San Clemente City Council
September 14, 2023

Agenda
SEPTEMBER 14, 2023 REVISED ADJOURNED REGULAR CITY COUNCIL MEETING AGENDA.PDF
Meeting Materials
7A(1) - CITY COUNCIL SPECIAL MEETING MINUTES 9.5.23.PDF 7A(2) - CITY COUNCIL REGULAR MEETING MINUTES 9.5.23.PDF 7B(1) - CITIZENS AMPHITHEATER COMMITTEE REGULAR MEETING MINUTES

7.24.23.PDF
7B(2) - HUMAN AFFAIRS COMMITTEE REGULAR MEETING MINUTES

8.8.23.PDF
7C(1) - CERTIFICATION OF WARRANTS 8.25.23.PDF
7D - ORDINANCE 1757 (SECOND READING) - AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH CALPERS.PDF
7E - CONSIDERATION OF A RESOLUTION REGARDING RED CURB

INSTALLATION ON WEST AVENIDA CORNELIO AT AVENIDA DEL
PRESIDENTE.PDF
7F - CONSIDERATION OF A RESOLUTION REGARDING RED CURB
INSTALLATION ON CAMINO FARO AT VIA CHALUPA.PDF
7G - CONSIDERATION OF A RESOLUTION REGARDING RED CURB
INSTALLATION AT 366 CAMINO DE ESTRELLA NEAR VINTAGE SHORES SENIOR APT .PDF
7H - CONSIDERATION OF A RESOLUTION TO APPROVE COOPERATIVE

AGREEMENT FOR COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT.PDF
7I - CONTRACT AWARD - WORKERS COMPENSATION THIRD PARTY
ADMINISTRATIVE SERVICES.PDF
7J - CONTRACT AWARD - SEWER LINE POINT REPAIRS AND LINING.PDF 7K - CONSIDERATION OF APPROVING FLEET REPLACEMENT FOR SEWER CLEANING UNIT 1134 AND AUTHORIZING A SUPPLEMENTAL
APPROPRIATION.PDF
7L - CONSIDERATION TO ACCEPT THE COMPLETED PAVEMENT
REHABILITATION ON ACCESS ROADS FOR RESERVOIRS 4, 5 AND 5A.PDF 7M - CONTRACT AWARD - ENGINEERING CONSULTING SERVICES IN CONNECTION WITH THE AERATION BLOWER IMPROVEMENT PROJECT.PDF 7N - CONTRACT AWARD - ENGINEERING CONSULTING SERVICES FOR THE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT.PDF
8A - INTRODUCTION (FIRST READING) OF ZONING AMENDMENT 22-366, AN ORDINANCE RELATED TO ZONING PERMIT STREAMLINING.PDF
8B - CONTINUATION OF PUBLIC HEARING - PROPOSED AMENDMENT REGARDING TENTS IN CITY PARKS AND BEACHES.PDF
10A - CITIZENS AMPHITHEATER COMMITTEE PROGRESS UPDATE.PDF

1. Documents:

2. Documents:

CITY OF SAN CLEMENTE
Thursday, September 14, 2023
City Council
Adjourned Regular Meeting Agenda
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
**Revised to Include Closed Session Item
B - Existing Litigation
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Duncan
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember Loeffler
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

RULES FOR ADDRESSING COUNCIL
• Members of the public may address the City Council on matters within the jurisdiction of the City of San Clemente.
• If you wish to address Council, please complete one of the blue speaker cards located at the entrance to the Council Chambers and turn it in to the City Clerk or Deputy City Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address Council during the time that Council is considering that particular agenda item .

Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the “Oral Communications” portion of the meeting. • When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Please limit your presentation to three minutes.

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

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

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The California Environmental Quality Act (“CEQA”) is the state law that requires the City to evaluate and document the potential environmental consequences of discretionary decision. (See, California Public Resources Code Sections 21000-21189.3; and the “CEQA Guidelines” at California Code of Regulations Title 14, Division 6, Chapter 3, Sections 15000-15387). For each item that requires a CEQA determination by the City Council, there is a reference to that determination on this agenda, and more information regarding the CEQA analysis is included in the documents that accompany this agenda. To the extent that City staff determines that particular items are not subject to CEQA, there will be no indication of a CEQA action on this agenda.

City Council Adjourned Regular Meeting Agenda September 14, 2023

CLOSED SESSION (5:00 P.M.)
A. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Whether to initiate litigation pursuant to Government Code section 54956.9(d)(4) in the form of joining an amicus curiae brief
Number of Cases: 1
Case Name: Johnson, et. al v. City of Grants Pass
United States Court of Appeals for the Ninth Circuit Docket Nos.: 20-35881 B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 2
Case Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency, et al. Riverside Superior Court Consolidated Case No.: RIC 1800232 CA Court of Appeal Case No.: E078045 (Fourth Appellate District, Division 2) BUSINESS MEETING (6:00 P.M.)

CALL TO ORDER
INVOCATION – Associate Pastor Jared Powell, Paradigm Church

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations
A. Recognition of PierPride
Presentation of commendation to PierPride presented by Assemblywoman Davies and Senator Nguyen in recognition of PierPride's contributions to San Clemente.

Presentation of Commendation by Mayor Duncan presented to PierPride recognizing October as PierPride month.

Presentation by Amber Gregg, Vice President, PierPride, concerning an update on PierPride activities and accomplishments.

B. Presentation of Proclamation - World Alzheimer's Month Presentation of proclamation to World Alzheimer's Association, proclaiming September as World Alzheimer's Month.

C. Recognition of Local Men and Women Competing in the World Surf League Presentation of commendations to our San Clemente men and women surfers in recognition of their participation in the World Surf League (WSL).

City Council Adjourned Regular Meeting Agenda September 14, 2023

2. Oral Communications (Part 1)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. Speakers may address Council once during either Oral Communications Part 1 or Part 2. A total time limitation of 30 minutes is allocated for Oral Communications Part 1, with each speaker being allotted 3 minutes in which to give his or her presentation. Speaker order is determined by the order in which speaker cards are provided to the City Clerk or Deputy City Clerk at the meeting. Speakers that cannot be accommodated during Oral Communications Part 1 will be invited to address Council during Oral Communications Part 2, which appears on this agenda as Item No. 10. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff.

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

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

5. Closed Session Report - City Attorney

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

A. City Council Minutes
Staff Recommendation:
(1) APPROVE THE CITY COUNCIL SPECIAL MEETING MINUTES OF SEPTEMBER 5, 2023.
(2) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF SEPTEMBER 5, 2023.

B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) CITIZENS AMPHITHEATER COMMITTEE REGULAR MEETING
MINUTES OF JULY 24, 2023.
(2) HUMAN AFFAIRS COMMITTEE REGULAR MEETING MINUTES OF
AUGUST 8, 2023.

City Council Adjourned Regular Meeting Agenda September 14, 2023

C. Warrant Register
(1) APPROVE WIRE TRANSFER NOS.
2906 THROUGH 2910 AND WARRANT NOS.
590726 THROUGH 590924, PAID ON
$4,379,897.5
6 $4,379,897.56
8-25-23, IN THE AMOUNT OF

TOTAL WARRANT REGISTER
Payroll Register
APPROVE WARRANT NOS. 911 THROUGH 913,
AUTOMATIC DEPOSIT ADVISES 88120
THROUGH 88467, FOR THE PERIOD
8-7-23 THROUGH 8-20-23, PAID
ON 8-25-23, IN THE AMOUNT OF $508,823.57
TOTAL PAYROLL REGISTER $508,823.57
D. ORDINANCE 1757 (SECOND READING) - AUTHORIZING AN AMENDMENT

TO THE CONTRACT BETWEEN THE CITY COUNCIL OF SAN CLEMENTE

AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC

EMPLOYEES RETIREMENT SYSTEM (CALPERS)
Staff Recommendation
Adopt Ordinance No. 1757 entitled AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING AN

AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM.

E. CONSIDERATION OF RED CURB INSTALLATION ON WEST AVENIDA

CORNELIO AT AVENIDA DEL PRESIDENTE, AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION 15301) OF THE STATE CEQA GUIDELINES
Planning Commission and Staff Recommendation
Adopt Resolution No. 23-94, which will:

1. Find the project categorically exempt from CEQA under Class 1 (Existing Facilities,14 CCR section 15301) of the State CEQA Guidelines.

2. Approve the red curb installation on West Avenida Cornelio at Avenida Del Presidente as illustrated in Attachment 1 of the Administrative Report dated September 14, 2023.

City Council Adjourned Regular Meeting Agenda September 14, 2023

F. CONSIDERATION OF RED CURB INSTALLATION ON CAMINO FARO AT VIA

CHALUPA, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION 15301) OF THE STATE CEQA

GUIDELINES
Planning Commission and Staff Recommendation
Adopt Resolution No. 23-95, which will:

1. Find the project categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Approve the red curb installation on Camino Faro at Via Chalupa as illustrated in Attachment 2 of the Administrative Report dated September 14, 2023.

G. CONSIDERATION OF RED CURB INSTALLATION AT 366 CAMINO DE

ESTRELLA NEAR THE NORTHERLY DRIVEWAY OF VINTAGE SHORES

SENIOR APARTMENTS, AND FINDING THE PROJECT CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION 15301) OF THE

STATE CEQA GUIDELINES
Planning Commission and Staff Recommendation
Adopt Resolution No. 23-96, which will:

1. Find the project categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Approve the red curb installation at 366 Camino de Estrella near the northerly driveway of Vintage Shores Senior Apartments as illustrated in Attachment 1 of the Administrative Report dated September 14, 2023.

H. CONSIDERATION OF A COOPERATIVE AGREEMENT FOR COUNTYWIDE

SIGNAL SYNCHRONIZATION BASELINE PROJECT
Staff Recommendation
Adopt Resolution No. 23-97, which will authorize the City Manager to execute, Contract No. 23-50, a cooperative agreement (C-3-2431), by and between the City of San Clemente and the Orange County Transportation Authority, providing for Countywide Signal Synchronization Baseline Project
City Council Adjourned Regular Meeting Agenda September 14, 2023

I. CONTRACT AWARD - WORKERS’ COMPENSATION THIRD PARTY

ADMINISTRATIVE SERVICES
Staff Recommendation
Adopt Resolution No. 23-98, which will approve, and authorize the City Manager to execute, Contract No. 23-52, by and between the City of San Clemente and AdminSure, Inc., providing for Workers' Compensation Third Party Administrative Services, in an amount not to exceed $100,000 cumulatively, with the option for two one-year extensions in an amount not to exceed $ 38,000 per option year.

J. CONTRACT AWARD - SEWER LINE POINT REPAIRS AND LINING Staff Recommendation
Adopt Resolution No. 23-99, which will:

1. Approve a supplemental appropriation in the amount of $126,000 from the Sewer Fund Depreciation Reserve to Account No.
054-476-43420-000-28206.

2. Award the Sewer Line Point Repairs and Lining (CIPP), CIP Project No. 28206, construction contract to Insituform Technologies, LLC as the lowest responsible and responsive bidder.

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

C23-53, by and between the City of San Clemente and
Insituform Technologies, LLC, providing for Sewer Line Point Repairs and Lining, in an amount not to exceed $307,595, in a form substantially similar to Contract No. C23-53 (Attachment 3).

4. Approve a 10% project contingency of $31,000.

K. CONSIDERATION OF APPROVING FLEET REPLACEMENT FOR
COMBINATION JET/VAC SEWER CLEANING UNIT 1134 AND AUTHORIZING

A SUPPLEMENTAL APPROPRIATION
Staff Recommendation
Adopt Resolution No. 23-100, which will:

1. Approve, and authorize the City Manager to execute the purchase of a 2024 MC1510-3S3S Combination Jet/Vac Sewer Cleaning Unit from Plumbers Depot, Inc. for the replacement of the fleet vehicle number 1134 in the amount of $703,380.

City Council Adjourned Regular Meeting Agenda September 14, 2023

2. Authorize a supplemental appropriation in the amount of $703,380 to the Fleet Automotive Account #065-824-45600 from the Fleet Replacement Fund balance.

L. CONSIDERATION TO ACCEPT THE COMPLETED PAVEMENT
REHABILITATION ON ACCESS ROADS FOR RESERVOIRS 4, 5 AND 5A Staff Recommendation
Adopt Resolution No. 23-101, which will:

1. Accept the Pavement Rehabilitation for Reservoirs 4. 5 and 5A, CIP Project No. 21403, from the contractor L.C. Paving and Sealing, Inc.

2. Authorize the Public Works Director/City Engineer to execute, and record the Notice of Completion for Pavement Rehabilitation for Reservoirs 4, 5, and 5A.

3. Authorize the City Clerk to release the payment bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, L.C. Paving and Sealing, Inc.

4. Authorize the City Clerk to release the performance bond upon receipt of a warranty bond in a form acceptable to the Public Works Director/City Engineer in the amount of 25% of the construction cost.

M. CONTRACT AWARD - ENGINEERING CONSULTING SERVICES IN

CONNECTION WITH THE AERATION BLOWER IMPROVEMENT PROJECT Staff Recommendation
Adopt Resolution No. 23-102, which will:

1. Award a Professional Consultant Services Agreement to Trussell Technologies, Inc. for engineering consulting services in connection with the Aeration Blower Improvement Project.

2. Approve, and authorize the City Manager to execute, Contract No. C23-54, by and between the City of San Clemente and Trussell Technologies, Inc., providing for engineering consulting services in connection with the Aeration Blower Improvement Project, in an amount not to exceed $149,735.

City Council Adjourned Regular Meeting Agenda September 14, 2023

N. CONTRACT AWARD - ENGINEERING CONSULTING SERVICES FOR THE

HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT
Staff Recommendation
Adopt Resolution No. 23-103, which will approve, and authorize the City Manager to execute, Contract No. C23-55, by and between the City of San Clemente and Pacific Advanced Civil Engineering, Inc., providing for engineering consulting services for the Headworks Grit Cyclone Replacement Project, CIP Project 13202, in an amount not to exceed $151,665.

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

A. INTRODUCTION (FIRST READING) OF ZONING AMENDMENT 22-366, AN

ORDINANCE RELATED TO ZONING PERMIT STREAMLINING
Continued Public Hearing to consider a City-initiated amendment to Title 17 (Zoning) of the San Clemente Municipal Code to update the staff-level approval process for minor architectural changes; consolidate planning applications to make it easier for the public to understand which zoning permits are required and reduce staff time on report writing, shortening the timeline between application submittal and decisions; reduce the level of public hearing decisions for several planning application types; clarify planning permit review procedures to facilitate staff and public understanding and implementation.

Planning Commission Recommendation

1. Introduce an Ordinance No. 1759 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
APPROVING ZONING AMENDMENT 22-366 AMENDING CERTAIN
SECTIONS AND TABLES OF TITLE 17 (ZONING) OF THE SAN

CLEMENTE MUNICIPAL CODE TO CLARIFY, STREAMLINE, AND

CONSOLIDATE PERMIT PROCEDURES, WHILE MAINTAINING

ADEQUATE REVIEW OF PROPOSALS THAT ARE REGULARLY
WITHOUT SIGNIFICANT IMPACTS AND PUBLIC CONCERNS.

2. Designate the Planning Commission as the appeals body for Zoning Administrator.

3. Reduce the appeals fee to $100.

City Council Adjourned Regular Meeting Agenda September 14, 2023

Staff Recommendation

1. Introduce an Ordinance No. 1759 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
APPROVING ZONING AMENDMENT 22-366 AMENDING CERTAIN
SECTIONS AND TABLES OF TITLE 17 (ZONING) OF THE SAN

CLEMENTE MUNICIPAL CODE TO CLARIFY, STREAMLINE, AND

CONSOLIDATE PERMIT PROCEDURES, WHILE MAINTAINING

ADEQUATE REVIEW OF PROPOSALS THAT ARE REGULARLY
WITHOUT SIGNIFICANT IMPACTS AND PUBLIC CONCERNS.

2. Adopt Resolution No. 23-93 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

AMENDING THE FEE SCHEDULE TO REFLECT ZONING ORDINANCE

AMENDMENTS THAT CONSOLIDATE AND MODIFY SEVERAL
PLANNING APPLICATIONS.

3. Maintain the current permit appeals process and fee.

B. CONTINUATION OF PUBLIC HEARING - PROPOSED AMENDMENT TO SECTION 12.28.030 OF THE MUNICIPAL CODE REGARDING TENTS IN

CITY PARKS AND BEACHES
Public Hearing to consider a proposed ordinance to amend Section

12.28.030 (Tents in City Parks) of the San Clemente Municipal Code to include beaches under its jurisdiction, ensuring that regulations governing the use of such structures in parks are uniformly applicable to beaches.

Staff Recommendation
Continue the Public Hearing to the Regular City Council meeting of October

3. 2023.

9. Unfinished Business
None.

10. New Business
A. CITIZENS AMPHITHEATER COMMITTEE PROGRESS UPDATE
Staff Recommendation
City Council to provide direction to the Citizens Amphitheater Committee on how to proceed with its research of an outdoor amphitheater and/or performing arts center.

City Council Adjourned Regular Meeting Agenda September 14, 2023

11. Oral Communications (Part 2)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation, not to exceed three minutes. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff.

12. Future Agenda Items

13. Reports
A. Commissions and Committees
B. Council Subcommittee Updates
C. Council Members
D. City Attorney
E. City Manager

14. Adjournment
The next Regular Council Meeting is scheduled to take place on October 3, 2023.

Closed Session will begin at 5:00 p.m. and the Regular Business Meeting will begin at 6:00 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

City Council Adjourned Regular Meeting Agenda September 14, 2023

CITY COUNCIL MEETING PROCEDURES

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

MEETINGS RECORDED AND TELEVISED
City Council meetings are broadcast live and are replayed periodically on Cox Communications Local Access Channel 854. Meetings are also available for live-stream or post meeting viewing from the City’s website.

Meetings are also recorded via audio CD and/or DVD and retained as a City record in accordance with the City’s records retention schedule.

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

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

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

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

MEETING SCHEDULE
Regular Council Meetings are held on the first and third Tuesdays of each month in the Council Chambers, located at 910 Calle Negocio, 2nd floor, San Clemente. Closed Session are considered at 5:00 p.m. and the Business Meeting begins at 6:00 p.m. Additional meetings of the City Council may be called as needed.

AGENDAS, ADMINISTRATIVE REPORTS AND SUPPLEMENTAL WRITTEN MATERIALS Agendas and Administrative Reports are available for review and/or copying at the City Clerk’s Department as soon as agendas are posted, by accessing the City’s website at www.san-clemente.org. An “Inspection Copy” of agenda materials is also located at the entrance to the Council Chambers during meetings for public review. All written material distributed to a majority of the Council after the original agenda packet was distributed is available for public inspection in the City Clerk’s Department, located at 910 Calle Negocio, San Clemente, during normal business hours.

The City Clerk’s Department offers an agenda packet subscription service free of charge. If you wish to receive email copies of City Council agendas, which include hyperlinks to staff reports and other back-up material, register at http://san-clemente.org/enotification.
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers

CITY OF SAN CLEMENTE
Tuesday, September 5, 2023
City Council
Special Meeting Minutes
3:00 p.m. - Business Meeting
Mayor Duncan
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember Loeffler
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Special Meeting of the San Clemente City Council was called to order by Mayor Duncan on September 5, 2023 at 3:01 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: *Cabral, Enmeier, Knoblock, Loeffler and **Mayor Duncan *arrived at 3:07 p.m.

STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

BUSINESS MEETING

PLEDGE OF ALLEGIANCE
Mayor Duncan led the Pledge of Allegiance.

1. INTERVIEWS/APPOINTMENTS
A. INTERVIEWS AND APPOINTMENTS FOR THE PUBLIC SAFETY

COMMITTEE AND COASTAL ADVISORY COMMITTEE
Public Safety Committee
City Council interviewed the following applicants:

Dennis Benjamin
Gary Walsh
Councilmembers cast written ballots to fill one term set to expire on June 30, 2024, which were announced verbally by City Clerk Campagnolo as follows:

CABRAL: Walsh
ENMEIER: Walsh
KNOBLOCK: Benjamin
LOEFFLER: Walsh

1 Agenda Item: 7A(1)
City Council Special Meeting Minutes September 5, 2023
MAYOR DUNCAN: Benjamin
Gary Walsh was appointed to the Public Safety Committee for a term set to expire on June 30, 2024.

Coastal Advisory Committee
Decline expressed concerns regarding a Coastal Advisory Committee applicant; spoke in support of Aaron Washington and Suzanne Whitelaw.

City Council interviewed the following applicants:

Susan Ambrose
John Dow
Thor Johnson
Aaron Washington
Suzanne Whitelaw
Motion by Councilmember Loeffler, second by Councilmember Enmeier, to appoint all five applicants to the Coastal Advisory Committee.

Substitute motion by Mayor Pro Tem Knoblock, second by Councilmember Cabral, FAILED 2-3 (Mayor Duncan, Councilmember Enmeier and Councilmember Loeffler voting NOE) to vote for applicants individually for either the 1-year term or 2-year term.

AYE: Cabral and Knoblock
NOE: Enmeier, Loeffler and Mayor Duncan
The original motion by Councilmember Loeffler, second by Councilmember Enmeier, CARRIED 3-2 (Mayor Duncan and Councilmember Knoblock voting NOE) to appoint all five candidates to the Coastal Advisory Committee.

AYE: Cabral, Enmeier and Loeffler
NOE: Knoblock and Mayor Duncan
Councilmembers cast written ballots to determine which three applicants will fill 2-year terms set to expire June 30, 2025 and which two applicants will fill 1-year terms on the Coastal Advisory Committee, which were announced verbally by City Clerk Campagnolo as follows:

CABRAL: Ambrose (2-year term), Dow (2-year term), Johnson (2 year term), Washington (1-year term), Whitelaw (1-year term)
ENMEIER: Ambrose (2-year term), Dow (2-year term), Whitelaw (2-year term), Washington (1-year term), Johnson (1-year term)
KNOBLOCK: Ambrose (2-year term), Dow (2-year term), Johnson (2-year term), Washington (1-year term)
LOEFFLER: Ambrose (2-year term), Dow (2-year term), Whitelaw (2-year term,

2 City Council Special Meeting Minutes September 5, 2023 Johnson (1-year term), Washington (1-year term)
MAYOR DUNCAN: Ambrose (2-year term), Dow (2-year term), Whitelaw (2-year term), Johnson (1-year term), Washington (1-year term)
Ambrose, Dow and Whitelaw were appointed to the Coastal Advisory Committee terms set to expire June 30, 2025. Washington and Johnson were appointed to the Coastal Advisory Committee for terms to expire June 30, 2024. **Mayor Duncan left the dias at 4:20 p.m.

Motion by Councilmember Cabral, second by Councilmember Enmeier, CARRIED 4-0 (Mayor Duncan Absent) to direct the City Clerk to advertise for three vacancies on the Beaches, Parks and Recreation Commission.

AYE: Cabral, Enmeier, Knoblock and Loeffler
NOE: None
ABSENT: Mayor Duncan

2. Adjournment
Motion by Councilmember Cabral, second by Councilmember Enmeier, CARRIED 4-0 (Mayor Duncan Absent), to adjourn at 4:24 p.m. The next Regular Meeting will be held on September 5, 2023. Closed Session will begin at 5:00 p.m. The Business Meeting will commence at 6:00 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

AYE: Cabral, Enmeier, Knoblock and Loeffler
NOE: None
ABSENT: Mayor Duncan
_______________________________
MAYOR of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California

3 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers

CITY OF SAN CLEMENTE
Tuesday, September 5, 2023
City Council
Regular Meeting Minutes
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
Mayor Duncan
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember Loeffler
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Regular Meeting of the San Clemente City Council was called to order by Mayor Duncan on September 5, 2023 at 5:01 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: *Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan *arrived at 5:03 p.m.

STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
Closed Session Item B - Conference with Legal Counsel - Anticipated Litigation
Thor Johnson expressed concerns regarding the potential cost to the City of San Clemente related to the James Bieber v. Gene James case.

Closed Session Item C - Conference With Real Property Negotiators Amanda Q narrated a PowerPoint presentation entitled "Three Parcels for Sale or Lease?". A hard copy of the presentation is on file with the City Clerk.

Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to recess to Closed Session at 5:07 p.m. to discuss the following:

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 2
Case Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency, et al. Riverside Superior Court Consolidated Case No.: RIC 1800232 CA
Court of Appeal Case No.: E078045 (Fourth Appellate District, Division 2)

1 Agenda Item: 7A(2)
City Council Regular Meeting Minutes September 5, 2023
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(a)(d)(2)
Number of Cases: 1
Facts and circumstances per Government Code section 54956.9(e)(2): Demand by former City Councilmember Gene James that the City reimburse him for his attorney fees incurred in defending James Bieber v. Gene James, OCSC Case No. 30-2020-01145593-CU-DF-CJC.

C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Discussion concerning real property transactions in compliance with Government Code section 54956.8 regarding:

Real Property Negotiations: APN 679-152-03, APN 678-163-01and part of APN 678-163-01
Property: 2.7-acre undeveloped area on the west side of Vista Hermosa Park,

3.3-acre undeveloped lot at the southeast corner of Avenida Vista Hermosa and Camino Vera Cruz, and 2.3-acre undeveloped area at the southwest Avenida Vista Hermosa and La Pata
City Negotiators: Andy Hall, City Manager, Cecilia Gallardo Daly, Community Development Director and Jonathan Lightfoot, Economic Development Officer Negotiating Parties: Orange County Fire Authority
Under Negotiation: Price and terms
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None

BUSINESS MEETING
Council reconvened at 6:15 p.m. with all Councilmembers present.

INVOCATION
Senior Pastor Holland Davis, Calvary Chapel San Clemente, gave the invocation.

PLEDGE OF ALLEGIANCE
Beth Apodaca led the Pledge of Allegiance.

2 City Council Regular Meeting Minutes September 5, 2023

1. Special Presentations
A. Presentation of Proclamation - Hunger Action Month
Mayor Duncan presented a proclamation to Rachel Parris, Abound Food Care, proclaiming September as Hunger Action Month.

B. Presentation of Proclamation - Service Club Month
Mayor Duncan presented a proclamation to San Clemente Service Clubs proclaiming September as Service Club Month.

C. Presentation of Proclamation - Constitution Week
Mayor Duncan presented a proclamation to Pat Mueller and Mary Dahm, San Clemente Island Daughters of the American Revolution, setting apart September 17-23, 2023 as Constitution Week.

D. Introduction of Contract Coastal Administrator - US Army Corps of Engineers San Replenishment Project Update
Suzie Whitelaw, Save our Beaches San Clemente, spoke in support of the appointment of Leslea Meyerhoff as the contract Coastal Administrator.

City Manager Hall narrated a PowerPoint to introduce Leslea Meyerhoff as the contract Coastal Administrator. A hard copy of the presentation is on file with the City Clerk.

Contract Coastal Administrator Meyerhoff narrated a PowerPoint presentation entitled "Project Update" concerning the US Army Corps of Engineers Beach Nourishment Project. A hard copy of the presentation is on file with the City Clerk.

2. Oral Communications (Part 1)
William Reynolds, San Clemente, invited the community to an upcoming event at Capo Beach Church concerning fentanyl addiction; urged Council to participate and educate the community on the potential dangers. A hard copy of the flier is on file with the City Clerk.

Hoiyin Ip urged Council to update the City's single use plastics ban; requested that the Coastal Advisory Committee also address climate change issues.

Ken Poczakaj spoke in support of the improvements at North Beach; urged Council to pursue the North Beach Placemaking Plan.

Diane Harkey, Dana Point, acknowledged the City's progress in North Beach; commented on the CARES Act and Orange County being a trial county for the program.

Donna Vidrine, San Clemente, requested that the City update its Climate Action Plan.

3 City Council Regular Meeting Minutes September 5, 2023 Patricia Holloway, San Clemente, urged Council to update the City's Climate Action Plan to access grant funds.

Tony Hays urged council to update its Climate action plan; pursue additional funding opportunities for green energy such as solar panels.

Nicole Mervis, San Clemente, urged Council to update its Climate Action Plan.

Danny Gray, Capo Beach, urged Council to update and audit the City's Climate Action Plan.

Tyler Boden, Citizen's Climate Lobby, spoke in support of the City updating its Climate Action Plan.

Gary Headrick, San Clemente, requested that Council update the City's Climate Action Plan.

3. Motion waiving reading in full of all Resolutions and Ordinances Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to waive reading in full of all Resolutions and Ordinances.

AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None

4. Consideration of agendizing items requiring immediate action None.

5. Closed Session Report - City Attorney
City Attorney Mitchell announced that the following action was taken in Closed Session:

No reportable action concerning:

Case Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency, et al. Riverside Superior Court Consolidated Case No.: RIC 1800232 CA
Court of Appeal Case No.: E078045 (Fourth Appellate District, Division 2) No reportable action concerning:

Facts and circumstances per Government Code section 54956.9(e)(2): Demand by former City Councilmember Gene James that the City reimburse him for his attorney fees incurred in defending James Bieber v. Gene James, OCSC Case No. 30-2020-01145593-CU-DF-CJC.

4 City Council Regular Meeting Minutes September 5, 2023 No reportable action concerning:

Real Property Negotiations: APN 679-152-03, APN 678-163-01and part of APN 678-163-01
Property: 2.7-acre undeveloped area on the west side of Vista Hermosa Park,

3.3-acre undeveloped lot at the southeast corner of Avenida Vista Hermosa and Camino Vera Cruz, and 2.3-acre undeveloped area at the southwest Avenida Vista Hermosa and La Pata
City Negotiators: Andy Hall, City Manager, Cecilia Gallardo Daly, Community Development Director and Jonathan Lightfoot, Economic Development Officer Negotiating Parties: Orange County Fire Authority
Under Negotiation: Price and terms

6. Staff Communications
None.

7. Consent Calendar
Items 7D, 7F, 7G and 7H were removed from the Consent Calendar for discussion.

A. City Council Minutes
Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL SPECIAL AND REGULAR MEETING MINUTES OF AUGUST 15, 2023.

AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
B. Commission/Committee Minutes
Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to receive and file the following:
(1) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF JULY 25, 2023.

AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None

5 City Council Regular Meeting Minutes September 5, 2023 C. Warrant Register
Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
2895 THROUGH 2896 AND WARRANT NOS.
590276 THROUGH 590405, PAID ON
8-4-23, IN THE AMOUNT OF $2,036,664.03
(2) APPROVE WIRE TRANSFER NOS.
2897 THROUGH 2902 AND WARRANT NOS.
590406 THROUGH 590595, PAID ON
8-11-23, IN THE AMOUNT OF $2,892,064.03
(3) APPROVE HANDWRITE NO. 590725;
WIRE TRANSFER NOS.2903
THROUGH 2905 AND WARRANT NOS.
590596 THROUGH 590724, PAID ON
8-18-23, IN THE AMOUNT OF $1,471,452.55
TOTAL WARRANT REGISTER $6,400,180.61
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
Payroll Register
Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to approve:

WARRANT NOS. 908 THROUGH 910
AUTOMATIC DEPOSIT ADVISES 87757
THROUGH 88119, FOR THE PERIOD
7-24-23 THROUGH 8-6-23, PAID
ON 8-11-23, IN THE AMOUNT OF $541,045.58
TOTAL PAYROLL REGISTER $541,045.58
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None

6 City Council Regular Meeting Minutes September 5, 2023 E. ORDINANCE 1758 (SECOND READING) - MODIFYING THE COASTAL ADVISORY COMMITTEE’S MISSION STATEMENT
Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to adopt Ordinance No. 1758 entitled AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 2.29.015 OF THE MUNICIPAL CODE OF THE CITY OF SAN

CLEMENTE REGARDING THE COASTAL ADVISORY COMMITTEE'S
MISSION STATEMENT.

AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
I. CONSIDERATION OF A RESOLUTION RATIFYING AN EMERGENCY CONSTRUCTION AGREEMENT WITH GCI CONSTRUCTION, INC. FOR THE SAN CLEMENTE VILLAS BY THE SEA STORM DRAIN REPAIRS; PROJECT NO. 26001
Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 23-92, which will:

1. Make a finding that an emergency existed due to the potential failure of the slope where the damaged storm drain is located and that the situation required immediate action to prevent or mitigate impairment to property and public services that might otherwise occur if the City were required to incur delays attributed to the typical engineering analysis and competitive bidding process.

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

3. Ratify Contract No. C23-49, by and between the City of San Clemente and GCI Construction, Inc., providing for the emergency repairs for the San Clemente Villas by the Sea Storm Drain Repairs, Project No. 26001, that have already been performed, in an amount not to exceed $95,500.

AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None

7 City Council Regular Meeting Minutes September 5, 2023

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION
D. ORDINANCE NO. 1755 (SECOND READING) - TO MODIFY THE DEFINITION OF “COMMERCIAL VEHICLE” AND FINDING THE ORDINANCE NOT

SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 4-1(Mayor Duncan voting Noe), to adopt Ordinance No. 1755 entitled

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 10.04.010(B)(1) OF THE SAN

CLEMENTE MUNICIPAL CODE RELATING TO THE DEFINITION OF
"COMMERCIAL VEHICLE" AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

AYE: Cabral, Enmeier, Knoblock and Loeffler
NOE: Mayor Duncan
F. CONSIDERATION OF A RESOLUTION AWARDING A CONTRACT FOR

PRINTING SERVICES FOR THE QUARTERLY CITY RECREATION
MAGAZINE TO WESTAMERICA COMMUNICATIONS, INC. AND

AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO-YEAR
CONTRACT NOT TO EXCEED $120,304 PER YEAR
City Manager Hall reviewed the contents of the Administrative Report dated September 5, 2023, and on file with the City Clerk and responded to Council inquiries.

Motion by Mayor Duncan, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:

Adopt Resolution No. 23-90, which will:

1. Award a professional services contract to WestAmerica Communications, Inc. for printing services for the quarterly recreation magazine.

2. Approve, and authorize the City Manager to execute, Contract No. C23-48, by and between the City of San Clemente and WestAmerica Communications, Inc., providing for printing services for the quarterly recreation magazine for a term of two (2) years, in an amount not to exceed $114,576, plus a 5% contingency of $5,728, per year, for a total not to exceed contract amount of $120,304 annually.

AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None

8 City Council Regular Meeting Minutes September 5, 2023 G. CONSIDERATION OF PARTICIPATION IN SANDAG REGIONAL BEACH

SAND PROJECT III
Susan Ambrose, San Clemente, spoke in support of the City's participation in the SANDAG Regional Beach Sand Project III.

Suzie Whitelaw, Save our Beaches San Clemente, spoke in support of the City's participation in the SANDAG Regional Beach Sand Project III.

Contract Coastal Administrator Meyerhoff reviewed the contents of the Administrative Report dated September 5, 2023, and on file with the City Clerk and responded to Council inquiries.

Motion by Councilmember Cabral, second by Councilmember Enmeier, CARRIED 5-0, to authorize the Mayor to execute, and staff to submit, a letter to the San Diego Association of Governments (SANDAG) requesting that the City of San Clemente, as a member City in the Oceanside Littoral Cell, have the opportunity to participate in the Phase I planning tasks of the Regional Beach Sand Project (RBSP) III, which supports continued San Clemente Coastal Resiliency Plan implementation goals of establishing a citywide comprehensive beach restoration program.

AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
H. CONSIDERATION OF AUTHORIZING A GRANT APPLICATION TO THE

CALIFORNIA COASTAL COMMISSION FOR IDENTIFICATION OF

OFFSHORE SAND SOURCES
Susan Ambrose, San Clemente, spoke in support of the grant application.

Suzie Whitelaw, Save our Beaches San Clemente, spoke in support of the grant application.

Motion by Mayor Pro Tem Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to:

Adopt Resolution No. 23-91, which will:

1. Authorize the submittal of an application to the California Coastal Commission for a Local Coastal Program Grant to fund an offshore borrow site investigation to find additional sand sources that can be used to develop additional beach nourishment projects in San Clemente and pursue additional grant funding opportunities to support coastal resiliency plan implementation.

2. Find the project that the grant funding would be used for is categorically exempt under Class 6 (Information Collection, 14 CCR 15306), Section 15306 of

9 City Council Regular Meeting Minutes September 5, 2023 the state CEQA Guidelines.

3. Authorize the City Manager to execute the grant agreement, if awarded.

AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
Meeting Recess
The meeting was recessed at 7:40 p.m. and reconvened at 7:49 p.m. with all Councilmembers present.

8. Public Hearings
A. PUBLIC HEARING #2 REQUESTING PUBLIC INPUT REGARDING THE

COMPOSITION OF POTENTIAL COUNCIL ELECTION DISTRICTS
Mayor Duncan opened the Public Hearing.

City Manager Hall and City Clerk Campagnolo narrated a PowerPoint presentation entitled "Transition from At-Large to District Elections" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Dr. Justin Levitt, NDC, narrated a PowerPoint Presentation entitled "San Clemente Introduction to Districting" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Petti Van Rekum, San Clemente, opined on the district boundaries; commented on the possibility of proportional rank elections.

Bruce Jamieson, San Clemente, opined that socio-economic status should be considered when drafting district maps.

Wayne Eggleston, San Clemente, opined on the number of districts and keeping a rotating mayor; urged council to keep the districts as simple as possible for residents.

Donna Vidrine, San Clemente, encouraged Councilmembers to maintain transparency during the transition to district elections.

Tim Brown, San Clemente, opined that Council should have five districts with a rotating mayor.

There being no others desiring to speak, Mayor Duncan closed the Public Hearing.

Council provided direction to NDC to move forward with preparing district maps with four districts and an elected at-large Mayor, with consideration of the Mayor holding a 2-year term.

10 City Council Regular Meeting Minutes September 5, 2023 B. INTRODUCTION (FIRST READING) OF ZONING AMENDMENT 22-366, AN

ORDINANCE RELATED TO ZONING PERMIT STREAMLINING
Mayor Duncan opened the Public Hearing.

Associate Planner II Wright narrated a PowerPoint Presentation entitled "Zoning Permit Streamlining Item 8B, ZA 22-366" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Mark McGuire, San Clemente, commented on a specific project and how streamlining would be helpful to the applicant.

Wayne Eggleston, opined on the appeals fee; urged Council to require that complex projects are reviewed by staff and an additional decision making body.

Mayor Duncan, with the support of Mayor Pro Tem Knoblock and Councilmember Loeffler, to consider increasing the number of special events permits at the continued Public Hearing on October 3. 2023.

If Council would like a briefing on this matter, contact the City Managers office for scheduling.

Motion by Councilmember Cabral, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to continue the Public Hearing to the Adjourned Regular meeting of September 14, 2023.

AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None

9. Unfinished Business
None.

10. New Business
A. REVIEW OF THE ADMINISTRATIVE HEARINGS AND APPEALS FEE Deputy Community Development Director Atamian responded to Council inquiries.

Motion by Mayor Pro Tem Knoblock, second by Councilmember Loeffler, FAILED 2-3 (Mayor Duncan, Councilmember Cabral and Councilmember Enmeier voting NOE) to eliminate the fee for Administrative Hearings.

