San Clemente City Council
November 15, 2022

of Employees, (line 5)
… necessary to perform the Services. Consultant warrants represents that all …

… it’s the performance or of the Project….

…(with counsel approved by of City’s choosing), indemnify and hold the City….

Exhibit “C” Insurance Requirements, 3.2.12 Insurance, 3.2.12.2 Types of Insurance Required, (A), (line 3)
… form CG 0001, or the exact equivalent, with limits of not less than….

Exhibit “C” Insurance Requirements, 3.2.12 Insurance, 3.2.12.2 Types of Insurance Required, (B), (line 3)
… “Any Auto” (Symbol 1), or the exact equivalent, covering bodily injury… Exhibit “C” Insurance Requirements, 3.2.12 Insurance, 3.2.12.3 Insurance Endorsements, (A) Commercial General Liability, (1), (line 8)
…endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same… Contract Exceptions
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City of San Clemente • Steed Park Pickleball Courts | 25 Worthy Park | Huntington Beach, CA (RJM Project)
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RJM Design Group, Inc.
31591 Camino Capistrano
San Juan Capistrano, CA 92675
[email protected]
www.RJMdesigngroup.com
[949] 493-2690 fax
[949] 493-2600 phone
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EXHIBIT "A-I"

FEDERALLY REQUIRED PROVISIONS FOR SERVICES

ALL APPLICABLE REQUIREMENTS SHALL APPLY
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EXHIBIT "B"

SCHEDULE OF SERVICES
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EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

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

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less 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 equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (1) a Personal Automobile Liability policy for the Consultant's own vehicle stipulating "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident"; and (2) a non-owned auto endorsement to the Commercial General Liability policy if Consultant uses vehicles of others (e.g., vehicles of employees).
(C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. 156
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3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the 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. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

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

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

3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Consultant or others providing 157
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insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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

3.2.12.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

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

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

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City 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 normally provided by any insurance.

3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing 158
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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 volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

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EXHIBIT “D”

COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Long Beach-Anaheim, CA.

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WORKER’S COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION

I hereby affirm under penalty of perjury one of the following declarations:

(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

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

Carrier____________________________________________________ Policy Number______________________________________________

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 PENALTIES 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.
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Dated: ________________________, 20____
________________________________
Consultant
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
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REQUEST FOR PROPOSAL

STEED PARK PICKLE BALL COURTS
PROJECT NO. 13703
AUGUST 2022

PUBLIC WORKS DIVISION
910 CALLE NEGOCIO
SAN CLEMENTE, CA 92673
PHONE: (949) 361-6140
$WWDFKPHQW
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CITY OF SAN CLEMENTE

REQUEST FOR PROPOSAL
AUGUST 2022
Prospective Contractors:

The City of San Clemente (City) is soliciting proposals from Professional Services Contractors (Consultants) for the design of the new pickle ball courts and a serving parking lot nearby at the Richard T. Steed Memorial Park, as described in detail in the attached Request for Proposal (RFP).

City Point of Contact:

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

Individuals or firms interested in submitting a proposal are asked not to contact other members of the City of San Clemente staff or Councilmembers in connection with the RFP prior to the announcement of the consultant selected. A NON-MANDATORY preproposal meeting will be held at the San Clemente Richard T. Steed Memorial Park, 247 Avenida La Pata, San Clemente, CA 92672 to be followed with a site visit, on September 1, 2022, at 9:0 a.m.

Proposals and all written inquiries related to this RFP are to be submitted confidentially to:

Amir K. Ilkhanipour, P.E.

City of San Clemente
Engineering Division
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Confidential
Proposal Closing Date: 4:00 p.m. on September 21, 2022
Three (3) of each Contractor’s proposal must be received by the City no later than 4:00 p.m. on September 21, 2022. All proposals must be delivered to the above address.

Proposals will not be accepted if received after the closing date. Interviews of the top candidates will be arranged within a few weeks from the proposal due date.

Proposals will become part of the official files of the City of San Clemente and cannot be returned.
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REQUEST FOR PROPOSAL

STEED PARK PICKLE BALL COURTS
PROJECT NO. 13703

1. INTRODUCTION
The City of San Clemente (City) is seeking proposals from qualified Engineering firms for preliminary/concept design, final design and preparation of a bid package for the new pickle ball courts and other amenities including, but not limited to, constructing an accessible path of travel from existing parking lot, constructing a potential new parking lot near the courts, and restroom structure based on currently developed site-specific park master plan, as collectively hereinafter call “Project”.

The proposed new pickle ball courts are located at Richard T. Steed Memorial Park, 247 Avenida La Pata, San Clemente, CA 92672, as shown on the enclosed Location Map. Scope of engineering services includes preparation of a Preliminary Design Report (PDR), final design and preparation of construction documents (PS&E) for public bidding and, bidding and construction support services.

Geotechnical and surveying services will also be required for the Project by Consultant and/or its sub-consultants.

2. BACKGROUND
Community parks are designed to serve larger portions of the City or the entire City. They are generally over 10 acres in size. These parks include major sports facilities such as baseball, softball, soccer, football, tennis, and basketball. These facilities generally include field lighting and parking lots to accommodate high use. Neighborhood park amenities (picnic areas and children’s play areas) are also included since community parks are also designed to serve neighborhood park needs.

The City Council awarded a contract to SWA, a landscape architect firm, to update site-specific park master plans for the Richard T. Steed Memorial Park at its March 2, 2021 meeting. After a considerable amount of public feedback and comments, the conceptual plans have been provided by SWA (Exhibit A).

Exhibit A attached to this RFP is the Conceptual Layout for the project. The Consultant is not generally to deviate from the Conceptual Layout, but rather assist the City in achieving this design that the Community has envisioned. The project may include a new parking and access improvements from the City’s vacant parcel 165
located on Avenida Fabricante (shown as Element #11on Exhibit A). Project features will include (16) Pickle ball Courts, Pickle Ball Court Plaza, Pickle Ball Shade Structure, Restroom Structure, potential new Parking Lot near the courts, Stair Connection to new Parking Lot, Accessible Ramp to new Parking Lot, New Landscaping, Lighting and, new fencing around the perimeter of the proposed project area. The total scope of the project and the conceptual design are presented as Exhibit A at the end of this RFP.

3. REQUESTED DESIGN OBJECTIVES
Below is a listing of tasks for the anticipated scope of work for the Project. These general guidelines should be used as a basis to prepare the proposal; however, the scope of work may be altered to suit the design approach and methodology proposed by the consulting firm.

A. GENERAL
The Consultant shall provide Design, prepare Preliminary Design Report (PDR), Plans, Specifications and Estimate (PS&E) for public bidding, and secure all permits and approvals necessary for construction (excluding bidding/award) in accordance with currently developed concept illustrative plan (Exhibit A- proposed concept elements #5, 6, 7 8, 9, 10, 11, and 12).

The Consultant shall prepare a detailed design, plans, and specifications, which involves preparation of engineering plans, landscape plans, civil, electrical, mechanical, architectural, structural, instrumentation, street lighting and all other services directly or indirectly related to proper design and implementation of this project.

The Consultant shall evaluate, identify and list all tasks with associated costs for complete services from the beginning of design up to bidding (bidding not included) for construction and acceptance of the project by the City Council.

B. ENVIROMENTAL
Environmental approvals for this project are by others. Consultant shall design the project in accordance with all environmental regulations, requirements, State environmental policies and requirements, State and City Water Conservation Code/Ordinance requirements, and all Project CEQA requirements. 166
C. GEOTECHNICAL
Geotechnical work shall be included in the proposal and scope of work as provided via a sub-consultant. The scope of work and proposal shall include construction testing and inspection for the Project.

D. SURVEYING
The Consultant shall perform all surveys and survey-related services necessary for the Project, including, but not limited to:

1. Conduct utility surveys, boundary surveys, lot surveys, and property line surveys to obtain sufficient information for engineering design of the proposed improvements. Maximum contour interval shall be 0.5 feet.

2. Prepare topographic base maps containing all surface features and needed elevations.

3. Establish a minimum of two (2) temporary benchmarks on the project site and show on the plans.

4. Submit survey topography on a flash drive and a separate hard copy plot provided for the proposed improvements, using AutoCAD Land Development or compatible software approved by the City. Survey points with coordinates, elevations, and description key shall be AutoCAD Land Development Standard Survey Descriptions only; no other survey description will be allowed.

E. UTILITY COORDINATION

1. The Consultant shall coordinate and process paperwork with local power utility consultant for new points of connection and other requirements.

2. The Consultant shall coordinate with local power utility consultant for the source and location of the power for the irrigation and lighting, and all other electrical needs for the project and location for the meter cabinet and irrigation controllers and lighting cabinet. The Consultant shall obtain the address for the meter cabinet, when the location is known, from the City and provide the address to the Project Manager.
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F. UTILITY POTHOLING
Potholing field work shall be by others (not Consultant); however, the Consultant shall coordinate, and incorporate all information and analysis from a separate Potholing firm to be hired by the City into the design PS&E.

Consultant shall prepare potholing plan. Consultant shall coordinate and obtain locations and ties to all pothole locations to accurately show them on the plans and provide along with the pothole information on depth and type of underground features found.

G. HYDROLOGY/HYDRAULICS REPORT
The consultant shall provide a Hydrology and Hydraulics Report to include recommendations on how the drainage will be handled throughout the Project watershed area in which the park is located and connected to the existing storm drain system. Hydraulic calculations are required for all the proposed drainage devices.

The hydrology calculations and storm drain design shall conform to the Orange County Hydrology Manual, Orange County Flood Control District Design Manual, Orange County Department of Public Works Local Drainage Manual, and City of San Clemente requirements, standards and practices.

