Agenda packet, regular meeting, first session — San Clemente City Council, July 19, 2022 (part 2 of 5)

information, Staff is requesting City Council's authorization to proceed with the contract.

The scope of services will include providing emergency management services such as:

1. Manage and coordinate city program activities for disaster preparedness and emergency operations, related training, exercises, drills, event coordination, and budget analysis.

2. Manage and implement related City volunteer programs such as the Community Emergency Response Team (CERT) and Radio Amateur Civil Emergency Service (RACES).

3. Maintain the City's Emergency Operations Plan and other related plans.

4. Coordinate with City departments to ensure disaster preparedness, planning, response, and recovery.

5. Maintains readiness of the Emergency Operations Center (EOC); coordinates and provides mandated training to designated staff; works with local, Federal/State agencies to satisfy training requirements.

6. Monitors, evaluates, and reports on State/Federal legislation, requirements; applies for and manages emergency management grants including SCE/SONGS and funding programs; coordinates and manages submittals for disaster recovery claims for relief and reimbursement with Federal and State agencies in compliance with applicable laws and regulations.

The previous agreement for emergency management services was for a six-month trial period from January 1, 2022 to June 30, 2022 and Jacob Green and Associates did a very good job during that period, completing all tasks on time and within budget.

Emergency Management and Preparedness Services is listed in the Safety Element of the City's General Plan with a goal to be a safe, disaster-resilient community that is prepared through effective community outreach, proactive monitoring, and efficient emergency services, response, recovery and mitigation.

Action: STAFF RECOMMENDS THAT the City Council approve and authorize the Public Works Director/City Engineer to execute Agreement No. __ , by and between the City of San Clemente and Jacob Green and Associates, in an amount not to exceed $90,000 for a one-year agreement from July 1, 2022 to June 30, 2023.

Attachments: Agreement
Notification: None.
s :\cd\eng ineering\secure\admin\2022\6-21 \3r\emergency management seNices.docx Public Works Agenda Report 7-19-22 I 4F-2

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 1st day of July, 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 Jacob Green and Associates, an S Corporation, with its principal place of business at 13217 Jamboree Road #248, Tustin, CA 92782 ("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 emergency management 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 emergency management consulting services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.

2.2 Services.

City desires to engage Consultant to render such professional emergency management consulting services for the City of San Clemente to include three objectives: 1) Program Support and Administration, 2) Training and Exercise Program, and 3) Community Engagement/CERT Program Administration and Support ("Services") as set forth in Exhibit A of this Agreement. All services shall be per the Proposal included in Exhibit A, unless otherwise approved by the Public Works Director or designee in advance.

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 emergency management consulting services necessary for the work ("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 July 1, 2022 to June 30, 2023, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 1 BBK: August 2018
55452.011 00\31193624.5
7-19-22 I 4F-3

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, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "A" 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 Services or a threat to the safety of persons or property, shall be promptly removed from the work by the Consultant at the request of the City. The key personnel for performance of this Agreement are included in Exhibit "A".

3.2.6 City's Representative. The City hereby designates Kiel Koger, Public Works 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 2 BBK: August 2018
55452.01100131193624.5
7-19-22 I 4F-4
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 Jacob Green, President and CEO, 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 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 of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions 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 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 3 BBK: August 2018
55452.011 00\31193624.5
7-19-22 I 4F-5
exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, 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 "B" 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 "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed $7,500 per month over 12 months ($90,000 total contract) 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 in writing by City, or included in Exhibit "A" 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 Services, 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.

3. 3.6.1 Prevailing Wages. Consultant is aware of the requirements of 4 BBK: August 2018
55452.01100\31193624.5
7-19-22 I 4F-6
(
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. 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 same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to Services performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 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 of Services under this Agreement. Consultant shall be required to provide such document and 5 BBK: August 2018
55452.01100131 193624.5
7-19-22 / 4F-7
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: Jacob Green and Associates
13217 Jamboree Road #248
Tustin, CA 92782
City:

ATTN: Jacob Green, President and CEO
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Kiel Koger, Public Works Director
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 6 BBK: August 2018
55452.01100131193624.5
7-19-22 I 4F-8
(
become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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

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

3.5.4 Cooperation; Further Acts. The 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. 7 BBi<: August 2018
55452.01100\31193624.5
7-19-22 / 4F-9

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

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

3.5.9 Time of Essence. Time is of the essence for each and every provision of 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 8 BBK: August 201 8
55452.01 100\31 193624.5
7-19-22 I 4F-10
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal 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.

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.
9 BBK: August 2018
55452.01100\31193624.5
7-19-22/4F-11

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 provision making them subject to all provisions stipulated in this Agreement.

CITY OF SAN CLEMENTE
By:

Erik Sund, City Manager
ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
55452.01100\31193624.5

JACOB GREEN AND ASSOCIATES
By:

Jacob Green, President and CEO
10 BBK: August 2018
7-19-22 / 4F-12
EXHIBIT "A"

SCOPE OF SERVICES
SEE ATTACHED SCOPE OF WORK FROM JACOB GREEN AND ASSOCIATES.

BBK: August 2018
55452.01100\311 93624.5
7-19-22 I 4F-13
EXHIBIT "B"

INSURANCE REQUIREMENTS

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

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

3.2.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant's profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. 55452.01100131193624.5
7-19-22 I 4F-14
(

ANNUAL SCOPE OF WORK
Emergency Management Semites
OBJECTIVE #1: EMERGENCY MANAGEMENT PROGRAM SUPPORT
Program Administration
JGA will provide emergency management services to support the implementation of the San Clemente Emergency Management Work Plan developed by JGA in conjunction with City staff.

Emergency management support includes:
• Respond to emergency management inquiries from the public, County Operational Area, State Office of Emergency Services, and Federal Emergency Management Agency on behalf of the City.
e Attend Orange County Emergency Management Organization (OCEMO), lnterjurisdictional Planning Committee (IPC), and other pertinent emergency management meetings as a representative on behalf of the City either in-person or virtually.
• Support Emergency Management Performance Grant (EMPG) and Southern California Edison (SCE) emergency planning grant management activities. o Provide expert emergency management guidance when called upon by t he City. o JGA team will evaluate the City's current Emergency Operations Center infrastructure and make recommendations on equipment, technology, furniture, and response protocols and ensure a state of readiness.
• Maintenance updates of the City of San Clemente Emergency Operations Plan.

OBJECTIVE #2: TRAINING AND EXERCISE PROGRAM
Regional EOC Training Academy & Annual Training
Training & Exercise Program
Core emergency management trainings and exercises for Elected Officials, Department Heads, Senior Officials, and the Emergency Operations Center Response Team will also continue to be conducted on an annual basis.

Trainings are focused on ensuring staff can competently activate the jurisdictional Emergency Operations Plan, understand and are able to execute their disaster roles and responsibilities, and operate effectively within the Emergency Operations Center. Exercises are designed to validate EOC training delivered as part of this task.
7-19-22 I 4F-15
Training #1- Disaste,r Response for Senior Officials (City Council, City Manager, City Attorney, Assistant City Manager)
Consistent with SEMS/NIMS/ICS protocols, a training course will be provided to ensure top City elected and appointed officials understand the fundamentals of the systems and infrastructure designed to support emergency response. This includes:
• The purpose and scope of ICS/SEMS/NIMS
• Common terminology associated with ICS/SEMS/NIMS
• Basic elements of ICS/SEMS/NIMS law
• The five levels of organization within ICS/SEMS/NIMS
• The functions and basic concepts of ICS/SEMS/NIMS
• Attributes and purpose of the EOC
• Senior Official' s role in preparedness, response, and recovery • The importance of training in ICS/SEMS/NIMS
• Overview and activation of the Emergency Operations Plan (EOP) o Overview and activation of the Emergency Operations Center (EOC) Training #2 - Emergency Operations Plan (EOP) Orientation Training City staff and other EOC responders will be trained in the City Emergency Operations Plan (EOP) which will be updated by staff if determined during t he Gap Analysis phase. The EOP provides the City team with a framework for responding to major emergencies and disasters. Staff will be trained in the various requirements outlined in the EOP and activation protocols. This includes:
• Review of San Clemente potential hazards
• Authorities and department responsibilities
• Outside jurisdictions and organizations with which planning and emergency response activities are coordinated
• Organizational structure to manage the emergency response • Preplanned response actions to be taken by emergency personnel to mitigate the effects of a disaster
• Process of disseminating emergency information and instructions to the public • Resources available to support emergency response activities [
J c;l 7 J,mib@lacobGreenAndAsscciates:.com JACOB • GREENI 909-238-8536 - t,, ,\))lll,.IAI ~!, · 7-19-22 I 4F-16
(
Training #3 - Emergency Operations Center (EOC} Section & Position Training City staff and other EOC responders will be trained on EOC SEMS Sections and EOC position specific responsibilities. These five sections include Management, Operations, Finance & Administration, Planning & Intelligence, and Logistics.

Topics covered will include:
• Levels of EOC activation
• Organizational structure of the EOC
• EOC Priorities & Actions
• EOC Section Specific Considerations
• Continuity of Operations
• Position Tools & Resources
• Position Roles and Responsibilities
Exercise #1- Emergency Operations Center Tabletop Exercise (TTX} Utilizing the City of San Clemente's Emergency Operations Plan (EOP}, combined with input from a pre-exercise planning team virtual workshop, a table-top exercise will be designed and executed. Lessons learned from the TTX will be used to develop a future functional exercise.

Focus shall be on creating a low stress, inclusive table-top educational environment providing staff with a hands-on understanding of t he EOP and EOC response.

Exercise #2 - Emergency Operations Center Functional Exercise Incorporating lessons learned from the TTX, an EOC Functional Exercise shall be created and implemented to further test the City's EOP and Emergency Management team. The Functional Exercise may use the same general emergency event scenario but will include variations to provide problem solving challenges for al l participants. The functional exercise shall provide an opportunity for all participants to utilize available technology, tools, resources, and the EOC facility to solve incident challenges and provide best practice response approaches in real time.

A debriefing will be held to solicit participant feedback and a 3-5 page after action report summarizing exercise accomplishments will be provided to the City. This AAR shall also include any recommendations for the City's future update of the EOP.

Regional EOC Training Academy
With support from JGA, the City of San Clemente has accomplished a significant amount of training for City staff in the past six months. To continue to build upon the foundational training as well as to reinforce learned concepts, City staff will be invited to participate in the JGA Regional EOC Training Academy with classes held throughout the year at no additional cost. 7-19-22 I 4F-1 7
The Regional EOC Training Academy will feature both basic orientation-level courses as well as Intermediate and Advanced EOC topics. Each course will focus on ensuring staff can competently activate the jurisdictional Emergency Operations Plan, understand and are able to execute their disaster roles and responsibilities and operate effectively within the Emergency Operations Center.
-- Regih_ri_al EOC Training Academy - Sample Course Offerings - " ~!~i:n ~ - Title
Course #1 Emergency Management for Senior Officials
Course #2 Emergency Operations Plan (EOP) Orientation
Course #3 EOC Management and Operations
Course #4 EOC Section and Position Training
Course #5 Safety and Damage Assessment in the EOC
Course #6 M ass Care and Shelter Operations
Course #7 Volunteer and Donations Management
Course #8 Public Information and Social Media in the EOC Course #9 The Role of the EOC in Event Management
Course #10 Disaster Finance and Recovery
Course #11 EOC Technology and Information Management
Course #12 Crisis Leadership and the Ethics of Disaster Response Course #13 WebEOC Operations and Documentation
Course #14 Alert and Warning/ Everbridge Training
!,=-, - b@l ' r• " d. • l r.'-'--'-----, Jaco arOO\.d eeul¼n ~ssoi:1c1 ~s.com •jACOB [GREEN 909-238-8536 lir..r\.Utllli\1 l ~ '
7-1 9-22 I 4F-18
Objective #3: CERT/ RACES PROGRAM ADMINISTRATION
The team at JGA will provide Community Emergency Response Team (CERT) and Radio Amateur Civil Emergency Service (RACES) program support and subject matter expertise for the City's CERT and RACES program. This support will include:
• Managing community interest inquiries and maintaining CERT interest list • Liaison with Orange County Fire Authority, Red Cross, and any external involved parties • Marketing and communications support, including coordination of public outreach booths at city events
• Registration management support
• Maintaining CERT active "call-out" list
• Managing graduation logistics
• Provide instruction support to the Orange County Fire Authority • Participation with the Tri-Cities (San Clemente, San Juan Capistrano, and Dana Point) CERT and RACES Program that is fully supported and coordinated by JGA e Development and inclusion with the Tri-Cities CERT and RACES website for outreach, training, and call-out coordination
• Development of a customized emergency preparedness guide tailored to the City of San Clemente
1~7 J • r.,'l , r A. , • ,
1 _1.L. ___ L.-1_1 acoo.i_,.. aco!Ot,reen • iwi-issonates.com JACOB ~ • GREEN 909-z38,.8536 ! ~ Ai~tH, .. 1,\I1:!!
7-19-22 / 4F-19

ADDITIONAL OPTIONAL SERVICES
t •. Plan Writing Services
If identified during Objective #1 and if desired by the City, our team can develop and/or update core emergency management plans. All plans and associated planning products will be developed consistent with the most current state and national requirements or applicable industry standard.

Core emergency plans consist of:

1. Emergency Operations Plan (if major update is required. Maintenance updates included in monthly fee)

2. Hazard Mitigation Plan (posted plan from 2004 is expired)

3. Continuity of Operations/Continuity of Government Plan

4. Recovery Plan

OPTIONAL PLAN WRITING SERVICES
Emergency Operations Update to the jurisdictional
Emergency Operations Plan 8 months $35,000
Plan Update (EOP) (EOP)
Hazard Mitigation Plan
Creation of a jurisdictional
Update (HMP)
Hazard Mitigation Plan (HMP} 10 months $75,000
Revised every 5 years
Continuity of Update of a jurisdictional
Operations/Government Continuity of 6 months $20,000
Plan (COOP-COG} Operations/Government Plan
(COOP-COG)
Development of a jurisdictional
Recovery Plan Recovery Plan as an Annex to 4 months $20,000 the EOP
' • J ..
1 jacoi>@jacohGreenAndAssociates.wm
OB EN 909-238-8536 b,.A)~Ol\Al l'!I
7-19-22 I 4F-20
(
B. EOC Response/Suppoat
If called upon by the City, JGA can provide support to all EOC positions, regardless of the size or gravity of the incident. From gas leaks to evacuations, our team can provide your staff w ith the EOC support necessary to mitigate the incident and ensure successful disaster recovery.

Our team is based local ly in Southern California and can support San Clemente's emergency response effort during and after an incident. The billable rates below, which do not include any applicable travel or incidental expenses, will be utilized when activated by the City.

Response is subject to disaster conditions and position availability.

Emergency Operations Center staffing costs are reimbursable under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Title 42 U.S.C.) as provided by FEMA following a Presidential Disaster Declaration. Eligible emergency response activities are authorized under FEMA's Public Assistance Program - Category 8-Emergency Protective Measures at a federal share not less than 75% and up to 90%. Cost associated with the Emergency Operations Center include material costs, operational costs, force accou nt labor, and contractual services. Eligible costs generally are those that are deemed reasonable, ordinary, and necessary. FEMA encourages the use of pre-qualified contractors and predisaster contracts consistent with provisions of 2 CFR 200.18 through 200.326. Jacob Green & Associat es encourages the use of pre-disaster procurement agreements and contracts as a means of securing critical disaster support during extraordinary times when resources and services are known to be scarce or unavai lable due to the scope and magnitude of a disaster.

