e signed in counterparts, each of

3.6.1 Prior A
the work required by this Agr
approval of City. Sub
provisions stipulated i
nsultant shall not subcontract any portion of
expressly stated herein, without prior written
, shall contain a provision making them subject to all
9 55452.01100\31193624.5
4-5-22 I 6H-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 TO AVAILAB
OF FUNDING:
55452.01100\31193624.5

CITY OF SAN CLEMENTE
By: ____________ _
Its: ------------
Dated: ________ , 20
("CONSUL TANT')
By: ___________ _
Its: ------------
Dated: ______ _, 20
10 4-5-22 / 6H-12
EXHIBIT "A"

SCOPE OF SERVICES
Please see attached Proposal from Ocean Blue Environmental Services, Inc. dated November 30, 2021.
11 55452.01100\31193624.5
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EXHIBIT 11 811

SCHEDULE OF SERVICES
Please see attached Proposal from Ocean Blue Environmental Services, Inc. dated November 30, 2021.
12 55452.01100\31193624.5
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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 parti erformance of its obligations under such Agreement, shall procure and· maintain in full fore d effect during the term of the Agreement the following policies of insurance. If the existi • ies do not meet the insurance requirements set forth herein, Consultant agrees to ame p ent or endorse the policies to do so.
(A) . Commercial
Insurance which affords coverage at least as broa
form CG 0001, or the exact equivalent, with • • s of no ility: Commercial General Liability
urance Services Office "occurrence"
than $1,000,000 per occurrence and
sts shall be paid in addition to the
s (1) limiting coverage for contractual
one, sured against another (cross-liability);
the terms or purposes of this Agreement.
no less than $2,000,000 in the general agg fen
limits. The policy shall contain no endorseme
liability; (2) e?.(cluding coverage for cl • ors
or (3) containing any other exclus· s trar
Liability Insurance: Automobile Liability
Insurance with coverage a oad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), • alent, covering bodily injury and property damage for all activities with limits $ , 0,000 combined limit for each occurrence. NOTE: If Consultant does no any vehicles or may not be able to purchase a Business Automobile Insurance uirement may be satisfied by providing either of the following:
(1) a Personal Automobile policy for the Consultant's own vehicle stipulating "Automobile Liability Insurance with a lim 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 55452.01100\31193624.5
13 4-5-22 / 6H-15
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 poiicies:
(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 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 contra the terms or purposes of this Agreement. For all policies of Commercial General Liability • ance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or en ts providing the exact same coverage) to effectuate this requirement.
(2) Cane
be canceled or the coverage reduced until a thirty (
served upon the City except ten (10) days shall be all
ranee policies shall not
f cancellation has been
on-payment of premium.
(B)
be canceled or the coverage red
served upon the City except t
canceled or the cove
served upon the City ex
lation: Required insurance policies shall not
thi 30) day written notice of cancellation has been
I fj llowed for non-payment of premium.

Ca ellation: Required insurance policies shall not be
ntil a thirty (30) day written notice of cancellation has been days shall be allowed for non-payment of premium.
) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to.this Agreement. The policy must "pay on behalf of'· the insured and include a provision establishing the insurer's duty to defend.

3.2.12.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-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.
55452.01100\31193624,5
14 4-5-22 I 6H-16

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.

3.2.12.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to t e effectiveness thereof, shall deliver either certified copies of the required policies, or original 1ficates on forms approved by the City, together with all endorsements affecting each polic quired insurance policies shall not be in compliance if they include any limiting provisi orsement that has not been submitted to the City for approval. The certificates and for each insurance policy shall be signed by a person authorized by that insu o bind cove on its behalf. At least fifteen (15 days) prior to the expiration of any su olicY, idence o insurance showing that such insurance coverage has been renewed or e shall be filed with the City. If such coverage is cancelled or reduced and not re laced I diately so as to avoid a lapse in the required coverage, Consultant shall, within day er receipt of written notice of such cancellation or reduction of coverage, file w vi nee of insurance showing that the required insurance has been reinstated or has cl through another insurance company or companies. •

3.2.12.1 insurance required under this A
and not replaced imme
but not the duty to ob
promptly reimburse
Consultant payments.
rn Covera e. In the event any policy of
t do t comply with these specifications or is canceled
void a lapse in the required coverage, City has the right c eems necessary and any premium paid by City will be
r C ty will withhold amounts sufficient to pay premium from ive, City may cancel this Agreement effective upon notice.

3.2.1 cceptability of Insurers. Each such policy shall be from a company or companies with a current AM. Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

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 ins1,1reds 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 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
16 4-5-22 / 6H-18
EXHIBIT "D"

COMPENSATION
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
17 4-5-22 I 6H-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)
D I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. □
□
I have and will maintain workers' compensation insur
3700 of the Labor Code, for the performance of th
contract. My workers' compensation insurance
e, as required by Section
o be performed under this
olicy number are:

Carrier __________ __,
I certify that, in the performance of
any person in any manner so as to
of California, and I hereb to in
San Clemente and all Is, e
e is Agreement, I shall not employ
all claims, liabilities, .
and property damage
insurance. I fu
compensati
with those
s • ct to the workers' compensation laws
nify; defend, and hold harmless the City of
oyees, and agents from and against any and
personal injury or death, economic losses,
u IJlo••:ailure to provide such worker's compensation
t, if I should become subject to the workers'
ion 3700 of the Labor Code, I shall forthwith comply

CURE WORKERS' COMPENSATION

COVERAGE IS UNLA L, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENAL TIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.
55452.01100\31193624.5
18 4-5-22 I 6H-20
Dated: _________ _, 20 __
Consultant
By:

Title
Address
55452.01100\31193624.5
19 4-5-22 / 6H-21
.~. OCERn--..BLUE
EN"VlifONMENTRb S.EflVICES, lNC.
925 West Esther St.
-Le.mg Beach, CA 90813
Ph: (562) 6;24-41.20
Fx: (5.62) E;i24-4127
OFFICIAL .PROPOSAL-- DO NOT OPEN
Hazardous Waste'Response, Cleanup, Removal & Disposal _ Ertvirortmental On~Call Services
Invitation #UT
Ci~y of San Clemente Utilities Department
. Attn.: Julie Schm..idt
380 Avenida Pico, Bldg N, San Clemente, CA 9.2672
Due Date: November 30th, 2021 @ 4:00 pm Local Titne
♦ WNG BEACH ♦ ♦ SAN DIEGO ♦
4-5-22 I 6H-22

TABLE OF CONTENTS
925 West Esther-St
Long Beach, CA 90813
Ph: (562) 624-4:).20
Fx: (562) 624-4127
Tab No.

Background & Approach, Methcdology(ies), Work Plan;....... .. .............................. 2 Project Organization & St~g ........ , .............................. .. ♦ LONG B~ACH ♦
Received
NOV 30 2021
City of San Clemente
Utilities Division •
♦ SAN DIEGO ♦
4-5-22 I 6H-23
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♦ LONG BEACH ♦
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OCEHn .• ·• BLUE
ENVIRONMENTAL SERVICES. INC.

N ove:tnber 30th, 2021
City 0£ San Clemente
Ath1: Ms. Julie Schmidt
380 Avenldii Pico, Bldg N
San Clemente, CA 92672
Subject: Hazardo11s Waste Response, deanup, Removal and Disposal Envitonmerttal On-Call Services
Dear Ms. Schmidt:

I still reinember the fir you. t rernember it so vividly because it was longe 6Hours. A tanker had cta:shed
& flipped on the 5 fre the diesel spilled into the stormdrrun and oon. Caltrans instructed me, "Ocean Blue
after that is San Clemente's problem." I
a:11_se althoitgh we never used it 0¢ean Blue
Clemente. And I thought this would be a perfect
San Clemente what we. d,o best: spill response. I
s to your field Supervisor Ron Navarro. And better yet, ro knew Ocean Blue from his ptevious employment with the n. He knew we were a solid emergency response con:i:p@y .. I udly say we deaned the Lagoon qtuckly and from then on, San ente started, calling µs for emergencies small and large. Just la,st traversed int
deans up to
ge
onth I spoke with yoiu Public Works Director Mr. Kiel '.Kroger about the hi1ge Huntington Bea:ch Spill, He asl<ed me if he c;ottld depend on Ocean Blue in the event oil washed up on San Clemente's shoreline. I said iibsolutely, and more in'.lportantly that we could atrartge .:=u1y billed work· to go to the responsible party (instead of the City), Forhmately the tides worked in the City's favor, carrying the oil past your city. Nevertheless Ocean Blue was ready fo assist at a moment's notice.

As qf 1 artuary i st this year, I am officially the President at Ocean Blue Environmenfol Services, Inc., a Califotnia corporation, I will be the authorized primary contact for Ocean Blue in all regards to this contract & services to be provided .. We will be utilizing no subco11tractors. !n the event of an emergency, you can simply call our 24/7 dispatch office for an ♦ SAN DIEGO ♦
4-5-22 I 6H-24
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♦ LONG BEACH ♦
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OCEH~BLUE
ENVIRONMENTAL SERVICES. INC.
irninediate response. I£ you need to contact me, l can be reached in .any of the following ways:

Justin Lee - President & General Manager
·O: 562.62/4.4120 IC: -310.$5.7,7800
jlee@ocean-blue,c:oin
AU p:citing will hE:! valid for at least 90 days. Over the last 4 years, we happily served San 0.emenJe while ever .missing a :Spill. Although most of out labor force will d:ispatch • our Long Beach uffi.ce {925 West Esther St,,. Long l3each (:A 908 , 'h~ve d.u,patdwd resott:tces from our San Diego office (3110 H • iego CA 92110). As your current 11,f;inue $ei . art Clem~te. We ate fully
committed to· 'ty's busfu.ess for your scope of work; as stated in yo
As you will
mu:tticlpality • •
L Ocean Blue works for /lltl10.$t every
e 'om.ia. We gpecialize in governmental
& waste managem.em, Oc;ean Blue was fou,nded in.
d opened a satellite office in San Diego in 1998. Some
.des;·
unty Dt>:partment o/Pub.lic Wor1cs ....................... ,. 1995-Prese:nt unty Departmttrl:t of8eacheQ & EarJio:rs .,,;, ... ,,,: .... ·. 2015"' Present rttnge County Public Works ............................................ 2012"'Present .- ohn Wayne.Airport ..... ,,.,w, ..... , ..... ·.,:,,,.,,;;.; .. , .. :•.i•., .. 11,,.;,~., .... ,.,;, 2009-J>xesent l look fotw.a±d towards your evaluation and in working for the San Clemente. Please feei free to contact me with any quesf:i,ons or C:Phce'lllS.

Sincerely;
Ocean Blue Environmental Services, Inc.
925 West Esther Street, Long Beach CA 9081$
Ph: (562) 624-4120 I (SOO) 990-9930
www.ocean-blue.com
♦ SAN DIEGO ♦
4-5-22 I 6H-25
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OCE38LUE
ENVIRONMENTAL SERVICES. INC.

Background & Approach
925 West Esther St.

Long Beach, CA 90813
Ph: (562) 624-4120
Fx: (562) 624-4127
Having setved the City of San Clemei1le fo:t the last 4 yea;rs1 we are experts inyour RFP' $ scope of work, Whether it be a paint spill✓ diesel spill, truck fire, biohazardous ·spill or a routine drum transfer, we have experi1;:n.ce doing all of this for the city. Si.ttrllarly, we perform this same scope of work for ma.11,y Southern Calliomia municipalities. Since 1994, Ocean Blue Environmentl;ll Services, Inc. (Ocei;ln )31:ue) has been :the premier emergency hazmat responder in Southern Caufornia. We hold the most municipal emergency response & wastemanagemen.t contracts within Sou them Califo;rnia, This is because we li _ • bre~(he .a culti.ue of etrviio:tunental cleanup. We understand what it takes to execute & prepare--fo.r an .e situation. On average we respon.d to 4 h~at situations per day,
While we are b8.$ed m Sot1them Callfomia.i we are often call~d µ.pan to respond fr:, situations itt Sc,1;0:mn.Emlo, San Francisco, Barstow, and Bloomington. Even though there are local cleanup companies based in these respective cities1 Ocean Blue tespondsja:s.terfrom Long Beq.ch than o-ur competitors .do locally. All over Soq.thetn Califor.rdaW¢.have continuously held & renewed. long-term-contracts with:

Orange County Public Works -Hazmat ER & Wa~te Management Orange County Sheri.ff s Dep_artment - H_ai.mat ER & Waste Mrinagement Joh-11- Wayne Airp.ort-Hazmat ER & Waste Management,. Single Source Port of Los Angeles -Hazmat ER & Waste Management
Porl of Long Beach - Hazmat ER & Waste Managetnent
L.A. Co. Department of Public Works - Emergency Spill Response ♦ LONG BEACH ♦ ♦ SAN DIEGO ♦
2012..-Pres<ent
2012-Present
2009-Present
1998-Present
199$.--Prese:nt
1995-Pres.ent
4-5-22 / 6H-26
~ml OCERU~BLUE
ENVIRONMEN-YHL SERVICES. INC.
925 West Esther St.