H. GENERAL SUBMITTAL REQUIREMENTS

1. Consultant shall Finalize Construction Documents and forward to City for Agency Plan Check.

2. Consultant shall accept multiple redline/comment plan/design drawings and reports, specifications, etc. and return previous redlined/comment checked documents with each subsequent submittal. Expect at least 3 plan check reviews by the City.

3. Consultant shall provide all materials and labor needed and shall make all submittals to the City of San Clemente for review and approval of the PS&E documents.

4. The Consultant shall provide 30% Submittal design services that shall include, but not be limited to, providing the City Project Manager:
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a. Prepare preliminary Design Report and thirty percent (30%) plan set submittal shall be prepared and submitted to the City Staff/Contract Project Manager for review and comment. The Consultant shall review all available data and evaluate the conditions of the proposed park site to develop a preliminary design drawings including the recommended site layout, base sheets for all proposed improvements indicated on the concept illustrative plans Exhibit A (proposed concept elements 5 thru 12), landscaping plans, grading, drainage, electrical, and irrigation and utility connections/layout. At least two alternative layouts should be considered for City’s review and final selection to move forward with the 60% design. Conceptual cost estimates for both alternatives shall be provided.
b. Determine requirements for various permits necessary for the project. c. Conduct pre-design site and coordinate geotechnical investigations. d. Perform survey and prepare base map, including field edits.

5. The Consultant shall provide 60% Submittal design services that shall include, but not be limited to, providing the City Project Manager:
a. Prepare a sixty percent complete (60%) set of the PS&E design drawings, draft specifications (i.e. boilerplate with technical), and a detailed opinion of probable construction cost estimate shall be prepared and submitted to the City Staff/Contract Project Manager for review and comment. This 60% design must show a complete base map, field verification, existing improvements, and proposed improvements. b. Utilities Coordination should all be completed and incorporated on the plans.
c. Building Submittal for Pickle ball Shade Structure, Restroom structure and, all other structures.

6. The Consultant shall provide 90% Submittal design services that shall include:

Prepare ninety percent complete (90%) sets of the PS&E and final design drawings, complete specifications with all boiler-plate and technical appendices, etc., ready for final review by the City. Construction cost estimates shall also be prepared and submitted to the City. 169

7. The Consultant shall provide the final construction drawings, specifications, and final cost estimate (i.e. Engineer’s Estimate) for public advertising. The 100% PS&E shall be stamped and signed by the Consultant Design Landscape Architect, Civil Engineer, and all others involved in the design and licensed to practice in the State of California, who supervised the PS&E preparation.

I. SPECIFIC DESIGN SUBMISSION REQUIREMENTS

1. Civil
a. The Consultant shall prepare Precise Grading Plan in accordance with the standards and specifications of the City of San Clemente Building Department and per Public Works Project Manager.
b. All on-site and offsite (public right of way) improvements will be shown on the precise grading plan
c. The Consultant shall prepare separate domestic water and irrigation offsite water services plans.
d. Consultant shall identify and indicate on plans site access and staging area during construction.
e. The Consultant shall provide necessary plan and profile sheets with hydraulic grade lines, calculations for pipe sizing, detailing of connections, catch basins, lateral pipes, for all portions of the proposed drain or culvert.
f. The plans shall clearly show the horizontal location and elevations of overhead and underground utilities that are in the immediate vicinity of proposed improvements.
g. Consultant shall provide complete contract documents including biddable and constructible drawings and specifications based upon City and industry standards, manufacturer recommendations, and regulatory requirements.
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2. Structural
a. The Consultant shall provide structural calculations for the Restroom, Pickle ball Shade and, all other Structures.
b. The Consultant shall obtain approval of the necessary Building Permits for the Restroom, Pickle ball Shade and, all other Structures. c. Consultant shall provide full and detailed structural plans to the satisfaction of the Building Official and City Project Manager signed, dated and sealed by a State of California registered Civil Engineer.

3. Irrigation
a. The Consultant shall evaluate existing irrigation system and, if necessary, design one that meets the needs of the park site, with full and complete plans and specifications. Recycled water use shall be incorporated in the design.
b. Irrigation system shall comply with the City’s Water Conservation Ordinance, and with the State’s Water Conservation Code. c. Technical Specifications shall provide all information necessary for the construction and incorporation of an irrigation system for the Park that operates as part of the City’s centralized irrigation control system. d. Consultant shall provide full and detailed irrigation plans to the satisfaction of the City Project Manager signed, dated and sealed by a State of California registered Civil Engineer.

4. Electrical
a. The Consultant shall coordinate and process paperwork with local power utility consultant for new point of connection and other service requirements.
b. The Consultant shall design new power distribution system from new main pedestal to all new walkway light fixtures, up lights, streetlights and irrigation controllers to meet Architect’s and City’s requirements. c. The Consultant shall design walkway lighting to meet all building codes presently adopted by the authority having jurisdiction. 171
d. Consultant shall provide full and detailed electrical, electrical service, and lighting plans signed, dated and sealed by a State of California registered Electrical Engineer.

5. Landscaping, Hardscaping, Plantings and Trees
a. Consultant’s Landscaping design shall generally comply with the Conceptual Plans, Exhibit A.
b. The Consultant shall prepare a Concept Landscape Plan and get City’s approval prior to completing the final Planting Plans for trees specified in Technical Specifications, for all trees, shrubs, plants, and biological related components of the park.

6. Project Schedule
The Consultant shall prepare a project schedule and provide hard copies for reports and staff usage. The project schedule shall be updated regularly and handed out during the Project Development Team (PDT) meetings.

The project schedule shall be divided into tasks and subtasks in full detail showing their critical path for expeditious project completion.

7. Project Meetings
The Consultant shall be responsible to schedule all necessary project meetings, prepare the meeting agenda, send invitation letters to required attendees, attend and chair the meetings. At the conclusion of each meeting the Consultant shall prepare and distribute meeting minutes, within three (3) working days, to the satisfaction of the City Project Manager.

8. Meet with City staff as required, for questions and general communication including evidencing progress on the design and provide written meeting minutes to City staff (hours included in item 10 below)

9. Milestone submittals of plans for review will be at:

30% complete
60% complete
90% complete
Final PS&E (Bid Package)
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City staff will require 15 working days for review with markup and comments for each of the submittals.

10.Provide bid and construction support services.

The Consultant shall prepare and submit as part of this proposal provisions for bid support and construction support services. Offer a not-to-exceed maximum fee, which includes: 1) 15 hours for bid support responding to bidders’ questions and preparing addendums as needed, 2) 40 hours shop drawing review, 3) 55 hours of meeting time by the team project manager or engineer, project inspections, progress construction meetings, consultation time, and 4) 20 hours of record drawing preparations.

4. PROJECT ORGANIZATION AND SCOPE OF WORK
Proposal is to contain the following information:

1. Describe your firm’s understanding of the project.

2. Describe the effort that defines what you propose to do, how you propose to do it, and your proposed schedule.

3. Identify project manager and team members, including all subconsultants proposed for the project. Provide resumes of all team members.

4. Provide information on your firm’s and subconsultant’s experience on related projects. Provide three references with phone numbers where a similar service was performed by your firm within the last five years.

5. Itemize tasks, man-hours, staff, hourly cost and estimated costs for each milestone submitted of the project design. Define clearly the rate at which individual members of the team will be billed. Define clearly how unnamed staff members and expenses will be billed.

6. Include any services that your firm considers important to the project that are not included in this request.

7. Identify information needed from the City to accomplish the work described.
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5. DELIVERABLES
The engineering firm will be responsible for the following deliverables:

1. Progress submittal of plans and contract documents at the milestones stipulated.

2. Prepare Preliminary Design Report including objectives as stipulated.

3. Final design documents for construction with appropriate seal of California registered civil, structural and electrical engineers as applicable. Final plans and contract documents (including specs) require City Project Manager, Utilities Manager and City Engineer signatures of approval.

Selected firm will be provided with the City’s “front end” documents and general provisions (copy attached). The Consultant will be responsible for developing all technical specifications and customizing the City’s front-end documents as needed.

6. AVAILABLE INFORMATION
The following documents are included on the PlanetBids website.

1. Standard CITY OF SAN CLEMENTE Specification (for information Only) 174

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

A. GENERAL CONDITIONS

1. Pre-Contractual Expenses
Pre-contractual expenses are defined as expenses incurred by firms in:
x Preparing a proposal in response to this RFP
x Submitting that proposal to the City of San Clemente
x Negotiating with the City of San Clemente any matter related to this RFP, proposal and/or contractual agreement
x Any other expenses incurred by the firm prior to the date of an executed contract
The City of San Clemente shall not, in any event, be liable for any precontractual expenses incurred by any firm. In addition, no firm shall include any such expenses as part of the price proposed to conduct the services.

2. Authority to Withdraw RFP and/or Not Award Contract
The City of San Clemente reserves the right to withdraw this RFP at any time without prior notice. Further, the City makes no representations that any agreement will be awarded to any firm responding to this RFP. The City expressly reserves the right to postpone the opening of proposals for its own convenience and to reject any and all proposals in response to this RFP without indicating any reasons for such rejection(s).

3. Pricing Approach
The City of San Clemente intends to award a fixed price contract for the conduct of this project. In no event shall the City pay an amount in excess of the dollar value negotiated in the contractual agreement with the successful firm. Please note, the City will not pay for any travel time for the contractor’s staff arriving to the project site.
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4. Right to Reject Proposals
The City of San Clemente reserves the right to reject any or all proposals submitted. Any award made for this engagement will be made to the firm which, in the opinion of the City, is best qualified to conduct the project.