INCIDENT EMERGENCY MANAGEMENT / EOC RESPONSE SUPPORT
~~~~:.-_,~;~\ . __ P.ositl~ ~~~~'!-'1"l'~,g3;;~1-.:;rr:11{t1B.~~r!v-lfil!i!!_g_~.tfl~:,,t:2JG/::;'~ EOC Director $275
EOC Coordinator $225
Public Information Officer $160
Operations Section Chief $225
Operations Section Support $160
Planning & Intelligence Section Chief $175
Planning & Intelligence Section Support $150
Damage Assessment Coordinator $16S
Logistics Section Chief $175
Logistics Section Support $150
7-19-22 I 4F-21
COST
Jacob Green & Associates will provide emergency management support to the City of San Clemente focused on the Scope of Services as outlined in this proposal in the form of a monthly fixed-fee of $7,500 per month (includes any applicable travel).

Exclusions
The following program expenses, if necessary, are not included in consultant fees and are the responsibility of the City:
• Printing of program materials
• Venue rental fees
• Advertisement/marketing expenses
• Food and beverages for trainings and/or meetings
• Professional video/photography services (available upon request) • lncident/EOC Response
1 ,---,
1 jacoh@jacoDGrec11AndAs;ociates~cva::
~f8~) 909-238-8536 11.. .... ) 3(..11,._ j ,\ lt~
7-19-22 I 4F-22
Department:

Prepared By:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: July 19, 2022
Public Works
Kiel Koger, Public Works Director/City Engineer
Agenda Item
Approvals:

City Manager
Dept Head
Attorney
Finance
Subject: APPROVAL OF MAINTENANCE SERVICES AGREEMENT TO PROVIDE PRESSURE WASHING

SERVICES IN THE DOWNTOWN AREA WITH POWERCLEAN
Fiscal Impact: Yes. Contract funding in the amount of $64,620 is included in the Fiscal Year 2022- 2023 budget.

Summary: Staff is requesting approval for a one-year agreement with Powerclean to provide pressure washing services in the downtown area.

Background: The City previously performed pressure washing services twice a year in the downtown area on El Camino Real from Palizada to Presidio on both sides of street from the business store fronts to the curb. This service was also performed on Del Mar from El Camino Real south continuing on Victoria and ending at Cazador. Staff determined last year that additional service was needed due to the amount of pedestrian traffic in these areas and recommended that the service be provided on a monthly basis. Staff previously received bids to increase these services from biannually to monthly. In October 2021, the City received three bids in accordance with Purchasing Policy 201-2-8. This policy ensures that the City will obtain the most qualified and competent maintenance services consultant at a reasonable cost consistent with quality facilities and or services. Powerclean was the low bidder by roughly half of the next lowest bidder. The City entered into a seven-month trial period agreement and the contractor completed all tasks on time and within budget.

Recommended
Action: STAFF RECOMMENDS THAT the City Council approve and authorize the Public Works Director/City Engineer to execute Agreement No. _ _ , by and between the City of San Clemente and Powerclean, in an amount not to exceed $64,620 for a one-year agreement from July 1, 2022 to June 30, 2023.

Attachments: Agreement
Notification: None.
s:\cd\engineering\secure\admin\2022\6-21 \4r\downtown pressure washing.docx Public Works Agenda Report 7-19-22 I 4G-1

CITY OF SAN CLEMENTE

AGREEMENT FOR MAINTENANCE SERVICES

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, located at 910 Calle Negocio, San Clemente 92673 ("City") and Powerclean, a sole proprietorship with its principal place of business at 1742 Green Canyon Road, Fallbrook, CA 92028 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provIsIon of certain pressure washing maintenance services required by the City on the terms and conditions set forth in this Agreement which are hereby incorporated as though fully set forth herein. The contract documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Bid, together with this Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. Contractor represents that it is experienced in providing pressure washing maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that it is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such pressure washing services in the downtown area on El Camino Real from Palizada to Presidio (both sides of street from business store front to curb and on Avenida Del Mar from El Camino Real south continuing on Victoria and ending at Cazador (both sides of street from business store front to curb) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1 .1 General Scope of Services. Contractor 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 pressure washing maintenance 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 July 1, 2022 to June 30, 2023, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 1 55452.01100\31090125.5
7-19-22 I 4G-2
(

3.2 Responsibilities of Contractor.

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

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel periorming the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional pers.onnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Contractor 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. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

3.2.4 City's Representative. The City hereby designates Randy Little, Public Works Maintenance Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Contractor but not the authority to enlarge the Scope of Work or change the total compensation due to Contractor under this Agreement. The City's 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 Contractor's total compensation, subject to the provisions contained in Section 3.3 of this Agreement. Contractor shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.5 Contractor's Representative. Contractor hereby designates Dave Ausmus, Owner, or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his 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.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors and other staff at al l reasonable times.
2 55452 01100\31090125.5
7-19-22 / 4G-3

3.2. 7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors and/or professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the discipline necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them.

Finally, Contractor represents that it, its employees and subcontractors 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 of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors 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 Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Laws and Regulations. Contractor 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. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents 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.

3.2.9 Safetv. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor 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 as 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 subcontractors, 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.

3.2.10 Labor

3.2.10.1 Prevailing Wages. Contractor 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. Since the Services are being performed as part of an applicable "public 3 55452.01 100\31090125.5
7-19-22 I 4G-4
works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor 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 Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.2.10.2 Registration. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code sections 1725.5 and 1771.1 , effective March 1, 2015, Contractor and all subcontractors must be registered with the Department of Industrial Relations ("DIR"). Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor'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 work performed on a maintenance project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771 .1.

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

3.2.12 Bonds. - Not Applicable

3.2.12.1 Performance Bond. If specifically requested by City in Exhibit "D" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-toexceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit "D" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (1 0) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance 4 55452.01100\31090125.5
7-19-22 I 4G-5
with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.13 Water Quality Management and Compliance.

3.2.13.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.2.13.2 Compliance with Water Quality Laws, Ordinances and Regulations. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Water Code§ 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to San Diego Regional Water Quality Control Board Order No. R9-2013-0001 as amended by Order Nos. R9-2015-0001 and R9-2015-0100. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.

3.2.13.3 Compliance with Local Water Quality Requirements. In addition to compliance with the laws, ordinances and regulations listed in paragraph 3.2. 13.2, Contractor shall comply with all applicable requirements of the Orange County Drainage Area Management Plan ("DAMP"), the City of San Clemente Water Quality Improvement Plan ("WQIP"), the City of San Clemente Jurisdictional Urban Runoff Management Plan ("JURMP"), and the applicable Water Quality Management Plan ("WQMP"). These documents contain Model Maintenance Procedures with Best Management Practices ("BMPs"). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, stormwater runoff, and receiving water quality.

Contractor shall be familiar with these documents and shall comply with the requirements as specified therein.

A copy of the DAMP is available on the internet at:
www.ocwatersheds.com
5 55452.01100\31090125.5
7-19-22 / 4G-6
(
A copy of the San Clemente WQIP and JURMP are available on the internet at:
www.sccleanocean.org.

The City will provide a copy of any applicable project WQMP.

3.2.13.4 Standard of Care. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding the requirements of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement as they may relate to the Services.

3.2.13.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.13.2 and 3.2.13.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in Sections 3.2.13.2 and

3.2.1 3.3 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Contractor's failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Contractor for
delay in completing the Services caused by Contractor's failure to comply with the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "E" attached hereto and incorporated herein by reference. The total compensation shall not exceed Sixty-four thousand and six hundred and twenty DOLLARS ($64,620) without written approval of City Manager. 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. Contractor shall submit to City a monthly itemized invoice which indicates work completed and hours of Services rendered by Contractor.

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 6 55452.01100131090125.5
7-19-22 I 4G-7
and approved charges thereon. If the City disputes any of Contractor's fees, the City shall give ( written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor 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.

Contractor 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 "E" may be adjusted each year at the time of renewal as set forth in Exhibit "E."

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor 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. Contractor 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 Contractor, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor 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 Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

Contractor:

City:

Powerclean
17 42 Green Canyon Road
Fallbrook, CA 92028
ATTN: Dave Ausmus, Owner
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Randy Little, Maintenance Manager
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 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.

3.5.4 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.

3.5.5 State License Board Notice. Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826.

3.5.6 Indemnification. To the fullest extent allowable by law, Contractor shall defend, indemnify and hold the City, its 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, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney's fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers.

Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall 8 55452.01100\31090125.5
7-19-22 I 4G-9
not be restricted to insurance proceeds, if any, received by the City, its officials, officers, ( employees, 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. 5.1 O City's Right to Employ Other Contractors. City reserves right to employ other contractors 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. Contractor 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 Contractor include all personnel, employees, agents, and subcontractors of Contractor, 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.

3.5.16 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.
9 55452.01100131090125.5
7-19-22 / 4G-10

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

3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, 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. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.20 Labor Certification. By its signature hereunder, Contractor 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. Contractor 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. Contractor 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 provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures. 10 55452.01100\310901 25.5
7-19-22 / 4G-11
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
55452.01100131090125.5

CITY OF SAN CLEMENTE
By: ____________ _
Its:
----------- --
Dated: ___ _ _ ___ , 20 __
("CONTRACTOR")
By: ___ _ _______ _
Its:
------- -----
Dated: ________ , 20 _ _
11 7-19-22 I 4G-12
EXHIBIT "A"

SCOPE OF MAINTENANCE SERVICES
Pressure washing services on a monthly basis in the downtown area on El Camino Real from Palizada to Presidio on both sides of street from the business store fronts to the curb. This service is also required on Del Mar from El Camino Real south continuing on Victoria and ending at Cazador on both sides of street from the business store fronts to the curb.
55452.01100131090125.5
7-19-22 / 4G-13
EXHIBIT "B"

SCHEDULE OF MAINTENANCE SERVICES
Perform services listed in Exhibit "A" on a monthly basis. All work shall be performed Monday through Friday from 6am to 1 Oam. No exceptions. 55452.01100\31090125.5
7-19-22 / 4G-14
(

1.1 EXHIBIT "C"

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

1.1.1 Time for Compliance. Contractor 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, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

1.1.2 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 Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and not less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions ( 1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1 ), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. [***NOTE:

If Contractor does not own any company vehicles or may not be able to purchase a Business Automobile Insurance Policy, the requirement may be satisfied by providing either of the following: (1) a Personal Automobile Liability policy for the Contractor'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 Contractor uses vehicles of others (e.g., vehicles of employees). ALWAYS DELETE THIS SECTION IF NOT USED***]
(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. [OPTIONAL: include the following provision if there is a pollution liability exposure; otherwise, always delete.]
(D) Contractors Pollution Liability: Contractors Pollution Liability Insurance covering all of the contractor's operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $2,000,000 per loss and $4,000,000 total all losses. The 55452.011 00\31090125.5
7-19-22 I 4G-15
policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another.

1. 1.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability [INSERT "and Contractor's Pollution Liability"; OTHERWISE, ALWAYS DELETE]:
(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. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 1 O 01 (or endorsements providing the exact same coverage) to effectuate this requirement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. (2) 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. (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. (C) Workers' Compensation:
(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.

1.1.4 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.

1. 1.5 Waiver of Subrogation. All required policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor 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 subcontractors.

1. 1.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention greater than $5,000 must be approved in writing by the City and shall protect the City, 55452.01100131090125.5
7-19-22 I 4G-16
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.

1.1.7 Evidence of Insurance. The Contractor, 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, Contractor 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 provided through another insurance company or companies.

1.1.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Contract 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 Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.

1.1.9 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- VI I 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.

1.1.10 Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposed no additional obligation on the City nor does it waive any rights hereunder.

1.1 .11 Requirements Not Limiting. Requirement of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

1.1.12 Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors 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 subcontractor's policies. All policies of Commercial General Liability insurance provided by Contractor's subcontractors 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. Contractor shall not allow any subcontractor to commence work until it has received satisfactory evidence of subcontractor's compliance with all insurance requirements 55452.01100\31090125.5
7-19-22 I 4G-17
under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence ( of compliance with this section upon request of the City. 55452.0110D13109D125.5
7-1 9-22 / 4G-18
EXHIBIT "D"

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

TH "T 1/1/HERE" s the City of San Clemente (hereinafter referred to a~ "City") has awarded to " • • n , , (heremafter referred to as the
"Contractor'') an agre
(hereinafter referred to as the "Project").

WHERE"S the work to be performed by the Contractor is more particularly set forth in the Contract n Documents ' • ~• r1 t d (hereinafter referred to as for the PrOJet,t-1:J'a e ' . d h · b , :Contract Documents"), the terms and conditions of wl=lich are expressly mcorporateere1n'j reference; and
WHEREAS, the Contractor is required by said Gontrac.t Dowments to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documefl-t&.

NO1M THEREFORE, we,
the •;~dersigned Contractor and . d h
1 ,., f th a; Surety a corporation organized and duly authorized to transact busme~s un~er \ea, s o~ State of' California, are held and firmly bound unto the City 1n t e sum o CENTS ($ ), said s~m
::~g not less than one hundred percent (100%) of the total ~mount of the Codntr:ct,. f?~ wth1ch amount well and truly to-be made, we bind ourselves, our heirs, eJCecutors an a m1n1s ra ors, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGJ\TIO!>J IS SUCH, ~hat, if !he Contractor, his ~r its ,heirs, executors, administrators, successors or assigns, shall ~~ all th1Ags stand to an? a~~de ~Y, i3n~ well and trul , keep and perform the covenants, cond1t1ons and agre?ments IA e on rac Documents :nd any alteration thereof made as therein provid.ed, on its part, to b~ l<ept an? rf med at the time and in the manner therein specified, and IA all respect~ accord1Ag to thrnr P~e:; and meaning· and shall faithfully fulfill all obligations including, if provided ~s. partd of ~h~ ~ontract Documents, the one year guarantee of all materials and .workma~sh1p,. an s a • emnif, and save harmless the City, its officers and agents, as. sti~ulated 1n said Contra?t ~:cume~ts, then this obligation shall become null and void; otherN1se 1t shall be and remain 1n full force and effect.

J\s a condition precedent to the satisfactory completion of the C?ntr.act ~o~~m~ts, ~nfl!rs:
.,· ".d d for in the Contract Documents, the guarantee obligation_ s a. o. goo ~~~~:Ci"'!~ :::•~t~year after the acceptance of the wo.rl< by City, during wh1c~ ;1~0 11 1; Co~tr~~~;
shall fail to make full, complete, and satisfactory repair and r_eplacem~nts an o ~ ,;. pro cc h. c·t, from loss or damage resulting from or caused by defective materials or faulty •• or <mans. 1p th1: above obligation-+n-penal sum thereof shall remain in full ~ore~ and effect. ~O'Never, ;nyth~nTi in this ara ra h to the contrary-notwithstanding, the obligat1~ns of s_urety he.re~n er s. ~ r P so ~on~ as any obligation of Contraster remains. Nothing herein shall l1m1t the Cit! s ~::t~uo~ the Contractor or surety's obligations .u.nder the Contra~t Documents, law or equity, iRG~uding, but not limited to, California Code of C1v1I Procedure section 337.15. 55452.01100\31090125.5
7-19-22 I 4G-19
WAenever Contractor shall be, and is declared by the City te-ee, in default under the Contract Dosuments, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Cit~t-iGR:-
(1)
(2)
(3)
Take over and somplete the Projest in ascordance with all terms and sonditions in the Contrast Documents; or
Obtain a bid or bids for completing the Projest in accordance •Nith all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a sontract betvveen such bidder, the Surety and the City, and mal<e available-as-work progresces suffisient funds to pay the cost of completion of the Project, less the balance of the sontract price, including other costs and damages for whish Surety may be liable. The term "balance of the contract prise" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract Documents and any modification thereto, less any amount previously paid by the City to the Contracte-F and any other set offs pursuant to the Contract Documents; or Permit the City to complete the Project in any manner consistent with California law and make available as 'Nori< progresses sufficient funds to pay the sost of completion- of the Project, less the balanse of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract Documents and any modifisation thereto, less any amount previously paid by the City to the Contraster and any other set offs pursuant to the Contract Documents.

St!fety expressly agrees that the City may reject any contractor or subsontractor •.vhich may be proposed by Surety in fulfillment of its obligations in the event of default by the Contraster.

Surety shall not utilize Contractor in sompleting the Project nor shall Surety-aBeept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any w-ay affect its obligations on this bond, and it does hereby 1.vaive notice of any such change, extension of time, alteration or addition to the terms of the Contrast Dosuments or to the Project and the provisions of Section 2819 and 2845 of the California Civil Code. Wi#¼e-H-t limffiflg the foregoing, such changes,extensions of time and alterations or additions shall incl-l:l-Ele, but are not limited to, shanges or alterations to the Contract Documents (including, without limitation, an insrease in the total dollar amount of the Contract Documents), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor. 55452.01100\31090125.5
7-19-22 I 4G-20
1-N- VVITNESS WHEREOF, we have hereu-A-to set our hands and seals this day-Bf CONTRACTORJPRINCIP/\L
(Corporate Seal of Contractor/
Principal, if a Corporation) Name of Contractor/Principal (Type or Print) Name (Signature)
Name (Type or Print)
Title (Type or Print)
SURETY
(Seal of Surety)
Name of Surety (Type or Print)
Attorney In Fact
Signatures • o f th , ose s:gnm • • g foe , the , Go•, 1tractor 1 and , Surety must be notarized and evidence of corporate authority attachefi.:.

The rate of premium on this uonu i... ,.J • IS nor r- thousand. The total amount of premium charges,$
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of /\gent or
Representative for service of
~cess in California, if different
from above)
(Telephone number of Surety an?
/\gent or Representative for service
of process in California)
55452.01100\31090125.5
7-19-22 I 4G-21
NetaFY AekAe1
11leEl9meAt
A--AotaFy puelis--eF-etl=!e-F--OOieer G9A'lf:1IeliAg tl=1is sertifieale verifies ORiy the;- ideAtity of _the iA~iv1dual ::e:r:t m~ dosuA'leAt to which this serl1f1Gate is allaeh , a t
!Fmhl1;1IRess, assuras-y,eF-V-al-iaity of that dowmeffi..

S+,l\+e OF GAbli;:GRN!A
GOUN+Y OF
OR 20 , before me, ' N ota ry+2H-BH£,peFSO A ally
appeared , who proved to me on the bacis of satisfactory eviaence to be the peFson(s) wl=lose name(s) istare s1:1bscrieed to the within instr1:1ment and aclrnowled§!ed to me that l=lelshe,lthey execlolted tl=le same in hislher,ltl=leir autheri2:ed capacity(ies), and that 13y hislherlU=ieir •ature(s) on the instrument tl=le person(s), or the entity upon 13ehalf of which the persen(s) acted, e*eouted the instrument.

I oertify under PENALTY OF PERJURY 1:1nder the laws of the State of California that the foregoing paragraph is true and correct.

Wl+~JESS my Rand and official seal.

Si§Mwre-ef-N~elie

OPTIONAL
Tllo1:1gh the iRforma#eR--J}e-/-e-w-+-s--R91---feqt/~,=e.ve-v.aiuab.le le pef5{)-R5 relyiRg OR-t-he-flee-wm!•fl-1 8flfH,&tl/fl prev-eRt--mwdlJleRt-..Fe.rne~•a.l aRd realtashmeRI ef this form le aRelher dee1:1mefl-f,- GAAAG-~ O~N OF ATTACHED DOCUMe-N+
fl. 1-Adividual
g Gefporate Gffieer
+ill$} +itl~e-eHl06tlr-AOAt
g PartAer(s) 8 Limited
g Geflefal Nume8-f-0Wa§es
g Attorney IA Fast
8 Trustee(s)
g GuardiaA/GonseM!teF Qate-af-G06llfFleHI
g otheF.

Signer is repmsenting:

Name Gf PeFsaA~ity~es-)
Si§ll9f(s-)-Gtl'lef-Toafl--Named--Aeave
NOTE: A copy of the Power of Attorney to local repFesentatives of the sanding company must ee attached l:lereto.

END OFPERFORMANCE BONDFORM
55452.01100\31090125.5
7--19--22 I 4G-22
:r

PAYMENT BOND
KNOW /\LL MEN BY THESE PRESENTS That
VVHERE/\S, the Gity of San Clemente (hereinafter designate • El ase1 th "G·t Y, •") sy action taken or a I • El 20 has avvardeEl to
reso ut1on passe ' hereinafter ElesignateEl as the "Principal," a contract for the •9 El as follows:
work Elescn e (the "Project"); anEl
WFl€REA s the "'Ork to 90 performeEl sy the Principal is more particularly set forth in the .. gon:raci ' ' ' f ~i, p • t Elates (hereinafter referreEl to as on rac Documents or e r0:1ec ' · t El herein sy referenee;. Documents"), the terms anEl ·conditions of 1 11hich are expressly Incorpora e ,
a-A-a
1111 EREAS said Principal is required to furnish a sonEl in connection 'Nit~ said Contract ~H '' '. ".d. that if said Principal or any of its Suscontractors shall fail to pay for any Docu':lents, P;,?•.1 !Ag " i ment or other supplies used in, upon, for or asout--#le ;ea~:::

I
:~:;
0 ;/:~~n,~,0~:~~~~!~·e:i~ :e do~e, or for any work or lasor done thereon of_anJ ~<in 9 d,
mounts due under the Unemployment Insurance Code or for any amounts require o e or for ~ed '"ithheld and paid over to the Employment Development Department from the wages :~~:ploy:~s of s~id Principal and its Suscontractors wit~ respect to such work or laser, the Surety on this send will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and . .
as Suretv are held and firmly sound unto the City In the penal sum of 1 ' DOLLARS and
) lawful money of the United States of /\!11erica, for the GENTS ($ • 11 d truly to 90 made ,.,0 sind ourselves, our heirs, executors, payment of "'h1ch sum we an · " t administrator·~. successors and assigns, jointly and severally, firmly sy these presen s.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said ~rincipal, his or its suscontractors, • s administrators, successors or assigns, shall fail to ~~y any of the perso~s named ~e~~·c~i:~c~;~0 'of the Gi-vil Code, foil to pay for any materials, prov1s1ons or other ~~.~pl~es, 1 u~ed
in h rf of the '"Ori< contracted to se done, or for any wor or a or in, upon, for or a~out t e pc ortm~nce :nde;-the Unemployment Insurance Code with respect to thereon of any kmd, or amoun s ue f , amounts requires to so work or lae?r performed ~
nd
~r t~ t;eo~~a~~ ::~tmDe:~:lo:~:~t ~7partment or Fnlnchise Tax :~~~=t::~v;~~h,:~g:::::~p~;;;es of the :oniractor and his suscontractors \ursu~=t t~ Se~:ion 48663 of the Re"enue and Taxation Code, with respect to such work ~nd :sor e /r: Y 0~ · · f th in an amount not exceeding the sum herrnn a eve spern 10 , an :1~~etii:s ~:~~p:iit ~: br::::~pon this send, all litigation expense? incurred by t~e -~i,ty ~~ s~ch suit,' including reasonable attorneys' fees, court costs, expert witness fees an IA" es 1ga ion expenses.

T-hIB-eond shall inure to the benefit of any of the per~ons ~ame_d in s,ecti_~: 91 O~tof t~~ 7~'f !I;:::
so as to give a right of action to such persons or their assigns In any suI roug up · -1-t is further stipulated and agreed that the Surety on this send shaU not be ex~nerated or re~:~?ed • • f h. 9 El 9
=~ , any change extension of time for pe ormance, a I ISR;- 0 8
n o!ll~a~~~c=ti~nl~n~~=~ rn\fnny contr;ct (including the Contract Documents), plans, 55452.01100\31090125.5
7-19-22 I 4G-23
::~0;;:::e:~, ::"'~~':::'soissioa or 8uempled rescissio A or attempted res~ssi oa ~ 4_he 1 ;•n~;::

Documents, agreement or bond, nor by any conditions ~reced~nt or su s:,quen IA e, such attemnting to limit the right of recovery of claimants otherwise entitled to reco.er undt:r at~Y n the ,., th b d ey any fraud 13racticed ey any 13erson o HOF 1 ,a cla1ma ttof hit claim and that Surety does hereby waive notice of any such change, extension of amoun t . r El time, addition, alteration or modification herem men Ione . 0 El ·t • sly unElerstooEi acknowleEigeEl anEl Notv.iithstanding any ot~er f3FOVision of thist~on ' I I~ e~p~:SGalifo~niaCt\4I Code s~·ctions 9550 a reeEl that it shall provide all of the protec ions requ!re J . , . th~ough 9566, incluEling the specific coverage 13rotect1ons requ1reEi ey Section 9554.

IN ""ITNESS WHEREOF, two (2) identical counterparts of this instrument, eac~ of_ which ;~all f~:
all ~~rposes ee Eleemed an original ~hereof, have seen duly executed ~~ the Pnnc~::I ::me u~~~ :::~.i:ra:~eea~•0 ;:a!:ecorporate dpa:rt:~eing h?reto ?ffixe~ an~ these ~resents duly signed ey its undersigned representative pursuant to authority of its go,.ernIng eody.

CONTR/\CTOR/PRI NC I PAL
(Corporate Seal of Contractor/
Principal, if a Cor13oration)
SURETY
(Seal of Surety)
55452.01100\31090125.5
Name of Contractor/Principal (Type or Print)
Name (Signature)
Name (Type or Print)
Title (Ty13e or Print)
Name of Surety (Ty13e or Print)
Attorney In Fact
7-19-22 / 4G-24
Notary Ackno\vledgment
I A nolary ~,blis or ol•er ollioer"""'f'lelina lais oertifisale I verifies only lae idenlily of 1•e indi111<Wal w•o signed ••• document to which this certificate is attached,---and not the truthfulness, accuracy, or validity of that-eoctlffieAl S-T/\TE OF CALIFORNIA
GQ.Y.NTY OF
On
appeared
20 , before me, , Notary Public, personally
, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PEN/\LTY OF PERJURY under the laws of the State of California that the foregoing paragraph fs true and correct.

WITNESS my hand and official seal.

Si§flaiHfe-ef..Nolar~blie

OPTIONAL
+R-OIJft/H-lt(HRformatioR be/ow is Rot required4y !aw, it maHfov-e va!uable to f)ersoRs re/j'iRg on-t-Re-deG-Ufftem a-ml-eOtlifi-pi:event fraudu-leRt removal and reatta-~t of this form to aRothe~

CAPACITY CLAIMED BY SIGNER
g Individual
g Geff:iorate Officer
+ill$)
8 himited
8 General
g Attorney In Fact
g Trustee(s)
g Guardian/Conservator
g OO=\€-F.-
Signer is representing-:-
Name Of Person(Sj--GF-effiityfies,)

DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of 0oG\Jffieru
Numa~es
Qate..ef..Oaeooieflt
Signert-,t-Gtller-=f-llafl-Named-Aaave
NOTE: A copy of the Power of /\ttorney to local representatives of the bonding company must be attached hereto.

END OF PAYMENT BOND FORM
55452 01100131090125.5
7-19-22 I 4G-25
~

COMPENSATION
Contractor and 3 sha~ f ~?v1:e a Pe:n~r~::::ted by a surety meeting the qualifications described in .2.12.2 o Is , ,greem , Bond and Payment Bond pursuant to Sections 3.2.12.1
Section 3.2.12.4.
• t t s f 3 1 2 tl=le rates set fortl=l above
In the event that this A~ree~ent
1 ~ ;::~:~~=~i=~a~ r:ne!~_o:ut;~y,ino;ase sl=lall not exceed may be increased or re uce eac ' h II h · c /I
tl=leConsumer Price Index, All Urban Consumers, Los Angeles Long Beac , ,na e1m, n. 55452.01100\31090125.5