Long Beach, CA 90813
Ph: {562) 624-4120
Fx: (562) 624-4_127
L,A. Co. Department of Beaches & Harbors- Stonn Water, Hazmat & Waste Mgmt . . I Z01,5-Present 201!5-Present
2017--Present
1996:·I'reseitt
1996--Present
2015-P:tesent
2004;-Pte_sent
2018-Present
2017-Present
2017-Present
20i6-Present
20Q9.,.Pi:esent
2000-Present
2017-P.resent
2017-Present
2017-Prel,ient •
2018-Present
20:19-l?resent
2019-:J?:resent
199$..;Present
ZOOS-Present
1997-Present
2013-.Pre.sent
1998-Present
2001,,P:tesent
2008-P;resent
2007-Present
2017-Pr_esE?J.tt
2007-Present
.2,015-Prese:nt
2015-Present
2016-Present
2016-Present
Los Attgeles World Airport--Razmat ER -& Waste ManagemeriJ; Van Nuys World Airport-Flazmat E:R & Waste Man,rJ;gement; Cal Trans-Hazmat ER
US co.ast Guard .. Ha,zmat ER & Wa$te Mctnageme_nt, Single Source BNSF Railway-Hazmat ER Sr Waste Management; Siiigle Source :Crvme Ranch Wat.et 'Disf:rlct ~.HfJZlnat ER & W1tste Management$ Single NioultonNigi,,el Wate:rDistrict-Hozmat ER & Waste Manp:genulnt, • g • Mesa Water District""' Httzmat ER & Waste Management, Single Alameda Corridor Transit Authority-Hazmcit ER & Waste
City of 5cm Cle.111-ente --J-iazmat ER & Waste M.a:m1gemeM; Si _ City of Sant'l An_~ - Ha:zm:at ER .& Waste Managemer{ Single S City of Garden Grove .. FJ.azmcit ER & Waste Manage
City of Hu-tmngron Beaph -Ha%mat ER & Wa$te Man
City of irvine-Hazmat ER & Waste Mana
City of Tustin~ I-tazma# ER & Waste _ _ gem tee
City ofM-tss'ion Viejo - Itazmai ER & •
City of La .Miraila - lit'/Zlnat E
City of La Paima -Bazmat
City of LongBe_ttch -1-1.azm _
C:#y. of Cetrito$ -Hazmae :PR & _
-ingle Sou:rce
• ent, 8i:ttgl13 Saurce
nag nt1 Single Source
iiqgenient, Sirtgle Source
City o-f Signal Hill~ 1-fazmat ER & . _ • Management,. Single So-urce Ci.ty of Lakewdod-Hazmat ER ct Wa$te Management, Sirtgle Source City of Carson-Hazmcit ER-& Waste Management, Single SoU1·ce City of WestHolfywood -Hctzi1ipt E_R &' Waste Ma;tiagetnent, Single -$puree City of Pasadena -1-lazmat ER & Waste Management, S-f.:ngte Source City of Inglewood - lfazinat ER & Waste Management Single Source City of Redondo .Beach-Hazmat ER & Waste Management, Single Source City of 11iglewood - Haztnat ER f.:l Waste Management Single Soutce City of P~rris -Storm Water Manageinent, Catch basin cleani_ng City of Downey -Haz;nat. ER & Waste Management! Bin$le Source City of El Segundo - Hazmat ER, Qatch ifa;in cleaning f:I CPS in_stallation City of Cama1'illo - Catch Basin deaning
♦ LONG BEACH ♦ ♦ SAN DIEGO ♦
4-5-22 I 6H-27
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ocEnnUeLuE
ENVIRONMENT8L SERVICES, INC.

C#y of Covina --Hazmat ER & Waste Management, Single Source City of Pico Rivera - Hazmat ER & Waf!te.Management, Single Source City of Hawthorne- Hazmat ER & Waste Management, Sirigle Source City .of Com1n&ce --Hazmat ER & Waste Mc,:n.agemettt, .Single Source City of fotl#t~ Fe Springs - Hit$mat ER & Waste Management, Single Source Cif:J;J of Industry - Hazmat ER & Waste Management, Single Source City qf Ni:J1'U.Jalk - Hazmat ER & Waste Managemer#~ Si11gl~ Sor,trce Cif1;J of Thousand Oaks ..... Hazmat ER & Waste Managemerit., Sin;gle So City (?f l{attcho '.Palos VerdeS, -' Ht¢mat ER & Waste M.an,qge11rent, Si.

City of Co111-pton -Hazmat ER & Waste Management, Single Sou C#y qf 1'otra1fce ,... Hazmat ER f'p> Waste Managetnent, Single City qf Bell -Hazmat ER & Was.te lvf.anageinent, Single Sou.re City of Costa Mis.a -Eazm.at ER & Wast.fl Mant,,geni. t, Sirig1.e C#y of Glendora-Hazmat ER & Wasle Manageme •
Ci-ty .of Vernon - Hazmat ER &. Waste Maru:~ge1nent1 Si. e 5 City of Duarte - Haz~at ER & Waste Man Sin
City of Cypress - Hazmc,;t ER & Waste •
City 6/Whit.tler--IfazmafER ft Wa$t
925 West Esther St.

Long Beach, CA 90813
Ph: (562) 624-4120
Fx: (56'.2} 624-4127
2018-Prese:n,t
2018-Present
2012"'.Present .
2017-Present
2Qi 7--Present
2019-Present
2015-Pr¢$ent
2018-Present
2018-P:i:e$ent
2017-Pre_sent
2015-Present
2,017-P:resent
2018-Present •
20l9-Ptesent
2019-Present
2019.,J?re~ent
• 2010-:Present
2018-Present
Ov.r SM • • rently hold.s & n:t~t~ cc;i:ntrac~ with:

Port of San Diego- Hazm ..

C1.ty of SanJ)iego - Hazm:at •
.Snn Diego 4-Jrport .. Eaz111.zyJ-ER.
t
•. ent, Single Source
Sr,,.n Diego School Di1ttricf• E.AAW/:lt . _. ste disposal an.d TranpPo.rtatfon Servit?.s San Diego Coitritg .... Hazmat ER & W@te Management .

City :o/ Etu:ffriitas - Hazmat ER
City of La M.eM .... H.azmat ER
City ofNationdl C{ty-Hazmat ER
City of Cltula Vista '." Hazmat ER
City of San Mat¢os -Industrial Cleaning
Carlsbad 'Waste Water District-Hazmat ER
Helix Water District-Hazma.t ER
1999-Present
2008-Present
1999-I>resent
2007~'.Pteseht
1999-Present
1999-Present
2019 .. fresent
2015-Present
2015 ... P:re.~ent.
2012-Presei,:t
2000-Pl'esetit
20i9-P1·ese11t
A fell list of municipal .& private ~lientele is available upon request ♦ LONG BEACH ♦ ♦ SAN DIEGO ♦
4-5-22 I 6H-28
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1. OCEaHLUE
EN'VIRDNHENTRL SERVICES. INC.
:Mefuodology:Cies) & Work Plan
925 West Esther St.

Long Beach, CA 90813
Ph: (5.62.) 624-4120
Fx: {562) 624-4127
owwe approach the scope of work:
s iri the Storm Drain System
· cwag~ Sp.i11/Trttttma Si;:1trte) Cli#i1.itips
Co:inm icatlon and Eru.et ert · • ta:d: All reqµ.ests shm:ild b¢ directeo. to oµr 24,-7 live dispatcher at 562,624.4120. We will record the nature of the event and inimediately have the responding supetvfaor call you back. At this p6il:l.t, City staff will have the :responding silpE:rVisor' s direct cell.phone £or any logistical follow up.

Schedule:' Ottt SJtpei"Vi.$ots ha-ve theiJ: qvyrt emergi:mcy response utility tro.cks (Whiro they dtlve horu.e}.

Supervisors. will.route. directly to the City as soon as. receiving the phone call. Crew & additional resources leave our yard wHhin 30 mfnµte.s of the· call-out. Beyond thi,s, tr;:1:vel n:me to San Clemente c;1;11.1, range £tom 1-2 hours depending on traffic.

Long Beach Staff
Manager/ Supervisors:

0.ffl.ce St~:
8 6
Tecbnicians/Drivers/Operafors: 34
TOTAL LONG BEACH STAFF: 48
♦ LONG BEACH ♦
San Diego Staff
Manager/ Supervisors:
.Office Staff:
2 1
Technicians/Drivers/Operators: 2
TOTAL SAN DIEGO STAFF: s
♦ SAN DIEGO ♦
4-5-22 / 6H-29
Work Plan: Abandoneq Waste Pick-up
Agency calls OcE!ap. B ' · • • · • . · • • • • •
• ..c>neJ$ ... •
Supervisor (who drives a t~$ponse vehicle home) is dispatched s:f;l:'aight to the i;;ite location. • • .. ' • • • • .• • ,; .• ' • •• ',. . •• ' • ' . .. •.• . • . .• •• ,'f, . : . , •• -• . • d.~.- Supervisor hwtruets .•... • • .• • ,. ' i·' .•• Oeitiob~Iiz;e ~ i;~ttim. to QB yard fatr wa,ste,.consQlidl;ltiort and later disposal ... . .. . .
sporf waste fo disposai & recycling sites; OB mails the generator copies of th.e ntanue·sno. Q.r:r.s½. •
cuss possible. prevention. Debrief. BnI accordingly.

1..:1 ••• ••• ~~•, ,'••· ,.. •'·• '•"If.·~_. .... .:!~:..,,· :r. • "sl , •.• ~ •• 4-5-22 I 6H-30
OCE~HLU~ Work Plan: Spills above ground
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ENVIRONMER!llt. SERVICES. INC.

Agency calls Ocean Blwt i, office directly for a service r¢quest.

This iin.e fs answered b B dis atcher: 24/7, . • • • • •• ••'•••A,-•-•' • ••• • • •• •••· • • PRESSUl)~
Set U;P· containment with
Ifne
Prepare Docr:tn:). . • tion,
bills of ladings .
.liil?ei ~ wot{ticke~
er
Spray Bleach Solution to contami.11J1.ted
: ar~q:~, and. wwt ZO ;qtlri.1.1Jes . ' . ' . . . . . . .

Pkk t1p contaminated b1each solution
• • .t
J:1ace th~m (h1.cluding $c:rapper J into . . ·-· .~ . • · · .. P. :con • r.. • . Complete paperwork, tran$.pO:rt bttlk liquid to
obtain signatw'e.s and. . ➔ TSI?F attd ~olids to .01;3 ya:rd dis. ,tJt~·:<;opies. t~ A,g~p.q:. ,, .}?r ~~~e,l;',d).? qs~ to Tfil.?t". 4-5-22 / 6H-31
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OCEHi~BLU~ Work Plan: Spills in the storm drain syste _ ENVIHONMEIITRI. SERVICES. INC.

Obtam information on spill focation
_ _ .sy-st~P:.i i,µ:~, : l;ll'ea, o.f t;J.ec;ont~~tion, ~ de~g I)}. - .. ,.. . - . . .. . ... . .· . ' .· .,._. . . . ~ .. -...... ,, ... ·-. . - . . . - - .

If Il() ~utfaJ). is ~~ted, mo\,~e team to
'.s
' Ccttµined $pac_e eritty permit Boqi:n off ~~tf~ egr~$. L~y dqwri akosorbent . • _ Pf14S a~):u:L;lt"y.pi'.$\c::ontcµn:mer).t _- _ _ - F . . - .. · ... _.- .. • -.·,!>_ 7~.t.····' ,~: . y_,_ ... • ·,.. • .,, X ·_, ':"- ~ • • - .,.~ •.• ,:.;.,;___sli··· .: ~ ¾..,_,,. ·' .' ., ... _.,_..., ... _,;;;,. ;i,;•'.,,;_,:~,-··:···1 _: ( . . . . . . . . .
·rest a°:11'osphere with
• vent system Witl1 intrinsi~ally -s· • -
_FLUSHING
ue1win2he
stem:
:!·/·.-•::;.:-.. , ... .;;,:,.".,r,.
>----- :. ·, ·--: ... ~IliQJ;t;,), ,.: ·-
Set up @ntahunem withs .
,,.,_._.,_,_ :_-.!:/,~,g~.~ :.:
·13egm. fi~l:ifug.(use hot _ _ _ • -- eed~- ---
- ' -
Vaccu:u:in ;release wa:ter at :Rem,ove contafuinent
; ·.,. __ -~~t~~~~_ lo~ti:P~, ,. __ ... ,. ,,_,. __ .•·"'-- _.: .. ,~~4,1',i~L.,. -~ ,_,. _____ ;, <;!onfu\ue flushing ·•· • . . . Transpo.tl aru;l otf~Ioa.d - . . l -. -, .