5. Proposal Evaluation Criteria
Proposals will be evaluated on the basis of their response to all provisions of this RFP. The City of San Clemente may use some or all of the following criteria in its evaluation and comparison of proposals submitted.

The following list is not necessarily all-inclusive and the order in which they appear is not intended to indicate their relative importance:
a. Consultant's responsiveness to the requirements of the project as set forth in the RFP.
b. A demonstrated understanding of the consultant's work plan and other proposal documents.
c. A logical, proven methodology for carrying out the work tasks described in the consultant's proposal and developing project deliverables. d. The firm’s recent experience in conducting projects of similar scope, complexity and magnitude.
e. The quality and quantity of personnel assigned to the project, including educational background, work experience and directly related recent consulting experience.
f. The organization structure of the proposed project team. g. The financial stability of the consultant.
h. Recent references from other clients.
i. The proposed project schedule including the design period required.

The length of the design period will not be a selection criterion unless deemed excessively long or unrealistically short.
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B. STATEMENT OF COMPLIANCE
Firms must submit a Statement of Compliance with all parts of the Request for Proposal and Draft Agreement (attached) terms and conditions, or a listing of exceptions and suggested changes, along with a description of any cost implications or schedule changes the exceptions and/or changes cause. The Statement of Compliance must declare either:

1. This proposal is in strict compliance with the Request for Proposal and Draft Agreement and no exceptions to either are proposed; or

2. This proposal is in strict compliance with the Request for Proposal and Draft Agreement except for the items listed.

For each exception and/or suggested change, the bidder must include:
a. The suggested change in the RFP or rewording of the contractual obligations.
b. Reasons for submitting the proposed exception or change. c. Any impact the change or exception may have on project costs, scheduling or other considerations.

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

D. INSURANCE COVERAGE
Prior to commencement of any project activities, consultant is to secure worker's compensation insurance, so as to be in compliance with State statutes and comprehensive general liability insurance, including auto and contractual liability coverage, in an amount not less than $1 million.
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E. ENCLOSURES

1. Pickle ball Facility Location Map

2. Exhibit “A”, Concept Illustrative Plan

3. Steed Park 2ft Contours for information only

4. Standard “City of San Clemente Professional Consultant Services Agreement” 178
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1 55452.01100\31193624.5
[ MODEL - REMOVE THIS TITLE WHEN USED ]

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio , San Clemente, California, 92673 ("City") and [INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS; I.E.,

CORPORATION (INCLUDE STATE OF INCORPORATION), LIMITED LIABILITY COMPANY, SOLE PROPRIETORSHIP, ETC.], with its principal place of business at [INSERT ADDRESS] ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional [INSERT TYPE] 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 [INSERT TYPE] consulting services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional [INSERT TYPE] consulting services for the [INSERT NAME OF PROJECT, AND CONTRACT NUMBER, IF APPLICABLE] project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [INSERT TYPE] consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. [INSERT IF FEDERAL FUNDS WILL BE USED; OTHERWISE ALWAYS DELETE: Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I.”]

3.1.2 Term. The term of this Agreement shall be from [INSERT DATE] to [INSERT DATE], unless earlier terminated as provided herein. [***INSERT THE FOLLOWING

SENTENCE FOR MULTI-YEAR, AUTOMATIC RENEWAL NOT TO EXCEED THREE CONSECUTIVE YEARS; OTHERWISE, ALWAYS DELETE: The City shall have the unilateral (1&/2685(
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2 55452.01100\31193624.5
option, at its sole discretion, to renew this Agreement automatically for no more than [INSERT NUMBER] additional one-year terms.***] Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

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

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

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

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

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

3.2.6 City's Representative. The City hereby designates [INSERT NAME AND TITLE], or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's 184
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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 [INSERT NAME AND TITLE], or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

3.2.9 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 185
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or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

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

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed [INSERT AMOUNT WRITTEN OUT] ($[INSERT NUMBER]) 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 "D" of this Agreement.

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

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

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

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

3.3.6.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be 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 187
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of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

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

Consultant: [INSERT BUSINESS NAME]
[INSERT STREET ADDRESS]
[INSERT CITY STATE ZIP]
ATTN: [INSERT NAME AND TITLE]
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: [INSERT NAME AND TITLE]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

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

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

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use 188
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City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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.

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the 189
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parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

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

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

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

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

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

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

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

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

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

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

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working 190
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solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain 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.

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

CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Its:_______________________________
______________________________ Dated: ____________________, 20____ 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

__________________________
(“CONSULTANT”)
By:_____________________________
Its:_____________________________
Dated: __________________, 20____
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11 55452.01100\31193624.5
EXHIBIT "A"

SCOPE OF SERVICES
193
1 55452.01100\31193624.5
EXHIBIT "A-I"

FEDERALLY REQUIRED PROVISIONS FOR SERVICES
[INSERT FEDERALLY REQUIRED PROVISIONS TRIGGERED BY RECEIPT OF FEDERAL FUNDS FOR THE SERVICES; OTHERWISE
ALWAYS DELETE ENTIRE EXHIBIT “A-I”]
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EXHIBIT "B"

SCHEDULE OF SERVICES
195
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EXHIBIT “C”

INSURANCE REQUIREMENTS

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

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

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) 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 Consultant 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 Consultant's own vehicle stipulating "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident"; and (2) a non-owned auto endorsement to the Commercial General Liability policy if Consultant uses vehicles of others (e.g., vehicles of employees). ALWAYS 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. (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 196
55452.01100\31193624.5
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:
(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. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

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

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

3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
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3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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

3.2.12.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

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

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

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City 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 normally provided by any insurance. 198
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3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing 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 volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

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EXHIBIT “D”

COMPENSATION
[INSERT THE FOLLOWING PROVISION IF THE AGREEMENT WILL AUTOMATICALLY RENEW: In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Long Beach-Anaheim, CA.]
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WORKER’S COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION

I hereby affirm under penalty of perjury one of the following declarations:

(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

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

Carrier____________________________________________________ Policy Number______________________________________________

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 PENALTIES 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.
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Dated: ________________________, 20____
________________________________
Consultant
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
202

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/15/2022 Agenda Item: F.

Department: Public Works
Prepared By: Amir K. Ilkhanipour, Principal Civil Engineer Subject:

CONSTRUCTION CONTRACT AWARD TO JENNETTE COMPANY, INC. FOR THE WATER RECLAMATION PLANT SLUICE GATES REPLACEMENT (PHASE 2), CIP PROJECT NO. 26212 Fiscal Impact:

Yes. The estimated total construction cost of $245,000 is within the available approved project budget of $601,110 from the Sewer Depreciation Reserve Fund, CIP Project No. 21001.

Summary:

Staff recommends approval of a construction contract with Jennette Company, Inc., in the amount of $193,000 (i.e. base bid and alternate item), for the Water Reclamation Plant Sluice Gates Replacement (Phase 2).

Background:

The Water Reclamation Plant (WRP) has multiple sluice gates that have reached the end of their useful life due to corrosion and are in need of replacement. Sluice gates are used to direct or stop flows to various treatment processes throughout the WRP.

A bid package for the replacement of two sluice gates, including some mechanical and electrical components and a grating cover, was advertised for competitive bidding on the PlanetBids website.

Six bids were received on October 19, 2022, ranging from $193,000 to $365,755, as shown on Attachment 2. The lowest responsive bidder was Jennette Company, Inc. of San Diego, California at $193,000. Based on the low bid, construction costs are estimated as follows:

Construction Management, Administration and Inspection $ 23,000 Construction Contract 193,000
Project Contingency (15%) 29,000
Total Estimated Construction Costs $245,000
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.

Plan and Policy Consistency:

The project is consistent with the following General Plan Goals and Policies:
· Urban Design - Maintenance Goal: Achieve a sustained level of maintenance and improvement of properties, buildings, landscaping and infrastructure that protects values, encourages additional CITY OF SAN CLEMENTE Page 1 of 2 Printed on 11/9/2022
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Meeting Date: 11/15/2022 Agenda Item: F.
public and private investments and promotes San Clemente’s high quality of life. · Policy UD-4.06. Maintenance of Infrastructure and Public Realm. As resources allow, we maintain and where appropriate, improve infrastructure and the public realm, including landscaping, sidewalks, signage, furniture and other streetscape elements.

Council Strategy:

The project is consistent with Council Strategy 3 - Update and maintain infrastructure that reflects best available technology and service - in that the project maintains City infrastructure.

Recommended Actions:

Staff Recommendation

1. Approve the plans and specifications for the WRP Gates Replacement (Project #2), CIP Project No. 26212; and

2. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. ______, by and between the City of San Clemente and Jennette Company, Inc., in the amount of $193,000, for the WRP Sluice Gates Replacement (Project #2), CIP Project No. 26212.

Attachment:

1. Location Map

2. Bidders' List

3. Contract without Attachments
Notification:

None.