AYE: Knoblock and Loeffler
NOE: Cabral, Enmeier and Mayor Duncan

11 City Council Regular Meeting Minutes September 5, 2023

11. Oral Communications (Part 2)
Tony Rubolino, San Clemente, narrated a PowerPoint presentation entitled "Chris Duncan: Campaigning off the Vista Del Mar Lockdown". A hard copy of the presentation is on file with the City Clerk.

12. Future Agenda Items
Climate Action Plan
Councilmemeber Loeffler, with the support of Council, directed staff to update the City's Climate action plan and include a potential ban on single use plastics and community choice energy.

Moms Demand Action and Safe Gun Storage
Councilmember Loeffler, with the support of Mayor Duncan and Councilmember Enmeier, directed the Public Safety Committee to review the letter of support concerning Moms Demand Action related to safe gun storage.

E-Bike Safety
Councilmember Cabral, with the support of Councilmember Loeffler and Councilmember Enmeier, directed the Public Safety Committee to evaluate and make recommendations to Council concerning E-Bike safety.

13. Reports
A. Commissions and Committees
None.

B. Council Subcommittee Updates
None.

C. Council Members
Pet Project Foundation Gala
Councilmember Enmeier announced the Pet Project Foundation Gala, Tails of Furever, will be held on Sunday September 10, 2023.

World Surf League
Mayor Duncan provided an update on the World Surf League.

D. City Attorney
City Attorney Mitchell announced her firm, Burke, Williams and Sorensen, are sponsors for the Pet Project Foundation Gala, Tails of Furever, and that she would be in attendance.

12 City Council Regular Meeting Minutes September 5, 2023 E. City Manager
Announcement of Contracts Approved and Executed by the City Manager City Manager Hall reported that the following contracts were executed under his authority:
1) Bob Hall and Associates providing for recruitment assistance $15,000. 2) Ventura Directional Drilling - Linda Lane Pump Station Hydro Auger $49,421. 3) 34th Street Consulting providing for Conflict Resolution and Team Building $10,000 4) Mike Linares providing for CDBG Administration $32,000 5) Underground Solutions - Standby Generator Addition and Electrical Distribution System Upgrade $8,117.

14. Adjournment
Motion by Mayor Pro Tem Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to adjourn at 10:07 p.m. to an Adjourned Regular Meeting to be held on September 14, 2023. Closed Session will begin at 5:00 p.m.The Business Meeting will commence at 6:00 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
_______________________________
MAYOR of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California

13 1
Agenda Item: 7B(1)
Citizens Amphitheater Committee Regular Meeting Minutes July 24, 2023

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

CITIZENS AMPHITHEATER COMMITTTEE
JULY 24, 2023

Committee Members Present Wayne Eggleston; Susie Lantz; Kirstin McCleary; Amanda Quintanilla
Committee Members Absent: Laura Ferguson
Staff Present: Beaches, Parks, and Recreation Director Samantha Wylie

1. MINUTES
A. None.

2. NEW BUSINESS
A. Oath of Office/Brown Act Overview
Deputy City Clerk Megan Jimenez provided the Oath of Office for all committee members in attendance. She provided a copy of the Committee/Commission Handbook to each member and summarized the Brown Act. All committee members were encouraged to review the contents of the handbook to be versed in the B. Work plan & discussion on the feasibility of an amphitheater Beaches, Parks & Recreation Director Wylie summarized the purpose of the Committee. The purpose of the Council-Appointed Commlttee is to understand the feasibility of what an amphitheater may look like in San Clemente. The Committee should consider all factors of development and use and provide a recommendation to City Council on how to proceed. Additional consideration should be given to funding sources and potential costs. The Committee has approximately 60 days to return to Council with an update.

The Citizens Amphitheater Committee (CAC) discussed the project, and made the following comments either individually or as a group:
• Noise should be considered and evaluated with an outdoor amphitheater; • It may be advisable to consider an indoor performing arts center instead of an outdoor venue given the potential environmental impacts; • The former "Krikorian Movie Theater" may be an option for a location; • The outdoor space provided for San Clemente High School theater productions attracted several hundred audience members but lacked adequate areas for the performers to get ready;
• Underutilized areas exist in San Clemente exist including, Miramar Theater property, Krikorian Theater commercial space, Linda Lane Park, and Richard 2 Citizens Amphitheater Committee Regular Meeting Minutes July 24, 2023 Page 2 T. Steed Park; many of these locations pose some type of barrier to entry/development;
• Vista Hermosa Sports Park (VHSP) undeveloped areas were reviewed for possible location;
• A future community center at VHSP could include an indoor theater/center; • Funding must be considered in reviewing options;
• Starting from "scratch" is going to be expensive;
• Open space will be difficult to develop and could require a vote of the people under Measure V;
• Partnership with San Clemente High School, the Cabrillo Playhouse, and/or other entities may be an option for support;
• Laguna Niguel Crown Valley Park has a large amphitheater that hosts approximately 80 concerts per year, but there is a significant grade and it may be challenging to traverse;
• Consider exploring indoor and outdoor options;
• Moonlight Amphitheater in the city of Vista would be ideal to have in San Clemente, but is likely too large to work within the city; • Moonlight has been funded by grants and private donors, with city support; • Other public spaces include the City of Anaheim amphitheater which provides free or low-cost programming annually;
• Consider a Joint Use Agreement with the Capistrano Unified School District for the upper campus area at San Clemente High School;
• The size of the facility is important;
• Different user groups require different size facilities; • The Krikorian Theater space has established infrastructure and parking; the surrounding businesses operate during the day while a theater would operate in the evening;
• Star Theater in the city of Oceanside was a former movie theater that has been converted into a performing arts facility;
• The rental price should be considered;
• Funding and development should start small with an established indoor space, given the significant undertaking a large outdoor amphitheater would require; • Other stakeholders and interested parties are welcome to attend a future meeting.

Committee member Lantz and Committee member Eggleston will connect with the realtor representing the Krikorian Theater, Jim Wynne, to consider an on-site meeting in the future. Each committee member will communicate with interested stakeholders and invite them to the next meeting or gather input on the use of a future facility to share at the next Committee meeting. Committee members will bring a list of interested user groups/genres to the next meeting.

C. Future Meeting Date
Committee members shared dates and times that work best for a future date. BP&R Director stated she will follow up with the group on a confirmed date. 3 Citizens Amphitheater Committee Regular Meeting Minutes July 24, 2023 Page 3

3. ORAL COMMUNICATION
None

4. ADJOURNMENT
Adjourned at 3:54 p.m. to a date to be determined, at the off-site location of 641 Camino De Los Mares B, San Clemente, CA (formerly Krikorian Movie Theater).

Respectfully submitted,
Susie Lantz, Member
A~"' ~+&~ Amanda Quintania, Member
Attest:
~ Beaches, Parks & Recreation Dfrector

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

HUMAN AFFAIRS COMMITTEE
AUGUST 8, 2023

1. CALL TO ORDER/ROLL CALL
Chair Edone called the Regular Meeting of the City of San Clemente Human Affairs Committee to order on August 8, 2023, at 3:35 p.m. The meeting was held at San Clemente City Hall, First Floor Community Room located at 910 Calle Negocio, San Clemente, California.

Committee
Members Present: Chair Lisa Edone, Vice Chair Rosemary Salas, and Members Stuart Anderson, Cord Bauer, Tyler Boden, Jill
Schachter, and Dick Veale
Guests: Residents: George Gregory; Donna Vidrine, and Tom Streeter
Staff Present: Janet Batchelor, Management Analyst II

2. PLEDGE OF ALLEGIENCE
The Pledge was led by Donna Vidrine.

3. APPROVAL OF MINUTES
A. Approve minutes from the July 25, 2023 Adjourned Meeting of the Human Affairs Committee.

MOTION BY MEMBER ANDERSON, SECONDED BY MEMBER BODEN AND CARRIED UNANIMOUSLY, to approve the minutes from the July 25, 2023 Adjourned Meeting of the Human Affairs Committee as submitted.

4. SPECIAL OR PUBLIC PRESENTATION
A. Jewish Family Services, Chris Olsen: Safe Streets presentation via Zoom.

Chris Olsen, Jewish Family Services, summarized the human services provided by Jewish Family Services, and discussed the Safe Streets, a safe parking program for people experiencing homelessness, including its purpose, requirements for participation, process, and services.
1 Agenda Item: 7B(2)

Minutes of the Regular Meeting of the Human Affairs Committee of August 8, 2023 In response to Committee questions, Mr. Olsen explained the necessary qualifications including those of Housing and Urban Development (HUD); wrap around services; steps for San Clemente to begin a program including identifying funding source, determining location, and issuing a request for proposals for services; parking during non-operational hours; demographics of participants; assistance with obtaining valid vehicle registration and insurance; RV parking; average time services are utilized; and site locations.

In response to George Gregory, Mr. Olsen discussed the insurance policy for the corporation and size and staffing of the lots.

In response to Tom Streeter, Mr. Olsen stated more complaints from overnight sites than 24-hour sites were received.

In response to Donna Vidrine, Mr. Olsen discussed initial concerns with crime increases, loitering and attracting more homeless; 90% reduction in negative public comments to the Council after one-year pilot; and investigative report indicating no increase in calls for service in the area.

The Committee discussed the number of homeless vehicles; overnight parking at Walmart; need to determine the problem prior to coming up with a solution; RVs versus vehicles; and need for data to research the issue.

George Gregory discussed the cost of vehicle insurance and difficulty in retaining valid insurance and registration.

Chair Edone suggested considering a deeper dive under the Work Plan discussion.

5. UNFINISHED BUSINESS AND UPDATES
A. Human Affairs Committee Work Plan
The Committee discussed the FY 2022-2023 Work Plan projects. • Project #1. Community Resource Fair
Chair Edone suggested moving forward with a community resource fair, including implementation of Homeward Bound and a budget for advertising.

Member Anderson discussed the Homeless Collaborative plans for a Homelessness 101 forum.

The Committee discussed the target market; means of advertising; lack of information of resources for the homeless; expectations of homeless attending the last fair; and resources for those on the verge of becoming homeless. 2

Minutes of the Regular Meeting of the Human Affairs Committee of August 8, 2023 • Project #2. Resources Directory:

Chair Edone stated the City’s website has been restructured and the Committee can move forward with the IT Department to update the resource directory on the City’s website.

Project #3. Overall Homelessness Strategy:

Member Anderson discussed the programs in Encinitas and Newport Beach, indicating the City of San Clemente was lacking the resource to offer bridge housing.

Chair Edone suggested Homeless 101, United Way and safe parking be considered in the overall homelessness strategy. She reminded the Committee that it served at the will of the City Council.

The Committee discussed the meaning of bridge housing and potential shelters in the area.
• Project #4. Mentorship Program for Young Adults & Grades 6-12 “A Day in the Life”:

Member Boden stated the Chamber of Commerce was working on a similar program, modeled after Vista and Oceanside. He discussed the need for funding for a program in San Clemente.

Chair Edone suggested the Committee work with the Chamber. • Project #5. “Every 15 Minutes” DUI Prevention Program:

Vice Chair Salas stated she would ensure the High School applied for the grant in a timely manner.
• Project #6. SCHS Humanitarian Award:

Vice Chair Salas discussed the need to work with High School to obtain more applicants.

Member Boden offered to work on the project.

The Committee discussed potential items to add to the Work Plan.

Member Bauer suggested reaching out to residents using Artificial Intelligence (AI) to build a professional, non-partisan questionnaires to seek desires of 3

Minutes of the Regular Meeting of the Human Affairs Committee of August 8, 2023 taxpayers, regarding topics such as open space, Pickleball, and sand replenishment. He suggested adding a project of participating in “Solutions for Change,” a model to solve homelessness.

Member Schachter suggested a project on e-bike safety education.

Member Stuart suggested researching options for providing housing for homeless.

Member Veale suggested upgrades to the senior center and funds for a case manager.

Member Boden suggested memorializing the process for utilizing Community Development Block Grant (CDBG) funding. The Committee discussed the origin of the funds and allocation by the City.

Member Boden suggested working on a Character Counts Program.

Chair Edone summarized the proposed FY 2023-204 Work Plan items and work groups as follows:

1. Community Resource Fair/Update Resource Registry on city website– Chaired by Chair Edone, with Members Anderson and Schachter

2. Overall Homeless Strategy, including Homelessness 101 Town Hall, Safe Parking, Housing Options Research, Solutions for Change – Chaired by Member Anderson, with Members Bauer and Boden

3. Mentorship Program – Chaired by Member Boden, with Member Bauer and Vice Chair Salas

4. Every 15 Minutes DUI Simulation – Chaired by Vice Chair Salas, with Member Anderson and Chair Edone

5. San Clemente High School Humanitarian Award – Chaired by Vice Chair Salas, with Members Boden and Schachter

6. AI Questionnaire for the Community– Chaired by Member Bauer

7. Senior Center upgrades – Chaired by Member Veale, with Member Schacter

8. CDBG process – Vice Chair Salas and Member Anderson

9. Character Counts Program– Chaired by Member Boden, with Members Schachter and Anderson
Chair Edone asked the Chair of each workgroup to submit the workplan item to City staff by September 1st. City staff will consolidate all work plan items into one document to be placed on the HAC September 12th Agenda for final approval of the Committee.

B. Updated Human Affairs Committee 2023 Meeting Calendar The updated 2023 HAC meeting calendar was provided to the Committee. 4

Minutes of the Regular Meeting of the Human Affairs Committee of August 8, 2023

6. NEW BUSINESS
None.

7. ORAL AND WRITTEN COMMUNICATION
Ms. Vidrine thanked the Committee for its work and asked if September was designated as Service Club month. Member Boden explained that he had simply announced that he was working on it. Member Vidrine stated the San Clemente Homeless Collaborative would like to work with the Committee and suggested a presentation by Solutions for Change. She offered the services clubs she was engaged with for the Resource Fair.

8. COMMUNICATIONS FROM COMMITTEE MEMBERS AND STAFF
None.

ADJOURNMENT
CHAIR EDONE ADJOURNED THE MEETING AT 6:05 P.M. TO THE REGULAR HUMAN AFFAIRS COMMITTEE MEETING TO BE HELD ON SEPTEMBER 12, 2023, AT 3:30 P.M. AT SAN CLEMENTE CITY HALL, FIRST FLOOR COMMUNITY ROOM, LOCATED AT 910 CALLE NEGOCIO, SAN CLEMENTE, CALIFORNIA.

Respectfully submitted,
______________________________
Lisa Edone, Chair
Attest: ______________________________
Janet Batchelor, Management Analyst
5 1
Agenda Item: 7C(1)

CITY OF SAN CLEMENTE

CERTIFICATION OF WARRANTS

I HEREBY SUBMIT THE ATTACHED

WARRANT REGISTER FOR AUDIT

AND APPROVAL BY THE CITY

COUNCIL, CITY OF SAN CLEMENTE

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

CITY CLERK

I HEREBY CERTIFY TO THE ACCURACY OF THE FOREGOING

DEMANDS AND THAT FUNDS ARE AVAILABLE FOR PAYMENT
THEREOF:

APPROVED AND ORDERED PAID AT

THE MEETING OF THE CITY COUNCIL
HELD ON ___________ _
IN THE AMOUNT OF $ ...;.;4=3-'-'79"-'-8"--'9'-'--7-'---= .5=6 ___ _ MAYOR

PAID BY WARRANTS SIGNED BY LEGALLY

DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003

CITY TREASURER
2 apChkLst Final Check List Page: 1
08/24/2023 10:16:10AM SAN CLEMENTE
Bank : citv BANK OF THE WEST
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 2906 8/25/2023 000659 THE BANK OF NEW YORK ME09012023 9/1/2023 CFD2006-1 PRING & INT 2,940,408.66 2,940,408.66 2907 8/25/2023 001819 FEDERAL WITHOLDING TAX Ben2531875 8/25/2023 FEDERAL TAX: PAYMENT 168,672.06 168,672.06 2908 8/25/2023 000010 CALIF, STATE OF, EMPLOYMEBen2531879 8/25/2023 SDI INS: PAYMENT 5,845.17 5,845. 17 2909 8/25/2023 014754 STATE DISBURSMENT UNIT Ben2531881 8/25/2023 CHILD SUPPORT: PAYMENT 2,398.60 2,398.60 2910 8/25/2023 004156 CALIF, STATE OF, EMPLOYM1Ben2531877 8/25/2023 STATE TAX: PAYMENT 25,995.84 25,995.84 590726 8/25/2023 020648 A & Y COMPANY INC PP12FINAL 8/4/2023 FY23 - ON-CALL ST. MAIN. & . 71,708.84 71,708.84 590727 8/25/2023 035116 ACCESS CONTROL SECURIT0053501 8/2/2023 PARKING ENFORCEMENT S\ 1,312.00 1,312.00 590728 8/25/2023 035659 ACEDO, PAULINA 57579416 7/17/2023 REFUND OF DEPOSIT 81.25 81.25 590729 8/25/2023 035691 ADAME, CITLALI 58643424 7/31/2023 REFUND OF DEPOSIT 50.00 50.00 590730 8/25/2023 035189 ADVANTAGE MAILING LLC 188527 7/27/2023 FALL 2023 SC MAGAZINE 8,147.33 8,147.33 590731 8/25/2023 010213 AFLAC Ben2531869 8/25/2023 AFLAC INSURANCE: PAYMEI\ 79.42 79.42 590732 8/25/2023 000042 AKM CONSULTING ENGINEEF0012386 8/16/2023 CYPRUS SHORE STORM DRi 41,538.00 0012385 8/15/2023 WELL WATER QUALITY svs· 7,531 .00 49,069.00 590733 8/25/2023 024819 ALLEN, CHELSEA 57577296 7/17/2023 REFUND OF DEPOSIT 50.00 50.00 590734 8/25/2023 034188 ALONSO, LUCERO 58642766 7/31 /2023 REFUND OF DEPOSIT 50.00 50.00 Page: 1
3 apChklst
08/24/2023 10:16:1 0AM
Bank : citv BANK OF THE WEST
• I,\;
(Continued)
Final Check List

SAN CLEMENTE
Check # Date Vendor Invoice Inv Date Description
590735 8/25/2023 034565
590736 8/25/2023 035692
590737 8/25/2023 034095
590738 8/25/2023 017703
590739 8/25/2023 035693 5907 40 8/25/2023 025638
5907 41 8/25/2023 034513
590742 8/25/2023 019454
5907 43 8/25/2023 024030
5907 44 8/25/2023 006409
590745 8/25/2023 031618
5907 46 8/25/2023 035660
------
AMAZON BUSINESS 1 FMW-666L-6H; 8/9/2023
1 NNT-DTXM-1 Y 8/9/2023
1VQV-4VHW-GE 8/10/2023
1 P9C-JF9X-FTF 8/10/2023 1VKV-PK17-P16 8/11/2023 1 MNL-JV9M-LRI 8/11/2023 1 NHW-XHP7-KL 8/6/2023
11 FX-DGP6-DHI 8/9/2023
1 FWF-W16Y-9C 8/9/2023
1 TMG-LXKX-77' 8/2/2023 1 MNL-JV9M-3V, 8/8/2023 1J1C-PF4Y-9KF 8/9/2023 1JFW-WKDL-7F 8/9/2023 1 N1 F-CMRR-C3 8/15/2023
1 LHV-X6MD-3Y' 8/3/2023
114D-391P-7P7C 8/14/2023 1 J6G-9H3G-M4t 8/16/2023 1 DPF-9QQY-QI\ 8/17/2023 16KK-VF67-4JYI 8/1/2023
1 R7 J-KP93-CK9 8/4/2023
111 J-C466-4DN\ 8/1/2023
ANO, ANAMARIE 58349242 7/27/2023
58349243 7/27/2023
ARDENT PRESS INC 40483 8/11/2023
40469 8/9/2023
ATHENS SERVICES 14999239 7/31/2023
AUSTIN, TIFFANY 58350456 7/27/2023
BAKER INTERNATIONAL INC. 1165159 12/1/2022 BARLOW, DANIEL 57646743 7/18/2023 BASICS OF SKATEBOARDING081023 8/10/2023
BAY ALARM COMPANY 20768788 8/3/2023
20771195 8/3/2023
BAY CITY INDUSTRIAL SUPPL264054 8/3/2023
BIRD SOLUTIONS INT'L. INNC10693 8/11/2023
BOHN, ANDREA 57808484 7/20/2023

SUPPLIES SUPPLIES SUPPLIES SUPPLIES

SUPPLIES

SUPPLIES

SUPPLIES SUPPLIES

SUPPLIES SUPPLIES SUPPLIES

SUPPLIES

SUPPLIES

SUPPLIES

SUPPLIES

SUPPLIES

SUPPLIES SUPPLIES

SUPPLIES

SUPPLIES

SUPPLIES

REFUND - CLASS CANCELLE REFUND - CLASS CANCELLE

CITY MANAGER BUSINESS C

BUSINESS CARDS

GRIT & SCREENING SERVIC(

REFUND - SCHEDULE CONFI
PN 22801 I DIJE COURT & EL

REFUND - CHANGED MIND

CONTRACT INSTRUCTOR PA
3300870 MONITORING SERVI
3534970 MONITORING SERVI

PARTS/HARDWARE

BIRD TRAPPING & REHOMIN

REFUND - SCHEDULE CONFI
Amount Paid
21 .54

97.42 790.01
295.03

23.68 30.11

53.86 10.50

96.86 101.00

67.84 135.68
339.20 399.15

22.30 24.72
51 .61

62.76 162.62

12.49 285.08 203.00
203.00

64.65 283.37
2,116.20
226.00
7,220.90
415.00
556.50
1,103.00
384.00

67.24 175.00
182.00
Page: 2
Check Total
3,083.46
406.00
348.02
2,116.20
226.00
7,220.90
415.00
556.50
1,487.00