Ttartsport Solid~ to pB. yard
_ _ iu:I;~ lat~; TS.Pf cljspos~l • ,, ; •• •.1,.,;. ,, , .. ,• . ~ ; , ...... ,. . \ • }: ' • "'·· -~ . ••. : , .• -~. -.. ,. • SWitch out with
fa a:re.abostobed . . - . .,_._. .. ·. ·. ~; ,. -.
' ' contaminmt
.bom . •
l£ boPlli is clean
_;, ,;~P0.~~¥l ~f.l?.lt.,-
Set up contairunent withsand -- - bags atdowristrei:un - '.• ~l--.,~-:. , ':::--~-,;-· '-(: ~•: -~-~- ·•· -•'-~."-... ,:.;/ :?al'1°:·,_,.;,~·~~·• ,,•; .. :~:.., -- Set ~p jettet a:t 4,c:iwnstieam d ,.j.,,.....,;,;-..,;,:,_ - - - - an -"~~-'-!+"'"'&•-pressure ... · . . --· .•. '. .

Vaccuttm rel.ease water -at
co:rttainmcii.t location >". ,.-.::-,.•. ·; . .J:,:: :·•r-;,:;_, .... ..-.!-,!. r..·· ~·· ~- ;; .•. _,._, .... .-.. ~ ···>· '-...

Mail manifest copies to
DTSC ··• •. ·. -.-:•·, ,;;:')\' .'• •.• •i.i.•'••'·i:.-'•; ~.;-.. -•;._.,,. ·'·~' • • • . ,·(•' 'l: '.· ... 4-5-22 /6H-:3'2
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OCERn . BUJE W orkplan: Biohazardous Cleanups ENVlllONMEHTRJ. SERVICES. INC.

Obtain information on containment location;
Pispatch Sup!;!rvis.or dirE::ctly
Mobilize to the site and co;nduct .. .S ... • •
(~·-· t_l ,.._;_ _ ____:.~----.--'-,------:--,----,--
Setup contairunent with
C ....
. . ' - . . . . - •
Spta
. .

Pressu:r~ was. • . e. area • . te ·
Spray Bleach Soltttion to contaminated
. areas . and wait 20 J.nirtutes . . . . J . ,,' .. ,' .. . . t·. -.·
Pli:tce then,, (i:n~uding sctapt'er) into
Prepare Bio-Haz form,
. bil1s of Iad:lngs
••• ' ••. ;.·., .. ~t§
Complete paperwork,
. ol>t~ sigriatures and
4-5-22 I 6H-33
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0CEn3oLUE
ENVIRONMENTAL SERVICES. INC.

Se:rvices: Emergency Response
925 West Esther St.

Long Beach, CA. 90813
Ph: (562) 624-4120
Fx: (562) 624-4127
F.or the last 25 years, many Southern California's largest was.te generators relied rm Ocean Blue for our waste management & e;merg-cncy 1-espon$e s~1-vic_es. We imde:rsiattd the long.-tetm liabilities & risk.s a$$ociated with waste han.dling, pacJcagf:ng; transportation, storage, recycling & disposal of hazardous and non-hazardous waste. Our t'rusting • relation.ships are 'µlr,,at set 1J.1> 11,part frtJf/1 competitor$.

On average in the Southern C ea, Ocean Blue responds to four emergency HAZMAT sita~i;i.ons evezy day, We ate QM of th¢ 1nQS perienced & well-•equipped emergency responders. Out personnel are experienced in responding to spills on both land & water. Through the utilization of the most modem emergency resp9nse equipm@t ~d highly trained personnel, Oc¢an Blue x:esponds qWcl<ly ,& pxo£eaaio.nally to a wide varlety of emergency and non-'emergency spill situations. ·Ocean B1ue is known for tast and .exemplary service. Clie11.tele sirn.ply mak:e one phone call to out cli$patclier, l:lnd 'l/;Je respcmd t.oifh g Sup¢rvisor & ttew within (45) minutes, to any :sit:uation1 onlanc1. or water,;24hours aday,seven days a week.

Ocean Blue is fully licensed, certified artd trained to categorize haza.rdous waste13. Once the waste is categorized, we then package & transpott the w~te to a disposal facility. Some of the wastes we manage include:
♦ Asbestos ♦ Ammonia solution$ ♦ Pdlychlorinaled Biphenyl's (PC13) ♦ Crude oil ♦ Lead ♦ Sewage and other regulated waste&
♦ .Fueis, gasoline, diesel ♦ Mercury ♦ Treated wood
♦ Acids & Alkalines ♦ Oxidizers & Chlorine ♦ Biohazardous W !:lSte ♦ LONG BEACH ♦ ♦ SAN DIEGO ♦
4-5-22 I 6H-34
♦ LONG BEACH ♦
925 West Esther St.

Long Beach, CA 90813
Ph: (562} 624-4120
Fx: (562) 624-4127
Unidentified Waste: Our supervisQrs cart categorize unl<nown liquid/sC>lids-inthe field~at a momenf s notice. Once categorized, we package & transport the waste to a local TSDF .. 0-ttr direct reacting insttw:nents are 100% owned & pmperly-calibrated by in-house trained perso11neL These mstruments mclude:
• Mercuty vapb:!: analyzers, • PID:tnetexs
• Amtnonia vapor ahalyze:rs, • 4--gas meters
• Hydrogen Sulfide Monit • OVAMonltor
• lnb:insically safe petso
response. Furthe
laboratory surcha
Respo
we can ensure a timely
Oney by not paying extra
gh 24-ho:ur tum around costs. All of our
'ts contain a m:i:1lti-step Hazardot1s
th years qf field experience and the most
ment available, we provide a safe, cost-effective
run. Co:nfinec:l space entries may possess one or all
•confined space hazards - oxygen deficiency, toxic
, and fite/expkisio:n conditions. We established a safety • ,accordance with 29 CFR 1926.21, 29 CFR 1910.146 and
80-i06 for identifying and evaluating confined spaces to :rrnine c1,cceptable entry cqfiditions, All qf qu:i: personnel ate fully trained for work in confined space and in atmospheres immediately dangerou:s to life and health (IbtH).

Trauma Scene Cleanup: Blood spills and trauma scenes are every day occurrences fat Ocean Blue. We work with Shedff's departments and ofher law enforcement agencies, tq b}bck off trau:rrt:a scenes :from the general public. From sarutizing, to paperwork, to transportation, to decontaminc:1.tion, to dispqsal, Ocean Blue is your tt.1m key company for trauma scene cleanups. We are fast, efficient, discrete and cost effective.

We ~etvice the City of Long Beach, O:tl;l.lige Cotu1ty and Cal Trans all with 24/7 trauma scene cleanup services. Our teams know to preserve potential .evidence-bullets & c1une paraphernalia. We are trained to pick up & report any potential evid,ence material,
♦ SAN DIEGO ♦
4-5-22 I 6H-35
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♦ LONG BEACH ♦
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OCEH-;uBLUE
ENVIRONMENTAL SERVICES. INC.

SE?rvicea: Slll)itation
925 West Esther St.

Long Beach, CA 90813
Ph: {562) 624-4120
Fx: (562) 624-4127
Blue performed sanitation services fot
urucipal client~!~; Predominantly police
ews to clean blood borne pathogens f:J:om car
stabbings. Additio:nJilly since the recent
eless encampments, Ocean Biue has been ta,sk¢d to
hom es.s d,eb1is, and mitigate homeles$. biohazardous wastes • vomit, fe<:e$, urine,, and drttg J?cttAphon~a.
in 2020~ the Covid epidemic has taken the country by storm. When firs:!; appeared in. the U,S. :in late 1a:tJ.UiUYr Oceru.1- '.Blue waa ill1mitted to not perfor.tning Covid decontamination despite all of o:µr cUen.t.s asltjng us fo do $6. During the eatJiest stf!:ges, CoVid was a dfsease not understood, a:nd highly conta&,ous. Ocean Blue reasoned that Covi4 t:ouldnot possibly be treated like any other bloodbome pathogen or virus.

J:;ecause ail of the world's di:sea.se experts were coritract;ing the virus, World experts-who are the example or how to not contrad the viruswere tipntracting the virus evecy d,~y, Ou,r priority has :always :been protecting our staff and clients, so we performed no Govid decontaminatiqn until the CDC established cleanup protocol. We did not want to assure our clients that any t~geted area was "clean,.,, while we were unsure of how to properly clean Covid.

Now that the Coµnty has established a cleanup protoc:ol. We have been· performing Covid decontamination throughout Southern California .. ♦ SAN DIEGO ♦
4-5-22 I 6H-36
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OCEnnwa;oLUE ~ 925 West Esther St.
long Beach, CA 90813
ENVIRONMENTAL SERVICES, INC.

Ph: (562) 624-4120
Fx: (562) 624-4127
. Services: Hazardous Waste :r;:>isposal
Ty;pes of Waste: Ocean Blue is fully licensed, certified and trained to categorize hazardous wastes. Once the waste is ca-t;egorized we pa.ckage & tta.nspo:r:t the waste to a disposal facility. Some of the wastes we manage in.dude:
• Asbestos
• Cntdeoil
• Fuel~, mineral oil., gasoline and diesel
• Acids & Alkalines
• • Electronic waste & Lightbtilbs
• Polychlorlnated Bipheny-17s (PCB)
We stay in bmd:n:e{>s by selUng excellent service/ not by ch.at excessive. disposal fees. We ate not owned by, nor own a and therefore are not limited to transporting w
specific T$DF. We can help our clients choose the be
ot re~yclmg facilities for their needs.
approp1iate TSDF, we c()nsider the foJ1o
• Client's disposal requireme
• Displ;'.i$1;il facility 1;:ompllanc::e ~-
• Disposal methods o
• Facility :inspectia
• Pticlng
♦ LONG BEACH ♦
• Lead & Mercury
• Chlo.tin~
es
. ood
• y hazardous waste
other regulated, wastes
Ocean • Blue will always recom.m®d thE?
following dispo$al hierarchy in order of
e. Re~yclmg
• l'reatmEmt
• 1:n.cinerat:ion
• Landfill
Left: Petformirtg the DTSC-mandated 90-day
hazardous waste pickup for the Los Angeles
County of P~blic Wor11'.B (LACDPW). Epery $0
i(ays, we visit over 40 LACDPWyards to
pickup E-w.aste, Batteries Lightbulbs; Sha;rps,.

Oils, Acids, Oxidizers, Flammables and more
♦ SAN DIEGO ♦
4-5-22 I 6H-37
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OcEnSeLuE
925 West Esther St.

Long Beach, CA 90813
Ph: (562) 624-4120
ENVIRONMENTAL SERVICES. INC. Fx: (562) 624-4127
All of our Clientele' s waste is identified,
separated, consolidated & packaged n1to proper
shipping containers. Waste oil, oil filter&, trS.ed &
mixed fuels, light-bulbsrelec:tronic waste, batteries
and oily debrui are sent to local TSDF'!.l
(preapproved by our waste router) for recycling.

Once the • • te area ls cle.an:edj we repla.te the
aste labels and record the new waste
start da~s. The propet atorage &
g of s is vital to maintaining PTSC
.. :tnp • ce; Ad Pri~y1 Ocean Blite removes
sotbent and replaces it with new absorb~1.t
Ell, pref!su.re washes the interior & exterior,
possible remaining stains m the vkimty,
Transportation: We own & o_perate a fleet
vfiliicles. Our professional d.iivers ate
addition,, our vehicles comprise on
envitomnental buSU'\.eas. Out fleet inclu
rce Board (CARB) complii,'lht b:ansportation
experienced in the waste transportation industry. In
!lilll•i-T'~- an4 well-maintained transportation fleets in the ollowm. types.;
• Eme(gencyR
• Vactu.irnT
• BoxVans
• 40 yd, 20 yd close ..

Rem,ediatlon: Ocean Blue has extensive
expenf.¢ce trl'.td regularly provides the foUov\ling
:methods of remediation.
• • Dig&haul
• Internal Combustion -units.
• TI1ermal OXidizing units
We use both traditional remediation methods
and .innovative techniques to remove various
contaminants-including hydrocarbons, heavy .
metals, polycltlorinated biphenyls, chlorinated
solvents, non-chlorinated solvents a1,\q. inetcury,
♦ LONG BEACH ♦
• RoU-o£f '!tucks
• Flatbeds
• Stake-l:>e¢l Ttt.tcl~s
• u· .:...n1ty T ck. . t.i.u. ru .s
♦ SAN DIEGO ♦
· 4-5-22 I 6H-38
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oc,m3etuE
ENVIRlJNMENTHI. SERVICES; nu:.