CITY OF SAN CLEMENTE Page 2 of 2 Printed on 11/9/2022
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CLE LAGO
A V
E

T R A B U C O

AVE ARAGON

EL CAMINO REAL (COAST HWY) CLE DE LOS MOLINOS

AVE PICO

LOS OBREROS LN

BOCA DE LA PLAYA

AVE ESTACION CLE DESHECHA SENDA DE LA PLAYA

CLE COLINA

BUENA VIS

CLE SACRAMENTO

AVE HACIENDA

CLE LAS BOLAS

CLE VALLE

AVE DE LA CLE REDONDEL

CLE BONITO

CLE MIRADOR

AVE DEL REPOSO

EL PRADO

RINCON CT

CLE DE INDUSTRIAS AVE NAVARRO
A. T. & S. F. R. R. AVE DE LA GRULLA

AVE FLORENCIA DIJE CT CLE PUENTE

PACIFIC OCEAN

VIA PICO

ESTRELLA

EL CAMINO REAL (COAST HWY)
DE LOS

CALLE MOLINOS

SAN CLEMENTE

WATER RECLAMATION
PLANT

ARBLEHEAD

LOCATION MAP
Attachment 1

PROJECT

LOCATION

NOT TO SCALE
WRP/Sluice Gates
Replacement (Project #2)
PN 26212
205
City of San Clemente
Bid Results for Project WRP Sluice Gate Replacement Project #2 (Project No. 26212) Issued on 09/19/2022
Bid Due on October 19, 2022 2:00 PM (PDT)
Vendor Name Address City State Zip Bid Amount Format
Jennette Company Inc. 9235 Trade Place Suite B San Diego CA 92126 $193,000.00 Electronic Vicon Enterprise Inc PO Box 18208 Anaheim CA 92817 $218,000.00 Electronic Tharsos Inc. 7839 University Ave La Mesa CA 91942 $228,655.00 Electronic Canyon Springs Enterprises PO BOX 2810 hemet CA 92546 $299,000.00 Electronic Wier Construction Corp 16884 Old Survey Rd Escondido CA 92025 $344,400.00 Electronic MLC Constructors Inc 710 Rimpau Ave Suite 208 Corona CA 92879 $365,755.00 Electronic Attachment 2
206
SECTION 00500
CONTRACT 1
55452.01510\32905704.2
SECTION 00500

CONTRACT
THIS CONTRACT is made this day of , 20 , in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and Jennette Company, 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:

WRP Sluice Gate Replacement Project #2
The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 150 working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Hundred Ninety Three Thousand Dollars ($193,000). Payment shall be made as set forth in the General Conditions.

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

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of $1000_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
Attachment 3
207
SECTION 00500

CONTRACT
SECTION 00500
CONTRACT 3
55452.01510\32905704.2
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion 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 with all of the Contract Documents.

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

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

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

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the office of City Clerk 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.
208
SECTION 00500

CONTRACT
SECTION 00500
CONTRACT 3
55452.01510\32905704.2
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:

ATTEST: Its:

Dated: , 20
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
(“CONTRACTOR”)
By:

Its:

Dated: , 20

END OF CONTRACT
209

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/15/2022 Agenda Item: A.

Department: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject:

CONSIDERATION OF ESTABLISHING A POLICY FOR NIGHT SURFING AT THE SAN CLEMENTE PIER
Fiscal Impact:

Yes, installation of lighting infrastructure on the Pier is estimated at $25,000, plus ongoing maintenance and electricity costs. An environmental analysis would also likely be required and is estimated at $25,000.

Summary:

Staff recommends the Council take no further action on the implementation of night surfing activities from the San Clemente Pier due to the negative impacts on the native marine life and potential safety concerns for surfers and lifeguards.

Background:

At its November 17, 2020 meeting, the City Council requested staff provide information on the possibility of allowing night surfing on the north side of the Pier.

At its July 20, 2021 meeting, the City Council directed staff to research information regarding other agencies that provide a similar amenity.

At its September 7, 2021 meeting, the City Council (3-2, Councilmembers Ferguson and Knoblock voting Noe), directed staff to draft infrastructure proposals and policies relating to a pilot program for night surfing (Attachment 2). Additionally, Council directed staff to recommend allowable hours of surfing and time of year when night surfing would be allowed and identify all agencies with whom the City would need to coordinate in order to permit night surfing.

Discussion:

Staff have communicated with agencies and industry experts regarding this proposal, including the California Coastal Commission (“CCC”) and the Joint Powers Insurance Authority (“JPIA”). The CCC will require a Coastal Development Permit and subsequent environmental analysis, which will have cost implications.

The JPIA has additionally opined on the proposed policy. Like daytime surfing, night surfing will be protected under Government Code section 831.7 under recreational immunity if an incident were to occur. Hazardous recreation activity immunity applies to public entities and public employees and therefore, would cover both the City and any lifeguards provided.

However, if an incident occurs there are uncertainties about the ability to respond adequately to a CITY OF SAN CLEMENTE Page 1 of 3 Printed on 11/9/2022
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Meeting Date: 11/15/2022 Agenda Item: A.

However, if an incident occurs there are uncertainties about the ability to respond adequately to a medical emergency given the additional risk associated with lifeguard rescues during nighttime conditions. This includes limited visibility and uncertain environmental and biological hazards. As an established principal of beach safety, Marine Safety regularly promotes swimming near a lifeguard when visiting the beach, and likely the allowance of night surfing would not support this. Surfing at night can be dangerous to the surfer as visibility is significantly reduced often causing a loss of awareness of nearby surroundings and markers on the shore. Specific to San Clemente, the greater concern is the proximity to the pier and the pilings that surfers can collide with or become tangled in.

Lastly, staff have communicated with professionals from the Shark Lab at the California State University Long Beach who have cited published studies and scientific papers that demonstrate the negative impacts that nighttime lights on the water can have on marine life and death rates through increased predation and reproduction (cause fish to spawn off cycle). Additionally, evening lights can affect circadian rhythms affecting their feeding and metabolism (Attachment 1).

In staff’s review of surrounding coastal cities, there are no agencies that formally sanction night surfing. Most often, if night surfing occurs in a coastal town, the surfers will utilize the off spray from surrounding pier lights or surf underneath a full moon.

Due to the negative impacts on marine life, the surrounding environment, and a possibly restrictive permitting process through the CCC, staff recommends not moving forward with this project.

However, in following the direction of the Council, staff has prepared a draft infrastructure proposal and policy for a pilot program for night surfing (Attachment 2). If Council elects to implement a Night Surfing Policy, staff recommends night surfing be allowed during the late fall/winter season (November 1 through March 15). Due to daylight savings, these months have shortened daylight hours, and providing lights off of the pier could extend surfers the opportunity to use the waters after sunset.

Plan and Policy Consistency:

The proposed project is inconsistent with the following General Plan Goals and Policies:
· Natural Resources Dark Skies Goal: Minimize light trespass and pollution caused by public and private structures, new development, and public facilities to ensure safety, protection of the natural environment, and preservation of dark nighttime skies. · Policy NR-7.02. Public Facilities, Buildings and Streets. We use outdoor light shielding measures to minimize light trespass and glare while enhancing safety and aesthetics. · Policy NR-7.04. Public Education and Outreach. We support programs that provide public education on the importance of dark skies and how to protect them. We collaborate with nonprofit and other public agencies to help achieve our goals.

Council Strategy:

Not applicable.

Recommended Actions:

CITY OF SAN CLEMENTE Page 2 of 3 Printed on 11/9/2022
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Meeting Date: 11/15/2022 Agenda Item: A.

Staff Recommendation
Staff Recommends the City Council take no further action on the implementation of night surfing at the San Clemente Pier.

Attachment:

1. Open Research Exeter Article, “The nature, extent, and ecological implications of marine light pollution”, February 2, 2018

2. Draft Night Surfing Policy
Notification:

Beaches, Parks & Recreation Commission
Fisherman’s Restaurant
CITY OF SAN CLEMENTE Page 3 of 3 Printed on 11/9/2022
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Attachment 1
213
214
215
216
217
218
219
220
221
222
Attachment 2

POLICY AND PROCEDURE

1.0 PURPOSE:

To establish policies and regulations for the designation of night surfing on the north side of the San Clemente Municipal Pier.

2.0 ORGANIZATION AFFECTED:

Beaches, Parks & Recreation Department

3.0 REFERENCES:

San Clemente Policy # 701-1: Operation of Sports Lighting Facilities within City Parks, Golf Course, and on the Beach

4.0 POLICY:

In an effort to meet the recreational surfing needs of the residents and visitors of San Clemente, the use of overhead lighting along the north side of the pier will provide for seasonal expanded use of the ocean waters for surfing activities.

5.0 PROCEDURE:

5.1 The hours of operation for night surfing activities shall be weekdays from November 1 through March 15, from dusk to 8 p.m.

5.2 Lighting will be directed towards the water surface and provided for along the north edge of the pier.

5.3 Marine Safety lifeguarding services will not be provided.

5.4 Special exceptions may be granted with the approval of the Beaches, Parks and Recreation Commission through the Special Event Permit process. The Commission shall have the authority to require the applicant requesting the exception to the policy to notify, in writing, residents, and businesses surrounding the pier facility within 300 feet.

6.0 DEFINITIONS:

Subject: Night Surfing at San Clemente
Pier
Index: 701
Number: 701-___
Effective Date: Prepared By: Beaches, Parks &
Recreation
Supersedes: N/A Approved By:
223
Attachment 2

6.1 Evening use: Dusk until 8 p.m.

6.2 Night Surfing Area: The area designated on the north side of the municipal pier established for evening surfing will be 50 feet away from the Fisherman’s Restaurant, and span 250 feet seaward along the north edge of the pier. See Exhibit A.

EXHIBIT A
224
Attachment 2
225

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/15/2022 Agenda Item: A.