67.24 175.00 182.00
Page:2
4 apChklst Final Check List Page: 3
08/24/2023 10:16:10AM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 590747 8/25/2023 035694 BROWN, CHANTEL 58644429 7/31/2023 REFUND OF DEPOSIT 75.00 75.00 590748 8/25/2023 035661 BURRIS, KELLY 57833780 7/20/2023 CREDIT ON ACCOUNT REFUI 259.00 57833776 7/20/2023 CREDIT ON ACCOUNT REFUI 280.00 57833778 7/20/2023 CREDIT ON ACCOUNT REFUI 378.00 917.00 5907 49 8/25/2023 035695 BYERS. MEEGAN 58642678 7/31/2023 REFUND OF DEPOSIT 50.00 50.00 590750 8/25/2023 016915 CACEO 200026380 8/15/2023 WEB TRAINING - P. PYE 54.00 200026378 8/15/2023 WEB TRAINING - P. PYE 54.00
200026369 8/15/2023 WEB TRAINING - A. KURTZ 54.00
200026356 8/15/2023 WEB TRAINING - A. KURTZ 36.00 198.00 590751 8/25/2023 022197 CALIF FUELS & LUBRICANTS P672807-1 8/7/2023 UNLEADED GAS 1,027.67 P672807-2 8/7/2023 UNLEADED GAS 2,225.46 3,253.13
590752 8/25/2023 000603 CALIF PARK & REC SOCIETY,002935 8/10/2023 CPRS ANNUAL DUE 2,028.72 2,028.72 590753 8/25/2023 003231 CALIFORNIA DEPT OF JUSTIC673252 8/4/2023 FINGERPRINT PROCESSING 416.00 416.00 590754 8/25/2023 029136 CALIFORNIA STREET LIGHTlt994 8/4/2023 CA ST LTNG - B.CYN PK ARE, 33,750.00 33,750.00 590755 8/25/2023 027238 CALPINE ENERGY SOLUTION2323300184910. 8/21/2023 ELECTRICITY A/C #281218 85,669.83 85,669.83 590756 8/25/2023 006462 CALVARY CHAPEL OF SAN CL58643128 7/31/2023 REFUND OF DEPOSIT 50.00 58643070 7/31/2023 REFUND OF DEPOSIT 50.00 100.00
590757 8/25/2023 035696 CANDOVA, NIKOLA 58643546 7/31/2023 REFUND OF DEPOSIT 50.00 50.00 590758 8/25/2023 033621 CAPO BEACH EQUIPMENT R!3459 8/10/2023 MATERIALS/ TOOLS 2,480.29 2,480.29 590759 8/25/2023 019519 CINTAS CORPORATION 1904172477 8/4/2023 CINTAS - APPAREL FOR STAI 8,636.84 1904185420 8/10/2023 UNIFORM RENTAL/ SHOP TC 2,767.62 11,404.46 590760 8/25/2023 035697 CIPOLLA, TERI 58276662 7/26/2023 REFUND - CLASS CANCELLE 40.00 40.00 590761 8/25/2023 031846 CIRULI , KK 57879406 7/21/2023 REFUND - CLASS CANCELLE 60.00 60.00 590762 8/25/2023 033428 CISNEROS, ALINE 57575950 7/17/2023 REFUND OF DEPOSIT 50.00 50.00 Page:3
5 apChklst Final Check List Page: 4 :,
08/24/2023 10:16:1 0AM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 590763 8/25/2023 035342 CIVICA LAW GROUP APC 10907 8/1/2023 CODEENFORCEMENTLEGA 6,193.65 10908 8/1/2023 CODEENFORCEMENTLEGA 271.20
10909 8/1/2023 CODE ENFORCEMENT LEGA 2,317.35
10914 8/1/2023 CODEENFORCEMENTLEGA 1,152.60
10915 8/1/2023 CODEENFORCEMENTLEGA 652.20
10916 8/1/2023 CODEENFORCEMENTLEGA 940.60
10924 8/1/2023 OCSD LEGAL SERVICES FOF 8,300.00
10910 8/1/2023 CODEENFORCEMENTLEGA 4,557.80
10911 8/1/2023 CODEENFORCEMENTLEGA 1,248.19
10912 8/1/2023 CODE ENFORCEMENT LEGA 474.60 10913 8/1/2023 CODE ENFORCEMENT LEGA 180.80 10917 8/1/2023 CODEENFORCEMENTLEGA 113.00
10918 8/1/2023 CODEENFORCEMENTLEGA 1,399.95
10919 8/1/2023 CODEENFORCEMENTLEGA 720.00
10920 8/1/2023 CODEENFORCEMENTLEGA 1,076.55
10921 8/1/2023 CODE ENFORCEMENT LEGA 925.60
10923 8/1/2023 OCSD LEGAL SERVICES FOF 25.35 30,549.44
590764 8/25/2023 0187 43 CO OF ORANGE - SHERIFFS' Ben2531871 8/25/2023 GARNISHMENT: PAYMENT 700.67 700.67 590765 8/25/2023 001241 COLONIAL LIFE & ACCIDENT Ben2531863 8/25/2023 ACCIDENT INSURANCE: PAYI 181 .77 181. 77 590766 8/25/2023 009560 COLUMBIA CASCADE COMPA40725-29 8/9/2023 TRASH RECEPTACLES 1,776.53 1,776.53 590767 8/25/2023 035698 CONE, DAVID 58266371 7/26/2023 CREDIT ON ACCOUNT REFUI 706.00 706.00 590768 8/25/2023 001417 CONSOLIDATED ELECTRIC D1047482 8/10/2023 MATERIALS 619.24 1047503 8/10/2023 MATERIALS 35.93
1047508 8/14/2023 MATERIALS 141 .28
1047355 8/8/2023 MATERIALS 48.39 844.84
590769 8/25/2023 001394 COOK PGA GOLF SHOP INC. 082123 8/21/2023 08/14/23 - 08/20/23 WEEKLY F 23,169.00 23,169.00 590770 8/25/2023 033624 CORRALES, AMANDA 57576696 7/17/2023 REFUND - REGISTRATION EF 262.00 262.00 590771 8/25/2023 006090 COX COMMUNICATIONS 060297301 8/4/2023 LANDLINE PHONE SERVICE:: 4,984.94 4,984.94 590772 8/25/2023 035085 CRAWFORD, KARRIE 57646891 7/18/2023 REFUND - MEDICAL REASOI\ 202.00 202.00 590773 8/25/2023 031112 CYBER MARKETING NETWOFPEREZ-081123 8/11/2023 BOOTS FOR BEL/ EMILY 247.20 PEREZ-081523 8/15/2023 BOOTS - RON 123.63 370.83
59077 4 8/25/2023 005410 DEIST-BINSFIELD, INC 2141 8/10/2023 BLANKET PURCHASE ORDEf 735.00 2140 8/10/2023 BLANKET PURCHASE ORDEf 1,365.00
2142 8/10/2023 BLANKET PURCHASE ORDEf 472.50
2139 8/10/2023 BLANKET PURCHASE ORDEf 1,260.00 3,832.50 Page: 4 . -
6 apChkLst Final Check List Page: 5
08/24/2023 10:16:10AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 590775 8/25/2023 002647 DENAULTS HARDWARE, INC518900 8/9/2023 HARDWARE & MAINT SUPPL 104.47 518913 8/9/2023 HARDWARE & MAINT SUPPL 22.29
518997 8/14/2023 HARDWARE & MAINT SUPPL 31 .97
518983 8/14/2023 HARDWARE & MAINT SUPPL 43.63
518995 8/14/2023 HARDWARE & MAINT SUPPL 23.34
518880 8/8/2023 HARDWARE & MAINT SUPPL 135.97 361.67
590776 8/25/2023 015986 DESTEFANO, LOUIS 81123 8/11/2023 ADULT SOFTBALL OFFICIAL 120.00 8423 8/4/2023 ADULT SOFTBALL OFFICIAL 120.00 240.00
590777 8/25/2023 033851 DIAMOND CONSTRUCTION &PP12 8/11/2023 PN 19516 - CALLE REAL WAT 22,333.22 22,333.22 590778 8/25/2023 035664 DICKINSON, AMELIA 57575002 7/17/2023 REFUND OF DEPOSIT 50.00 50.00 590779 8/25/2023 029827 DOUGAN, REIKO 58656605 7/31/2023 REFUND - CHANGED MIND 142.00 142.00 590780 8/25/2023 004177 E STEWART & ASSOC INC 8338S 7/23/2023 GRAFFITI REMOVAL- PRIV.& 3,280.00 8342S 7/23/2023 CLEANING AND REMOVAL 80.00 8339S 7/23/2023 GRAFFITI REMOVAL- PUBLIC 1,700.00 8340S 7/23/2023 GRAFFITI REMOVAL- PUBLIC 2,520.00
8341S 7/23/2023 GRAFFITI REMOVAL- PUBLIC 560.00
8337S 7/23/2023 GRAFFITI REMOVAL- PRIV.& 3,000.00 11,140.00 590781 8/25/2023 035720 ELYSIAN ARTS & EVENTS LLC080923 8/9/2023 INSTRUCTOR PAYMENT 10,143.00 10,143.00 590782 8/25/2023 034640 ENVIRONMENTAL WATER SEl20999 8/9/2023 CHECK VALVES 200.00 200.00 590783 8/25/2023 033833 ETNYRE, CHRISSY 58321771 7/26/2023 REFUND - CHANGED MIND 207.00 207.00 590784 8/25/2023 009541 EVANS-HYDRO SVC DIVISIOf\162302 7/3/2023 NEW GASKETS FOR POOLS 4,961.10 162303 7/3/2023 NEW BEARINGS FOR POOL: 1,573.25 6,534.35 590785 8/25/2023 033374 EVERDE GROWERS 1217867 6/16/2023 LANDSCAPE MATERIALS 1,136.76 1,136.76 590786 8/25/2023 000026 FEDERAL EXPRESS CORP 8-213-15887 8/4/2023 SHIPPING CHARGES 14.93 8-220-21190 8/11/2023 SHIPPING CHARGES 50.30 65.23
590787 8/25/2023 035722 FIREWATCH SOLUTIONS INC 1598 8/9/2023 FOURTH OF JULY CELEBRAl 3,881.73 1599 8/9/2023 SECURITY FOR OCEAN GAM 392.00 4,273.73
590788 8/25/2023 035738 FONOIMOANA, KIRK 113 7/26/2023 REFUND OF PERSONAL APP 275.00 275.00 590789 8/25/2023 014766 FORTEL TRAFFIC INC 15030 8/3/2023 PCB CONTROLLER. DRIVER, 3,074.19 3,074.19 590790 8/25/2023 035665 FRAZER. ANNA 57577407 7/17/2023 REFUND OF DEPOSIT 50.00 50.00 590791 8/25/2023 035699 FREIBRUN, RUCHEL 58643468 7/31/2023 REFUND OF DEPOSIT 50.00 50.00 590792 8/25/2023 035666 GARCIA, GUADALUPE 57573678 7/17/2023 REFUND OF DEPOSIT 50.00 50.00 590793 8/25/2023 031385 GEOSYNTEC CONSULTANTS 1423491 8/3/2023 WATER QUALITY MANAGEM! 317.75 317.75 590794 8/25/2023 032612 GIANT CO2 315109 7/3/2023 CHEMICAL SUPPLIES 200.67 137952 7/31/2023 CHEMICAL SUPPLIES 453.63 654.30
Page: 5
7 apChklst Final Check List Page: 6 ·
08/24/2023 10:16:10AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 590795 8/25/2023 013107 GORMAN, RON 081123 8/11/2023 INSTRUCTOR PAYMENT 457.80 457.80 590796 8/25/2023 001926 GRAINGER, INC, W.W. 9798014800 8/9/2023 HARDWARE / EQUIPMENT 449.32 9798951233 8/9/2023 HARDWARE/ EQUIPMENT 532.72
9802049214 8/11/2023 HARDWARE/ EQUIPMENT 1,329.53
9802169442 8/11/2023 HARDWARE/ EQUIPMENT 1,615.09
9792011885 8/2/2023 HARDWARE/ EQUIPMENT 68.63
9790636121 8/2/2023 HARDWARE/ EQUIPMENT 120.52
9798169885 8/9/2023 HARDWARE/ EQUIPMENT 236.01 9799542940 8/9/2023 HARDWARE/ EQUIPMENT 164.05 9798169893 8/9/2023 HARDWARE/ EQUIPMENT 24.62
9798951217 8/9/2023 HARDWARE/ EQUIPMENT 21.44
9797905156 8/8/2023 HARDWARE/ EQUIPMENT 1,375.70 5,937.63 590797 8/25/2023 033733 GREEN & ASSOCIATES INC, .. 2325 8/4/2023 PROFESSIONAL CONSULTAf\ 7,500.00 7,500.00 590798 8/25/2023 029128 GUTIERREZ, LUCIA MUNIZ 58642831 7/31/2023 REFUND OF DEPOSIT 50.00 50.00 590799 8/25/2023 034451 GUTIERREZ, OSCAR 58641259 7/31/2023 REFUND OF DEPOSIT 700.00 700.00 590800 8/25/2023 035739 H&H ENTERTAINMENT 001 8/17/2023 BAND ENTERTAINMENT BCH 2,000.00 2,000.00 590801 8/25/2023 025913 HAGER, JUDY P 430819 8/10/2023 REFUND FOR WITHDRAWN) 4,632.38 4,632.38 590802 8/25/2023 023511 HARPER.EVERETT 81123 8/11/2023 ADULT SOFTBALL OFFICIAL 240.00 8423 8/4/2023 ADULT SOFTBALL OFFICIAL 200.00 440.00
590803 8/25/2023 022750 HAVARD, KATHY 58641421 7/31/2023 REFUND OF DEPOSIT 125.00 125.00 590804 8/25/2023 035188 HEALTHY U 080723 8/7/2023 INSTRUCTOR PAYMENT 136.50 136.50 590805 8/25/2023 017777 HERNANDEZ,LISA 58642923 7/31/2023 REFUND OF DEPOSIT 50.00 50.00 590806 8/25/2023 035700 HERNANDEZ,LORENA 58643361 7/31/2023 REFUND OF DEPOSIT 50.00 50.00 590807 8/25/2023 035701 HERNANDEZ.MEAGAN 58643728 7/31/2023 REFUND OF DEPOSIT 50.00 50.00 590808 8/25/2023 035667 HIBNER, MARYANNE 57589381 7/17/2023 REFUND - SCHEDULE CONFI 367.00 367.00 590809 8/25/2023 035702 HIGGINSON, CHANDLER 58642884 7/31/2023 REFUND OF DEPOSIT 50.00 50.00 590810 8/25/2023 033160 HMC ARCHITECTS 169632 8/10/2023 PN 31501 - MARINE SAFETY I 1,001.81 1,001 .81 590811 8/25/2023 035703 HODGSON, MANDY 58311161 7/26/2023 REFUND - SCHEDULE CONFI 136.00 136.00 590812 8/25/2023 035317 HOLLAND, KAYLEE 57800110 7/20/2023 REFUND - SCHEDULE CONFI 112.00 112.00 590813 8/25/2023 035704 HYDEN.RACHEL 58643516 7/31/2023 REFUND OF DEPOSIT 50.00 50.00 Page:6
8 apChklst Final Check List Page: 7
08/24/2023 10:16:10AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 590814 8/25/2023 007033 IMPERIAL SPRINKLER SUPPL0012119094-001 8/7/2023 IRRIGATION SUPPLIES 274.91 0012121900-001 8/7/2023 IRRIGATION SUPPLIES 111.46
0012121836-001 8/7/2023 IRRIGATION SUPPLIES 236.45
0012188447-001 8/10/2023 IRRIGATION SUPPLIES 168.32
0012188081-001 8/10/2023 IRRIGATION SUPPLIES 275.10
0012182784-001 8/10/2023 IRRIGATION SUPPLIES 872.35
0012215669-001 8/11/2023 IRRIGATION SUPPLIES 120.19 2,058.78 590815 8/25/2023 010722 IRV SEAVER MOTORCYCLES 20231830 8/11/2023 POLICE SERVICES MOTORC' 851 .57 851.57 590816 8/25/2023 022769 JAIMERENA, COLBY 57586405 7/17/2023 REFUND - MEDICAL REASOt\ 262.00 262.00 590817 8/25/2023 034508 JENNETTE COMPANY INC PP6 8/1/2023 WRP SODIUM HYPOCHLORr 63,244.35 63,244.35 590818 8/25/2023 035668 JOHNSON, ERIC 57574836 7/17/2023 REFUND OF DEPOSIT 50.00 50.00 590819 8/25/2023 008609 JOHNSTONE SUPPLY OF SAf\2127809-01 8/10/2023 TRUCK TOOLS 189.21 189.21 590820 8/25/2023 006381 JTB SUPPLY COMPANY, INC 112315 8/10/2023 SIGNAL SUPPLIES 1,031.82 1,031.82 590821 8/25/2023 001721 KNORR SYSTEMS INT'L LLC 209318 8/10/2023 POOL EQUIPMENT 4,292.76 4,292.76 590822 8/25/2023 0261 09 KREUZER CONSULTING GRO23-086 8/11/2023 CYPRUS SHORE LIFT STATIC 23,155.25 23,155.25 590823 8/25/2023 004134 LC PAVING & SEALING PP4 7/5/2023 CONSTRUCTION FOR CALLE 260,359.90 260,359.90 590824 8/25/2023 035669 LARSON, ASHLEE 57575076 7/17/2023 REFUND OF DEPOSIT 50.00 50.00 590825 8/25/2023 010398 LARSON, SANDY 080223 8/2/2023 FIELD TRIP EXPENSES REIM 101.26 101.26 590826 8/25/2023 029596 LASCELLES, BRANDON 081423 8/14/2023 CONTRACT INSTRUCTOR PA 4,354.70 4,354.70 590827 8/25/2023 005524 LESLIE'S POOL SUPPLIES IN<00087-02-06343 7/29/2023 POOL SUPPLIES 1,078.56 1,078.56 590828 8/25/2023 016814 LINCOLN AQUATICS 29286115 6/27/2023 CHEMICAL SUPPLIES 259.39 259.39 590829 8/25/2023 034647 LOERTSCHER, JOHN 81123 8/11/2023 SOFTBALL OFFICIAL PAYMEr 80.00 8423 8/4/2023 SOFTBALL OFFICIAL PAYMB 120.00 200.00
590830 8/25/2023 020090 LOMBARDI, ELIZABETH 58650606 7/31/2023 REFUD - MEDICAL REASON 167.00 167.00 590831 8/25/2023 007564 LOWE'S COMPANIES, INC. 25176 8/15/2023 #0333392 SUPPLIES 113.32 89454 8/9/2023 #0333392 SUPPLIES 222.89
93821 8/10/2023 #0333392 SUPPLIES 926.97
96750 7/24/2023 #0333392 SUPPLIES 117.55 1,380.73
590832 8/25/2023 035670 LUSBY, GAIL 57727375 7/19/2023 REFUND - MEDICAL REASOt\ 345.00 345.00 590833 8/25/2023 0357 41 MAMA SAID ENTERTAINMEN14070 8/3/2023 BAND ENTERTAINMENT SCH 1,500.00 1,500.00 590834 8/25/2023 035671 MANCILLA, KRISTINA 57577649 7/17/2023 REFUND OF DEPOSIT 50.00 50.00 590835 8/25/2023 030981 MANRIQUEZ, JOSEFINA 58642976 7/31/2023 REFUND OF DEPOSIT 50.00 50.00 590836 8/25/2023 035672 MARSHALL, LESLIE 57578262 7/17/2023 REFUND OF DEPOSIT 50.00 50.00 590837 8/25/2023 031389 MCCAWLEY, ALISSA 57646457 7/18/2023 REFUND - SCHEDULE CONFI 452.00 452.00 590838 8/25/2023 020426 MCFADGEN, ROBERT 101331590 7/22/2023 REIMBURSEMENT FOR ICC~ 204.00 204.00 Page: 7
9 apChklst Final Check List Page: a· '.
08/24/2023 10:16:10AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 590839 8/25/2023 000502 MCMASTER-CARR SUPPLY C 11857020 7/31/2023 EQUIPMENT & TOOLS 2,023.68 12439019 8/10/2023 EQUIPMENT & TOOLS 191 .25
12459680 8/10/2023 EQUIPMENT & TOOLS 42.67
12439180 8/10/2023 EQUIPMENT & TOOLS 35.04
12362631 8/9/2023 EQUIPMENT & TOOLS 107.54 2,400.18
590840 8/25/2023 035705 MILLER, BROOKE 58643657 7/31/2023 REFUND OF DEPOSIT 50.00 50.00 590841 8/25/2023 034977 MISSION SQUARE-107987 Ben2531873 8/25/2023 401A DEFERRED COMP: PAY 699.67 699.67 590842 8/25/2023 003619 MISSION SQUARE-302452 Ben2531861 8/25/2023 DEFERRED COMP ICMA: PA'v 26,408.69 26,408.69 590843 8/25/2023 034976 MISSION SQUARE-306379 Ben2531865 8/25/2023 DEFERRED COMP/ICMA PTS 7,295.12 7,295.1 2 590844 8/25/2023 035675 MIZRAHI, ALEXANDRA 58105743 7/24/2023 CAMP REFUND 195.00 195.00 590845 8/25/2023 029401 MORENO, CARLA 58642803 7/31/2023 REFUND OF DEPOSIT 50.00 50.00 590846 8/25/2023 035226 MORROW, KAITY FUCINARO 58273075 7/26/2023 REFUND - SCHEDULE CONFI 262.00 262.00 590847 8/25/2023 026626 MORTENSON, KRISSY 58407915 7/27/2023 REFUND - SCHEDULE CONFI 342.00 342.00 590848 8/25/2023 035290 MOTA, ILDA 58642731 7/31/2023 REFUND OF DEPOSIT 50.00 50.00 590849 8/25/2023 030996 MOTA, JUAN 58643018 7/31/2023 REFUND OF DEPOSIT 50.00 50.00 590850 8/25/2023 020671 MUNIZ, MARIA 58641334 7/31/2023 REFUND OF DEPOSIT 150.00 150.00 590851 8/25/2023 034805 MURRAY, LUCY 58642943 7/31/2023 REFUND OF DEPOSIT 50.00 50.00 590852 8/25/2023 031605 NORTHSTAR CHEMICAL 258517 7/25/2023 SUPPLY & DELIVERY OF SO[ 2,801 .50 2,801.50 590853 8/25/2023 030289 OCCUPATIONAL HEALTH CTR80072709 8/2/2023 PHYS LEVEL 2, TB TEST, DO" 913.00 80141601 8/9/2023 PHYS LEVEL 2, TB TEST, Do· 374.00 1,287.00 590854 8/25/2023 025959 OMNI ENTERPRISE INC 590671 8/18/2023 EFT CK#590671 RETURNED E 4,500.00 4,500.00 590855 8/25/2023 008563 ONESOURCE DISTRIBUTORSS7230104.001 8/7/2023 AUTOMATIC TRANSFER swr 8,160.45 S7236406.005 7/20/2023 CREDIT FOR SUPPLY -6,254.33
S7269831.001 7/21/2023 SUPPLY 4,666.51 S7236406.004 7/21/2023 SUPPLY 3.35 S7277991.001 8/2/2023 SUPPLY 1,096.79
S707 4 793.001 8/3/2023 SUPPLY 3,818.84
S7273312.002 8/3/2023 SUPPLY 205.59
S7277991 .002 8/9/2023 SUPPLY 390.09 S7279188.001 8/9/2023 SUPPLY 191.30 S7237403.008 8/11/2023 SUPPLY 73.23 12,351.82 590856 8/25/2023 003198 ORANGE COUNTY TRANSP AAR145489 8/10/2023 OCTA - LEASE PMTS-USE OF 4,137.00 4,137.00 Page: 8
10 apChkLst Final Check List · Page: 9
08/24/2023 10:16:10AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 590857 8/25/2023 000535 ORANGE COUNTY, AUDITOR IN2650429 8/5/2023 SWIMMING POOL OHBC 224.00 IN2650544 8/5/2023 SWIMMING POOL SCAC 224.00
IN2650265 8/5/2023 HAZ MAT DISCLOSURE 460.00
IN2651435 8/5/2023 UNDERGROUNDSTORAGEl 1,190.00 2,098.00 590858 8/25/2023 020253 O'REILLY AUTO PARTS 2676-281496 8/10/2023 PARTS 65.65 65.65 590859 8/25/2023 029013 OROPEZA, GEOVANNA 58643330 7/31/2023 REFUND OF DEPOSIT 50.00 50.00 590860 8/25/2023 020153 PACIFIC ADVANCED CIVIL EN 7564 7/31/2023 CONSULTING SERVICES FOF 7,170.00 7,170.00 590861 8/25/2023 001854 PACIFIC MECHANICAL SUPPL5367636 8/3/2023 SUPPLIES 1,234.96 1,234.96 590862 8/25/2023 030172 PAJARO, REYLAN A 081423 8/14/2023 CONTRACT INSTRUCTOR PA 1,407.00 1,407.00 590863 8/25/2023 009583 PAYFLEX SYSTEMS USA INC 100576-1863064 8/10/2023 ADMIN FEES HEALTH/ DEP C 200.76 200.76 590864 8/25/2023 015190 PAYFLEX SYSTEMS, USA Ben2531867 8/25/2023 SEC 125 MEDICAL: PAYMEN1 3,043. 15 3,043.15 590865 8/25/2023 034980 PDM CONSULTING INC 23-02 8/1/2023 DEL MAR ELECTRICAL REHA 7,470.00 7,470.00 590866 8/25/2023 030320 PEARSON, KELLY 57807187 7/20/2023 CREDIT ON ACCOUNT REFUI 239.00 239.00 590867 8/25/2023 035706 PEREZ. MERCEDES 58642852 7/31/2023 REFUND OF DEPOSIT 50.00 50.00 590868 8/25/2023 002728 PETTY CASH 081423 8/14/2023 REPLENISH PETTY CASH 292.65 292.65 590869 8/25/2023 021857 PETTY CASH -AQUATICS CEI081 123 8/11/2023 REPLENISH PETTY CASH 352.92 352.92 590870 8/25/2023 035750 PICKET FENCE MEDIA E408A5F0-0001 8/16/2023 LEGAL ADS NOTICE 860.75 860.75 590871 8/25/2023 033336 PONCE, EDGAR 57576807 7/17/2023 REFUND OF DEPOSIT 50.00 50.00 590872 8/25/2023 021525 PREISLER, CORI 58355331 7/27/2023 CAMP REFUND 342.00 58354345 7/27/2023 REFUND - MEDICAL REASOI\ 342.00 684.00 590873 8/25/2023 033634 PRIDESTAFF INC 301688164 8/6/2023 GOLF COURSE GROUNDS Kl 3,421.60 3,421.60 590874 8/25/2023 024076 PRIORITY LANDSCAPE SVCS 15369 7/1/2023 PRIORITY - LANDSCP WEST 39,750.00 15446 8/1/2023 PRIORITY - LANDSCP WEST 39,750.00 79,500.00 59087 5 8/25/2023 003616 PRUDENTIAL OVERALL SUPP132204083 8/8/2023 RENTALAND CLEANING OF l 19.50 132205282 8/15/2023 1372603/1273601 /1273604 UN 32.94
132204081 8/8/2023 RENTALAND CLEANING OF l 114.85
132204082 8/8/2023 RENTALAND CLEANING OF l 65.15
132204080 8/8/2023 RENTALAND CLEANING OF l 19.25 251.69 590876 8/25/2023 003944 QUICK CRETE PRODUCTS CC127947 8/7/2023 RECEPTACLE LINERS 2,384.51 2,384.51 590877 8/25/2023 006419 RAIN FOR RENT 1907164 8/3/2023 AS NEEDED POLY TANK REN 1,067.30 1,067.30 590878 8/25/2023 034414 RAMIREZ, MARIA 57576427 7/17/2023 REFUND OF DEPOSIT 50.00 50.00 590879 8/25/2023 034475 RAMIREZ, ROSA 58641 477 7/31/2023 REFUND OF DEPOSIT 81 .25 81 .25 590880 8/25/2023 034177 REAL ESTATE CONSULTING 17384 8/14/2023 REC&S - CITY TRAIL MAINT (: 499.27 499.27 590881 8/25/2023 035210 REESE, CURTIS 8423 8/4/2023 SOFTBALL OFFICIAL PAYMEt 80.00 81123 8/11/2023 SOFTBALL OFFICIAL PAYMEt 120.00 200.00
Page:9
1 1
apChklst Final Check List Page:10
08/24/2023 10:16:1 0AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 590882 8/25/2023 017 407 REYNOLDS, SCOTT 58643623 7/31/2023 REFUND OF DEPOSIT 50.00 50.00 590883 8/25/2023 035677 RHEMAN, KYRA 57575876 7/17/2023 REFUND OF DEPOSIT 50.00 50.00 590884 8/25/2023 030954 RICHARDSON, MEGAN 57614963 7/17/2023 CLASS REFUND 42.00 42.00 590885 8/25/2023 000067 RINCON TRUCK CENTER INC354488 8/8/2023 PARTS 32.91 354573 8/10/2023 PARTS 70.38 354576 8/10/2023 PARTS 217.35 354585 8/10/2023 PARTS -33.45 287.19 590886 8/25/2023 035707 RIVELL, DENISE 58188259 7/25/2023 REFUND - SCHEDULE CONFI 370.00 370.00 590887 8/25/2023 034962 RJM DESIGN GROUP INC 35862 8/15/2023 PN 13703 STEED PARK PICKi 6,457.33 6,457.33 590888 8/25/2023 000635 SAN CLEMENTE CITY EMPLOBen2531859 8/25/2023 DUES - SCCEA: PAYMENT 1,554.00 1,554.00 590889 8/25/2023 014307 SAN CLEMENTE TIMES LLC 15846 7/27/2023 LEGALADS 450.02 450.02 590890 8/25/2023 00117 4 SAN DIEGO GAS & ELECTRIC081723 8/17/2023 210000057099 DISTRIBUTIOI\ 33,700.92 33,700.92 590891 8/25/2023 034310 SANCHEZ, YESENIA MENA 58643766 7/31/2023 REFUND OF DEPOSIT 50.00 50.00 590892 8/25/2023 030166 SANDY FEET INITIATIVE 080723 8/7/2023 CONTRACT INSTRUCTOR PA 1,260.00 1,260.00 590893 8/25/2023 009896 SANTA MARGARITA WATER C000940050-457E 8/10/2023 WATER SERVICES #0011401: 80.34 000940050-4484 8/10/2023 WATER SERVICES #0011401: 1,934.37 2,014.71 590894 8/25/2023 018587 SC ROOKIES 081023 8/10/2023 INSTRUCTOR PAYMENT 1,155.00 1,155.00 590895 8/25/2023 033832 SCHOCK, JULIE 58643914 7/31/2023 REFUND OF DEPOSIT 50.00 50.00 590896 8/25/2023 005035 SCHROEDER, KAYNEA 081023 8/10/2023 INSTRUCTOR PAYMENT 21 ,063.00 21 ,063.00 590897 8/25/2023 002431 SMART & FINAL IRIS, INC. 305255 8/12/2023 ACCT #60124600010399088 181.76 181 .76 590898 8/25/2023 035708 SMITH, DANIELLE 58194165 7/25/2023 REFUND - CLASS CANCELLE 280.00 280.00 590899 8/25/2023 023986 SOC GEM & MINERAL SOCIE-58641299 7/31/2023 REFUND OF DEPOSIT 150.00 150.00 590900 8/25/2023 015733 SONITROL GOLD COAST 2135130 8/1/2023 INTRUSION SYSTEM FOR GC 293.99 293.99 590901 8/25/2023 000311 SOUTH COAST AIR QUALITY 4210514 7/18/2023 77785 ANNUAL RENEWAL FE 504.91 4212361 7/18/2023 77785 EMISSIONS FEE 160.35 665.26
590902 8/25/2023 000817 SOUTH COAST WATER DISTF4742 8/1/2023 JRWSS FY24 OPERATION Al\ 89,226.92 89,226.92 590903 8/25/2023 003204 SOUTHERN CALIF GAS CO. lf072723A 7/27/2023 01060702006 GAS SERVICES 68.95 68.95 590904 8/25/2023 023404 SPELMAN,COURTNEY 57577003 7/17/2023 REFUND OF DEPOSIT 50.00 50.00 590905 8/25/2023 030368 SPORTS FACILITIES GROUP IA15981 7/25/2023 REPLACEMENT BACK STOP 8,331.45 8,331.45 590906 8/25/2023 034517 SYSCO RIVERSIDE INC 420442401 8/4/2023 ACCT#980883748 SUPPLY FC 844.23 844.23 590907 8/25/2023 034417 TAPIA SOLIS, HECTOR 57578161 7/17/2023 REFUND OF DEPOSIT 50.00 50.00 590908 8/25/2023 019220 THE ADVANTAGE GROUP 160187 7/31/2023 COBRAADMINISTRATION 219.45 219.45 590909 8/25/2023 003436 TONY'S LOCKSMITH 41890 8/10/2023 KEY BAK & KEYS CUT 45.20 40302 6/30/2023 CODE CUT SET UP & KEYS C 47.21 92.41
590910 8/25/2023 035678 TRIEU, MIMI 57575278 7/17/2023 REFUND OF DEPOSIT 50.00 50.00 Page: 10
1 2
apChkl st Final Check List - ·· Page: 11
08/24/2023 10:16:10AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 59091 1 8/25/2023 022435 ULINE, INC. 166731 762 8/2/2023 TABLES 2,208.75 2,208.75 590912 8/25/2023 033001 VIATRON SYSTEMS INC PJ8284-19 1/31/2023 TEC - DATA DELIVERY ANDS 3,000.00 PJ8284-27 3/24/2023 TEC - DATA DELIVERY AND S 1,185.00 4, 185.00 590913 8/25/2023 035679 WALLIS, HANNAH 57577499 7/17/2023 REFUND OF DEPOSIT 50.00 50.00 59091 4 8/25/2023 003356 WATERLINE TECHNOLOGIES 5645792 8/4/2023 DELIVERY OF SODIUM HYPE 706.95 5641332 7/12/2023 HYPOCHLORITE SOLUTION~ 2,774.59
5645790 8/4/2023 DELIVERY OF SODIUM HYPE 439.88
5645791 8/4/2023 DELIVERY OF SODIUM HYPE 890.23
5638889 6/28/2023 HYPOCHLORITE SOLUTION~ 1,694.67
5624718 3/28/2023 HYPOCHLORITE SOLUTION~ 2,407.94
5633572 5/26/2023 HYPOCHLORITE SOLUTION~ 743.24
5638213 6/26/2023 HYPOCHLORITE SOLUTION~ 283.28 9,940.78 590915 8/25/2023 035680 WEBER, JAIME 57834307 7/20/2023 REFUND - CLASS CANCELLE 280.00 280.00 590916 8/25/2023 035681 WEISS, MORGAN 57576057 7/17/2023 REFUND OF DEPOSIT 50.00 50.00 590917 8/25/2023 030571 WEST COAST CODE CONSUL223-07-458-01 8/10/2023 WEST COAST CONSULTANT! 6,002.60 6,002.60 590918 8/25/2023 003389 WHITE CAP CONSTRUCTION 10018308592 6/29/2023 CONSTRUCTION SUPPLY 265.80 10018241837 6/16/2023 CONSTRUCTION SUPPLY 250.73
50022723471 6/27/2023 CONSTRUCTION SUPPLY 1,780.85
50022735058 6/27/2023 CONSTRUCTION SUPPLY 3,561 .70
50022725957 6/27/2023 CONSTRUCTION SUPPLY 394.01 6,253.09 59091 9 8/25/2023 035709 WIGGINS, KATHY 58643889 7/31/2023 REFUND OF DEPOSIT 50.00 50.00 590920 8/25/2023 034 725 WILLIS, JACQUELINE 58643600 7/31/2023 REFUND OF DEPOSIT 50.00 50.00 590921 8/25/2023 035462 WINZEN, LINDSEY 57594509 7/17/2023 REFUND - SCHEDULE CONFI 394.00 394.00 590922 8/25/2023 035721 XCEL WETSUITS IN00023727 7/26/2023 WETSUIT FOR WATER SAFE. 1,257.25 1,257.25 590923 8/25/2023 014 7 45 XYLEM WATER SOLUTIONS L3556C84037 7/26/2023 CYPRUS SHORE PUMP REPL 53,321.02 53,321.02 590924 8/25/2023 027059 ZAPP PEST MANAGEMENT 19375 7/28/2023 ZAPP - PEST CTRL CITY FAC 60.00 19377 7/28/2023 ZAPP - PEST CTRL CITY FAC 65.00
19376 7/28/2023 ZAPP - PEST CTRL CITY FAC 60.00
19381 7/28/2023 ZAPP - PEST CTRL PIER & BC 235.00
19481 7/28/2023 ZAPP - PEST CTRL CITY FAC 325.00
19378 7/28/2023 ZAPP - PEST CTRL CITY FAC 75.00
19452 7/28/2023 ZAPP - PEST CTRL CITY FAC 75.00
19467 7/28/2023 ZAPP - PEST CTRL PIER & BC 425.00
19695 7/28/2023 REPAIRS FOR JOLT TRACK~ 450.00
19379 7/28/2023 ZAPP - PEST CTRL CITY FAC 65.00 1,835.00 -
Page: 11
1 3
apChklst
08/24/2023 10:16:1 0AM
Final Check List

SAN CLEMENTE
Sub total for BANK OF THE WEST:

Page: 12
4,379,897.56
Page: 12
1 4
apChklst
08/24/2023 10:16:1 0AM
204 checks in this report.

Final Check List

SAN CLEMENTE
Page: 13
Grand Total All Checks: 4,379,897.56
Page: 13
1 5
City of San Clemente
Sum mary of Large Dollar Warrants
Wire# Date Vendor/Payee
2906 8/25/2023 Bank of New York Mellon
2907 8/25/2023 Federal Withholding
Check# Date Vendor/Payee
590823 8/25/2023 L C Paving & Sealing
Purpose
CFO and Assessment Districts Principal and Interest
Federal withholding taxes for pay period end 8/25/2023
Purpose
Calle Del Cerro Construction
Amount
2,940,408.66
168,672.06
Amount
260,359.90
ORDINANCE NO. 1757

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING AN

AMENDMENT TO THE CONTRACT BETWEEN THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE AND THE

BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA DOES ORDAIN AS FOLLOWS:

Section 1. That an amendment to the contract between the City Council of the City of San Clemente and the Board of Administration, California Public Employees’ Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit A, and by such reference made a part hereof as though herein set out in full.

Section 2. The City Manager of the City of San Clemente is hereby authorized, empowered, and directed to execute said amendment for an on behalf of the City of San Clemente.

Section 3. The City Clerk shall certify to the passage of this ordinance and at least five days prior to the date of adoption of this ordinance, a summary of this ordinance shall be published in the San Clemente Times, a newspaper of general circulation, published and circulated in the City of San Clemente. In addition, prior to the expiration of 15 days following the date of adoption, a second summary of this ordinance, including the votes taken thereon, shall be published in the San Clemente Times. This ordinance shall take effect 30 days after the date of its adoption and thenceforth and thereafter the same shall be in full force and effect.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
1 Agenda Item: 7D
Ordinance No. 1757 Page 2

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Ordinance No. 1757 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:
_________________________
Elizabeth Mitchell, City Attorney
2 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: September 14, 2023 Agenda Item: 7E
Department: Public Works
Prepared By Ryan Kim, Senior Civil Engineer - Traffic
Subject:
..titl e

CONSIDERATION OF A RESOLUTION REGARDING RED CURB INSTALLATION ON WEST

AVENIDA CORNELIO AT AVENIDA DEL PRESIDENTE, AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION 15301) OF THE STATE CEQA GUIDELINES ..body
Summary:

The purpose of this report is to present the findings and recommendations regarding red curb installation on West Avenida Cornelio at Avenida Del Presidente. The proposed changes aim to enhance the visibility of the drivers at that intersection. Staff hand delivered notices to the residents within 300 feet of the subject area to inform them that the City Council would consider the subject matter at this meeting.

Background:

Avenida Del Presidente is a 2-lane collector roadway with a Class II Bike Lane and a 30 MPH speed limit. West Avenida Cornelio is a local street that intersects with Avenida Del Presidente.

According to the City’s Traffic Code, parking is prohibited on both sides of Avenida Del Presidente near the intersection. Additionally, there is a red curb on the south side of West Avenida Cornelio, starting from the curb return and extending 45 feet westward. (See Attachment

1.)
Residents have raised a safety issue and requested to install a red curb due to parked cars that obstruct the visibility of drivers at the intersection of West Avenida Cornelio and Avenida Del Presidente.

Discussion:

Staff recommends the following change as shown in Attachment 1 in the area:

1. Install a 10-foot red curb on the north side of West Avenida Cornelio from west of Avenida Del Presidente curb return in a southwesterly direction.

The proposed parking modifications were reviewed by the Planning Commission on August 2, 2023. The Planning Commission received two letters in support for the additional red curb and one in opposition. During the Planning Commission hearing there was discussion regarding the opposition to the red curb by the adjacent resident. The resident had requested that the curb 1 Meeting Date: September 14, 2023 Agenda Item: 7E

CITY OF SAN CLEMENTE
area remain for additional parking for his family and caretakers. The item was unanimously recommended by the Planning Commission for City Council approval.

Council Options:
 Adopt Resolution No. 23-94, approving the parking modification as shown on Attachment 1 and finding the project categorically exempt from CEQA.  Adopt Resolution No. 23-94 with modifications.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 23-94 and deny the request for parking modifications.

Fiscal Impact:

Yes. The cost for painting the curbs and installing new signage (approximately $1000) is available in the City Maintenance Department’s Street Sign Replacement Program, Project No. 21306.

Environmental Review/Analysis:

The Planning Commission and staff recommend that the City Council determine this action to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

Recommended Actions:

Staff Recommendation ..recommendation
Planning Commission and Staff recommend that the City Council approve Resolution No. 23-94, which would take the following actions:

1. Find the project categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines; and

2. Approve the red curb installation as illustrated in Attachment 1 of the Administrative dated September 14, 2023.
..end
Attachment:

1. Location Map - Proposed Measures

2. Resolution No. 23-94
Notification:

Staff hand delivered notices to the residents within 300 feet of the subject area to inform them that the City Council would discuss the subject matter at this meeting. 2 3
...
/
/
/
/
-q- \
C"') \
'\"""""
)
/
ATTACHMENT 1
\
\
w
Iz
w
0 ~ Cl) s
w w w 0:: 0:: a.. LL
...J LO w I
0 <(
I 0
-
z
w
~
LEGEND:
--- PROPOSED RED CURB/ NO-PARKING
■ ■ ■ ■ ■ -EXISTING RED CURB/ NO-PARKING
gi..,___ ________________ +-_....._.,..__....i.i.., _ ___,,.____., ___________ ---t Cl)

CITY OF SAN CLEMENTE
910 Calle Negocio
San Clemente, CA 92673
https://www.san-clemente.org

LOCATION MAP
1-------------------1

PROPOSED PARKING PROHIBITION

AVE CORNELIO AT AVE DEL PRESIDENTE
ATTACHMENT 2
RESOLUTION NO. 23-94

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING MASTER
TRAFFIC RESOLUTION NO. 1846, ESTABLISHING ‘NO
PARKING AREAS’ ON WEST AVENIDA CORNELIO, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION
15301) OF THE STATE CEQA GUIDELINES
WHEREAS, the City has received complaints related to parking conditions on West Avenida Cornelio at Avenida Del Presidente; and
WHEREAS, the City has reviewed the parking locations and the City desires to improve safety and traffic conditions in the area; and
WHEREAS, the City of San Clemente Planning Commission (“Planning Commission”), at its regular meeting of August 2, 2023, made a recommendation to the City of San Clemente City Council (“City Council”) to approve the parking prohibition at the location listed below; and
WHEREAS, the City Council has considered the recommendation by the Planning Commission, the information provided by City staff and any information provided by the public at or before the September 14, 2023 City Council meeting, and City Council now wishes to implement the recommended parking prohibition.

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

Section 1. That the above recitals are true and correct.

Section 2. That the project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of minor alteration of existing public structures, facilities or topographical features, involving negligible or no expansion of existing or former use and there is no possibility of a direct or foreseeably indirect effect on the environment.

Section 3. That the Master Traffic Resolution No. 1846, Section 23, entitled “No Parking Areas”, is hereby amended by adding subsection 23.c-27b to read as follows:

23.c-27b Cornelio, West Avenida, north side, from Avenida Del Presidente curb return in a southwesterly direction for a distance of 10 feet.

Section 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
4 Resolution No. 23-94 Page 2
PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of
San Clemente, California San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, Laura Campagnolo, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-94 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:
___________________________
Elizabeth A. Mitchell, City Attorney
5 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: September 14, 2023 Agenda Item: 7F
Department: Public Works
Prepared By Ryan Kim, Senior Civil Engineer - Traffic
Subject:
..titl e

CONSIDERATION OF A RESOLUTION REGARDING RED CURB INSTALLATION ON CAMINO FARO AT

VIA CHALUPA, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION 15301) OF THE STATE CEQA GUIDELINES ..body
Summary:

The purpose of this report is to present the findings and recommendations regarding red curb installation on Camino Faro at Via Chalupa. The proposed changes aim to enhance the visibility of the drivers at that intersection. Staff hand delivered notices to the residents within 300 feet of the subject area to inform them that the City Council would consider the subject matter at this meeting.

Background:

Per the General Plan Mobility Element, Camino Faro is a local residential street, but it serves as a main access/collector to the surrounding streets. The road is 36 feet wide and has a 25 MPH speed limit. Parking is allowed on both sides of the street, except for the south side of Camino Faro at Via Chalupa, where there are red curbs that extend 25 feet eastward and westward of each curb return. (See Attachment 1.) The surrounding streets off of Camino Faro are private and owned by the New Providence Home Owners Association (HOA). Parking on the HOA streets is very limited due to the tight design of the residential homes, and the HOA prohibits overnight parking in most areas of these streets. This results in many neighborhood vehicles parking on Camino Faro.

During the Planning Commission hearing on October 19, 2022, Public Works staff presented recommendations regarding a traffic calming/speed cushion petition for Camino Faro from residents of the HOA. Staff’s report concluded that Camino Faro did not meet the standards for traffic calming as defined in the City’s Traffic Calming Policy and Resource Manual. The Planning Commission voted to not forward recommendations for traffic calming to the City Council, but did direct staff to meet with the HOA and discuss potential other measures that could be taken.

During the Planning Commission hearing on December 21, 2022, Public Works staff presented its analysis of several options for traffic calming. Due to the number of public comments received regarding a lack of line of sight for vehicles, the Planning Commission recommended that staff study the intersections along Camino Faro and focus on the intersection with Via Chalupa.

The intersection of Camino Faro and Via Chalupa is located along the tight curvature of the street and results in a concern for a lack of line of sight for vehicles when vehicles are parked on Camino Faro. Staff has continued to collaborate with representatives of the HOA and attempted to find a solution that minimizes the loss of street parking. Furthermore, the HOA confirmed that parking is permitted on Via Chalupa.

Discussion:

Staff recommends the following changes as shown in Attachment 2 in the area:
1 Meeting Date: September 14, 2023 Agenda Item: 7F

CITY OF SAN CLEMENTE

1. Add 95 feet of red curb to make the existing red curb 120 feet long on the south side from the point of curb return east of Via Chalupa in an easterly direction.

2. Add 70 feet of red curb to make the existing red curb 95 feet long on the south side from the point of curb return west of Via Chalupa in a westerly direction.

The proposed parking modifications were reviewed by the Planning Commission on August 2, 2023. The Planning Commission received two letters in support of the additional red curb. One speaker during the hearing opposed the additional red curbing due to the loss of parking it would cause to the residents. The item was unanimously recommended by the Planning Commission for City Council approval.

Council Options:
 Adopt Resolution No. 23-95, approving the parking modification as shown on Attachment 2 and finding the project categorically exempt from CEQA.
 Adopt Resolution No. 23-95 with modifications.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 23-95 and deny the request for parking modifications.

Fiscal Impact:

Yes. The cost for painting the curbs and installing new signage (approximately $1000) is available in the City Maintenance Department’s Street Sign Replacement Program, Project No. 21306.

Environmental Review/Analysis:

The Planning Commission and staff recommend that the City Council determine this action to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

Recommended Actions:

Staff Recommendation ..recommendation
Planning Commission and Staff recommend that the City Council approve Resolution No. 23-95, which would take the following actions:

1. Find the project categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines; and

2. Approve the red curb installations as illustrated in Attachment 2 of the Administrative dated September 14, 2023.
..end
Attachment:

1. Location Map- Existing Conditions

2. Location Map- Proposed Measures

3. Resolution No. 23-95
Notification:

Staff hand delivered notices to the residents within 300 feet of the subject area to inform them that the City Council would discuss the subject matter at this meeting. 2 3
ATTACHMENT 1
\ ~,.,~ \
\ \ ~~ \
\ ol.>, % Y" / ? -y /
\ \
\ \9:>~ \
\ ~~ ~
\ (flt / ?; () \ 0 ~ "'E \-a ~~ \i
\ \ \ \
l()
..... LEGEND:
■ ■ ■ ■ ■ -EXISTING RED CURB/ NO-PARKING
6,
~ r-----::::=:::--.-.:....i....ii....-...1....1....1...-----r---------------J

LOCATION MAP

CITY OF SAN CLEMENTE
910 Calle Negocio
San Clemente, CA 92673
https://www.san-clemente.org

EXISTING NO-PARKING ZONES

ON CAMINO FARO
4 "' N
~ c,;
cx:i
\
\
\
\
\
l()
.....
\
\
\
\
\
\
\
\
\
ATTACHMENT 2
~,.,~ \
~~ \
ol.>, % Y" / ? -y /
\~\ ~~ ~
/to / ?; ()
~ "'E \-a ~~ \i
\ \
--~-- -----
LEGEND:
--- PROPOSED RED CURB/ NO-PARKING
■ ■ ■ ■ ■ -EXISTING RED CURB/ NO-PARKING
6,
~ r--:::-=::--.-......:...i....i..-i....i.....i......------,r----------------.J LOCATION MAP

CITY OF SAN CLEMENTE
910 Calle Negocio
San Clemente, CA 92673
https://www.san-clemente.org

PROPOSED PARKING PROHIBITION

ON CAMINO FARO
ATTACHMENT 3
RESOLUTION NO. 23-95

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING MASTER
TRAFFIC RESOLUTION NO. 1846, ESTABLISHING ‘NO
PARKING AREAS’ ON CAMINO FARO, AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION
15301) OF THE STATE CEQA GUIDELINES
WHEREAS, the City has received complaints related to parking conditions on Camino Faro at Via Chalupa; and
WHEREAS, the City has reviewed the parking locations and the City desires to improve safety and traffic conditions in the area; and
WHEREAS, the City of San Clemente Planning Commission (“Planning Commission”), at its regular meeting of August 2, 2023, made a recommendation to the City of San Clemente City Council (“City Council”) to approve the parking prohibitions at the locations listed below; and
WHEREAS, the City Council has considered the recommendation by the Planning Commission, the information provided by City staff and any information provided by the public at or before the September 14, 2023 City Council meeting, and City Council now wishes to implement the recommended parking prohibitions.

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

Section 1. That the above recitals are true and correct.

Section 2. That the project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of minor alteration of existing public structures, facilities or topographical features, involving negligible or no expansion of existing or former use and there is no possibility of a direct or foreseeably indirect effect on the environment.

Section 3. That the Master Traffic Resolution No. 1846, Section 23, entitled “No Parking Areas”, is hereby amended by modifying subsections 23.d-40 and 23.d-43 to read as follows:

23.d-40 Faro, Camino, south side from the point of curb return east of Via Chalupa in an easterly direction for a distance of 120 feet.

23.d-43 Faro, Camino, south side from the point of curb return west of Via Chalupa in a westerly direction for a distance of 95 feet. 5 Resolution No. 23-95 Page 2
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 ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of
San Clemente, California San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, Laura Campagnolo, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-95 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:
___________________________
Elizabeth A. Mitchell, City Attorney
6 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: September 14, 2023 Agenda Item: 7G
Department: Public Works
Prepared By Ryan Kim, Senior Civil Engineer - Traffic
Subject:
..titl e
CONSIDERATION OF A RESOLUTION REGARDING RED CURB INSTALLATION AT 366 CAMINO DE

ESTRELLA NEAR THE NORTHERLY DRIVEWAY OF VINTAGE SHORES SENIOR APARTMENTS, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION 15301) OF THE STATE CEQA GUIDELINES ..body
Summary:

The purpose of this report is to present the findings and recommendations regarding red curb installation at 366 Camino De Estrella near the northerly driveway of Vintage Shores Senior Apartments. The proposed change aims to improve access and visibility of a privately owned fire hydrant and the driveway exit for the Senior Apartments. Staff hand delivered notices to the residents within 300 feet of the subject area to inform them that the City Council would consider the subject matter at this meeting.

Background:

Located at 366 Camino De Estrella, San Clemente, CA 92672, the Vintage Shores Senior Apartments have a fire hydrant on their property, which is situated on the south side of the northerly driveway that leads to Camino De Estrella. This fire hydrant is frequently blocked by cars that park near it, which could prevent emergency vehicles from accessing it. Additionally, parked vehicles also pose a potential line-of-sight issue for vehicles exiting the senior facility.

Discussion:

Staff recommends the following change as shown in Attachment 1 in the area:

1. Install a 20-foot red curb on the east side of Camino De Estrella south of the northerly driveway at 366 Camino De Estrella (Vintage Shores Senior Apartments driveway exit).

The proposed red curb will mark the area where parking is not allowed on the pubic street in front of the fire hydrant. This will enhance the visibility and accessibility of the hydrant for emergency vehicles. The proposed red curb was reviewed by the Planning Commission on August 2, 2023. The item was unanimously recommended by the Planning Commission for City Council approval.

Council Options:
 Adopt Resolution No. 23-96, approving the parking modification as shown on Attachment 1 and finding the project categorically exempt from CEQA.
 Adopt Resolution No. 23-96 with modifications.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 23-96 and deny the request for parking modification. 1 Meeting Date: September 14, 2023 Agenda Item: 7G

CITY OF SAN CLEMENTE
Fiscal Impact:

Yes. The cost for painting the curbs and installing new signage (approximately $1000) is available in the City Maintenance Department’s Street Sign Replacement Program, Project No. 21306.

Environmental Review/Analysis:

The Planning Commission and staff recommend that the City Council determine this action to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

Recommended Actions:

Staff Recommendation ..recommendation
Planning Commission and Staff recommend that the City Council approve Resolution No. 23-96, which would take the following actions:

1. Find the project categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines; and.

2. Approve the red curb installation as illustrated in Attachment 1 of the Administrative dated September 14, 2023.
..end
Attachment:

1. Location Map - Proposed Measure

2. Resolution No. 23-96
Notification:

Staff hand delivered notices to the residents within 300 feet of the subject area to inform them that the City Council would discuss the subject matter at this meeting. 2 3
...

ATTACHMENT 1
34921
I
34947 I
5 (/) I
I\) I iii
f1 I Q
/J.J
...J ~ ...J
I 0
r:~, I 1;Cu(fj
I\) I\) I\)
0) 0) 0)
co co co
v.) ~ 0,
co 0, 0,
--
I\)
0)
co
0)
~
!(/
~
o'
Q
I.J.t
-..../
-..../
u
----------____;_;:s'-----
Driveway
~ PROPOSED NO-PARKING ZONE
0) I\)
0)
co
~
~
.,. .,.
--.4---'- Drive~ y ....,__ __
20' ~
LEGEND:
v.)
0)
0)

CAMINO DE ESTRELLA
--- PROPOSED RED CURB/ NO-PARKING
■ ■ ■ ■ ■ -EXISTING RED CURB/ NO-PARKING
~ - EXISTING FIRE HYDRANT
-•
I\)
........
0 0
~
gi..,___ _________ ....,,i;.. ________________________ ---t Cl)

CITY OF SAN CLEMENTE
910 Calle Negocio
San Clemente, CA 92673
https://www.san-clemente.org

LOCATION MAP
1-------------------1

PROPOSED PARKING PROHIBITION
AT 366 CAMINO DE ESTRELLA
ATTACHMENT 2
RESOLUTION NO. 23-96

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING MASTER
TRAFFIC RESOLUTION NO. 1846, ESTABLISHING ‘NO
PARKING AREAS’ ON CAMINO DE ESTRELLA, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION
15301) OF THE STATE CEQA GUIDELINES
WHEREAS, the City has received complaints related to parking conditions on Camino de Estrella at the driveway at the 366 address; and WHEREAS, the City has reviewed the parking location and the City desires to improve safety and traffic conditions in the area; and
WHEREAS, the City of San Clemente Planning Commission (“Planning Commission”), at its regular meeting of August 2, 2023, made a recommendation to the City of San Clemente City Council (“City Council”) to approve the parking prohibition at the location listed below; and
WHEREAS, the City Council has considered the recommendation by the Planning Commission, the information provided by City staff and any information provided by the public at or before the September 14, 2023 City Council meeting, and City Council now wishes to implement the recommended parking prohibition.