EdAcosta
Project Mana~er ~-~~1c.;.;;:n.lJ.....t4.i-miw"-;i.dl.;..;i~~ .... .i..:;.,:· Rico Ruiz.
-Supervisor :\·~~~l~~!M,l~L;...., •• •
-,, .. ,;,;.~i-~~~;~.!<!.:.,-~~-... ;,
Drivers . Technftians .
l;dLong,~EA
' :erojed:_Manager' .:;;,,,,.:;.;:1',,\~~.½'.;ii;,,,,,;:~'i:!£.1tv'Ji:t.:ji..;:,;;~'-/l&,~,j;; .... '1w:h}1' • Bill Plekkola : 'Supertrrsor .. .J~~~~~~;.a~1!.i:.;;;t£tl'~h~la~~~i'' Luis Valadez · Supervisor •
,~ft~ii~~~~~i-
.. Dl~patch .. • ~ ~:::..-...a -:..,;.d1;m\i,,,">if.-r~;;';lk,''~"' .... ""'' .,_,.;...~~:. , .,. __ - !..-..... ! •
-Organizatronal Chart
.Maria.Lee
Chief l:xectithie Offlcer._:
super.visor·.· ..
.1.JO.a·~fib'·Y·c-.. ':~~..:•~\:i.fum.:.1~-~,·-
, . . Equlprnent Operators .. :!'::,, .. _.,..iL:...-.,;~..,r~:,,.;1~6a,;~.:..:1,i,\":!i•"-~.:. •. ,.::.,,,.,..,, •• _ ••• -.Ilf~l:

Tornrny.Shetlock
<;'i>nniego.
.-.,,\
-M.oonholee • tFO.& Vice Pre!iiclent. ' ••.
. Contracts Administration _:; ___ ~,.:.:~.!, ··-·.L.:V-•b liWi.{..,'.:'-_. :ciJi.;;r~;y-,~--~,-;.:....-.;~-,'" . Att.ounts Payable • •i-1:.<- ·-~e~'ltl,,ft°l'\: -;;.} -..:. '.- .&.d~,.L{ ~r:..~· .. ¼~..h ~:::; ~- Approved~
Bilfing&
)kcc;,uirts fleceivable . :~~~~~~-~~~'
~ . .
.
02/17/21
. Maria C.Lee, CE.O. Date
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OCEaBLUE
ENVIRONMENTAL SERVICES, INC.

Project Organization & Staffing:
925 West Esther St.

Long Beach, CA 90813
Ph: (562) 624-4120
Fx:. (562) 624-4i27
Ocea1i Blue presents fftree managerial staff.for the City's "H~zardous Waste Respons.e, Cleanup; Removal & Disposal ErtviriYtr.mentcil On-Call Seroices" contract, These indiviq.uals maintain the sam~ respon(;ibil#ies for R.outine and e.mergeiicy projects and eq.cli pe1fpr11J. $1M worlh of cleanup services ann-ua,Zy. Thf!irresumes are on the following pages.

Justin Lee - Contract Manager Edward Lon~- Supervisor
• Location~ Long Beach, CA • Location: Cypress, CA
• Estimated hts./week:>10 • E$timated hts,/week: >10 •
• Single Pomt 0£ Contact • Fieldpetson Point of
• Answers ad.:mb:tlstratlve questions • Ensures high quail • Ensures paperwork/billing is correct • Estimating & n • Estima:tlng & negotiating pricing • Cost & schedule • • Manages overall quality of s.emce
• Serves as .additional Supervisor
0: 562,624.4120
M: 310.357.7800
j1.ee@c::1c;ea4..:blu.e.com
♦ LONG BEACH ♦
Ed _Acosta- Supervisor
• Location.: Long Beach, CA
• Estimated hrs./'wt;Jek: <4
• Project/task ri./31;: ew:alysis
B~clqip ):'roject Ma:naget
Health & Sc:li:ety
• B1;1.c,kup preparer of doCUinents
0: !562.624.4110
M: 562.755.4698
eacosta@>ote?1n-,b!ue.com
♦ SAN DIEGO ♦
4-5-22 I 6H-40
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OcEnnUBLUE
ENVIRDNMENTRL SERVICES. INC;

JUSTIN LEE
President
925 West Esther St.

Long Beach, CA 90813
Ph: (562) 624-4120
Fx: (562) 624-4127
President. OceanBlue Environmental Se1yices, Jnc; (2021 ·<:-· Present) .. · . . . . . . . . . . . .· . .·. _. . ... • ,· Mr; Lee is the Presiden_t & General Manager of Ocean Blue. I)aily tasks include managing teams of project managers, supervisor~, dispatch, commercial drivers and technicians. -· nti.nues to petfo;rm a~tra:ti:v~ du:ties which include: contract management billing and human res • es. Be is the direct liaison with the .reguiatory agendes and iocal unions. In the field he perfontlS ho. ncatnpment cleani:ngs, undergroun<J. spill cleanups.and t¢gulcU' waste m£1llagernent Mi:. Lee also con ltte'$ si:lfefy ptogran,. and annual HAZWOP refresher trainings. Other tasks include: commercl trudion and. public relations.

Contr.act Mana er :Ociean Blue Environmental Services Jrl . . .

Responsible for various hazardous waste contrac assemb1 , • • ,g, human resources and :fiJ;J.ahc¢s. Tasks further include coordination of s1.:1:pervisora,. te.. d . -contractors, on-site remediation, waste manag~entl decontan:unation & emergency respon • otm Job walks, prepare estimates afi.d ];>ids.

Nateworth:y Profects: • . • • • T . .

P-rqject Ma.nager, Los Angeles Coun ..
_ Mr .. Lee is bce_.an Bhte's qirec
(LACDBH). He is the tl.i:st re
.H. e re · lat! --_ 'orms ·•-· ·· • ____ . $U . . y p.eri ....... ~p .. handle num;erous Special p
exposure to LACDBH's priv~t!:'! ·•
ch Harbors, 2015 to presmt
e Los An •• ·· 1 · · C un-1-tr o: ---"- ··t • f Be ch... &" TT b •• . . - - . gees o .. -v . epCl.j.u.,,E.m o .. a . es . .,nar ors OJ ager for LACDBH :;ipiUs in from Los Angeles to Verttui'i;L em . ageme:nt, storm d;i;ain cl1:!amttg1 l;,0,:1,t,-,fue rei,ponsei a;nd will ntract fs vali11:1d at $2601< per y.ear, howev,er through regular ari.ts and boat 9wn,e1'.S, Mr. Lee generates $5001< 0:f woikanntli'illy. - EDUCATtON
Pitzer College, Claremont CA: Bachelor'.s Degree 2011
Major: Econtunfcs & Environmental Studies -- Chance_llor's List CERTIFiCATIONS & TRAINING
HAZWOl?ER 40;.Hoitr Course CFR1910..120
1-IAZWOPER 8-B.:our l<efreshers
Commercial Class A Driver with H/Tankers Endts
Bloodb9me Pi;tth9geh Tralni:ng
Incident Command Systems 100, 200, 300, 700
Tta.Ull'j.a Sc@;e W i:1$te Pr/:1.Ctitione:,,<
♦ LONG BE_ACH ♦
HAZWOPER Train the TrainetCFR 172.704
CPR/ First-Aid T.tain,ed
Confined Space Entry Rescue
Hazardo.us W a.st¢ Gerter1;ttor: C9tQ:$e (#113)
Calibration Trilinmg for M2A Gas Transmitters
Hazca:t Identification Tri1!iniri.g
♦ SAN DIEGO ♦
4-5-22 I 6H-41
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3110 Hancock St.

San Diego, CA 92110
ENVIRONMENTAL :sERVICES. INC.

Ph: (619) 294,-6682
Fx: (619) 294-6743
EDWARD A. LONG
Project Manager/ R.E.A. Chemist l Safety Manager
Proiect Manager I Chemist !safe#.{ Manager, Ocean Bh.i~ .Ettvitonmental Services, Inc. (1996.~ present) .. r . . . . .. . . . . . . .. . ..

Mr. Long is a Project ager with S9 years of expe:dente :i,nanagmgHazMat, Services include: emetgency response, Catch Basin c1ean:in~, Pwnp sta;tion maintenance, Channel Maint • • ce. Mr. LOD:g currently o~e:n:1ee$ H~ardous Was~ contra_cts for Jrvin:e Ran.cl\ Warer Disttict, City of L Bea.chi and the Los Angeles County Deparhnent otPublic Woiks. Resportsib1e for em~:cg-ency floodfug ZMAT respons.e. Coordinates waste managemMt, o:n,-site re;nediation, decontan;tiiJa;tic:m, Speci • • ; g ui1.k.t\own c;h¢.tnic_als and chemical packagiti.&; .services. As Ocean Bluls Safety Man· t om technical p~soimel are cu.;rren,t on.~ safety regulations.

S • ervisor I Ha:zM.at Incident Com -ander .Allwaste • . . . . . ' . . . . . . . .

Coordinated & supervised oil/chemical emergency
field activities. Managed Sttpetfund site at. Qrnega
drums of unknown hazardous waste. . • ed
Beach Transporlation and R;emedJaiio
Emer e
'fe cleanup, industrial cleaning and other
-patty sampling and identifying over 4,000
th ·and Safety training and complia:ttce .£or the Long
While reSpotts1 · e o
directed the actlvities :
removals and plant clo •
Program in coinplia;nce wi
py respoose divisi011 re$ponded to over 600 inGid¢nts._ Also . . trial cleaii.ittg, clandestine dtu;g lab~,. drum mimagement, tank • & Safety supervisor, developed the Irtjitry and D.Jness P~v¢ntlon -Noteworlhlf.Pro.fects:

Project Ma~ager, Los Angeles County Depattinent of Public Wo,rks, April 1996 to present (Sin$'ie Source) Whilg working With Ocean 131-µe, Mr. Lortg served the Los Angeles (;Dunfy £or the last 25 yeq.rs. Valu<;!d a $3.2M per year, services include emergency response, hazardous waste management, Stormdtain management1 aband(med waste pickup$. anti ho:tnde$s encam.pment clean\1-ps, As t>t :tecen.t, .Mr, Long currently mitigates homeless encampment cleanups for the entire county of Los Angeles, mana~g 8--111an $1:1,'ike teams per day.

CERTIFICATIONS & TRAINING
Certified Hazardous Materials Manager
Registered Environmental Assessor No. 03446
Certified HaiMat Incident Commander
♦ LONG BEACH ♦
Trauma Scene Waste Practitioner
HAZWOPER 40-Hour Course CFR 1910.12
HAZWOPER 8 ... Hour Refresher
♦ SAN DIEGO ♦
4-5-22 I 6H-42
~~. OCEnnl1oLUE
ENVIRONMENTHL SERVICES. . . . INC. .

EDMUND E. ACOSTA
Project Manager
Protect Manager, Ocean Blue En.virorunental Services. Inc. {1996 - present) .. · .. · . . . .· ... · . . . .· .. · • . . .·. . . .·. ' .· .. 925 West Esther St.

Long Beach, CA 90813
Ph: (562) 624-41.20
Fx: {562) 624~4127
Mr. Acosta perfomi.s HA..ZIV(t\T eme:tge:ncy response and uitd~_ground ~pill deantq'Js £or various hazardous waste con:b:acts, This entails the cootcHn,a:tiort of supervisors, drivers . d teclmicians on decontamination, demolition, industrial cleaning, site remediation, etn~gency re$pons "Ste management !:IP,d tr::inspo:da,tiQ;,.i. projects. Additionally,~ Qceifn Blµ¢'$ ·T:i;!:l1l.$porta:tion Manr;iger;i • ·es tha.t our £1e~t of y~hicles is weli mairrtain.ed and ready to respond to emergencies
Profect_Manttger, MP_. Services; Inc, (1993 --1996)
$tatted.the J.,ongBeacii. b:i:.;1,nth, t,£fice. Wa_s .responsible for • business development and .maintenance of large t
in.clt,tded transp11rtation, industrial cleaning, e:me~g ( 1 Tran _ • _ •• ~rvisor R
.A,/Ot.~ge Cot.U;i,p.e~ operatio~ incl11.ding
and. manufacturing clients. The operation
o.emo1i;tion jobs,
Responsible fo:r refi.n,ezy, m.·.
until completi.ori;, he becan:i.e r
oil spill ~perati.ons, dtilllt\g •·
·Responsible for haulin~ •
, Interfacing with Qients £r()lll begi.nn1ng o£ projects ent. Delegated jobs for th\:! vacuum trucks; managed
vet the waterfr~sfet$, t.i:1-hl.< cle.!'i!Wtgs, supervised cleMfugctews .. • 1 landfills,.
l;Jotewotthy Pra_iects: . . . . ·. . ..

ProJectManaget1 Cal.trans, 199
Mr, Acosta is Oc~im, Blue's -dJ;tect n . ,ti to Caltt!roS, Mr. A¢osta is th.,e first i'espong.et & project man~get for Caltrans spills in Los ,Angeies, 'Veritur~1 San Bemardfuo, Orange & San Diego Counties. Our contract with Caltr~s is on ah- open P .0. basis. In addition,. Mr. Acosta has relationships with ,many oilf:fµel trru;l.sporters., Bo he .is able tci save Caltrarts millions 0£ dollars by pilling the responsible parties directly.

Project Manage1', Port of Long Beach,. October 1998 to present (Single Source) 0Cf:!al1 'B.hie has 1,eeit tb,e Pott.of Long neach' s l-IAZMA'T contractor for thelast22.years. Wiuie the Pcn:1 keeps 3 separate contractors for this contract, '¾te are the only ones to have been <;!pntirrQ.O:ttsly chosen £pr the 1.ast 2.2 years. Mt. Acosta 'semces .many of the Pott' s tet1.ants as well. This contract is valued at $2M over 3-years . .CERTIFICATIONS & TRAINING
HAZWOPER 40-Hour Course CFR 1910.120
HAZWOPER 8-Bour Refreshers
Bloodborne Pathogens CFR.1910.1030
♦ LONG BEACH ♦
CPR I Fi+s-f-Aid Tramecl
Confined Space Entry Rescue
Incident Command System 100, 200 & 700
♦ SAN DIEqQ ♦
4-5-22 I 6H-43
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OCEft .. BLUE
ENVIRONMENTH.L SERVICES, INC~

CHRIS ANGUIANO
Stormwater Project Manager
925 West Esther St.