Subject:

LETTER TO THE ORANGE COUNTY BOARD OF SUPERVISORS CONCERNING ELECTION

CONTRIBUTIONS BY UNIONS AND THE IMPACT OF INCREASES TO OCSD COSTS/BUDGET CITY OF SAN CLEMENTE Page 1 of 1 Printed on 11/9/2022
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City Hall ● 910 Calle Negocio, San Clemente CA 92673 ● (949) 361-8200 ● www.san-clemente.org

OFFICE OF THE MAYOR

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

INTERIM CITY MANAGER
Sean Joyce
910 Calle Negocio
San Clemente, CA 92673
Phone: (949) 361-8200
“The Spanish Village
by the Sea”
November 15, 2022
Dear Orange County Board of Supervisors,
We are extremely concerned about the hundreds of thousands of public employee union dollars being used for independent expenditures for and against certain Board of Supervisor candidates. We are particularly concerned about the upcoming labor negotiations between the Board of Supervisors and the Association of Orange County Sheriff’s Deputies. It begs the question; what is being promised by candidates being supported by the deputies union? It certainly appears at least one supervisor candidate is being bought by the union.

For the City of San Clemente, 26% of our budget is dedicated to contract police services; should the Board of Supervisors agree to unreasonable pay raises with the deputy union, it will result in severe consequences for our taxpayers. San Clemente City Council will be compelled to make very difficult decisions ranging from reducing the number of deputies to reducing other city services or contemplating other law enforcement options.

In San Clemente, we have limited pay raises for our city employees to 1% annually for the next three years. We urge the Board to consider a similar fiscal move. At the conclusion of your labor contract with the union, taxpayers need to be treated fairly. The Democrat policies of Sacramento and Washington have decimated our hardworking families and we cannot allow union bosses in Orange County to further the suffering of taxpayers.

Sincerely,
Gene James
Mayor
City of San Clemente
CELEBRATING 90 YEARS OF INCORPORATION
227

_______________________________
Kathleen Ward
Mayor, City of San Clemente
Cc: Sheriff-Coroner, Orange County Sheriff’s Department Board of Directors, Asssoication of Orange County Deputy Sheriffs City Council, Aliso Viejo
City Council, Dana Point
City Council, Laguna Hills
City Council, Laguna Niguel
City Council, Laguna Woods
City Council, Lake Forest
City Council, Mission Viejo
City Council, North Patrol
City Council, Rancho Santa Margarita
City Council, San Juan Capistrano
City Council, Stanton
City Council, Villa Park
City Council, Yorba Linda
228

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/15/2022 Agenda Item: B.

Department: Public Works
Prepared By: Kiel Koger, Public Works Director/City Engineer Subject:

BICYCLE PARKING AT RIVIERA BEACH ACCESS
Fiscal Impact:

None at this time.

Summary:

Per the request of City Council at the October 18th City Council meeting, staff reviewed the Riviera Beach Access for the possibility of adding bike parking in this area due to the number of bikes and ebikes present, especially on the weekends.

Background:

The Riviera Beach Access currently consists of three planters containing mature landscaping and a center walkway with steps leading down to the beach. The access is located on a cul-de-sac between two residential houses. Staff previously spoke to both homeowners adjacent to each side of the access about the possibility of improving the area and received mixed reactions. Due to the location and community interest that this project has generated, the project should be vetted with public input. Being in the Coastal Zone, a Coastal Development Permit from the California Coastal Commission may be required as well.

Initial conceptual ideas are to remove the two planters running along the adjacent fences and replace with several bike racks and light landscaping. The center walkway could also be replaced as well with new concrete. The planter adjacent to the sidewalk could be salvaged and resurfaced with the addition of new landscaping. Design, construction and permitting costs could be $200K or higher depending on the improvements to the area.

Staff would initiate the project by conducting some community meetings to gain public input and determine if there is neighborhood consensus.

Plan and Policy Consistency:

The project is consistent with the following General Plan Goals and Policies:
· Beaches, Park and Recreation Element Goal: Provide a safe, environmentally sustainable and attractive open space and trails network, including walking, bicycling, hiking and equestrian trails, that connects key open space areas and recreational amenities. · Policy BPR-4.02. Trails and Staging Areas. We support the development, maintenance and enhancement of local trails and staging areas using best sustainable practices. · Coastal Element Goal: Create and maintain outstanding public access and recreational and CITY OF SAN CLEMENTE Page 1 of 2 Printed on 11/10/2022
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Meeting Date: 11/15/2022 Agenda Item: B.
· Coastal Element Goal: Create and maintain outstanding public access and recreational and visitor-serving opportunities in the Coastal Zone, consistent with effective resource conservation practices and the protection of private property rights. · Policy C-1.01. Coastal Access. We establish, maintain, and where feasible, expand public coastal access to the shoreline, beaches, tidelands, and recreational facilities in a manner that:
a. Maximizes public access to and along the shoreline…
c. Includes, where appropriate, pedestrian, hiking, bicycle and equestrian trails; d. Provides connections to beaches, parks, and recreational facilities and trail networks with adjacent jurisdictions…
g. Facilitates alternative modes of transportation, such as walking, bicycling, and public transit, including local shuttles….

Council Strategy:

The project is consistent with Council Strategy 3, which is to update and maintain infrastructure that reflects best available technology and service.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council include this project in the FY 2023-24 Budget as part of the Capital Improvement Program due to the costs needed for design, construction and permitting which could be $200K or higher depending on the improvements to the area.

Attachment:

None
Notification:

None
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 11/10/2022
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/15/2022 Agenda Item: C.

Department: Public Works
Prepared By Ryan Kim, Senior Civil Engineer - Traffic
Subject:

UPDATE ON PARKING VIOLATION REDUCTION AND TRAFFIC SAFETY IMPROVEMENT PLANS

ON VIA SAN GORGONIO
Fiscal Impact:

Yes. The approximate $1,000 cost for additional signage would be funded from the Public Works - Maintenance Division Operation’s budget.

Summary:

During the September 20, 2022 City Council meeting, a resident spoke of their concerns related to parking violations, traffic matters, and pedestrian safety in and around San Gorgonio Park. City Council directed staff to report back on the matter at a future City Council meeting.

Background:

Via San Gorgonio is a two-way residential street providing access to San Gorgonio Park from Avenida Vaquero and Calle Vista Torito as shown in Attachment 1. The roadway is approximately 40 feet wide from curb to curb. The roadway geometry includes horizontal, vertical, and combined curves with a 25 miles per hour (mph) posted speed limit. San Gorgonio Park is located on the east side, while residential properties front the west side of the street. Parking is allowed on both sides of the roadway.

In October 2021, a resident raised traffic safety concerns at the entrance of San Gorgonio Park, vehicular speeding on Via San Gorgonio, and pedestrian walking along the street due to the lack of a sidewalk on the east side of the roadway. On February 15, 2022, City Council approved and authorized new red curbs at the park entrance for better sight distance and edge lines on both sides of Via San Gorgonio between Avenida Vaquero and Calle Vista Torito for traffic calming (See Attachment 2).

At the September 20, 2022 Council meeting, a resident raised additional concerns and provided photographs (Attachment 3) of reported parking violations and pedestrians in the roadway. The first three photos demonstrate vehicles parked at the red-curb entrance of San Gorgonio Park and near the fire hydrant facing 2925 Via San Gorgonio. The illegal parking also hinders the line of sight and could create a traffic hazard at the park entrance. The last photo displays pedestrians walking along the street on Via San Gorgonio.

Discussion:

As illustrated in Attachment 4, staff recommends increasing parking enforcement and installing “Pedestrian Crossing” warning signs and “Side Roadway” signs to mitigate parking violations and CITY OF SAN CLEMENTE Page 1 of 2 Printed on 11/9/2022
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Meeting Date: 11/15/2022 Agenda Item: C.
“Pedestrian Crossing” warning signs and “Side Roadway” signs to mitigate parking violations and traffic and pedestrian safety concerns.

San Gorgonio Park’s most crowded times appear to be on Saturdays during the youth sport programs in the Spring, Summer, and Fall. Orange County Sheriff’s Department (OCSD) and/or Retired Senior Volunteer Program (RSVP) patrols during this time may help reduce parking violations. It should be noted that additional patrols may only occur during times OCSD units and RSVP staffing allows.

Plan and Policy Consistency:

The action is consistent with the following General Plan Goals and Policies:
· Roadway System Goal: Create a balanced transportation network that provides mobility and access for all modes of travel, including motor vehicles, transit, bicyclists, pedestrians, and rail traffic.
· M-3.02. Complete Streets Roadway Standards. We require that pedestrian, vehicular, and bicycle circulation on public and private property is coordinated and designed to maximize safety, comfort and aesthetics and is consistent with Federal, State, Orange County, and local laws, codes, and standards.

Council Strategy:

The action is consistent with Council Strategy 3 - Update and maintain infrastructure that reflects best available technology and service - in that installation of additional signage would update City infrastructure.

Recommended Actions:

STAFF RECOMMENDS THAT the City Council:

1. Authorize OCSD to increase parking enforcement in and around the San Gorgonio Park when patrol services are available; and

2. Authorize installation of “Pedestrian Crossing” warning signs and “Side Roadway” signs on Via San Gorgonio for a cost of approximately $1,000 from the Public Works - Maintenance Division Operation budget.

Attachment:

1. Location Map

2. Existing Condition

3. Photographs

4. Recommended Improvements
Notification:

None
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 11/9/2022
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233
234
Photo 4 - Pedestrians walking on the street
235
236

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/15/2022 Agenda Item: D.

Department: Public Works
Prepared By Ryan Kim, Senior Civil Engineer - Traffic
Subject:

TRAFFIC ANALYSIS FOR AVENIDA PALIZADA CORRIDOR
Fiscal Impact:

None at this time.

Summary:

Per City Council’s direction, staff evaluated the feasibility for adding a roundabout on Avenida Palizada near Avenida De La Estrella, and found design limitations and issues that could not support a roundabout. Instead, staff recommends that the City Council include funding for a new Traffic Operation Analysis for Traffic Signal Synchronization and Implementation in the Fiscal Year 23/24 CIP Budget.