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

Section 1. That the above recitals are true and correct.

Section 2. That the project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of minor alteration of existing public structures, facilities or topographical features, involving negligible or no expansion of existing or former use and there is no possibility of a direct or foreseeably indirect effect on the environment.

Section 3. That the Master Traffic Resolution No. 1846, Section 23, entitled “No Parking Areas”, is hereby amended by adding subsection 23-d-4d to read as follows:

23.d-4d De Estrella, Camino, east side, 20 feet south side of the northerly driveway at 366 Camino De Estrella (Vintage Shores Senior Apartments driveway exit).

Section 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
4 Resolution No. 23-96 Page 2
PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of
San Clemente, California San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, Laura Campagnolo, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-96 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:
___________________________
Elizabeth A. Mitchell, City Attorney
5 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: September 14, 2023 Agenda Item: 7H
Department: Public Works
Prepared By Zak Ponsen, Assistant City Engineer
Ryan Kim, Senior Civil Engineer - Traffic
Subject:
..titl e
CONSIDERATION OF A RESOLUTION TO APPROVE COOPERATIVE AGREEMENT NO. C-3-2431 WITH

ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) FOR COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT ..body
Fiscal Impact:

None at this time.

Summary:

Staff recommends that City Council approve Cooperative Agreement No. C-3-2431 between the Orange County Transportation Authority and City of San Clemente for the Countywide Signal Synchronization Baseline Project. Due to San Clemente’s long distance from traffic signals in other cities and the current plans, it is not expected that the City will need to include our traffic signal system in their network. Nevertheless, OCTA is requesting that all cities enter into the agreement. OCTA staff has indicated that entering into the agreement should help the City of San Clemente in receiving future OCTA synchronization funding and grant opportunities.

Background:

The Renewed Measure M (M2) Regional Traffic Signal Synchronization Program (RTSSP) is a collaborative effort among the Orange County Transportation Authority (OCTA), the County of Orange, and 34 cities in Orange County, including the City of San Clemente, to enhance traffic flow and reduce congestion. As part of this program, OCTA conducted a Countywide Signal Synchronization Plan Study (“PLAN STUDY”) and received approval from the OCTA's Board of Directors on March 14, 2022, to update the Traffic Signal Synchronization Master Plan. The Project will involve about 2,500 signalized intersections along major corridors in Orange County, including 51 signalized intersections owned and operated by the City of San Clemente, with 7 (seven) optional operated signalized intersections included as well. OCTA has also obtained Congestion Mitigation and Air Quality (CMAQ) funds to implement the PLAN STUDY.

Council Options:
 Adopt Resolution No. 23-97, approving the Cooperative Agreement No. C-3-2431.  Modify and adopt Resolution No. 23-97.
 Continue the Item and direct staff to provide additional information.  Deny Resolution No. 23-97 and deny the approval of the Cooperative Agreement No. C-3-2431.

Environmental Review/Analysis:

Since the Cooperative Agreement and PLAN STUDY will not include actual changes within the City of San Clemente, this item is not a “project” pursuant to CEQA Guidelines Section 15378 (14 CCR § 15378). There is no potential for action resulting in either a direct physical change in the environment, nor a reasonably foreseeable indirect physical change in the environment. In the event that plans change and future signal 1 Meeting Date: September 14, 2023 Agenda Item: 7H

CITY OF SAN CLEMENTE
modifications are included within the City, staff will reevaluate the CEQA determination at that time when the impacts are known.

Recommended Actions:
..recommendation
Staff recommends that the City Council approve the following actions:

Adopt Resolution No. 23-97, which would authorize the City Manager to execute Cooperative Agreement No.

C-3-2431 (Contract C23-50) by and between the City of San Clemente and OCTA. ..end
Attachment:

1. Cooperative Agreement No. C-3-2431

2. Resolution No. 23-97

3. Selected Pages from the PLAN STUDY (A copy of the full PLAN STUDY document is available for review at the City Public Works Dept.)
Notification:

None.
2

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
COOPERATIVE AGREEMENT NO. C-3-2431

BETWEEN

ORANGE COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF SAN CLEMENTE
FOR

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT
THIS COOPERATIVE AGREEMENT (Agreement), is effective this _______ day of _________________, 2023 (“Effective Date”), by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation of the State of California (herein referred to as “AUTHORITY”) and the City of San Clemente, a municipal corporation duly organized and existing under the constitution and laws of the State of California (“PARTICIPATING AGENCY”), each individually known as “Party” and collectively known as “Parties”.

RECITALS:

WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCY is working together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program (RTSSP) to enhance countywide traffic flow and reduce congestion; and
WHEREAS, the AUTHORITY completed a Countywide Signal Synchronization Plan Study (hereinafter, “PLAN STUDY”) in support of the RTSSP and received authorization from the AUTHORITY’s Board of Directors on March 14, 2022, to update the Traffic Signal Synchronization Master Plan in accordance with the PLAN STUDY recommendations; and WHEREAS, the AUTHORITY secured Congestion Mitigation and Air Quality (“CMAQ”) funds for the implementation of a Countywide Signal Synchronization Baseline Project (hereinafter, “PROJECT”) as presented in the PLAN STUDY; and
/
3 COOPERATIVE AGREEMENT NO. C-3-2431

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
WHEREAS, the AUTHORITY intends to release a request for proposals to secure a consultant (“CONSULTANT”) to implement the PROJECT; and
WHEREAS, based on the PLAN STUDY the AUTHORITY agrees to act as the implementing agency to carry out the PROJECT; and
WHEREAS, the PROJECT will include approximately 2,500 traffic signalized intersections along regionally significant corridors within Orange County; and WHEREAS, approximately 51 PARTICIPATING AGENCY-owned and operated signalized intersections and 7 (seven) optional operated signalized intersections will be included as part of the PROJECT; and
WHEREAS, the PROJECT will include all 34 Orange County cities and the County of Orange; and
WHEREAS, the AUTHORITY will enter into a separate cooperative agreement with each participating agency in each jurisdiction for implementation of the PROJECT; and WHEREAS, the AUTHORITY and the PARTICIPATING AGENCY acknowledges and understands that in-house resources (staff hours) from the PARTICIPATING AGENCY will provide various services in support of the PROJECT; and
WHEREAS, the AUTHORITY and the PARTICIPATING AGENCY desire to enter into this Agreement to implement the PROJECT in support of the RTSSP; and WHEREAS, this Agreement defines the specific terms and conditions, and between the AUTHORITY and the PARTICIPATING AGENCY for the implementation of the PROJECT; and WHEREAS, the PARTICIPATING AGENCY’s City Council approved this Agreement on the _____ day of ___________________, 202_____.

NOW, THEREFORE, it is mutually understood and agreed by the AUTHORITY and the PARTICIPATING AGENCY as follows:
/
/
4 COOPERATIVE AGREEMENT NO. C-3-2431

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this Agreement between the AUTHORITY and the PARTICIPATING AGENCY and supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement.

The above referenced Recitals are true and correct and are incorporated by reference herein.

B. The AUTHORITY’s failure to insist on any instance(s) of the PARTICIPATING AGENCY’s performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the AUTHORITY’s right to such performance or to future performance of such term(s) or condition(s), and the PARTICIPATING AGENCY’s obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon the AUTHORITY except when specifically confirmed in writing by an authorized representative of the AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.

C. The PARTICIPATING AGENCY’s failure to insist on any instance(s) of the AUTHORITY’s performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the PARTICIPATING AGENCY’s right to such performance or to future performance of such term(s) or condition(s), and the AUTHORITY’s obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon the PARTICIPATING AGENCY except when specifically confirmed in writing by an authorized representative of the PARTICIPATING AGENCY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.
/
/
/
5 COOPERATIVE AGREEMENT NO. C-3-2431

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
ARTICLE 2. SCOPE OF AGREEMENT
This Agreement specifies the roles and responsibilities of the Parties as they pertain to the subjects and PROJECT addressed herein. The Parties agree that each will cooperate and coordinate with the other Party in all activities covered by this Agreement and any other supplemental agreements that may be required to facilitate purposes thereof.

ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
The AUTHORITY, as the lead agency, agrees to the following responsibilities for the implementation of the PROJECT:

A. To designate a Project Manager as a single point of contact for the Project.

B. The AUTHORITY, or agents of the AUTHORITY, shall manage, procure, implement, and complete all aspects of the PROJECT, including filing all documentation necessary to comply with the Congestion Mitigation and Air Quality (CMAQ) funding for the PROJECT.

C. The AUTHORITY, or agents of the AUTHORITY, shall coordinate outreach with the PARTICIPATING AGENCY for the PROJECT.

D. The AUTHORITY, or agents of the AUTHORITY, shall collect all data necessary to provide new optimized timing plans including, but not limited to, manual or video all movement counts at each PROJECT signalized intersection, and a mutually agreed upon number and location of 24 hours 7 days automated machine traffic counts with vehicle classification.

E. The AUTHORITY, or agents of the AUTHORITY, shall develop and implement new timing plans optimized for signal synchronization.

F. The AUTHORITY, or agents of the AUTHORITY, shall provide updated timing plans for all control systems and all relevant data used to develop said plans to the PARTICIPATING AGENCY.

G. The AUTHORITY, or agents of the AUTHORITY, shall prepare a conceptual plan for the delivery of the PROJECT. The AUTHORITY, or agents of the AUTHORITY, shall provide all reports to the PARTICIPATING AGENCY in draft and final formats for review and comment. The PARTICIPATING AGENCY comments shall be noted in the final report.
6 COOPERATIVE AGREEMENT NO. C-3-2431

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
H. The AUTHORITY shall provide oversight to maintain inter-jurisdictional traffic signal operational integrity between the PROJECT and other signal synchronization projects not older than three (3) years from the effective date of this Agreement.

I. The AUTHORITY shall provide formats, templates, and guidance in reporting requirements necessary for the PROJECT.

J. The AUTHORITY, or agents of AUTHORITY, under this Agreement and upon closeout of PROJECT, may perform a technical and/or field review to ensure that the CMAQ guidelines, policies, and procedures were followed.

ARTICLE 4. RESPONSIBILITIES OF THE PARTICIPATING AGENCY The PARTICIPATING AGENCY agrees to the following responsibilities for implementation of the PROJECT:

A. The PARTICIPATING AGENCY shall provide a technical representative to meet and participate as a member of the PROJECT’s Traffic Forum.

B. The PARTICIPATING AGENCY shall authorize the AUTHORITY to manage, procure, and implement all aspects of the PROJECT.

C. The PARTICIPATING AGENCY shall participate and support the PROJECT implementation.

D. The PARTICIPATING AGENCY shall provide the AUTHORITY, or agents of the AUTHORITY, all current intersection as-built drawings, all current intersections controller assembly plans as provided by the manufacturer and modified by the PARTICIPATING AGENCY since original installation, local field master, local controller, Advanced Traffic Management System timing plans, and other ITS-related data upon request.

E. The PARTICIPATING AGENCY shall inform the AUTHORITY of new traffic signal installations and any traffic signal modifications, which would materially affect the performance of the regional corridors on the PROJECT.
/
7 COOPERATIVE AGREEMENT NO. C-3-2431

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
F. The PARTICIPATING AGENCY shall maintain in good condition existing traffic signal equipment for the PROJECT, such as signal communication and traffic signal controllers.

G. The PARTICIPATING AGENCY shall waive all fees associated with permits that would otherwise be required from the CONSULTANT, subconsultants, and/or service or equipment providers in the performance of the PROJECT.

ARTICLE 5. DELEGATED AUTHORITY
The actions required to be taken by the PARTICIPATING AGENCY in the implementation of this Agreement are delegated to its respective City Manager, or City Manager’s designee, and the actions required to be taken by the AUTHORITY in the implementation of this Agreement are delegated to the AUTHORITY’s Chief Executive Officer or Chief Executive Officer’s designee.

ARTICLE 6. AUDIT AND INSPECTION
PARTICIPATING AGENCY shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING AGENCY shall permit the authorized representatives of AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCY for a period of five (5) years after final payment, final closeout, or until any on-going audit is completed, whichever is later. For purposes of audit, the date of completion of this Agreement shall be the date of AUTHORITY’s payment of CONSULTANT’s final billing (so noted on the paid invoice) under this Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above provision with respect to audits shall extend to and/or be included in contracts with AUTHORITY’S contractor.

ARTICLE 7. INDEMNIFICATION
A. To the fullest extent permitted by law, the PARTICIPATING AGENCY shall defend (at the PARTICIPATING AGENCY’s sole cost and expense with legal counsel reasonably acceptable to the AUTHORITY), indemnify, protect, and hold harmless the AUTHORITY, and its officers, directors, employees, and agents (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, 8 COOPERATIVE AGREEMENT NO. C-3-2431

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (PARTICIPATING AGENCY’s employees included), for damage to property, including property owned by the AUTHORITY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of the PARTICIPATING AGENCY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement.

B. To the fullest extent permitted by law, the AUTHORITY shall defend (at the AUTHORITY’s sole cost and expense with legal counsel reasonably acceptable to the PARTICIPATING AGENCY), indemnify, protect, and hold harmless the PARTICIPATING AGENCY, including their officers, directors, employees, and agents (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (AUTHORITY’s employees included), for damage to property, including property owned by the PARTICIPATING AGENCY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of the AUTHORITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement.

C. The indemnification and defense obligations of this Agreement shall survive its expiration or termination.

ARTICLE 8. ADDITIONAL PROVISIONS
A. Term of Agreement: This Agreement shall be in full force and effect from the Effective Date through December 31, 2028.

B. Amendment: This Agreement may be extended or amended in writing at any time by the mutual consent of both Parties. No amendment shall have any force or effect unless executed in writing by all Parties.
/
9 COOPERATIVE AGREEMENT NO. C-3-2431

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
C. Termination: In the event any Party defaults in the performance of their respective obligations under this Agreement or breaches any of the provisions of this Agreement, the non-defaulting Party shall have the option to terminate this Agreement upon thirty (30) calendar days prior written notice to the Party in default.

D. Termination for Convenience: Either Party may terminate this Agreement for its convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for convenience to the other Party.

E. AUTHORITY and Parties shall comply with all applicable federal, state, and local laws, statues, ordinances, and regulations of any governmental authority having jurisdiction over the PROJECT.

F. Legal Authority: The Parties hereto consent that they are authorized to execute this Agreement on behalf of said Party and that, by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement.

G. Severability: If any term, provision, covenant, or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each remaining term, provision, covenant, or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

H. Counterparts of Agreement: This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same Agreement. Facsimile/electronic signatures shall be permitted.

I. Assignment: Neither this Agreement, nor any of the Parties’ rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior written consent of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. /
10 COOPERATIVE AGREEMENT NO. C-3-2431

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
J. Governing Law: The laws of the State of California and applicable local and federal laws, regulations, and guidelines shall govern this Agreement.

K. Litigation Fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney’s fees, to the prevailing Party.

L. Notices: Any notices, requests, or demands made between the Parties pursuant to this Agreement are to be directed as follows:

To PARTICIPATING AGENCY: To AUTHORITY:

City of San Clemente Orange County Transportation Authority 910 Calle Negocio
San Clemente, CA 92672
550 South Main Street
P. O. Box 14184
Orange, CA 92863-1584
Attention: Ryan Kim
Senior Civil Engineer - Traffic
Tel: (949) 361-6114
Email: [email protected]
Attention: Michael Le
Senior Contract Administrator
Tel: (714) 560-5314
Email: [email protected]
CC: Alicia Yang
OCTA Project Manager
Tel: (714) 560-5362
Email: [email protected]
M. Force Majeure: Either Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other Party, when satisfactory evidence of such cause is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. 11 COOPERATIVE AGREEMENT NO. C-3-2431

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-3-2431 to be executed as of the date of the last signature below.

CITY OF SAN CLEMENTE ORANGE COUNTY TRANSPORTATION AUTHORITY By: ___________________________ By: __________________________________ Kiel Koger Meena Katakia
Director of Public Works Manager, Capital Projects
Dated: _________________________ Dated: _________________________ ATTEST: APPROVED AS TO FORM:

By: ___________________________ By: __________________________________ Laura Campagnolo James M. Donich
City Clerk General Counsel
Dated: _________________________ Dated: _________________________

APPROVED AS TO FORM
By: ___________________________
Elizabeth Mitchell
City Attorney
Dated: _________________________
12 ATTACHMENT 2
4860-5047-5367 v1
RESOLUTION NO. 23-97

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO EXECUTE COOPERATIVE AGREEMENT
NO. C-3-2431 WITH THE ORANGE COUNTY

TRANSPORTATION AUTHORITY FOR COUNTYWIDE

SIGNAL SYNCHRONIZATION BASELINE PROJECT
WHEREAS, the Orange County Transportation Authority (OCTA) in cooperative with the City of San Clemente is working together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program (RTSSP) to enhance countywide traffic flow and reduce congestion; and
WHEREAS, OCTA completed a Countywide Signal Synchronization Plan Study (herein referred to as “PLAN STUDY”) in support of the RTSSP and received authorization from the OCTA’s Board of Directors on March 14, 2022, to update the Traffic Signal Synchronization Master Plan in accordance with the PLAN STUDY recommendations; and WHEREAS, OCTA secured Congestion Mitigation and Air Quality (CMAQ) funds for the implementation of a Countywide Signal Synchronization Baseline Project (hereinafter, “PROJECT”) as presented in the PLAN STUDY; and WHEREAS, OCTA intends to release a request for proposals to secure a consultant to implement the PROJECT; and
WHEREAS, OCTA agrees to act as the implementing agency to carry out the PROJECT based on the PLAN STUDY; and
WHEREAS, approximately 51 city-owned and operated signalized intersections and 7 (seven) optional operated signalized intersections will be included as part of the PROJECT and none of them are in the City of San Clemente; and WHEREAS, OCTA has requested all cities in the County to enter into Cooperative Agreement No. C-3-2431 to implement the PROJECT in support of the RTSSP; and WHEREAS, entry into Cooperative Agreement No. C-3-2431 is in the best interests of the public and the City of San Clemente.

NOW, THEREFORE, the City Council of San Clemente does hereby find, determine, and resolve as follows:

SECTION 1. That the above recitations are true and correct and incorporated herein.
13 Resolution No. 23-97 Page 2
4860-5047-5367 v1
SECTION 2. That the City Manager is authorized and directed to execute the Cooperative Agreement No. C-3-2431 and such other documents as may be necessary and proper to accomplish the goals of the PROJECT.

SECTION 3. That staff is authorized and directed to take such actions as are necessary and proper in furtherance of the PROJECT.

SECTION 4. That 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 September, 2023.
_______________________
Mayor of the City of
San Clemente, California
ATTEST:
__________________________
CITY CLERK of the City of
San Clemente, California
14 Resolution No. 23-97 Page 3
4860-5047-5367 v1

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-97 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of September 2023, 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:
___________________________
Elizabeth A. Mitchell, City Attorney
15 ATTACHMENT 3
16 N
C)

DANA POINT

SANJUAN

CAPISTRANO
,. ~i)' / ,'L .. -~
c
,.,.,
pal \<10 ·~ \ .,..I \
o"'~,. < • ~ •
" • , ~1 I
;p' "- # r-·-""' ' ( c,'>• ~ 'l>c,!.t.< f 0~• •\ •~-•--...... --j 0 ""\ _,., - '-. . ' y I • .
•"'
£) '- ' · " • . /'--•. .... ,~$
. '../ "'\ .
,,-,, q_# .. , . . "' "-:. • "1/ ceito · . ._, pel ::,,.G ca\\e "' fl •
..
.•
• ' '-
SAN

CLEMENTE

UNINCORPORATED

ORANGE COUNTY

UNINCORPORATED

SAN DIEGO COUNTY
OCTA TSSMP Update 2020 City of San Clemente
Traffic Signals
• Agency Signal Included in LSSP e Caltrans Signal Included in LSSP Existing Communications Network
Twisted Pair
Fiber
Wireless Link
1-H Rail
Parks
- Waterways
0 0.25 0.5 1
Miles
17 ~~,.«-":',.,,_

SAN JUAN

CAPISTRANO
~{1,0~
C,"' ·
• ,If I§ s
<r
8 f cJ
. .,_ .
. , G. !1'11,e_.....
•
. ,,---
Del Rio
v · G \
0 \ • ' I
$'
/ ""/
fJ $ .
~""' • / • / .\ • ----' $-. ---..._ . 1
. 'l-~•<-'1:,1> _ ..
-
I!<
r
\ -4'~'" \ '\
\ " . \
/ ~ -' • ,,cl -----
~
• Ill ~ '-.__ "-.. \ / . • $_
. 'CD
-
G
I
SAN

CLEMENTE
,ta
• '% '- Lrl((IJ
\. \ -·
\. ~
,;i;, , ..
--·
\ .,..-r" ( $·(!)
G
# ,_v cl
;,? v'"
--
:'i'J..19'
f.>,,
..

OCTA TSSMP Update 2020
City of San Clemente
Traffic Signals
0 Agency Signal Included in LSSP - Reference ID
0 Caltrans Signal Included in LSSP - Reference ID
Existing Communications Network
-- Twisted Pair -- Fiber -- Wireless Link
1-H Rail
Parks
• Waterways
18 N
C)
$ ~ /:fca,,,.,0
$--
e-
''l!.e~0 Fl>
o"' ;,.4's . 9"q_ ~,. ! \;;
,b'l> .J
<" 41> . .,
~,f"fil ?J-o"'
()el' ·~O'l>..J,v. ·~O"i> 0(/,
~0(/,
1:-" ~o ,ct q,"' ·~01:, 0"'
~(J,'l>
~,s-0
~o'l> ,,-;0
SAN

CLEMENTE
/t
0;?
cl
·l:>" ll ,t
<J)
'J
\
\ '8- !~
\
\
"

UNINCORPORATED

SAN DIEGO COUNTY
OCTA TSSMP Update 2020
City of San Clemente
0 Traffic Signals
0 Agency Signal Included in LSSP - Reference ID
0 Caltrans Signal Included in LSSP - Reference ID
Existing Communications Network
Fiber
-- Wireless Link
1-H Rail
Parks
- Waterways

0.25 0.5
Miles
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: September 14, 2023 Agenda Item: 7I
Department: Human Resources
Prepared By Elora Dutra, Human Resources Analyst II – Risk Management Subject:

CONSIDERATION OF A RESOLUTION AWARDING AN AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR CONTRACT WITH ADMINSURE, INC.

FOR WORKERS’ COMPENSATION THIRD PARTY ADMINISTRATIVE SERVICES IN AN AMOUNT NOT TO EXCEED $100,000 WITH TWO OPTIONAL ONE-YEAR EXTENSIONS..b Fiscal Impact:

Funds are budgeted annually for this ongoing service. The first three years cumulatively will not exceed $100,000, in accordance with the contract terms. Optional extension years, if exercised, will not exceed $38,000 per year.

Summary:

The City’s excess insurance carrier requires the City use a third party workers’ compensation administrative services on an ongoing basis. The City’s current agreement for these services is set to expire on September 30, 2023. The City released a request for proposals for Workers’ Compensation Third Party Administrative Services on June 30, 2023 to the five carrier-approved service providers. There were two proposers, of which AdminSure, Inc., of Ontario, was found to offer the lowest fair and reasonable price. None of the carrier-approved providers that the City is required to use are local companies. This item is the consideration of a three-year agreement with AdminSure, Inc. with the option for two one-year extensions.

Background:

On September 6, 2022, the City Council directed staff to complete a request for proposals (RFP) for workers’ compensation third party administrative (TPA) services. A third party administrator offers claims process and employee workers compensation management under an agreement with the City to ensure compliance with all laws, regulations, and benefit administration.

The City of San Clemente has been self-insured for workers’ compensation since 2002. The City self-insures for the first $300,000 per claim and purchases excess insurance coverage through Public Risk Innovation, Solutions, and Management (PRISM). The City is classified by PRISM as low risk for workers’ compensation and their actuarial reports indicate self-insurance continues to be the best way for the City to cover its workers’ compensation obligation under the laws of the State of California.

PRISM requires that members select a TPA to administer the claims process from a list of five approved service providers. The approval process is rigorous and PRISM audits all providers 1 Meeting Date: September 14, 2023 Agenda Item: 7I

CITY OF SAN CLEMENTE
biannually to ensure they continue to meet the agreed upon standards. There are no local vendors on PRISM’s list of approved TPAs. The City released an RFP to the PRISM approved TPAs on June 30, 2023. Formal responses were received from LWP Claims Solutions, Inc. and AdminSure, Inc.

Discussion:

Staff evaluated both proposers following City Policy and Procedure #201-2-3 Selection of Professional Contractors, and conducted interviews on August 3, 2023; it was determined both proposals were fair and reasonable. LWP Claims Solutions, Inc. provided the City with two options for billing: a per claim basis and a yearly flat fee. AdminSure, Inc. submitted their fees on a per claim basis. The pricing sheets submitted by both proposers are included as Attachments 3 and 4. Staff completed an analysis and found that AdminSure, Inc. was the lowest proposer based on their fee structure.

Both proposers submitted a fee increase of 3% per year as shown in the table below. The anticipated yearly cost for AdminSure, Inc. is based on the City’s five-year average of 18 open claims per month.

Comparison of Anticipated Fees
Year Term
AdminSure, Inc. LWP Claims
Solutions, Inc. –
Per Open Yearly Flat Fee
Claim Fee
Anticipated
Yearly Cost
1 October 2023 – September 2024 $115 $24,840 $30,000
2 October 2024 – September 2025 $119 $25,704 $30,900
3 October 2025 – September 2026 $123 $26,568 $31,827
4 October 2026 – September 2027 $127 $27,432 $32,782
5 October 2027 – September 2028 $131 $28,296 $33,765
The City has contracted with AdminSure, Inc. for WC TPA services since September 2008 when they were initially selected through the RFP process. They have extensive experience handling public agency claims, provide claims administration services for 68 PRISM members, and are familiar with the City’s internal policies. After completing the RFP process, AdminSure, Inc. is recommended by staff as the best option because they provide the lowest cost alongside dependable service and continuity of existing operations.

Council Options:
 Adopt Resolution No. 23-98, awarding an agreement for Workers’ Compensation Third Party Administrative Services to AdminSure, Inc. and authorizing the City Manager to execute an agreement for a period of three years in an amount not to exceed $100,000 cumulatively, with the option for two one-year extensions in an amount not to exceed $38,000 per option year.  Modify the agreement to a different term and/or modify and adopt Resolution No. 23-98.  Continue the item with direction to provide additional information. 2 Meeting Date: September 14, 2023 Agenda Item: 7I

CITY OF SAN CLEMENTE
Environmental Review/Analysis:

Not a “project” under the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation
Adopt Resolution 23-98, awarding an agreement to AdminSure, Inc. to provide Workers’ Compensation Third Party Administrative Services and authorizing the City Manager execute the three-year agreement in an amount not to exceed $100,000 cumulatively, with the option for two one-year extensions in an amount not to exceed $38,000 per option year. ..end
Attachment:

1. Resolution No. 23-98

2. Proposed Professional Consultant Services Agreement with AdminSure, Inc.

3. Pricing Sheet submission – LWP Claims Solutions, Inc.

4. Pricing Sheet submission – AdminSure, Inc.

Notification:

All proposers.
3 ATTACHMENT 1
RESOLUTION NO. 23-98

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, AWARDING A THREEYEAR CONTRACT TO ADMINSURE, INC. FOR WORKERS’

COMPENSATION THIRD PARTY ADMINISTRATIVE

SERVICES AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE CONTRACT IN AN AMOUNT NOT TO
EXCEED $100,000 DURING THE INITIAL TERM WITH AN

OPTION FOR TWO ADDITIONAL ONE-YEAR TERMS IN AN
AMOUNT NOT TO EXCEED $38,000 PER OPTION YEAR
WHEREAS, the City participates in an excess workers’ compensation pool through Public Risk Innovation, Solutions, and Management (PRISM) that requires the use of a third party administrator for self-insured workers’ compensation claims; and WHEREAS, the City has conducted a formal request for proposals for Workers’ Compensation Third Party Administrative Services; and
WHEREAS, in July 2023, the City received two responses to the request for proposals; and
WHEREAS, based on the City’s analysis, AdminSure, Inc. was found to offer the lowest fair and reasonable price.

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

Section 1. That the above recitations are true and correct and incorporated herein.

Section 2. That AdminSure, Inc. is hereby awarded a contract to provide Workers’ Compensation Third Party Administrative services to the City of San Clemente based on their response to the request for proposals released on June 30, 2023.

Section 3. That the City Manager is authorized and directed to execute an Agreement for Workers’ Compensation Third Party Administrative services with AdminSure, Inc. for a period of three years in an amount not to exceed $100,000 cumulatively, with the option for two one-year extensions in an amount not to exceed $38,000 per option year, in a form substantially similar as that presented to City Council on September 14, 2023.

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 September, 2023.
4 Resolution No. 23-98 Page 2
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
5 Resolution No. 23-98 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-98 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of September, 2023, 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 September, 2023. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
Elizabeth A. Mitchell, City Attorney
6 ATTACHMENT 2
7 CITY OF SAN CLEMENTE

PROFESSIONAL CONSUL TANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 1st day of October, 2023, 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 AdminSure, Inc., a California Corporation, with its principal place of business at 3380 Shelby Street, Ontario, CA 91764 ("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 Workers' Compensation Third Party Administrative services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Workers' Compensation Third Party Administrative services to public clients, is licensed in the State of California, if applicable, and is familiar with the policies of City.

2.2 Project.

City desires to engage Consultant to render such professional employee third party administrative consulting services for the Workers' Compensation Third Party Administrative 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 third party administrative 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 perform.ed 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.

Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit "A-1."]

3.1.2 Term. The term of this Agreement shall be from October 1, 2023 to September 30, 2026, unless earlier terminated as provided herein. The Agreement has the option to be extended for two additional periods of one-year each. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
1 55452.01100\31193624.5
8 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: Alithia Vargas-Flores, Chief Executive Officer and Chief Financial Officer.

3.2.6 City's Representative. The City hereby designates Johanne Thordahl, HR Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the 2 55452.01100\31193624.5
9 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 Alithia Vargas-Flores, Chief Executive Officer and Chief Financial Officer or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative").

Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

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

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

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

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where 3 55452.01100\31193624.5
10 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 the per open claim fee per year and a three-year total cost of one hundred thousand dollars ($100,000) without written approval of the City Council or City Manager as applicable. If the Agreement is extended, the total compensation shall not exceed the per open claim fee per year and a one-year total cost of thirty-eight thousand dollars ($38,000). 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.

3.3.6.1 Prevailing Wages. Consultant is aware of the requirements of 4 55452.01100\31193624.5
11 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. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6.2 Registration. If the Services are being performed as part of an applicable "public works" or "maintenance" project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to Services performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771. 1.

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

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

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen ( 15) days of the request. 5 55452.01100\31193624.5
12 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: AdminSure, Inc.
3380 Shelby Street
Ontario, CA 91764
City:

ATTN: Alithia Vargas-Flores, CEO and CFO
City of San Clemente
91 O Calle Negocio
San Clemente, CA 92673
ATTN: Johanne Thordahl, HR Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 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 City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 6 55452.01100\31193624.5
13 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 parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
7 55452.01100\31193624.5
14 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

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

3.5.1 O City's Right to Employ Other 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 solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service 8 55452.01100\31193624.5
15 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 and signatory represent and warrant that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party and will indemnify the other party for all costs (including attorney fees) incurred should such representation and warrant be false.

3.5.22 Counterparts/Electronic Signatures. This Agreement may be signed electronically and in counterparts, each of which shall constitute an original. A true and correct electronic copy of this Agreement may be used for all purposes as an original signed in ink.

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.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
9 55452.01100\31193624.5
16 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

ATTEST:

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

CITY OF SAN CLEMENTE
By: ---------- ---- Andy Hall, City Manager
Dated: ______ __ , 2023
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:

Finance Authorization
55452.01100\31193624.5
AdminSure, Inc.
("CONSUL TANT")
Consultant Entity Number 1160242
Q\1-~ k;~---~~
~~-Flor , CEO/CFO
Dated: August 28, 2023
By ~t.~
Ash1eyC.811s, Secretary
Dated: August 28, 2023
10 17
EXHIBIT "A"

SCOPE OF SERVICES
Consultant shall perform the following scope of services (collectively "Services"):

Consultant shall perform all services required to supervise and administer a self-insured workers' compensation program for the City, and to act as the City's representative in matters relating to the City's obligations under the workers' compensation laws of the State of California. Consultant shall perform to the standards outlined within PRISM's "Addendum A - Workers' Compensation Claims Administration Standards,• PRISM's "Philosophy and Expectations of the Workers' Compensation Claims Administration Standards (Addendum A) and Workers' Compensation Claims Audit Process," and the items listed below.

A. Program Administration
• Administration and Reporting
• Administer all claims except "first aid only" claims; first aid only claims are to be administered by the City.
• Report claims to excess insurers in accordance with policy terms and collect excess payments.
• Assessments - Consultant shall be responsible for all penalties assessed whether by the Administrative Director, Office of Self-Insurance Plans, or the Office of Benefits and Enforcement, unless said penalties are for late indemnity payments which were caused by the City's late report of claim. If any penalty shall accrue as a result of the City's personnel practices, then the City shall be responsible and shall be billed by the Consultant.
• Settlement of Claims - Review and consult with the City on proposed settlements and secure approval before a Compromise and Release or Stipulated Settlement is filed with the Appeals Board for approval.

B. Reporting Services & Record Retention
• Provide the City with regular monthly and quarterly reports in the format and number requested by the City. Such reports include, but may not be limited to, transaction reports; check registers; loss experience reports; management summary reports; weekly claims registers; monthly claims summary reports; monthly claims register reports; annual report to the State; annual tax statements, including Federal Form 1099 and State Form 599 as appropriate; large loss reports - over $25,000 and $100,000; and required excess insurance carrier reporting in accordance with PRISM's written policy and cont~act.
• Monthly computer-produced claims information data will be required to include a detailed listing of open claims; summaries of all open and closed claims; a monthly reconciliation of the Workers' Compensation checking account; and specialized loss reports as requested by the City.
11 55452.01100\31193624.5
18 C. Workers' Compensation Trust Fund Checking Account • The City shall establish a trust fund checking account to cover payments and reimbursements applicable to the self-insured workers' compensation program. The trust fund checking account shall be established in the name of the Consultant as an agent of the City. Deposits shall be made to the account as required to ensure that funds are available for payment of claims for settlement and allocated loss expenses upon presentation of such checks or warrants. The Consultant shall provide the bank checks stock. Checks shall be protected with state of the art security features.

Consultant shall not draw on the trust fund checking account for any purpose other than adjustment of claims and payment of allocated loss expenses. Once each week, Consultant shall provide the City with a detailed accounting of all workers' compensation benefits and allocated loss expenses paid from the fund. The detailed accounting shall include the date and check number of all benefit and allocated loss payments and shall also include appropriate supporting documentation for allocated loss expense payments. A monthly check register summary shall be provided.

Consultant is responsible for erroneous payments made from the account by their error. The amount of any such erroneous payments made from the account shall be deducted from administrative fee payments. Consultant shall develop, implement, and maintain security procedures to ensure safeguard offunds in the account and the bank checks. Such procedures shall be approved by the City.

D. Records Retention and Inspection
• The Consultant agrees that the City shall have access to and the right to examine, audit, excerpt, copy, or transcribe any pertinent records pertaining to the agreement. • All records shall be kept and maintained by the Consultant and made available to the City during the term of the agreement and for a period of five (5) years thereafter. All such records shall be delivered to the City in the format and media specified upon termination of the agreement.

E. Ownership of Records
• Consultant must stipulate that all claim files, electronic data processing/management information system records, and all records generated on behalf of the City are owned by the City and that claim files will be available to the City upon request. 12 55452.01100\31193624.5
19 EXHIBIT 11 8 11

SCHEDULE OF SERVICES
THIRD PARTY ADMINISTRATIVE CONSUL TING SERVICES TO COMMENCE OCTOBER 1, 2023
--- -:--.--- ---:------
-: \ --, __ -_ -- __ _
Year Term Per Open Claim
1 October 2023 - September 2024 $115
2 October 2024 - September 2025 $119
3 October 2025 - September 2026 $123
Year Term Per Open Claim
4 October 2026 - September 2027 $127
5 October 2027 - September 2028 $131
1 55452.01100\31193624.5
20 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. (8) 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. (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. 55452.01100\31193624.5
21 (E) Cyber Liability Insurance with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

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. (8) 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:
22 (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 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 AM. Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
23 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 norm~lly provided by any insurance.

3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and 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.
24 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)
□
~
IAi
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: CNA
Policy Number: 7036375039
LJ I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker's compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.

WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE

IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL

PENAL TIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS 25 ($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.

Dated: August 28. 2023
By:

AdminSure Inc.

Consultant
Secretary
Title
3380 Shelby Street
Address
Ontario. CA 91764
Address
26 EXHIBIT "D"
RATES
In full compensation for the Services provided under the Agreement, Consultant shall receive the cost per open claim and bill the City on a monthly basis as follows:
.:··_-;'.-: 3 Yeaf:C~ontrac:if- cost per·op~n clcifrn fee strucfifre i : ... ·\:

Year Term Per Open Claim
1 October 2023 - September 2024 $115
2 October 2024 - September 2025 $119
3 October 2025 - September 2026 $123
Year Term Per Open Claim
4 October 2026 - September 2027 $127
5 October 2027 - September 2028 $131
If costs are anticipated to exceed the above budget, Consultant shall obtain written authorization from the City for the Extra Work before it is performed. In no event shall total compensation under this Agreement exceed one hundred thousand dollars ($100,000) cumulatively during the first three years or thirty-eight thousand dollars ($38,000) per year thereafter if the Agreement is extended into year four or five.

All other fees will be charged as listed on the following page.