7-19-22 I 4G-26
EXHIBIT "F"

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)
r 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 __________________ _
I certify that, in the performance of the work under this Agreement, 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.
55452.01100131090125.5
7-19-22 I 4G-27
Dated: ______ _ ___ , 20 _ _
Consultant
By:

Title
Address
55452.01100\31090125.5
7-19-22 I 4G-28
7-19-22 / 4H
ORDINANCE NO. 1731

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE AMENDING CHAPTER 13.12 SECTION 13.12.010-13.12.110 OF THE MUNICIPAL CODE ("WATER CONSERVATION ORDINANCE")
WHEREAS, California, including Orange County, experienced significant dry year conditions in 2012-2017, which led local water agencies to declare water shortage conditions that triggered drought actions; and
WHEREAS, the City of San Clemente ("City") experienced a direct impact on the reliability of its water supplies, which were proactively increased though demand management measures that curtailed customer water use. These actions were specified 1n the adopted 2015 Urban Water Management Plan, Water Shortage Contingency Plan chapter, and were provided the legal authority for implementation and enforcement through the City's Water Conservation Ordinance; and WHEREAS, following the end of the drought in 2018, the California Legislature modified the Urban Water Management Planning Act to include additional water shortage planning requirements. The California Water Code, specifically Section 10632, has undergone significant updates that now mandate new elements to the previously required Urban Water Management and Water Shortage Contingency Plans, including an annual drought risk assessment, the equivalent of Six Standard Water Shortage Levels, and statewide water use prohibitions; and
WHEREAS, the Municipal Water District of Orange County (MWDOC) has adopted a 2020 Urban Water Management Plan that includes water conservation as a necessary and effective component of MWDOC's programs to provide a reliable supply of water to meet the needs of MWDOC's 28 member agencies, including the City of San Clemente.

MWDOC's Urban Water Management Plan also includes a chapter of analysis of contingency actions to be taken in response to water supply shortages. The intention of the City's Water Conservation Ordinance is to be consistent with its wholesaler MWDOC's Urban Water Management Plan and Water Shortage Contingency Plan; and WHEREAS, the imported water supplies to the City and to MWDOC are subject to the Water Shortage Allocations determined by the Metropolitan Water District of Southern California (Metropolitan). Subsequently, when triggered, MWDOC, as a wholesaler of Metropolitan's supplies, will be required to curtail deliveries of imported water based on MWDOC's Water Supply Allocation Plan, which is expected to be activated in the future when regional water supplies are in a state of shortage; and WHEREAS, both MWDOC and the City are required to prepare Annual Water Supply and Demand Assessment and Drought Risk Assessment Procedures as part of their 7-1 9-22 / 4H-1
Urban Water Management Plan for submission to the California Department of Water Resources. By July 1st of each year, beginning in 2022, MWDOC and the City are required to monitor and report on water supply status and any anticipated shortage, including but not limited to a drought emergency, in order to comply with the State's Water Code 10632.1 reporting requirements; and
WHEREAS, the City adopted a Water Shortage Contingency Plan in June 2021 to establish standards and procedures to enable implementation and enforcement of local water shortage contingency measures. This includes five water shortage levels listed in a crosswalk table relating them to the required Six Standard Water Shortage Levels.

These measures align with the State of California, Water Code Section 353, which specifies that "when the governing body has so determined and declared the existence of an emergency condition of water shortage within its service area, it shall thereupon adopt such regulations and restrictions on the delivery of water and the consumption within said area of water supplied for public use as will in the sound discretion of such governing body conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire protection." The State of California also authorizes the City of San Clemente to adopt and enforce a Water Conservation Program to mitigate demands in Water Code Section 375.

NOW, THEREFORE, the CITY COUNCIL of THE CITY OF SAN CLEMENTE hereby ordains as follows:

Section 1. That Chapter 13.12 of the Municipal Code, which may also be cited as the Water Conservation Ordinance, is hereby repealed in its entirety and replaced with the following Chapter 13.12 to read as follows:

Section 2. Declaration of Purpose and Intent
This ordinance establishes water management requirements necessary to conserve water, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, prevent unreasonable use of water, prevent unreasonable methods of use of water within the City of San Clemente in order to assure adequate supplies of water to meet the needs of the public, and further the public health, safety, and welfare, recognizing that water is a scarce natural resource that requires careful management not only in times of drought, but at all times.

A This ordinance establishes, as a measure to protect the reliability of water supplies and prevent future water shortages or emergencies, permanent prohibitions on water uses that are deemed to be wasteful.

B. This ordinance establishes regulations to be implemented during times of declared water shortages or declared water shortage emergencies.

C. This ordinance establishes five Water Shortage Levels with a crosswalk to the Six Standard Water Shortage Levels to provide defined response actions for implementation during periods of declared water shortage or declared water shortage emergency, with increasing restrictions on water use in response to 7-19-22 I 4H-2
worsening drought or emergency conditions and decreasing supplies as defined within the City's most recently adopted Water Shortage Contingency Plan.

Section 3. Definitions

1. "Billing Cycle" shall mean the billing period in which a customer's water use is measured for purposes of calculating the amount of the water service charges that shall be collected for that period.

2. "City Manager" means the chief administrator of the City of San Clemente, as appointed by the City Council.

3. "City" shall mean the municipality of the City of San Clemente, California.

4. "Customer" means water customer or water user.

5. "Ecological Restoration Project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

6. "Effective Date" shall mean the date of adoption of this chapter, or of any specific water shortage response action, as provided by Water Code Section 376.

7. "Incidental Runoff" shall mean a minimal amount of irrigation water that escapes the area of intended use. This may include minor windblown overspray or mist extending onto sidewalks within a park or minimal runoff from watering trees.

Water leaving an intended use area is not incidental if it is part of the facility or system design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.

8. "Irrigation Customer" shall mean a person who, according to the City's records, receives water service and has a dedicated irrigation meter for outdoor irrigation of landscaping.

9. "Irrigation System" means a system whose primary purpose is the application of water to landscapes through valves, pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system. A single garden hose with a shutoff valve or spray nozzle is not considered an irrigation system.
1 O. "Metropolitan" means the Metropolitan Water District of Southern California, which is the wholesale urban water supplier of imported water to Municipal Water District of Orange County.

11. "Multi-Family Residential Customer" shall mean a person, according to the City's records, receives water service to a multi-family residence that is individually metered or master-metered.

12. "Municipal Water District of Orange County" (MWDOC) means the regional wholesale urban water supplier of imported water to Orange County.

13. "Permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscape.

14. "Person" shall mean any natural person, corporation, partnership, government entity or subdivision, trust, estate, cooperative association, joint venture, business 7-19-22 / 4H-3
entity, or other similar entity, or the agent, employee or representative of any of the above.

15. "Potable Water" means water which is suitable for drinking.

16. "Recycled Water" means wastewater treated to a quality suitable for non-potable uses, such as landscape irrigation and decorative water features, and not intended for human consumption.

17. "Residential Customers" shall mean single family and multi-family residential customers.

18. "Service Area" shall mean the area within the boundaries of the system owned by the City of San Clemente that directly provides water to its service connections.

19. "Service Connection" means the pipe or tubing, fittings, and valves necessary to conduct water from the distribution main to and through the meter.

20. "Single-Pass Cooling Systems" means equipment where water is circulated only once to cool equipment before being disposed.

21. "Single Family Residential Customer" shall mean a person who, according to the City's records, has water delivered to a single-family residence.

22. "Special Landscape Area" means an area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens, areas irrigated with recycled water, water features using recycled water, and recreational areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface.

23. "Stormwater Drainage System" shall mean street gutter, channel, storm drain, constructed drain, lined diversion structure, wash area, inlet, outlet, or other facility which is a part of or tributary to the county-wide stormwater runoff system and owned, operated, maintained, or controlled by County of Orange, the Orange County Flood Control District, or any co-permittee including the City of San Clemente, and used for the purpose of collecting, storing, transporting, or disposing of stormwater.

24. "Turf' means a groundcover surface of mowed grass, including cool-season grasses, such as annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue; and warm-season grasses, such as Bermuda grass, Kikuyu grass, seashore paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass.

25. "Utilities Director" means the chief administrator of the Utilities Department of the City of San Clemente.

26. "Valve" means a device used to control the flow of water on a garden hose or in an irrigation system.

27. "Water Customer" means the person in whose name service is rendered as evidenced by the signature on the application, contract or agreement for that service, or in the absence of a signed instrument, by the receipt and payment of bills regularly issued in his/her name, regardless of the identity of the actual user of the service.
7-19-22 I 4H-4

28. "Water Feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, water slides and swimming pools where water is artificially supplied.

29. "Water Shortage Contingency Plan" or "WSCP" refers to the version of the plan of this name most recently adopted by the City of San Clemente for managing water supplies and demand during times of anticipated water supply shortages or water shortage emergencies.

30. "Water Shortage Emergency," also referred to outside of this ordinance as a drought emergency, shall mean a condition existing within the City in which the ordinary water demands and requirements of persons within the City's service area cannot be satisfied without depleting the water supply of the City to the extent that there would be insufficient water for human consumption, sanitation, and fire protection. A water shortage emergency includes both an immediate emergency, in which the City is unable to meet current water needs of persons within the City's service area, as well as a threatened water shortage, in which the City determines that its supply cannot meet an increased future demand.

31. "Water Shortage Response Actions" means the appropriate suite of demand reduction, supply augmentation, and/or operational changes to be implemented by the City Staff at the direction of the City Council in response to a water supply shortage of any of the six designated levels of severity.

32. "Water Supply Shortage" means any decline in water supply reliability due to drought conditions or other supply challenges that at a minimum requires voluntary or mandatory conservation measures in order to maintain water availability for human consumption, sanitation, and fire protection.

33. "Water User" means any user of water in the City's service area or water supplied by the City's service area, including but not limited to a water customer.

Section 4. Applications
A. The provisions of this Water Conservation Ordinance apply to any customer, person, and property using water provided by the City of San Clemente.

B. The provisions of this Water Conservation Ordinance do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire, and other similar emergency services, nor to the installation or maintenance of Ecological Restoration Projects.

C. The provisions of this Water Conservation Ordinance do not apply to the use of Recycled Water, nor to the irrigation of other Special Landscape Areas.

D. This chapter is intended solely to further the conservation of water. It is not intended to implement any provision of federal, State, or local statutes, ordinances, or regulations relating to protection of water quality or control of drainage or runoff.
7-19-22 I 4H-5
Section 5. Procedures for Determination of Water Supply Shortage and Level Implementation
A. Under Water Code Section 10632.1, the City of San Clemente is required to submit an annual water supply and demand assessment report to the California Department of Water Resources by July 1 of each year. Thus, the City of San Clemente will follow the written decision-making process defined in its WSCP to assess water supply reliability on an annual basis.

B. City staff will determine if a water shortage exists or is imminent by comparing the results of the annual assessment to the criteria for the water shortage levels defined in the WSCP.

C. In the event a water shortage is identified according to the procedures and conditions defined in the adopted WSCP, upon recommendation by staff and pursuant to resolution, the City Council will declare a shortage of the appropriate level.

D. The public will be informed of the shortage according to the Procedures and Protocols for Communication identified in Section 6 of this Ordinance.

E. Sudden catastrophic water supply shortage. When the Utilities Director determines that a sudden event significantly has diminished, or threatens to diminish, the reliability or quality of the City's water supply, the Utilities Director may advise the City Manager to declare a catastrophic water supply shortage and impose whatever emergency water allocation or conservation actions deemed necessary, in the Utilities Director's professional judgment, to protect the reliability and quality of the City's water supply, until the emergency passes or the City Council takes other action.

Section 6. Procedures and Protocols for Communication
Upon declaration of a Water Shortage, the City of San Clemente will inform all relevant stakeholders, such as customers, the public, the media, interested parties, and local, regional, and state governments, of the effective date of the water shortage response actions associated with the relevant water shortage level according to the communication procedures identified in the City's WSCP, including but not limited to the appropriate use of one or more of the following: social media posts, press releases, water bill messaging, and traffic sign boards. Specifically, messaging shall include:

A. Any current or predicted shortages as determined by the annual water supply and demand assessment.

8. Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment.

C. Links and references to resources to help customers comply with the shortage response actions.

Section 7. Permanent Water Conservation Requirements - Prohibition Against Waste
7-19-22 I 4H-6
The following water conservation requirements are intended to protect the City's water supplies year-round and are effective at all times, and violations of this section will be considered waste and an unreasonable use of water:

A Washing down sidewalks, walkways, driveways, parking areas or other paved surfaces, except as is required to dispose of dangerous liquids or alleviate safety or sanitary hazards, and then only by use of a hand-held bucket, pressure washer or hand-held hose equipped with a positive self-closing water shut-off device, is prohibited. All washing down of impervious surfaces must comply with the City's Stormwater Runoff Control Ordinance and shall be prevented from discharging into the stormwater drainage system. Routine cleaning of sidewalks and driveways shall be performed by other means, such as by using a broom.

B. Washing equipment or machinery, or cleaning the exterior of any building or structure with water, is prohibited unless performed with a hose equipped with an automatic shutoff nozzle. All washwater from such activities must be prevented from discharging into the stormwater drainage system.

C. Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, is prohibited, except by use of a handheld bucket or hand-held hose equipped with a positive self-closing device or water shut-off nozzle. This prohibition does not apply to any commercial car washing facility; however, commercial conveyor car wash systems must have installed operational re-circulating water systems, or must have secured a waiver of this requirement from the City.

D. The use of water to clean, fill or maintain levels in decorative fountains, ponds, lakes or other similar aesthetic water features, unless such water is part of a recirculating system, is prohibited. The only exception may be an aesthetic water feature currently listed in the National Register of Historic Places, where water use is deemed necessary to maintain integrity of the feature. Swimming pools and spas, and other water features designed for active recreational use, are also exempt from this year-round restriction.

E. No person shall empty and refill a swimming pool or spa except to prevent or repair structural damage or to comply with public health regulations. All pools and spas shall be equipped with a water recirculation device. The use of a pool/spa cover is encouraged to prevent evaporative water loss.

F. The use of water to irrigate outdoor landscapes during or within forty-eight (48) hours following measurable rainfall, defined as ¼ inch or greater in the vicinity according to the National Weather Service, or the nearest California Irrigation Management Information System (CIMIS) station, is prohibited.

G. The irrigation with potable water of ornamental, nonfunctional, turf on public street medians is prohibited, except where the turf is irrigated incidentally by an irrigation system, the primary purpose of which is the irrigation of trees.

H. The use of potable water for street cleaning or compacting or dust control purposes in construction activities is prohibited where there is a reasonably available source of recycled or other non-potable water approved by the 7-19-22/4H-7
California State Department of Health Services and appropriate for such use. In ( the case of construction activities, this condition must be identified and specified on drawings submitted to the City for review.

I. The irrigation with potable water of landscapes outside of newly constructed homes and buildings, in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development, is prohibited.

J. Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows more than Incidental Runoff from the property, onto an adjoining sidewalk, driveway, street, gutter or ditch is prohibited.

K. Watering of landscapes, lawns, or other turf areas between the hours of 8:00 a.m. and 5:00 p.m. is prohibited, with the exception of the use of:
a. Hand-held watering cans, buckets, or similar containers reasonably used to convey water for irrigation purposes.
b. Drip irrigation systems, bubblers, or soakers.
c. A hand-held garden hose equipped with a fully functioning , positive selfclosing water shut-off nozzle or similar device. d. Irrigation system operation for the express purpose of inspecting, adjusting, or repairing the system.

L. Homeowners' Associations. To prevent the waste and unreasonable use of water and to promote water conservation, a·ny homeowners' association or community service organization or similar entity is prohibited from:
a. Imposing or threatening to impose a fine, assessment, or other monetary penalty against any owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during a declared water shortage emergency, or
b. Requiring an owner of a separate interest upon which water-efficient landscaping measures have been installed in response to a declared water shortage emergency, to reverse or remove the water-efficient landscaping measures upon the conclusion of the emergency.

M. All leaks, breaks, or other malfunctions in the water user's plumbing, irrigation or privately owned distribution system must be repaired within five (5) calendar days of notification by the City, unless other arrangements are made with the City. In the case of excessive and continuous water waste that clearly demonstrates a threat to human health, safety, or property, the City reserves the right to terminate water service at the meter until the repair is made.

N. Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language.

O. Food preparation establishments such as restaurants or cafes are prohibited from using non-water conserving pre-rinse spray valves in their dishwashing stations. 7-19-22 / 4H-8
P. No restaurant, hotel, cafe, cafeteria or other public place where food is sold, served or offered for sale shall serve drinking water to any customer unless expressly requested.

Q. Installation of single-pass cooling systems is prohibited in buildings requesting new water service or being remodeled.

R. Indiscriminate Use. No person shall cause or permit the indiscriminate running of water not otherwise prohibited above which is wasteful and without reasonable purpose.

Section 8. Correlation between City of San Clemente Water Supply Shortage Levels and DWR Water Supply Shortage Levels.

A. Metropolitan's and MWDOC's Water Shortage Contingency Plan follows the State's six standard water shortage levels corresponding to progressive ranges of up to 10, 20, 30, 40 and 50 percent shortages and greater than 50 percent shortage [Water Code Section 10632 (a)(3)(A)].

B. The City of San Clemente's water shortage levels are also aligned with the State's water shortage levels and as with those defined in the MWDOC WSCP, and therefore comply with Water Code Section 10632 (a)(3) as identified above.

Section 9. Levels of Declared Water Supply Shortage
The City Council, by ordinance or resolution, is authorized to require or impose reductions in the use of water if such reductions are necessary to comply with Water Supply Shortage conditions as defined in the City of San Clemente Water Shortage Contingency Plan (WSCP) or to comply with water use restrictions imposed by federal, state, or regional water agencies or to respond to emergency water supply shortage conditions and water shortage emergencies. Depending on the expected duration and severity of the water shortage or water shortage emergency, these measures may include, but are not limited to, some or all of the actions listed in Chapter 4 of the WSCP for the following five levels of water shortage, which shall take effect upon declaration by resolution of the City Council. In the event of a breakage or failure of a dam, pump, pipe line or conduit causing an immediate emergency, the City Manager or his/her designee may make the declaration, which will be ratified by the City Council at a subsequent meeting.

City of San Clemente 2020 Water Shortage
Contingency Plan Water Shortage Level
1 - Water Watch
Percent Shortage Range
Up to 10%
7-19-22 I 4H-9
2 - Water Alert Up to 20%
3 - Water Warning Up to 30%
Upto 40%
4 - Water Shortage
Up to 50%
5 - Water Emergency >50%
The current shortage response actions that align with each Level of Water Supply Shortage are defined in the 2020 WSCP, which is subject to updates and re-adoption in the future. The current WSCP includes the following:

A. Locally appropriate supply augmentation actions.

B. Locally appropriate demand reduction actions to adequately respond to shortages, as detailed below.

Water Percent City of San Clemente 2020 Water Shortage Contingency Plan Shortage Shortage
Level Range Potential Demand Reduction Actions
Shortage response will focus on existing permanent water waste 1 -Water Upto prohibitions, in addition to public outreach for voluntary Watch 10% conservation and the potential implementation of the first phase of demand manaoement rates.

Shortage response will focus on increased utilization of staff time 2-Water Up to for water waste patrols, restrictions on potable irrigation Alert 20% frequency, and the potential implementation of the second phase of demand manaoement rates.

Shortage response will focus on the prohibition of the use of 3-Water Upto water to wash down surfaces, restrictions on potable irrigation Warning 30% frequency, and the potential implementation of the third phase of demand manaqement rates.

Upto Shortage response will focus on the prohibition of washing cars outside of commercial facilities that recycle wash water, the 40% prohibition of irrigation in the winter months, and restrictions on 4-Water potable irrigation of non-functional spaces.

Shortage Upto Shortage response will focus on restrictions on potable irrigation of non-functional spaces and the suspension of potable water 50% use in construction projects.
7-19-22 / 4H-10
(
5 -Water
Emergency >50% Shortage response will focus on the prohibition refilling pools and spas and the prohibition of all use of potable water in irrigation.

C. Locally appropriate operational changes.

D. Additional, mandatory prohibitions against specific water use practices that are in addition to state-mandated prohibitions and appropriate to the local conditions.

E. For each action, an estimate of the extent to which the gap between supplies and demand will be reduced by implementation of the action.

F. Each elevated shortage level will include the elements of the previous shortage level(s), including the mandatory restrictions on water waste detailed in Section

8.4.4 of the WSCP, with each elevated shortage level intended to be more restrictive than the previous level(s).

G. As deemed necessary, an allocation of water supply under a water supply emergency condition beyond WSCP defined actions may be implemented.

Section 10. Hardship Waiver
A. If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property of classes of water users, then the person may apply for a waiver to the requirements as provided in this section.

B. Application: Application for a waiver must be on a form prescribed by the City and accompanied by a non-refundable processing fee in an amount set by City Council resolution, and must be accompanied by photographs, maps, drawings, and other information, including a written statement by the applicant.

C. Required Findings for Waiver: An application for a waiver will be denied unless the Utilities Director or his/her designee finds, based on the information provided in the application supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the City of San Clemente, all of the following:

1. That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses;

2. That because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property of use that exceeds the impacts to residents and businesses generally;

3. That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the City of San Clemente to effectuate the purpose of this chapter and will not be detrimental to the public interest; and
7-1 9-22 I 4H-11

4. That the condition or situation of the subject property of the intended use of the property for which the waiver is sought is not common, recurrent or general in nature.

D. Approval Authority: The City Manager or designee must act upon any completed application no later than ten (10) days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver must be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver will apply to the subject property during the period of the mandatory water supply shortage condition. The decision of the City Manager or designee will be final.

Section 11. Penalties, Violations, and Enforcement
Penalties. It shall be unlawful for any water customer of the City of San Clemente to fail to comply with any of the provisions of this chapter. The penalties set forth in this section shall be additional to those penalties provided in any other section of this code.

The penalties for failure to comply with any of the prohibited use provisions of this chapter shall be as follows:

A. First Violation: The City Manager or his/her authorized designee will issue a written warning or "Notice of Noncompliance," including the time, date, place, and general description of the violation, as well as the means and date by which to correct the violation and possible consequences of failing to correct the violation.

In addition to educational materials pertaining to the nature of the violation, a hard copy of or link to this ordinance will be attached to the Notice and delivered by certified mail, regular mail, and/or posting (i.e., door hanger) to the party who is billed for the water, or to the property owner, as appropriate.

B. Subsequent Violations: An additional "Notice of Noncompliance" as described above will be delivered by certified and regular mail to the party who is billed for the water, or to the property owner, as appropriate. A second, third, fourth, or additional violation within the preceding twelve (12) calendar months may incur an administrative fine consistent with Chapter 1.20.070 of the City's Municipal Code.
c. Separate Offenses. Each day that a violation of this ordinance occurs is a separate offense.

D. Termination of Service. In addition to any fines, the City of San Clemente may disconnect and/or terminate a customer's water service for a willful violation of mandatory restrictions in this Conservation Ordinance. The customer will be responsible for payment of the current City charges for disconnecting and when applicable, reconnecting water service. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.

Administrative Hearings. A customer may appeal the Notice of Violation by filing a written notice of appeal with the City Clerk of the City of San Clemente consistent with 7-19-22 / 4H-12
the requirements and proceedings described in Chapter 1.20.080 of the City's municipal code.

A Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the City of San Clemente may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water shortage level.

Section 12. Procedures for Monitoring Compliance and Reporting to the State In order to address state reporting requirements and to ensure customer compliance, the City of San Clemente will document all outreach for voluntary conservation efforts as well as enforcement for violations in its Computerized Maintenance Management System, in order to collect, track, and analyze relevant data per the procedures defined in the WSCP.

Section 13. Reevaluation and Improvement Process of Water Shortage Procedures
To ensure water shortage risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented as needed, the WSCP will be reviewed and evaluated as defined by the procedures identified in the WSCP. The WSCP will be updated every 5 years when the corresponding Urban Water Management Plan is updated, but the WSCP may be updated more frequently as well, if necessary to maintain effective water shortage responses.

Section 14. Other Provisions
A. Limits on Building Permits: the City of San Clemente, through resolution by the City Council, may limit or withhold the issuance of building permits which require new or expanded water service, except to protect the public health, safety and welfare, or in cases which meet the City of San Clemente's adopted conservation offset requirements.

B. The City of San Clemente may provide water efficiency devices either directly or through supported programs. Such devices should remain within the City's service area at all times. Devices provided by the City should be used with the intent to conserve water and not be modified in any way or sold.