Background:

On September 20, 2022, the City Council requested to have the City Traffic Engineer evaluate if a roundabout is feasible on Avenida Palizada near the former gas station at 422 Avenida De La Estrella. The roadway segment is along the Avenida Palizada corridor between Avenida Caballeros and El Camino Real and includes four intersections within this 800 foot segment. Avenida Caballeros and the I-5 Northbound on-ramp intersection are stop-controlled, while the I-5 Southbound off-ramp, Avenida De La Estrella, and El Camino Real are signalized. The distances between two adjoining intersections are 290 feet or shorter, as Attachment 1 shows.

Discussion:

Staff evaluated the feasibility of the roundabout and found design limitations and issues that could not support a roundabout. The proposed location near the intersection of Avenida Palizada and Avenida De La Estrella is 200 and 220 feet from the northerly and southerly signalized intersections, respectively. Generally, isolated roundabouts can minimize traffic delays. However, due to the short distances between these intersections, a roundabout could degrade traffic congestion when one of the adjacent traffic lights is red during peak hours. There is not enough storage capacity between a roundabout and the adjacent intersections, and such a design could increase backup congestion.

Another issue with adding a roundabout in this area is the limited street right of way. Even if the intersections were spaced farther apart from each other to address the capacity issue, a roundabout would likely infringe on multiple parcels.

Staff recommends a traffic signal synchronization study to include El Camino Real, Avenida De La Estrella and the I-5 southbound off-ramp which could possibly reduce congestion along the closelyspaced Avenida Palizada corridor. The synchronization of this segment would need to include CITY OF SAN CLEMENTE Page 1 of 2 Printed on 11/9/2022
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Meeting Date: 11/15/2022 Agenda Item: D.
reevaluation of the El Camino Real system that has a distinct synchronization system.

Plan and Policy Consistency:

The action is consistent with the following General Plan Goals and Policies:
· Roadway System Goal: Create a balanced transportation network that provides mobility and access for all modes of travel, including motor vehicles, transit, bicyclists, pedestrian, and rail traffic.
· M-1.02. Transportation Infrastructure. Traffic control devices and transportation infrastructure operate to serve the needs of all roadway users, including motorists, public transit, pedestrians and cyclists.
· M-1.04. Level of Service. When the City determines there is a suitable tool available, we will measure and evaluate roadway performance from a multimodal, Complete Streets perspective.
· M-1.06. Intersection Improvements. We evaluate impacts on intersection improvements on all modes of travel, including bicyclists, pedestrians, and transit. · M-3.02. Complete Streets Roadway Standards. We require that pedestrian, vehicular, and bicycle circulation on public and private property is coordinated and designed to maximize safety, comfort and aesthetics and is consistent with Federal, State, Orange County, and local laws, codes, and standards.

Council Strategy:

The action is consistent with Council Strategy 3 - Update and maintain infrastructure that reflects best available technology and service - in that the action may direct staff to complete an analysis to update City infrastructure.

Recommended Actions:

STAFF RECOMMENDS THAT the City Council include Traffic Operation Analysis for Traffic Signal Synchronization and Implementation in the upcoming FY23/24 CIP Budget.

Attachment:

1. Location Map
Notification:

None
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 11/9/2022
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239

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/15/2022 Agenda Item: E.

Department: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director; Johanne Thordahl, Human Resources Manager
Subject:

RESOLUTION AUTHORIZING SPECIFIED PAY GRADE CHANGES FOR HOURLY PART-TIME

AQUATICS CLASSIFICATIONS AND ADOPTION OF REVISED HOURLY PART-TIME SALARY SCHEDULE..body
Fiscal Impact:

Yes, there will be an increase in part-time hourly costs of $107,502 and full-time salary costs of $62,500 annually.

Summary:

Staff recommends the City Council adopt Resolution No. 22-___ related to the part-time hourly salary schedule changes. The purpose of this resolution is to adjust the salary schedule for part-time hourly recreation positions specific to the pool lifeguard, water safety instructor, and head lifeguard classifications to provide a competitive wage and immediately attract a larger candidate pool to fill critically important vacancies that hinder our ability to open pools to residents. This resolution also accounts for the State of California minimum wage increase due to take effect on January 1, 2023.

Background:

In April 2022, staff worked with the then-City Manager to implement changes to the pool lifeguard hiring process, which included hiring all new pool lifeguards at a Step D ($16.14/hour) with the opportunity to move to a Step E ($16.95/hour) after working 100 hours. With this new change in pay structure, the City held a hiring fair for pool lifeguards that included testing, interviews, and onboarding. Of the candidates that participated, 15 applicants were hired.

In July 2022, a second hiring fair was held at the San Clemente Aquatics Center that included hiring for lifeguards and all other Recreation and Golf Division part-time hourly staff. From this event, one candidate was hired as a pool lifeguard.

A majority of the Recreation Division part-time hourly positions are considered ongoing recruitments and therefore are regularly open to candidates to apply online. Applications are reviewed on an ongoing basis and staff schedules tryouts as often as necessary, typically 1-2 times per month. In 2022, 8 additional lifeguards have been hired through the ongoing recruitment process, bringing the year-to-date total new hires to 24 pool lifeguards. These new pool lifeguards increased the total count of the hourly part-time aquatic staff by 50%, with current staffing between pool lifeguards, water safety instructors, and head lifeguards at 48.

At its October 18, 2022, meeting, the City Council adopted a resolution to authorize the immediate CITY OF SAN CLEMENTE Page 1 of 4 Printed on 11/10/2022
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Meeting Date: 11/15/2022 Agenda Item: E.

At its October 18, 2022, meeting, the City Council adopted a resolution to authorize the immediate use of qualified ocean lifeguard personnel, including those from external agencies, to fill vacancies at its public pool facilities. This opportunity was made available as a result of Assembly Bill 1672, which recognized the challenges faced by local agencies in staffing public pools. On October 19, 2022, staff notified all City hourly Ocean Lifeguard staff, State of California Ocean Lifeguards, and County of Orange Ocean Lifeguards extending the option for these individuals to lifeguard at the City’s public pools. At the time of this report, only one individual has expressed interest in this opportunity but is not available until after 4 pm on weekdays.

At this same meeting, the City Council further directed staff to increase the pay for pool lifeguards and provide options to immediately fill ongoing pool lifeguard vacancies to maximize the facility hours at the City’s public pools.

Discussion:

Staffing shortages of lifeguards have become a nationwide issue over the last year and has been an ongoing challenge for the operations at City aquatic facilities. Since the onset of this shortage as early as 2020, staff have communicated with private external lifeguard agencies seeking service options. These agencies are not taking new clients at this time due to limited staffing resources.

City of San Clemente pool lifeguard positions are typically seasonally filled with high school and college students. As such, many staff members are unavailable for regular scheduling outside of the summer season (June - August), particularly during weekdays from 5 am to 4 pm. Note, 83%, or 20 of 24 of the pool lifeguards hired in 2022, are in high school and not available until 4 pm on weekdays. Many are limited to working no more than 1-2 days per week due to school priorities. All part-time hourly lifeguard employees are further limited to working under an annual cap of hours based on the Affordable Care Act.

The Recreation Division has four full-time employees dedicated to aquatic services. With the shortage of hourly staff, these employees are sitting on the lifeguard tower(s) to aid in keeping the pools open while also continuing with their administrative assignments. To offset this demand, staff recommends hiring an additional full-time Recreation Specialist to support the early morning pool operations.

Aquatics Part-Time Hourly Salary Changes
Staff has continued to research the hourly labor market and develop methodologies that support increasing lifeguard wages. When considering this ongoing emergent issue, staff have considered other public agency compensation, but also focused on the private sector part-time wages offered in the San Clemente area.

Given the recruitment challenges for pool lifeguards and specifically for individuals with availability during the off-season operational hours of Monday - Friday from 5 am-4 pm, staff recommends adjusting the aquatics part-time hourly positions as follows:
· Pool Lifeguard, regrade from Grade 17 to Grade 25 ($16.95 to $20.60 per hour) · Water Safety Instructor, regrade from Grade 21 to Grade 27 ($17.79 to $21.63 per hour) · Head Lifeguard, regrade from Grade 26 to Grade 28 ($18.24 to $22.17 per hour) Coinciding with the hourly wage changes, staff is recommending providing a shift premium of up to CITY OF SAN CLEMENTE Page 2 of 4 Printed on 11/10/2022
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Meeting Date: 11/15/2022 Agenda Item: E.

Coinciding with the hourly wage changes, staff is recommending providing a shift premium of up to 25% of the hourly rate of pay for all weekday 5 am to 4 pm shifts. The shift premium would be utilized at the discretion of the City Manager and with input from the Department Director and likely offered from Labor Day through Memorial Day.

The effective date of these changes is recommended to occur at the start of the next pay periodNovember 28, 2022. This will allow Human Resources (HR) to make the necessary changes to the HR information system for the affected employees and Finance to make the changes for payroll processing.

Hourly Part-time Positions Salary Schedule: Minimum wage increase Due to the State of California minimum wage increase to $15.50 per hour effective January 1, 2023, the part-time salary schedule must be updated to reflect this increase and remain in compliance with State law. The following positions are impacted and will be regraded from Grade 12 to Grade 14, effective November 28, 2022:
· Intern
· Ocean Lifeguard Trainee
· Office Clerk
· Pool Lifeguard Trainee
Hourly Part-Time Employee Classification & Compensation Study Through the FY 22-23 budget review and adoption, the Council authorized a class and compensation study for hourly part-time employees. In October 2022, staff released a Request for Proposal (“RFP”) for professional services to perform this study. The RFP returned three proposals, one of which has been selected based on qualifying factors, including prior experience, budget, and ability to complete the project in an expedited timeline. The successful proposal was within the City Manager's authority and has been executed.