Pricing Sheet - City of San Clemente RFP WC TPA
Description Type
Medical Only
Indemnity
Take Over Claims
Medical Only
Indemnity
1st Year
2nd Year
3rd Year
4th Year
5th Year
Other
1st Year
2nd Year
3rd Year
4th Year
5th Year
Other

1. PPO Discounts

2. Fee Schedule

3. Pass Through Bills

4. Bill Check

5. Other

1. State Mandated

2. Peer Review

3. Field Case Manager

4. Telephonic Case

5. Manager

1. Legal Fees

2. Expert Fees

3. Investigation Fees

4. Other Fees

1. Annual

2. Other

1. System Access

2. Data Transfer

3. Conversion Fees
Provider Name /
Number of
Providers in City
Area (no greater
Annual Costs
Excluded Costs List All Excluded
Terms of
Cancellation Fees
File Transfer

1. Medical Only

2. Indemnity
None
Termination Per the City's Contract/Agreement
Per the City's Contract/Agreement
Per the City's Contract/Agreement
End of Contract
Claims Handling
Fees
See above per claim basis/flat fee rate
See above per claim basis/flat fee rate

3. Monthly Rate See above per claim basis/flat fee rate Medical Provider Network The City does not currently utilize a MPN. Should the City decide to in the future, all MPN costs/fees will be at-cost.

Not applicable
Additional Charges Bill Review Up to 27% of savings
$15 flat fee
$15 flat fee
$15 flat fee
.75 cents per ebill/ocr when applicable
Utilization Review Max. $750 per total charge
Administration
Fees
See above per claim basis/flat fee rate
See above per claim basis/flat fee rate
System Fees Read-only is no additional fee
Not applicable
Not applicable
Min. $300 per hour
City's choice of vendor; at-cost
City's choice of vendor; at-cost
Not applicable
Vendor Fees City's choice of vendor, at-cost
City's choice of vendor, at-cost
City's choice of vendor, at-cost
All vendors are city-chosen
Per Examiner / Position
Rate
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
Fees & Options
Per Claim Basis $115 per open claim per month - year 1
$115 per open claim per month - year 1
Not applicable
Not applicable
Not applicable
Flat Fee Rate $115 per open claim per month
$119 per open claim per month
$123 per open claim per month
$127 per open claim per month
$131 per open claim per month
3% minimum increase for all future years
27 Pricing Sheet - City of San Clemente RFP WC TPA
Description Type
Per Claim Basis Medical Only
Indemnity
Take Over Claims
Medical Only $150 per claim open at time of takeover
Indemnity
Flat Fee Rate 1st Year $30,000
2nd Year $30,900
3rd Year $31,827
4th Year $32,782
5th Year $33,765
Other
Per Examiner / Position Rate 1st Year $245,000 per Senior Examiner based on 125 caseload 2nd Year $252,300 per Senior Examiner based on 125 caseload 3rd Year $259,921 per Senior Examiner based on 125 caseload 4th Year $267,718 per Senior Examiner based on 125 caseload 5th Year $275,750 per Senior Examiner based on 125 caseload Other
Additional Charges Bill Review 1. PPO Discounts 24% of reduction below FS (27% of reduction below
FS for Anthem Network if
used

2. Fee Schedule $9 per bill plus PPO
reduction, $300 per
inpatient/outpatient or
surgery center bill plus
PPO

3. Pass Through Bills N/A

4. Bill Check N/A

5. Other Specialized Network
access $5 per bill, bill
review charges do not
apply - DMG, Diagnostic
Testing, PT, Pharmacy
Bills not subject to Fee
Schedule - 24% of
reduction
Fees & Options
$400 month reported and $150 per month each
subsequent month claim remains open. Price will
increase by 3% annually for the life of the contract.
$400 month reported and $150 per month each
subsequent month claim remains open. Monthly fee
subject to 3% annual escalation for life of contract.
$150 per claim reported - one time charge. Per claim
fee will increase by 3% per year for the life of the
contract
ATTACHMENT 3
28 Pricing Sheet - City of San Clemente RFP WC TPA
Utilization Review 1. State Mandated Adjuster Review - no charge
Nurse Review - $120 flat
fee
(up to 3 medical requests
in a single review)

2. Peer Review Physician Review - $235
plus nurse charge
Pharmacy Review - $385
plus nurse charge

3. Field Case Manager $108 per hour +
incidentals (including
mileage, phone, tolls,
parking, etc.)

4. Telephonic Case
Manager
$102 per hour

5. Manager N/A
Vendor Fees 1. Legal Fees Pass through of actual
charges

2. Expert Fees Pass through of actual
charges

3. Investigation Fees Field Investigation $88 per
hour
SIU related work $98 per
hour if LWP vendor used

4. Other Fees Subrogation negotiated by
LWP staff - 15% of gross
recovery.

Lien negotiated by LWP
staff - 15% of reduction.

Administration Fees 1. Annual $2,500

2. Other
System Fees 1. System Access No charge up to 4 users -
additional uses $250 per
year

2. Data Transfer $8,500

3. Conversion Fees Included
29 Pricing Sheet - City of San Clemente RFP WC TPA
Medical Provider Network Provider Name /
Number of Providers
in City Area (no
greater than 25 miles
out of City)
LWP Platinum MPN /
Signature Networks Plus
LWP Platinum MPNcustombuilt and managed
by Signature Networks
Plus. 1207 providers wthin
25 miles of City (includes
specialists, acute care
hospitals, occupational
clinics, urgent care
facilities and all specialsts)
Annual Costs None
Excluded Costs List All Excluded Costs Outgoing ACH Bank Debit if utilized
Termination Terms of Cancellation Per agreement
Cancellation Fees None
File Transfer None

1. Medical Only $150 per claim reported -
one time charge

2. Indemnity $400 month reported and
$150 per month each
subsequent month claim
remains open

3. Monthly Rate
End of Contract
Claims Handling Fees
30 Pricing Sheet - City of San Clemente RFP WC TPA
Description Type
Medical Only
Indemnity
Take Over Claims
Medical Only
Indemnity
1st Year
2nd Year
3rd Year
4th Year
5th Year
Other
1st Year
2nd Year
3rd Year
4th Year
5th Year
Other

1. PPO Discounts

2. Fee Schedule

3. Pass Through Bills

4. Bill Check

5. Other

1. State Mandated

2. Peer Review

3. Field Case Manager

4. Telephonic Case

5. Manager

1. Legal Fees

2. Expert Fees

3. Investigation Fees

4. Other Fees

1. Annual

2. Other

1. System Access

2. Data Transfer

3. Conversion Fees
Provider Name /
Number of
Providers in City
Area (no greater
Annual Costs
Excluded Costs List All Excluded
Terms of
Cancellation Fees
File Transfer

1. Medical Only

2. Indemnity
None
Termination Per the City's Contract/Agreement
Per the City's Contract/Agreement
Per the City's Contract/Agreement
End of Contract
Claims Handling
Fees
See above per claim basis/flat fee rate
See above per claim basis/flat fee rate

3. Monthly Rate See above per claim basis/flat fee rate Medical Provider Network The City does not currently utilize a MPN. Should the City decide to in the future, all MPN costs/fees will be at-cost.

Not applicable
Additional Charges Bill Review Up to 27% of savings
$15 flat fee
$15 flat fee
$15 flat fee
.75 cents per ebill/ocr when applicable
Utilization Review Max. $750 per total charge
Administration
Fees
See above per claim basis/flat fee rate
See above per claim basis/flat fee rate
System Fees Read-only is no additional fee
Not applicable
Not applicable
Min. $300 per hour
City's choice of vendor; at-cost
City's choice of vendor; at-cost
Not applicable
Vendor Fees City's choice of vendor, at-cost
City's choice of vendor, at-cost
City's choice of vendor, at-cost
All vendors are city-chosen
Per Examiner / Position
Rate
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
ATTACHMENT 4
Fees & Options
Per Claim Basis $115 per open claim per month - year 1
$115 per open claim per month - year 1
Not applicable
Not applicable
Not applicable
Flat Fee Rate $115 per open claim per month
$119 per open claim per month
$123 per open claim per month
$127 per open claim per month
$131 per open claim per month
3% minimum increase for all future years
31 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: September 14, 2023 Agenda Item: 7J
Department: Public Works
Prepared By Amir K. Ilkhanipour, Principal Civil Engineer Subject:

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO

INSITUFORM TECHNOLOGIES, LLC FOR SEWER LINE POINT REPAIRS AND LINING (CIPP), CIP PROJECT NO. 28206; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT IN AN AMOUNT NOT TO EXCEED $307,595; AND APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $126,000 FROM THE SEWER

FUND DEPRECIATION RESERVE
Fiscal Impact:

Yes. The estimated construction cost of $360,595 is over the current available funding of $235,800; therefore, a supplemental appropriation in the amount of $125,000 is recommended from the Sewer Fund Deprecation Reserve to Account No. 054-476-43420-000-28206, Sewer System Lining.

This CIP Project and funding provides for anticipated needed sewer Cured-in-Place Pipe (CIPP) lining throughout the fiscal year. Should any additional needs come up during the remainder of the fiscal year, staff will come back to the City Council to request an additional supplemental appropriation.

Summary:

As part of routine sewer and storm drain Closed Circuit TV (CCTV) inspection by Utilities’ staff, a number of sewer gravity mains were identified that are in need of repairs, as shown on the Location Map (Attachment 1). The sizing of these gravity mains range from 8 to 18 inches in diameter.

Before the City Council is the approval of a construction contact with Insituform Technologies, LLC for the Sewer Line Point Repairs and Lining (CIPP), in an amount of not to exceed $307,595, plus a 10% project contingency of $31,000, for rehabilitating these sewer mains, together with a supplemental appropriation in the amount of $125,000 from the Sewer Fund Deprecation Reserve to Account No. 054-476-43420-000-28206, Sewer System Lining, to fund these repairs.

Background:

Based on the Utilities Collections staff’s CCTV inspections, it was determined that these sewer line repairs could most likely be expeditiously be done by utilizing the Cured-in-Place Pipe (CIPP) rehabilitation method for both repair of segments needing a more broad repair as well as for the three segments needing specific point repairs as opposed to an open trench excavation. If open excavations are not needed, the project cost will be reduced to the base bid amount as shown below.
1 Meeting Date: September 14, 2023 Agenda Item: 7J

CITY OF SAN CLEMENTE
Staff prepared a bid package, notified local contractors and advertised the project for competitive bidding on the PlanetBids website. Two bids were received on August 30, 2023, ranging from $307,595 to $395,430, including the open trench alternative bid items. The lowest responsive and responsible bidder was from Insituform Technologies, LLC, of Santa Fe Springs, in the amount of $307,595. While local contractors were notified of the bid advertising, no local contractors submitted any bids.

BIDDER BASE BID
AMOUNT
BASE BID +

ALTERNATES
1 Insituform Technologies, LLC $242,692 $307,595
2 Sancon Technologies, Inc. $244,930 $395,430
Based on the low base bid and alternate bid item (consisting of open trench point excavation repair) the estimated construction cost for this project is as follows:

Construction Administration, Management & Inspection: $ 22,000 Construction Contract: 307,595
Contingency (10%): 31,000
Total Estimated Construction Cost: $ 360,595
As required by the 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.

Council Options:
 Adopt Resolution No. 23-99, awarding the contract for sewer line point repairs and lining to Insituform Technologies, LLC, authorizing the City Manager to execute a construction contract in an amount not to exceed $307,595, approving a 10% project contingency of $31,000, and making a supplemental appropriation of $126,000 from the Sewer Fund Deprecation Reserve to Account No. 054-476-43420-000-28206, Sewer System Lining.  Modify and adopt Resolution No. 23-99.
 Continue the item and direct staff to provide additional information.

Environmental Review/Analysis:

This project is categorically exempt from the California Environmental Quality Act (CEQA) as it pertains to repair of already existing sewage facilities under Class 1 of the state CEQA Guidelines, Section 15301 – Existing Facilities. A notice of exemption has been filed with the County of Orange Recorder’s Office on August 31, 2023 for this project. (See attachment 4.) Recommended Actions:

Staff Recommendation
Staff recommends that the City Council adopt Resolution No. 23-99, which will:
2 11
Meeting Date: September 14, 2023 Agenda Item: 7J

CITY OF SAN CLEMENTE

1. Approve a supplemental appropriation in the amount of $126,000 from the Sewer Fund Depreciation Reserve to Account No. 054-476-43420-000-28206;

2. Award the Sewer Line Point Repairs and Lining (CIPP), CIP Project No. 28206, construction contract to Insituform Technologies, LLC as the lowest responsible and responsive bidder;

3. Authorize the City Manager to execute a construction contract with Insituform Technologies, LLC in an amount not to exceed $307,595, in a form substantially similar to Contract No.

C23-53 (Attachment 3); and

4. Approve a 10% project contingency of $31,000.
..end
Attachment:

1. Location Map

2. Resolution 23-99

3. Draft Contract

4. Notice of Exemption
Notification:

All bidders.
3 VIA

HIDALGO

CLE VALLARTA

CLE FRONTERA

AVE VISTA HERMOSA

CAM DE LOS MARES

VIA SAN ANDREAS CLE VALLARTA

CLE FRONTERA

CLE EMBOCADURA CLE AMABLE CLE DULCE CLE CONTENTA CLE BRISA

CLE GANADERO CLE FIERROS

CLE CUMBRE

VIA TUNAS

CLE VICENTE CLE CANASTA

VIA SOCORRO

EBB TIDE DR

BREAKER DR

PALM DR SEA BREEZE DR

BEACH DR CAM

CLE TINAJA VIA SENDA

VIA CHALUPA CLE BURRO

CLE CUADRA

VIA ARBOLEDA

VIA MONTECITO VIA SANTO TOMAS

VIA VISTOSA

VIA CASA LOMA

AVE VAQUERO

VIA VERBENA

VIA MONTEZUMA AVE VAQUERO VIA MONTEGO VIA BANDITA VIA LADO

VIA MONTECITO

CLE VISTA TORITO VIA MONTEGO

VIA ALEGRE

CLE BARANDA CLE GAUCHO CLE DESCANSO

CLE JUAREZ

CLE MACHO

SORPRESO

CLE FRONTERA CLE LUEGO

CLE AMIGO

AVE MAREJADA CLE BALANDRA

CAM FARO

CAM GALEON

CAM ANCLA

CLE PAISANO

CLE CHUECA VIA CHUECA

CLE REATA CLE GUADALAJARA

CLE CORRAL

MONTE VIS

DEL GADO RD

VIA CASCADITA

VIA BREVE

SANDY DR

SHELL DR

SURF DR
BAY DR

PACIFIC DR

BEACH RD

AVE VAQUERO
A. T. & S. F. R. R.

PACIFIC COAST HWY

CLE GRANDE VIS

VISTA DE DONS

VIA SAN GORGONIO VIA SAN JACINTO

CAM ALONDRA
VIENTO

LA VENTANA

VIA CORBINA

CLE QUIETO

CLE GRANDE VIS

VISTA DE TODO

CLE CAMPANA

VIA BALLENA

CLE GUADALAJARA
PASEO

LC E ARCO
CLE

SAN CLEMENTE
CAM. BUCANERO CORTE CALAMAR

VIA MERLUZA

VIABARRACUDA

CORTE MERLANGO

VIA MERLUZA

CLE LOBINA
VIA
CAM.

CAPISTRANO

SAN DIEGO FREEWAY

AVE VAQUERO

CLE JUAREZ

VIA ANDA

MARBLEHEAD COASTAL

SAN DIEGO FREEWAY
Sewer Line Point Repairs
and Lining (CIPP) Near M01

PROJECT

LOCATIONS
PN 28206
Attachment 1

NOT TO SCALE
4 910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316
ATTACHMENT 2
4882-9904-3949 v1
RESOLUTION NO. 23-99

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT TO INSITUFORM

TECHNOLOGIES, LLC FOR THE SEWER LINE POINT
REPAIRS AND LINING (CIPP), CIP PROJECT NO. 28206;

AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT IN AN AMOUNT NOT TO EXCEED $307,595;

AND APPROVING A SUPPLEMENTAL APPROPRIATION IN
THE AMOUNT OF $126,000 FROM THE SEWER
DEPRECIATION RESERVE FUND TO ACCOUNT NO. 054-
476-43420-000-28206, SEWER SYSTEM LINING
WHEREAS, City staff conducted routine Closed Circuit TV (CCTV) inspections on a number of sewer gravity mains; and
WHEREAS, based on a Closed Circuit TV (CCTV) inspection at various locations, it was found that multiple sewer gravity mains were in need of repair and rehabilitation; and
WHEREAS, it was determined that these sewer line repairs could most likely be expeditiously be done by utilizing the Cured-in-Place Pipe (CIPP) rehabilitation method for both repair of segments needing a more broad repair as well as for the three segments needing specific point repairs as opposed to an open trench excavation; and WHEREAS, staff determined that the work was categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities - 14 CCR §15301), Section 15301 of the State CEQA Guidelines and filed a Notice of Exemption with the County of Orange Recorder’s Office on August 31, 2023 for this project; and WHEREAS, on August 30, 2023, staff received two responsive bids from Insituform Technologies, LLC and Sancon Technologies, Inc. in the amounts of $307,595 and $395,430 respectively for the repair of the subject sewer gravity mains via CIPP liner or should the need arise, an open trench excavation alternative.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

SECTION 1. That the above recitations are true and correct and incorporated herein.

SECTION 2. That the construction contract for the Sewer Line Point Repairs and Lining (CIPP), CIP Project No. 28206, is hereby awarded to Insituform Technologies, LLC as the lowest responsive and responsible bidder.

SECTION 3. That the City Manager is authorized and directed to execute a construction contract with Insituform Technologies, LLC in an amount not to exceed 5 Resolution No. 23-99 Page 2
4882-9904-3949 v1
$307,595 for CIP Project No. 28206 in a form substantially as presented to City Council on September 14, 2023.

SECTION 4. That a 10% project contingency of $31,000 for CIP Project No. 28206 is hereby approved.

SECTION 5. That a supplemental appropriation in the amount of $126,000 from the Sewer Depreciation Reserve Fund to Account No. 054-476-43420-000-28206, Sewer System Lining is hereby approved.

SECTION 6. That 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 ____________________, 2023.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
6 Resolution No. 23-99 Page 3
4882-9904-3949 v1

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-99 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:
___________________________
Elizabeth A. Mitchell, City Attorney
7 SECTION 00500

CONTRACT
THIS CONTRACT is made this _____ day of _________, 2023, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and Insituform Technologies, LLC, a Delaware limited liability company, 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:

Sewer Line Point Repairs and Lining (CIPP), CIP PROJECT NO. 28206 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 Fifteen (15) 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 according to the prices set forth in Contractor’s bid with a guaranteed maximum price not to exceed the sum of Three Hundred Seven Thousand Five Hundred Ninety Five Dollars ($307,595). 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 $800 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

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

Notice Inviting Bids
Instructions to Bidders
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation 8 ATTACHMENT 3
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 City Clerk’s Office or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

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:________________________________
Andy Hall, City Manager
ATTEST:
______________________________ Dated: ____________________, 2023 CITY CLERK of the City of
San Clemente, California
9 APPROVED AS TO FORM:
____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization
Insituform Technologies, LLC, a
Delaware limited liability
company
(“CONTRACTOR”)
By:_____________________________
Its:_____________________________
Dated: __________________, 2023
By:_____________________________
Its:_____________________________
Dated: __________________, 20____

END OF CONTRACT
10 Attachment 4
11 Notice of Exemption Form D
To: Office of Planning and Research
P.O. Box 3044, Room 212
Sacramento, CA 95812-3044
From: (Public Agency) City of San Clemente (Amir llkhanipour) Public Works/Engr. Divsion, 910 Calle Negocio
San Clemente, CA 92673
County Clerk (Address)
County of ____________ _
Project Title: Sewer Line Point Repairs and Lining (CIPP) Project Location - Specific:

Intersection of Calle Vallarta & Avenida Vaquero
2901 Calle Frontera, San Clemente CA 92673
Intersection of Camino Capislrano & North El Camino Real Project Location - City: San Clemente ----------- Description of Nature, Purpose and Benefic iaries of Project:

Project Location - County: Orange
Work consists of using CIPP technology and methods to rehabilitate specific point locations and entire segments of damaged 8", 15" and 18" sewer gravity mains at the project locations without damaging or disrupting the existing roadways.

The larger of these gravity mains are important sewer trunk lines and must be properly and regularly maintained.

Name of Public Agency Approving Project: City of San Clemente Name of Person or Agency Carrying Out Project: City of San Clemente Exempt Status: (check one)
0 Mini terial (Sec. 21080(b)(l); 15268);
0 Declared Emergency (Sec. 21080(b)(3); 15269(a));
0 Emergency Project (Sec. 21080(b)(4); 15269{b)(c));
IKJ Categorical Exemption. State type and section number: Section 15301, Class 1 --------------------- □ Statutory Exemptions. State code number:
---------- ----------------
Reasons why project is exempt:

Consistent with Section 15301, the project will repair and rehabilitate the existing sewerage facilities at the above locations
Lead Agency
Contact Person: Christopher Wright
If filed by applicant:

Area Code/Telephone/Extension: (949) 361-6193
l. Attach certified document of exem tion finding.

2. 28
D Signed by Lead Agency
D Signed by Applicant
agency approving the project? [Kl Yes D No
Date: ~ \ 3.C l z..o-i._..3ritle: Associate Planner II
Date received for filing at OPR: __________ _
Revised 2005
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: September 14, 2023 Agenda Item: 7K
Department: Finance & Administrative Services
Prepared By Jake Rahn, Financial Services Officer
Dave Rebensdorf, Utilities Director
Subject:

CONSIDERATION OF A RESOLUTION APPROVING FLEET REPLACEMENT FOR COMBINATION JET/VAC SEWER CLEANING UNIT 1134 AND AUTHORIZING A

SUPPLEMENTAL APPROPRIATION
Fiscal Impact:

Yes. The total cost for the purchase of a new MC1510-3S3S Combination Jet/Vac Sewer Cleaning Unit per specifications provided by the Utilities Department is $703,380. A supplemental appropriation in the amount of $703,380 to the Fleet Automotive Account #065- 824-45600 from the Fleet Replacement Fund balance is necessary to fund this purchase in FY 2024 with the anticipated outlay and delivery to occur in FY 2025.

Summary:

The Resolution before the Council would appropriate the funds and approve the purchase of a 2024 MC1510-3S3S Combination Jet/Vac Sewer Cleaning Unit from Plumbers Depot Inc. to replace Unit 1134, which is approaching the end of its useful life.

Background:

Vehicles purchased by the City are assigned useful lives between 3 and 15 years, based on industry standards and historical information collected by the Fleet Maintenance operations group. Each vehicle is then charged a “replacement” amount, based on the purchase price of the vehicle, expected useful life, and an inflation factor for vehicle price increases. The replacement funds accumulated in the Fleet Replacement Reserve total $520,200 and a transfer for the difference of $183,180 will be requested in the FY 2025 sewer budget (non-General Fund) to replenish the funds when the capital outlay happens.

As vehicles approach the end of their useful life, a vehicle’s mileage, service hours, and condition are reviewed before a determination is made to replace the vehicle. Based on usage, repairs, and the critical need to have a replacement this vehicle will be ordered.

The truck mounted combination sewer-cleaning unit is utilized to clean and vacuum debris from sewer/stormwater lines and stormwater catch basins infrastructures throughout the City. Unit 1134 will reach its useful life in FY 2025, but due to supply chain concerns and order backlogs, vendors are estimating between 365-425 days for delivery of new units. Staff is requesting to order the replacement now to ensure the availability at the end of the current unit’s useful life next fiscal year and in line with the completion of its useful life due to the long lead/build timeframe and critical nature of vactor units to sewer operations.
1 Meeting Date: September 14, 2023 Agenda Item: 7K

CITY OF SAN CLEMENTE
Staff advertised a Request for Bids on Planet Bid and received two responses. Haaker Equipment for $661,764 and Plumbers Depot for $703,377. Neither of the companies are local bidders and staff is not aware of any local companies that can provide the replacement unit. Staff evaluated the aggregate cost of the equipment during its service life, factoring in price, quality and auxiliary costs for continued operation and service. Plumbers Depot’s bid meets these metrics with a higher quality-built product with a stainless steel tank that does not require coating maintenance or replacement and offering a free loaner program in the event of equipment breakdown for the life of the equipment (savings of approximately $20,000 per month for a rental). City Council approval will allow the City Manager to fund and approve the purchase of a new combination sewer-cleaning truck from Plumbers Depot, Inc.

Council Options:
 Adopt Resolution 23-100, which will authorize the purchase of a Combination Jet/Vac Sewer Cleaning Unit and make a supplemental appropriation of $703,380 to the Fleet Automotive Account #065-824-45600 from the Fleet Replacement Fund balance to fund the purchase.  Modify and adopt Resolution 23-100.
 Continue the Item and direct staff to provide additional information.  Deny the request to purchase a Combination Jet/Vac Sewer Cleaning Unit.

Environmental Review/Analysis:

This is not a “project” under the California Environmental Quality Act.

Recommended Actions:

Staff recommends that City Council adopt Resolution 23-100, which would:

1. Authorize the City Manager to execute the purchase of a 2024 MC1510-3S3S Combination Jet/Vac Sewer Cleaning Unit from Plumbers Depot, Inc. for the replacement of the fleet vehicle number 1134 in the amount of $703,380; and

2. Authorize a supplemental appropriation in the amount of $703,380 to the Fleet Automotive Account #065-824-45600 from the Fleet Replacement Fund balance. ..end
Attachment:

1. Resolution 23-100

2. Plumbers Depot, Inc. Bid

3. Haaker Bid
Notification:

All bidders.
2 Attachment 1
RESOLUTION NO. 23-100

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO PURCHASE A COMBINATION JET/VACTOR
CLEANING UNIT FROM PLUMBERS DEPOT, INC. IN THE
AMOUNT OF $730,377 AND APPROVING A

SUPPLEMENTAL APPROPRIATION RELATED THERETO
WHEREAS, the City regularly uses a Combination Jet/Vactor Sewer Cleaning Unit to clean and vacuum debris from sewer and stormwater infrastructure; and WHEREAS, the existing unit is nearing the end of its useful life and is due for replacement; and
WHEREAS, the City sought bids for a replacement unit based on identified specifications and received proposals from two companies with slight different units and terms being offered; and
WHEREAS, Plumbers Depot, Inc.’s proposal with a bid amount of $730,377 for a new unit to replace the existing unit best meets the City’s needs and is the lowest responsive and responsible bidder considering long term maintenance and other factors.

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

Section 1. That the above recitals are true and correct and incorporated herein as findings.

Section 2. That the City Manager is authorized and directed to execute such documents and take such actions as are necessary and proper to purchase the replacement Combination Jet/Vactor Sewer Cleaning Unit from Plumbers Depot, Inc. for an amount not to exceed $730,377.

Section 3. That a supplemental appropriation in the amount of $703,380 to the Fleet Automotive Account #065-824-45600 from the Fleet Replacement Fund balance 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 ____________________, 2023. 3 Resolution No. 23-100 Page 2
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-100 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:
___________________________
Elizabeth A. Mitchell, City Attorney
4 PREPARED BY
Plumber's Depot
Mike Martin

PREPARED FOR
QUOTE
City of San Clemente
UPDATED:
7/19/2023

QUOTE ID
23260
QUOTE
Plumbers Depot Inc
Attachment 2
5 QUOTE ID: 23260

ALPHA OPTION DESCRIPTION NOTES QTY

CHA CHASSIS OPTIONS --
CHA001 WESTERN STAR 47X-SF (6 X 4) - 455 HP - 66,000 LB. GVWR - AUTO MODEL YEAR 2024 1 CUMMINS X12 RATED FOR 455 HP CONSULT FACTORY --
ALLISON 6 SPEED AUTOMATIC PRICES MAY VARY --
22,000 LB FRONT AXLE --
46,000 LB REAR AXLE --
WHITE CAB COLOR 1
CURRENT CARB EMISSIONS, CALIFORNIA (50-STATE APPROVED EMISSIONS) 1

A DEBRIS BODY OPTIONS --
STD 10 USABLE YARD DEBRIS TANK MADE OF 3/16'' ASTM A-572 GRADE 50 EXTEN STEEL STANDARD

STD FULL-OPENING REAR TAILGATE STANDARD

STD STAINLESS STEEL TAILGATE SEALING ROD STANDARD

STD FOUR HYDRAULIC REAR DOOR LOCKS STANDARD

STD DUAL TAILGATE LIFT CYLINDERS STANDARD
STD FRONT MOUNTED HOIST CYLINDER, POWER UP AND DOWN, 55,000 LB CAPACITY STANDARD

STD THREE TIE-OFF ANCHORS ON TOP OF BODY STANDARD

STD FIVE YEAR WARRANTY ON DEBRIS TANK AGAINST RUST THROUGH, DISTORTION AND

CRACKS STANDARD
STD THREE TIE-OFF ANCHORS ON TOP OF THE BODY 6' APART STANDARD A1B STAINLESS DEBRIS BODY FLUSH OUT SYSTEM 1
A2A DRAIN AT BOTTOM OF TAILGATE - 6" BRASS LEVER VALVE WITH 15' OF LAYFLAT HOSE VALVE IS NOT 100% LEAK PROOF 1 A3-CS FLOAT TYPE LIQUID LEVEL INDICATOR ON SIDE OF DEBRIS TANK 1 A12A FILTER SCREEN FOR DRAIN VALVE (LONG BOX) REQUIRES A2 1 A17 UPGRADE TO STAINLESS STEEL DEBRIS TANK 1
A21 CURBSIDE LADDER TO PORT INSPECTION AREA 1
A21B ADD FOLDING LADDER EXTENSION REQUIRES A21 1
A22A GALVANIZED BOLT ON TAILGATE SPLASH SHIELDS 1
A34B UPGRADE DEBRIS BODY BAFFLE TO STAINLESS STEEL 1
A37A UPGRADE BODY INLET CANNON TO 12" HX STYLE WITH 3" CLEANOUT 1 A39 LONG POLE HOLDER TO ACCOMMODATE (3) 12' CLAM DIGGERS 1 A44 PNEUMATIC TAILGATE PROP (IN ADDITION TO STANDARD TAILGATE PROP ROD) 1

B WATER TANK OPTIONS --
STD 1500 GALLON WATER TANK MADE OF 3/16'' 304 STAINLESS STEEL STANDARD 2024 MC1510-3S3S COMBINATION JET/VAC
August 3, 2023
NOTE: THE GAPVAX MC UNIT MAY EXCEED FEDERAL BRIDGE ALLOWABLE WEIGHTS WHEN LOADED WITH WATER, OR DEBRIS, AND/OR BOTH WATER AND DEBRIS COMBINED. PLEASE CONSULT FACTORY. 6 STD 4" HIGH ANTI-SIPHON RING WITH (4) 2-1/2" HOLES STANDARD

STD WATER TANK LEVEL SIGHT TUBE ON CURBSIDE STANDARD

STD DRAIN VALVE AT BOTTOM OF WATER TANK STANDARD
STD 3" FILL LINE WITH 2-1/2" FIRE HOSE CONNECTION CURBSIDE STANDARD STD 3" WATER STRAINER WITH STAINLESS STEEL SCREEN ON WATER TANK FILL LINE STANDARD STD 3" SUPPLY LINE TO WATER PUMP MOUNTED AT REAR HINGE PIN STANDARD

STD FIVE YEAR WARRANTY ON WATER TANK AGAINST RUST THROUGH, DISTORTION AND

CRACKS STANDARD
B6 EXTRA SIGHT TUBE ON DRIVER'S SIDE 1
B10 ADDITIONAL 3" FILTER BETWEEN WATER TANK AND PUMP (3" Y-STRAINER) 1 B20 UPGRADE MANWAY, ANTI-SIPHON, AND WELD IN FITTINGS TO STAINLESS STEEL 1 B23B STAINLESS BAFFLES IN THE WATER TANK 1
B25 INSTALL CUSTOMER SUPPLIED WATER METER CONSULT ENGINEERING 1 B30 UPGRADE TO BUTTERFLY VALVE IN 3" SUPPLY LINE STANDARD

C VACUUM SYSTEM OPTIONS --
STD TRUE 8" DIAMETER VACUUM SYSTEM STANDARD

STD VACUUM PUMP DRIVEN VIA MID-SHIP MOUNTED SPLIT SHAFT TRANSFER CASE

GEARBOX (PTO) STANDARD

STD NOISE & VIBRATION DAMPENING MOUNTS ON VACUUM PUMP AND TRANSFER CASE STANDARD

STD NOISE ATTENUATED VACUUM PUMP DISCHARGE SILENCER WITH RAIN CAP AND DRAIN STANDARD STD 24" CENTRIFUGAL CYCLONE SEPARATOR WITH 20" CHAMBER STANDARD

STD DUAL STAINLESS STEEL SHUTOFF FLOAT BALLS MOUNTED AT THE REAR OF DEBRIS

TANK STANDARD

STD STAINLESS STEEL VEE-WIRE SAFETY SCREEN STANDARD
STD 6" SAFETY VACUUM RELIEF STANDARD

STD PANIC SWITCH FUNCTION FOR VACUUM STANDARD
C8 UPGRADE TO ROOTS TYPE VACUUM PUMP 4,500 CFM AND 18" HG (4) 18" Hg VACUUM RELIEF VALVES 1 C19 UPGRADE TO XL TRANSFER CASE 9-LITER ENGINE = UP TO 5300 CFM, REQUIRES OPTION C8 1

D WATER SYSTEM OPTIONS --

STD TRI-PLEX WATER PUMP SYSTEM STANDARD
STD 800 PSI WASHDOWN CIRCUIT WITH 50' X 1/2" HOSE STANDARD

STD AIR PURGE SYSTEM FOR PRIMARY CIRCUIT STANDARD

STD LOW POINT DRAIN VALVES ON WATER LINES STANDARD
STD SET WASHDOWN CIRCUIT TO FULL WORKING PRESSURE OPTION D4 IS RECOMMENDED 1 D3B GENERAL MKS "2" SERIES WATER PUMP RATED AT 80 GPM @ 2500 PSI REQUIRES G2 OPERATING SYSTEM 1

D-GPVC VULKAN VIBRATION DAMPENING COUPLER - WATER PUMP REQUIRED D27A 10 GPM / 2,500 PSI HYDRAULICALLY DRIVEN PUMP (COMMON WITH BODY HYDRAULIC

SYSTEM)
REQUIRES OPTION J303
HYDRAULIC OIL COOLER 1
D4 UPGRADE TO URACA MULTIFLOW VALVE - SET WASHDOWN CIRCUIT TO FULL PRESSURE FOR HANDGUN APPLICATIONS 1
D7A 50' X 1/2" HAND GUN REEL FOR WASHDOWN CIRCUIT 1
D4-HX+RAVPNEUMATICALLY OPERATED HX WATER PRESSURE RELIEF VALVE WITH ACTUATED HOSE REEL VALVE (P/N: VAL022790) (G2B)
REQUIRED FOR HX (REPLACES 3-
WAY VALVE) 1
D25B 100' X 1/2" HAND GUN REEL FOR HX SYSTEM 1
D35B 1/2" HX LANCE WITH 6' EXTENSION AND RIPSAW NOZZLE 1 7 E BOOM OPTIONS --
STD 8" FRONT MOUNTED TELESCOPING BOOM WITH 26' REACH AND 180 DEG. ROTATION STANDARD STD 180 DEGREE POWER ROTATION VIA WORM DRIVE STANDARD
STD DUAL 4" LIFT CYLINDERS STANDARD

STD CAB PROTECTION RACK STANDARD
E6 REMOTE LUBE FOR BOOM LIFT AND ROTATION 1
E7 3/16" HEAVY DUTY BOOM ELBOW WITH 6" FORMED CHANNEL RADIUS 1

F HOSE REEL OPTIONS --
STD FRONT FRAME MOUNTED HOSE REEL WITH 180 DEGREE ARTICULATION STANDARD STD HOSE REEL RATED FOR 800' OF HOSE AND 3,000 PSI STANDARD

STD EXTERIOR HOSE EXPANSION RIBS STANDARD
F1C DIGITAL FOOTAGE COUNTER - SHAFT-MOUNTED 1
F6 UPGRADE FRONT HOSE REEL TO POWER ARTICULATE VIA HYDRAULICS 1 F11 AUTOMATIC HOSE LEVEL WINDER (INCLUDES "J-HOOK" STLYE HOSE GUIDE) 1 F16A DOUBLE ROLLER UPGRADE ON AUTO LEVEL WIND 1

G CONTROLS, GUAGES, ACCESSORIES OPTIONS --

STD CAB-MOUNTED AIR SHIFT CONTROLS FOR BLOWER, HYDRAULICS, AND WATER PUMP STANDARD

STD CONTROL PANEL MOUNTED AT FRONT HOSE REEL STANDARD

STD OPERATOR CONTROL PANEL INCLUDES GUAGES FOR ENGINE, HYDRAULICS, VACUUM,

AND WATER PUMP STANDARD

STD PANIC SWITCH TO RELIEVE WATER PRESSURE AND VACUUM STANDARD G2B G2B CONTROL SYSTEM WITH DM430 DISPLAY INCLUDES: WIRELESS NOT INCLUDED, SELECT OPTION G19 OR G21 1
LOW WATER SHUTDOWN PROTECTION 1
HIGH WATER TEMPERATURE SHUTDOWN PROTECTION 1
ENGINE OVERSPEED PROTECTION 1
ON-SCREEN DIAGNOSTICS FOR WATER, PTO AND ENGINE LEVELS 1 G2B/E-CS

ADD CURBSIDE BOX WITH PANIC SWITCH (INCLUDES SWITCHPACK CONTROLS FOR DUMP CONTROLS, HX, or BODY WASHOUT ONLY IF APPLICABLE OPTIONS ARE

SELECTED)
REQUIRED WITH HX PACKAGE 1
G4A HIGH DEBRIS LEVEL LIGHT & ALARM WIRED TO VACUUM RELIEF REQUIRES A3 1 G16 BOOM UP LIGHT 1
G21A WIRELESS REMOTE WITH BOOM, VACUUM AND FRONT HOSE REEL WATER ON/OFF 1 G21-TD UPGRADE TO AARCOMM TRIDENT REMOTE REQUIRES OPTION G21 1 G21-AWR ADDITIONAL WIRELESS TRANSMITTER REQUIRES OPTION G19 OR G21 1

H LIGHTING --

STD TRUCK-LITE LED RUNNING (MARKER) LIGHTS STANDARD

STD LED STOP/TAIL/TURN LIGHT WITH POLISHED STAINLESS STEEL BOXES STANDARD H5C (2) BOOM WORK LIGHTS - HIGH INTENSITY HELLA PB1500 LED WORK LIGHTS (PN:

LHT022406)

POWER BEAM / SPOT LIGHT
(RATED 1300 LUMEN EACH) 1
H6B (2) REAR WORK LIGHTS - HELLA LED WORK LIGHTS (PN: LHT022429) 1 H7BC (4) SIDE WORK LIGHTS - HELLA LED WORK LIGHTS (PN: LHT022429) (2 PER SIDE) 1 H15B WHELEN ION SUPER LED FLASHERS - 12 LIGHT HEADS 1
2 ON EACH SIDE FRONT @ 90 DEGREES, 2 ON EACH SIDE MIDDLE @ 45 DEGREES, 2 ON EACH SIDE REAR (1 @ 45 DEGREES) 1
8 H40 REAR ARROW - LED - WHELEN TRAFFIC ADVISOR MODEL TA166AL5 (36" X 72") CONSULT ENGINEERING (LHT022419) 1
H39B TWO HIGH INTENSITY LED WORK LIGHTS (HELLA PB1500) ON FRONT HOSE REEL TO SHINE INTO MANHOLE 1