C. In order to aid in enforcement, the City of San Clemente may establish, or use an existing 24-hour phone line as, a water-waste reporting hotline for residents to call in violations of this chapter, and may also utilize any submissions to an online customer service request portal for the same purpose.

D. The City of San Clemente may opt to address a sudden decrease in water supplies and/or increase in demand by temporarily discontinuing service for one, several, or all of its irrigation customers, regardless of the current water supply shortage level and corresponding response actions to protect health and safety of the public. In this case, the City will provide as much advance notice as 7-19-22 I 4H-13
possible to the customer before turning water off, as well as back on, at the ( meter, but the City shall not be liable for any damages to irrigation equipment due to irrigation system pressure fluctuations resulting from any such moratorium on water service. The City encourages all irrigation customers to equip their systems with appropriate pressure reducing valves.

Section 15. Exemption from California Environmental Quality Act.

The City of San Clemente finds that this chapter and actions taken hereafter pursuant to this chapter are exempt from the provisions of the California Environmental Quality Act of 1970 as specific actions necessary to prevent or mitigate an emergency pursuant to Section 15307 of the CEQA Guidelines.

Section 16. Severability
If any section, subsection, sentence, clause, or phrase in this of this chapter, or the application thereof to any person or circumstances, is for any reason held invalid by a court of competent jurisdiction, the validity of the remainder of the chapter or the application of such provision to other persons or circumstances shall not be affected.

The City Council hereby declares that it would have passed this this Conservation Program and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subjections, sentences, clauses, or phrases is declared invalid.

Section 17. Certification
The City Clerk shall certify to the passage of this ordinance and cause the same to be published as required by law, and the same shall take effect as provided by law. 7-19-22 I 4H-14
APPROVED AND ADOPTED this __ ._day of __________ _
ATTEST:

City Clerk of the City of
San Clemente, California
Mayor of the City of San
Clemente, California
7-19-22 I 4H-15

STATE OF CALIFORNIA

COUNTY OF ORANGE

CITY OF SAN CLEMENTE
) ss.
)
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1731 having been regularly introduced at the meeting of June 7, 2022 was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the __ day of _ _________ , and said ordinance was adopted 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
CITY CLERK of the City of
San Clemente, California
7-19-22 I 4H-16
(
ORDINANCE NO. 1732

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, ADDING CHAPTER 10.54
TO TITLE 10 (VEHICLES AND TRAFFIC) OF THE SAN

CLEMENTE MUNICIPAL CODE RELATING TO THE

PROHIBITION ON REPAIRS, SALES, AND STORAGE OF

BICYCLES AND BICYCLE PARTS ON PUBLIC PROPERTY

AND FINDING THE ORDINANCE NOT SUBJECT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
7-19-22 / 41
WHEREAS, the City of San Clemente, California ("City'') is a municipal corporation, duly organized under the constitution and laws of the State d California; and WHEREAS, the City encourages the use of bicycles in daily transportation for commuting and recreational purposes; and
WHEREAS, reported bicycle thefts in the City between January and May of 2022 were 27, and statistics show the number of actual thefts is likely much greater; and WHEREAS, many of these stolen bicycles are also dismantled in public areas ("bike chop shops") and sold within days of being stolen, and, thus, there is a narrow window for bicycles to be recovered while they are being taken apart in public spaces before being sold; and
WHEREAS, such open-air "bike chop shops" have been observed in the City, but confronting the illegal activities this practice supports is difficult due to the lack of ready proof that a particular bicycle or bicycle part has been stolen; and WHEREAS, this Ordinance seeks to limit or reduce illegal bicycle chop shop activity by prohibiting such activity and allowing for the removal of bicycles and/or bicycle parts from the public right-of-way and public p roperty will help clear the public right-ofway and public property, prevent unauthorized commercial activity in these areas, and, if any items are lost or stolen, restore such items to their lawful owners and deter future bicycle theft; and
WHEREAS, in light of t he foregoing, on May 3, 2022, the City Council requested the City Attorney to draft an ordinance to prohibit the assembly, disassembly, sale, offer of sale, distribution, or offer of distribution of bicycles and bicycle parts on public property or in the public right-of"way, under certain conditions and with certain exceptions; WHEREAS, in accordance with the City Council's directive, the City Attorney's Office prepared this ordinance (the "Ordinance") in coordination with City staff and with input frnm the Orange County Sheriff's Department; and
WHEREAS, a\\ legal prerequisites to the adoption of this Ordinance have occurred. 55452.01100110050810.3
7-19-22 I 41-1
I
. I
NOW, THEREFORE, the City Council of the City of San Clemente does ordain as follows:

Section 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated as findings as if fully set forth herein.

Section 2. CEQA. The City Council finds that this Ordinance is not a "project" subject to the California Environmental Quality Act (CEQA). The Ordinance does not qualify as a project because it has no potential to result in either a direct, or reasonably foreseeable Indirect, physical change in the environment. (State CEQA Guidelines, § 15378, subd. (a).) The language merely prohibits, absent an applicable exception, the repair, sale, or storage on public property of certain bicycles, certain numbers of bicycles, and rertaln bicycle parts, as well as the falsification of any information in any documentation, proof, or other supporting evidence intended to show valid proof of ownership or possession of a bicycle(s) or bicycle part(s). In the alternative, the City Council finds that the O rdinance falls within the "common sense" exemption set forth in State CEQA Guidelines section 15061, subdivision (b)(3), which exempts activity from CEQA where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Here, it can be seen with certainty that there Is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance simply prohibits the repair, sale, or storage on public property of certain bicycles, numbers of bicycles, and bicycle part(s); the Ordinance will not result in any development or in any new activity with the potential to impact the environment.

Section 3. Code Amendment. Chapter 10.54 is hereby added to the San Clemente Municipal Code and shall read in its entirety as follows:
"Chapter 10.54 - Repairs, Sales, and Storage of Bicycles on Public Property Prohibited

10.54,010 - Repairs, sales, and storage on public property prohibited.

Subject to Section 10.54.020 (Exceptions), no person shall repair, assemble, disassemble, sell,offerto sell, rent, offer to rent, distribute, offer to distribute, or store the following items on any public street, sidewalk, alley, public passageway, public right-of-way, public beach, public park, or any other property owned, operated or managed by the City of San Clemente:

A. A bicycle frame with the gear cables or bral<e cables cut; B. Three or more bicycles and/or bicycle frames, with or without missing parts (the term "parts" shall mean handles,
handlebars, wheels, forks, pedals, cranks, seats, or chains); or
C. Five or more bicycle parts that are not attached to a bicycle. 55452.01 IOOl-l00508 IOJ
7-19-22 I 41-2

10.54.020 - Exceptions.

The prohibitions set forth in Section 10.54.010 shall not apply to any of the following:

A. Activities performed in accordance with a valid license or pennit issued by the City of San Clemente.

8. The owner or another individual in lawful possession of a bicycle or bicycle part(s) who is present during the repair of his or her single bicycle or bicycle part, with valid
documentation, proof, or supporting evidence to verify that he or she is in lawful possession of the bicycle or bicycle part(s).

Supporting evidence for a claim of lawful ownership or
possession may include, but is not limited to:

1. Bill of sale from the original owner with the signature of the original owner, as well as the name, address, and
telephone number of the original owner.

2. Rental agreement or receipt.

3. Video or photographic evidence demonstrating
ownership.

4. Whether the bicycle or any bicycle parts retain their original serial number (as opposed to being filed off, for example).

5. Bicycle registration bearing the name and address of the individual claiming to be the owner or lawful
possessor of the bicycle.

6. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the
bicycle or bicycle parts.

7. Credible testimony or facts and circumstances that
would objective indicate that the individual is the lawful owner or possessor of the bicycle or bicycle parts.

10.54.030 - Falsification of records prohibited.

It is unlawful for any person to knowingly falsify or cause to be falsified any information in any documentation, proof, or other supporting evidence intended to show valid proof of ownership or possession of a bicycle or bicycle part(s).

S 5452.011 OO•A00508 I 0.3
7-19-22 / 41-3

10.54.040 - Violations.

A. Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the San Clemente
Municipal Code. Each and every bicycle or bicycle part(s) unlawfully possessed is a separate violation of this chapter.

B. It is unlawful and a misdemeanor subject to punishment in accordance with Chapter 1.10 of Title 1 of this Code, for any person to violate any provision of this chapter.

C. The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law.

10.54.050 - Severability.

If any section, subsection, sentence, clause, phrase, or word of this Chapter

10.54, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality, or unenforceability."
Section 4. Publication. The City Clerk shall certify to the adoption of this ordinance by the City Council and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code, section 36933.

Section 5. Records. The documents and materials associated with this ordinance that constitute the record of proceedings on which the City Council's findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.

Section 6. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable.

The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.

Section 7. Effective Date. This Ordinance shall become effective 30 days after its adoption.
55452.0 I JCO\l00508 IO.J
tJ
7-19-22 I 41-4
(
APPROVED AND ADOPTED this __ day of ______ , 2022.

ATTEST:

City Clerk of the City of
San Clemente, California
55452.01 JOO\qQ SOB I OJ
Mayor of the Crty of San
Clemente, California
7-19-22 I 41-5

STATE OF CALIFORNIA
COUNTY OF ORANGE ss.

CITY OF SAN CLEMENTE
I, JOANNE BAADE, City Clerk of the City of San Clemente, Californi a, hereby certify that Ordinance No. 1732 having been regularly introduced at the meeting of June 7, 2022, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted ata regular meeting of the City Council held on the _ _ day of __ , 2022, and said ordinance was adopted 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 _____ , 2022.

APPROVED AS TO FORM:

CITY ATTORNEY
55•152.011001•100508 10.3
CITY CLERK of the City of
San Clemente, California
7-19-22 / 41-6
!::: :... '• ~ u ; .S.:'.c('T)
C',ql~;;v._¥-''91-
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: July 19, 2022
Public Works/ Engineering Division
Amir K. llkhanipour, Senior Civil Engineer
Agenda Item 40
Approvals:

City Manager _4?:S__,_,___
Dept. Head 1ft---:

Attorney GJ
Finance ..JR
CONSTRUCTION CONTRACT AWARD TO 3S!XTY /NNOVA TION, /NC. FOR THE STORM DRAIN IMPROVEMENTS AT 1601 CALLE LAS BOLAS, PROJECT No. 10015 Fiscal Impact: Yes. The estimated total construction cost of $653,460 is within the approved project budget of $1,109,247 available from the Storm Drain Fund Depreciation Reserve.

Summary: Staff recommends approval of a construction contract with 3Sixty Innovation, Inc., in the amount of $499,460 for the Storm Drain Improvements at 1601 Calle Las Bolas Improvements.

Background: Catch basin and storm drain improvements are needed at the intersection of Calle Las Bolas and Avenida Florencia to increase the drainage capacity of the storm drain system in this area. Staff prepared a bid package for these improvements and advertised the project for competitive bidding on the PlanetBids website. Ten bids were received on May 23, 2022, ranging from $499,460 to $1,240,710, as shown on Attachment 2. The lowest responsive bidder was 3Sixty Innovation, Inc. of San Diego, California, at $499,460. Based on the low bid, construction costs are estimated as follows:

Recommended
Construction Contract
Construction Management, Administration,
Inspection and Soils Testing
Project Contingency (20%)
Total Estimated Construction Costs
$499,460
55,000
99,000
$653,460
As required 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). Project plans and specifications are on file in the City Clerk's office.

Action: Staff Recommends That the City Council:

1. Approve the Plans and Specifications for the Storm Drain Improvements at 1601 Calle Las Bolas, Project No. 10015; and
Public Works Agenda Report
7-1 9-22 I 4J-1
Agenda Report Page 2

2. Approve and authorize the Public Works Director/City Engineer to execute ( Contract No. _ _ _ , by and between the City of San Clemente and Attachments: 1.

2. 3.

Innovation, Inc., in the amount of $499,460, for the Storm Drain Improvements at 1601 Calle Las Bolas, Project No. 10015.

Location Map
Bidders' List
Contract without attachments
Notification: None.
s:\cd\eng ineering\secure\admin\2022\6-21 \6-21-22-5r .docx 7-19-22 / 4J-2
Attachment 1
7-1 9-22 / 4J-3
City of San Clemente
Bidders' Listing for the "STORM DRAIN IMPROVEMENTS AT 1601 CALLE LAS BOLAS (Project No. 10015)" Issued on 04/07/2022
Bid Due on May 23, 2022 2:00 PM (PDT)
Vendor Name Address City State Zip
3Sixtv Innovation Inc. 3555 Rosecrans St. 114-110 San Dieoo CA 92110 diamond construction 921 n harbor blv #622 La Habra CA 90631 PALP dba EXCEL 2230 Lemon Ave Lono Beach CA 90806
Beador Construction Company,
Inc. 26320 Lester Circle Corona CA 92883
GCI Construction, inc. 1031 Calle Recode, Suite D San Clemente CA 92673 Wright Construction
Engineering Corp 2625 S Santa Fe Ave San Marcos CA 92069 Lucas Builders, Inc 510 E Jamie Ave La Habra CA 90631
kordichconst inc. 6044 lawrence st cvoress CA 90630
10370 Commerce Center Drive
Ferreira Construction Co, Inc Suite B200 Rancho Cucamonga CA 91730 Gentry General Engineering,
Inc. PO Box 322 Rancho Cucamonga CA 91729
Attachment 2
Bid Amount Format
$499,460 Electronic
$560,790 Electronic
$592,400 Electronic
$597,300 Electronic
$621.370 Electronic
$627,020 Electronic
$690,262 Electronic
$709,313 Electronic
$737,750 Electronic
$1,240,710 Electronic
7-19-22 I 4J-4
SECTION 00500

CONTRACT
Attachment 3
THIS CONTRACT is made this __ day of ____ , 2022, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and 3Sixty Innovation, Inc., hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

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

STORM DRAIN IMPROVEMENTS AT 1601 CALLE LAS BOLAS, PROJECT NO. 10015 The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor's failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall'be commenced on the date stated in City's Notice to Proceed. The Contractor shall cqfYipl.ete all Work required by the Contract Documents within sixty (60) Working Days from tt,e-~6mmencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agree_s the time for completion set forth above is adequate and reasonable to complete the Work. < •• • ARTICLE 3. CONTRACT PRICE. City shal! pay to the Contractor as full compensation for the performance of the Contract, subject_1o;any additions or deductions as provided in the Contract Documents, and including all appli9~b1e taxes ar\d costs, the sum of Four Hundred Thousands Ninty Nine Hundred, and Four H,yndred Sixty Dollars ($499,460). Payment shall be made as set forth in the General Conditions. •
At any time during the ternf 6f the Contract, City may, pursuant to the terms and provisions of the Contract Documents, r.~\Jest that'.the Contractor perform additional work. Contractor shall not perform , nor be compe'nsa1ed for} additional work without written authorization from the City ,, .,. . . ,,..; pursuant to the terms and prov1s1pns of the Contract Documents. ·1-;.\!;•,>·•;"· ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of $1 ,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Form
Contractor's Certificate Regarding Workers' Compensation Bid Bond
7-1 9-22 I 4J-5
Designation of Subcontractors
Information Required of Bidders
Noncollusion Declaration form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance vyitb all of the Contract Documents.

All of the Contract Documents are intended to be comP,[ementary._Work required by one of the Contract Documents and not by others shall be done·as if required by all. This Contract shall supersede any prior agreement of the parties. • /
ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, includir:,g, but not limitecfto, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project. 1 ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

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

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
55452.0151 0\32905704.2 2
7-19-22 I 4J-6
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 AVAILABILITY'.,-
OF FUNDING:

Finance Authorization ·: '·

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

END OF CONTRACT
55452.01510\32905704.2 3
7-1 9-22 / 4J-7
Department:

Prepared By:

Subject:

Fiscal Impact:

Summary:

Background:

Discussion:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: July 19, 2022
Economic Development Department
Jonathan Lightfoot, Economic Development Officer
Agenda Item 4 \(
Approvals:

City Manager ~ ·~
Dept Head - -- Attorney w
Finance 0R..
1sr AMENDMENT TO CONTRACT C07-22 FOR THE PARKING LOT AT 175 AVE. CABRILLO Yes. If the Council authorizes an increase from $350 per month to $500 per month, there will be an $1800 per year increase in expenses. This increase is accounted for within the existing Economic Development/ Rental of Land account #001-151-43710- 000-00000.

The City established a program 15 years ago to improve the availability of downtown parking by renting private lots for public use. This program improved the overall efficiency of parking resources in the downtown. The leases were set at a fixed rate that did not include an escalator. Staff recommends that Council authorize the requested rental rate increase to maintain public availability of this downtown surface parking lot.

The City first entered into a lease for the 175 Avenida Cabrillo lot in 2007. The lease was assigned in 2016 to reference additional property owners (see Attachment 1 ).

The City has paid $350 per month since 2007.

The existing contract, C07-22, established a rate of $350 per month and did not include an escalator. If CPI had been incorporated, the current rate would be $493.

The property owners are requesting an updated rate to $500 per month. Staff is supportive of this increase. Staff will need to increase future budget allocation requests under Economic Development in order to account for this increase and any other negotiated increases of these private parking lot facilities.

Recommended
Actions: STAFF RECOMMENDS THAT the City Council:

Attachments:

1. Authorize the City Manager to execute an Amendment to contract C07-22 to increase the monthly lease rate to $500.

1. Contract C0?-22, Lease of 175 Ave. Cabrillo
Notification: Marjorie Boughton, ownership representative Economic Development Agenda Report
7-19-22 I 4K-1
ATTACHMENT 1
. .. . _..,_._ ... . - . .-.. ·- • r-·· ,, . . :, ... ,. •-·-·. ,- - ...... --.-. ·-'\'•~---~--- PA•RKING.l';OTJLEASE•AGREE.MENT. •. . ... . . . . - . .. .. . . .I . T:his'~~Q.;:LQ.f't&:A'.SE AGREEMENT ("f\'.gre¢_rpent)·J~ made and ¢nter¢d :into as· ~f tl\j~s .J¥,·<)a,y 9f '':i,hrcfar~ -'~_2Q}/4 :t,y !!!.1,QJ;__f?~e.en-·G1.,D!hi.?. T~rlor ·ca~rick, :Willi~!Jl. Do:wlirig Taylor, and Maijoff: :Faylor .Boqghtoif f'O«'ffer"), ·and the CITY .OF SAN OL.BMEN.Tit , a Qalifqmia ·.municipaf coqi9rc1H6n. <"~ityt'L o·wn~r '.~iJd C]ty are hereinafter. sometimes refo~ed to collec:tiv_e!y ~ t parti~f?-;!!Jld_[ i_i)_d_iyigii_illy ~ !l.· "party:''.

R:!~'iCTI A~•~
A. C:iwoe_r'.1$i the r9_wn¢r "ih· fee (jf-.that certain 'r~~I prQp:e~Y,' iocated' at. 175 A~eiJ.ida ~_abril,lo, :As_~f;.SJ9[1§ ·p,~_~f :Nymt!~r,C'.AP]'J'") Q?_g.;_0~);-92 J99,~_i~fitn. '!he,qp_wn_to:wn ~-r~a of t_he City:·ofSan:Clefuent~~:·coun~:6f Orange, State ofCalifomia{tlie 'Wio"j:>_erty"). !:f: C1fy -h~~ r¢qii¢~ie_cl to-.leas¢, an,d .Owner .lS W1JOng('t9 :ieas~, tj1o~e portfons o"f the -Prgp~rfy. P:JH~e P,~J~Y..l~r.!y .. i~f,~pi9.te,q :ID. Exliibit. "N'-;,}tt~c!l.$9~ "ff~.r~Jg_: mid. in,cwpqr~~~cJ, by this ;reference (the .. "Prefuises!')~;for,:fue Rifrpose of providing.-pi.t61ic parking, ·according :fo the 'terms ~a119 :c:<md.i{ions.of,this·.Ag~e.er:rieTT~:. , • • • • COVEN A'.N.T S
Bas·oo .upon· ·the for~g6ing Recitals,_ which are incorpofateii !info this Agreement. by. (eferehce, and for go:od .ancf ·vafo~file C:o"nsidcration, the f¢f{~pt .-avd \!fufficiency of which is hereby a1:kno_wledgecl:!:>Y. borti.p~_ie,~; Chyner ru:id Ci1Yh~reby.:!!-~e.~:~fol_l9ws: • a
I. :Granfof1:ease. 'Owner--here~y lease~Jo,City,:anc;ii<;;ify,!hereby-leases -from-.Owner, the: Premis_es arid, ·a:O: '.ranasctpirig, 'llllpro:vent"ents; ·ancf -structur.~: ·th'at wiiL be ··used "for tne_ P"e.rinitjed o~~s (~fofjnea:~e\g_w.f_a_r;c:ordipg,,f_o·(he·t~~s.:~,4:c:gnclitio.!.1SlO(~i~_Agi:e_e_m_eQt_. 2:: Tenn ..
·2.1 Automatic, Renewal. The, lease• ·of .the, P.femfses ;shail. 'be. di"ljiaed. mto • one (i) ·.y~ar renewabie :tepris;. wh·eteth_ ia:ch one .(i). ;yegr ·t¢@; i_s_ ;h\~rii~a.fter·referted ,to a~ :a '
1 R,~~~~ablce T~rm,.». Th!!. f_i_r§.1;='.l~P..~~a~~I~ 'fetin, ~l}~ll: ~·qmm.~.~-~-~,4p9Ji''th~ d~te :the'agreem~nt'. is· signea, and _eaclt subsec(uerit Renewable Temi -shal I ·autcimatfo•a11y~c:omm~n:ce.:on' the date that, is !!;t~; Q.~Y· :i_rg_µ:ie~Ha:fe !Y· ~~~r !]:ie, ~~pir.alipn_. 9.f th.~. pr~~jou.~ .'R_ep.e.w~~I~: ;r~wi. Th~ '.!~~se of .the, Premiseii tfofJ any time during-a~y and all Renewable "Temis is~ hereinafter: ·referred to as the:- "E~ei:i~i:d.-T.e@." •
2'.2 Tenninatiori ,of'Lease._ Either ,party,_ -in· :its •sole ·ahd. absolute discretion, ·rn·ay•tetmiit"ate ,the Tease :oftli¢ Rremis¢s .at ·any' time dudng £he: _E~tend'e_~::term. Ttte party s_eelqng{()" t~rniigate,:iheJea~~ ~h.a.U·1d.¢.Hver to jh~::oth.~r p~fu,·~itt~_.:~~Jiy~'-tg7,r~qfr,o. liter-· tllan sixty. (~0) days-:prior;fo the· date ·oftenn inatioh. The: City: mafalso uni faterally. cahcel.'.tlie· lease aftet-a·:deli\iecy of;a•fwi'lttei'i notfoe to:the Oviiner-no Ia.ter>tha1fs1xfy•:(6·0):;days prior to th¢:c!attf of termi_iuit\on:at. any'ti!lle;aftedh~ ex;e_cutiortof this lease. • -3, Rentand;:security Deposit.
-1--
7-19-22 I 4K-2
(
. ' : ··.. ' .• _•: /JH ,, R~nt Qit?,':}11.~ll ,e~tJ<?. '.Q~fP~J-~1(f2r:1bf~.f{~Iih~g~IWtf-'~ :~dr~QJ .f 1ftY., Dollars J$350i00) ;per. :mgntfi {(the· ·.'.'Ren_t'!)_. Thei first; payment ,of ,Rent-snalJ...oe Jprorated, -pUrsii'ant~ to SeciionjJ,, beTow. (lf'ajfp'iica8ie)Jmff sharn'oe: deHV.ered' .to. :o.WherJip_c1. ·iatffr; t~an-\Ai :dJ{t(!'<iliaj_'.i~ three'(3) y.,eekst_a'lfer. tj:le ¢.o.mme9:cem~1:it_{Q.~~ti lj,:~9Jj~i!f!Cf ex~ry;,S~.6~,e.q~~nt-ipaYtr.1ent .9'f R~n.(~hal_l _be _deliye11:c_Eto. OV(n_er no later t,han;-t_h<!,tc:!ntfr ( f Oih} day,ofthtHnonth'for· which tpe :Reht is-due:

J .'2 Security;'.beiio·slt:. ,City. sh~tC #.l.iYe.r tl>.-<i:lajle_r.;:n.Q iatedb~n_-th~: ~at~ that !s -thf<!e (-3), ~ee~~---~ft.er .t_ij_~~Gfi91i)1~r.i.i~m.~~f.Qa!e.,' ~-~~f~r.iiY.· 9er9~it:_i11 ·the 8:fil9.Unt ?f 9n.e:
_Thotisafrd Dollars .. ($1,000!00)J ~~lie~~'.se~urify De°J,osit"). The s~curi!)i, Dep6sit shall be held bi Qwn~r as security fQr.:th.e. peYf<itrifa.u1;:eJ>y Cify-of:theJ~m1s1a11a\c9.l).ditjo_n~,of:Jhi~iAgr~ement to I?~ -~~pt-aµ9. P~,19.@l.\!_c;\~y·rqj!Y,_,; __ .. Erl~>r !C?.{he-:µ~~ 9fth_e,~e91Jl~!Y::P~Pg§jJ :for- an:y ~blig~'t,ion·t9 l:>e· ·perforrn.ed ~fCsity:pursuanf•to tliis" Agreement, 0wnef.:shall ·deliVer.,_.writteri·nocice,to City ofthe r_ea~\m J<W tn~. :~i~¢"; ,ajiif 'Qy•m:er' sij11l)i •J?f P'.~iH:ie_ :Chy· wjt)) ,@ :()pp.o_r.funitx ~o- c:ure fil.¼Y f~ilµre to R~rf,o}m. ~~ gp_tJg~t~~Dl Pf!QJi J9:1b~, tJ.s.~: ~f~he' S_es;uriry. Dep_9.~if pti~§tiaiit7t6 The_. cure provisions set fottli"iri, Section' :1 o .oefow\ 'If Cicy:full.fperforms,evecy, oblig~tiofoof:.this Agreement ,to be • p¢if.9.®~9- •• by 'if;, JheJ'S~curicy Qep_9~it ·9r ·.any balan..c~ th~r.~.9f:sh~H: .. l?e -r.ew.n:ied. to _C_ity upqn !~rml~ationrofthi_~ Agr~m.en( • •

3.3 .Deiivery . . All ;paym·ents and c·harg¢s .. 'due :ufrder; this -A.greerrient shali be paid by °(ji_tY,ih ·1~wful m~inef9f'thfUr1_ited States_ of.A.metlca;wtii~h.\sh~i_l .l?eilegal,iep.qer.at the ·tin]e of p~ym_ep.t, a:t;:

Cyrtthi~' r~yio(Qaq-rck;· Wiinam Dov.Jing Taylor, Marfad.¢ Titxlb.r ~ougbton 129 t7 Caminito:!3esoi • • •• • •• ·sin oi~gb, cA,'.92-130
or "to) such, otne(l',:ersph•of.,atJsuch other p laye as: Oy.rn¢r, iii~Y frnm 'tiin~.= fo tiin~19¢~ignat~ in wrifa1g. Own~r sq~IfprC?.mp{ly~g~Ii_yer to City any ~~-~g~]F!!Q~t~!?~ gr,:person• responsible forreceivi.(!g ·_payment· o'f; Iteiit-. • tiify :snail. not;6e -in. defa:tii6ofithis ,Ngreinf6ht if"Ov.'Tier- faiis ·.to receive any ·payment·pfRerit_ wh~n .Owner fails to ptotrip:tlY ,c:ieiix.e·r.·:ar.iy·clJaqge. in -.~ddress_ -.or • perso.nJesg_q"ris!6le fqr ;~ey_ii:vihw .P~¥.!11e.nf •• •

3.4 ·.Probited', Amounts.- Any 'Rent- due under- iliis·, f\greement for- ariy ,fracti6ni'.1l.nart;of·:a,calendar1Q16htli itt.a\fl:ie~-pr9r~te~ ba·s_i;d ·9_1;1;fh¢1{~t!.9. !h~P.b.~ pu111ber.of d~ys!in ·fu.aJ lll9P!h.'.c;!1;1_rfug·,th_e'T.er_rn;~e~rs l9 \he ,tqtaLQunio~r- ofd~ysinithahn6ntli ..

A. '.Permittecf 'lJs'es'., ,Fof the Hu~at1on,6hhe Term,:th¢ tr{1rii~~S'. sMii .oe: ttsed for ~p.~rh~~ ~-y t!i~:¥ii~ra! ;:ihitiiH/ii.i:i.~Ji,n,t;;_H.l,t;t1J~.r-u.~~~:· r~!~Jw.g·th.~t~fo: (th~ 1'Per.n:iitted Uses!!), ~nd for m·o . otlier ,purpos<\ •suoject: 'to the {ollowing-conditions:; (i) no .ove"rriigfit P,afki_hg: shall b~ --~~ffu1tt~~;::(H);pat!<l11_g for eqch v¢h_iqie, use:d:}~y E! (t\e.lJlber'pf'.ttie\&~n.~r~J:p~.\Jµ,~ §.Q~ll -P.~ ;l~~it~q •iq: '.t.hrn.et{J}'_h.QJJrn• f<?~:1111y ~enty~(ou_r'(2.4),:h_q~r.P.~~-fod, provideq, ho\vever, tliaf!.tlie: timeJiiriits ,may; ,be<.aojustect, by. ;mufual -consent of(the ·parties; (1ii) aiiy vi!Hfotej (up• to· three-(3)] ti~e:d -~Y .c"tlii'eht i~mpiqyite} :of-',¢:l(it¢Jjt :9r :sup:se:qu_ent t¢nanfo: -~_St!}g .!he, Pit1mi~i~··(qr <::mploy~~ parRi11g!· ·II}ay P.~d(&.lhi_ay:~m·tb.e.· P!~TT:ii~~S; b_4t-onJy if.Sl!CP veµi_c!e,li_as ~ mirfoYhariger.j5ern:iit'for-such all iel~:Y: ~s~, clearly ,postecl;,; ~d t(1v,),any ·:other· n:iles :and, regulations ihat <thy-may :imp_ose· on 'tbe :general: ptiblic fof•'.the, tise;·of the' Premises. ·the ·-prop·erty'.may be .u_~e<i as -~n:ihdivic\ual .pl)bljc 7-19-22 I 4K-3
'p_w.~i_t)g g:so~t~e. 'or iJ.i;~_oi:r_iJ~w..~ficgt ':-@Nh.~ .?.4jg_c¢11_i: H.Rtfo~~.!s.ing tI.9_f t~N,s_: Q~~l.Q.8j ~Q4~i:1,rf~~ f6,58_~p~}:§.Q) a~, d~pi_cf~.<1 ~ih, ,Exhibit.f.''B,-'-'· jf th_e·:l:{RH :R~i.fmfr~h!P· -~gre.~f; J9! psqv@~, P,_l,IJ;,Jjp, ~~~' _ :patR1rig. •

5. finprovemeiit:and' Maintenance o(Rremises: ·•(iity, at; its: own ·co'st;and expense; ·.s.h~!! t>.~ ~~sponsi~le·f9dtie·)½i>rirvem_f!nt atJ.d m.~i.b'foiiane::~f!llS .ni.i:'~_e_g~:o.ftte.P.r.emis_f::_S -fqr U$,e, as_ a public parking lot, including/but i16t-lirriited·, fol :(i)','refriovfug tree"s; :(ii): surfacing -the_parking lot; om striping par!Gng· lot ~tiaces; ·i1nd '(tv) ·proVil:i1rig· si@age;, 'as neeoed. S1gnage· ·shali i11di~ate; ~her_e City (Jeteri.rijhes i~;.~pgr9priate;°"th~t:;'th~:par_kivg I_Qt;i~ <;men. f9~ u_s~ l;>y the general ·· bt'· · • - - .- • • ' • • pu IC,.-

6. Insurance.
,(?{] .,General· Uiaoility. pity. sh~ll ob¼tn. ~ l ke_~pj~ f¢rc_e. ~11<! :~ffec:t,; for tbe entiie:Term a coirirriercial-general 'Iiabilify. ihsimince jJolicyJwhichffuimes Ownef•as.atfadditiorfal insured, 'proteciin~t ·aga1ri"st clairfis ·ofhodiiy· 1iijury~ ·pers·cfrial: 19ju9\ ancf J~i:operty :d~mage:based _ypg.!),, foy9.lyi_l}g,i\,t· ?Jisjµg 9-U..fa _qf ith~· ·µs_~ 9j- .ma_i_nten~.'2~ '9f • t!J.s ft~nji~-~s ·by Qity.: Sych insuriifice:shall :be =,on an 6ccufr~rice basis-providing·single :Ifmttcoverage fo,. fut amotintnot iess • than One Mfllion Dollars\$\oo-0}500:00) 'per o~currence:
6;2 .Certificates:, ,0ify ~h~ll prov,ide • ·tg. '9~.Q~r.- tf' 9ert,iJi£a.t.~ of insurru.ice evidencing insurarn;:e, cover~g~uif provided herein ,no latedhan1 tifo date Jhaf is tliree,.(3) weeks afterth·e-.Coin'fnehcemeh{Daf¢;1and,th'ereafter a:s:requestdi qy,,OWner. uht.iHthe1tenni.hation:ofihis A;gi:eell)_ellt; ·- • •
9•? Self=Insurance; In ,:lieu ~fthe,,obljg~ti9ns:set-iforth. in s·ecticm 6. t..and'.6,2 al5ove; City may 'satisfy frs: :oB'i\gation .fo. :provide 'general. HablH~y :insfrrant:e for the. Prepiises ttif◊µg!J1 a :s~!ffosµt~nq~,;progr~rr1;-.;b_liJ QQIY if dicy·_n:i;n.aip~: ~.iJfffo~ur~~: J6.nw .)~s.s ·than One .MiJL~c,in Dqllar~ ($1,909,QQQ:·QQ): j_Q~IJ.a~b.jt_ity-·¢1!li,ms_, I~: th~ :~~~nt;(t~at -~!ty is self:Hnsure~,. City -shall deliver .. to. o.wr'i'er, :no' fater1tfiaii' the -date,.that is tlfree'. (3} weeks;after1.the· .Commenceme·nt • O?te;,:a ~teinent, c_erti't\cate;,,9_r:·o.ther pr_qqf of ·fiI:)anciiJ r~sp_c,ms.i~Dibi;·! duly· aclaww.t~dg!!d by City;s1a_uttipri_zec_freprese11tijfr~;'!fqr On~.'Mil_li_9_n Doll~ir·{$:1{900;000.00)1ih,self~insliiari.c'e.. • ·7. ,Indemnify. Cify, sliail: .indemnify, defend; arid'. ,hold iiaffuless: ·Owner, ,and Its officers, '.Qf'fic(ai~; .'efif p j_~ye_e's; ritg¢IJ!§,. 9r-,repre~e{JtatiV~s ·c~o 11¢~_{iy!!!tth~: '! lDP~l)lriit~~,S:-:)_,agai11st any';a,n,malr cfai ins, demands,. causes •of actio'ri, damages,. cost~:, expeiises;;I osses,and :'liabilitie~; :at ,·laWtor-'•i1-rieffµfo'r,;ai'isihg olit~if-'6:t,Treiating tq)(i)"any a~tiV1ty19r·w.oflc;~i;,rii, p~rt:rii~.Q, 9.r.;s:4_ff~red 9!1. :t~~ :f~~m.l~~s; .(i_i):q~-~ :ofJfi~• P.rs:mi~_es, py··crfr and :it~···offfoers, officials, employees, agents,, · :representatives, invitees; patron's, or,-~ltb~Jes·sees; Of· (rrl)"the 'acts •cir ornL~$i1n~; 'of' Ci!Y ·or its '.9ffic~rS; ,offt~.tiis, ,empfo:ye~S; ,ag1:mt.s;, :gr :,rt;p.resimitJY~] ,af.tirgjff ~~I!' <?,ffjCi!l! . ~~pa~~ty·. This ii:p.d¢r:nm.ty. sl:i~U. specifically I inc I µae .. the ,rightito iridenirii ficatibiHor diny· claims; ;deffiarids, causes j:;faition, damites,-coits, ex:i,enses, lossesianctii'aJ>lli'ties; at law or: 111 ~q-µ(cy'ifri.~ingtfrpm,thtf~9h :9r:, Q)'rli~,io,n_s;.:\~p~tljl,!q1eglig~9t, re~c,ldess; wiJ)(u.!,,qr q_i,ij~f}1/~Se, ·of <!QY IP.~WQ.~f'<?ftfi.e:rubl_i~· (as ;!h~i' t~D)1{t~,.4it}he_5llb~f<?w) _while :tp~i: mefll~er'<?'ft~e P:uoli~ .fa ?:r Was;oif'.oriabcnin~e_:_ Premises.

Notwitlfatafidiflg; .tlfo forgofog . :senteri'tt~s :iii' .this :Section 7, City ·snail_ have ·no obUgatio11 J9 ,ina~.mrii_zy;:i;fefencl\ ,fl!ld'. b,ql_d{~_~le_~s tlje. !n.4~~11it~e.$ fqr. ~ny cJa.im, qe_m.~n<J; ~~~S~0·cifmction, .d~;i~es,. ,cqsf.~r- e~p~!\_Ses, ·l9~~es ~4 lia~ilities, •arising {rom• 'Of· re'latifig. to { i) ·a pre~existing -3'-
7-19-22 / 4K-4
(
~"tJY!t:O:nment?l '.~:Qp<li_ifou ~-oiJ~·em_iiig )i~·w.d~ius_ ~:tib_~-~-e.~i:o.rJi 9.r'.!!.lJJfor ih~ ?ref!li§..e.~;fQ~~(H)HlftY, '9eglige_qf;--rec~.l~~S;•cfr-'.Y.i I lfuJ _gpi:.(){9.IW,§~jpl)• of li1~~rnnh¢~(~}wtiiJ~igmqr, ~b9ut--t~~ Pr~mj§~., •·· .. For p.~~-?~~§ •this· Agreement; the. teriil __ 'fhazarciou5. substance"' ·si-ia1i in"ean any .substai1ce: bf.- material: clefined· or ~esighated as haiard_ptis .or' totic ·Waste, hatarqous or. toxic ,m~terial, 'a haz;ardous. Qr _tcn~:i¢; sµf?.sta!l,ce; or pt}i~r ~111?.U!i! t~rm.: .bY'-~):'_ feder~~-, _s_iate; _or 'loc~_l environmental statute; regulation;_ -or ordinance: :For-putpos·es of';this· Section 7_,, the terin "mernber!ofthe publlc;; snaii mean a:ny:person:othe'i' the officers;iofficiais~ e'mployees; agents, ·or, repre_se!lt~frves,_:11djng_ in aJ1'9fti~j~l_k4pa~jfy, o(0}.Vn_er or"City, • •