A kickoff meeting for this study occurred in late October. Supervisory/managing staff who have staffing accountabilities within the hourly part-time salary schedule will participate in meetings with the consultant during the first two weeks of November to facilitate commencement of the assignment.

Through this study, staff will also evaluate options to develop a part-time hourly employee benefits package to complement a new salary schedule. The study is anticipated to be complete by the end of January 2023 and a full report is expected to return to the City Council for action at its first meeting in February.

Plan and Policy Consistency:

Not applicable.

Council Strategy:

The action is consistent with Council Strategy 4 - Improve and maintain strong staff recruitment and retention strategy to attract and keep the best and most qualified staff - in that it encourages a competitive wage and compensation strategy to recruit part-time staff for pool operations while also considering the minimum wage increases as dictated by the State of California.

CITY OF SAN CLEMENTE Page 3 of 4 Printed on 11/10/2022
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Meeting Date: 11/15/2022 Agenda Item: E.

Recommended Actions:

Staff Recommendation
Staff Recommends That the City Council

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

SAN CLEMENTE, CALIFORNIA, ADOPTING REVISED HOURLY PART-TIME SALARY SCHEDULES AND UPDATED JOB DESCRIPTIONS AND AMENDING RESOLUTION NO. 22-29 AND ANY OTHER RESOLUTIONS IN CONFLICT THEREWITH; and

2. Authorize the City Manager to establish an hourly part-time shift premium of up to 25% of the hourly rate of pay for employees working in the classification of Pool Lifeguard, Water Safety Instructor, and Head Lifeguard; and

3. Fund an additional Recreation Specialist position and approve a supplemental appropriation for an additional Recreation Specialist in the amount of $62,500 to account # 001-625-41010 Salaries, Regular Full Time; and

4. Approve a supplemental appropriation for pay changes to pool lifeguard positions in the amount of $107,550 to account # 001-625-41030 Salaries, Hourly Part-Time.

Attachment:

1. Resolution No. 22-____, entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ADOPTING REVISED HOURLY PART-TIME SALARY SCHEDULES AND UPDATED JOB DESCRIPTIONS AND AMENDING RESOLUTION NO. 22-29 AND ANY OTHER RESOLUTIONS IN CONFLICT THEREWITH.

2. Salary Schedule - Hourly Part-time Positions effective November 28, 2022.

Notification:

Aquatics Swim Pass holders
San Clemente Aquatics Team
San Clemente Water Polo Club
CITY OF SAN CLEMENTE Page 4 of 4 Printed on 11/10/2022
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ADOPTING SPECIFIED

PAY GRADE CHANGES FOR HOURLY PART-TIME

AQUATICS CLASSIFICATIONS AND ADOPTION OF

REVISED HOURLY PART-TIME SALARY SCHEDULE AND

UPDATED JOB DESCRIPTIONS AND AMENDING
RESOLUTION NO. 22-29 AND ANY OTHER RESOLUTIONS
IN CONFLICT THEREWITH.

WHEREAS, the City Council is authorized and directed under the provisions of its adopted Personnel Rules and Regulations to prepare the compensation schedules covering all classes of positions in the competitive service; and WHEREAS, Section 37206 of the Government Code requires the City Council to prescribe the time and method of paying salaries and wages of officers and employees of the City.

NOW, THEREFORE, The City Council of the City of San Clemente does hereby resolve as follows:

Section 1. Resolution No. 22-29 is hereby amended to make changes in the following hourly part-time salary schedule related to aquatics positions:
• Pool Lifeguard, regrade from Grade 17 to Grade 25
• Water Safety Instructor, regrade from Grade 21 to Grade 27 • Head Lifeguard, regrade from Grade 26 to Grade 28
Section 2. Resolution No. 22-29 is hereby amended to make changes in the following hourly part-time salary schedule related to minimum wage increases. The following positions are and will be regraded from Grade 12 to Grade 14:
• Intern
• Ocean Lifeguard Trainee
• Office Clerk
• Pool Lifeguard Trainee
Section 3. The amended and restated Hourly Part-Time Employees salary schedule that is attached is hereby approved.

Section 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______. 244
Resolution No. Page 2
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
245
Resolution No. Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. _________ was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
City Attorney
246

City of San Clemente
Salary Schedule - Hourly Part-Time Positions

2.5% Between Ranges, 5.0% Between Steps
Adopted 11/15/2022; Effective 11/28/2022
Range
Number Title Step A Step B Step C Step D Step E
14 Intern $15.00 $15.75
Ocean Lifeguard Trainee
Office Clerk
Pool Lifeguard Trainee
Recreation Leader I
15 $15.37 $16.14
16 $15.00 $15.75 $16.54
17 $15.37 $16.14 $16.95
18 Park Monitor $15.00 $15.75 $16.54 $17.37
19 $15.37 $16.14 $16.95 $17.79
20 Golf Course Marshals $15.00 $15.75 $16.54 $17.37 $18.24 Park Ranger
21 Recreation Leader II $15.37 $16.14 $16.95 $17.79 $18.68 22 $15.75 $16.54 $17.37 $18.24 $19.15
23 $16.14 $16.95 $17.79 $18.68 $19.62
24 $16.54 $17.37 $18.24 $19.15 $20.11
25 Pool Lifeguard $16.95 $17.79 $18.68 $19.62 $20.60
26 Recreation Leader III $17.37 $18.24 $19.15 $20.11 $21.11 27 Water Safety Instructor $17.79 $18.68 $19.62 $20.60 $21.63 28 Head Lifeguard $18.24 $19.15 $20.11 $21.11 $22.17
Ocean Lifeguard
29 Office Assistant I $18.68 $19.62 $20.60 $21.63 $22.71 30 $19.15 $20.11 $21.11 $22.17 $23.28
247

City of San Clemente
Salary Schedule - Hourly Part-Time Positions

2.5% Between Ranges, 5.0% Between Steps
Adopted 11/15/2022; Effective 11/28/2022
Range
Number Title Step A Step B Step C Step D Step E
31 $19.62 $20.60 $21.63 $22.71 $23.84
32 $20.11 $21.11 $22.17 $23.28 $24.44
33 $20.60 $21.63 $22.71 $23.84 $25.04
34 $21.11 $22.17 $23.28 $24.44 $25.66
35 Office Assistant II $21.63 $22.71 $23.84 $25.04 $26.29 36 $22.17 $23.28 $24.44 $25.66 $26.94
37 Senior Office Assistant $22.71 $23.84 $25.04 $26.29 $27.60 38 $23.28 $24.44 $25.66 $26.94 $28.29
39 Cable Television Technician $23.84 $25.04 $26.29 $27.60 $28.98 40 $24.44 $25.66 $26.94 $28.29 $29.71
41 Ocean Lifeguard Supervisor $25.04 $26.29 $27.60 $28.98 $30.43 42 $25.66 $26.94 $28.29 $29.71 $31.19
43 $26.29 $27.60 $28.98 $30.43 $31.95
44 $26.94 $28.29 $29.71 $31.19 $32.75
45 $27.60 $28.98 $30.43 $31.95 $33.55
46 $28.29 $29.71 $31.19 $32.75 $34.39
47 $28.98 $30.43 $31.95 $33.55 $35.23
48 $29.71 $31.19 $32.75 $34.39 $36.11
49 $30.43 $31.95 $33.55 $35.23 $36.99
248

City of San Clemente
Salary Schedule - Hourly Part-Time Positions

2.5% Between Ranges, 5.0% Between Steps
Adopted 11/15/2022; Effective 11/28/2022
Range
Number Title Step A Step B Step C Step D Step E
14 Intern $15.00 $15.75
Ocean Lifeguard Trainee
Office Clerk
Pool Lifeguard Trainee
Recreation Leader I
15 $15.37 $16.14
16 $15.00 $15.75 $16.54
17 $15.37 $16.14 $16.95
18 Park Monitor $15.00 $15.75 $16.54 $17.37
19 $15.37 $16.14 $16.95 $17.79
20 Golf Course Marshals $15.00 $15.75 $16.54 $17.37 $18.24 Park Ranger
21 Recreation Leader II $15.37 $16.14 $16.95 $17.79 $18.68 22 $15.75 $16.54 $17.37 $18.24 $19.15
23 $16.14 $16.95 $17.79 $18.68 $19.62
24 $16.54 $17.37 $18.24 $19.15 $20.11
25 Pool Lifeguard $16.95 $17.79 $18.68 $19.62 $20.60
26 Recreation Leader III $17.37 $18.24 $19.15 $20.11 $21.11 27 Water Safety Instructor $17.79 $18.68 $19.62 $20.60 $21.63 28 Head Lifeguard $18.24 $19.15 $20.11 $21.11 $22.17
Ocean Lifeguard
29 Office Assistant I $18.68 $19.62 $20.60 $21.63 $22.71 30 $19.15 $20.11 $21.11 $22.17 $23.28
249

City of San Clemente
Salary Schedule - Hourly Part-Time Positions

2.5% Between Ranges, 5.0% Between Steps
Adopted 11/15/2022; Effective 11/28/2022
Range
Number Title Step A Step B Step C Step D Step E
31 $19.62 $20.60 $21.63 $22.71 $23.84
32 $20.11 $21.11 $22.17 $23.28 $24.44
33 $20.60 $21.63 $22.71 $23.84 $25.04
34 $21.11 $22.17 $23.28 $24.44 $25.66
35 Office Assistant II $21.63 $22.71 $23.84 $25.04 $26.29 36 $22.17 $23.28 $24.44 $25.66 $26.94
37 Senior Office Assistant $22.71 $23.84 $25.04 $26.29 $27.60 38 $23.28 $24.44 $25.66 $26.94 $28.29
39 Cable Television Technician $23.84 $25.04 $26.29 $27.60 $28.98 40 $24.44 $25.66 $26.94 $28.29 $29.71
41 Ocean Lifeguard Supervisor $25.04 $26.29 $27.60 $28.98 $30.43 42 $25.66 $26.94 $28.29 $29.71 $31.19
43 $26.29 $27.60 $28.98 $30.43 $31.95
44 $26.94 $28.29 $29.71 $31.19 $32.75
45 $27.60 $28.98 $30.43 $31.95 $33.55
46 $28.29 $29.71 $31.19 $32.75 $34.39
47 $28.98 $30.43 $31.95 $33.55 $35.23
48 $29.71 $31.19 $32.75 $34.39 $36.11
49 $30.43 $31.95 $33.55 $35.23 $36.99
250

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/15/2022 Agenda Item: F.