I STORAGE OPTIONS --
STD 25' FIRE HOSE BASKET STANDARD
STD TWO (2) GALVANIZED STEEL TUBE TRAYS STANDARD
I6C-DS ALUMINUM, 30" WIDE X 24" TALL X 24" DEEP, MOUNTED ON THE DRIVER'S SIDE 1 I9B 48" TOOL BOX - ALUMINUM, 48" WIDE X 24" TALL X 24" DEEP, MOUNTED ON THE CURBSIDE 1
I25B TUNNEL TOOLBOX - ALUMINUM, 30" HIGH X 24" WIDE X 50" DEEP CONSULT ENGINEERING 1 I14 TRAFFIC CONE HOLDER ON DRIVER'S SIDE 2
I14C TRAFFIC CONE HOLDER ON CURBSIDE 1
I16A WHEEL CHOCK HOLDER (PER SIDE) - DRIVER'S SIDE 1
I16B WHEEL CHOCK HOLDER (PER SIDE) - CURBSIDE 1
I17A NOZZLE RACK - SIX (6) NOZZLES, 1" 1
I20A REAR DRAIN HOSE RACK FOR 6" LAYFLAT HOSE X 15' LONG 1 I26B TWO BUMPER TOOL BOXES - ALUMINUM, 16" HIGH X 12" WIDE X 18" DEEP WITH FOLD DOWN DOOR 1

J CHASSIS OPTIONS --

STD DOT LIGHTING / FENDERS / MUD FLAPS / TAILGATE SAFETY PROP, ICC LIGHTS STANDARD

STD REMOTE ACTUATED BODY SAFETY PROP STANDARD
STD 70 GALLONS AW-46 HYDRAULIC OIL, LEVEL/TEMPERATURE GAUGE, SHUTOFF ON

SUCTION STANDARD

STD REAR BUMPER, TRIANGLE KIT, FIRE EXTINGUISHER, BACKUP ALARM STANDARD STD ALLISON 10-BOLT PTO UPGRADE STANDARD
J000 MID-SHIP MOUNTED (SPLIT-SHAFT) TRANSFER CASE WITH TOP DISCONNECT 1 J001 MUST BE "OMSI" BRAND TRANSFER CASE 1
J0B FRONT BUMPER - CALIFORNA FRONT BUMPER 1
J3 TOW HOOKS FRONT 1
J4B TOW HOOKS REAR - FRAME MOUNTED 1
J12 METAL MUD FLAPS IN FRONT OF REAR TIRES 1
J303 ADD HYDRAULIC OIL COOLER TO CIRCUIT 1

K PAINT OPTIONS --

STD PAINTED WITH PPG URETHANE PAINT STANDARD

STD PAINT BODY WHITE STANDARD

STD PAINT FRAME AND PARTS BLACK STANDARD

STD PAINT HOSE REEL AND BOOM BLACK STANDARD

STD FLEET FINISH STANDARD

M MISCELLANEOUS OPTIONS --
STD 25 FEET OF VACUUM TUBING (5) AND CLAMPS STANDARD

STD TIGER TAIL HOSE GUIDE STANDARD

STD TWO BLUE STAR SEWER CLEANING NOZZLES STANDARD
M3 FILL HOSE 25' X 2 1/2" 1
M5A LEADER HOSE 20' X 1" 1
M9H 1" PIRANHA SEWER HOSE - 3,000 PSI X 800 FT PLASTIC (BLUE) (PN: CAT022382) 1 9 M29B TWO CAMERA - BACK-UP CAMERA SYSTEM WITH 7" COLOR MONITOR (RV-505A), INCLUDES DVR-916 REAR AND DVR-921 FRONT CAMERA 1
M36 HEAVY DUTY ALUMINUM HX TUBE, 8" X 6' X 0.090" WALL WITH PRESSED IN STEEL ENDS AND SOFT TIP END 1
* CUSTOM OPTIONS --
** MATERIALS SURCHARGE (EFFECTIVE MAY 1, 2022) 1
*** STAINLESS STEEL DEBRIS BODY UPGRADE MATERIALS SURCHARGE (EFFECTIVE MAY 1, 2022) 1 ***** NOTE: CONE HOLDER TO BE MOUNTED ON THE REAR OF THE TRUCK ONE ON EACH SIDE. AND ONE ON FRONT OF UNIT WHERE THERE IS ROOM. 1
****** OPTION I29 5 GALLON BUCKET HOLDER ON CURBSIDE TOP OF TOOLBOX 1 10 PRICE OF BASE UNIT WITH OPTIONS: $ 643,505.00
DELIVERY: ($1,000.00 MINIMUM) @ $4.00 PER MILE $ 10,000.00 ESTIMATED SUBTOTAL: $ 653,505.00
SALES TAX: $ 49,871.64
TOTAL PRICE (PER UNIT): $ 703,376.64

SIGNATURE DATE
QUOTE ID LAST UPDATED:
23260 7/19/2023
TERMS: 15% DOWN PAYMENT BALANCE DUE UPON COMPLETION. IN THE EVENT OF THE PURCHASERS DEFAULT AND THE TERMINATION OF THIS SALES PROPOSAL AGREEMENT PRIOR TO START OF PRODUCTION, 25% OF THE DOWN PAYMENT SHALL BE FORFEITED AND APPLIED TO GAPVAX, INC. AS PART OF ITS DAMAGES. ONCE PRODUCTION HAS COMMENCED ON THIS SALES PROPOSAL AGREEMENT, IN THE EVENT OF THE

PURCHASERS CANCELLING THE SALES PROPOSAL AGREEMENT, OR FAILING TO ACCEPT DELIVERY, OR FAILING TO COMPLETE THE SALES PROPOSAL AGREEMENT, THE ENTIRE DEPOSIT SHALL BE FORFEITED TO GAPVAX, INC. BUT SUCH FORFEITURE SHALL NOT PREJUDICE ANY OTHER REMEDY WHICH GAPVAX, INC. MAY HAVE FOR BREACH OF ANY OF THE SALES PROPOSAL AGREEMENT. IN THE EVENT OF A COMPLETED

UNIT NOT BEING FUNDED IN A PROMPT AND TIMELY MANNER, AN ADDITIONAL FEE WILL OCCUR TO COVER THE ADDITIONAL FLOOR PLAN EXPENSE. FEDERAL EXCISE TAX AND DELIVERY ARE LISTED. STATE SALES TAX IS NOT INCLUDED. STATE SALES TAX AND VEHICLE REGISTRATION IS THE RESPONSIBILITY OF THE PURCHASER. EXCLUDES ALL OTHER APPLICABLE TAXES, DUTIES, TARIFFS, BROKERAGE, OR DOCUMENTATION FEES. DELIVERY, IF COORDINATED BY GAPVAX, IS $3.00 PER MILE, $1,000.00 MINIMUM.

DELIVERY TERMS: TERMS OF DELIVERY SHALL BE F.O.B. SHIPPING POINT, JOHNSTOWN, PENNSYLVANIA, U.S.A. THIS PROPOSAL WILL REMAIN IN EFFECT FOR 30 DAYS, UNLESS CHANGED IN THE INTERIM UPON WRITTEN NOTICE FROM THE COMPANY. PLEASE RETURN ONE SIGNED COPY OF THIS PROPOSAL, AND ANY FUTURE CORRESPONDENCE TO: GAPVAX, INCORPORATED, 575 CENTRAL AVE., JOHNSTOWN, PA 15902. BY SIGNING THIS PROPOSAL, PURCHASER THEREBY EXPRESSES ACCEPTANCE OF EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN. ANY

PURCHASE ORDER OR ACKNOWLEDGMENT OFFERING TERMS INCONSISTENT WITH THE TERMS AND CONDITIONS HEREOF SHALL HAVE NO BINDING EFFECT WHATSOEVER ON GAPVAX INCORPORATED (THE "COMPANY") OR THE TERMS AND CONDITIONS HEREOF. THIS DOCUMENT AND

THE OTHER DOCUMENTS SPECIFICALLY REFERRED TO AS BEING A PART HEREOF, CONSTITUTE THE ENTIRE CONTRACT ON THE SUBJECT MATTER, AND SHALL NOT BE MODIFIED EXCEPT IN WRITING SIGNED BY BOTH PARTIES. ASSIGNMENT MAY BE MADE ONLY WITH WRITTEN CONSENT OF THE OTHER PARTY.

Chassis and Demo Units are SUBJECT TO PRIOR SALE, a 15% deposit is required with signed proposal ALL ORDERS ARE SUBJECT TO CURRENT PRICES IN EFFECT AT THE TIME OF ORDER ACKNOWLEDGMENT. PRICES AND SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. PRICING DISCLAIMER: WHILE WE MAKE EVERY EFFORT TO MAINTAIN AND PRESERVE PRICING

ACCURACY, ALL COST INCREASES INCURRED AFTER ORDER ACKNOWLEDGMENT FOR MAJOR COMPONENTS AND GOVERNMENT MANDATED

REQUIREMENTS, TARIFFS, AND RAW MATERIAL SURCHARGES WILL BE PASSED THROUGH AND ADDED TO CUSTOMER INVOICES WITH OR WITHOUT NOTICE. ALTHOUGH THE INFORMATION ON THIS QUOTATION IS PRESENTED IN GOOD FAITH AND BELIEVED TO BE CORRECT AT THE TIME OF PRINTING, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS OR ACCURACY OF THIS INFORMATION. WE

RESERVE THE RIGHT TO CHANGE, DELETE, OR OTHERWISE MODIFY THE PRICING INFORMATION WHICH IS REPRESENTED HEREIN WITHOUT ANY PRIOR NOTICE. WE CAREFULLY CHECK PRICING SPECIFICATIONS, BUT OCCASIONALLY ERRORS CAN OCCUR, THEREFORE WE RESERVE THE RIGHT TO CHANGE SUCH PRICES WITHOUT NOTICE. WE DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS. IN NO

EVENT WILL WE BE RESPONSIBLE FOR ANY DAMAGES OF ANY NATURE WHATSOEVER FROM THE RELIANCE UPON INFORMATION FROM THESE MATERIALS. PLEASE CHECK YOUR ORDER TO CONFIRM YOUR PRICING INFORMATION Please return a signed copy to [email protected]

ALL PRICES ARE IN US DOLLARS

PRICING SUMMARY
11 12

1. 2.

3. 4.

5. 6.

7. 8.

GapVax Incorporated
Terms and Conditions of Sale
ORDERS. All orders are subject to acceptance by an officer of GapVax Inc. Orders for products not regularly carried in stock or requiring special engineering or manufacture are in every case subject to approval by an officer of Gap Vax.

PERFORMANCE. GapVax Inc. shall not be liable for failure to complete the contract in accordance with its terms if failure is due to wars, strikes , fires , floods , accidents , delays in transportation or other causes beyond its reasonable control.

EXPERIMENTAL WORK. Work performed at customer's
request such as sketches, drawings, design, testing ,
fabrication and materials shall be charged at current rates.

SKETCHES, ENGINEERING DRAWINGS, MODELS and all
preparatory work created or furnished by GapVax Inc. shall remain its exclusive property; and no use of same shall be made , nor may ideas obtained therefrom be used, except with the consent of and on terms acceptable to GapVax Inc.

CANCELLATION. Orders regularly entered cannot be
canceled except upon terms that will compensate GapVax
Inc. for any loss or damage sustained .

SHIPMENT. All proposals are based on continuous and
uninterrupted delivery of the order upon completion unless specifications distinctly state otherwise. In the event that an agreement is reached for GapVax Inc. to store completed items, they will be immediately invoiced to the customer and become due and payable. Storage shall be at the risk of the customer and GapVax Inc . shall be liable only for ordinary care of the property.

CUSTOMER'S PROPERTY. GapVax Inc. shall charge the
customer at current rates , for handling and storing customer's property (e.g., truck chassis ) held for more than thirty (30) days after notification of availability for shipment. All customer's property, or third party's property, that is stored by GapVax Inc. is at the customer's or other party's risk . Gap Vax is not liable for any loss or damage thereto caused by fire, water, corrosion, theft, negligence, or any cause beyond its reasonable control.

PRICES. All orders are subject to current prices in effect at the time of order acknowledgment. Prices and Specifications are Subject to Change Without Notice. PRI CING
DISCLAIMER: While we make every effort to maintain and
preserve pricing accuracy, prices are subject to change without notice. Although the information on this quotation is presented in good faith and believed to be correct at the time of printing, we make no representations or warranties as to the completeness or accuracy of this information. We reserve the right to change, delete, or otherwise modify the pricing information which is represented herein without any prior notice. We carefully check pricing specifications, but
occasionally errors can occur, therefore we reserve the right to change such prices without notice. We disclaim all liability for any errors or omissions in the materials. In no event will we be responsible for any damages of any nature whatsoever from the reliance upon information from these materials.

Please check your order to confirm your pricing information.

9. 10.
11 .

12. 13.

14. 15.

F.O.B. POINT. Unless otherwise stated , all prices listed are F.O.B. point of manufacture.

TAXES. Unless specifically stated, prices listed do not include Federal , State , City or other excise occupation , sales, use or similar taxes which are extra and are to be added at rates in effect at time of shipment. If federal Excise Taxes are included or listed on the reverse side of this paper, they are stated at the rates and regulations in effect at the time this order is written and are subject to revision in accordance with rates and regulations in effect at time of shipment.

PRODUCT IMPROVEMENT. GapVax Inc. reserves the right
to change manufacturing specifications and procedures
without incurring any responsibility for modifying previously shipped products.

MOUNTING PRICES. Mounting prices assumes normal
factory installation on a truck chassis suitable for the unit purchased. Relocation of batteries, gas tanks , mufflers, air tanks, etc. will be an additional charge, billed at the standard factory labor rate.

WARRANTY. GapVax Inc. warrants its products to be free
from defects in material and workmanship, subject to the limitations and conditions set forth in its current published warranty but makes no warranty of merchantabilrty or fitness for any particular purpose. GapVax Inc. does not assume liability for any loss of product, time or any direct, indirect, or consequential damage, losses or delay or any nature
whatsoever. No warranty, express or implied, is made or authorized to be made and no obligation is assumed or
authorized to be assumed with respect to products of Gap Vax Inc. other than that set forth in the current, published warranty.

It is to be understood that the acceptance this order is expressly conditioned upon your acceptance of GapVax Inc. standard written warranty for the products sold hereunder Gap Vax Inc. hereby disclaims any responsibility or liability for any consequential losses delays or downtime resulting from orders hereunder the use of its produ cts. GapVax does not and will not warranty any tank coating or tank lining. PTO damage is not covered when the PTO protection system or low water shut down system is not selected / installed / and operational. Gap Vax does not and will not warranty any water system component(s) that show any sign or indication of ice or freeze damage.

This agreement shall be construed according to the laws of the State of Pennsylvania. Our failure at any time to exercise any right we may have under the agreement shall not
constitute a waiver thereof nor prejudice our right to enforce same thereafter.

This order, including the above terms and conditions contains the complete and final agreement between the parties hereto and no other agreement in any way modifying any of said terms and conditions will be binding on us unless in writing and agreed to by authorized representative of this company.

Attachment 3
13 UNIT: 1134 REPLACEMENT (KENWORTH -VACTOR COMBINATION TRUCK). 2023-2024 SPECIFICATIONS FOR NEW COMBINATION TRUCK
12-Cubic yard capacity debris tank with roots 18" PD Blower, 1500 gallons of water mounted on a 2023 or newer Heavy-Duty Chassis, comparable to a Western Star, powered by a diesel engine, rated at 450 or more HP, mated to an Allison Gen. 5 Automatic Transmission, additional specs listed below:
• Truck Color White
• 48" x 22" x 24" Curbside Aluminum Toolbox
• Mud Flaps
• Electric/Hydraulic 4 Way boom
• Color Coded Sealed Electrical System
• Remote Pendant Control
• Electronic Control Package
• Wash-down handgun assembly
• Y-Strainer at water pump inlet
• S Steel Cylindrical Debris Tank
• Flexible Hose Guide
• Nozzle Storage Rack
• Vacuum Tube Storage
• l" 800' 2500 psi Rodder hose
• 15' leader hose
• Flat rear door w/hydraulic door locks and door Power, up/down, Open/Close features • Debris body relief system
• Debris deflector plate
• Water sight gauge OS/PS
• Liquid/Debris float level indicator
• Boom Transport Post Storage
• Y-Strainer@ water pump with drain valve
• 1" Water relief valve for combination water pump
• Stainless steel micro strainers
• Blower air shift controls
• Hydraulic cooling system
• Mounted water pump
• Hose wind guide
• Hose reel manual hydraulic extend/retract
• Hose reel drive chain cover
• Tachometer/chassis engine with hour meter
• Circuit breakers
• LED Lights, clearance, back up, stop, tail, and turn
• LED read arrow board with full arrow traffic direction indicators • LED Front lights with traffic direction indicators
• Electronic Back-up alarms

14 2023-2024 SPECIFICATIONS FOR NEW COMBINATION TRUCK
• Hydraulic Tank Shutoff valves
• Vacuum pipe package
• Emergency flare kit
• Fire Extinguisher- 5 lbs.
• Lower water alarm with water pump flow indicator
• Front boom controls
• Digital hose system/footage/status indicator system PTO hour meter • Hydraulic oil temp alarm
• Digital water pressure gauge
• 180-degree rotation min 10' telescoping boom
• Boom out of position light
• 2500 minimum PSI water pressure
• 80 GPM Variable flow system
• Hydraulic extending/rotating 15" hose reel minimum capacity l"x 800' • Debris body flush out system
• Centrifugal Separation system
• Wireless control system includes hose reel/boom controls • Hydro excavation kit- including lances, nozzles, storage tray and tube assembly • Automatic hose level wind guide
• High pressured hose reel
• Front hose reel storage
• Debris body-up alarm
• Work lights 4 (2 per side), 2 rear, 2 front
• Toolboxes 2 front, 1 behind cab, drive side sub frame • 4 long handle tool storage locations
• Cone racks 2 rear 6 cones per rack, 1 front 3 cones Camera system: front, rear • Fully incremental adjustable throttle controls from reel and wireless controller • Maximum operating decibel output of 90
• Hand tool mounts front/back: Pick, sledgehammer
• 250' spring/auto-wind reel side mounted on truck for hydro excavation • MC propeller water meter
• Mounted Trash and Debris Holder. Mounted On Passenger Side at Waist Level Liquid/Debris Float Level Indicator
Boom Transport Post Storage
V-Strainer@ Water Pump with Drain Valve
1" Water Relief Valve for Combination Water Pump
Stainless Steel Micro Strainers
Blower Air Shift Controls
Hydraulic Cooling System

15 2023 -2024 SPECIFICATIONS FOR NEW COMBINATION TRUCK
1Ufl rnr. .

Hose Wind Guide ✓
Hose Reel Manual Hydraulic Extend/Retract /
Hose Reel Drive Chain Cover ✓
Tachometer/Chassis Engine with Hour Meter ✓
Circuit Breakers ✓
LED Lights, Clearance, Back Up, Stop, Tail, And Turn ~
LED Read Arrow Board with Full Arrow Traffic Direction Indicators ✓ LED Front Lights with Traffic Direction Indicators ✓
Electronic Back-Up Alarms ✓
Hydraulic Tank Shutoff Valves ✓
Vacuum Pipe Package ✓
Emergency Flare Kit ✓
Fire Extinguisher- 5 lbs. V
Lower Water Alarm with Water Pump Flow Indicator v'
Front Boom Controls ✓
Digital Hose System/Footage/Status Indicator System ✓
PTO Hour Meter ✓
Hydraulic Oil Temp Alarm V
Digital Water Pressure Gauge ✓
180 Degree Rotation. Min 10' Telescoping Boom ✓
Boom Out of Position Light ✓
2500 Minimum PSI Water Pressure ✓
80 GPM Variable Flow System ✓
Hydraulic Extending/Rotating 15" Hose Reel Minimum capacity 1" x 1000' ✓ Debris Body Flush Out System ✓ ...

Centrifugal Separation System ✓ ,,.

Wireless Control System Including Hose Reel/Boom Controls ✓ - Hydro Excavation Kit - Including lances, Noules, Storage Tray, and Tube ✓ Assembly /
Automatic Hose Level Wind Guide V - . High Pressured Hose Reel ✓ , Front Hose Reel Storage ✓
- Debris Back-Up Alarm v .,,
Work Lights 4 (2 Per Side, 2 Rear, 2 Front) ,/
- Safety Spotlights Installed on Both Sides at Rear of Truck To Light The ~ Work Area Behind Truck
;/
Toolboxes Z Front, 1 Behind Cab, Drive Side Sub Frame ✓/' 4 Long Handle Tool Storage Locations y/
Cone Racks 2 Rear 6 Cones Per Rack, 1 Front 3 Cones ,r / Camera System: Front, Rear and Sides ✓

$661.763.86
16 2023-2024 SPECIFICATIONS FOR NEW COMBINATION TRUCK
Fully Incremental Adjustable Throttle Controls from Reel and Wireless Controller ✓ Maximum Operating Decibel Output of 90 DB
Hand Tool Mounts Front/Back: Pick, Sledgehammer
250' Spring/ Auto-Wind Reel Side Mounted on Truck for Hydro Excavation Water Meter MC Propeller
Mounted Trash and Debris Holder. Mounted On Passenger Side at Waist Level Mounted Water Pump
NOTES:
*Please include all taxes and fees in quoted price
*Quote must be valid for a minimum of 60 days
*Please upload completed checklist with your submission

1. Delivery 365 Days after receipt of order.

2. Chassis as specified

3. Comments: The availability of the chassis is subject to the changes happening to current and future STATE OF CALIFORNIA CARB regulaition.
?age 414
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: September 14, 2023 Agenda Item: 7L
Department: Public Works
Prepared By Masako Hennequin, Associate Civil Engineer
Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO ACCEPT THE COMPLETED PAVEMENT REHABILITATION ON ACCESS ROADS FOR RESERVOIRS 4, 5 AND 5A, CIP PROJECT NO. 21403 ..body
Fiscal Impact:

Construction was completed at a cost of $246,885, which is under the not to exceed contract amount of $311,172.

Summary:

L.C. Paving and Sealing, Inc. has completed the construction contract within the not to exceed contract amount. The Resolution before City Council will accept the project and allow staff to record the notice of completion.

Background:

On June 7, 2022, the City Council awarded a construction contract to L.C. Paving and Sealing, Inc. for pavement improvements on access roads at reservoirs 4, 5 and 5A and the water reclamation plant facility shown in the location map on Attachment 2. The project included pavement grinding and overlaying and asphalt removal and replacement to rehabilitate pavement.

Project cost summary is as follows:

Construction $236,712
Construction Management and Inspection $10,173
Total Project Cost $246,885
Council Options:
 Adopt Resolution No. 23-101, which will accept the pavement improvements on access roads at reservoirs 4, 5 and 5A and authorizing filing a notice of completion for CIP Project No. 21403.
 Modify and adopt Resolution No. 23-101.
 Continue the item with direction to provide additional information. 1 Meeting Date: September 14, 2023 Agenda Item: 7L

CITY OF SAN CLEMENTE
Environmental Review/Analysis:

This project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council Adopt Resolution No. 23-101, which will:

1. Accept the Pavement Rehabilitation for Reservoirs 4, 5 and 5A, CIP Project No. 21403 from the contractor, L.C. Paving and Sealing, Inc.;

2. Authorize the Public Works Director to execute and record the Notice of Completion for Pavement Rehabilitation for Reservoirs 4, 5 and 5A, CIP Project No. 21403;

3. Authorize the City Clerk to release the payment bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the Contractor, L.C. Paving and Sealing, Inc.; and

4. Authorize the City Clerk to release the performance bond upon receipt of a warranty bond in a form acceptable to the Public Works Director in the amount of 25% of the construction cost. ..endAttachment:

1. Resolution No. 23-101

2. Location Map

3. Notice of Completion

4. Staff Report dated June 7, 2022 (without attachments) Notification:

None.
2 RESOLUTION NO. 23-101

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING AS

COMPLETE THE PAVEMENT REHABILITATION FOR
RESERVOIRS 4, 5 AND 5A (PROJECT NO. 21403)
WHEREAS, on June 7, 2022, the City Council awarded a construction contract to L.C. Paving and Sealing, Inc. for pavement rehabilitation for reservoirs 4, 5 and 5A, Project No. 21403; and
WHEREAS, the work consisted of rehabilitation for access road for reservoirs 4, 5 and 5A and pavement rehabilitation for water reclamation plant; and WHEREAS, L.C. Paving and Sealing, Inc. has completed the work to the satisfaction of the Public Works Director.

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

Section 1. That the above recitations are true and correct.

Section 2. That the City Council accepts as complete the Pavement Rehabilitation for Reservoirs 4, 5 and 5A (Project No. 21403).

Section 3. That the City Council authorizes the Public Works Director to execute and the City Clerk to record a Notice of Completion for the project.

Section 4. That the City Council authorizes the City Clerk to release the payment bond for this project 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the L.C. Paving and Sealing, Inc.

Section 5. That the City Council authorizes the City Clerk to release the performance bond for this project upon receipt of a warranty bond in a form acceptable to the Public Works Director in the amount of 25% of the total construction cost.

Section 6. 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 ____________________, 2023. 3 ATTACHMENT 1
Resolution No. 23-101 Page 2
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, 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:
___________________________
Elizabeth A. Mitchell, City Attorney
4 City of San Clemente
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316
City of San Clemente
J
Text
Text
Text
Attachment
0 0.03750.075 0.15
mi
5 City of San Clemente
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316
City of San Clemente
J
Text
Text
Text
Attachment
0 0.01750.035 0.07
mi
6 Attachment 3
Recording Requested By:

City of San Clemente
When Recorded, Mail To:

Public Works Department
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Recorded for the benefit of the City of San
Clemente and exempt from recording fees
pursuant to Government Code Section 27383.

Space above this line is for Recorder’s Use Only

NOTICE OF COMPLETION
Notice is hereby given by the City of San Clemente, a Municipal Corporation, that a public work of improvement has been completed as follows:

1. Project title or description of work: Pavement Rehabilitation for Reservoirs 4, 5 and 5A, CIP Project Nos. 21403.

2. Date of completion: August 18, 2023.

3. Street address or legal description of the project site: 419 Avenida Salvador, 721 Avenida Salvador, 380 Avenida Pico.

4. Name of owner: City of San Clemente.

5. Interest or estate of owner: Public Facility; Owned in Fee.

6. Address of owner: 910 Calle Negocio, Suite 100, San Clemente, CA 92673

7. Name and address of contractor: L.C. Paving and Sealing, Inc., 620 Alpine Way, Escondido, CA 92029.

I am the Public Works Director / City Engineer for the City of San Clemente, a Municipal Corporation, the owner of the indicated interest or estate in the property described above.

I make this verification on behalf of the City of San Clemente. I have read this Notice of Completion and know its contents. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on __________________________ in San Clemente, California. _________________________________
Kiel Koger, Public Works Director / City Engineer
City of San Clemente
7 Attachment 4
8 Department
Prepared By:

Subject:

Fiscal Impact:

Summary:

Discussion:

Recommended

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 7, 2022
Public Works / Engineering
Masako Hennequin, Associate Civil Engineer
Agenda Item ~ k
Approvals:

City Manager £,i;
Dept. Head ~
Attorney CT
Finance ~

APPROVAL OF CONSTRUCTION CONTRACT FOR PAVEMENT REHABILITATION AT RESERVIORS 4, 5 AND 5A, PROJECT NO. 21403 WITH LC.PAVING & SEALING, INC.

Yes. The estimated total project cost of $311 ,172 is within the total approved budget amount of $650,000 from the water depreciation fund of $350 ,000 (Account Number 052-466-43470-000-21403) and the sewer depreciation fund of $300,000 (Account Number 054-476-43470-000-21205).

Staff recommends that the City Council approve a construction contract with L.C.

Paving & Sealing, Inc. in an amount not to exceed $259,172 for pavement rehabilitation at Reservoirs 4 , 5 and 5A, Project No. 21 403.

This project includes grinding and overlaying, asphalt removal and replacement, a nd striping to rehabilitate pavement for access roads at Reservoirs 4, 5 and 5A and the Wate r Reclamation Plant Facility. (See Location Map in Attachment 1 ). Bids ranged from $259, 172 to $439,464.

Project cost summary is as follows :

Construction
Construction Design, Management & Inspection (approx. 10%) Project Contingency (approx. 10%)
Estimated Total Project Cost
$259,172
26,000
26,000
$311 ,172
Action: STAFF RECOMMENDS THAT the City Council:

1. Approve the plans and specifications for Rehabilitation for Reservoirs 4 , 5 and 5A, Project No. 21403; and

2. Approve and authorize the Public Works Director / City Engineer to execute, Contract No. ___ , by and bet\iveen the City of San Clemente an_d LC.Paving & Sealing, Inc, in the amount of $259,172, for Pavement Rehabilitation at Reservoirs 4, 5 and 5A, Project No. 21403 .

Public Works Agenda Report
6-7-22 / 4K-1
9 ' Agenda Report Page 2
Attachments: 1. Location Map

2. Bidders List

3. Contract
Notification: None.
i:\cd\engi neering\secu re\admin\2022\6-7\6-7-22-2r .docx 6-7-22 / 4K-2
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: September 14, 2023 Agenda Item: 7M
Department: Public Works
Prepared By Shawn Ryan, Senior Civil Engineer
Subject:

CONSIDERATION OF A RESOLUTION AWARDING A PROFESSIONAL CONSULTANT SERVICES AGREEMENT TO TRUSSELL TECHNOLOGIES, INC. FOR ENGINEERING

CONSULTING SERVICES IN CONNECTION WITH THE AERATION BLOWER

IMPROVEMENT PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT
Fiscal Impact:

The proposed agreement in the amount of $149,735 is within the approved project budget of $200,000 from the Sewer Fund Depreciation Reserve, Account No. 054-476-45300-000-10206.

Summary:

The City Council is being asked to consider a Professional Consultant Services Agreement (PCSA) for an engineering consultant to evaluate various demands and the appropriate size of a replacement blower, provide final drawings and specifications for bidding and construction, engineering support services during construction, construction management services, and inspection/observation services for the Aeration Blower Improvements Project.

Background:

The WRP’s Aeration Blowers provide oxygen for plant biology as part of the secondary wastewater treatment process. Two of the City’s three blowers were replaced several years ago.

The third blower, which is currently non-operational, has reached its useful life and is in need of replacement. This project will include an evaluation of the airflow demands and the appropriate size of the replacement blower, primary flow equalization, evaluation and/or upgrade of the existing pipelines, valves, and controls to achieve constant airflow to the aeration basin diffusers utilizing the current dissolved oxygen controls.

Discussion:

The City initiated requests for proposal (RFP) in May 2023 for this agreement. Proposals were solicited via the Planet Bids website. Following the end of the solicitation on June 12, 2023, the City received a total of three (3) proposals from qualified firms. Staff is not aware of a local company that could perform this work.

City staff reviewed the submittals at length and determined that Trussell Technologies, Inc. (with a principal place of business in California in the City of Pasadena) provided the best approach for the Aeration Blower Project. Costs for the submitted proposals ranged from $149,735 to $257,039. The selected consultant’s cost was $149,735. Trussell Technologies, Inc. is very 1 Meeting Date: September 14, 2023 Agenda Item: 7M

CITY OF SAN CLEMENTE
familiar with the City of San Clemente’s WRP, and staff believes that they will provide excellent services for Aeration Blower Improvement Project.

Council Options:
 Adopt Resolution No. 23-102, awarding a Professional Consultant Services Agreement to Trussell Technologies, Inc., and authorizing the City Manager to execute the agreement in an amount not to exceed $149,735.
 Adopt Resolution No. 23-102, with modifications.
 Do not adopt Resolution No. 23-102.
 Continue the item and direct staff to provide additional information.

Environmental Review/Analysis:

The work to be performed under this Professional Consultant Services Agreement is not a “project” under the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation
Adopt Resolution 23-102, which would:

1. Award a Professional Consultant Services Agreement to Trussell Technologies, Inc. for engineering consulting services in connection with the Aeration Blower Improvement Project; and

2. Authorize the City Manager to execute the agreement in an amount not to exceed $149,735. ..end
Attachment:

1. Resolution 23-102

2. Professional Consultant Services Agreement with Trussell Technologies, Inc.

Notification:

All bidders.
2 ATTACHMENT 1
RESOLUTION NO. 23-102

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
TO TRUSSELL TECHNOLOGIES, INC. FOR ENGINEERING

CONSULTING SERVICES IN CONNECTION WITH THE

AERATION BLOWER IMPROVEMENT PROJECT, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT IN AN AMOUNT NOT TO EXCEED $149,735
WHEREAS, on May 23, 2023, the Engineering Division solicited proposals from qualified firms to provide engineering consulting services for the Aeration Blower Improvement Project; and
WHEREAS, on June 12, 2023 the City of San Clemente received three proposals from qualified firms; and
WHEREAS, City staff reviewed the submitted proposals and determined Trussell Technologies, Inc. provided the best approach for the Aeration Blower Improvement Project and its price proposal was fair and reasonable.

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

Section 1. Recitals. The above recitals are considered findings by the City Council and incorporated into the body of this resolution.

Section 2. A Professional Consulting Services Agreement is hereby awarded to Trussell Technologies, Inc. for the Aeration Blower Improvement Project.

Section 3. The City Manager is authorized and directed to execute an agreement with Trussell Technologies, Inc. for an amount not to exceed $149,735 in a form substantially similar to that presented to City Council on September 14, 2023.

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 ____________________, 2023.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
3 Resolution No. 23-102 Page 2

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-102 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:
_________________________
Elizabeth A. Mitchell, City Attorney
4 1
55452.01100\31193624.5

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 2023, 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 Trussell Technologies, Inc., a California corporation, with its principal place of business at 224 N Fair Oaks Avenue, FL 2, Pasadena, CA 91103 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

2.2 Project.

City desires to engage Consultant to render such professional engineering consulting services for the AERATION BLOWER IMPROVEMENTS 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 Engineering consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from October 16, 2023 until the services are complete to the satisfaction of the City, unless earlier terminated as provided herein.

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 $77$&+0(17
5 2
55452.01100\31193624.5
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: Brett Faulkner, Biological Treatment Lead.

3.2.6 City's Representative. The City hereby designates Shawn Ryan, Senior Civil Engineer, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.7 Consultant's Representative. Consultant hereby designates R. Shane Trussell, Chief Executive Officer, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative 6 3
55452.01100\31193624.5
shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

3.2.9 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

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

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall 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.
7 4
55452.01100\31193624.5

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 one hundred forty-nine thousand, seven hundred thirty-five ($149,735) 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 in advance 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.

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. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and Since the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the 8 5
55452.01100\31193624.5
project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

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

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and 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:
9 6
55452.01100\31193624.5
Consultant: Trussell Technologies, Inc.
224 Fair Oaks Avenue, FL 2
Pasadena, California 91103
ATTN: Shane R. Trussell, Chief Executive Officer
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Shawn Ryan, Senior Civil Engineer
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 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 10 7
55452.01100\31193624.5
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 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 11 8
55452.01100\31193624.5
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 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 12 9
55452.01100\31193624.5
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/Electronic Signatures. This Agreement may be signed in counterparts, each of which shall constitute an original. This Agreement may be signed electronically with the same force and effect as an original ink signature.

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.
13 10
55452.01100\31193624.5
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:________________________________
Andy Hall, City Manager
ATTEST:
______________________________ Dated: ____________________, 2023 CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization

Trussell Technologies, Inc., a California
corporation
(“CONSULTANT”)
By: _____________________________
R. Shane Trussell, Chief Executive
Officer
Dated: __________________, 2023
By: _____________________________
C. Bryan Trussell, Secretary
Dated: __________________, 2023

14 11
55452.01100\31193624.5
EXHIBIT "A"

SCOPE OF SERVICES
Consultant shall perform the following services (“Services”):
15 $HUDWLRQ%ORZHU,PSURYHPHQWV3URMHFW1R
June 5, 2023

PREPARED FOR
16 1








June 5, 2023
Mr. Shawn Ryan, Senior Civil Engineer
City of San Clemente
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Re: Request for Proposal–Aeration Blower Improvements
Dear Shawn,
Trussell Technologies, Inc. (Trussell) is pleased to submit the enclosed proposal in response to the City of San Clemente (City) request for proposal to provide Aeration Blower Improvements, dated May 17, 2023. Our team is particularly well-suited to support the City in assessing and implementing aeration blower improvements, as we previously evaluated the performance and airflow rates of the existing blowers at the San Clemente Water Reclamation Plant (CSWRP) during our 2020 CSWRP Efficiency Study. We recommended replacement of the Lamson aeration blower as a priority for the City, at the time.

Our team will start the aeration blower improvement project by evaluating SCWRP aeration needs for both current and future operations, using recent operational data in combination with biological modeling. We will evaluate operational conditions for the replacement blower to identify the most robust and efficient solution. We will engage established blower manufacturers to identify options and performance metrics to select the most compatible fit for SCWRP. Our design will define a robust and efficient blower that can be successfully integrated to the existing SCWRP aeration system. Throughout this process, our team will work closely with City staff to ensure any concerns with various operating conditions are addressed in the design. Once the contractor and equipment vendor are selected, we will continue to provide support and act as a liaison to the City to help minimize risk to the City.

To provide the analysis, design, and support the City needs for implementing the requested aeration blower improvements, we have assembled a highly qualified team with expertise in biological treatment modeling and optimization, as well as experience in technical design for a variety of wastewater treatment applications. I will serve as the Technical Advisor for the project and assure that quality is maintained in all of the project deliverables. Brett Faulkner, Trussell’s Biological Treatment Lead, will be the Technical Lead Engineer and key contact responsible for all communications with the City. Fernanda Bacaro is Trussell’s Biological Treatment Specialist and will support the development of the basis of design with data analysis, biological modeling, and identification of associated design criteria. Rodrigo Tackaert will support the final design with development of technical specifications and design drawings.

The project will be managed from Trussell’s San Diego office by Brett Faulkner:

Brett Faulkner, P.E.
380 Stevens Ave, Suite 212
Solana Beach, CA 92075
[email protected]
858-232-2874
17 2








We are ready to get to work with the City on this project. We have reviewed the Professional Services Agreement and accept all provisions. A copy of our insurance certificate is provided in Appendix A. Our proposed fee for the project will be valid for a period of at least 90 days. Please let me know of any questions.

Sincerely,
Shane Trussell, Ph.D., P.E., BCEE
President
18 3








SECTION I: BACKGROUND AND APPROACH
Trussell Technologies Inc. (Trussell) has prepared this proposal in response to the City of San Clemente (City) request for proposal for the Aeration Blower Improvements Project (No. 10206).