8. :Peaceable .Possession. ·Owner hereby warrants: and; repres·ents that it has -the -authority-to .lease} tlie '.PrefnTses\ari'<i' to_. execute:this Agreenfep.t -.Q.Wn§r-· ful.:th~r •i;:ovenant_s ,anq -agree§ {hap y_ify;,,!-I_P,Q!J.; lp.e_rf~®Ah~ _aJJQ q\,!ieily _o~se,n,jng;Jli,t ~~' aH~ ·conditions of t.his_ Agreeriient;rsnamnav6tlie: rightto no Id;. occupy;.aiid eiijo;Y: the Premises for- the Permitted Uses c:lufti:ig'.ili.e/rei'th Sviiliout:~y interruption or,:hindfanc¢' from··O\x,rie,r; hs succ_es~OT1i.:Or a_~sign_~. ◊.r •~l1Y"p.irs.9.µ or~eeftifflawfuJJy·~laimj~gJ,y;or_ i:tuqughjt._ .9. -Default. The occurrence. of any one or· more·: ,of the folfowing events shall constitute ·a rii.ateriai' default, ('.'defauk'): (i) the vacating _9r iaoan,d~nI!}ept: oJtlle- PremSses by ·City; (ii)" .Ule.JaU~reJ,y GXtx J9rn~y',R~.ri~~w!i~rnfu~ .. pur~uaj:wt2 lliih~~e.~J!Ient,-and ~ch=.f~i]u~~ continues fora,pefiod;often,'.(10) )d~ystafter delivery of-writfofi iiotice from Owner toJ~itfof said Jailiite; and,(°iii) the faiiUre: 65:T~iti'\"er party to ·observe or, peffoJm.fwiY.:o.f:.ih~. oQUg~~iQris _9f this:

A:greem\!nt: tq be -9qs_ecy\'!Q. :Qr. 1pstf9r.med, qy· the .r;~spQgfit;!e· p_a.,11)' }ot_her· than the -obligation described in clause (ii} abov.~J; -where: ,such failure ehher:1 {A) c9ntirii.ies for a pedoli of thirty (30) days, aftet·d~Hvefy;of'.wfitteri hbtice· thereof~:rrortd~e pafty ~eekiqg ·per:f<>iw~m~e,, or @):ff p~~f6nn@c.~ :~.?J1J:1Qt -~~' ~9.rnp!et~g ~hh thJrty ('30)' ,1a.Y.~, ·s.l!i.f .9f._'~ch: 'fail~r~ has ll(?t cpqimenced within: thirty-.(}O): :days after, delivery. of written, ~riotic'e: thereof .and diligently ·prosecuted· uritiLcorrip ietiori' withfo 1shty \(60) ,diiys of ttie:expir~tfop ififh.e_·thirty (3"0) d;iy _ period:
(for- a ·toial ,qf ninety (90) iq~y~):, lJP.9.D, ~n ~yer1t ol~ifa~1! ;a_mr ·~f!¢r· !.h~ ~xpiration -of-the· <1.pplica_ble cu.re: peri9g~ -.thj~ .l\greemerit ·and City's -;ight,:-to1~aii :ffi~_. P,fefnises .shall terinihate_· Lipari thei,date thatiis"-_orie;day,_afte"r7tne-'.date of:'eic'piratioh;o(ttie ~ppUclihle_ c_ure period un_le~ _t}:teparty·in,def~t.ilfcu.r;es'the-c,i~'faµl}Y'.'.ith~11 the applicable_ct1.r;e'pe_ri9_~,_- • ,IQ,. Miscellaneous.
lO. l Bind.ing: on Heirs. Ibis _kgte~n1~0,t :~h.1!:IJ -be_ t;?iry_~ii)g upq_~ ip._e, par:_l;i~~- h~ret_o,a_r.iq-.j!l):l!e ,to :their respect_fve·repr.ese11tativ~s, •trans forees,, successors;,:anct 'assigns. ·10.2· Litigation .Expenses._ if efrher party to this A,gre:e1J1t:~nt -c9mine_Q.ce!? fl.!1 ad~9n _<lg'<ljn_~) Jh~-:qtji~r p~ 'fq fhl,s; ~gr~~m~_nt :~is4}g, \Ol;IJ <?.f: 9~· fo c'onnection with this:

Agreement, .'.t~e prevailing iiarty,, -snail be. ehtitled;'to .i'ecovef foasori"abie ,attoit.i¢yif' fee$; e~p~tt witnesslees,:c·osts oHnvestigation1 and costs o'tsuit_:from_thdcis_ir_-ig:paij:~, 'fOiJ Notices> All notices ·required to ·be delivered, under, this Agreement- to ~n,,otJ-ier-•p,my :~~st b~. 'in: writi~g~ arid ;shaii'.·b'~ '~ff~~ti"v~:= --,t,f ~heri persohaily-,deffv~red by, the oilieYpar~y;ot messenger--or;_coLifier thereof;:(ii)Jhree,('.3}:busirless::d_~y$:c!,1;le_rd_ep,osit in the ;Uniteg States 'mail, ·,regist¢teo 1¢r' certified;: (iii) qne ( 1) l;,1.,1s)pe~s day-;a_fter geposit ·before the daily 7-19-22 / 4K-5
••. -- -- il ... , ... ~ ,. .•. - . • , • -- ., .. ... ,. !Oeadlihe;iime·,rwith: ·a i'ep.Yitab_le tQ'vemjgnt ·cputiei';;or, ·servic~;\·or~(iy;)~@on~tfG~H~t U'J:i'. t~J~CQP, ✓ ot if_a}{• ([email protected]~j9Q;~rro_\jJ_~.d .l! 'hcir~Ic.!iRY.i(Qf~i,!_~!)· tra1J.smi§.!?fo!!~~h1!lilQiith~_r~~ft~JKl.~li~~r.~g,; fo~:qrfe] · oft_h~. r.n~th.Qc_l,s}clf:..~£1jQ~9. 'ihifl.!~'fo.re.gqing {[email protected](Ej);,i,Q ~~£fr9.~~e:p9.jt~g~ :ruqy, pr~p~t~;~Q~i;: 'aodre·ss·ectmftlie resfiecfrve: parties a:s,set forth befowc.of. tofsikh otnef. aadtess and'to such otner _perspns,as._the p{lri}es·rrfay. her~after·d~signate: b(""'ritt_eil'-nC>Hce:t'o th~ o.ih~r parti<;:s he.reto:· To City:

To.Owner:
c\ty',ofsan ciemente,
·gjty.l{all
roo~~ye_~iQ.~,I>.r_~_s_wio· -· ... ,Sru'!'Clemeiite, CA '92672 Att.n:_ · CityJ,ia,n~Mr
Telecopier: (949)'.'36:I ~s.31'6
:Best-Best-& Kr'ieger; fuLP·
18101 Vqn_K_ai:mar{Av;~; S.µH~ 1 __ 00◊
Irvine, CA 926J2
,Attni-Sc6tt c::s·mith1,Esq'..

T~lecopier: (949)::210~(29?2
Cyniliia TaY.lor1Cardck, W1 iiJamibowlingTaylo~_,
Nfa,rjofi~:'tailor °$9.1,1~1)fo_n • • •
129l rcaminito,Beso· ~
·skh Dieg~. ·cA-92130
Arin:, --'------- TeJecopier: · ____ _
Att,f: ------- teiecopier,. - - - ~
t,0.4 . Eritfre( . .Agreement; Waivers; ,an& . Amendments.: This Agreement inyO!'J)O~c)tes _all of thi.; f~rroi~_.ii:i<!- 9oµditions- mentioned here1ii,, or:: mcfcientai heretq,_ arid :SU(?efs~<ies:,aii--negqt1at19_fi·s,1ahlr 'preyious :~gt¢ern~n.ts 'p_et_W_eeh '.t~eJpw.,ti~§ w\th ~~l?pe_cf to all or ;p_a~:<1f!l1.~\~l!.Pj~f}:mat;t~r li~r~qf,_ /~,ii .w?jv~~~-of'the_,wrovisions, §'f:t~is :Agreement: must ·be_.in :·writing1 ani:f· sighed, b} th'e 'appropriate authorities;,6f:,the pa:rty t◊ .l:,e;j: cha.fge<:L .A w_aiy:er· qf:'tpe ·l;>.ref!cb't9.fµi~ c9_v.en~t§;.:co_pdJtj_gr1sfQ.r Q,~l.ig~t_i9:n!?,. ~.n9~r'this)\ITT~ew~rit,qy-either-P,arty,_shall:not 'be1coristfueifais a·waive"r ofrany,succeedifig, oreach,ofthe sarne,o'r?other-,cQven_ant~; concli~ibris qt .;o~]jg~tio.o.s:· ·o.r d.ii$ 'Agr:e¢.i)lerii: .Ai}y -~me.ndme11to__r !JIQQ_ifi~~!,i9n:io 'in_i_s,:f..gr~em,erit m~st be iin • \.Vrj!i~g;_w.i~. ~_xe9uJ~ci !1:>y:-the,appropf \ate ~uthorities. of:.Ci fy • and ,Owner:
:l 0.5 1lriteipretat1ofi;: Govemhig, :Law, This Agreement shaff tie c:onstrueµ raccortiilig,.to 1ts}air:meail1n'ifand as:ifptep:ated 'by ·all qfth~•P!!r.ite.s;6f:_r.eJ9, Tb\s ·Agr~~mevrshall • b~:~911.§!-DJe_dj.9,i~s;fqrQ.?..flC.~\v.~ih t~e, in_t~rµ~I !a...yf oqµe•:s9.t~:9f qalif.orriia' whlioi.itregatd 10 ,any co~flid on law principles iri effecfaftlie 'time· of the executioi'i'·.of this .A'.gfee'ri:1ent:
7-19-22 I 4K-6
I • 'l-9::_g_ .• 1
S~ve~~8i~i_ry: J.f\1.nr P.fQY..i~i9..n,- ◊f'; !bi~ A;~~~m_e11t: i~; .b.e.!~i9~-l~1 ~Q.ll[t_o'( ,cqm,p~t~,t1t: ji11:i~dj,¢Ji..9v_ lQ _\)_~ .l1J~~lj9;; -,~(jJ.9.i: _:gr;_iYD~-?~fur.f(}_~_bl~, ,!he -r~f!l~iiiii"Jg: :Pr~vJ§lg_p~_ ;W.il!) :neverthele~s c6"titinue.iin•;fu1t forceiwithouf Being impaired orlilivaliaa:tedhlNifiY:"wii9,L lQ:7, Force, Majeure. in" the· e:yenJ .. ib:at, either· party is de°taye~; hindered, or- :P,t.f?Ye11f~d_:_fn:n:~. pe~fQI]Tlil)_g; !J!ly" .aft ~i:qyte5-f .h.t:f~\!f.l.g_e[_ RY l~~91_1 :~(~1ti.~-~S; '.Joc~o~tS;· 0~ oih~r :labor. troubles, iriability to P.focure1ot-,shortag~ ofmatef.ials of.;:sufi"ptfes, fa'.iiifre of-power, energy• sportag·es; 'rest_i:ictiv·e goVeiruneritaf. 'Jav;ts ·or: ~eguJati_o'i1s, i1J..d~m¢n! yv~athe~; ·fir_e,. ·e.xpl_9:sion, emh.9_U.ak~ or ~t~~r. c_asu._a,l!)'.}1[!2.l§;_,'!!.1§.~Jr.ection, V)'~; !l.ct 9fQo.._q,;or ,9JQ(!f:9,~µ~es thf!t: are;w.itholl_t the fault. arid -beyond -the freas6iiable control of".such P,arfy, ;tmeif .tlie,. performance of·the· party· OQI \gated to perform ;1,1nci~t: ._iijfs'r~"gr_e~ment shall _b_e excused fqr,a.n.ch~xten,ded by':the period· of suc~,'d_efay-.. ,' • •••
T0:8; He·acii'iigs'f, :sectfon·,and Subsect"iori'.h'eai!lffgs iii;tHi§tAgreemerirhave been _itfsei:t~d soI_eiy_ fqr:the c_oh_y~l1eiic:e,J>::f tl:j_e parties, ~nd su¢h~ca{,_H<i1_i_~; be.ag_i"pg·s;-a11d tit"Ies shall 1h !'.IQ•~~y g~f.ini OJ "limit H1~ §9.<?P~; "i_fit_~ri!; :Of··applicatio_11 ·of a1w, prqx\~i@iofthis Agreemen~--- :ro;9· Time is :ofctne' Essence .. Time· is 6f .the, essence, with, re·spect to every _p:rovlsioi1':of this-Agree"ri:i."ent.

I'O. IQ· , Computation of. Time. Unless'·qtherwi_se -~R~9if.~g i_n_ "th!s~Agteem~nt,,·l.!~t:; of the word '-'da.ys?' ,sl}~IC"nieag ~?f~~dar,."'4ays, and any:provisiori:,,reqiiif.irig· "die •computati6h of ·time s·hali be 6ase·d upon a ·stallcfarH c~fencfar.of:three,huii.&ecl';s1xty:five and \it1¢~quarter(3.65 ¼) c!~ys: ••
_to_..U _Executiondn :counterJ)art. 'This ,Agr~~men} may. ,tie -executed in several counkrpart:s, and ,a"if so :executed :snaiL:constitute on"e ;agree"rrienf b1 riding; on ail parties0:he,reto, nq:twith~Widir:i"g that all pari"iesJin n◊t sjgr1a(oties,to;the·origina1_or,th·tts~~ c9untem~rt- _[Sifill!l-W.r!!S ~n next page]
-6-
7-19-22 I 4K-7
fN WITNESS WHEREOF, the partieshereto·have•executechhis :A;greefrient'•~~r9ftb~·Q!:l-!e first ser forth :above.
"OTTY"
APPROVEff AS'TO F.0RNI: . .
•. • •. .. ,_;~ ··: •. · -, s --. ~ --
. . . • . .' '
'sc~tt ... : • 1t •• - • •• < • ~:v.. -~ ••
.City f,\ttqrr1ey·
C.YNTHIA ,fAYLoR:.cARRICK, WILLIAM
oowuN.d i-A noR,;MAtuolfu: TAYLoR
BOVQHTON ••
~y::& •#c•~/R ~ ./4
l~ · + ·
B~t4<·~· ~~~~~~=~ Its;.,... _ -'------=..:.--,_...,~-,¥--_,,_--i-'-'------ . . By:7l1et.
• its_: ( ..
-7--
7-19-22 I 4K-8
I
,.

DEPI~TION:OF THEWREMlSEs,·
Ailey
I·
I·
.g
·.....::;.

I
I
t'
I
.I
.1'75 Avei'.i!lda Cabtil1o
60,degree;parldng_.layoui: = 8'stq.ils
EXHIBIT ''A" - 1-
7-19-22 / 4K-9
. . .... -·--..

Anotary;pl!bl_iC),?[ Qt!ie_r~qffi_c_~r completingJ_~_i~•ce_rtjfi~te verifies only,the-iae"ntity"cif-tne I ndiviclua(whotsJgn.~cf•t~~{d.o_c.l.!!'1'.1en.t;:tq ~h·i~h tliis certificate is attacife~,Jaifd nofthe:
t_ruttif1:1ln.ess;a~c1,1racy; ~-r v~ILdi_fy-o'f ~~a_t qo~1:1m~nt. st;it~. of e:.~!if<;:>m_ia
County of OrG\-~ -,e,
On __ Jeb-.<JC\.{ t ti~ ·J]J)l:¥.et~r~_:'!l~,.-M,(tt!~~~H /-;/(¢$'~~:

P.ubli_c, personally appeared VJ)-:\ \i;'t-.;!'(\ 1), -.\ °'?fl \:or ._. __ ._. . Notary
.. who· p~ovecl
to rffe•:onttie:basis•qf satisfactoiy:e~[d·e_!)·cfto;tje:,th_e per_son.!lwno~e,n.,im.~~ii~/~_isubscribed·to.the within in~trl:l01en~. and .?c.~r:,owle~ged t<;>•m?-thcithe/.Sftefthev executed the sarne~on tii~rit"1ejr: a·utnorizeti.cap·acity(~. and.that by'tiis/h~-sighatufe'4,o"r1'.tne·iiisti'ument the persqni,ror ~h~ ~ntir,i,~P-o.~:bt'!_h_a!f ·9t ~hic_h:the pers/in(ef acte_d, e~ec:ut~d\he ir:istru,:i,~Q.t!
I certify under"PENALT-Y OF P.~R.J.URYiurid~r, rhe:lai(Js of the.-s~aJe 0:f•Californi.?Jhadh_~ for~going paragraph is true 7-19-22 I 4K-10
Department:.

Prepared By:

Subject:

Fis.cal Impact:

Summary:

Utilities

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: Ju·ly 19, 2022
David Rebensdorf, Utilities Director D~
Agenda Item A L
Approvals:

City Manager f:-5 1?
Dept. Head t) ~
Attorney 0Y
Finance j R_

RATIFICATION OF EMERGENCY PURCHASES AND SUPPLEMENTAL FUNDING FOR CYPRUS SHORE PUMP STATION EMERGENCY OPERATION, PROJECT No. 12209 AND CYPRUS SHORE STORM' DRA1/N EMERGENCY RELOCATION, PROJECT No. 12004.

Yes. For the Cyprus Shore Pump Station Emergency Operation, Project No. 12209, $795,400 has been budgeted for the initial 210 days of emergency bypass pump station operation. An additional 90 days of operation is recommended with funding from a suppfemental appmpriation in the amount of $357,225 from the Sewer Fund Depreciation Reserve to Account No. 054-476-45300-000-12209.

For the Cyprus Shore Storm Drain Emergency Relocation, Project No. 12004, $4511,000 has. been budgeted, and a supplemental appropriation of $98,412 is recommended from the Storm Drain Fund Depreciation Reserve to Account No. 059- 553-45300-000-12004 for relocation design.

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

Coastal bluff movement at Cyprus Shore necessitated an emergency response to ensure uninterrupted wastewater and storm drainage. On September 20, 2021 , City staff installed a temporary emergency sewer bypass pump system adjacent to the Cyprus Shore Clubhouse near the intersection of Calle Ariana and Avenue de las Palmeras. In order to protect public health and safety, the City Council ratified the emergency Professional1 Services, Agreement and construction coi:1tracts approved by the City Manager with AKM Consulting Engineers and O'Connell Engineering and Construction, Inc. (O'Connell) and an initial appropri•ation of funding for expenditures, including construction management/inspection services for Dudek Engineering, material: purchases and rentals at its October 19., 2021 City Council Meeting. With the need for continued operation of the pump station with pump watch while a more permanent facility is designed and constructed, additional operational funding was approved on December 7, 2021 , February 15, 2022, and April 5, 2022. To allow for procurement of materials and construction of a temporary pump station, an additional 90 days is needed for emergency wastewater pumping operation.

Utilities Agenda Report
7-19-22 I 4L-1
Agenda Report Page 2
Background: Cyprus Shore Pump Station Emergency Operation, Project No. 12209 To continue sewer service to approximately 400 homes within the Cyprus community while construction is completed of a temporary pump station with electric power and monitoring capabilities, additional funding for pump watch and equipment and materials is needed. Staff is anticipating 90 additional days to allow the contractor to procure material and start construction. The contractor is working on a schedule to temporarily operate the pump station without requiring in person pump watch.

Procurement of materials which impacts sequencing of construction is delaying the schedule to eliminate pump watch. Additional time and funding for in person pump watch is needed to ensure uninterrupted service and to prevent a sewer spill.

Staff is recommending the City Council ratify the City Manager's approval of a contract change order for as needed pump watch based on the estimated costs for rental and purchase of materials, such as, electrical equipment, piping, pumps, emergency generator and fuel to operate the temporary pump station as shown below.

Emergency Wastewater Operation Cost Estimate
Pump, Piping and Fittings
K-Rail
Generator
Diesel Fuel
Pump Watch (O'Connell)
Contingency 10%
Subtotal
Total (Assumes three months of operation)
$ 8,200/month
1,075/month
11 ,000/month
3,800/month
85,000/month
10,000/month
119,075/month
$357,225
Cyprus Shore Storm Drain Emergency Relocation, Project No. 12004:

Due to the recent landslide at Cyprus Shore development near the Club House, the City's storm drain system was compromised and needs to be replaced and relocated with a new permanent below grade storm drain system. The new storm drain will include approximately three catch basins on Avenida de Las Palmera just east and west of Calle Ariana, and one catch basin on Calle Ariana east of Avenida de Las Palmera, as shown on Attachment 2. The captured storm runoff in these catch basins will be conveyed, via a 36-inch HOPE pipe and possibly one smaller diameter pipe depending upon the hydraulic analysis, through the HOA's private park joining the existing storm on the westerly side of the park.

Since AKM Consulting Engineers (AKM) designed the temporary relocation design and study for this project and are very familiar with this area, staff requested a proposal for design and preparation of a bid package, including construction support services.

AKM provided a proposal in the amount of $98A12 for this work. Staff reviewed their proposal and the City Manager approved a Professional Services Agreement. Due to the emergency caused by the landslide and the need to improve drainage in a timely manner, staff recommends ratifying the Professional Consultant Services Agreement with AKM (Attachment 8). The City Manager has the authority to approve emergency 7-19-22 I 4L-2
Agenda Report
Recommended

Page 3 ends

contracts and purchases when there is a need to protect public health and safety per Section 3.40.070 of the City of San Clemente Municipal Code.

Action: STAFF RECOMMENDS THAT the City Council:

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

2. Approve a supplemental appropriation in the amount of $357,225 to Account Number 054-476-45300-000-12209 from the Sewer Fund Depreciation Reserve;

3. Ratify a Change Order with O'Connell Engineering and Construction, Inc. on a time and materials basis for $255,000 for Cyprus Shore Emergency Pump Station Bypass Operation, Project No. 12209;

4. Approve a supplemental appropriation in the amount of $98,412 from the Storm Drain Fund Depreciation Reserve to account 059-553-45300-000-12004; and

5. Ratify a Professional Services Agreement with AKM Consulting Engineers for design services for Cyprus Shore Storm Drain Emergency Relocation, Project No. 12004 for an amount not to exceed $98,412.

Attachments: 1. Location Map

2. Proposed design for new Storm Drain, Project No.12004.

3. October 19, 2021 City Council Agenda Report without attachments.

4. December 7, 2021 City Council Agenda Report without attachments.

5. February 15, 2022 City Council Agenda Report without attachments.

6. April 5, 2022 City Council Agenda Report without attachments.

7. O'Connell Engineering and Construction Contract Change Order No. 04.

8. AKM Consulting Engineers Professional Services Agreement.

Notification: None.
7-19-22 I 4L-3
C
. ,
ii:

PROJECT

LOCATION
7-19-22 I 4L-4
Attachment 2
C:
'ri 11.1 .... I- 0 z E UJ
::;;; .... N

11.1 0 N _, ...,, 0
u 1/) N
z Ill to
<I: .... E. V, 0 ~ u.. .c ., 0 I.I) :;;
>- Ill
I- ::,
u ....
a.
>,
0 7-1 9-22 I 4L-5
Department:

Prepared By:

Subject:

Utilities

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: October 19, 2021
David Rebensdorf, Utilities Director {)~
Attachment ~. {)_ Agenda Item ~
Approvals:

City Manager /i-7
Dept. Head p~
Attorney --,---
Fin an c e JR-,

R ATIFICATION OF EMERGENCY P URCHASES, P ROFESSIONAL SERVICES AGREEMENT WITH

AKM CONSULTING ENGINEERS AND CONSTRUCTION CONTRACTS WITH O'CONNELL

E NGINEERING FOR CYPRUS SHORE STORM DRAIN EMERGENCY RELOCATION AND CYPRUS SHORE P UMP STAT/ON EMERGENCY RELOCA T/ON, PROJECT No. 'S 12004 AND 12209.

Fiscal Impact: Yes. An estimated $205,400 is recommended for continuous emergency operation of the pump station and bypass for two months. An appropriation of $205,400 is recommended from the Sewer Fund Depreciation Reserve to Account No. 054-476-45300-000-12209.

The initial estimated cost for design, permitting and power for a temporary pump station relocation with remote monitoring and improved operating capabilities is $88,580. An appropriation of $88,580 is recommended from the Sewer Connection Fee Reserve to Account No. 054-477-45300.

The estimated cost for the temporary relocation of the storm drain is $256,000. An appropriation of $256,000 is recommended from the Storm Drain Fund Depreciation Reserve to Account No. 059-553-45300-000-12004.

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

Summary: Coastal bluff movement at Cyprus Shore necessitated an emergency response to ensure uninterrupted wastewater and storm drainage in September 2021. In order to protect public health and safety, staff recommends the City Council ratify the emergency Professional Services Agreement and construction contracts approved by the City Manager with AKM Consulting Engineers and O'Connell Engineering and Construction, Inc. (O'Connell) and appropriate funding for the expenditures including construction management/inspection services for Dudek Engineering, material purchases and rentals.

Background: When the Cyprus community was developed, the collection system, a sewer pump station serving approximately 400 homes and a portion of the storm drain system was dedicated to and accepted by the City. Due to coastal bluff movement adjacent to the Cyprus Shore Clubhouse near the intersection of Calle Ariana and Avenue de las Palmeras and to protect public safety and property a temporary emergency sewer bypass was installed by City staff on September 20, 2021. In addition, a bypass of the storm drain in Avenue de las Palmeras and the private beach access road may be Utilities Agenda Report
10-19-21 / 98-1
7-19-22 / 4L-6
i._
Agenda Report Page 2
necessary to accommodate urban runoff and storm flows until the bluff is stabilized and rebuilt. Design analysis to address urban runoff and storm flows is ongoing, and alternative methods may be implemented.

The temporary emergency sewer pump station bypass is utilizing two existing. manholes and pumps with generator power to convey wastewater in above ground piping to the sewer forcemain. This type of operation should be considered temporary due to lack of storage within the system and is recommended for continuous monitoring to prevent a sewer spill in the event a pump or generator fails to operate.

Due to limited City staffing and to ensure preventative maintenance activities are being completed by City staff for other facilities, O'Connell was hired to perform pump watch for a cost of $83,988 for 30 days. Staff contacted four companies and O'Connell provided the lowest informal bid, Xylem provided a bid in the amount of $123,000 per month. Newest and J.R. Filanc did not provide a bid due to lack of available staffing.

Due to the emergency nature of wastewater pump station operation, AKM Consulting Engineers was hired to design a temporary pump station to ensure uninterrupted operation by adding power, telemetry and wastewater storage instead of relying on storage within existing manholes and pipelines that can clog from debris and grease.

The additional capacity created from storage can be utilized in conjunction with the existing pump station which will increase available response time in the future when operation failures of Cyprus Shore Pump Station occur. Due to the need for increased capacity, the Sewer Connection Fee Reserve is being recommended to fund the temporary pump station. Additional funding, material purchases and construction costs are anticipated and will be considered as more information becomes available.

To assist with the design and construction for temporary relocations of the wastewater pump station and storm drain, AKM Consulting Engineers was hired for an amount not to exceed $98,464. O'Connell was hired for 30 days of pump watch in the amount of $83,988, with an option to extend the contract for an additional 30 days and $40,000 for installation of the Storm Drain Emergency Bypass. In addition, 500 linear feet of High Density Polyethylene pipe and fittings was ordered from P&F Distributors in the amount of $122,392. Dudek Engineering was contacted and will provide construction management and inspection services, through an existing on-call agreement, for the duration of the emergency construction relocations. The City Manager has the authority to approve emergency contracts and purchases when there is a need to protect public health and safety per Section 3.40.070 of the City of San Clemente Municipal Code.

The estimated cost for temporary wastewater service operations, temporary sewer pump station design and temporary relocation of the storm drain are shown on the following page.
10-1 9-21 / 98-2
7-19-22 / 4L-7
Agenda Report
Recommended
Sewer Costs
Emergency Pump Station Operation Estimated Costs
Pump, Piping and Fittings $ 8,000/month
700/month
10, 000/month
84,000/month
K-Rail
Generator
Pump Watch (O'Connell)
Subtotal
Total (Assumes two months of operation)
Temporary Pump Station Relocation Estimated Costs
102, 700/month
$205,400
Engineering $ 48,580
15,000
25,000
Administration/Permitting
Power (Transformer and Meter)
Inspection/Construction Management
Manhole/Wetwell
Construction
Total Cost
Storm Drain Costs
Temporary Relocation Costs
Engineering
Administration/Permitting
Inspection/Construction Management
500' of 36-inch HOPE Pipe and Fittings
Construction
Contingency
Sandbags
K-Rail (550/month X 4 months)
Total Cost
TBD
TBD
TBD
$ 88,580
$ 49,884
15,000
10,000
125,000
40,000
10,116
3,800
2,200
$256,000

Page 3 ends

Action: STAFF RECOMMENDS THAT the City Council:

1. Make a finding that an emergency exists 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 an appropriation in the amount of $205,400 to Account Number 054-476- 45300-000-12209 from the Sewer Fund Depreciation Reserve; 10-19-21 / 98-3
7-19-22 I 4L-8
Agenda Report Page 4

4. Approve an appropriation in the amount of $88,580 to Account Number 054-477- 45300 from the Sewer Connection Fee Reserve;

5. Approve an appropriation in the amount of $256,000 to Account Number 059-553- 45300-000-12004 from the Storm Drain Fund Depreciation Reserve;

6. Ratify a Construction Contract with O'Connell Engineering and Construction, Inc. on a time and materials basis for up to $83,988 and authorize the City Manager to extend the Contract for an additional 30 days, if needed, for Cyprus Shore Emergency Pump Station Bypass Operation, Project No 12209;

7. Ratify a Construction Contract with O'Connell Engineering and Construction, Inc. on a time and materials basis for up to $40,000 for Cyprus Shore Storm Drain Emergency Relocation, Project No 12004;

8. Ratify a purchase with P&F Distributors for storm drain pipe and fitting in the amount of $122,391.75 for Cyprus Shore Storm Drain Emergency Relocation, Project No 12004: and,

9. Ratify an Emergency Professional Services Agreement with AKM Consulting Engineers on a time and materials basis for up to $98,464 for Cyprus Shore Storm Drain Emergency Relocation and Cyprus Shore Emergency Pump Station, Project No.'s 12004 and 12209.

Attachments: 1. Location Map.

2. Construction Contract with O'Connell for Cyprus Shore Emergency Pump Station Bypass Operation.

3. Construction Contract with O'Connell for Cyprus Shore Storm Drain Emergency Relocation.

4. P&F Distributors Quote.

5. Professional Services Agreement with AKM Consulting Engineers for Cyprus Shore Storm Drain Emergency Relocation and Cyprus Shore Emergency Pump Station.

Notification: None.
i:\cu\secure\staff\admin\agenda-admin reports\2021 admins\10-19-21\10-19-1 r cyprus shore emergency projectdocx.docx 10-19-21 /9B-4
7-19-22 / 4L-9
Attachment 4
----
Agenda Item C? .___j
Approvals: fl
AGEf\lDA REPORT Ciiy Manager ~/' (J::i
_ Dept Head p(Z.

SAN CLEMENTE CITY COUNCIL MEETI NG Attorney
A?5: 1!P?tM&h%dfl&%%S¼ZRW~~-: :::=~t~: :~:::= .c,•q~ m¾ffe•••Mfi•l4fr%¥~~::ii; +-'n-,·~- Department:

Prepared By:

Subject:

Utilities
David Rebensdorf, Utilities Director D fZRATIFICATION OF EMERGENCY PURCHASES AND SUPPLEMENTAL FUNDING FOR CYPRUS

SHORE PUMP STATION EMERGENCY OPERATION AND CYPRUS SHORE STORM DRAIN EMERGENCY RELOCATION, PROJECT No. 's 12209 AND 12004.

Fiscal Impact: Yes. $205,400 was approved for an initial 60 days of emergency bypass pump station operation. An additional 60 days of operation is recommended with funding from a supplemental appropriation in the amount of $236,000 from the Sewer Fund Depreciation Reserve to Account No. 054-476-45300-000-12209.

The initial estimated cost for the temporary relocation of the storm drain was $256,000.

Based on design and procurement of materials, the updated cost estimate is $411,000. Staff is recommending a supplemental appropriation in the amount of $155,000 from the Storm Drain Fund Depreciation Reserve to Account No. 059-553- 45300-000-12004.

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

Summary: Coastal bluff movement at Cyprus Shore necessitated an emergency response to ensure uninterrupted wastewater and storm drainage. On September 20, 2021 , City staff installed a temporary emergency sewer bypass pump system adjacent to the Cyprus Shore Clubhouse near the intersection of Calle Ariana and Avenue de las Palmeras. In order to protect public health and safety, the City Council ratified the emergency Professional Services Agreement and construction contracts approved by the City Manager with AKM Consulting Engineers and O'Connell Engineering and Construction, Inc. (O'Connell) and an initial appropriation of funding for expenditures, including construction management/inspection services for Dudek Engineering, material purchases and rentals at its October 19, 2021 City Council Meeting. With the need for continued operation of the pump station with pump watch while a more permanent facility is constructed and based on detailed design of the storm drain relocation, additional funding is being recommended. In addition, due to lack of availability of materials and changes in suppliers, ratification of purchases is required.

Background: To continue sewer service to approximately 400 homes within the Cyprus community while design and construction of a temporary pump station with electric power and monitoring capabilities, additional costs for pump watch are needed. Staff is anticipating approximately 60 additional days may be needed for pump watch to ensure uninterrupted service and to prevent a sewer spill. O'Connell was hired through Utilities Agenda Report
12-7-21 / 6J-1
7-19-22 / 4L-10
Agenda Report Page2
an emergency contract to provide 30 days of pump watch for $83,988 which was extended for 30 days as previously authorized by the City Council. Several temporary and permanent pump station options were evaluated which requires additional time to for design. Staff is recommending the City Council authorize the City Manager to approve a contract change order for as needed pump watch for an additional 60 days with O'Connell. In addition, funding is needed for expenditures related to rentals and purchase of materials, such as, electrical equipment, piping, pumps, emergency generator and fuel to operate the temporary pump station. The temporary relocation of the pump station is under design and electrical power is being installed by SDG&E.

S1aff anticipates completion of pump watch in February 2022. Once design is finalized, staff will recommend additional funding and contracts for the temporary relocation of the pump station.

The storm drain above ground bypass is under construction and consists of approximately 500 linear feet of above ground 36-inch High Density Polyethylene (HOPE) Pipe and 100 linear feet of 18-inch HOPE Pipe routed south of the association Clubhouse and through the private community park. K-rail, sandbags and visqueen will be utilized to route nuisance and storm flows around the clubhouse and into the 18-inch storm drain (see Exhibit 2). Due to an issue with availability of pipe, the ratified purchase from P&F Distributors by the City Council on October 19, 2021 was not completed. Fortunately, storm drain pipe and fittings were available through Envirocon Systems in the amount of approximately $120,000. In addition, staff is requesting the City Council ratify a construction contract with Sancon Technologies, Inc. in the amount of $57,280 to install approximately 225 linear feet of liner from the above ground junction structure near the clubhouse to the intersection of Avenue de las Palmeras and Calle Marlena due to increased pressure in the storm drain caused by the above ground piping. Construction for the relocation of the storm drain is anticipated to be complete by the end of December 2021.

The City Manager has the authority to approve emergency contracts and purchases when there is a need to protect public health and safety per Section 3.40.070 of the City of San Clemente Municipal Code. The estimated cost for temporary wastewater service operations and temporary relocation of the storm drain are shown below.

Emergency Wastewater Operation Cost Estimate
Pump, Piping and Fittings
K-Rail
Generator
$ 8,500/month
700/month
11 ,000/month
•• •• ·- D1ese1Fue1 • -- ••••• -·--·-- --- T,80U/mon1h-- Pump Watch (O'Connell}
Contingency 10%
Subtotal
Total (Assumes two months of operation)
84, 000/month
10,000/month
118,000/month
$236,000
12-7-21 / 6J-2
7-19-22/4L-11
Agenda Report
Recommended
Storm Drain Temporary Relocation Costs
Approved Initial Estimate
Engineering
Administration/Permitting
Inspection/Construction Management
500' of 36-lnch HDPE Pipe and Fittings
Construction
Contingency
Sandbags
K-Rail (550/month X 4 months)
Total Cost
Current Cost Estimate
Engineering
Administration/Permitting
Inspection/Construction Management
500' of 36-inch -and 100' of HOPE Pipe and Fittings
Thrust Restraint Pipe Clamps
Construction
36-inch Storm Drain Liner
Contingency 12%
36-inch Storm Drain Plug Rental and Maintenance
Sandbags
K-Rall (700/month X 6 months)
Total Cost
$ 49,884
15,000
10,000
125,000
40,000
10,116
3,800
2,200
$256,000
$ 49,884
15,000
22,500
120,000
20,000
40,000
60,000
40,616
35,000
3,800
4,200
$411,000

Page 3 ends

Action: STAFF RECOMMENDS THAT the City Council:

2. Declare that the public interest and necessity demand the immediate expenditure ---· -• -··of publrc·fands-to-safegaard-pab'lic-health~ ------ - -

3. Approve a supplemental appropriation in the amount of $236,000 to Account Number 054-476-45300-000-12209 from the Sewer Fund Depreciation Reserve;

4. Approve a supplemental appropriation in the amount of $155,000 to Account Number 059-553-45300-000-12004 from the Storm Drain Fund Depreciation Reserve;
12-7-21 / 6J-3
7-19-22 I 4L-12
i
I
i
l
,.

I
!
' i
I
;
j
.1
I
!
Agenda Report Page4

5. Authorize the City Manager to approve a change order with O'Connell Engineering and Construction, Inc. on a time and materials basis for up to $168,000 for Cyprus Shore Emergency Pump Station Bypass Operation, Project No 12209;

6. Ratify a purchase with Envirocon Systems for storm drain pipe and fittings in the amount of $120,000 for Cyprus Shore Storm Drain Emergency Relocation, Project No 12004: and,

7. Ratify a Construction Contract with Sancon Technologies, Inc. in the amount of $57,280 Cyprus Shore Storm Drain Emergency Relocation, Project No 12004.

Attachments: 1. Location Map.

2. Storm Drain Location Exhibit.

3. Envirocon Systems Initial Purchase Order.

4. Sancon Technologies, Inc. Construction Proposal for a 36-inch Storm Drain Liner.

The Construction Contract is on-file with the City Clerk's Office.

5. October 19, 2021 City Council Agenda Report without attachments.

Notification: None.
12-7-21 / 6J-4
7-19-22 I 4L-1 3

AGENDA REPORT
SAi\! CLEMENTE CITY COUNCIL MEETING
Meeting Date: February 15, 2022
AttachmenJ 5
Agenda Item . lo~
Approvals:

City Manager ttJJ A/2