Long Beach, CA 90813
Ph: (562) 624-4120
Fx: (562) 624-4127
PrcHect Manager; Ocean Blue Environmental Serviees •. Inc . .(2014 - present) St~~ ~at~r management: oversees various ca;ch basin ·:inspe~tio~/cleaning projects all over California. St9i;m d:t~ hyd;rojefting to r~ovesedbnent/trash froi:n :)me$, M?tlntenan¢e of h • q.ynamic separator$, Maintenance or concrete/earth lined channels and v-cfitches. Installation/repair .of µnits. Pump station maintenance, swnn water s.t~¢i1.:in,g,: ccrv insp~onsr C@Jedh filter ma4\ten, .· • • -ex~ange. ED'.J.etge:ti.cy ctill~ot,tt £or flooding & Ii.AZMAT re~ponse. installed latge.-scak stotm. wat evice fot the. Port of Los Angeles; • Oversees storm water projects for the City of Santa Ana, Ci . erris, Los ' les World Airports (LAX), Los Angeles County bepatbnent of Pu:blic Works, Port of Lo • .rt of Lon· Bead}, City of Camarillo, and many others.

Su -ervisor/Assz'stant Pro 'ect Mana er -United Sto
Fir$t respon:cler for on~site flooding_& eµ,.erg~cy
supervi,sed projects for Ht.mtington Bea a Po
Estu,ary Partn~$hlp Program, City of
N otewotthy Pre1iect~:
. .,.2013
• erai¢d Jetter/V,;1c,tor &: :Super sucker. Also
argeti Metropolitan Water District, San Francisco
•ris City of Union City, and Contra Costc;!. CollUty,
Project :M,an._ager, Los Angel o ay 2016 to present (Single SQurce) Mr. Anguiano .cu;1:rently ·e contracts for LAX totaling tno:i;e than $2M :in revenue over a 3- yeai term. The largest contra water Pt1ter Inspection & Maintenance. JI ot LAX to comply w#h its MS4 pertl'.l.it, requires extensive .. t~:t' maintertiu.i.ce, Ocean Blue holds the smgle source contract for LAX: with over 3,700 Coritech utilized throughout the Airport, LAX has the largest stormwat~ filtr:atiqn syStent Oce~ Blue has e-vet .se.en. •
Project Man.ager, Ci:t:JI qf Santa Ana, October 2014 to present (Singll! Source) Mr_. Anguiano serves. as the shigle p<lll'Jt of cont;;1ct.fot the City bf Sap.ta Ana, oce·an l3lue mrrently maintains the public right-of-ways for the city. Any spills; releas.es and ·discharges are quickly addressed. In addition~. we assist thi clty With any stonn water sys~m iruii"htenance from cle~g catch basins, bypass Jetting; open chmmel mamfenance, and flooding. The city has over 1,500 catch basins throughout the city. Twice a. yeart Oce~BltJe de/:lll.s ottt~atcl:1.ba$ins_. A. $350:K/year coritra,d. • CERTIFICATiONS & TRAINING
HAZWOPER 40-HourCourse CFR 1910J20
HAZWOPER 8-Hour Refreshers
♦ LONG BEACH ♦
. .

CPR/ First-Aid Trained
Co!i.futeq. Space Entry Rescue
♦ SAN DIEGO ♦
4-5-22 I 6H-44
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OCEHD.BLUE
ENVIRONME'NT6L SERVICES, INC.

DANIEL GAETA
Supervisor

92.5 West Esther St.

Long Beach, CA 90813
Ph: (562) 624-4120
Fx: {564) 624-4127
Supervisor, Ocean Blue Environmental S_ervices.Inc. (2006-_present) . . . . . . . . . . . . . . .

Responsible for various hazardous waste contracts; including coordination of lead teclmicians, technicians and subcqntractots . .:Projects inclu_de homeless encampment cleanings; em • • '.CY :response" Wl:'i.$te manageme11.t, deconta:n:ilitation • and demolition. Identlfies t.u:iknown cli.eri:tlcals haz-cat procedures and chemical pa~agi:n.g, Perfox.rns job~walksi prepare estimates and bids, and J • P!oteU?orthy Prof~cts:

Sttp,trtrisor, City of Long Beach, Apri12011 to pteser,.t (Sitr:

Oce.an 'Blue services multiple departments for the City of L Department, SanHatic>:n, tlelil.th/.Ha.2';i;nat a.nd Ga$ . • • ; Ga. ach,. including Public Works, the Water
s our sirtgle llaj.spn fot the Long Beath
. per year, ,Such work in.cludes homeless
agement, sfp:n.n.d.ram :tnana,gement. and,
Water Department .contributing to an overall contra
enciup.pment cle€¢ings, emergency response /:1Zf:l.:t4. abandoned waste pickurs,
SupetJJi$0.1', City of Pica Riveta, Au __ ·
Mr. Gaeta is the single point 0£
varl9iis work with the Cit:r:;
plggybacking our larger • ••
years. Such work. includes rrteless •
management and ahan.don.ed w .
,gle Source)
City of Pico llive.ra Contract. While Ocean Bltie has done . decided to enter a £01mal contract With U$ .effed:ively . . &. pricing), this contract is valued i3;t $180!< ove1· three campment cleanings:, emergency response" hazardous waste s.

Supervisor, City of L~kewood1 Apri 996 to present (Single Source} . . the City of Lakewood tonttact: is valued at $3S.K pet yea,i.-. While it is a small.er cont;taq1 the City of Lakewood opened doors to·neighborlng cities lil<e the dty of Hawaiian Gardens, the City of Cerritos; and the City of La l'aliri,a.; all of whonl ari;:i :t1dW c;>Ur custom~rs. fol homeless encampment cleai:ti:ttgs, was.te .nianagetneii.t se:tvices art.d emergency response. While Ocean Blue p:tides itself in Servicing many or Southern Ca1i£orniais largest .government agenciesr we bike even greater pride in cate:rin,g to many .of the smallest, oft¢1;1.tlrnes oyer~lqoked by competitors.

CERTIFICATIONS &:TRAINlNG
H.AZWOPER 40 -Hout Course CFR 1910.12
HAZWOPBR 8 - Hour Refresher
CPR I First~Aid Trained
Class C CDL w/ HazMat Endors~ent
♦ LONG BEACH ♦
'' ..

Bloodbome Pathogens CFR 1910.1030
DOT" Hazmat & Oil Transportation
Confined Space Entry Rescue
fucident Command Syst~ 100, 200 & 700
♦ SAN DIEGO ♦
4-5-22 I 6H-45
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DCEaBLUE
ENVIRONMENTAL SERVICES. INC.
3110 Hancock St.

San Diego, CA 92110
Ph: {619) 294-6682
Fx: (61!;)) 294"674~
DONALD K. OSTRAND
District M~ager
District Man_ager.., Ocean filue Ertviroruneutal Service_s Inc. (;Ncrvemb~r 1998 _'":_pr~sertt) .

Qyet 21 yeats ago.Mr. Ostrattd single-mindetlly o.:pened Ocean ~fo.e' s San Dieg6 o££i~ to prtlli~ serve the $.an Diego County. Reg:t.onal Airport Autho:dty and tl1e San Diego Unified P District. Since then, :the San Diego Office has s:uccessfully grown to serve vatiot.1s· munitj.paI & p.rivate !ZO , Mr. OStta:t\.d t>ve,tsees ~ of Ocean BltiEf~ San Diego Operatj:on.s from ~qtiipment rnana;gen,ent, m ; • sines.s contacts, hiring/training of personnel,, aµci field operations including: stdnn.water manage •• •• , BMP • ententatio:n & co:ntrol1 emergency tespoi:i.se (including flooding), wa1,te man1;1.ge:tnent, labpa • d t,u1dergr storage taitl< removal. - tlha_ge _· an ... 1 _ . rei!l- s mce co ..

San Diego Gas. & Electric and San
1;!$1:imat:ing, _project ~cc;ott11.ting, manag
Re~p:on~ble for aerospace, govemm
cleru:iov.ts, facility l3M.P mai:ttt . so
p:acldng. Oversaw the storm .

Con~tructe4 &; Bi:lll1pled m
Notewotthy·Pro_iects:-
··ii.Sm Diego Un.W.ed Port Diatrict contract,
trict i::ontracts. Duties included project
envirorune1:1.ti;il. W8.$te managetnen:t.
• dustria1 accounts. Services included ston.n qr.un,
_ _ tfon, .asbestQS stttveys & ~hate:ment, tank cleaning, and iab tal program £or :governmental installations in 14 western. states. . pot extt/i¢tion s~tems;
Pfofect Manager, San iJ#go Coutt egional Airport Authority~ Aptl.l 1999 to present (Single Source) Consecutively for tb,e la$t 22 years Mr. Ostrand h~s been, the Project Ma:rt~ger &: Single Point-of,.Contact for San Diegds intemi:i,tlonal Ai:tpo:rt, Valu~d at $.7:M over a S~ye~ tetfu" Mt. bsu~d oversees foe Airports sto:rrrtwater program,_ hazardous waste inartagente:nt and emergency responses. Mr, OsttEP:td currently over$ee:s the hydto-jettirtg of the airporfii entire ttertclt chain, sys,te:n.i, ati.d tegula:tly maintaina.an airpo1t catch basinsi In 2021, Mr. Ostrand' s team responded to an airplane crash and subsequently remediated a large a.rea of co:ntcilrtmated soil . .All of his. team :i;n$intain Airpo:tt seCJ.nity clearance an.d help foster a safe c:tiltu.re.

CERTIFICATIONS & TRAINING
Certified HazMat Incident Co:m:inander
Tra1,1.tna Sc!;!ne Waste Practitioner
Incident Command System ibO, 200 & 700
Confined Space Entry Rescue
♦ LONG BEACH ♦
HAZWOPER 40-Hour Course CFR 1_910.12
~ZWOPER 8-Hou'r Refresher
CPR /First-,Aid Trained
Bloodborne Pathogens CFR1910.1030
♦ SAN DIEGO ♦
4-5-22 I 6H-46
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3110 Hancock St.

San Diego, CA 92110
Ph: {6:t9) 294-6682
Fx: (6i9) 294-674$
THOMAS SHERLOCI<
• Supervisor
Supervisor, Ocean Blue Environmental Setvites Int. tTuli12005-ptesep.t) . . ,_. . . . . . . ,• . . .· . ' ..

Mt. Sherlock.has over 14 years working directly with Ocean Blue. In this time Mt. Sherlock has been promoted from tedutldari.,. to lead technician and now field supervisor. Mri Shetloc ciw overs.ees field ope:!ra,fions £or Ocean B.hie's. San Diego office:• Mr. She:rlock is respomiib'le for perso · eqitipment & materlal schecyuling, emergency response, site remediation, waste management and C ce. Mr. Sherlock is diligent :in pt~pl:lring profiles., mailifests & cont~¢i labe:ls for waste picku • ... ¢rt nkti.o'wn chemicals using hazcat procedures and chemical packaging. Performs job-walks, pares estima bids, and job costing. Mr.

Sh~fock has claily interfac;e with Sa;rt Diego dientele incl g the of San iego, the San Diego Unified School District and the City of National City.

Notewotthy Profects:

Supervisor, City of San Die.go, November 2008· to.

Since 2008, Mr. Sherlocl< has been the fie
m@lil,geirt~t nt;ied~, E;xecµ:tirtg the res·
hazardous waste:-pickrtps a: day, w ••
water depa.rb:nentl sanitationr gas· • oil).
the City's vaii~uswaste stre •• ••
a.m;monia tank deconstruc •
clei:1:tn,tps. Mt. Shetlocl< will .
i: all o£ the dty' s e:i:nei:~ency response EUid waste
:n:b;~ct., Ivl:11. Sh!:\rlock bver~E;?¢S up to S ~bM,doned • . es for th.e Ctt,y1$ various uttem.al departments (i.e. .~k smgle-h1,U1dedly m1:11ta:g¢s the w~te rqu;tin,g fqr ea.,cli. of 0 - ... i:thth .Cih, Mr··.· Shetlo ... 1,·· • a·edth .,6.0' -~1. dr. · . -.,.u~ W . ,, .e. •:n . . • . ',' ,;;,l',man g .. e.::. /0 cµwy. ous 'atio of trauma scene cleanups ~a: illicit storm.water di~Gh,arge • tvise th·· Cih, c .:..a t £ tits 5.,, eat tet • . ,, e 'J onu, C: Q - , y , :qi Supervisor, San Diego Metrop.oli sit S,ystem1 May 2017 to present (Single Source) Mr. Sherlock setve$ as the i'd:ngle pomt of co:ntq,,tt for the h.ansit au:fuqri:ty;, A 3-y¢at cottb:<tct va1ued at $800,000+, services include hazardous & umv.ersal waste mana,gement, and trauma scene cle.an~up response.