Project Understanding
Our team understands that the City is seeking engineering support services for improving aeration reliability at the San Clemente Water Reclamation Plant (SCWRP) by replacing a non-operational Lampson blower and addressing both improved energy efficiency and redundancy needs for the secondary process. We understand that the City would like to use the current dissolved oxygen controls, but improve the aeration process performance by assuring oxygen demands for the biological treatment process are met. Our team is fully prepared to work with the City to review process data and site information to identify an appropriate blower that is compatible with the two existing Aerzen blowers at the SCWRP and will also reduce power costs.

We commend the City for establishing a robust procurement process that will allow for selection of an efficient blower and continuous oversight through the design and construction phases to ensure that it is integrated appropriately at SCWRP. Our team has served in this role for multiple projects of varying scales – including the secondary process upgrade design for the Meadowlark Water Reclamation Facility (5 MGD) and City of Ventura’s membrane bioreactor conversion project (12 MGD). The foundation of the project will be the preliminary design report, where we will identify design criteria, an equipment layout, and estimates for capital, utility, and on-going operations costs related to the identified blower and appurtenances. Using this basis, we will then develop 60% and 90% level design plans and specifications, as well as a final set of plans, specifications, and a Class 3 cost estimate for use in bidding and construction. Trussell will remain engaged in the project through the bidding and construction process, supporting the City in interfacing with the bidders, reviewing submittals, fielding information requests, attending construction meetings, and providing other as-needed design-related support.

Trussell is very familiar with the SCWRP,
having completed a 2020 Efficiency Study
to develop capital improvements and
operational recommendations for the
facility. As part of the efficiency study, our
team developed a model of the biological
wastewater treatment at SCWRP using
GPS-X software. In addition, we identified
the need to replace the Lamson aeration
blower, evaluated the operations of the
existing Aerzan blowers, and provided
preliminary recommendations based on
operational and water quality data at the
time. More recently, we are currently
supporting the City with design services
for a new membrane filtration (MF) and reverse osmosis (RO) treatment system at SCWRP. The new MF/RO system will allow the City to maximize water recycling from SCWRP. Similar to the






 

 

19 4








current project, the MF/RO project involves preliminary design, detailed design, as well as support through bidding and construction.

Approach
Our team is poised to hit the ground
running on the aeration blower
improvement project at SCWRP. We will
build on our familiarity with the SCWRP
and understanding of its treatment
process controls, prior preliminary
assessment of aeration needs, and
previously developed biological
treatment model to streamline the
preliminary design evaluation. Using
recent operational data, we will
recalibrate our existing model of SCWRP
biological treatment to evaluate the
airflow demands under current
operations, as well as with primary flow
equalization scenarios. As part of the
2020 Efficiency Study at SCWRP, Trussell recommended further evaluation of adding primary flow equalization. By equalizing the flow ahead of the secondary process, the diurnal fluctuations in air flow observed in the figure above are expected to be minimized, which would also impact the blower sizing and efficiency. The current evaluation will thus include identification of blower performance criteria, efficiency, costs, and sizing with and without primary equalization at SCWRP. In addition, we will identify any required changes to the pipelines, valves, and controls.

Considering the City’s desire to maintain redundancy of the secondary aeration process and the potential to extend the life of the two existing Aerzen blowers, Trussell will identify and assess various replacement options, including the following three scenarios:

1. The replacement blower is the primary operating equipment and the two existing blowers provide redundancy (configuration: 1 duty + 2 standby).

2. The replacement blower is one of two standby units (configuration: 1 duty + 2 standby).

3. The replacement blower is the sole standby unit with the two existing blowers as the default duty units (configuration: 2 duty + 1 standby).

Integration and compatibility of the new blower with the existing blower system will be a key consideration for this project as flexibility to run any combination of blowers and avoiding blower surges and/or overload is critical for overall system reliability.

SECTION II: METHODOLOGIES
Trussell and the City will benefit from our existing understanding of the SCWRP and long-term working relationships with the City’s operations staff. As referenced in the prior section, Trussell will rely on the use of recent operational data in combination with biological modeling to evaluate aeration needs for both current and future operations. Trussell will evaluate operational conditions












20 5








for the replacement blower to identify the most robust and efficient solution. We will work with established blower manufacturers to identify options and performance metrics to select the most compatible fit for SCWRP. Trussell will work closely with City staff to ensure any concerns with various operating conditions are addressed in the design. Furthermore, close collaboration through the design process will help minimize risk for the City. Our methodology will ensure the replacement is a robust and efficient addition that can be successfully integrated to the aeration system. A schematic summarizing the methodologies Trussell will employ for the project is provided below.

SECTION III: WORK PLAN
Trussell is committed to working with the City on all aspects of the blower improvement project – from identification of airflow demands to final design and through construction – to ensure the appropriate blower is selected, seamlessly installed, and properly integrated with the existing treatment. To accomplish the aeration improvements, our work plan is presented in sequential order of the tasks that capture our team’s approach to the project.

Task 1 Preliminary Design
The basis of design will be developed in two phases. First, we will review water quality and operational data reflecting recent operating conditions to allow for updating our existing model of biological treatment at SCWRP. We will evaluate airflow demand and blower sizing with and without primary equalization to evaluate additional opportunities for efficiency, building on Trussell’s prior SCWRP efficiency study. The foundation of the project will be the preliminary design report, where we will identify design criteria, an equipment layout, and estimates for capital, utility, and on-going operations costs related to the identified blower and appurtenances. 







 




 

























 




























21 6








This will include an identification of associated mechanical, electrical, telemetry or other engineering elements.

Deliverables
• Preliminary Design Report
• Capital, Utility, and Operational Cost Estimates
Task 2 Final Design
The final design will leverage the outcomes from the
preliminary design to develop technical specifications and drawings. Trussell will first develop 60% design documents, which will include technical specifications and drawings for the replacement aeration blower and electrical. It is assumed that the City will provide typical front end specifications (e.g., general requirements) that will be tailored to the specifics of the project. A Class 3 OPCC will be developed to enable the City to budget appropriately for the blower replacement work.

The design will proceed through an iterative process, where feedback from the City and blower suppliers will be
incorporated to produce 90% documents and a subsequent
final design package.

Deliverables
• Class 3 Cost Estimate
• Design Plans and Specifications at 60% and 90% Completion • Final Design Plans for Bidding and Construction
Task 3 Construction Support Services
Once the design is finalized, Trussell will remain involved through the bidding and construction phases of the project. Trussell will play an active role in supporting the City by responding to questions and clarifications from qualified bidders. Once a design engineering firm or equipment vendor is selected for the project, Trussell will support the City in responding to requests for information (up to 15) and by reviewing shop-drawing submittals (up to 20). At least one Trussell project team member will attend all construction meetings. Once construction is complete for the blower installation, Trussell will update the design drawings for as-builts and provide the City with the final record drawings.

Deliverables
• Clarifications, details, and additional calculations for modifications to original design (up to 15 requests for information)
• Markups to shop drawing submittals (up to 20)
• Final record drawings




 





 







 
 
22 SECTION IV: PROJECT ORGANIZATION AND STAFFING
This section presents a brief background on Trussell, the organization of our project team, along with the qualifications and responsibilities of all key project team members.

Our Company
Trussell is an environmental engineering firm passionate about developing the best process and water quality solutions. This passion motivates us to tackle complex water challenges with the latest in practice and science. We have earned a reputation for finding cost-effective, practical, and simple solutions to challenging projects.

Founded in 2003, Trussell is composed
of 36 energetic, highly trained engineers
engaged in a range of projects, including
the evaluation, design, and permitting of
processes for drinking water, water
reclamation, potable reuse, and
wastewater. Together, we take projects
from concept through implementation
using experience, applied research and
treatability expertise, proven regulatory
insight, cutting-edge treatment system
design, and real-world operational
knowledge. Our reputable team will use
innovation to deliver high-quality
services that reduce project costs and
improve reliability. Trussell operates in the nexus between practice and science, with 9 staff members holding a Ph.D., 20 California-registered professional engineers, and five certified Wastewater and Advanced Water Treatment (AWT) operators. We have successfully completed projects throughout the State of California for a variety of municipal agencies and have unparalleled expertise in solving treatment issues by providing innovative, yet simple solutions.

Key Personnel
Our San Diego-based project team is grounded in the fundamentals of biological treatment and has worked with numerous Southern California utilities of all sizes to optimize treatment, identify more efficient operations, and support the implementation of identified upgrades from preliminary design through construction. Brett Faulkner, Trussell’s Biological Treatment Lead, will be the Project Manager and key contact responsible for all communications with the City. Brett has extensive experience in wastewater treatment, working with utilities of all sizes throughout Southern California. Brett was also the lead for Trussell’s 2020 Efficiency Study with the City.

T ll T h l i I (T ll)
Office Locations
Oakland, CA
Pasadena, CA
San Diego, CA
San Diego Office Solana Beach CA 92075
Years in Business 20 (founded in 2003)
Employees
g
20 CA Professional Engineers
9 Ph.D.s
7 Board Certified Environment
Engineers
5 WW/AWT Certified Operator
     
23 8







Shane Trussell, Trussell’s President, will serve as the Technical Advisor for the project. Shane will provide operational and technical support to the City and serve as the quality assurance and quality control (QA/QC) Advisor, where he will provide a technical review of all project deliverables. Fernanda Bacaro is Trussell’s Biological Treatment Specialist and will support the development of the basis of design with data analysis, biological modeling, and identification of associated design criteria. Fernanda has extensive experience with the modeling software GPSX. Rodrigo Tackaert will support the final design with development of technical specifications and design drawings. Rodrigo will leverage his design experience and familiarity with the SCWRP facilities through his involvement in the current MF/RO treatment design. The organization chart below establishes the management and control structure to achieve the goals and objectives of the project. A summary of each team member’s expected contribution to the project is also provided, indicating total number of hours by task and approximate availability for the duration of the project. Resumes of each project team member can be found in Appendix B.

Brett Faulkner, P.E.

Project Manager
Shane Trussell, Ph.D., P.E., BCEE
Technical Advisor, QA/QC
Fernanda Bacaro
Rodrigo Tackaert, P.E. Preliminary Design Lead
Final Design Lead
24 9








Contribution Schedule
Key Personnel
Number of Hours Committed by Task % Availability
for Aeration
Blower
Improvements
Preliminary
Design Final Design Construction Support Services
Brett Faulkner, P.E.

Project Manager 62 76 50 10%
Shane Trussell, Ph.D., P.E., BCEE
Technical Advisor, QA/QC 14 18 6 2%
Fernanda Bacaro
Preliminary Design Lead 136 72 8 10%
Rodrigo Tackaert, P.E.

Final Design Lead 2 160 66 12%
SECTION V: RELATED EXPERIENCE
Listed in this section are relevant project examples to give additional insight into how we can help the City. Each of the five projects includes a reference that can be contacted.

Project Experience
CLIENT
Vallecitos Water District

PROJECT
Title: Meadowlark Secondary and Tertiary Evaluations and Design Date: 2015-2021

REFERENCE
Matt Weise
Wastewater Treatment Plant Supervisor
201 Vallecitos De Oro
San Marcos, CA 92069
(760) 744-0460 ext. 411

KEY PERSONNEL & RESPONSIBILITIES
Shane Trussell, Technical Advisor
• Project Management, Technical and Operational Support Brett Faulkner, Project Manager and Design Lead
• Data Analysis, Operational Support, Biological Modeling, Design Documents, Inspection and Engineering Services During Construction
Rodrigo Tackaert, Project Engineer
• Data Analysis, Preliminary Design/Evaluations
25 10







GENERAL WORK PERFORMED
The Vallecitos Water District (VWD) owns and operates the Meadowlark Water Reclamation Facility (MWRF), which is capable of treating up to 5 MGD of wastewater to produce recycled water for local customers. Since 2010, Trussell has worked with the VWD on an assortment of projects including operational support/optimization, filter media design and replacement, coliform evaluation, disinfection system design, secondary process optimization, nutrient removal assessment, and secondary process preliminary and final design.

In 2017, Trussell completed an evaluation and preliminary design that assessed the viability, benefits, and cost associated with retrofitting the existing aeration basins at the MWRF with biological selectors.

Anticipated operational and treatment benefits associated with the selectors include biological phosphorus removal and reductions in sludge bulking and chemical coagulant dosing for tertiary filtration. The design included the creation of anaerobic selector zones at the beginning of each aeration basin using nonstructural baffles; a compressed gas system was selected to provide mixing with minimal oxygen transfer.

Another component of the upgrade was the aeration equipment: the unreliable existing panels were recommended for replacement because they were no longer supplied by the manufacturer. Replacement fine bubble diffusers were selected. In 2019 Trussell developed design documents (i.e., specifications and drawings) for the diffusers, mixing system, and non-structural baffle retrofits. Finally, Trussell retained the services of Ewing Construction Services to create a Level 2 Opinion of Probable Construction Cost, so the Vallecitos Water District could secure an appropriate budget for the project and gauge bid submittals.

Trussell assisted VWD with review of bid submittals from contractors and provided engineering services during construction to ensure the design specifications and performance requirements were met.

In 2015, Trussell designed replacement granular media for the MWRF’s filters, developed the technical specifications, and provided construction and operations support during the media replacement.

Historically, high doses of coagulant were relied upon to meet Title 22 filter effluent turbidity limits. Trussell identified that the filter media was inadequately sized for effective turbidity removal, so a finer media consisting of sand and anthracite was selected. The media was sized to lower turbidity by achieving fluidization and stratification with the existing backwash rates. Upon determining the preferred media design, Trussell provided technical specifications that described the media and requirements for proper testing and installation. Trussell also performed sieve analyses on the replacement media prior to installation to ensure that it met the design specifications. Trussell provided technical support throughout the installation process by inspecting the underdrains, removing fines, and providing media installation procedures. The new media has reduced coagulant use by 95% and dramatically improved recycled water quality.

CLIENT
Rancho California Water District (Upper District)

PROJECT
Title: Santa Rosa Water Reclamation Facility
Aeration Evaluation
Date: 2015-2018

REFERENCE
Robert Avera, P.E.

Principal Engineer
42135 Winchester Rd.

Temecula, CA 92590
(951) 296-6900 ext. 6982

KEY PERSONNEL & RESPONSIBILITIES
26 11








Shane Trussell, Project Manager
• Project Management, Technical and Operational Support Brett Faulkner, Project Engineer
• Data Analysis, Operational Support, Biological Modeling

GENERAL WORK PERFORMED
Rancho California Water District (RCWD) owns and operates the Santa Rosa Water Reclamation Facility (SRWRF) in Murrieta, California. The SRWRF had sequencing batch reactors (SBR) that utilized jet aeration to treat approximately 2.8 MGD. Trussell Technologies Inc. (Trussell) used the wastewater modeling software GPS-X to evaluate the efficiency of the existing jet aeration equipment and estimate potential cost savings if the SBR jet aeration equipment were to be replaced. The evaluation showed potential for significant savings, improved process performance, and a substantial increase in treatment capacity from upgrading the aeration equipment to fine bubble diffusers, new blowers, and implementing DO control. Trussell procured equipment recommendations and cost estimates from three competing manufacturers for blower and fine bubble aeration equipment upgrades.

Trussell was retained by RCWD in an owner’s rep role to oversee the design and construction of the recommended aeration upgrade. Trussell performed revised modeling for peak conditions to determine required airflow and the appropriate blower sizing criteria that resulted in efficient operation at current conditions and handling of peak design loads in the future. Construction was completed in 2022 and a recent evaluation performed by Trussell showed over 30% energy savings from the upgrades and improved effluent water quality.

CLIENT
Kennedy Jenks/City of San Buenaventura

PROJECT
Title: Ventura Water Reclamation Facility MBR/UV
Project
Date: 2022-Present

REFERENCE
Linda Sumansky
VenturaWaterPure Program Director
336 Sanjon Road
Ventura, CA 93002

KEY PERSONNEL
Shane Trussell, Project Manager
• Project Management, Technical Support
Brett Faulkner, Project Engineer
• Data Analysis, Biological Modeling, Biological Process Design Fernanda Bacaro, Project Engineer
• Data Analysis, Biological Modeling

GENERAL WORK PERFORMED
The City of San Buenaventura (City) selected Kennedy Jenks and Trussell to develop the design for the upgrade and expansion of its existing Ventura Water Reclamation Facility (VWRF) to include improved biological nutrient removal (BNR) basins, membrane bioreactors (MBR), and ultraviolet (UV) disinfection.

Trussell is the process design lead on the project for the BNR, MBR, and UV processes. Trussell analyzed historical plant operating data to develop biological models of the facility improvements which served as the basis for basin sizing, blower sizing, aeration grid coverage, and chemical use for denitrification to 27 12








achieve stringent effluent nitrate criteria. Additional sampling is also being conducted on the existing primary effluent and centrate to better characterize the inputs and assumptions of the model (e.g., fractionations) and optimize the model and resulting biological design, as needed. Trussell is currently leading efforts for pre-selection of the MBR and UV equipment and will continue to lead the process design through the 30%, 60%, 90% and final design submittals.

CLIENT
San Elijo Joint Powers Authority

PROJECT
Title: San Elijo Water Reclamation Facility Operations Plan, Operational Support, Secondary Improvements, and Recycled Water Expansion
Date: 2008-Present

REFERENCE
Mike Thornton
General Manager
2695 Manchester Avenue
Cardiff-by-the-Sea, CA 92007
(760) 753-6203

KEY PERSONNEL
Shane Trussell, Project Manager
• Project Management, Technical Support
Brett Faulkner, Project Engineer
• Operational Support, Biological Modeling

GENERAL WORK PERFORMED
Since 2008, Trussell has worked with the San Elijo Joint Powers Authority (SEJPA) on an array of projects related to secondary process optimization, recycled water expansion design, tracer and disinfection studies, instrumentation trials and integration, reverse osmosis membrane procurement/installation, and potable reuse planning.

Trussell develop an operations plan in 2011 that established operational guidelines to optimize treatment at the San Elijo Water Reclamation Facility (SEWRF). Over two years of daily plant data and industry standards were analyzed to establish guidelines for operations staff to efficiently operate and manage the treatment plant. These guidelines have eliminated guesswork, minimized operational expenses, and improved process performance. Since implementing Trussell’s operations plan, the SEJPA has reduced filter aid (i.e., alum and polymer) usage by over 95%, eliminated return activated sludge (RAS) chlorination, and optimized the non-nitrifying biological process such that the secondary effluent has turbidity < 3 NTU year-round. Three subsequent updates have incorporated additional review of process data and refined operational guidelines to further optimize the facility’s performance and ensure it reflects the latest practices.

In 2018, Trussell oversaw a trial of online instrumentation to enhance secondary process controls at the SEWRF. Trussell provided technical assistance and guidance while the SEJPA tested online ammonia and nitrate analyzers and real-time controls. Trussell analyzed the data and provided the SEJPA with optimized parameters and new operational targets. Additionally, the SEJPA now has more dynamic control strategies that Trussell incorporated into the most recent update to the operations plan in 2020.

In 2022, Trussell conducted a capital improvement planning evaluation that developed four phases of facility upgrades that will allow SEJPA to pursue potable reuse. The planned upgrades include 1) secondary treatment upgrades to fully nitrify, 2) replacement of granular media filters with membrane filtration, 3) potable reuse, 4) potable reuse expansion. 28 13








SECTION VI: PROJECT SCHEDULE
The proposed project schedule is summarized by task below, assuming notice to proceed by July 1, 2023. Deliverables are identified by yellow stars. All dates and time frames are subject to change based on input from the City, vendors, and other construction constraints. "!"$ "!"#

 
 
 

 


   


 




































%")








&")








#"")










$
























































= Draft deliverable = Final deliverable
29 14
SECTION VII: COST DATA
Our proposed fee is summarized by task, with expected hours for each project team member, in the table below. Team members are identified by name, classification, and hourly rate. The costs associated with ‘subs’ represent a subcontracted electrical engineer who will complete the electrical portions of the technical specifications and design drawings. This individual will be identified once our team has been contracted for the project. The not-to-exceed total cost of $149,735 for the project is provided on the bottom line of the table and will be valid for a period of at least 90 days. *Cost includes 5% markup on ODCs.

Project Team Member Shane Trussell Brett Faulkner Rodrigo Tackaert Fernanda Bacaro Job Classification Principal Eng III Supervising Eng. II Senior Eng. III Senior Eng. II Hourly Billing Rate $ 330 $ 255 $ 220 $ 210
8 42 2 136 188 $42,350 $0 $500 $42,875
Identify engineering requirements for project 4 8 12 $2,700 $2,700Review existing technical information and process data 8 32 40 $8,760 $8,760Provide modeling for aeration basin airflow demands 2 8 40 50 $11,100 $11,100Identify proposed blower performance criteria and sizing 2 12 32 46 $10,440 $10,440Provide capital, utility, and operational cost estimates 2 8 20 30 $6,900 $6,900Conduct information and progress meetings with City staff 2 2 2 4 10 $2,450 $500 $2,975 12 52 148 28 240 $55,660 $20,000 $0 $75,660
Prepare 60% plans and specifications 4 24 80 16 124 $28,400 $15,000 $43,400Prepare 90% plans and specifications 2 12 32 4 50 $11,600 $3,000 $14,600Prepare 100% plans and specifications 2 8 16 4 30 $7,060 $2,000 $9,060Provide a Class 3 cost estimate for bidding purposes 4 8 20 4 36 $8,600 $8,600 4 30 58 4 96 $22,570 $0 $1,400 $24,040
Attend pre-bid meeting 2 2 2 6 $1,610 $200 $1,820Attend construction meetings 8 8 16 $3,800 $200 $4,010Review submittals & respond to RFIs 2 8 16 26 $6,220 $6,220Provide engineering support through construction 8 16 24 $5,560 $500 $6,085Update design drawings for As-Builts 4 16 4 24 $5,380 $500 $5,905 2 12 8 8 30 $7,160 $0 $0 $7,160
Budget tracking, invoicing, and monthly reporting 2 12 8 8 30 $7,160 $7,160 26 136 216 176 554 $127,740 $20,000 $1,900 $149,735 TOTAL 3 CONSTRUCTION SUPPORT SERVICES
4 PROJECT MANAGEMENT
ODCs* Total Cost *
1 PRELIMINARY DESIGN
Total
Cost Subs
2 FINAL DESIGN
Task Total Hrs








30 15








SECTION VIII: STATEMENT OF COMPLIANCE
Trussell Technologies declares that this proposal is in strict compliance with the Request for Proposal. Furthermore, no exceptions are proposed to the document.

SECTION IX: OTHER INFORMATION
The proposed project is a FRPELQHGHIIRUWZKHUHLQ Trussell is the lead participant with a subcontractor for electrical design. Once the contract is awarded, Trussell will secure an electrical engineer to complete the related electrical specifications and drawings for the blower design.

APPENDIX A: INSURANCE
Trussell carries professional liability insurance that is consistent with the requirements of the City’s Professional Services Agreement. A copy of the Certificate of Liability Insurance is provided on the next page.
31 ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

PRODUCER CONTACT
NAME:

PHONE FAX (A/C, No, Ext): (A/C, No):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $

PRO- POLICY LOC JECT PRODUCTS - COMP/OP AGG
OTHER: $

COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $

OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident) $

HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident) $
$

OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTHSTATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
11/18/2022
License # 0E67768
(626) 243-9135 52303 (626) 568-2886
20443
Trussell Technologies, Inc.
224 1 Fair Oaks Ave, Floor 2
Pasadena, CA 91103
20478
20494
20427
35378
A 2,000,000
B4031167437 11/15/2022 11/15/2023 300,000
10,000
2,000,000
4,000,000
4,000,000
Pollution Agg 4,000,000
B 1,000,000
BUA4031167454 11/15/2022 11/15/2023
C 4,000,000
B6014227764 11/15/2022 11/15/2023 4,000,000
10,000
D
WC431167504 11/15/2022 11/15/2023 1,000,000
1,000,000
1,000,000
E Professional Liab. MKLV5ENV103874 11/15/2022 Per Claim 2,000,000 E Professional Liab. MKLV5ENV103874 11/15/2022 11/15/2023 Aggregate 4,000,000 Evidence of Insurance
TRUSTEC-03 SMITHKI
IOA Insurance Services
130 Vantis
Suite 250
Aliso Viejo, CA 92656
Molly Johansing
[email protected]
Continental Casualty Company
National Fire Insurance Co of Hartford
Transportation Insurance Company
American Casualty Company of Reading, Pennsylvania
Evanston Insurance Company
X
11/15/2023
X
X
X
X
X
X
X
32 17








APPENDIX B: RESUMES
33 TRUSSELL TECHNOLOGIES, INC. | Brett Faulkner, P.E. Resume Brett Faulkner, P.E.

EDUCATION
• M.S., Environmental Engineering, San Diego
State University
• B.S., Civil Engineering, University of Colorado

REGISTRATION
• Civil Engineer, State of California – No. 87912

CERTIFICATION
• Grade III Wastewater Treatment Plant
Operator—Certificate Number 41525

SUMMARY
Brett Faulkner is a registered professional engineer
in the state of California with over thirteen years of
experience from numerous wastewater, recycled
water, and potable reuse projects. Mr. Faulkner’s
expertise is in water and wastewater treatment
processes with an emphasis on process design and
optimization. Mr. Faulkner also operated the City of
San Diego’s Pure Water Demonstration Facility
(PWDF) as a certified Grade 3 wastewater operator
in the State of California for over 2 years. The
PWDF has a production capacity of 1 MGD and
includes ozone, biologically activated carbon
filtration, membrane filtration, reverse osmosis, and
UV advanced oxidation. Mr. Faulkner is skilled in
GPS-X, a dynamic wastewater simulation modeling
software, and has utilized biological modeling to
assist in the evaluation, optimization, and/or sizing
of biological treatment processes at more than 10
facilities ranging from 3 to 300 MGD. Mr. Faulkner
currently provides routine operational support
and/or as-needed engineering services to 5
wastewater agencies.

PROJECT EXPERIENCE
Rancho California Water District
Title: SRWRF Aeration Evaluation and Blower
Replacment
Date: 2015-2018, 2023
%&

#
&)% 
+
)

*+) +



&.%*
%

&'
)+
*
+

%+
&*
+
)

#$+ &%

 # +/


%
,))
+

#
&)% 
),**
##


%&#&

*
%
),**
##
,*

+

.*+
.+
)

$&
# %

*&
+.)


+&

-#,+

+


%/

&

+

!
+

)+ &%

(, '$
%+
%

*+ $+

'&+
%+ #

&*+
*- %
*


+


)+ &%

(, '$
%+
.
)

+&



)
'#




-#,+ &%
*&.

'&+
%+ #

&)

*
%
%+
*- %
*
$')&-

')&
**
'
)
&)$%


%

*,*+%+ #
%)
*

%
+)
+$
%+
' +/

)&$
,'
) %

+


)+ &%

(, '$
%+
+&

%


,#



,*
)*
%
.
#&.
)*
%
$'#
$
%+ %


&%+)&#
),**
##
')&,)


(, '$
%+

)
&$$
%+ &%*
%
&*+

*+ $+
*

)&$
+)

&$'
+ %

$%,
+,)
)*

&)
#&.
)
%

%

,#



)+ &%

(, '$
%+
,'
)
*

),**
##
.*

)
+ %

/



%
%
&.%
)1*
)
'
)&#

+&
&-
)*

+


*
%
),**
##
'
)
&)$

)
- *

$&
# %


&)

'
"
&% + &%*
+&

+
)$ %

)
(, )

 )
#&.
%

+

'')&') +

#&.
)
* 0 %

) +
) 
++
)
*,#+

%


%+
&'
)+ &%
+
,))
%+
&% + &%*
%

%# %

&

'
"

*
%
#&*
%
+


,+,)


&%*+),+ &%
.*
&$'#
+

%

%

)

%+

-#,+ &%
'
)
&)$

/
),**
##
*&.

&-
)



%
)
/
*- %
*

)&$
+

,'
)
*
%
$')&-


#,
%+
.+
)
(,# +/


Project Engineer
San Elijo Joint Powers Authorities
Title: Process Optimization Plan and As Needed
Assistance
Date: 2008-Present
San Elijo Joint Powers Authority (SEJPA) owns and
operates the San Elijo Water Reclamation Facility
(SEWRF) in Cardiff By the Sea, California and
produces up to 3 MGD of recycled water. Trussell
Technologies worked with SEJPA to develop an
operations plan for the whole facility to improve
treatment, eliminate guesswork, and minimize the
operating cost of the SEWRF. Our staff also
provided the SEJPA with the conceptual design for
their 0.5 MGD MF/RO demineralization facility that
has been operating since 2013. Trussell
Technologies has also provided ongoing technical
support and recommendations for the MF and RO
operation and maintenance procedures. Our
recommendations to MF and RO operations
ensured that membrane processes operate stably
and are able to rebound in performance quickly
34 TRUSSELL TECHNOLOGIES, INC. | Brett Faulkner, P.E. Resume during any challenging water quality events. The
biological part of the operations plan resulted in
more consistent and effective biological treatment
that produces non-nitrified secondary effluent
typically below 3 NTU, and improvements to the
chemical dosing and feed logic that have reduced
alum and polymer use by over 95%. The operations
plan has been updated every few years to reflect
current plant performance and operating practices.

The most recent version of the operations plan was
updated in 2020. Trussell also provides as needed
engineering services to assist operations and
provide guidance and support.

Role: Project Engineer
Vallecitos Water District
Title: Aeration Basin Improvement Design
Date: 2018-2021
Trussell completed an evaluation and preliminary
design that assessed the viability, benefits, and cost
associated with retrofitting the existing aeration
basins at the Meadowlark Water Reclamation
Facility (MWRF) with biological selectors. There are
anticipated operational and treatment benefits
associated with the selectors, including biological
phosphorus removal and reductions in sludge
bulking and chemical coagulant dosing for tertiary
filtration. The anaerobic selector zones at the
beginning of each aeration basin were created
using non-structural baffles; a compressed gas
system provides mixing with minimal oxygen
transfer. Another component of the upgrade is the
aeration equipment: the unreliable existing panels
were replaced because they are no longer supplied
by the manufacturer. New fine bubble diffusers were
installed. Trussell also assisted with the
procurement of nitrate and TSS probes to provide
real-time process control and monitoring of the
activated sludge process. Brett lead the production
of final design documents (i.e., specifications and
drawings) that were developed for the diffusers,
mixing system, and non-structural baffles. Finally,
Trussell provided engineering services during
construction, which included responding to RFIs,
reviewing submittals, inspecting installation, and
coordinating equipment testing and startup.

Role: Project Manager, Design Lead
City of Santa Barbara
Title: Engineering Services for Membrane Filtration
Facility
Date: 2016-present
In the winter of 2015, the City of Santa Barbara
commissioned a 3-mgd tertiary facility to produce
recycled water using membrane filtration (MF). After
experiencing issues with MF production, the City
retained the services of Trussell to help ensure that
recycled water requirements can be reliably
achieved. Trussell has been working to analyze and
track wastewater process parameters at the El
Estero Wastewater Treatment Plant and has been
engaged in process operations in order to best
manage the feedwater quality supplying the MF
system. Trussell has also been involved in the
optimization of MF system cleaning procedures and
has led discussions between the City and the MF
system supplier to implement modifications and
improvements to the MF system. Trussell continues
to be involved in routine operational support for the
facility where process optimization and
implemented modifications have led to the reliable
achievement of MF production requirements.

Routine support is provided through an as needed
engineering services contract and includes monthly
analysis of all process and water quality data and
calls with operations staff to discuss the treatment
performance and determine operational
recommendations.

Role: Project Engineer
City of San Diego Water Planning Department
Title: Implementation of Extended Testing of
Advanced Water Purification Facility (AWPF)
Date: 2013-2015
Mr. Faulkner operated and conducted testing of
additional advanced treatment barriers specific to
potable reuse using the City’s 1 MGD Pure Water
Demonstration Facility. The project team built upon
a National Water Research Institute (NWRI) Panel’s
recommendations for treatment and monitoring
needs associated with potable reuse. Ozone and
biologically activated carbon (BAC), applied
upstream of MF/UF and RO, was investigated as a
means of providing additional disinfection credits for
virus and protozoa, removing contaminants of
emerging concern (CECs), and potentially reducing
organic fouling of the membrane systems. Mr.

Faulkner was the lead operator for the extended
testing project, performed the majority of
maintenance and repairs for the facility, and was
available on-call to address and troubleshoot any
operational issues through the duration of the
project.

Role: Project Engineer/Operator
35 TRUSSELL TECHNOLOGIES, INC. | Shane Trussell, Ph.D., P.E., BCEE Resume Shane Trussell, Ph.D., P.E.,
BCEE

EDUCATION
• Ph.D. Civil and Environmental Engineering,
University of California, Berkeley
• M.S., Civil and Environmental Engineering,
University of California, Los Angeles
• B.S., Chemical Engineering, University of
California, Riverside

REGISTRATION
• Civil Engineer, State of California-No. 66887

CERTIFICATIONS
• Board Certified Environmental Engineer,
American Academy of Environmental
Engineers – No. 11-10042
Specialty: Water Supply & Wastewater

SUMMARY
R. Shane Trussell is the President and Chief
Executive Officer of Trussell Technologies,
Inc. Dr. Trussell is a registered Civil Engineer
in the State of California with more than 20
years of hands-on experience with the
processes used to treat water, wastewater,
and potable reuse. Dr. Trussell has extensive
involvement in numerous potable reuse
projects throughout the state, ranging from
feasibility studies and pilot testing to design
and regulatory permitting. Dr. Trussell led two
major research efforts funded by the
WateReuse Research Foundation (now Water
Research Foundation): WRRF 11-02
(Equivalency of Advanced Treatment Trains
for Potable Reuse) and WRRF 14-12
(Demonstrating Redundancy and Monitoring
to Achieve Reliable Potable Reuse), with a
combined project budget total of $3.4 million,
to advance the implementation of potable
reuse in California. Recently, the State Water
Board selected Dr. Trussell to co-lead a statefunded project to evaluate strategies for dealing with peaks of chemical contaminants.

The State Board is now using the findings
from this research to develop statewide
regulations for DPR. Dr. Trussell is an industry
leader in potable reuse and developing water
supplies, leading innovative, effective
engineering and research projects throughout
California.

PROJECT EXPERIENCE
City of Buenaventura / Kennedy Jenks
Ventura Water Reclamation Facility MBR/UV
Project
Date: 2022-present
!

"-2
(
'

.
'/
'-.+
"-2
,
%

-


''

2

'$,
'

+.,,
%%
-(

/
%()
-!

," '
(+
-!

.) +

'


1)',"('
(
"-,

1",-"'

'-.+
-
+


%&-"('

"%"-2


-(
"'
%.

"&)+(/

"(%( "
%
'.-+"
'-

+
&(/%


,"',
&
&+'

"(+

-(+,



'

.%-+/"(%
-


","'

-"('
+.,,
%%

",
-!

)+(

,,

," '
%


('
-!

)+(#

-
(+
-!




'


)+(

,,
,
+.,,
%%

'%23

!",-(+"
%
)%'-
()
+-"'

-
-(

/
%()
"(%( "
%
&(

%,
(
-!


"%"-2

"&)+(/
&
'-,
0!"
!
,
+/

,
-!

,",
(+

,"'
,"3"' 
%(0
+
,"3"' 

+-"('
+"

(/
+

'


!
&"
%
.,

(+

'"-+""
-"('
-(


!"
/

,-+"'
'-

%.
'-
'"-+-


+"-
+"

"-"('%
,&)%"'
",
%,(

"'

('
.
-

('

-!


1",-"'
)+"&+2

%.
'-
'

'-+-

-(


--
+

!+
-
+"3

-!

"').-,
'

,,.&)-"(',

(
-!

&(

%

 
+
-"('-"(',
'

()-"&"3


-!

&(

%
'

+
,.%-"'
"(%( "
%

," '
,

'


+.,,
%%
",

.++
'-%2
%

"'

(+-,
(+

)+
,
%

-"('
(
-!



'



*.")&
'-
'


0"%%

('-"'.

-(
%


-!

)+(

,,

," '
-!+(. !

-!






'

"'%

," '
,.&"--%,
Role: Project Manager
Vallecitos Water District
Aeration Basin Improvement Design
Year: 2018 - 2021
Trussell completed an evaluation and
preliminary design that assessed the viability,
benefits, and cost associated with retrofitting the
existing aeration basins at the Meadowlark
Water Reclamation Facility (MWRF) with
biological selectors. To do this, biological
modeling was performed. Anticipated
36 TRUSSELL TECHNOLOGIES, INC. | Shane Trussell, Ph.D., P.E., BCEE Resume operational and treatment benefits associated
with the selectors include biological phosphorus
removal and reductions in sludge bulking and
chemical coagulant dosing for the tertiary filters.

The anaerobic selector zones at the beginning
of each aeration basin were created using nonstructural baffles; a compressed gas system provides mixing with minimal oxygen transfer.

Another component of the upgrade was the
aeration equipment: the previous panels were
replaced because they were unreliable and no
longer supplied by the manufacturer. New fine
bubble diffusers were also installed. Trussell
assisted with the procurement of nitrate and total
suspended solids probes to provide real-time
process control and monitoring of the activated
sludge process. In addition, Trussell developed
final design documents (i.e., specifications and
drawings) for the diffusers, mixing system, and
non-structural baffles. During construction,
Trussell provided engineering services including
responding to requests for information,
reviewing submittals, inspecting installation, and
coordinating equipment testing and startup.

Role: Technical Advisor
City of San Diego/Stantec
Title: Pure Water San Diego Program
Year: 2015-present
Trussell is part of a consulting team including
Stantec (formerly MWH) and Brown and
Caldwell, and working with the City of San Diego
to implement the Pure Water Program. The goal
of the Pure Water Program is to develop a 30-
mgd capacity potable reuse water purification
facility that is operational by 2025, and with a long
term goal of having one-third of San Diego’s
drinking water supply (approximately 83 mgd) be
purified potable reuse water. Trussell is currently
supporting this effort with regulatory guidance for
permitting potable reuse facilities for source water
augmentation, predesign of the North City
Advanced Water Purification Facility (NCAWPF)
for two treatment train options, and prequalification and pre-selection testing for major equipment capital purchases including the
microfiltration/ultrafiltration (MF/UF), reverse
osmosis (RO), and ultraviolet light/advanced
oxidation process (UV/AOP) systems. Dr.

Trussell is leading the regulatory effort, including
interfacing with the independent project advisory
panel and working with experts and the City to
develop a sound strategy for permitting the future
facilities.

Role: Project Manager
San Elijo Joint Powers Authority
San Elijo Water Reclamation Facility Operations
Plan, Operational Support, Secondary
Improvements, and Recycled Water Expansion
Year: 2008-present
Since 2008, Trussell has worked with the San
Elijo Joint Powers Authority (SEJPA) on an array
of projects related to secondary process
optimization, recycled water expansion design,
tracer and disinfection studies, instrumentation
trials and integration, reverse osmosis
membrane procurement/installation, and potable
reuse planning. Trussell develop an operations
plan in 2011 that established operational
guidelines to optimize treatment at the San Elijo
Water Reclamation Facility (SEWRF). Over two
years of daily plant data and industry standards
were analyzed to establish guidelines for
operations staff to efficiently operate and
manage the treatment plant. Three subsequent
updates have incorporated additional review of
process data and refined operational guidelines
to further optimize the facility’s performance and
ensure it reflects the latest practices. Additional
efforts include support for a trial of online
instrumentation to enhance secondary process
controls at the SEWRFand a capital
improvement planning evaluation that developed
four phases of facility upgrades that will allow
SEJPA to pursue potable reuse. The planned
upgrades include 1) secondary treatment
upgrades to fully nitrify, 2) replacement of
granular media filters with membrane filtration,
3) potable reuse, 4) potable reuse expansion.