Dept. Head () (<,
Attorney c-r
Financ~---.r-td-:---
Department: Utilities
Prepared By: David Rebensdorf, Utilities Director{) [Z
Subject: RATIFICATION OF EMERGENCY PURCHASES AND SUPPLEMENTAL FUNDING FOR CYPRUS SHORE PUMP STATION EMERGENCY OPERATION, PROJECT No. 12209.

Fiscal Impact: Yes. $441,400 was approved for an initial 120 days of emergency bypass pump station operation. An additional 90 days of operation is recommended with funding from a supplemental appropriation in the amount of $354,000 from the Sewer Fund Depreciation Reserve to Account No. 054-476-45300-000-12209. There is sufficient fund balance within the proposed fund for the recommended supplemental appropriation.

Summary: Coastal bluff movement at Cyprus Shore necessitated an emergency response to ensure uninterrupted wastewater and storm drainage. On September 20, 2021, City staff installed a temporary emergency sewer bypass pump system adjacent to the Cyprus Shore Clubhouse near the intersection of Calle Ariana and Avenue de las Palmera.s. In order to protect public health and safety, the City Council ratified the emergency Professional Services Agreement and construction contracts approved by the City Manager with AKM Consulting Engineers and O'Connell Engineering and Construction, Inc. (O'Connell) and an initial appropriation of funding for expenditures, including construction management/inspection services for Dudek Engineering, material purchases and rentals at its October 19, 2021 City Council Meeting. With the need for continued operation of the pump station with pump watch while a more permanent facility is designed and constructed, additional operational funding was approved on December 7, 2021. To allow for procurement of materials and construction of a temporary pump station, an additional 90 days may be needed for emergency wastewater pumping operation.

Background: To continue sewer service to approximately 400 homes within the Cyprus community while construction of a temporary pump station with electric power and monitoring capabilities, additional funding for pump watch and equipment and materials is needed. Design has been completed for the temporary pump station and informal bids are anticipated by the middle of February. Staff is antic_ipating approximately 90 additional days may be needed for pump watch to ensure· uninterrupted service and .to prevent a sewer spill. If possible, the time .the services are needed will be reduced based on availability of equipment and pow~_r_: •
Staff is recommending the City Council authorize the _City Manager to approve a contract change order for as needed pump watch based on the estimated costs for Utilities Agenda Report
2-15-22 I 6J -1
7-19-22 / 4L-14
(
Agenda Report Page 2
rental and purchase of materials, such as, electrical equipment, piping, pumps, emergency generator and fuel to operate the temporary pump station as shown below._- .

Recommended
. .

EmerQency _wastew~~er Operation Cost Esti_mate •• ': .'.

PUmp, Piping and Fittings . ..

K-Rail
Generator
Diesel Fuel
Pump Watch (O'Connell)
Contingency 10%
Subtotal
Total (Assumes three months of operation)
• $ 8,.500/month
700/month
11,000/month
3,800/month
84, 000/month
10,000/month
118,000/month
$354,000
Action: STAFF RECOMMENDS THAT the City Council:

1. Approve a supplemental appropriation in the amount of $354,000 to Account Number 054-476-45300-000-12209 from the Sewer Fund Depreciation Reserve; and,

2. Authorize the City Manager to approve a change order with O'Connell Engineering and Construction, Inc. on a time and materials basis for up to $354,000 for Cyprus Shore Emergency Pump Station Bypass Operation, Project No 12209.

Attachments: 1. Location Map.

2. October 19, 2021 City Council Agenda Report without attachments.

3. December 7, 2021 City Council Agenda Rep.art without attachments.

Notification: None.
l:\cu\secure\staH\admin\agenda-admln reports\2022 admlns\2-15-22\2-15-22-4r cyprus shore emergency project,docx • . - . : ........ . --·· ... _ : •~:, -· :: - -· ·-.. • 2-15-22 / 6J -2
7-19-22 I 4L-15
. . .. . ··-.:• . .
~ l, •• ~ u , i ..,,,,..('1')
• :

Department:

Prepared By:

Subject:

Fiscal Impact:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: April 5, 2022
Utilities
David Rebensdorf, Utilities Director ·O ~
Attachment 6
Agenda Item lo J
Approvals:

City Manager £, 1~
Dept. Head () {?._
Attorney C ::J
Finance } ul"--

RATIFICATION OF EMERGENCY PURCHASES, CONSTRUCTION CONTRACT WITH O'CONNELL

ENGINEERING & CONSTRUCTION FOR CYPRUS SHORE PUMP STAT/ON RELOCATION, AND FIRST AMENDMENT To A PROFESSIONAL SERVICES AGREEMENT WITH AKM CONSUL TING ENGINEERS, PROJECT No. 's 12004AND 12210.

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

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

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

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

Background: Coastal bluff movement at Cyprus Shore necessitated an emergency response to ensure uninterrupted wastewater and storm drainage. On September 20, 2021, City staff installed a temporary emergency sewer bypass pump system adjacent to the Cyprus Shore Clubhouse near the intersection of Calle Ariana and Avenue de las Palmeras. In order to protect public health and safety, the City Council ratified the emergency Professional Services Agreement and Construction Contract approved by the City Manager with AKM and O'Connell and an initial appropriation of funding for expenditures, including construction management/inspection services for Dudek Engineering, material purchases and rentals at its October 19, 2021 City Council Meeting. With the need for continued operation of the pump station with pump watch while a more permanent facility is designed and constructed, additional operational Utilities Agenda Report 4-5-22 I 6J-1
7-19-22 I 4L-16 j_
Agenda Report Page 2
funding was approved on December 7, 2021 and February 15, 2022. Design was completed for the Pump Station Relocation by AKM and bids were received.

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

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

O'Connell Engineering and Construction, Inc.

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

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

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

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

Project No. 12004 - Cyprus Shore Storm Drain Emergency Relocation, the Emergency Storm Drain Relocation is partially constructed due to negotiations between the City and Cyprus Shore HOA related to its placement. The pipeline and fittings have been purchased, the pipeline has been partially placed and stored above 4-5-22 I 6J-2
7-19-22 / 4L-17
Agenda Report Page 3
ground have been constructed. Based on a time and materials basis, approximately $130,000 has been spent with O'Connell for equipment, staffing and materials. The original contract was approved for $39,405 with a change order in the amount of $31,230 approved within the project contingency limit. Based on actual construction costs to date, the City Manager approved a change order in the amount of $59,000.

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

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

Recommended
Action: STAFF RECOMMENDS THAT the City Council:

1. Make a finding that an emergency continues to exist due to the potential failure of an existing sewer pump station and storm drain ·system and that the situation requires immecjiate action to prevent or mitigate impairment to property and public seNices, 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 Number 054-477-45300-000-12210 from the Sewer Connection Fee Reserve for Cyprus Shore Pump Station Relocation, Project No.12210;

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

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

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

7. Approve and authorize the City Manager to execute, Amendment No. 01 to Contract C21-43 by and between the City of San Clemente and AKM Consulting Engineers. This Amendment increases the contract amount from $98,464 to $175,622 (an increase of $77,158).
4-5-22 I 6J-3
7-19-22 I 4L-18

CITY OF SAN CLEMENTE

CONTRACT CHANGE ORDER
PROJECT: Cyprus Shore Emergency Bypass Monitoring Contract PROJECT NO. : 12209
OWNER: City of San Clemente
PROJ. MGR.: David Rebensdorf, Utilities Director
CONTRACTOR: O'Connell Engineering and Construction Inc
36572 Deauvil/e Road
Winchester, CA. 92596
Original Contract Amount:

Previous CCO(s) Amount:

This CCO Amount:

Revised Contract Amount:

Notice to Proceed Date:

Original Contract Completion Date (30 Days):

Extended Calendar Days Through Previous CCO's:

Extended Calendar Days By This CCO:

Total Extension Calendar Days:

Extended Date for Completion:

Substantial Completion Date:

Attachment 7
Change Order No.: 04
Date: 6/3/2022

Page 1 of 1 ends

$83,988.00
$504,000.00
$255,000.00
$842,988.00
10/20/21
11/03/21
180
90 270
N/A
08/03/22
We hereby agree to extend the original contract by 90 days per this Change Order. This Order shall not be considered as such, until ii has been signed by the Contractor and approvals are provided by the City.

The amount indicated shall be compensation on a time and materials basis for the work described, including all time extensions; direct and indirect costs, incidental or consequential costs or expenses, that have been or will be incurred by the Contractor.

O'Connell Engineering and Construction Inc
(Approval)
.--; ... .,f?";l:"A( .... •~1;_,~~'2 :1~ .,• ~/ By: ____________ _ CITY OF SAN CLEMENTE ,,.---
(Approvals) // /
By 'F
By: ____ ______ __ _
Title: President Date: 6-3-22
Title: Utilities Director/Construction Mgr Date: {/ \5/ 2..l Title: City Manager Date: _ ____ _
7-19-22 I 4L-19
I

CITY OF SAN CLEMENIE

CONTRACT CHANGE ORDER
Exhibit "Ac"
Cyprus Shore Emergency Bypass Monitoring Contract
Project No.: 12209
I I Force Acct. or '
!
Item 1 Contract Extended Negotiated
No. Description Qty. I llllilit Unit Price Total Price
Cyprus Shore Emergency Bypass I
A Monitoring Contract 1 LS I n/a n/a $255,000·.00
Account# 054-476-45300-000-12209
' 'continued monitoring services through
8/3/22
I
: s
I
C I
I I SUBTOTALS: $0.00 $255,000.00
Total Price for this Contract Chanae Order= $255,000.00 CCO#; 04
Date: 06/03/22
Page: 2 of 2
nme Extension Total nme I
(Calendar Days) Extension
.weather Other (CD)
0 90 270·
I
I
!
I
Total Time Ext. : 270
7-19-22 I 4L-20
Attachment 8

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULT ANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this __ day of ____ , 2021, 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 0 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 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 engineering consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents tnat it is experienced in providing professional engineering 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 engineering consulting services for the Cyprus Shore Storm Drain Relocation (collectively referred to as "Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope- of Services and Tenn.

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 engineering 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 May 31 , 2022 to May 31, 2024 unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this_ Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor: Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. 1 55452.01100\31193624.5
7-1 9-22 / 4L-21
Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shal l be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall 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 r eguest of City, Consultant shall provide a more detailed schedule of anticipated perfor11J_ance to meel_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 ·rurnished 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 compet~nce l:JP.On wd_tten 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 ttie 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 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 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 Zeki Kayiran, Principal, or his/her designee, to act as its representative for the performance of this Agreement 2 55452.01100\31193624.5
7-19-22 / 4L-22
("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.

3.2.9 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 subconsultahts have all licenses, permits, qualifications and approvals of whatever nature that are legally r~uired 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 of tt}iSAgreement, Cq_nsultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions 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 safely of persons or property, or any employee who fails or refuses to perform the Services in ~ manner as_ceptable 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, sfate 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 requir~ by law. Consultant shall be liable for all violations of such laws and regulations in connectio11_ w_ith 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 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 55452.01100\31193624.5
7-19-22 I 4L-23

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 pol icies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total com pensation shall not exceed Ninety Eight Thousand Four Hundred and Twelve Dollars ($98,412) 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. ,.-,.
,;fi:/

3.3.2 Payment of Compensation. Consultar.,~ hall submit to City a monthly invoice which indicates work completed and hours of S€lrylls r:e,(ldered by Consultant. The invoice shall describe the amount of Services provide~ ir:ice the initi~ commencement date, or since the start of the subsequent billing periods, as cilt:>Pfbpriate, through, the date of the invoice.

City shall, within 30 days of receiving such invoic~ view t~e invoice "and pay all non-disputed and approved charges thereon. If the City disputeS<~¥.!.ci_F,Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of reo~ of an invoice of any disputed fees set forth therein. ' i8. ~ ""-,Ji ...

3.3.3 Reimbursement for Exp~se§r ~ns'ultant shall not be reimbursed for any expenses unless authorized in wri~r1tffiy 'City, bf included in Exhibit "D" of this Agreement. £ ,.

3.3.4 Extra wdr At ariy ime., uring the term of this Agreement, City may ~equest th_at Consult_ant perform 'E,~~a, orR. As used herein, "E~ra Work" me~ns any wor~ which Is determined by City 9:-1?:!:L ecessary for the proper completion of the ProJect, but which the Parties did not reason_a]51y anficmate wr:,uld be necessary at the execution of this Agreement.

Consultant shall not<gerform, nor'
16'e cotrlpensated for, Extra Work without written authorization from the City. . A, i

3.3.5 Rate ln'cref s. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forfl1 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 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, 4 55452.01100\31193624.5
7-19-22 / 4L-24
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.

3.4 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 transcripfs or copies of such records and any other documents created pursuant to this Agreement. ConSIJ!ta_Dfshall allow inspection of all work, data, documents, proceedings, and activities relat_ed to the- /fgreement for a period of four (4) years from the date of final payment under this Agreerrient.

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 or;ily 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 ca~_se.

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.

City:

AKM Consulting Engineers, Inc.
553 Wald
Irvine, CA 92618
ATTN: Zeki Kayiran
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: City Manager; or David Rebensdorf, Utilities
Director
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. , .,_"1 j'/

3.5.3 Ownership of Materials and ConfidentialffY:~ .,.,,-

3.5.3. 1 Documents & Data: Licei'\"sing 0fL Intellectual Property. This Agreement creates a non-exclusive and perpetual lic~n~ for City to e.~y, use, modify, reuse, or sublicense any and all copyrights, designs, and ~tflr-' intel~ctual prop'erty embodied in plans, specifications, studies, drawings, estimates, and otner2dostir1·ments or works of authorship fixed in any tangible medium of expression, including but not imited to, physical drawings or data magnetically or otherwise recorded on comfut~diskett'es ~ hich are prepared or caused to be prepared by Consultant under this Agreemen f'Doculnents Bi Data"). Consultant shall require all subconsultants to agree in writing that City is1~ran elf' a non~exclusive and perpetual license for any Documents & Data the subconstf taqt-prepar':t under this Agreement. Consultant represents and warrants that Consultant '2_as1 he r~al riglit to license any and all Documents & Data.

Consultant makes no such repe"sentatibA arn:L.~a ranty in regard to Documents & Data which were prepared by design professter.ia1s otfierthan Consultant or provided to Consultant by the City. City shall not be limitea:]n~any"'w~t in its use of the Documents & Data at any time, provided that any such use not wtffin th~ u, as.e;;,.intended by this Agreement shall be at City's sole risk.

3.5,3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriP,tions, computer program data, input record data, written information, and other Docl!_ments & Data either created by or provided to Consultant in connection with the perform an 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.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written 6 55452.01100\31193624.5
7-19-22 I 4L-26
(
notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harm less 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.

3.5.5 Attorney's Fees. If either party commences an a_c::tion 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 a~ -'recover from the losing party reasonable attorney's fees and all other costs of such acti~

3.5.6 Indemnification. • V

3.5.6. 1 To the fullest ext~ r ermjtted by law, 'Consultant shall defend (with counsel of City's choosing), indemnify and n01t1 tlf~,.City, its directors, officials, officers, employees, volunteers and agents free and harmless f~om any and all claims, demands, causes of action, costs, expenses, liability, loss, da~ e-or injury,o any kind, in law or equity, to property or persons, including wrongful death, in any rt:1anne~sing 'out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful\ iscofiauct.,. of Consultant, its officials, officers, employees, subcontractors, conslllt~or agri_ts in connection with the performance of the Consultant's Services, the Proj;,?f$ thi~ Agreel"(!_ent, including without limitation the payment of all damages, expert witness ee~ n tt~cney's fees and other related costs and expenses. Consultant's obligatioo t0Jndemnify shall not be restricted to insurance proceeds, if any, received by Consultartt-;-;t'he CffyLits officials, officers, employees, agents, or volunteers. ~.,,,- ~ .. A,r ' , 3,,_5.6.2 If.: Consultant's obligation to defend, indemnify, and/or hold harmless arises out or~nsultan't'
1 s performance as a "design professional" (as that term is defined under Civil Code s~tiq_rl2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully~otporated 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.
7 55452.01100\31193624.5
7-19-22 I 4L-27

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 deerri¢d' calendar days and not work days. All references to Consultant include all personnel, em~es, agents, and subconsultants of Consultant, except as otherwise specified in this Agreero.,.~~ 11 references to City include its elected officials, officers, employees, agents, and volunt.~ers except~ s otherwise specified in this Agreement. The captions of the various articles an9',i;>'%graphs a~- or:, convenience and ease of reference only, and do not define, limit, augmer::1(.,or describe the scope; content, or intent of this Agreement. D
. 3.5.14 Am~n~ment: Modificafiob~~~ s_u_~ en~. modification, or ~mendment of this Agreement shall be binding unless exedJfediR-Wntio.g aaa signed by both Parties. • ~ -P·

3.5.15 Waiver. No.L~ i~ of a9y, ciefault shall constitute a waiver of any other default or breach, whether of the7same .,or otl'le \ covenant or condition. No waiver, benefit, privilege, or service voluntaril( Qiyen ,0ri J3er::for~ cl by a Party shall give the other Party any contractual rights by custom, estoppe1, or otherwise.
-"'~

3.5.16 Mo7 Thir~~arty Beneficiaries. There are no intended third party beneficiaries of any rig_nt or obligati~n assumed by the Parties.

3.5.17 I nvalt€1ity: ~e~erability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenfo~cea~I~ by a court of competent jurisdiction, the remaining provisions shall continue in full force ancfeffect.

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 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 8 55452.01100\31193624.5
7-19-22 I 4L-28
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.

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 com ply with such provisions before commencing the performance of the Services.

3.5.22 Counterparts.
which shall constitute an original.

3.6 Subcontracting.

This Agreement ma¥7 lfe si ned in counterparts, each of _.(~ /,7 Ji f' ✓ ,.,._
''\a ' .· , ~· ...

3.6.1 Prior Approval Required. Con~1:dant shall not subcontract any portion of the work required by this Agreement, except..,.as expre"§°~y stated herein, without prior written approval of City. Subcontracts, if any, sh'all\ conta·n ~provision making them subject to all provisions stipulated in this Agreeme~~- " ~ , -.
\ ~,
9 55452.01100\31193624.5
7-19-22 I 4L-29
IN WITNESS WHEREOF, the parties hereto have caused th is Agreement to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By: _ _ _________ _
ATTEST: Its: ___________ __ _
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

BEST BEST & KRIEGER
City Attorney
APPROVED AS TO AVAILAB!.LJT~Y: '\ \ ~-.

OF FUNDING: .' } l ~ \
,,:~ ;'
.J •~A -..v-.•
, i'..
10 55452.01100\31193624.5
Dated: _________ , 20 __
- ----
("CONSUL TANT")
By: _____ _ ______ _
Its: --- ----------
Dated: _ _______ , 20 __
7-19-22 / 4L-30
55452.01100\31193624.5
EXHIBIT "A"

SCOPE OF SERVICES
11 7-19-22 I 4L-31
~
---
---
---
---
AKM Consulting Engineers
553 Wald
Irvine, CA 92618
Telephone: 949. 753. 7333 Facsimile: 949. 753. 7320
www. akmce. cam
May 25, 2022
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attention: Mr. David Rebensdorf, Utilities Director
Mr. Amir llkhanipour, Senior Civil Engineer
Subject: Proposal for the Cyprus Shore Storm Drain Refocation Project Water Resources
lnft-astr11ct1.1re
Construction Management
In response to your request for proposal for the Cyprus Snore Storm Drain Relocation project within the Cyprus Shore Community, AKM Consulting Engineers (AKM) is plea~ed to submit the attached revised proposal, fee schedule and implementation schedule.

Key contact information for this proposal is:

Zeki Kayiran, P.E., Principa - AKM Consulting Engineers, Inc. - 553 Wald, Irvine, CA 92618 Phone: 949-753-7333- FAX: 949-753-7320- email: [email protected] We appreciate the opportunity to submit our proposal and look forward to expeditiously provide this service to the City of San Clemente. Should you have any questions or require additional information, please do not hesitate to contact the undersigned or Nadeem Majaj_at (949) 753-7333.

Very truly yours ,
AKM Consulting Engineers
Zeki Kayiran, P.E.

Principal
7-19-22 I 4L-32

CYPRUS SHORE STORM DRAIN RELOCATION PROJECT
The City of San Clemente (City) experienced a landslide on or about September 16, 2021 along bluffs bordering the Cyprus Shore Community. The City owns and operates various utilities in the vicinity including a storm drain, a gravity sewer collection system, and a sewer lift station, among others. The landslide damaged the Cyprus Shore storm drain and the sewer lift station.

The City hired AKM for the preparation of plans, specifications and engineers estimate for the relocation of the lift station. The City also intends to also relocate the storm drain from its existing alignment to an alignment which is generally depicted in the figure below (in red). This alignment is the resu It of the City considering several alternatives, in coordination with Cyprus Shore Home Owners Association, who owns the underlying right-of-way for the proposed/relocated storm drain.

The City requested AKM to prepare a proposal for the preparation of plans, specifications and engineers estimate for the storm drain relocation project.

C:
w ~ Iii e ~ iii 0
.., .... in ~
cu .,,- z "' 0 ~ "' .t::.
~ V)
~ "' "' " !
2 7-19-22 I 4L-33

CYPRUS SHORE STORM DRAIN RELOCATION PROJECT
Section 11- SCOPE OF SERVICES
Based upon our understanding of the project, the following is the scope of work which AKM proposes to accomplish:
• Meet with the City and discuss the goals and criteria for the project. Of primary importance is to secure direction/understanding from the City on the required storm frequency for the design of the storm drain and the catch basins.
• Review existing record drawings, tract maps, topographic maps (2-foot contours), master plan of drainage document and other City-provided information. • Conduct field investigations and measurements to assess existing site conditions. • Identify needed pothole locations (for utility conflicts, if any), and request City's contractor to provide potholing, as needed.
• Identify geotechnical boring locations (primari ly for groundwater elevations and pipe bedding and backfill), and request City's consultant to provide sycfi,"on an as needed basis. • Complete a hydrology study of the areas tributary to the storm drain, in compliance with the Orange County Flood Control District (OCFCD) and City requirements. • Identify locations for catch basins at the inte~~ection of Aven_Lda De Las Palmeras, and and Calle Ariana.
• Complete hydraulic analyses of the proposeastorm drain system (including catch basins) in accordance with OCFCD criteria and City Requirements. Analyses will be conducted using the WSPG program (and hand computatIQns where nec~ssary).
• Prepare and submit construction plans.at the 75% and 100% design levels for City review. • Determine whether the CiiY-PIJfChaseg_ ~6-inch HDPE pipe has the hydraulic capacity to convey the required storm discharge. In the event that a portion of the pipe (or all) does not have the capacity, AKMwill recommend the appropriate size and material for the City's consideration.
• Prepare the Engineer's Estimate, which will be submitted at the 100% stage. The Engineer's Estimate will Q.e. based upon vendors' quotes, quantity estimates, and AKM's experience with similar work.
• Prepare legal descriptions a·nd exhibits for the relocated storm drain within the Avenida De Las Palmeras and Calle Ariana intersection as well as through the park (along the proposed alignment).
• Prepare technical specifications delineating project issues and technical requirements. The technical specifications will describe design and coordination features of the work, as well as provide requirements for materials, equipment, installation, workmanship, and any special requirements. Project specifications will be submitted at the 75% and 100% levels. Final specifications will be signed and sealed by a registered professional engineer in the State of California.
• Submit the final construction package which includes: a) signed drawings; b) engineer's estimate and bid schedule; c) camera-ready specifications; d) copies of standard drawings; and f) electronic files for AutoCAD drawings and the specifications in Word format. • Attend progress review meeting with City staff at the 75% plan submittal. • Provide engineering support during the bidding and construction phases. 3 7-19-22 I 4L-34

CYPRUS SHORE STORM DRAIN RELOCATION PROJECT
Assumptions
• The City will provide an electronic 2-foot contour intervals topographic file, in AutoCAD or Microstation format, which covers the entire Cyprus Shore watershed. • The City will provide all available files/documents, which are essential for the preparation of the hydrology study.
• The City will coordinate approvals of the Cyprus Shore Community Home Owners Association and property owners, as needed.
• The City wil l be responsible for securing the required construction and permanent right-ofway easements. • AKM's services do not include any environmental/regulatory tasks including those associated with the California Coastal Commission, Regional Water Quality Control Board, California Fish and Wildlife and US Army Corps of Engineers.
• AKM's services do not include geotechnical work. Any needed geotechnical services will be provided by the City's geotechnica l consultant, through the City's project manager. • AK M's services do not include potholing work. Any neeaed potholing services will be provided by the City's potholing contractor, through t he City's project manager. 4 7-1 9-22 / 4L-35
-...J
I
...>.
co
I
N
N
--- .l>,.
r
I
w
0)
u,
AKM Consulting Engineers - Detailed Labor and Fee Breakdown ~ City of San Clemente
~ CYPRUS SHORE STORM DRAIN RELOCATION PROJECT

COMPENSATION/PAYMENT FEE SCHEDULE
••
-
-
--■ --· ■ •
..:
-
••• ••• •••
Task No. Tasl< Ol!SCription
llurdened lloorfy Rahi
u
g
~ ..
" 0
u
~
c
u
• C:
l:JJ')
TASK l • RESEARCH, FJELD INVESTIGATIONS AND MHlirlNGS ,;,,~'.' -~f]~.

Task 1.1 jn~-vlcw ofwstlngr«orc drawings.

T ~sk 1.2 IConduct field ln11~1ur;iUon ::md rnc:iun:r.,cnts u,;usc:u c.1,.1Unsslli: cond11;un1, Ttisk 1.3 jldentify 11t11ltJn Im.I rcqulni p:oLhoOn; ;,nd vcnfy dc ptM.-.M loi:.,tlon Task 1.4 IAttcml om.:prvj[ro:s~ fl:Vlcw mt.-.:l11114wllh City scnff;,tlho: 75':.f, plani:ubmltt-11 l ll lsueToTAL I l
ITASK z. SURVEY & LEGAL DESCRIPTION ]
T:tSk: 2 _ 1 Pn,p.1~ lt<pl dcs,ript1011i ;ind eld\iblu. for thc~torm dr.nn's propo~NI e,1,;c-mrnt:. (tn bi: (t>nYey.:d frorn !he ll0111e Own,:n t'\ssoc,auon n:, 1hc C,ry).

SUBTOTAL J 0
ITASK 3 - HYDROLOGY AND HYDRAULICS
T:isk l. l ::r~e:c:~·drolol}· study In comph:ince with the Or.ingt' County llydroloro,· M11nu~I :md 01)• T:isk 3 _
2 ~;,_~e ;i hydnul1c;in;i,lysls of the propo,~ f:,c:1ht)• xcordt~ to lh~ City lpprnved ~ltgnmenl thmu1:h1 SUBTOTAL I u
!TASK 4-FINAL PLANS, SPECIFICATIONS AND COST ESTIMATES
T.ask 4. t ]cu111plt'fc 75'1-• µIJns ordcslpi 11!:ins.

T;isk 4.Z IP~p,1~ pro,m:tSpeclllC1.bon1 :U 7S•M. i:l~sl&n pl:ms.

Task 4.3 feompt .. -u:/siibm lt Ulc fng, ncer°I EnJrmnl!. ban...S u pon tnv 75'!& cJ.c.,~t,n pl•ru.

Task 4,41Compktc/submlt 1001'.i .Jtstcn pl:ins whlch.iddn!'IS :Ill comments fmm the Cit')' .in.! uU\lty ciwnc:n. I Tnsk 4.5 leomplete/subm1tthe SUppli:mcnt:11 SpcclfiC'3Ucns ::11100,:, dt'11gn ;ilans. I Task 4.6JCompll'l..t/subrn1t the Engineer's Estlm111e, !i:u~ upon thl! IOC>K, do?Slgn pt::ins. I Task 4 _
7 c;::p::::i~':;~1:1
:~~s, Speclfir::itions and Eni:1n«l"li Estlm:itl:', wk1chl™Xifl1Ur:'lte::1II camml:nts I lsueTOTAL I 8
ITASK 5 -CONSTRUCTION SUPPORT
T3Sk 5.l ll'n:lvldc cng1n t'tnf\ASupportdun nathc bldd1n_land constn1c1.um ph.uc-; SUBTOTAL J 0

TOTAL LABOR II
I Other D lrcct Costs
l&peosn
TOTAL ESTIMATED FEE FOR ENGINEl:RINGI $2,629
0 " f~ " . ~=
" 0 :l':U
E
e
..
$232
12 26
Sril
"
1,
2<
,.
16 48
40 40
. "
= g
SJSB
"
20 "'
..
'""
40 •10
,.
2,1
"
156
= 0
~ 0
C
<
u
S110
..
16 16
92 .
>
1 !
<
-
o ·5
u
SOI
i'
:;. "'
"'
::, "' C
:,:
0:
0 a,
s
_,
g
I12
0 29
o I 4
80 ,. o I 136
... 1 '

12.J
6-1
"
32 ,.,
2-i I se
2< I Js•
-IO
0 40
•1 I 119 I 216 I 9z I Z4 S63
i S9,Sl l I 526,299 I SU,60B I 510,1?0 I Sl,9 44
i:l
...

C:
o-
.. :s: :s
_,_ ~
,-
~
S63Z
Sl,8%
S6J?
$1 ,0U,
S S,236.00
·-
c - "' = .go~
u ~ V. •
• C 0 0
- l:' ~-;
_,_ ."'
...
t- .§
~ t "' "'
"' ,- "' u 0 ~ :.:zo
V, - "' Cl)~ Cl.,
~Q~~ Cl.,:;: - "'"' > "' ,- ~ g j !-< "' 0
..,
0 "' ,- "'
S6lZ
S l,U'JC.

Sc,)2
~~-076
S 5,236.00
Sl!Y,1 s1.1uu I s.i.uu
s 884.oo I s 3.100.00 I s 4.,s,.oo
SIJ,'JHl:t 1 l~_qHfl
S'J,900 S'J,?00
s 2:u11111.oo s 2:1,011n.no
S IB,312 SHl.]12
S11,7l2 Sll.712
n.eu. 53,076
$6,114 $6,lM
$5.6HI SS,611:1
S2,6"8 S?,C,.18
S6,'Jl:M S6.?8.;
S 55.264.00 S 55,264.00
$11,IN0 SB,8•10
S 8,840.00 0,840
S 94,ll2.00 I S J;lll0.00 97,412
Sl ,000 S1,00 0
S<JS,11? I SJ.JOO $98,412
~
~ V)
V)
::c
0 ~ V)
~
0 ~
;:::
0 i
~ ~
0 n
>
~
-0
~
""0
~ ';;
~
-;-.J
.....
co
I
I\.)
I\.)
--~
r
I
w
-...J
TASK No.

TASK1
TASK2
TASK3
TASK4
TASK5
-
CJ)
IMPLEMENTAT:ION SCHEDULE
CYPRUS SHORE STO~M DRAIN RELOCATION PROJECT
TASK DESCRIPTION Month 1 Month 2 Month3
Research and field investigations •·.·;;.': ; I~ ..

Survey and legal description ~9.'." tf::rfi· .... ·
Geotechnical .. ,., !-: _;: .· t/' :'i;-.." hi-t• -,
Hydrology and Hydraulics .... . .. •;.

Plans, Specifications and Engineers Estimate
Month4
,.
~ ~
~ V')
V')
= 0
~ V')
'""3
0 ~ t:I
~ ~ ~
0 n
> ::j
0 ~
"'Cl
~
0 ti
n
'""3
EXHIBIT "A-I"

FEDERALLY REQUIRED PROVISIONS FOR SERVICES
NIA
/\
'-/~
• .
.. ,
1fi ,,.,A,, , ,· .t .. \ ~
-(~,;,,,,,,_~~
~~~ .
\ -~y
~
,,' , ... "'":\ ... w
1 /\
:;f
-~
1 55452.011 00131193624.5
7-19-22 / 4L-38
55452.01100\31193624.5
./!
EXHIBIT "B"