What was originally 3 sep~ate servic¢s contra~s, the T.:i:anait sy$tem consQlidate4 sep~ate conttac.ts into· one ,and awarded Ocean Blue/Waste streams include bio-hazardous wastea, lights, electronic, oils .. debris, diesel #;tel, paints and empty ton;ta4'tet~.
. CERTIFICATIONS.&TRAIN1NG
HAZWOPER 40 .... Hou;r Co.µrse CFR 1910.140
iIAZWOPER 8-: Hou:tRefteshet
CPR I First Aid Certified
Confined Space Entry & Rescue
Field Haz-Cat-Trained
♦ LONG BEACH ♦
Bloo<;lborn.~ Path9geu:s ·CER 1no,1030
OOt Hazmat & Oil Tr.ansportation
Incident Command System 100, 200 i$1: 700
Forklift Operator Certified
TWIC & BNSF Trained
♦ SAN DIEGO ♦
4-5-22 I 6H-47
DcE3DLUE
ENVIRONMENiAL ·sERVICES. INC.

WILLJONES
Supervisor
. Supervisor, Ocean Blue Environmental Services inc.- (luiy 2.012,.Present) . . . . . . ' . . . . ' . . . . . 3110 Hancock St.

San Diego, CA 92110
Ph: {619) 294-6682
Fx: (619) 294-6743
Mr. Jqnes has over 10 years working directly with Ocean Blue. In this Ul.J'.le Mr, Jone& has been promoted from ted).n:ician,. .to lead tt=?chnician ru:id now field supervisor~ Mr, Jonea n9w .re.ees field opetati.ons fot Oce:;m.

Bluets San Diego qffice, Mr. Jones is responSJ.bfo for personnel, equip • & material scheduli:ng, stormwater ma.hagem~'.Jit, ~mergert¢y resp0n$e, site re;m.ediation, Wi,lste :n.t • • an.cl client ilJ.tetfa.ce, Mr:. Jones. is diligent in catch basin cleaning, s:tortnwatet reporting, NPDES epa:ring profiles, manifests & container lal:,els for waste pickups, identifying unknown ch • a.ls. Perform walks, prepat:es estimates & bids, and job costiri,g; Mr, Jones has daily :b:i.terfa.ce with tele fn.c tiding the San Diego Unified Port Distrlctj Helix Water Distri<;:!t ·Caltrans, the City of Ch:u . d the City .of El Cajon.

Noteworthy Pt'o,iects:

SuperiJist:1r,Helix Water District, November 2019 to . se For the last 3 years, Mr. Jones performed was . anageinent & emergency spill .response for Helix'.$ As~rtee.ded lmzatdouf!, No.ri-Haia:tdousi ct Wa,et_ r.ansportf!#Prt aM Disposal ttttil 24~ Hour Eme.rgency Spill Response Services contract. In J .. •• • • · District wrote a fetter . .of accommodati,on to Mr.

Jones wt hhl pa.rt it.i. a ~austic soi:u • • sp· . . µp~ Ml:. Jqnes ap.d Ws crew te~qv-eted twQ poly totes of caustlc s·oltition (500 galloitsj during • up. rmally this product would.have heenclassifi:ed as hazardous Wa$te becatt$~ th..e _ch):!rtt d. it Jjlitt . e (. . . water f3}'Stem. te-¢.ntry). :rv.rr. Jpt).es Ei:rreynged fot a.local waste water trE:atment plant. to ac thiS. _pro c.t for :syst~m use. This strategic managmg proved beneficfa.1 for bc;;ih. cli~.rrts~ :a~ Water Dis . • • . • ~ve pay for disposal 1:111d tl;ie Wi:1$te Wi:tter iream,,¢nt plimt did11' t have to purchase,$00 gallo:tti> of .cat product. This contractis v:altted at $20,00.0 pet y€{!.t. • 8~pervi$or; San. Diego Unified Port District;. May 2017 to present (Sin:gte Source) Ocean I31ue has been with the Sru.1 Diego Unified l'ortD.i$trlct (Port) fut .22+ yeats, and Mr., Jones has taken ~pe:rvisory lead for the last 4 years, A 3--year .contract valued at $800~000+: services include stonnwat~t illicit discliarge clea.11:i.ip,. rni$lt<:!nance of datifiets and su:tnp.$, l:iazatclous & wii:vetsal waste mmagement, and trauma scene dean-up response. This contract is valued at$250,000 over3-years;

CERTIFICATIONS & TRAINING
HAZWOPER 40:,..; Hour Course CFR 1910.120
HAZWOPER8 .,..flour Refresher
CPR/ F:irst Aid Certified
Confined Space Entry & Rescue
Field Haz-Cat - Trained
♦ LONG BEACH ♦
B1oodbom.e Pathogens CFR 1910.1030
DOT l{ijzmat & Oil Tra.Asportation
Incident Command System 100,200 & 700
Forl<lift Opert;ttor Certified
TWIC & BNSF Trained
♦ SAN DIEGO ♦
4-5-22 I 6H-48
~ml OCEniloLUf
ENVIRONMENTRL . . . SERVICES. . INC. .

Ttaining:this page illustrates only a sample
selection hut .all Oce~ Blue etnployees~:at
a :minimum-11,ave OSHA 40 Hour, OSHA 8
Hour, Bloodborne Pathoge:i;l; CPR/ 1 ST-Af4,
and confined space enby. All above
( ... , cerfilic~tions are available upon request.
♦ LONG BEACH ♦
925 West Esther St.

Long Beach, CA 90813
Ph: (5~2) 624-4120
Fx: {562) 624-4127
♦ SAN DIEGO ♦
4-5-22 I 6H-49
C
~ ••.
ocEnnUeLuE
ENVIRONMENTAL S~HVICES. -INC:.

Refe:renc¢s
925 West Esther St.

Long Beach, CA 90813
Ph: (562) 624-4120
Fx: (562) 624-4127
Please see th~ followmg pGi.ges for telev.ant experle:n¢e & refetertces ♦ LONG BEACH ♦ ♦ SAN DIEGO ♦
4-5-22 I 6H-50
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Los Angeles County Department of Beaches & Harbors
Agreement No.16-3428 As-Needed Non-Emergency and
Emergency Hazardous Waste Removal Services
Contract
Oate:201
Contact:. em Di$trict Manager
16 / [email protected]
ji Way, Ma;dna Del Rey CA 90292
ashes up on
onua.'s bea¢hes:
ales, clumps or oilL derelict
els, •• o.c;l;etmi,c needle$ and
ds of hazardous waste. From
southem tip .of San Pi;:dro to the
ounty line .in Malibu, Ocean Blue
manages all the hazardous waste
fot the Los Angeles County
Department or Beaches & Harbors.

In addition, we tegulady maint$.
sand. trapBt oil/water separators,
.septic tank systems and routinely
do their 90:-day waste pickup.

Recently (abov~): On a Friday
afternoon, a boat :cau&ht fire in the
Marin.;i. Del Rey H<;U'bor.

Unfortunately, the boat was 10d%
full of fuel. Ocean Blue quickly
• :tespoi1ded and did the cleanup.

History; We first started working
directly with the Department in
2015. A pipeline in Santa Barbal'.a's
San Refugio sta:te beach erupted
unleashing 200,000 gallons of crude
oil into southern California waters.

While O<;e$Blt,ie d.i4 tt(:ltpartidpaJe
in the cl.ea.nu p nel:lt Santa Barbara,. oil
began washing up t>n$o.:re in Lo$
Angeles. The Department had never
worked with Ocean Blue before, an4
sudd¢i:ily they were using us on an.
emergency basis to clean up 70 rrtiles
.of cpa,Stlin,i::. A£ter the 2-week
cleanup onished, we signed an
agreement With the Deparbne;nt and
now work for them on a regular
b8$iS.

Interagency: When working with
the department, we o;ft:en collabotijfe
with the Port of LA, Port of Long
Beach, US Coast Guard and loc;al
cities.
4-5-22 I 6H-51
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JorN\f.Am

AIRPORT
John Wayne Airport
Agreement No. OCPW MA-080-1701161 On-Call
Environmental Clean-up Services
oR·A·N~7 OO_IINTY
Contract Value: $150,000 / Year •
Date: 2009 -Present
Contact: Mefui.da McCoy- Enviro1une
Phone & Em.ail: 949.252.5267 /li:Ui'.l. •
Address: 3160 Airway Avenue, C
Aup.orts: 0::ean Blue serv.icefi the
large.st airports in Southern a
airport ha:s very
gin.g &;: &ccess protocol. All
Blue employees are
.. ed and tested fo.r airfield
California including: LAX
Diego Airport;-Van Nttys
Wayne Airpo1t. We are
con.tractot to respond
emergencies .and hazmatincident .

Inc.id~ts have :in:cluded sew~ge
sp:lll clean ups, the cleaning of :fue
foam, jet foel cleanups, jetting
sto:t.m. dram. ti:ettthes, and.
underground storage· tank
mait).tenal;lc:e. Ocean Blue al.so
handles various waste streams
£r9il). grease, u.riiveri:il:).1 Wqste, to
RCRA-waste, and Non-RCRA
waste.

Tenants: Because of our
exemplary service, Jobn Wa,yn:e
recommends us to its tenants to
service nearby aviation-related
businesses including United &
Delta Airlines.
tions &. driving knowledge. In
.. :tion, Oce.an Bh1.e err1:ploy~eti
ave been granted escort authority
to bring in :hoh-badged personnel: a
vei;y important responS1bility.

Subcontractmg to engin~ers
(Remedii:i.tlort & Waste
Management): John Wayne is the
p:remiere airport £at Oran,ge County,
It continuously undergoes upgrades
& site imptove1nents, John Wayne
employs three Environmental
Eng:in~~ing fu;rf!.$ to ~onduct site
analysis & improvements. Ocean
Blqe is the hi,1.zmat contra¢t for all
three Engineel'ing firms. In addition
to generated waste, we assist with
lead aba:t~ents and soil
remediation.
4-5-22 I 6H-52 •
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City of Santa Ana
Contract No. A-2017-156 Storm Drain Facility
Cleaning Services
Cc;mtract
D~tt?:200·
Contact:
. / [email protected]
enter Plaza, Santa Ana CA 92702
in cleanfug,
pen channel
e, em.~gMtY flooding
All of the fue st1-ppre$$ant wa,ter was
contained in multiple Adler tanks-,
which, we:te la~ to disposed of.

Bypass Jetting: Using our utility
•• de Catch Basin Cleaning: truqks ~ ~ecia.Uze4 •• Co:m'bin!:!-tion Ana has over t500 basins Vactor J ett:.er; we jet abont 27bypass . ughout the city. Twice a year, and 180 culverts for debris1 dirt &. · cean Blue cl~ans tilit c.atch b~sfns. gravel. hi, order to effectively Navigating city Streets - complete this scope of work, sa.;fefy sometime$ tluring traffic. hours - l traffic control ate ~ssen:tial. Many requires careful p1annin~~ For times, bypass cleaning requires _add;i.tional ¢a:se:, Oce~ ~ltte hu;,.e/shoitlder clqsures using fabricated a smaller pressure- reflective cones & arrow boards. washer/vacuum coml;>:i:rtation unit,
This all-in-one unit is • a class C
vehicle with a gross v-ehi.cle weight
of u,nde:r 2~,000 pounds equipped
Fire: Last year Ocean BlU:e was
dispatdted to respond to a burned
down 'building. We quickiy
responded and contained the
majority of fire suppressant water;
Traum.~ Scene (B:i:oh~z~dm:1.sh For
the last 15 years Ocean Blue worked
closely with the Santa Ana Police
Department. We have responded to
shootings, stabbings an.d fatal tar
accidents. There has be~ an ittcrease
in biohazardous call~outs becaus~ of
the surge in ho:rnelessness and all
that it brings.
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Los Angeles County Department of Public Works
Contract No. 2017-AN014
As-Needed Emergency Removal of Hazardous Material
Contract
Pate: 19
Conta,ct: ·vn Engineer
Phone& / [email protected]
. · lhambra, CA 91803
t: Every 90 <;lays .
e County's 50+
o collectover 100 drums of
waste. County yards
te streams from theRbad
ten®te Division, Operational
vices Division, Headquarters and
e Flood Maintena,nce Division. We
also pump the County's waste oil
storage t,mks & cla:rifiers on an as~
needed basis.

Homeless Encampments: Since the
2008 housing ens.is, Southern
California has had a surge ;in
homeless ert¢c:unpments. "Because of
our specialfy m handling hazardous
wastes-bib hazardous (i.e. feces,
urine, vomit, needles), oils, acids,.
aerosols-we now perfonn
homeless encampment cleanups
every day for the County. We are
proficient in segregating hazardous
waste from regular trash.

Emergency llesponse: The Los
Angeles County Department of
Public Works (LACDPW), has the
largest underground stc;,thl drain
system ih the world. Continuously
for the last24 years Ocean Blue has
b.een tl:te the single sotrrce
contractor called upon to intercept
any spills aIJ.d/or illegal discharges
mto this system. Ocean Blue has
the fastest Md most expe:denc¢d
Bazmat trews in Southern
California. Spills have included
but a:re not limited to: factory fires,
chemical leaks, milk spills, oil
r¢leases Md paint spills.