Department: City Attorney
Prepared By: Scott Smith, City Attorney
Subject:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA AMENDING SECTION 10.28.230(B) OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO

PARKING RECREATIONAL VEHICLES ON CITY STREETS AND ALLEYS Fiscal Impact:

No fiscal impact is anticipated from this action. It provides clarification for an existing permit system for RV parking.

Summary:

At its recent Public Safety Town Hall and on other occasions, the City has received public complaints regarding potential exploitation of the City’s existing RV parking regulations (San Clemente Municipal Code Section 10.28.230(B)). This item provides the City Council the opportunity to clarify the City’s regulations that temporarily authorize extended RV parking on City streets and alleys.

Background:

Section 10.28.230(B) of the San Clemente Municipal Code generally prohibits parking recreational vehicles (defined under California Health and Safety Code Section 18010) and trailer-mounted boats (collectively, “RVs”) from parking on City streets or alleys for longer than five hours. It allows individuals, on a per-residence basis, to extend that period for a maximum of 36 hours with a Cityissued RV parking extension (“Extensions”). The Orange County Sheriff’s Department, which provides contract police services for the City, processes Extensions through a Sheriff’s dispatch hotline. The current Extension ordinance contains some ambiguities that (1) do not specifically require that the periods for loading and unloading be separated and (2) potentially allow back-to-back Extensions where the end of one is not separated from the beginning of the next, with the potential of a cumulative uninterrupted parking of more than 36 hours.

This Code amendment clarifies that the loading and unloading periods of Extensions must be separated by more than 24 hours. It also provides that the end of one Extension and the beginning of another must be separated by at least three days.

Additional work on other RV-related issues is underway and will be presented to City Committees and Council as it progresses.

Recommended Actions:

Staff Recommendation
Introduce Ordinance No. _____ entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA AMENDING SECTION 10.28.230(B) OF THE SAN CLEMENTE CITY OF SAN CLEMENTE Page 1 of 2 Printed on 11/9/2022
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Meeting Date: 11/15/2022 Agenda Item: F.

SAN CLEMENTE, CALIFORNIA AMENDING SECTION 10.28.230(B) OF THE SAN CLEMENTE

MUNICIPAL CODE RELATING TO PARKING RECREATIONAL VEHICLES ON CITY STREETS AND ALLEYS
Attachment:

1. Ordinance No. __ - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA AMENDING SECTION 10.28.230(B) OF THE SAN CLEMENTE

MUNICIPAL CODE RELATING TO PARKING RECREATIONAL VEHICLES ON CITY STREETS

AND ALLEYS
Notification:

None.

CITY OF SAN CLEMENTE Page 2 of 2 Printed on 11/9/2022
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55452.01100\40835389.2
1 ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA AMENDING SECTION

10.28.230(B) OF THE SAN CLEMENTE MUNICIPAL CODE

RELATING TO PARKING RECREATIONAL VEHICLES ON

CITY STREETS AND ALLEYS
WHEREAS, the City of San Clemente (the “City”) has received public concern about increases in the parking of oversized vehicles on public streets, including but not limited to recreational vehicles and trailer-mounted boats; and WHEREAS, such parking raises unique public safety concerns, including the obstruction of access to rights-of-way, reduced site distance, and reduced visibility at intersections; and
WHEREAS, such vehicles are typically heavier than traditional automobiles, and their regular use in residential neighborhoods has the potential to cause excessive wear and tear on neighborhood streets; and
WHEREAS, over-proliferation of recreational vehicle parking in City neighborhoods can negatively impact the appearance of those neighborhoods and impact the walkability of those neighborhoods, especially on routes to and from schools; and WHEREAS, Section 10.28.230(B) of the San Clemente Municipal Code generally prohibits parking recreational vehicles, as defined under California Health and Safety Code Section 18010, and trailer-mounted boats (collectively, “RVs”) on a City street or alley for more than five hours; and
WHEREAS, notwithstanding the foregoing, Section 10.28.230(B) allows RV parking for a maximum of 36 hours with a City-issued round-trip RV parking extension (an “Extension”) authorizing one 36-hour loading period and one 36-hour unloading period; and
WHEREAS, the Orange County Sheriff’s Department, which provides contract police services for the City, processes Extensions through a Sheriff’s dispatch hotline; and
WHEREAS, residents requesting Extensions must provide information about a requested Extension, including but not limited to information about their vehicle’s make and model, license plate, parking location, and anticipated dates and times for on-street parking for loading and unloading purposes; and
WHEREAS, the City’s Municipal Code does not specify how much time must separate the loading and unloading periods or whether multiple Extensions may be issued sequentially (back-to-back), potentially resulting in de facto RV parking of more than 36 hours with multiple Extensions issued sequentially; and 253
55452.01100\40835389.2
2 WHEREAS, this system can be exploited if residents schedule an unloading period immediately following a loading period, or obtain sequential or end-to-end Extensions; and
WHEREAS, the Sheriff’s Department and the City desire to further clarify and manage the method by which Extensions are requested and received in order to reduce unintended multi-day parking.

NOW, THEREFORE, the City Council of the City of San Clemente does ordain as follows:

The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 10.28.230(B), Recreational Vehicles and Trailer Mounted Boats, is hereby amended in its entirety to read as follows:
“10.28.230(B) – Recreational Vehicles and Trailer Mounted Boats.

B. Recreational Vehicles and Trailer Mounted Boats. .....Except as provided herein, no Recreational Vehicle, as that term is defined in California Health and Safety Code Section 18010, and no trailer-mounted boat shall remain parked on a City street or alley for over five (5) hours; provided, that the five-hour time limit for Recreational Vehicles and trailer-mounted boats (collectively, "RVs") may be extended to a maximum of thirty-six (36) hours upon receipt of a City-issued RV parking extension. A maximum of six (6) round-trip RV parking extensions may be issued per residential address per calendar year. For the purposes of this subsection, a round-trip RV parking extension shall mean one (1) thirty-six-hour parking extension for the loading of the RV and one (1) thirty-six-hour parking extension for the unloading of the RV.

Only round-trip extensions may be issued, and the
commencement of the unloading period must occur no sooner than twenty-four (24) hours after termination of the loading period.

An RV parking extension shall be issued free of charge and may be obtained from the Orange County Sheriff's Department dispatch at (949) 770-6011 by providing the following information:
the date and time on-street parking for the purpose of loading the RV will commence; the date and time on-street parking for the purpose of unloading the RV will commence (if known; otherwise, this information can be provided upon return); the name and address of the person requesting the RV parking extension; the make, model, and license plate number of the RV; and the location where the RV will be parked. If the RV parking extension has been obtained, the RV may be parked on the City street or alley at the location and during the period of time authorized by the RV parking 254
55452.01100\40835389.2
3 extension. At the expiration of the five-hour period or, if an RV parking extension has been obtained, at the expiration of the period authorized by the RV parking extension, the RV shall be moved so it is no longer parked on the City street or alley and the RV shall not be parked on City streets or alleys for the ensuing twenty-four (24) hours. The terms of No two (2) round-trip RV parking extensions shall be separated by at least three days. granted within a three-day period.”
The City Council finds that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") because the Ordinance does not qualify as a “project” under CEQA and because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines section 15060, subd. (c)(2), (3).) Section 15378 of the State CEQA Guidelines defines a project as the whole of an action, which could potentially result in either a direct physical change, or reasonably foreseeable indirect physical change, in the environment.

Here, the Ordinance will not result in any construction or development, and it will not have any other effect that would physically change the environment. The Ordinance therefore does not qualify as a project subject to CEQA.

In the alternative, even if the Ordinance did qualify as a “project” under CEQA, it would be exempt from CEQA under State CEQA Guidelines section 15061(b)(3), which exempts projects from CEQA “[w]here it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Thus, even if the Ordinance could result in some physical change in the environment, the Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

The City Council, therefore, directs that a Notice of Exemption for this ordinance be filed with the County Clerk of the County of Orange in accordance with State CEQA Guidelines.

The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary of it, to be published once within fifteen (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.

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.

If any provision of this ordinance or its application to any person or circumstance is held invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect 255
55452.01100\40835389.2
4 without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof.

This Ordinance shall take effect 30 days after its adoption by the City Council of the City of San Clemente.

APPROVED AND ADOPTED this __ day of __________, 2022.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
APPROVED AS TO FORM:
__________________________

CITY ATTORNEY
256
55452.01100\40835389.2
5 STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. _______ having been regularly introduced at the meeting of November , 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 __________, 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. __________________________
CITY CLERK of the City of
San Clemente, California
257