SCHEDULE OF SERVICES
N/A
" '. i
~;
.I
I
1 7-19-22 / 4L-39
EXHIBIT "C"

INSURANCE REQUIREMENTS

3. 2. 12 Insurance.

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

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partied 'performance of its obligations under such Agreement, shall procure and maintain in full force ·and effect during the term of the Agreement the following policies of insurance. If the existil)gJ,o jcies do not meet the insurance requirements set forth herein, Consultant agrees to ame~dl'supplement or endorse the policies to do so. ./(; • .,
./ 4 /
(A) Commercial G,~eral~taoility: Commercial General Liability Insurance which affords coverage at least as broa~~tfsurance Services Office "occurrence" form CG 0001 , or the exact equivalent, with lim~ of nofT~~han $1,000,000 per occurrence and no less than $2,000,000 in the general aggr~ te, De_tense_q,osts shall be paid•in addition to the limits. The policy shall contain no end orsemel\\,t\ or]r@\lrsio/'s (1) limiting coverage far contractual liability; (2) excluding coverage for ~ ims or suifS."J)Y on'e1nsured against another (cross-liability); or (3) containing any other exclu~,Lop(s)~ ntrary t~ the terms or purposes of this Agreement. ,7 \.~
(B)"'\ A4.tom.o.;·ue7 Liability Insurance: Automobile Liability Insurance with coverage 9Ll.east af'tirbad aslnsurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1)~ the exact equ_tx:alent, covering bodily injury and property damage for all activities with limits Qfpot less t han $'1',,000,000 combined limit for each occurrence. Workers' Compensation: Wor~r&.' Compensation Insurance, as required by the State of California and Employer's Liability Insurance wit~ a limit of not less than $1,000,000 per accident for bodily injury and disease. '¾..,,,/ 't/ •. ,, ·,f
(C) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant's profession with limits of not less than $1 ,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

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:
55452.01100131193624.5
7-19-22 / 4L-40
(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, Consultant 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 notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (8) Automobile Liability:
/
(1) Cancel lation: e equ red insurance policies shall not be canceled or the coverage reduced until a thirty (30) dav.~written notice of cancellation has been served upon the City except ten (10) days shall be ~ wefd for non-pay_ment of premium.

3.2.12.4 Profession al Liabi~ rf & Omissions):
(A) Cance~ati0i:i: Req~ed insurance policies shall not be canceled or the coverage reduced until a thirty'fS'O) daY, written notice of cancellation has been served upon the City except ten (10) days sh~be allowecffor non-payment of premium. (B).-.r-?c~ tnactua Liability Exclusion Deleted: This insurance shall include contractual liabilit{applicable-to,this {'greement. The policy must "pay on behalf of" the insured and include a provisi . n es abllshing-tne insurer's duty to defend. 1 .2.12.5 Work~' Compensation:
(A) \\ Cancellation: Required insurance policies shall not be canceled or the coverage reducJ l ntil a thirty (30) day written notice of cancellation has been served upon the City exceptJ'e (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.

3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
55452.01100131193624.5
7-19-22 I 4L-41

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 b.e filed with the City. If such coverage is cancelled or reduced and not replaced immediat!EJy so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days aftef_f!;!ceipt of written notice of such cancellation or reduction of coverage, file with the City evitfence of insurance showing that the required insurance has been reinstated or has been provjcfed through nether insurance company or companies. ,,I_,/ ,I:.," , _.l,,>

3.2.12.10 Failure to MaintaiK Goverage. In the event any policy of insurance required under this Agreement does not corrfp~~ ith these specifications or is canceled and not replaced immediately so as to avoi~a~se in tfi~ r~quired coverage, City has the right but not the duty to obtain the insurance it dee~s necessari "'arld any premium paid by City will be promptly reimbursed by Consultant or (2ty wil l!h 0Ia·amounts sufficient to pay premium from Consultant payments. In the alternatjye, Gity ma~ cancel this Agreement effective upon notice.

A/ )) 3.2.12.11 Acceptaeility- of ·I surers. Each such policy shall be from a company or companies with a cur~nt7CI\K:-f:rest's rating of no less than A- VII and authorized to transact business of insurace in th"e ~tate of California, or otherwise allowed to place insurance through surplus line bJol<ers u~ er..,applif.~ble provisions of the California Insurance Code or any federal law. a ~

3.2~~2.12 Enforcement of Agreement Provisions (non estoppel}.

Consultant acknowledges and grees 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 nor 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 norm ally provided by any insurance.

3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and 55452.01100\31193624.5
7-19-22 I 4L-42
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.
55452.01100131193624.5
7-19-22 I 4L-43
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
-
~-- \j' .,,,,..
.•.:;
7-19-22 I 4L-44

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)
l
r
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 insurprfJ: as required by Section 3700 of the Labor Code, for the performance of the wo ~o be performed under this contract. My workers' compensation insurance c~d~r~ a policy number are:
~
,;·
I I certify that, in the performance of ._ E'r worR'l!nder-ffiis Agreement, I shall not employ any person in any manner so as to lf~oefe subject to the workers' compensation laws of California, and I herebt , gr:e to in'ii~nify, defend, and hold harmless the City of San Clemente and all of'its' offiJi?)IS, erbployees, and agents from and against any and all claims, liabilities, aful los~ folating\0 personal injury or death, economic losses, and property damage a ·isin~?1]ofmy1ailure to provide such worker's compensation insurance. I fy,ctl:ier~e ttJ?t, if I should become subject to the workers' compensatiq_nprovisior.i_S\Of S~tion 3700 of the Labor Code, I shall forthwith comply with those PiQ\tisions. ,,,,.

WARNING: FAILURe~J Q~CURE WORKERS' COMPENSATION
COVERAGE IS UNLAWF.l:JL, 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
7-19-22 I 4L-45
Dated: __________ , 20 __
Consultant
By:

Title
Address
55452.01100\31193624.5
,,if~ID ,4V ,,, ·"'"""'j ,rr;/ \' ., ,11 ·.., -~
~---~ ~}~ ,?;?- ~~,,
,
7-19-22 I 4L-46
NC{~
~
~ .. ~ ~.,t; (f)
··-·--- !,;>-
LIFOV-~"

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: July 19, 2022
Agenda Item 4m
Approvals:

City Manager -~ £?; --1)
Dept. Head ;,~
~-- Attorney QT
Finance,~
WA A&IWI I iii/ 9 e+.:& 3 #iii i%M¥WiiiM WW& t?Wt ;++@ANSW A Department:

Prepared By:

Subject:

Public Works/ Engineering Division
Zak Ponsen, Assistant City Engineer,;/
Fatana Ternary, Management Analyst
UPDATE THE MEASURE M2 SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2022-2023 THROUGH 2028-2029.

Fiscal Impact: Yes. The recommended action will continue the City's eligibility for receiving Measure M2 funds.

Summary: As requested by the Orange County Transportation Authority (OCTA), staff recommends that City Council approve an update to the list of projects for the SevenYear Capital Improvement Program (CIP) for Fiscal Years 2022-2023 through 2028- 2029 (Attachment 1 ).

Discussion: On June 7, 2022 City Council approved the Measure M2 Seven-Year CIP and, approved and authorized the Director of Public Works / City Engineer to submit the City of San Clemente's Measure M2 eligibility submittals to the OCTA (refer to report in Attachment 2).

On July 8, 2022, OCTA notified the City of its review of the City's submittal, and recommended that a revision be submitted for the Seven-Year CIP Project Program.

The requested revision is necessary in order to include an additional project that was not on the Council approved list of projects. This project is still pending approval from OCTA for a revised scope of work change, but OCTA has requested our CIP Project Program include it since it may get approved.

As requested by OCTA, staff recommends that the City Council approve the Updated Seven-Year CIP Project Report (see Attachment 1) to maintain eligibility for funding under the Orange County Renewed Measure M Programs.

The revised Seven-Year CIP Project Report is being updated to include the following project with M2 funding:
• San Clemente Pier and Pico Corridor Runoff Treatment Project, CP-11799 Engineering Agenda Report
7-19-22 I 4M-1
Agenda Report Page 2
Recommended
Action: STAFF RECOMMENDS THAT the City Council approve the Updated Measure M2 SevenYear Capital Improvement Program list of projects for Fiscal Years 2022-2023 through 2028-2029.

Attachments: 1. Updated Seven-Year CIP Project Listing

2. June 7, 2022 report to Council (without attachments) Notification: None
i:\cd\engineering\secure\admin\202217-19115r\7-19-22-15r.docx 7-19-22 I 4M-2
Attachment 1
Orange County Transportation Authority
FY 2022123 • FY 2028129 Capital Improvement Program
'D CP-114d1
.al Proj ect Number:

Additional Proj ect IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance - Alleys
Limits
Citywide
Proj ect Notes
Other Fund = Street Improvement Fund
TIP ID CP-1100 I
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Reconstruction of roadway
Limits
Citywide
Project Notes
TIP ID CP-1 l'J05
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Limits
Various Streets
Project Notes
Project Title
Alley Pavement Rehabilitation
Project Description
l',IPLEMENTING AGEMCY 521• Cl-,nr.11l,; r:,1, of
This project consists of grinding, reconstructing deteriorated pavement areas, replacing failed curb and gutter, curb ramps, alley gutters, and overlaying the existing pavement. This project is part of a several year program to rehabilitate the City

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Other $90,000 $0 $600,000 $0 $690,000 $708,000
2024 Other $90,000 $0 $600,000 $0 $690,000 $726,540
Totals: $180,000 $0 $1 ,200,000 $0 $1,380,000 $1,434,540 Project Title
Annual Arterial Street Pavement Maintenance
Project Description
Total Programmed: $1,380,000
IMPLEMEMTING AGENCY San Ch m,;,nl& City of
The project will reconstruct deteriorated pavement areas, crack seal and sluny seal the existing pavement. As a part of the project, the City will repurpose the travel lane alignments to best serve the users of the roadway

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Gas Tax $100,000 $0
2024 Gas Tax $100,000 $0
2025 Gas Tax $100,000 so
2026 Gas Tax $100,000 $0
2027 Gas Tax $100,000 so
2028 Gas Tax $100,000 $0
2029 Gas Tax $100,000 $0
Totals: $700,000 $0
Project Title
Annual Street Rehabilitation Project
Project Description
$1,400,000 $0 $1,500,000 $1 ,542,000
$1,400,000 $0 $1,500,000 $1,585,260
$1,400,000 $0 $1,500,000 $1,629,818
$1,400,000 $0 $1,500,000 $1,675,712
$1,400,000 $0 $1,500,000 $1,722,984
$ 1,400,000 $0 $1,500,000 $1,771,673
$1,400,000 $0 $1,500,000 $1,821,823
$9,800,000 $0 $10,500,000 $11 ,749,270
Total Programmed: $10,500,000
IMPLEMEMTING AGENC Y Sa11 Cie,ner,le C,t1 of
The project involves performing removal and reconstruction of damaged and deteriorated portions of the street pavement and overlaying the entire segment of pavement with approximately 2" of Asphaltic Gement.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 General Fund SO $0 $550,000 $0 $550,000 $566,500
2024 General Fund SO $0 $550,000 $0 $550,000 $583,495
2025
2026
2027
2028
2029
General Fund $0
General Fund $0
General Fund $0
General Fund $0
General Fund so
Totals: $0
$0 $550,000
$0 $550,000
$0 $550,000
$0 $550,000
$0 $550,000
$0 $3,850,000
so $550,000 $601,000
$0 S550,000 $619,030
$0 $550,000 $637,601
$0 $550,000 S656,729
$0 $550,000 $676,431
$0 $3,850,000 $4,340,786
Total Programmed: $3,850,000
7-1 9-22 / 4M-3
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance - Slurry
seal of roadway
Limits
City Wide Arterials
Project Notes
TIP ID GP-·! 1008
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Limits
City wide
Project Notes
Other: Street lmprov. Fund
TIP ID CP- II00:l
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Limits
Avenida Montalvo to State Park Entrance
P reject Noles
Project Tille
Arterial Pavement Preservation Program
Project Description
The City annually budgets to slurry seal City streets identified with the highest need, as determined by staff. -I annual Slurry Seal Program extends the life of the existing City streets and delays the need for rehabilitation <>-,. reconstruction.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Gas Tax $100,000 so $600,000 $0 $700,000 $718,000
2024 Gas Tax S100,000 $0 $600,000 $0 $700,000 $736,540
2025 Gas Tax S100,000 $0 $600,000 $0 $700,000 $755,636
2026 Gas Tax $100,000 $0 $600,000 $0 $700,000 $775,305
2027 Gas Tax $100,000 $0 $600,000 so $700,000 $795,564
2028 Gas Tax $100,000 $0 $600,000 $0 $700,000 $816,431
2029 Gas Tax $100,000 $0 $600,000 $0 $700,000 $837,924
Totals: $700,000 $0 $4,200,000 $0 $4,900,000 $5,435,400 Project Title
As-Needed Pavement Repairs and Crack Sealing
Project Description
Total Programmed: $4,900,000
IMPLEMENTING AGENCY S3n Cl,enent-2 City of
Contract with construction company to repair and crack seal pavements as needed. This project will address needed pavement structural repairs and crack sealing in an expeditious manner. Types of projects may include specific failed pavement sections

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Other $0 $0 $300,000 $0 $300,000 $309,000
2024 Other $0 $0 $300,000 $0 $300,000 $318,270
2025 Other $0 $0 $300,000 $0 $300,000 $327,818
2026 Other $0 $0 $300,000 $0 $300,000 $337,653
2027 Other $0 $0 $300,000 $0 $300,000 $347,782
2028 Other $0 $0 $300,000 $0 $300,000 $358,216
2029 Other $0 $0 $300,000 $0 $300,000 $368,962
Totals: $0 $0 $2,100,000 $0 $2,100,000 $2,367,701
Total Programmed: $2,100,000
IMPLEMENTING AGENCY San Cl6rn0nte City of
Project Title
Avenida Calafia Rehabilitation
Project Description
This project consists of reconstructing deteriorated curb & gutter, access ramps and asphalt pavements. The entire road width will be overlayed with 2 inches of rubberized asphalt.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Measure M2 Local Fairshare $0 $0 $175,000 $0 $175,000 $196,964 2026 Gas Tax $0 $0 $175,000 $0 $175,000 $196,964
2026 General Fund $0 $0 $350,000 $0 $350,000 $393,928
Totals: $0 $0 $700,000 $0 $700,000 $787,856
Total Programmed: $700,000
7-19-22 I 4M-4
TIP ID CP-11 IJ I 0
Local Project Number:

Additional Project IDs:

Type of Work: Intersection
? of Work Description: Intersection - Other
Limits
The intersection of Avenida Del Mar and Ola Vista
Project Notes
TIPID CP-11012
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Limits
Avenida Vista Hermosa to Cl Saluda
Project Notes
TIP ID CP-1 I016
Local Project Number:

Additional Project IDs:

Type of Work: Traffic Signals
- ·~e of Work Description: Traffic Signals - Replace
upgrade traffic signals and equipment
_,1nits
Avenlda Palizada/ 1-5 N/B On Ramps/ El Camino Real
Project Notes
TIPIO CP-II02I
Local Project Number:

Additional Project IDs:

Type of Work: Bikeways
Type of Work Description: Bikeways - New bike route
Limits
From 1-5 to El Camino Rea
Project Notes
IMPLEMENTING AGEtlCY s,,,, •,f,.,%, :I-, C,11:, c.f
Project Title
Avenida Del Mar at Ola Visla Intersection Control Improvements Project Description
Signal modification to add pedestrian scramble. Evaluate and construct pedestrian upgrades including curb popouts and ADA compliant pedestrian ramps with pavers.

FISCAL YEAR FUND TYPE
2026
2026
Gas Tax
Unfunded/Unknown

ENG ROW CON/IMP
so $0 $375,000

O&M TOTAL
$0 S375,000

TOTAL ESCALATED
$422,066
so so $1 ,125,000 $0 S1 ,125,000 $1 ,266,197
Totals: $0 $0 $1,500,000 $0 $1,500,000 $1,688,263
Project Title
Avenida La Pata
Proj ect Description
Total Programmed: $1,500,000
IMPLEMENTING AGENCY S,m Cfeei;,.;r.:,: c,1y or
Rehabilitating deteriorated pavements and upgrading deficient curb, gutter, access ramps. The entire road width will be overlayed with 2-inches or rubberized asphalt.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Unfunded/Unknown $0 $0 $900,000 $0 S900,000 $1,012,958 2026 Gas Tax
Proj ect Title
Avenida Palizada Corridor
Project Description
$0 $0
Totals: $0 $0
$300,000 $0 $300,000 $337,653
$1,200,000 $0 $1,200,000 $1,350,611
Total Programmed: $1,200,000
IMPLEMENTING AGENCY Sa, C.lan,"'nte. City o'
Upgrade existing Traffic Signal including Battery Backup, Emergency Preemption, and interconnection to adjacent signalized intersection

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Unfunded/Unknown $ 17,500 SO s2so,ooo SO $267,500 S282, 725 2024 Gas Tax S17,500 SO $250,000 SO $267,500 $282,725
Totals: $35,000 $0 $500,000 $0 $535,000 $565,450
Project Title
Avenida Pico Bicycle Path Phase II
Project Description
Total Programmed: $535,000
IMPLEMENTING AGENCY S.in Clem?.1;\c c,:y oi
Construct new bicycle path, approximately 2 miles on both sides of Avenida Pico.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Unfunded/Unknown SO $0 $1,250,000 $0 $1,250,000 S1 ,326,125 2025 Unfunded/Unknown $0 $0 $1,250,000 $0 $1,250,000 $1,365,909 Totals: $0 $0 $2,500,000 $0 $2,500,000 $2,692,034
Total Programmed: $2,500,000
7-19-22 / 4M-5
TIP ID CP-I101'.l
Local Project Number:

Additional Project IDs:

Type of Work: Bikeways
Type of Work Description: Bikeways - New bike route
Limits
Avenida Navarro to 1-5 ramps
Project Notes
TIP ID CP-1 i 026
Local Project Number:

Additional Project IDs:

Type of Work: Bikeways
Type of Work Description: Bikeways - New bike route
Limits
Calle Frontera to Camino Vera Cruz
Project Notes
Developer: RCFPP fund
TIP ID CP-I1477
Local Project Number: 17337
Additional Project IDs:

Type of Work: Bikeways
Type of Work Description: Bikeways - Widening of
existing bike route
Limits
Camino Vera Cruz to Calle Frontera
Project Notes
RCFPP Fund
TIP ID CP- 1I033
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Limits
Avenida Vista Hermosa to Camino La Padriza
Project Notes
_ast R~vis~d 22--0i) - Submilt~d
Project Title
Avenida Pico Bicycle Palh Phase Ill
Project Description
h\l?LErilENTING AGENCY 0'J!l Cl,,,me,1\,; Cr! 1 '.if
Construct tunnel under fwy 1-5 to connect Avenida Pico bicycle path project phases 1 and 2.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Unfunded/Unknown SO $0 S1 ,000,000 $0 S1 ,000,000 $1,060,900 2025 Unfunded/Unknown $0 $0 S5,000,000 $0 $5,000,000 $5,463,635 2026 Unfunded/Unknown $0 $0 S10,000,000 $0 S10,000,000 $11,255,088 2027 Unfunded/Unknown $0 $0
Totals: $0 $0
Project Title
Avenida Pico Class 1 Bicycle Path Phase I
Project Description
S1,000,000 $0 $1,000,000 $1,159,274
$17,000,000 $0 $17,000,000 $18,938,897
Total Programmed: $17,000,000
IMPLEMENTING AGENCY S:;n Cl1,m0nt, C:1ly of
Construct new bicycle path, approximately 2 miles on both sides of Avenida Pico.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Developer $0 $0 $1,600,000 $0 $1,600,000 $1 ,748,363 Totals: SO $0 $1,600,000 $0 $1,600,000 $1,748,363
Total Programmed: $1 ,600,000
l~.1PLEMSNTING AGENCY Sa:n Cle11·,,;11t,:. City of
Project Title
Avenida Pico Class 1 Bike/Ped Path (Frontera to Vera Cruz) Project Description
This project will construct a Class I Bike/Pedestrian Path adjacent to westbound Avenida Pico between Camino Vera Cruz and Calle Frontera.

FISCAL YEAR
2024

FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED
Developer $0 $0 $1,600,000 $0 $1,600,000 $1 ,697,440
Totals: $0 $0
Project Title
Avenida Pico Rehabilitation Phase 5
Project Desc rlption
$1,600,000 $0 $1,600,000 $1,697,440
Total Programmed: $1,600,000
IMPLEMENTING AGENCY San Clemen! . Cit'! of
Rehabilitating deteriorated pavements and upgrading deficient curb, gutter, access ramps. The entire road width will be overlayed with 2-inches of rubberized asphalt.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Unfunded/Unknown $0 $0 $222,500 $0 $222,500 $236,050 2024 Gas Tax $0 so $222,500 $0 $222,500 $236,050
2025 Unfunded/Unknown $0 $0 $222,500 $0 $222,500 $243,132 2025 Gas Tax $0 $0 $222,500 $0 $222,500 $243,132
Totals: $0 $0 $890,000 $0 $890,000 $958,364
Total Programmed: $890,000
7-19-22 / 4M-6
TIP ID CP I i'J'J~
Local Project Number:

Additional Project IDs:

Typa of Work: Road Widening
- -ie of Work Description: Road Widening - Widen
1 of existing traffic lanes
.. ,mils
1-5 freeway to Avenida Frontera
Project Notes
TIP 10 CP- 110 I Ci
Local Project Number:

Additional Project IDs :

Type of Work: Intersection
Type of Work Description: Intersection - Add left turn
and light tum lanes to intersection
Limits
Avenida Pico and Avenida La Pata
Project Notes
Developer: Reg. Gire. Financing & Phasing Program
(RCFPP)
TIPID c0 -1I040
Local Project Number:

Additional Project IDs:

Type of Work: Traffic Signals
T .. .,e of Work Description: Traffic Signals - Install new , signals and equipment
Project Title
Avenida Pico Widening
Project Description
Widen the street to include bike lanes In each direction.

IMPLEMENTINC' AGENCY .~;ir (;IEn, ' C!I· of

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Developer $0 $0 5375,000 $0 $375,000 $409,773
2026 Unfunded/Unknown $0 so S375,000 $0 $375,000 $422,066 Totals: $0 $0 $750,000 $0 $750,000 S831,839
Total Programmed: $750,000
IMPLEMENTING AGENCY San C:l,~rn,:,m" City oi
Project Title
Avenida Pico and Avenida La Pata Intersection Improvements Project Description
Intersection modification will include construction of a free s/b right tum from La Pala to Pico. The project also includes all signal modifications.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Traffic Impact Fees $0 $0 $100,000 $0 $100,000 $106,090 2025 Traffic Impact Fees $0 $0 $400,000 $0 $400,000 $437,091 Totals: SO $0
Project Title
Avenida Presidio/1-5 SB Ramps/Avenida De La Estrella
Project Description
$500,000 $0 $500,000 $543,181
Total Programmed: $500,000
IMPLEMEMTING AGEMCY $.in c1,!r11ent;,, Cily oi
Install new lraffic signal including Battery Backup, Emergency Preemption, and interconnection to adjacent signalized intersection.
_ .. ,its FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED Avenida Presidio/1-5 SB Ramps/Avenida De La Estrella 2026 Unfunded/Unknown SO $0 S250,000 SO $250,000 $281,377 Project Notes 2026 Gas Tax $0 $0 $250,000 $0 $250,000 $281,377 TIPID CP-'11041
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Rehabilitalion of roadway
Limits
From Cl Monserrat to Vista Vallnda
Project Notes
Project Title
Avenida Salvador Phase 1
Project Description
Totals: $0 $0 $500,000 $0 $500,000 $562,754
Total Programmed: $500,000
IMPLEMENTING AGENCY S,rn Ci~me1lt2. City of
Rehabilitating deteriorated pavements and upgrading deficient curb, gutter, access ramps. The entire road width will be overlayed with 2-inches of rubberized asphalt.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Measure M2 Local Falrshare $0 $0 $40,000 $0 $40,000 $43,709 2025 Unfunded/Unknown $0 $0 $80,000 $0 $80,000 $87,418
2025 Gas Tax $0 $0 $40,000 $0 $40,000 $43,709
Totals: $0 $0 $160,000 $0 $160,000 $174,836
Total Programmed: $160,000
7-1 9-22 / 4M-7
TIP ID CP--i 10-12
Local Project Number:

Additional Proj ect IDs :

Type of Work: Road Mainlenance
Type of Work Description: Road Maintenance•
Rehabilitation of roadway
Limits
Presidio to 300' N. of Malaguena
Project Notes
TIP ID CP-1104'l
Local Project Number:

Additional Project IDs:

Type of Work: Intersection
Type of Work Description: Intersection • Other
Limits
Avenida San Gabriel / Avenida San Pablo
Project Notes
TIP ID CP-1104G
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Reconstruction of roadway
Limits
Acapulco to cul de sac
Project Notes
Last Revis=d. 22-00 • Sutm,tt~d
TIP ID Cf'-1I047
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Limits
Seville lo Del Mar
Project Notes
Project Title
Avenida Salvador Phase 2
Project Description
IMPLEMENTING AGENCY $~,, C.IE!nc'nle City 0;
Rehabilitating deteriorated pavements and upgrading deficient curb, gutter, access ramps. The entire road widj' will be overlayed with 2-inches of rubberized asphalt. ,

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Unfunded/Unknown $0 SO $205,000 SO $205,000 $230,729 2026 Gas Tax $0
2026 Measure M2 Local Fairshare $0
$0
$0
$102,500 so
$102,500 so
$102,500 $115,365
$102,500 $115,365
Totals: $0 $0 $410,000 $0 $410,000 $461,459
Total Programmed: $410,000
Project Title
Avenida San Gabriel / Avenida San Pablo Intersection Improvement Project Description
Construct drainage, ADA ramps, pedestrian improvements and repave existing roadway.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Unfunded/Unknown $0 $0 $187,500 $0 $187,500 $204,886 2025 Gas Tax $0 so $62,500 $0 $62,500 $68,295
Totals: $0 $0 $250,000 $0 $250,000 $273,181
Total Programmed: $250,000
IMPLEMENTING AGENCY S,rn Clcme,nl-il C,ly of
Project Title
Avenida San Pablo
Project Description
Rehabilitating deteriorated pavements and upgrading deficient curb, gutter, access ramps. Construct sidewalk,..... and ADA ramps. The entire road width will be overlayed with 2-inches of rubberized asphalt.

FISCAL YEAR FUND TYPE lli§ ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 Measure M2 Local Fairshare $0 SO $209,250 SO $209,250 $242,578 2027 Unfunded/Unknown
Project Title
Avenida Santa Barbara
Project Description
$0 $0 $627,750 so $627,750 $727,734
Totals: $0 SO $837,000 $0 $837,000 $970,312
Total Programmed: $837,000
IMPLEMENTING AGENCY San Cf1;;mentt-1. City of
This project consists of rehabilitating deteriorated and deficient curb, gutter, access ramps, replacing failed pavement areas, grinding, and overlaying the street with 2-inches of asphalt.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Unfunded/Unknown $0 $0 $239,000 $0 $239,000 $253,555 2024 Measure M2 Local Fairshare $0 SO $119,500 $0 $119,500 $126,778 2024 Gas Tax $0 $0 $119,500 SO $119,500 $126,778
Totals: $0 $0 $478,000 $0 $478,000 $507,111 •
Total Programmed: $478,000
7-19-22 I 4M-8
TIP ID CP 11437
Local Project Number:

Additional Project IDs:

Type of Work: Pedestrian
..-,,pe of Work Description: Pedestrian -
:onstruction or rehabilitation of sidewalk
_,mlts
Eastern side of Avenida Victorla, between Coronado
Lane to Monterey Lane
Project Notes
TIP ID CP- 11 'lil 1
Local Project Number:

Additional Project IDs:

Type of Work: Intersection
Type of Work Description: Intersection - Other
Limits
Avenida Vista Hermosa and Avenida La Pata
Project Notes
Developer: RCFPP
rlP ID GF- 1 I 0,,2
Local Project Number:

Additional Project IDs:

Type of Work: Intersection
Type of Work Description: Intersection - Add left turn
lane(s) to intersection
•its
dnida Vista Hermosa and Avenida Vera Cruz
Project Notes
Developer: RCFPP Fund + Gas Tax
flPID CP-ll0SJ
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Limits
Camino De Los Mares to Caballista Del Norte
Project Notes
lMPLEMENTIMG AGENCY S·an 1_1,c,·,~.,I, (.->1 1 <)f
Project Title
Avenida Victoria Sidewalk Widening
Project Description
This project is the widening of the sidewalk along the Eastern side of Avenida Vic;toria, between Coronado Lane to Monterey Lane.

FISCAL YEAR
2023
Project Title

FUND TYPE
General Fund

ENG ROW CON/IMP
so $0 $425,000

O&M TOTAL TOTAL ESCALATED
$0 $425,000 $437,750
Totals: $0 so $425,000 $0 $425,000 $437,750
Total Programmed: $425,000
IMPLEMENTING AGENCY San Cle111enlcc C1t•1 u:

Avenida Vista Hermosa and Avenida La Pata Intersection Improvements Project Description
Improve and extend the southbound Avenida La Pata right turn pocket onto westbound Avenida Vista Hermosa due to heavy turning movement.