Our staff is very familiar with the
County's layqut of charo1els, storm
drains and catch basins. Our
Emergency Response Units are
pre-stocked with containment
materials, confined space entry
equipment and more.
4-5-22 I 6H-54
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LAX
Los Angeles World Airports Contract No. DA-5103
Stormwater Filter Inspection & Maintenance
ContractV
Date: 2016 ---
Contact:Ho
Phoµe&E
Address:73
port Maintenance Superintendent
hhdrrting@lawa.,org
. ., • ft
• os Angeles CA 90045
Anguian() -
ce of Pu,tnp Co.nfech Filter Media cleat).ing: LAX
Structures, haS' 11 Conteclt filte;t vaults that arE:

Basm.s1 mspected once a yeat, varying in
Hy.drod;ynamic size, these vaults are pressure .
s wen .as Emergency washecl once l:i year -- or srione:r:
e d Hazardous Waste should an illicit discharge occur.
• .. enJ for both LAX • and And finally, e·.adt of these 3,793 Contech filters undergo a m~dia
replacement evl:!ty 3~5 years or ery 55 secortd.s an airplal'.li:! fands/depa.tts at LAX:.

Extrapolated, that is 1,587
lartdings/depathtres per day,
6001000 landings/departures per
yea::i:. Thaf is ,a lot of runway rttbber
left on the tarmac and. filtering
through sfotin dillins .. In orcle.r f(}
comply with its MS4 LAX requ:ues
extensive stqrrn water
maintenance. Ocean l31ue. holds the
single source contract for LAX.

With over 3,700 Contech filters
utilized throughout the Airport,
LAX has the largest stormwater
filtration system Ocean Blue has
1:!Vet seen.
sooner ..

Prior to our establishe<;l 2016
conttact, LAX Contech filter
maintenance was never done. Upon
fust inspection we found significant
amounts of sediment on top of the
filters, ml~ & outlet :in each of the
systems. Ocean Blue then conducted
a larg~scale media replacet:nenJ
operation per the manufacturer's
rec9mine11dations. The waste
undergoes analytical testing and is
then transported to an appropriate
transportation disposal facility
(TSDF).
4-5-22 / 6H-55
(
OCEn3eLUE
ENVIRONMENTAL SERVICES. INC.

Project S~ed.ule
925 West Esther St.

Long Beach) CA 90813
Ph:. (562) 624-4120
Fx: (562) 624-4127
Ocean Blue will respond to emergency situations within one hottt ( depending on ti:affic), and noµ-,erne.rgency situations within one day
♦ LONG BEACH ♦ ♦ SAN DIEGO ♦
4-5-22 I 6H-56

REFERRED PREY AILING WAGE RATES FOR THE CITY OF SAN CLEMENTE EFFECTIVE NOVEMBER l$T, 202.t

DEFINITIONS
Straight Time: Monday thro1Jgh Friday, from 7:00 AM to 4:00 PM overtime; Mondaythtotigh Friday, before 7:00 AM and
and all day on Sattirdays
Premium Tim~: Sundays, Following Holidays
New Year's Day
Martin Luther King~ Jr. 's Birthcl&y
Veterans Day
Fourth of July
Day aft.er thanksgiving
Chri$1,as Day
fDay
'.allllllillllilr,esidents Day
Memorial Day
Thanksgiving Day
Columbus Day
·n apply to all call outs. Portal to Portal rates apply.

Time charges include pe · , equipment and t.natetials for preparation, mobUizationt travel to and from site, demobilization, decontamination, transportation and unloading.

DISPOSAL AND OUTSIDE COSTS
All disposal, services, non-heavy equipment rentals~ and materials not on the rate sheet wlll be billed at cost plus a twentypercent (20%) h~dlirtg cbatge. Heavy equipment rental will be billed at cost plus twenty five percent handling charge due to high liability cost.

PAYMENT TERMS
All tenns are net-thirty (30) days upon receipt ofinvoice, unless previous arrangements have been made. All emergency response work for non-~stablished customers is C.O.D. 4-5-22 I 6H-57

PREFERRED PREVAILING WAGE RATES FOR THE CITY OF SAN CLEMENTE EFFECTIVE NOVEMBER 1ST, 2021

1. HAZARDOUS WASTE-TRAINED PERSONNEL HOURLY RATE

STRAIGHT

CLASSIFICATION TIME
TEAMSTER: GROUP 5 SC-23~261-2~2021-2 99.20
OPERATING ENGINEER: GROUP 3 SC-23-63.2-2021-2 121.14
NON-HAZ LABOR: GROUP 3 SC-23-102-2-2021-1
HAZ LABOR: GROUP 5 SC-23-102-2-2021-1
ALL PERSONNEL HAVE ATA MINIMUM, 40-HR HAZ-WOPER TRAI

2. CERTIFIED HAZARDOUS WASTE TRANSPORTATION •
UTILITY TRUCK 4X4 WffRAFFIC CONTROL LIGHT

GEAR TRUCK W/ LIFTGATE

EMERGENCY RESPONSE UNIT - LARGE

EMERGENCY RESPONSE UNIT - SMALL

CREWVAN
BOB CATW/SOl..1O TIRES
VACUUM TRAILER -20 BB
VACUUM TRUCK - 70 BBL
VACUUM TRUCK~ 120
• VACUUM TRUCK - .

AIR EXCAVATO.

HYPROEXCAV
OMNI VAC - 85 BBL:

JETTER/ VACTOR C .

ROLL-OFF TRUCK
F{OLL-OFF TRUCK AND T
DUMP TRUCK~ 10 WHEEL

TRASH COMPACTOR
25' BOX VAN
45' BOX VAN
45' FLAT BED
25' EQUIPMENT TRAILER

STREET SWEEPER

3. RESPIRATORY/ CONFINED SPACE ENTRY EQUIPMENT
SELF-CONTAINED BREATHING APPARATUS (30 MIN.)
6-PACK BREATHING AIR BOTTLES
5-MlNUTE: EGRESS AIR BQTTLE
TRIPOD W/bOUBLE WINCHES

FULL BODY HARNESS W/ SHOCK ABSORBER

COPPUS BLOWER
4-GAS AIR MONITOR
PAGE2 OF6
OVERTIME
110.15
159.18
121.13
127.89

PREMIUM
TIME
151.08
197.22
149.19
158.19

HOURLY RATE

54.45 54.45
252.99
175.68

47.70 S9.22

59.22 85"17
106 .. 14
128.10

85.17 209,2$
209.28
209.28

85.17 106.14

42.15 142,41

42.15 58.44

58.44 38.16

95.49 147.96 PAILY
296.91. DAILY

42.03 PAILY
265.41 DAILY

38.16 DAILY
214.83 DAILY
325.62 DAILY
4-5-22 I 6H-58

PREFERRED PREVAILING WAGE RATES FOR THE CITY OF SAN CLEII/IENTE EFFECTIVE NOVEIViBE.R 1ST, 2021

PIO METER

MERCURY VAPOR ANALYZER

OVA MONITOR
PERSONAL4 GAS METER
ELECTRIC i3LOWE;R

4. TRAFFIC CONTROL

ARROW BOARD

PORTABLE DEGON STATION W/ARROWBOARD
BARRICADES W/ REFLECTOR$, EACH.

DELINEAiOR/REFI-ECTIVE, EACH
NO 1i.JRN R.IGHT QR LEFT SIGNS, EACH

TRAFFIC CONE/REFLECTIVE, EACH
TRAFFIC CONTROL SIGNS 48"X48"/REFLECTIVE
·5. CLEANING .EOUIPIIJiENT
AIR COMPRES$OR
CHEMICAL O.IAPHRAGM PUMP

DECONTAMINATION STATION
.OiAPHRA.GM PUMP
.SUCTION/DISCHARGE HOSE (B

LAYFLATHOSE (PER FOO
HYOROBI.AS1ER
lNTRISl:CAi.,LY SAFE PUMP F
STEAM MACHIN!= 1,0 2 •.

STEAM MACHINE· . 0 PS
ENGINE DRlVE MPS

PORTABLE TRAS MP
SUBMERS(13LE PU •

AIR SCRVBERS PORT

HEPA FILTERS FOR SOR S
55 BALLON CARBON SCRUBBER FOR VAC TRUCKS
3 STALL DECQNTAMINATION SHOWER
§. PORTABLE STORAGE UNITS
20-YARD BIN, OPEN TOP
20-YARD BIN, CLOSED TOP
40NARD BIN; OPEN TOP
40-YARD BIN, CLOSED TOP
4" TANK MANIFOLD

BJN LINERS

7. OIL SPILL EQUIPMENT
20' DRUM &SUPPLYTRAILERW/ 4' SIDES & 12,000 GVW
BOOM TRAILER {STANDBY) WI 15.00' OF 6"X1,2" BOOM
BOOM_8"x1:t' (DEPt...OYED)
BOOM 4"x12" (DEPLOYED)
PAGE3 OF6
.450.63 DAILY
584,30 DAILY
394;38 DAILY
269.28 DAILY

86.85 DAILY
241 .. 56 DAILY
$22.74 DAILY

35.37 DAILY

1.89 DAILY

17.19 DAILY

2.88 DAILY

40.14 DAlLY
45 .. 81 HOURLY
338.94 DAILY
231.03 DAILY
242.55 DAILY
a.SQ DAIL.Y
.0.99 DAILY

84.96 HOURLY
118..44 DAILY

76.41 HOlJRLY

65.,88 HOWRLY
ese.20 DAILY
226.26 DAILY
200,52. DAILY
188.10 DAILY
140A0 EACH
214,8$ DAILY
322.7,4 DAILY
'27.72 DAILY

33.39 DAILY

27.-72. DAILY
·35.37 DAILY

20.97 DAILY

57.33 EACH

2.26.26 DAILY
169.02 DAILY

1.89 PER FT/DAY

0.99 PER FT/DAY
4-5-22 I 6H-59

PREFERRED PREVAILING WAGE RATES FOR THE CITY OF SAN CLEMENTE EFFECTIVE NOVEMBER 1ST, 2021
22' TOW/SPILL CONTROL BOAT W/ 200 Hp MOTOR
22' x 8' SELF POWERED BARGE
19' TOOL SPILL BOAT W/90HP
17' TOW/SPILL CONTROL BOAT W/ 40 HP MOTOR
14' TOW/SPILL CONTROL BOAT WI 25 HP MOTOR
12' PUNTS
12' PUNTS WI 5HP MOTOR
SPLASH ZONE 2-PART SEALER
25 LBS ANCHORS W/ 15' CHAIN
15 LBS ANCHORS W/ 10' CHAIN
24" BOEYS
EMERGEN_CY RESPONSE TRAILER

ROPE MOP SKIMMER
DRUM SKIMMER TDS-136 WI POWER PACK
SKIM-PAK SERIES 4000 W/ CONTROL SYSTEM

SKIMMER TRAILER

ABSORBENT BOOM TRAILER
ATV (ALL TERRAIN VEHICLE;) W/TR.AILE
FORKLIFT TRAtLER

13. MATERIALS
10 GALLON DOT ORUM, ST
15 GALLON DOT DRUM, P
16 GALLON DOT DRUM, S
.20 GALLON DOT DRU
30 GALLON DOT D
30 GALLON DOT
5GALLONDOT
55 GALLON DOT D
!:i5 GALL,ON DOT DRU
55 GAi-LON DOT DRUM,
85 GALLON DRUM, OVERPAK, STEEL
95 GALLON DRUM, OVERPAK, POLY

ACID SPILFYTER NEUTRALIZER PER GALLON

BASE SPILFYTER NEUTRALIZER PER GALLON

BIO-SOLVE (HYDROCARBON ENCAPSULANT)
BLEACH

CHEMICAL POLY TOTES
CHLOR-D-TECT 04000
CITRI-CLEAN, 55 GALL,ON

DIESEL FUEL (EQUJPMENT)
DRlJM LINER •
bUGTTAPE

FACE SHIELD

HAND AUGER
HEPA VACUUM F_IL TER PROTECTORS

HEPA VACUUM REPLACEMENT BAGS

OIL SORBENT POM POMS
PAGE4 OF6
145.17

97.38 97.38

81.18 63./39

38.16 47.70
177.57

16.20 11.43

16.20 507.96
169.02
226.26

68.76 226.26
169.02
295.02
106.92
HOURLY
HOURLY
HOURLY
HOURLY
HOURLY
HOURLY
HOURLY

PER GALLON
DAILY
DAILY
DAILY
DAILY
HOURLY
HOURLY
HOURLY
DAILY
DAILY
DAILY
DAILY

54.45 EACH

54.45 EACH
57,,33 EACH

57.33 EACH

57.3$ EACH

20.07 EACH

66.87 EACH

65.88 EACH

42.93 EACH
241.56 EACH
241,56 _EACH
84Jl6 EACi-1

84.06 EACH

40.14 PER GALLON

4.77 PER GALLON
348.48 EACH

20.07 EACH
902.34 PER ORUM

5.76 PER GALLON

2.88 EACH

6.66 PER ROLL

14.31 EACH

94.50 DAILY

21.96 EACH

62.10 PER BALE
4-5-22 I 6H-60

PREFERRED PREVAILING WAGE RATES FOR THE CITY OF SAN CLEMENTE EFFECTIVE NOVEMBER 1ST, 2021

PLASTIC BAGS

PLASTIC SHEETING
RAGS, 50 LB BOX
ROPE 1/2 POLY, 100' ROLL
ROPE 5/8 POLY, 100' SPOOL
SAMPL,E: JARS ~ 1 QT

SANDBAGS

SHRINK WRAP

SIMPLE GREEN

SODAASH

SORSENT BOOM WI JELLING MATERIAL
$O'R.BENT BOOM, a•rx1 0''
SORBENT PADS 18"x18"x1/4" (200/BALE)
SUPERFINE, 25 LB BAG •

TRIWALL BOXES
VACTOR FLEX HOSE 4"
VACTOR FLEX HOSE 6"
9 .. TOOLS AND OTHER EQUIPMENT
BIO-HAZARD "BLOOD" SPILL KIT
BOAT HOOKS 3'-9' TELESCOPI