FISCAL YEAR FUND TYPE
2023
2024
Traffic Impact Fees
Traffic Impact Fees

ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED
$150,000 so $0 $0 $150,000 $150,000
$0 $0 $550,000 $0 $550,000 $583,495
Totals: $150,000 $0 $550,000 $0 $700,000 $733,495
Total Programmed: S700,000
IMPLEMEMTltlG AGENCY Sai; Cbm-,,,1.., c,•y c;f
Project Title
Avenida Vista Hermosa and Avenida Vera Cruz Intersection Improvements Project Description
Operational improvements which include adding additional turn lanes.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Traffic Impact Fees $200,000 SO $0 $0 $200,000 $200,000 2025 Traffic Impact Fees $0 SO $800,000 $0 $800,000 $874,182 Project Title
Bonanza
Project Description
Totals: $200,000 $0 $800,000 $0 $1,000,000 $1,074,182
Total Programmed: $1,0D0,000
IMPLEMENTING AGENCY S:111 Cl,,,nenlr, C:1ly of
This project consists of reconstructing deteriorated curb & gutter, access ramps and asphalt pavements. The entire road width will be overlayed with 2-inches of rubberized asphalt.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Unfunded/Unknown SO SD $160,000 SO $160,000 $180,081 2026 Gas Tax $0 $0 $80,000 SO $80,QOO $90,041
2026 Measure M2 Local Fairshare $0 $0 $80,00D SO $80,000 $90,041 Totals: $0 $0 $320,000 $0 $320,000 $360,163
Total Programmed: $320,000
7-19-22 / 4M-9
TIP ID CF'-I1066 IM?LEM!::NTING ,\GENCY '.~aq Cl•·mc:ek City of Local Project Number: Project Title
Additional Project IDs: Calle Oso/West El Portal Sidewalk Type of Work: Pedestrian Project Description
Type of Work Description: Pedestrian - New sidewalk Construct missing sidewalk sections and ADA curb ramps.

Limits
Ave Del Poniente to Ave Buena Vista
Project Notes
TIP ID CP-110%
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Limits
Carretera to Vista Hermosa
Project Notes

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Unfunded/Unknown $0 $0 $550,000 $0 $550,000 $619,030 Totals: SO $0 $550,000 $0 $550,000 $619,030
Project Title
Camino Vera Cruz
Project Description
Total Programmed: $550,000
IMPLEMENTIMG AGENCY Sa11 Cl~!Tl'i'nt-, Cit~ c,f
Rehabilitating deteriorated pavements and upgrading deficient curb, gutter. access ramps. The entire road width will be overlayed with 2-inches of rubberized asphalt.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 Gas Tax $0 $0 $107,000 $0 $107,000 $124,042
2027
2027
Unfunded/Unknown $0 $0
Measure M2 Local Fairshare $0 $0
Totals: $0 $0
$214,000 $0
$107,000 $0
$214,000 $248,085
$107,000 $124,042
$428,000 $0 $428,000 $496,169
I.asl f't,;is~d: 22-00 - $111Jn11t-,d Total Programmed: $428,000 TIP ID Cf'-I I'1% IMPLEMENTIMG AGENCY Sa11 C.lem;mtt, C1tv of Local Project Number: 17-SCLM-TSP-3877 Project Title
Additional Project IDs: Camino Vera Cruz Traffic Signal Synchronization Type of Work: Traffic Signals Project Description
Type of Work Description: Traffic Signals - Interconnect traffic signals to improve coordination and Upgrade existing traffic signal system and equipment necessary to provide coordination with adjacent signals. communications
Limits
Camino de los Mares to Avenida Pico
Project Notes
TIP ID CP-IIOf!'J
FISCAL
YEAR
2023
2023
2024
2024

FUND TYPE
Traffic Signal Sync Program
{TSSP)
Gas Tax
Gas Tax
Traffic Signal Sync Program
{TSSP)

ENG ROW CON/IMP O&M
so $0 $0 $5,040
$0 $0 $0 $1,260
$0 $0 $0 $1,260
$0 $0 $0 $5,040
TOTAL

TOTAL ESCALATED
$5,040 $5,040
$1,260 $1,260
$1,260 $1,260
$5,040 $5,040
Totals: $0 $0 $0 $12,600 $12,600 $12,600
Total Programmed: $12,600
IMPLEMEMTIMG AGHICY San Clem;:nic, C:t·_; of
Local Project Number: Project Title
Additional Project IDs: Camino Vera Cruz at Riachuelo Intersection Control Improvements Type of Work: lnterseclion Project Description
Type of Work Description: Intersection - Round about Construct intersection control and other improvements.

Limits
Camino Vera Cruz at Riachuelo
Project Notes

FISCAL YEAR FUND TYPE
2027 Unfunded/Unknown
Gas Tax

ENG ROW CON/IMP O&M TOTAL
$0 so $500,000 $0 $500,000
$0

TOTAL ESCALATED
$579,637
2027 $289,819
2027 Measure M2 Local Fairshare $0
$0
so
$250,000 $0
$250,000 $0
$250,000
$250,000 $289,819
Totals: $0 $0 $1,000,000 $0 $1,000,000 $1,159,275
Total Programmed: $1,000,000
7-1 9-22 / 4M-10
TIP ID CP- IH'.0
Local Project Number:

Additional Project IDs:

Type of Work: Road Mainlenance
,e of Work Description: Road Mainlenance -
,abililalion of roadway
Limits
El Camino Real lo South Calle Seville
Proj ect Notes
rlP ID CP .. 11101
Local Project Number:

Additional Project IDs:

Type of Work: Pedestrian
Type of Work Description: Pedestrian - Other
Limits
El Camino Real Alley and Avenlda Cabrillo
Project Notes
flP ID CP-11 O?
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Mainlenance -
Rehabilitation of roadway
lits
,enida Valencia to E San Juan
Project Notes
TIP ID CP-11105
Local Project Number:

Additional Project IDs:

Type of Work: Intersection
Type of Work Description: Intersection - Other
Limits
El Camino Real and Camino San Clemente
Project Notes
IMPLEMENTING AGENCY b;;,ri Cl,;•nP.nt,a Cry of
Project Title
Del Mar Slreet Rehabilitalion Project
Project Description
Following the completion of lhe Del Mar Electrical System project, this project will grind and overlay, and restripe Avenida Del Mar from El Camino Real to South Calle Seville. Lighting for Community Center ground will be included. Rectangular Rapid

FISCAL YEAR FUND TYPE ENG ROW CON/IMP
so $0 $200,000

O&M TOTAL TOTAL ESCALATED
2024 General Fund $0 $200,000 $212,180
Project Title
Downtown Paseos Plan
Project Description
Totals: $0 $0 $200,000 $0 $200,000 $212,180
Total Programmed: $200,000
IMPLEMENTING AGENCY S,-;n Cl;;rn~nt~ C,liy or
Repave alley, construct sidewalk, streetlights, pedestrian bollards and wayfinding signs.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 General Fund $0 $0 $200,000 $0 $200,000 $218,545
2026 General Fund $0 $0 .$600,000 $0 $600,000 $675,305
Project Title
El Camino Real
Project Description
$0 $800,000 $0 $800,000 $893,850
Total Programmed: $800,000
IMPLEMEMTING AGENC'/ Sa11 C!.?rnt!ntra C1l•/ of
Rehabilitating deteriorated pavements and upgrading deficient curb, gutter, access ramps. The entire road width will be overlayed with 2-inches of rubberized asphalt.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 General Fund $100,000 $400,000 $0 $0 $500,000 $512,000 Totals: $100,000 $400,000 $0 $0 $500,000 $512,000
Total Programmed: $500,000
IMPLEMENTING AGENCY S,1n Clerni!nll' C1ly o:

Project Title
El Camino Real and Camino San Clemente Intersection Control lmprovemenls Project Description
Evaluate, construct pedestrian improvements and upgrades for ADA compliant ramps in pavers, curb pop-outs, bicycle upgrades for existing Class 1/11 bike route, and traffic signal upgrades including protected-permissive left turn for SB N. El Camino R

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Unfunded/Unknown $300,000 $0 $0 $0 $300,000 $300,000 2025 Unfunded/Unknown $0 $0 $1,300,000 $0 $1,300,000 $1 ,420,545 Totals: $300,000 $0 $1,300,000 $0 $1,600,000 $1,720,545 Total Programmed: $1,600,000
7-19-22/4M-11
TIPID CP- II107
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance•
Reconstruction of roadway
Limits
Cityviide
Proj ect Notes
General Fund: Street lmprov. Fund Other: Water
Depree. Reserve Other: Sewer Depree. Reserve
TIP ID CP- I i l fJ9
Local Project Number:

Additional Project IDs:

Type of Work: Intersection
Type of Work Description: lnlersection • Roundabout
Limits
Pacific Coast Hwy and Camino Capistrano
Project Notes
Other: City Local Fund • RCFPP + Gas Tax
TIP ID CP-111I2
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance•
Studies or PMP updates
Limits
Citywide
Project Notes
Other: Street lmprov. Fund
Project Title
Major Street Maintenance
Project Description
IMPLEi'/IEMTING AGENCY .:,,,i, C..I-'rr"' ,'-, (1ly cf
The project consists of reconstructing deteriorated and deficient curbs, gutter, curbs ramps, and failed paveme areas will be reconstructed as needed, and the street will be cold milled and paved with a 2-inch cap or slurry sealed as needed.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Other so $0 $55,000 $0 $55,000 $56,650
2023 General Fund so $0 $495,000 $0 $495,000 $509,850
2024 Other so $0 $55,000 $0 $55,000 $58,350
2024 General Fund so $0 $495,000 $0 $495,000 $525,146
2025 Other so $0 SS5,000 so $55,000 $60,100
2025 General Fund $0 $0 $495,000 so $495,000 $540,900
2026 Other so $0 S55,000 $0 $55,000 $61,903
2026 General Fund so $0 S495,000 $0 $495,000 $557,127
2027 Other $0 $0 $55,000 $0 $55,000 $63,760
2027 General Fund $0 $0 $495,000 $0 $495,000 $573,841
2028 Other $0 $0 $55,000 $0 $55,000 $65,673
2028 General Fund $0 $0 $495,000 $0 $495,000 $591,056
2029 General Fund $0 $0 $495,000 $0 $495,000 $608,788
2029 Other $0 $0 $55,000 $0 $55,000 $67,643
Totals: SO so $3,850,000 $0 $3,850,000 $4,340,787
Total Programmed: $3,850,000
IMPLEMENTING AGEMCY S0n c..I,.:.rn1:1 r.!~·; Cil·t of
Project Title
N. El Camino Real and Camino Capistrano Intersection Control Improvements Project Description
Construct roundabout.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2028 Other $0 $0
2028 Unfunded/Unknown so so
2029 Unfunded/Unknown $0 so
2029 Other $0 $0
Totals: $0 $0
Project Title
Pavement Management System Upgrade
Project Description
$100,000 so $100,000 $119,405
$100,000 so $100,000 $119,405
$1,000,000 $0 $1,000,000 $1,229,874
$1,000,000 so S1 ,000,000 $1 ,229,874
$2,200,000 so $2,200,000 $2,698,558
Total Programmed: $2,200,000
IMPLEMEMTING AGENCY San Clcmenl,c. City of
Street pavement inspection and updating city's Street Saver pavement management system required by OCTA every two years

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Other $50,000 $0 $0 $0 $50,000 $50,000
2025 Other $150,000 $0 $0 $0 $150,000 $150,000
2027 Other $50,000 $0 $0 $0 $50,000 $50,000
2028 Other $150,000 $0 $0 $0 $150,000 $150,000
2029 Other $50,000 $0 so $0 $50,000 $50,000
Totals: $450,000 $0 $0 $0 $450,000 $450,000
Total Programmed: $450,000
7-19-22 / 4M-12
TIP ID C~'-1112
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Project Title
Pavement Preservation Program
Project Description
IMPLEMENTING AGENCY S,JII C,!ornei;lo, ( I'" ,f
S The City annually budgets to use various preservation methods such as fog seal, slurry seal or other methods on ,e of Work Description: Road Maintenance· lurry City streets identified with the highest need, as determined by staff. The annual Pavement Preservation Program I of roadway extends the life of the e
Limits
Various Locations
Project Notes
TIP ID CP--35GC
Local Project Number: 20-SCLM-CBT-3963
Additional Project IDs: 20-SCLM-CBT-3963
Type of Work: Transit
Type of Work Description: Transit - Operations and
Maintenance
Limits
Various locations from San Clemente to Dana Point
Trolley Stop
Project Notes
MAR2021 SAR REVIEW. NO PROJECT AMENDMENT
REQUESTED: NO SCHEDULE CHANGES: CA
07/08/21 Project has not started - anticipate working
with OCTA to establish a formal agreement for these
approved funds.

TIP ID CP-1 1797
Local Project Number:

Additional Project IDs:

Type of Work: Environmental Cleanup

FISCAL YEAR FUND TYPE ENG ROW
2023 General Fund 525,000 so
2024 General Fund $25.000 $0
2025 General Fund S25,000 so
2026 General Fund $25,000 $0
2027 General Fund $25,000 $0
2028 General Fund $25,000 $0
2029 General Fund $25,000 $0
Totals: $175,000 $0
Project Title
San Clemente Downtown Route Continuation
Project Description

CON/IMP O&M TOTAL TOTAL ESCALATED
$250,000 so $275,000 $282,500
$250,000 $0 $275,000 $290,225
$250,000 so $275,000 $298,182
$250,000 $0 $275,000 $306,377
$250,000 so $275,000 $314,819
$250,000 $0 $275,000 $323,513
$250,000 $0 $275,000 $332,468
$1,750,000 $0 $1,925,000 $2,148,084
Total Programmed: $1,925,000
li'ilPLEMENTIMG AGENCY San Clc:m;;rctc:_ City ,:,f
Extend Project V funding for the downtown trolley from its current end date of 6/30/2023 through 6/30/2027, to purchase an additional trolley to provide for more rider capacity, additional O&M funds, and service.

FISCAL FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL

YEAR ESCALATED
2024 PROJECT V - Community so $0 so $231,745 $231,745 $231,745 Circulators 2024 Other $0 $0 so $25,749 $25,749 $25,749
2025 PROJECT V - Community $0 $0 $0 $238,698 $238,698 $238,698 Circulators 2025 Other $0 $0 $0 $26,522 $26.522 $26,522
2026 PROJECT V - Community $0 $0 $0 $245,859 $245,859 $245,859 Circulators 2026 Other so so $0 $27,318 S27,318 $27,318
2027 Other $0 $0 $0 $28,137 $28,137 $28,137
2027 PROJECT V - Community $0 $0 $0 $253,234 $253,234 $253,234 Circulators Totals: $0 $0 $0 $1,077,262 $1,077,262 $1,077,262
Total Programmed: $1,077,262
IMPLEMENTING AGENCY San Cl:::rnen:-:: C IJo'
Project Title
San Clemente Eastern Pico Corridor RunoffTreatment Project Project Description
Type of Work Description: Environmental Cleanup -
Automatic Retractable Screen and other debris screens Installation of trash capture devices in 100 storm drains in the Eastern Pico Corridor ~roject Area. or Inserts
Limits
City storm drains along Avenida Pico, Avenida La Pata
and Rancho San Clemente commercial industrial park
area.

Project Notes
This project is pending reimbursement from OCTA.

Project is a carryover for FY22/23. Funding is reflected in prior year(s). - no funds In FY22/23
FISCAL
YEAR
2023
2023

FUND TYPE TOTAL ENG ROW CON/IMP O&M TOTAL ESCALATED
Environmental Cleanup Program (ECP) • SO $0 so
Tier 1
Agency Contribution so $0 so
Totals: $0 $0 $0
$0 $0
$0 so
$0 $0
$0
$0
$0
Total Programmed: $0
7-19-22 / 4M-13
TIP ID CP · il"'J'J
Local Project Number: 20804
Additional Project IDs:

Type of Work: Environmental Cleanup
Type of Work Description: Environmental Cleanup -
Automatic Retractable Screen and other debris screens
or inserts
Limits
Avenida Pico, Calle Del Cerro, Avenida Vista Montana,
Calle Frontera, Pier Bowl/San Clemente Pier vicinity,
Rancho San Clemente Community
Project Notes
This project is pending scope change approval from
OCTA due to inflationary costs.

TIP ID CP-I1 I !6
Local Project Number: 16-SCLM-CBT-3841
Additional Project IDs:

Type of Work: Transit
Type of Work Description: Transit - Rideshare
programs
Limits
Various locations along OCTA bus routes 191 and 193
Project Notes
TIPID C0 -illt9
Local Project Number: 16-SCLM-CBT-3840
Additional Project IDs:

Type of Work: Transit
Type of Work Description: Transit - New Service
Limits
Various locations, west of 1-5 in lhe North Beach Vicinity Project Notes
IM?LEMENTING AG ENC'( Ssn ~'1-',·,.,;k C11•; uf
P reject Title
San Clemente Pier and Pico Corridor Runoff Treatment Project Project Description
This project will install trash capture devices in catch basins, 99 units of G2's CPS-Mod and ARS-CL curbscreens, and 3 units of GITS grate screens in grated inlets. ( FISCAL

YEAR FUND TYPE TOTA L ENG ROW CON/IMP O&M TOTAL ESCALATED 2023 Agency Contribution $0 $0 $60,000 $0 $60,000 $61 ,800 2023 Environmental Cleanup Program (ECP) - $O $0 $240,000 so $240,000 $247,200 Tier 1
Project Title
San Clemente Rideshare Services
Project Description
Totals: $0 $0 $300,000 $0 $300,000 $309,000
Total Programmed: $300,000
IMPLEMENTING AGENC'i San CIH,v,,·l'.r, ,:,,, Gi
This project is to provide rideshare services for two years along existing bus routes 191 and 193.

FISCAL
YEAR
2023
2023
2024
2024
Project Title

FUND TYPE
PROJECT V - Community
Circulators
General Fund
General Fund
PROJECT V - Community
Circulators
San Clemente Summer Trolley Project V
Project Description
so $0
$0 so
so so
so $0
Totals : SO $0
$0
$0
$0
$0
$0

TOTAL TOTAL

ESCALATED
S182,880 $182,880 $182,880
S20,320 $20,320 $20,320
$20,320 $20,320 $20,320
$182,880 $182,880 $182,880
$406,400 $406,400 $406,400
Total Programmed : $406/'
Daily operation of San Clemente Trolley from Memorial Day weekend to end of September each summer.

Starting in 2019, the City started operating two distinct trolley routes: the Downtown Route and the Northern Route to connect with the City of Dana Po
FISCAL
YEAR
2023
2023

FUND TYPE
General Fund
PROJECT V - Community
Circulators

TOTAL ENG ROW CON/IMP O&M TOTAL ESCALATED
$0 $0 $0 $43,853 $43,853 $43,853
$0 $0 $0 $382,716 $382,716 $382,716
Totals: $0 $0 $0 $426,569 $426,569 $426,569
Total Programmed: $426,569
7-1 9-22 / 4M-14
TIP ID CP-I I ~3
Local Project Number: 18-SCLM-CBT-3914
Additional Project IDs:

Type of Work: Transit
·e of Work Description: Transit - Operalions and
tenance
Limits
Various locations from San Clemente to Dana Point
Trolley Stop
Project Notes
TIP ID CP-I1 47d
Local Project Number:

Additional Project IDs:

Type of Work: Pedestrian
Type of Work Description: Pedestrian - New sidewalk
Limits
100 and 200 blocks of Avenida Cabrillo
Project Notes
TIPIO C?- 11 12-\
• -al Project Number:
tionat Project IDs:
rype of Work: Pedestrian
Type of Work Description: Pedestrian -
Reconstruction or rehabilitation of sidewalk
Limits
Citywide
Project Notes
TIP ID CP-1 1 •l 79
Local Proj ect Number:

Additional Project IDs:

Type of Work: Traffic Signals
Type of Work Description: Traffic Signals - Replace
and upgrade traffic signals and equipment
Limits
Citywide
Project Notes
Gas Tax RMRA
lr.lPLEMENTIMG AGEtlCY .-:,:.r: Cl~11-,,r•t': City of
Project Title
San Clemente Summer Trolley Project V Expansion
Project Description
This summer the service would expand from weekends (Friday through Sunday) to daily service. The summer season would start on the Memorial Day weekend as it did last year, but the summer operating season would be expanded through the end of September
FISCAL
YEAR
2023
2023

FUND TYPE
General Fund
PROJECT V - Community
Circulators

TOTAL ENG ROW CON/IMP O&M TOTAL ESCALATED
so so so $34,077 $34,077 $34,077
$0 so so $272,923 $272,923 $272,923
Totals: $0 $0 $0 $307,000 $307,000 $307,000
Total Programmed: S307,000
Ir,1P ... El'IIEMTIMG AGENCY Sar, Cl1:nt•;nl<,; C,t:; ol Project Title
Sidewalk lmprovements/CDBG FY 2022
Project Description
The CDBG Sidewalk Improvements Program was developed to install missing sidewalk sections within the CDBG target area. The 2022 project will install sidewalk along the south side of the 100 and 200 block of Avenida Cabrillo within the CDBG target a
FISCAL
YEAR
2023

FUND TYPE
Community Development Block
Grant
TOTAL

ESCALATED
$0 so $290,820 so $290,820 $299,545
Totals: $0 $0 $290,820 $0 $290,820 $299,545
Total Programmed: $290,820
IMPLE~,IEt·<TtMG AGEMGY S.111 Cbm•,·t1!~ City of
Project Title
Sidewalk Repair Program
Project Description
The Sidewalk Repair Program was established to repair deficient sidewalks and remove trip hazards throughout the City. The locations of deficient sidewalks to be repaired and/or replaced are prioritized according to the extent of the vertical displa

FISCAL YEAR FUND TYPE ENG ROW
2023 General Fund so $0
2024 General Fund so $0
2025 General Fund so $0
2026 General Fund so $0
2027 General Fund $0 $0
2028 General Fund $0 $0
2029 General Fund $0 $0
Totals: $0 $0
Project Title
Signalized Intersection Improvements
Project Description

CON/IMP O&M TOTAL TOTAL ESCALATED
$150,000 $0 $150,000 $154,500
$150,000 $0 $150,000 $159,135
$150,000 $0 $150,000 $163,909
$150,000 so $150,000 $168,826
$150,000 so $150,000 $173,891
$150,000 $0 $150,000 $179,108
$150,000 $0 $1 50,000 $184,481
$1,050,000 $0 $1,050,000 $1,183,850
Total Programmed: $1,050,000
IMPLEMENTING AGENCY Sa.1 Cl,;mc:nb City of
This project includes improvements to: 1) install yellow reflective backplates to all traffic signal heads; 2) replace and upgrade internally illuminated street name signs at all intersections; and 3) convert vehicle detection systems from cameras t

FISCAL YEAR
2023

FUND TYPE
Gas Tax

ENG ROW CON/IMP
$0 so $1,100.000

O&M TOTAL
$0 S1,100,000

TOTAL ESCALATED
$1,133,000
Totals: $0 $0 $1,100,000 $0 $1,100,000 $1,133,000
Total Programmed: $1,100,000
7-19-22 I 4M-15
i!PID (.P. l ll?'ci
Local Proj ect Number:

Additional Project IDs:

Type of Work: Administration
Project Title
Street Improvement Design
Project Description
IMPLEMENTING .<\GENCY :Oiii' Cl, Ok•H~ ( 1!1 ··,f
Type of Work Description: AdminiStration - Consultant The project consists of rehabilitating various streets deteriorated Including slurry seal and grind and overlay. support for design of project
Limits
Citywide
Project Notes
Other: Street Im prov. Fund
TIP ID CP-! 13fl3
Local Project Number:

Additional Project IDs:

Type of Work: Safety
Type of Work Description: Safety- Signage
installation and/or replacement
Limits
City Wide
Project Notes
rtPID CP-i1901
Local Project Number:

Additional Project IDs:

Type of Work: Safety
Type of Work Description: Safety- Traffic calming
such as bulbout, chokers, speed hump, etc.

Limits
City wide
Project Notes

FISCAL YEAR FUN D TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Other $75,000 $0 $0 $0 $75,000 $75,000
2024 ·Other $75,000 $0 $0 so $75,000 $75,000
2025 Other $75,000 $0 $0 $0 $75,000 $75,000
2026 Other $75,000 $0 $0 $0 $75,000 $75,000
2027 Other $75,000 $0 $0 $0 $75,000 $75,000
2028 Other $75,000 $0 $0 $0 $75,000 $75,000
2029 Other $75,000 $0 $0 $0 $75,000 $75,000
Totals: $525,000 $0 $0 $0 $525,000 $525,000
Total Programmed: $525,000
IMPLEMENTING AGEtlCY San Cl~inc•i'.:~ c,t, ·,f
. Project Title
Street Sign Replacement Program
Project Description
The City of San Clemente is responsible to maintain all roadway signs within the City boundaries on public roads at a minimum level of retroreflectivity at a minimum level of retroreflectivity that is mandated by the Federal Highway Administration.

FISCAL YEAR FUND TYPE ENG
2023 Gas Tax
2024 Gas Tax
2025 Gas Tax
2026 Gas Tax
2027 Gas Tax
2028 Gas Tax
2029 Gas Tax
Project Title
Traffic Calming Program
Project Description
$0
$0
$0
so
$0
$0
$0
Totals: $0
ROW
$0
$0
$0
$0
$0
$0
$0
$0

CON/IMP O&M TOTAL TOTAL ESCALATED
$100,000 $0 $100,000 $103,000
$100,000 so $100,000 $106,090
$100,000 so $100,000 $109,273
$100,000 $0 $100,000 $112,551
$100,000 $0 $100,000 $115,927
$100,000 $0 $100,000 $1 19,405
$100,000 $0 $100,000 $122,987
$700,000 $0 $700,000 $789,233
Total Programmed: $700,000
IMPLEMENTING AGENCY S3n Cl•emer.1,,, Cd, , '
The Traffic Calming Program enhances safety on the streets and reduces the negative effects of motor vehicles while maintaining acceptable traffic flow. Traffic Calming measures include purchasing new equipment and installation of physical traffic im

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Air Quality Management District $0 $0 $80,000 $0 $80,000 $82,400 2024 Air Quality Management District $0 $0 $80,000 $0 $80,000 $84,872 2025 Air Quality Management District $0 $0 $80,000 $0 $80,000 $87,418 2026 Air Quality Management District $0 $0 $80,000 $0 $80,000 $90,041 2027 Air Quality Management District $0 $0 $80,000 $0 $80,000 $92,742 2028 Air Quality Management District $0 $0 $80,000· $0 $80,000 $95,524 2029 Air Quality Management District so $0 $80,000 $0 $80,000 $98,390 Totals: $0 $0 $560,000 $0 $560,000 $631,387
Total Programmed: $560,000
7-1 9-22 I 4M-16
TIP ID U · 11 JO(,
Local Project Number:

Additional Project IDs:

Type of Work: Traffic Signals
Tvpe of Work Description: Traffic Signals - Replace
I upgrade traffic signals and equipment
_,mils
Camino Vera Cruz/Plaza Pacifica, Camino Vera
CruzNia Pacifica, Camino Vera Cruz/Calle Paradiso,
and Camino De Los Mares/Calle Nuevo
Project Notes
Project Title
Traffic Signal Protected/Permissive Conversion
Project Description
This project will replace several existing protected/permissive signal heads from 'doghouse' style to the more updated and intuitive 'flashing yellow area (FYA)' style.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATEO 2023 General Fund S15,000 $0 $135,000 SO S150,000 $154,050 Totals: S15,000 SO . $135,000 $0 $150,000 $164,050
Total Programmed: $150,000
7-19-22 / 4M-17
Attachment 2
Agenda Item /\- \fl
Approvals:

City Manager (,,.C, ;\\
Dept. Head 7rh,,-.-'!))
Attorney (J
Finance ~iv
#rn§ •P-,.§#1;;@i:ifa Si@w n,,JA 9ii-:"~r~!uztt3i$\it!54•";174\fb&Ei·t'-itR!.fi.:d;lliiAff.fuiM~;&?#€rf'#¾Af..t.\-5¼ft&1 ... &irl-w'=ll~'.:i ·s1w~?kiMf}U2"3tdi.fii#:n'.¾1Vt~t¼,A~'4:1k·M·'.:AI

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 7, 2022
Department:

Prepared By:

Subject:

Public Works/ Engineering Division
Zak Ponsen, Acting Deputy Public Works Director.JI'
Fatana Ternary, Management Analyst
RENEWED MEASURE M2 A NNUAL FUNDING ELIGIBILITY - FISCAL YEAR 2022-2023.

Fiscal Impact: Yes. The recommended action will continue the City's eligibility for receiving Measure M2 funds.

Summa,y: In Fiscal Year 2022-2023, the City is estimated to receive $1.3 million from Measure M2 Local Fair Share allocations once all eligibility requirements are fulfilled.

Staff recommends that the City Council approve the proposed 2022 Measure M2 Seven-Year Capital Improvement Program and authorize the Director of Public Worl~s to submit the City of San Clemente's Measure M2 eligibility submittals to the Orange County Transportation Authority (OCTA). The purpose of this action is to maintain eligibility for funding under the Orange County Renewed Measure M Programs.

Background: In November 1990, the Orange County voters approved Measure M, a one-half percent sales tax increase for 26 years, to fund transportation projects in Orange County. Furthermore, in November 2006, the voters approved Renewal of Measure M (M2) for an additional thirty years, that became effective in April 2011 . County-wide Measure M2 improvement projects include upgrading major freeway and rail transit system, maintaining streets and roads, synchronizing traffic signals countywide and implementing environmental cleanup program.

Discussion: The renewed Measure M Ordinance requires local jurisdictions to annually submit specific documentation to the OCT A. Local jurisdictions must meet the following requirements to be eligible for fair share and competitive M2 funds:
., Adopt and update a seven-year Capital Improvement Program (GIP). The attached CIP list includes all capital transportation projects proposed from Fiscal Years 2022-2023 through 2028-2029. (Attachment 1 ). o Adopt a General Plan Circulation Element consistent with the Master Plan of Arterial Highways (MPAH). This was submitted in FY 21/22, therefore the next update is not due until FY 23/24.
o Submit a Pavement Management Plan (PMP) update biennially to OCT A The updated PMP was submitted in FY 21/22, therefore the next update is not due until FY23/24.

Engineering Agenda Report
6-7-22 I 4M-1
7-19-22 I 4M-18
Agenda Report
Recommended

Page 2 ends

San Clemente City CouncilJuly 19, 2022

San Clemente City Council
July 19, 2022