BOBCAT SWEEPERATTAC
CHEST WADE.RS
14 PORTABLE GA$ POWE
COM-A-LONG - 4000

CUTTING TORCH

DRUM SAMPLIN

DRUMVACUUNJ

EXTENSION LAD

EYEWASH STATION
FIRE PROTECTION SUIT . DEGREE PROTECTION FACTOR)

FORK LIFT
GENERAtOR:, 10KVTRA!LER MOUNTED
GENERATOR., 6500WATTS

HAND TOOLS

HAND WASHING STATION
HAZ"CAT KIT
HEAVY DlJTY JETTER NOZZLES

HEPAVACUUM (DRY)

HIP WADERS

HUDSON SPRAYER
JACK HAMMER 90 LBS

LIFE JACKETS
LIGHT STAND (2 BULBS)
LIGHT TOVVER (4 BULBS)

MEALS ON SPILLS

MERCURY VACUUM
PAGE5 OF6

81.18 PER BOX

81.18 PER ROLL

73.53 PE'R BOX

35.37 PER ROLL

40.14 PER ROLL

14.31 EACH

3.78 EACH

33.39 RO.LL

14.31 PER GALLON

6.66 PER GALLON
450.63 PER BALE

59.22 EACH

97.38 PER BALE
20,d7 PER BAG
169.02 EACH

1.89 PER FOOT

2.88 PER FOOT
112.68 EACH

7.(5!5 DAILY
238.68 DAILY

66.87 DAILY
161 .. 37 DALLY

6.66 DAILY
163.26 DAILY
7,65 EACH
129 .. 87 DAILY

14.31 DAILY

35.37 DAILY
241.56 DAILY
238.68 .bAILY

38.16 HOURLY
134.64 DAILY

57.33 DAILY

54.4!5 DAILY
21,96 PER TEST
255.87 DAILY
169.02 DAILY

57.33 DAILY

21.96 DAILY
134.64 DAILY

17.19 DAILY

40.14 DAILY
322.74 DAILY

7.65 EACH
564.30 DAILY
4-5-22 I 6H-61
~
OCEH~HLUE
ENVIRONMENTAL SERVICES. INC.

PREFERRED PREVAll..,ING WAGE RATE;$ !=OR THE: ClTY OF SAN CLEM_ENTE EFFECTIVE NOVEMBER 1ST, 2021

NON-SPARKING COLD CUTTER/ RIVET BUSTER
NON-SPARKING COLD CUTTER T!P$

PER DIEM ALLOWANCE ON TRAVEL
PICKS iMINERS0
PLUG & DIKE, 1 LB CAN

POLY SIPHON (POGO) PUMP

PORTABLE RESTROOM W/SINK

PROFILING FEE (PER WASTE STREAM)
RADIO 2-WAY, lNiRINSIC.ALLY SAFE

SAWZALL

SKILSAW
STEEL SPIKES, 36''
TRANSFER HOSES, 1 - 4"
TRUCK RAMPS (30,000 LBS)
VAPOR TIGHT DF{OP LIGHTS

VENTILATION FAN

WATER METER

WATER TANK TRAILER W/ PUMP

ORUM DOLLY
LEVEL ,;_A"" FU.LL¥ ENCAPSU

WITHSCBA
LEVEL 11 8" - POLY-TYVEKT

LATED SU T
LEVEL "C" -TYVEK
PUR
LEVEL ''Di' - TYV
RAING
HARDHATAPSU-
$ ilGHT W!SCSA

XSUITW/AIR
ALLOR
LOVES; BOOTS,

GLASSES
PAGES OF6
106.92
$3.39
177,57

2.88 27.72

20.97 169.02

84.96 44.91

89.73 40.14

5.76 47.70
~22.74
169.02
129.87
282.60
381.96
2(5.73
536.58
169.02

73.53 35,37
DArLY
EACH
DAILY
DAILY
EACH
EACH
DAILY
EACH
DAILY
DAILY
DAILY
DAILY
DAILY
DAILY
DAILY
DAILY
DAILY
DAILY
DAILY

PER SET

PER SET
4-5-22 I 6H-62
Statement of Compliance
925 West Esther St.

Long Beach, CA 90813
Ph: (562) 624A120
Fx: (562) 624-4127
This proposal is in strict compH.ance with the request for proposal and draft agreement; no • exceptions to either are p:roposed. •
♦ LONG BEACH ♦ ♦ SAN DIEGO ♦
4-5-22 I 6H-63
C
Other Information:
925 West Esther St.

Long Beach, CA 90813
Ph: (562) 624-4120
Fx: (562) 624-4127
Ocean Bhte wishes to provide a list of our pt;!rmits & h1sura.nce. Hard copies are available t.1.pon request.
♦ LONG BEACH ♦ ♦ SAN DIEGO ♦
4-5-22 I 6H-64
(
(
3l8363-0001-0
BU94037860
Various
709140
709140
3354
111486
FF863
0119128
9147
1000002<;i21
3354
44975
66 100$834
070219550300BO
t.JSDOT696231
CAD983608258
~~ ocEnnUoLUE
ENVIRONMENTRL SERVICES. INC.
. . . ..

City 0.fLos A:rtgeles Tax Reglsttation
City of L◊ng Beach Bu.siness License
County 6£ Los Angeles Public Health Pennit
(Sewage) ...
. .. "·· . • . • . .
w A" General •..

California, Contractors S
Haz .• Substance Rem.av
Califo:t#a, D~parb.nen Control Tian$p¢ ••
. General Services
ess Certification 1D
ep _ . .. ent of Irt<;l.1J.Stri"1 Relations
· RegistratlOI).
a1 Department of Health Services . WasteHatJler Regisb:ati:on Number . .

California,. Depattment of Pestici4e Regulation Business Lic1,m5e 44975.

California, :Oepartment of Public Health
Tratl.bla Scene Practitioner Registration
Californi;;i, Depa,rb.'A:ent o:f Re/lources Recycling ~ Rec,:rvery ;Regis~~tion U.S. Depari:m.ent 0£ :Transportation Hazardous
.Materia1s Certificate of Registration
U.S. Department of Tr.an$port_ation
Identific.af:io:n Numbet
U.S. Environmental Protection Agency
♦ LONG BEACH ♦
925 West Esther St.

Long Beach, CA 90813
Ph: (562) 624-4120
Fx.: (562) 624-4127
. Exp. iJate .

Active
2_022-08-15
2022~06'-30
2023-0t-31
2022:-10-M
2022-09-30
Non-B'xpir:lng
2021-11-30
2022-:-06-30
Everg:t~en -
2022-04,-1.7
2021-12-31
:2022-06-30
Evergreen
Evergreen
♦ SAN DIEGO ♦
4-5-22 I 6H-65
Department:

Prepared By:

Subject:

Fiscal Impact:

Summary:

Discussion:

Recommended
Utilities

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: April 5, 2022
David Rebensdorf, Utilities Director O ~
Agenda Item { () J -4$--
Approvals:

City Manager
Dept. He
APPROVAL OF A SECOND AMENDMENT To THE PROFESSIONAL SERVICES AGREEMENT VlhTH PETER AND ASSOC/A TES FOR GEO TECHNICAL DESIGN SERVICES RELATED TO SLOPE REHABILITATION ADJACENT TO LINDA LANE PUMP STATION, PROJECT No. 21208.

Yes. There is available funding within the project budget for the proposed $87,000 expenditure. The proposed contract increase is from $155,111 to $242, 111 and will be cost shared in accordance with the Operating Memorandum for the Marquita Slope Interim Reconstruction Work.

Staff recommends the City Council approve a Second Amendment to the Professional Services Agreement with Peter and Associates for Geotechnical design to protect the Linda Lane Pump Station.

On November 17, 2020 the City Council approved an Operating Memorandum for the Marquita Slope Interim Reconstruction Work between the City and three private properties on West Marquita to design the rehabilitation of the coastal bluff adjacent to Linda Lane Pump Station. As part of the Agreement, the City entered into a Professional Services Agreement and First Amendment with Peter and Associates to complete geotechnical design. During geotechnical design and upon review by the City's design review geotechnical engineer LGC Geotechnical, Inc. (LGC), it was determined additional soil analysis is required for design to ensure slope stability during construction.

Based on design review comments from LGC, Peter and Associates provided a revised scope of work. The additional services include: 100' deep exploratory boring at the top of the slope, 50' exploratory boring within the landslide area, inclinometers, monitoring, soil analysis and report preparation for the additional borings. Staff is requesting to include these services as part of a Second Amendment to the contract.

If the project is constructed, the City's cost share for the geotechnical design is 60%.

Additional detail related to the project, Operating Memorandum and First Amendment are provided in the February 2, 2021 Agenda Report as Attachment 2.

Action: STAFF RECOMMENDS THAT the City Council approve and authorize the City Manager to execute, Amendment No. 2 to Contract C20-61, by and between the City of San Clemente and Peter and Associates, providing for geotechnical services for Slope Rehabilitation adjacent to Linda Lane Pump Station. This Amendment increases the Utilities Agenda Report 4-5-22 I 61-1
Agenda Report Page2
contract from $155,111 to an amount not to exceed $242,111 (an increase of $87,000) and extends the contract term through June 30, 2023.

Attachments: 1. Second Amendment to the Professionat Services Agreement.

2. February 2, 2021 Agenda Report (which includes the November 17, 2020 Agenda Report).

Notification: None.
4-5-22 I 61-2
Attachment 1

SECOND AMENDMENT TO
!PROFESSIONAL CONSUL TANT SERVICES AGREEMENT FO~

IGEOTECHNICAL DESIGN CONSULTING SERVICES-MARQUITA SLOPE INTERIM

RECONSTRUCTION WORK FOR SLOPE REHABILITATION ADJACENT TO LINDA LANE PUMP STATION, PROJECT NO. 21208
This Second Amendment to Professional Consultant Servi~l:;lS Agreement for Geotechnical Design Consulting Services (this ''Second Amendment") is ''"''''ae and entered into on this __ day of ___ , 2022, by and between the CITY OF SA . MENTE, a California municipal corporation ("City"), and Peter and Associates, Inc., ("Co exten
Dece
A.

City and Consultant entered into th
Agreement for Geotechnical De
Agreement") on! November 17, 2020.

City and Consultant enter
Consultant Services Agr
("First Amendment") on !Fe
the First Amendment, is her
in Pro ·~ .sional Consul nt Services
Services (the "Original
mendment to the Professional
esign Consulting Services
. Agreement, as modified by
he "Agreement."
d the Agreement in the manner provided
ent is hereby amended by adding additional services and nt by changing the end date of the original Agreement from .. In addition to the services to be performed by Consultant the A . ement and Exhibit A to the First Amendment, Consultant • es described in Exhibit "A" to this Second Amendment, which incorporated herein by this reference.
greement is hereby amended by increasing the Maximum Payment $242,000 (an increase of $87,000 for the remainder of the contract).! Except as expressly amended by this Second Amendment, the remaining portions of the Agreement shall remain in full force and effect.
4-5-22 I 61-3
IN WITNESS WHEREOF, the parties hereto have caused this Second 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:
!BEST BEST & KRIEGER!
City Attorney

APPROVED AS TO AVA
OF FUNDING:

CITY OF SAN CLEMENTE
Its: ----
PETER & ASSOCIATES, INC.
("CONSUL TANT")
By: __ -,-_______ _
Its: ~----------
Dated: 20 -------'
4-5-22 I 61-4
EXHIBIT "A"I
4-5-22 I 61-5
Chiil, Geotech.niJ:al, Structural,
Enviro!llllelltal, Geological,
Land Surveyors, GPS Surveyors
February 2, 2022
Timothy T. Racich
Calpac Properties, LLC
27372 Aliso Creek Road
Aliso Viejo, CA 92656
949-487-6849 Office
• 949-874-2045 Cell
949-272-4050 Fax
[email protected]
Mr. David Rebensdorf
Utilities Director
City of San Clemente
(949) 289-3822
[email protected]
SUBJECT: Revised Cost Esti .

San Clemente City CouncilApril 5, 2022

San Clemente City Council
April 5, 2022