Role: Project Manager
37 TRUSSELL TECHNOLOGIES, INC. | Fernanda Baccaro Resume Fernanda Baccaro

EDUCATION
•B.S.E, Environmental Engineering, Sao
Paulo State University (UNESP), Rio Claro,
SP, Brazil 2016
•M.S., Civil & Environmental Engineering,
University of Nevada Las Vegas (UNLV) 2018

SUMMARY
Fernanda Baccaro has a B.S. in Environmental
Engineering from the Sao Paulo State University,
Brazil and a M.S. in Civil and Environmental
Engineering from the University of Nevada, Las
Vegas. Her master’s thesis was focused on
alternative potable reuse treatment processes such
as ozone and biofiltration. She operated a pilotscale ozone biofiltration system to assess its feasibility towards bulk organic matter removal and
disinfection by-products (NDMA specifically)
mitigation, including upon final chloramination. Her
work also included the use of microbiology and
molecular biology techniques to understand NDMA
abatement during biofiltration. At Trussell, Mrs.

Baccaro worked on many field- and laboratorybased projects, where she performed several laboratory analyses for water quality, simulated
bench- and small-scale treatment processes, and
operated an advanced treatment plant for potable
reuse. Currently, her work is mostly focused on
biological wastewater treatment processes and
water reuse.

PROJECT EXPERIENCE
Ventura Water Reclamation Facility
MBR and UV Disinfection Project
Year: 2022 – current
The Ventura Water Reclamation Facility (VWRF) is
looking to upgrade their facility and include
membrane bioreactors (MBRs) as the seondary
treatment process and UV disinfection to replace
its chlorine process. Mrs. Baccaro has been
involved in the design of the secondary treatment
process, using modeling softwares to size the
biological system as well as the air system and
predict chemical consumption. The results of the
moeling will dictate the design of the future new
secondary treatment at the facility.

Role: Project Engineer
Hyperion Water Reclamation Plant
Year: 2022 – current
The Hyperion Water Reclamation Plant (HWRP) is
planning to add potable reuse to its portfolio and
reuse all of its future wastewater effluent by 2035.

Trussell has been contracted by the Los Angeles
Sanitation anf Environment (LASAN) to perform a
series of projects for HWRP.

A pilot-scale membrane bioreactor (MBR) plant will
be istalled at HWRP to test different membrane
products and understand the pathogen removal
dynamics by the MBRs. Mrs. Baccaro was involved
in the planning of the microbiological tests and
procedures for this phase of HWRP’s reuse plan.

She has also been involved in the preliminary
design of the proposed reuse facilitites for both
direct potable reuse (DPR) and indirect potable
reuse (IPR), particularly in the post treatment
processes.

Trussell has also been part of the team contracted
by LASAN to investigate possible sources of odor
at HWRP that led to complaints by the dwellers
nearby the facility. As part of this investigation,
Trussell is performing analysis of the treatment
processes at HWRP and evaluating their
performances. Trussell will propose strategies to
improve HWRP’s treatment processes that could
lead to less odor formation at the plant and
consequently, less odor compalints.

Role: Project Engineer
Metropolitan Water District of Southern
California
Regional Recycled Water Advanced Purification
Center
Year: 2019 – 2021
Metropolitan Water District of Southern California
(MWD), in collaboration with Los Angeles County
Sanitation District (LACSD), is looking for droughtproof water supplies in the Great Los Angeles Area. Trussell has been chosen to lead operation
and testing efforts for an initial demonstration plant
with a 0.5 million gallon per day (mgd) capacity.
38 TRUSSELL TECHNOLOGIES, INC. | Fernanda Baccaro Resume Once built, the future full-scale Pure Water
Southern California (PWSC) will be the largest
recycled water plant in the world, with a 160mgd
capacity. The processes employed at the PWSC
demonstration facility include tertiary membrane
bioreactors (tMBRs) in nitrification mode, reverse
osmosis (RO), and ultraviolet light coupled with
advanced oxidation processes (UV/AOP). Due to
the uniqueness of these processes and given that
current regulations in California are inexistent for
these processes, this project’s success will dictate
the development of regulatory requirements for
MBRs in water reuse projects in the State. Mrs.

Baccaro’s responsibilities in this project were (1)
the daily operations of the demonstration plant, (2)
supporting the testing and monitoring efforts, (3)
supporting preventive maintenance of major
equipment, (4) supporting data management and
analysis.

Role: Project Engineer/Operator
Terminal Island Water Reclamation Plant
Indirect Potable Reuse Full Advanced Treatment
Demonstration
Year: August 2018 – 2019, 2021
This innovative advanced water purification project
is the first in the world to use sodium hypochlorite
as the oxidant for ultraviolet irradiation coupled
with advanced oxidation processes (UV/AOP). The
unique characteristics of the water at Terminal
Island Water Reclamation Plant (TIWRP) along
with the potency of hypochlorite as an oxidant
culminated in the plant exceeding limits for
bromate. Trussell was hired to conduct bench- and
full-scale experiments to understand bromate
formation in the UV/AOP process as well as to
solve the bromate issue. During the field studies,
other peculiarities were noticed by the team
regarding water quality and operations, and further
improvements were suggested for overall better
treatment performance.

Mrs. Baccaro, along with other team members,
performed several bench- and field-scale tests and
analyzed the data generated along with
operational data for this troubleshooting.

TIWRP final water is bought by different clients,
therefore, the stabilization process post advanced
treatment had to be carefully revised to fulfill the
needs of the different clients while complying with
current regulations. Mrs. Baccaro analyzed the
water quality data, pre and post stabilization
treatment, and helped TIWRP make decisions for
their end use consumer satisfaction.

In 2020, TIWRP hired Trussell to support
optimization of their secondary treatment aiming
better ammonia removal, which impacts their full
advanced treatment processes. Mrs. Baccaro
supported data management and analysis.

Role: Project Engineer
Donald C. Tillman Water Reclamation Plant
Recycled Water Purification Pilot
Year: 2018 – 2019
The City of LA is looking for alternative and reliable
water supplies. The Los Angeles Sanitation &
Environment (LASAN) Donald C. Tillman Water
Reclamation Plant (DCTWRP) constructed a
potable reuse pilot employing several different
treatment technologies to purify reclaimed water.

The pilot received tertiary effluent and consisted of
ozone and biological activated carbon (BAC),
membrane filtration (MF), reverse osmosis (RO),
ultraviolet light (UV) and soil aquifer treatment
(SAT), in different configurations.

Several bench- and pilot-scale tets were performed
in order to address an array of current potable
reuse challenges. Some of these tests were (i)
preformed chloramines to mitigate bromate
formation upon ozonation; (ii) collimated beam
testing to replicate UV photolysis of contaminants
of emerging concern (CECs); (iii) rapid small-scale
column testing (RSSCT) to quickly analyze
granular activated carbon (GAC) breaktrough of
organics such as total organic carbon (TOC) and
per- and polyfluoroalkyl substances (PFAS) to
predict full-scale breaktrough; among others.

Mrs. Baccaro has been involved also in the
analysis of the plant’s processes performances
and on the optimization of the processes.

Role: Project Engineer
39 TRUSSELL TECHNOLOGIES, INC. | Rodrigo A. Tackaert, P.E. Resume Rodrigo A. Tackaert, P.E

EDUCATION
• M.Sc., Environmental Engineering,
Technical University of Munich
• B.S., Chemical Engineering, University of
California, San Diego

REGISTRATION
• Civil Engineer, State of California – No.
90651

CERTIFICATION
• State of California Grade III Wastewater
Operator – No. 43566
•CA-NV AWWA Grade V Advanced Water
Treatment Operator – No. 153

SUMMARY
Rodrigo Tackaert is a registered Civil
Engineer in the State of California, a certified
Grade III Wastewater Operator, and certified
Grade V Advanced Water Treatment
Operator, with seven years of experience.

He holds a B.S. in Chemical Engineering
from the University of California at San Diego
and a M.Sc. in Environmental Engineering
from the Technical University of Munich,
Germany. Mr. Tackaert has been engaged in
the design of multiple recycled water and
potable reuse projects as well as
optimization of monitoring strategies,
evaluation of treatment train performance,
and execution of pilot testing for product prequalification. He has vast experience with membrane treatment processess, including
MF and RO. Mr. Tackaert incorporates his
operational expertise to provide utilities with
designs that serves the intended function
while keeping the operator experience in
mind.

PROJECT EXPERIENCE
City of San Diego Pure Water Program
Title: Implementation of up to 83 MGD of
Potable Reuse by 2035
Year: 2015 – present
Pure Water San Diego is the City’s 20-year
program to provide a safe, secure and
sustainable local drinking water supply for
San Diego. This project builds upon 10+
years of operation and testing of the 1.0
MGD Pure Water Demonstration Facility
(PWDF) located at North City Water
Reclamation Plant. The facility employs fulladvanced treatment train (MF, RO, UV/AOP) with a pre-treatment process consisting of
ozone and biologically active carbon (BAC).

Trussell Technologies is partnered with
Brown and Caldwell and Stantec to develop
design of the full-scale AWP facilities for
Phase 1 and Phase 2 of the program. Mr.

Tackaert has been involved with multiple
aspects of the program, including design and
procurement of the 42 MGD MF system and
operation and maintenance of the 1.0 MGD
PWDF. He is also involved with the design of
the MF and RO systems for the small-scale
facility being constructed to inform the Phase
2 full-scale facility.

Role: Project engineer
City of San Diego South Bay Water
Reclamation Plant
Title: Design of MF/RO System
Year: 2022 – present
South Bay Water Reclamation Plant
(SBWRP) is a 15 MGD capacity facility that
produces recycled water for local customers.

Trussell Technologies is performing a
design-bid-build project of a MF/RO system
that will replace the existing trailer mounted
Electrodialysis Reversal (EDR) units for
40 TRUSSELL TECHNOLOGIES, INC. | Rodrigo A. Tackaert, P.E. Resume demineralization purposes. Mr. Tackaert is
serving as the MF/RO design lead to provide
a MF/RO system that will bring ease of
operation to City staff and that reliably meets
its treatment goals.

Role: Project Engineer
City of San Clemente Water Reclamation
Plant
Title: Engineering and Design Services for
Recycled Water Quality Improvement
Year: 2022 – present
The City of San Clemente Water
Reclamation Plant (CSCWRP) operates a
facility with a tertiary effluent capacity of 5
million gallons per day (MGD). This plant is
responsible for producing recycled water to
meet the needs of local customers who have
specific effluent limitations. As part of a
design-bid-build project, Trussell
Technologies has been appointed as the
process lead subconsultant. Trussell
Technologies is tasked with designing a 1.2
MGD product MF/RO system. This system
will function as a side-stream tertiary
treatment system, working alongside the
existing infrastructure, in order to reduce the
overall level of total dissolved solids (TDS) in
the recycled water. The primary objective is
to ensure that the water meets the specific
requirements and standards of the City while
reliably achieving the established treatment
goals. Leading the process design and
implementation of the MF/RO system is Mr.

Tackaert. His role is to develop a system that
aligns with the City's standards, adheres to
regulatory guidelines, and consistently
delivers the desired treatment outcomes.

Role: Project Engineer
Padre Dam Municipal Water District
Title: East County Advanced Water
Purification Program
Year: 2014 - present
Padre Dam and its partners established the
East County Joint Powers Authority (JPA) to
undertake the East County Advanced Water
Purification Program. This Program will use
state-of-the-art technology to purify East San
Diego County’s recycled water to produce up
to 30 percent of East County’s drinking water
supply. Trussell Technologies has been part
of the Program since 2014, with the design
and operational support of the 100,000 gpd
demonstration facility to demonstrate
treatment effectiveness and support
development of the 11.5 MGD full-scale
AWPF consisting of MF/RO and UV/AOP.

Trussell continues to provide technical
support related to regulatory support and
permitting. Mr. Tackaert was also project
engineer of a study that evaluated high
recovery for the reverse osmosis system
conducted at the demonstration facility. The
findings from the study informed the RO
technology and recovery for the design of the
future full-scale AWPF.

Role: Project Engineer
Carmel Area Wastewater District
Title: Membrane Filtration and Reverse
Osmosis Operational Support
Year: 2018 – present
Trussell Technologies documents MF and
RO process performance, analyzes data
independently, and aids CAWD in
implementing improvements for increased
recycled water production capacity and
process reliability. Trussell offers technical
recommendations through review of MF and
RO data, water quality, maintenance.

Role: Project engineer
41 1
55452.01100\31193624.5
EXHIBIT “B”

SCHEDULE OF SERVICES
Consultant shall perform the Services according to the following schedule:
42 13








SECTION VI: PROJECT SCHEDULE
The proposed project schedule is summarized by task below, assuming notice to proceed by July 1, 2023. Deliverables are identified by yellow stars. All dates and time frames are subject to change based on input from the City, vendors, and other construction constraints. "!"$ "!"#

 
 
 

 


   


 




































%")








&")








#"")










$
























































= Draft deliverable = Final deliverable
43 55452.01100\31193624.5
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 the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

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:
44 55452.01100\31193624.5
(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.

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.
45 55452.01100\31193624.5

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 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 46 55452.01100\31193624.5
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.

47 55452.01100\31193624.5
EXHIBIT “D”

COMPENSATION
In complete compensation for Consultant’s Services under this Agreement, City shall pay Consultant the following hourly rates for services actually performed:

Total compensation under this Agreement shall not exceed one hundred forty-nine thousand, seven hundred thirty-five ($149,735) as the guaranteed maximum price for the Consultant to complete the Services to the City’s satisfaction.

There are no reimbursable expenses under this Agreement. 48 14
SECTION VII: COST DATA
Our proposed fee is summarized by task, with expected hours for each project team member, in the table below. Team members are identified by name, classification, and hourly rate. The costs associated with ‘subs’ represent a subcontracted electrical engineer who will complete the electrical portions of the technical specifications and design drawings. This individual will be identified once our team has been contracted for the project. The not-to-exceed total cost of $149,735 for the project is provided on the bottom line of the table and will be valid for a period of at least 90 days. *Cost includes 5% markup on ODCs.

Project Team Member Shane Trussell Brett Faulkner Rodrigo Tackaert Fernanda Bacaro Job Classification Principal Eng III Supervising Eng. II Senior Eng. III Senior Eng. II Hourly Billing Rate $ 330 $ 255 $ 220 $ 210
8 42 2 136 188 $42,350 $0 $500 $42,875
Identify engineering requirements for project 4 8 12 $2,700 $2,700Review existing technical information and process data 8 32 40 $8,760 $8,760Provide modeling for aeration basin airflow demands 2 8 40 50 $11,100 $11,100Identify proposed blower performance criteria and sizing 2 12 32 46 $10,440 $10,440Provide capital, utility, and operational cost estimates 2 8 20 30 $6,900 $6,900Conduct information and progress meetings with City staff 2 2 2 4 10 $2,450 $500 $2,975 12 52 148 28 240 $55,660 $20,000 $0 $75,660
Prepare 60% plans and specifications 4 24 80 16 124 $28,400 $15,000 $43,400Prepare 90% plans and specifications 2 12 32 4 50 $11,600 $3,000 $14,600Prepare 100% plans and specifications 2 8 16 4 30 $7,060 $2,000 $9,060Provide a Class 3 cost estimate for bidding purposes 4 8 20 4 36 $8,600 $8,600 4 30 58 4 96 $22,570 $0 $1,400 $24,040
Attend pre-bid meeting 2 2 2 6 $1,610 $200 $1,820Attend construction meetings 8 8 16 $3,800 $200 $4,010Review submittals & respond to RFIs 2 8 16 26 $6,220 $6,220Provide engineering support through construction 8 16 24 $5,560 $500 $6,085Update design drawings for As-Builts 4 16 4 24 $5,380 $500 $5,905 2 12 8 8 30 $7,160 $0 $0 $7,160
Budget tracking, invoicing, and monthly reporting 2 12 8 8 30 $7,160 $7,160 26 136 216 176 554 $127,740 $20,000 $1,900 $149,735 TOTAL 3 CONSTRUCTION SUPPORT SERVICES
4 PROJECT MANAGEMENT
ODCs* Total Cost *
1 PRELIMINARY DESIGN
Total
Cost Subs
2 FINAL DESIGN
Task Total Hrs








49 55452.01100\31193624.5
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.
50 55452.01100\31193624.5
Dated: ________________________, 20____
Trussell Technologies, Inc., a California
corporation
(“CONSULTANT”)
By:

It’s
R.6KDQH TrusselO
Chief Executive Officer
224 N Fair Oaks Avenue, FL 2
Pasadena, CA 91103
51 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: September 14, 2023 Agenda Item: 7N
Department: Public Works
Prepared By Shawn Ryan, Senior Civil Engineer
Subject:

CONSIDERATION OF A RESOLUTION AWARDING A PROFESSIONAL CONSULTANT SERVICES AGREEMENT TO PACIFIC ADVANCED CIVIL ENGINEERING INC. FOR

ENGINEERING CONSULTING SERVICES FOR THE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT, CIP PROJECT NO. 13202; AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT
Fiscal Impact:

Yes. The proposed agreement in an amount not to exceed $151,665 is within the approved project budget of $200,000 from the Sewer Fund Depreciation Reserve, Account No. 054-476- 45300-000-13202.

Summary:

This is a Professional Consultant Services Agreement (PCSA) for an engineering consultant to provide preliminary design review, final design and construction support services to replace two grit classifiers, screw conveyors, and grit pumping systems at the San Clemente Water Reclamation Plant (WRP) for the Headworks Grit Cyclone Replacement Project.

Before the City Council is the approval of a Professional Consultant Services Agreement with Pacific Advanced Civil Engineering, Inc., in an amount not to exceed $151,665, for engineering consulting services for the Headworks Grit Cyclone Replacement Project.

Background:

The City currently has two aerated grit tanks, two grit classifiers, and two screw conveyors to separate rock, sand and grit from the screened wastewater, in the WRP. The current system is coming to the end of its useful life and is in need of significant repairs. The project will include an evaluation of alternative technology, the airflow requirements, and Computational Fluid Dynamics (CFD) modeling of the current aerated grit tanks.

Discussion:

The City initiated requests for proposals (RFP) in June 2023 for the above design work.

Proposals were solicited via the PlanetBids website. Staff is not aware of local companies who might be qualified to perform the work. Following the end of the solicitation, on July 17, 2023, the City received a total of two (2) proposals from qualified firms, Lee + Ro and Pacific Advanced Civil Engineering.
1 Meeting Date: September 14, 2023 Agenda Item: 7N

CITY OF SAN CLEMENTE
Firm Name Proposal Amount

1. Lee + RO $147,624

2. Pacific Advanced Civil Engineering $151,665
City staff reviewed the submittals (none of which were from local companies) at length and determined that Pacific Advanced Civil Engineering, Inc (with a principal place of business in California in the City of Fountain Valley) provided the best approach for the Headworks Grit Cyclone Replacement Project and their fee is fair and reasonable. Fee proposals from Lee + Ro and Pacific Advanced Civil Engineering, Inc. ranged from $147,624 to $151,665, respectively.

Pacific Advanced Civil Engineering, Inc. is very familiar with the City of San Clemente’s WRP, and staff believes that they will provide excellent services for the Headworks Grit Cyclone Replacement Project.

Council Options:
● Adopt Resolution No. 23-103, awarding a Professional Consultant Services Agreement to Pacific Advanced Civil Engineering, Inc., and authorizing the City Manager to execute the agreement in an amount not to exceed $151,665.
● Adopt Resolution No. 23-103, with modifications.
● Do not adopt Resolution No. 23-103.
● Continue the item and direct staff to provide additional information.

Environmental Review/Analysis:

The work under this Professional Consultant Services Agreement is not a “project” under the California Environmental Quality Act (CEQA).

Recommended Actions:

Staff Recommendation
Adopt Resolution 23-103, which would:

1. Award a Professional Consultant Services Agreement to Pacific Advanced Civil Engineering, Inc. for engineering consulting services for the Headworks Grit Cyclone Replacement Project, CIP Project No. 13202; and

2. Authorize the City Manager to execute the Agreement in an amount not to exceed $151,665. ..end
Attachment:

1. Resolution 23-103

2. Professional Consultant Services Agreement with Pacific Advanced Civil Engineering, Inc.

Notification:

All bidders.
2 ATTACHMENT 1
RESOLUTION NO. 23-103

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
TO PACE ADVANCED CIVIL ENGINEERING, INC. FOR

ENGINEERING CONSULTING SERVICES FOR THE

HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT,
CIP PROJECT NO. 13202, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, on June 15, 2023, the Engineering Division solicited proposals from qualified firms to provide engineering consulting services for the Headworks Grit Cyclone Replacement Project, CIP Project No. 13202; and
WHEREAS, on July 17, 2023, the City of San Clemente received two (2) proposals from qualified firms LEE + RO and Pacific Advanced Civil Engineering; and WHEREAS, City staff reviewed the submitted proposals and determined Pace Advanced Engineering, Inc. provided the best approach for the Headworks Grit Cyclone Replacement Project; and
WHEREAS, the fee proposal from Pace Advanced Engineering, Inc. is fair and reasonable.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

Section 1. Recitals. The above recitals are considered findings by the City Council and incorporated into the body of this resolution.

Section 2. A Professional Consulting Services Agreement is hereby awarded to Pace Advanced Civil Engineering, Inc. for engineering consulting services for the Headworks Grit Cyclone Replacement Project, CIP Project No. 13202.

Section 3. The City Manager is authorized to execute the Agreement in an amount not to exceed $151,665 in a form substantially similar to that presented to the City Council on September 14, 2023.

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 ____________________, 2023. 3 Resolution No. 23-103 Page 2
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, 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:
___________________________
Elizabeth A. Mitchell, City Attorney
4 1
55452.01100\31193624.5

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 Pacific Advanced Civil Engineering, Inc., a california corporation, with its principal place of business at 17520 Newhope Street, Ste 200, Fountain Valley, California 92708 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

2.2 Project.

City desires to engage Consultant to render such professional engineering consulting services for the HEADWORKS GRIT CYCLONE REPLACEMENT 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 engineering consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from October 15, 2023 until the services are complete to the satisfaction of the City, unless earlier terminated as provided herein.

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. 5 2
55452.01100\31193624.5
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: Robert Murphy, PE, Senior Project Manager.

3.2.6 City's Representative. The City hereby designates Shawn Ryan, Senior Civil Engineer, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.7 Consultant's Representative. Consultant hereby designates Robert Murphy, PE, Senior Project Manager, or his/her designee, to act as its representative for the 6 3
55452.01100\31193624.5
performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

3.2.9 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

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

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall 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 7 4
55452.01100\31193624.5
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 one hundred and fifty-one thousand six hundred sixty-five ($151,665) 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.

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. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and Since the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties 8 5
55452.01100\31193624.5
upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

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

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and 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:
9 6
55452.01100\31193624.5
Consultant: Pacific Advanced Civil Engineering, Inc.
17520 Newhope Street, Ste 200
Fountain Valley, CA 92708
ATTN: Robert Murphy, PE, Senior Project Manager
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Shawn Ryan, Senior Civil Engineer
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 City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the ’roject 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. 10 7
55452.01100\31193624.5
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 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.
11 8
55452.01100\31193624.5

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 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 12 9
55452.01100\31193624.5
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/Electronic Signatures. This Agreement may be signed in counterparts, each of which shall constitute an original. This Agreement may be signed electronically with the same force and effect as an original ink signature.

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.
[SIGNATURES ON FOLLOWING PAGE]
13 10
55452.01100\31193624.5
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:________________________________
Andy Hall, City Manager
ATTEST:
______________________________ Dated: ____________________, 2023 CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization
Pacific Advanced Civil Engineering,
Inc., a california corporation
(“CONSULTANT”)
By: ___________________________
Cory M. Severson, Chief Executive
Officer
Dated: __________________, 2023
By: ___________________________
Mark E Krebs, Secretary and Chief
Financial Officer
Dated: __________________, 2023

14 11
55452.01100\31193624.5
EXHIBIT "A"

SCOPE OF SERVICES
Consultant shall perform the following services (“Services”):

15 16
PROFESSIONAL ENGINEERING DESIGN .,.., PROPOSAL FOR THE CITY OF SAN Cl!EIVlENliE ____,
ie.r"':.~ ,.. .... ..,_,... .,:;,.;~•
PREPARED FOR:

Attn: Mr. Shawn Ryan Senior Civil Engineer
City of San Clemente
910 Calle Negocio, Suite 100
San Oemente, CA 92673
PREPARED BY:

PACE
Advanced Wdtu Enginnrin9
J r,.. ( \.; t i
17520 Newhope Street, Suite 200
Fountain Valley, CA 92708
714.481.7300 I www.pacewater.co

COVER LETTER
BACKGROUND AND APPROACH ....................................... 1 METHODOLOGIES .............................................................................. 2 WORK PLAN .............................................................................................. 3

PROJECT ORGANIZATION AND STAFFING
About PACE ............................................................................................................... 8 Team's Key Qualifications ......................................................................................... 9 Subconsultants .......................................................................................................10 Project Management / QA/QC ................................................................................10 Organization Chart .................................................................................................12 Team Member Hours and Availability .....................................................................13 Resumes .................................................................................................................14 Support Required from City Staff ........................................................................... 27 RELATED EXPERIENCE ............................................................... 28 References ............................................................................................................. 34 PROJECT SCHEDULE ................................................................... 35 COST DATA ............................................................................................. 36 STATEMENT OF COMPLIANCE .......................................... 37 OTHER INFORMATION ................................................................. 17 38
cont
e
nts
July 17, 2023
Mr. Shawn Ryan Senior Civil Engineer
City of San Clemente, 910 Calle Negocio, Suite 100 | San Clemente, CA 92673 The City of San Clemente is seeking a highly qualified team of engineering design professionals to provide the design and support during construction of the removal and the replacement of their aging grit removal system. The existing grit removal system consists of two spiral aerated grit chambers, blowers, grit pumps, and a grit classifier.

Our team has prepared the enclosed proposal, including initial thoughts on design approach strategies to most efficiently execute the project.

Re: Professional Engineering Services Design Proposal for the

HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT
6 ADVANCED UNDERSTANDING OF HEADWORKS SCREENING, GRIT REMOVAL AND EXTRACTION, AND GRIT WASHING/CLASSIFICATION SYSTEMS Advanced understanding of the screening and grit removal system technologies and manufacturers from new and rehabilitation projects will allow for PACE to provides designs incorporating feedback from the City’s operations staff. 6 15+ HEADWORKS SYSTEMS DESIGNED IN THE PAST FIVE YEARS This extensive experience includes facility renovations and will yield valuable lessons learned from the design, construction support and operations support of these facilities to ensure the appropriate components are replaced as part of the system upgrade, the electrical and controls are properly integrated and feedback from ongoing operations of those facilities as well as dozens of others is incorporated into the design and equipment selection process.
6 SAME PACE DESIGN TEAM AS OTHER RECENTLY COMPLETED REHABILITATION PROJECT AT THE FACILITY PACE’s is proposing to provide the same design team as other recently completed City of San Clemente rehabilitation projects such as the gravity belt thickeners. PACE’s staff will utilize the same previously successful approach to tackle this project, specifically providing the City with an evaluation of alternative technologies for review and consideration. 6 ENGINEERS WHO ARE OPERATORS TO RELATE BEST TO CITY NEEDS Engineers who are operators to relate best to city needs since our team includes Principal, James Matthews, licensed as both professional engineer and certified operator, leading to understanding and ability to relate well to operators’ objectives, understanding of how important it is to gain their input and perspective and from that we will design improvements that best meet their needs. 6 SOPHISTICATED VISUAL PLANNING TOOLS Sophisticated visual planning tools to allow engineers, operators and non-technical personnel to visualize the grit process connections and piping and collaborate more effectively, producing a superior end-product. 6 CONSTRUCTIBILITY AND OPERABILITY REVIEW INHERENT IN DESIGN Constructibility and operability review inherent in design through extensive design-build-operate experience which will lead to not only a sound technical design, but also ensures that the facility will be easy to construct and operate, with reduced time of delivery, and reduced capital and operational costs.

ADDITIONALLY, OUR TEAM OFFERS THE FOLLOWING KEY BENEFITS TO THE CITY:

As the Project Manager, I will be involved with the day-to-day needs of the project and be the primary contact to the City staff, just as I have been on several previous plant projects. With such a highly experienced team, we are able to execute the project very efficiently.

We hope to continue strong partnership with the City to move in a positive direction with the WRP to ensure the City can be proud of its vital utility. We have enclosed our engineering services proposal following the 18 ,,,st
-
PACE
Advanced Water Engineering
Robert Murphy, PE
Sr. Project Manager – Environmental Water Division
e-mail: [email protected] office: (714) 481-7226 mobile: (714) 376-6943 17520 Newhope Street, Suite 200 - Fountain Valley, CA 92708 guidelines prescribed in the Request for Proposal dated July 17, 2023. Please contact me directly to further discuss our proposal. Our fee proposal is valid for 90 days from the date of our proposal and our work effort will be managed and conducted from our headquarter office in Orange County. Our contact address and my personal contact details are provided below.

We look forward to supporting the City’s efforts to have the best possible water reclamation plant possible for the City.

Sincerely,
19 ~d
C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 20

BACKGROUND

ANO APPROACH

PROJECT BACKGROUND

PROJECT APPROACH

PRELIMINARY DESIGN ELEMENTS

CONSTRUCTION SEQUENCING

TO PREVENT OPERATION IMPACTS

FIELD VERIFICATION OF

EXISTING CONDITIONS
BACKGROUND AND APPROACH // 1
C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 The City of San Clemente owns and operates a 7.0 MGD rated water reclamation plant (WRP). The headworks of the facility is located along the western edge of the treatment plant and provides screening and grit removal through two x 1/2-inch mechanical bar screens and spiral aerated grit chambers and associated components.

The two grit chambers were originally designed to operate with an average flow of 3.5 million gallons per day (MGD) per basin and utilize coarse bubble diffusers to create a spiral mixing action to remove grit from the process. The removed grit collects at the bottom of the grit chamber for a set of collector flights and chains to convey the grit into a hopper for future processing. Two grit pumps (operating on a repeat cycle time delay relay) installed within a dry pit adjacent to the grit chambers pump the grit slurry to two combined grit cyclone-classifiers located on the floor above. From here, the captured grit is separated from the organics and water and discharged into a trash bin for offsite disposal.

The current grit extraction and classification system has reached the end of its useful life and the City is looking for a consultant to provide design services for the removal and replacement of the existing grit cycloneclassifiers, screw conveyors, and grit pumping systems. The existing aeration blowers are also intended to remain in service.

PACE’s approach to this project will be similar to the recently completed gravity belt thickening project. The first step will be to understand the performance and condition of the existing grit extraction and classification system, recent historical operating data, and more importantly work with the City’s operators to determine their desired improvement goals for this project. Recent conversations with the City’s operators indicate that ease of maintenance is a top priority for any proposed improvements.

From here PACE will develop a Preliminary Design Report summarizing the existing operating conditions, improvement goals, as well as developing recommended preliminary designs considering the information gathered from the first step. The preliminary designs will also include alternative grit washing/classification systems that are compatible with the existing process, as well as any potential modifications required.

Each preliminary design will be evaluated and scored based on the proposed capital costs, life cycle costs, maintenance requirements, and performance (estimated organic and moisture content remaining in grit).

This will allow for the City’s engineering and operations staff to review and determine which design option to proceed with. Similar to the GBT job, site tours of proposed equipment can be arranged, if requested by the City as long as the selected manufacturers have installations nearby.

Construction sequencing will also be presented in this first deliverable to ensure the proposed designs will allow for the City’s plant to continue to operate during construction. By the end of the preliminary design report, PACE will have a clear road map on completing the design that has been coordinated with the City’s staff needs.

Additionally, as request in the RFP, PACE will conduct a CFD model of the existing aerated grit chambers for the primary purpose of determine the removal efficiency and if any improvements can be implemented such as new baffle walls or varying air flow patterns. The CFD modeling will be conducted at varying influent flow rates, modifications, and air patterns to determine the recommended operating strategy for the improvements.

Lastly, considering the design will be based off of partially complete record drawings, PACE’s design staff for this project are located in Fountain Valley and will have the ability to field verify existing conditions to prior to the completion of the bid documents to prevent unwanted surprises during construction. 21 BACKGROUND

ANO APPROACH
C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 22 M
PACE design scope and approach will be similar to the recently completed WRP gravity belt thickening project. The Preliminary Design Report development will be the most critical element of the project to determine the appropriate components to upgrade and select the preferred equipment. After reviewing the existing conditions, PACE will work with the City’s operators to determine their desired improvement goals and objectives for the project. From here, PACE will develop preliminary designs utilizing the same and alternative grit extraction/classification technologies and evaluate and score each alternative to provide recommendations for the City’s staff selection. Ultimately, the selection of the equipment will be designed by PACE, but selected utilizing objectives/goals provided by the City’s engineering and operations staff.

Utilize PACE engineering and design staff who have direct experience and in-depth knowledge of the City’s facility, the specific process and control systems and have worked with the City’s staff on prior projects. PACE has completed several rehabilitation projects with the City and therefore has extensive knowledge and background of the plant’s infrastructure, specifically the condition of the existing power and control systems. PACE will utilize this knowledge to provide designs that will allow for the existing infrastructure to be upgraded and integrated into the plant’s SCADA system.

STRATEGY 01
STRATEGY 03
01 03
Conduct CFD modeling of the existing aerated grit chambers to verify the performance capacity of the existing system. The performance of an aerated grit removal system is highly influenced by the influent flow rate and air flow patterns. PACE will work with the City’s operations staff to obtain historical influent flows to the plant which will be used in combination with CFD modeling to determine the efficiency of the existing aerated grit system, and if additional improvements, such as baffles, are required.

Involve City Engineering and Operations staff early and often in the development of project designs, specifically the proposed construction sequencing.

The proposed bid documents will need to present a design and construction sequencing requirements that will allow for the City’s operations staff to continue to run facility during construction and startup of the new equipment.

STRATEGY 02 02
STRATEGY 04 04
C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 METHODOLOGIES // 2
23 H
C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 24 WORK
PLAN
C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 WORK PLAN // 3
Based on the stated objectives of the project and our understanding of the work to be completed, PACE has prepared the following proposed Work Plan broken down by task. All work will be completed internally by PACE’s staff and managed out of PACE’s headquarter office in Fountain Valley, CA.

TASK 0.0 – PROJECT MANAGEMENT AND MEETINGS
TASK 0.1

REIMBURSABLE EXPENSES
TASK 0.2

PROJECT MANAGEMENT, BILLING

AND INVOICING
TASK 0.3

MEETINGS
PACE has included all reimbursable expenses within our project proposal cost, which are expected to be incurred by performing the proposed Scope of Work. These include all reasonable travel, reproduction, shipping and other miscellaneous direct project expenses incurred by PACE’s design team as a result of performing the services proposed.

PACE will provide the services of a dedicated Senior Project Manager, Robert Murphy, PE, who will review the technical design documents and deliverables for quality control, compliance with the stated project objectives and the application of sound engineering practices. He will work with the City’s Project Team and will act as the lead point of communication and management with the City.

Robert will be responsible for collaborating with the City in the development of the technical design, design plans, specifications and technical reports, preparation of consultant and sub-consultant invoices, and will have responsibility of the overall competence of the project design. Robert will also be responsible for coordinating and providing Quality Assurance / Quality Control of the design documents with the Principal Engineer, to ensure a cohesive, consistent and technically competent design. Robert will lead all aspects of the technical design preparation, working with PACE’s internal design team members and external design team sub-consultants, to prepare and submit the completed technical work in a timely manner. This will ensure a successful and well-thought-out project, delivered on time and on budget.

Robert will prepare and update project management documents, including detailed monthly written progress updates, invoice preparation, and critical path identification.

The following meetings will be scheduled and coordinated by PACE and attended by the appropriate PACE and City Staff members. The following are anticipated meetings for the Design Services:

1. Project Kick-off Meeting:

PACE will coordinate a Project Kick-off Meeting with our team and the City’s Operations and Engineering Staff for the purpose of defining the project objectives, reviewing the Work Plan, identifying data needs and collecting pertinent information for the work to be completed from the City. As part of this meeting PACE will:
a. Review Design Scope of Work and Preliminary Schedule b. Review Roles & Responsibilities, Lines of Communication and Coordination c. Review Project Objectives and Requirements
d. Exchange Existing / Requested Design Documentation and Information e. Review City wish list items and any existing operational issues. As part of the preliminary design, PACE will conduct an evaluation of alternative treatment systems, compatible with the existing 25 WORK PLAN
C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 WORK PLAN // 4
installations of alternate manufacturer for the City’s staff to attend. configuration for the City’s Review. If requested, PACE will coordinate site visits of existing

2. –
occurring as follows:
progress on tasks, project schedule and project needs. We have assumed a total of three meetings needed” basis with the City’s designated Project Manager and Staff for the purpose of reviewing Throughout the duration of the project, PACE will conduct project progress meetings on an “asProject Progress Review Meetings Submittal and Review of the Process Assessment and Preliminary Design Report – Submittal and Review of the 60% Plans
– Submittal and Review of the 90% Plans
items during the course of design.
submittals and reviews. PACE shall set up conference calls or virtual meetings as needed to address (2-times per month) basis to identify and address items which arise in between formal design Additionally, it is assumed that conference calls or web-based meetings will be used on a bi-weekly TASK 1.0 – PRELIMINARY DESIGN

PRELIMINARY DESIGN
TASK 1.0
a. Review and discuss with the City’s engineering and operations staff to determine the desired The preliminary design of the project will consist of the following scope of work items. improvement goals and objectives for this project in relation to the proposed scope of work. b. Review of the facilities existing as built drawings and conduct site visits to verify critical components/ extraction/classification system not shown on the current record drawings. dimensions of the existing system, specifically in regards to the recent improvements to the grit c. Review the performance capacities of the existing HVAC components for the headworks building. As meet the current electrical code requirements.
part of NFPA 820, proper ventilation will be required in order to ensure the electrical improvements d. Review historical influent flow data and summarize the minimum, average, and maximum dry and wet weather influent flow rates.
e. Conduct CFD modeling of the existing aerated grit chambers at the minimum, average, and removal efficiency if desired.
system as well as potential modifications (such as baffle walls, varying air flow rates) to increase the maximum wet and dry weather conditions to determine the removal efficiency of the existing f. Development preliminary improvement designs include potential alternative equipment technologies compatible with the existing process.
g. Evaluate each preliminary improvement design, with the evaluation scored for the City’s review and performance (estimated organic and moisture content remaining in the grit). consideration based on the proposed capital costs, life cycle costs, maintenance requirements, and i. Develop a preliminary sequence of construction for the City’s review and feedback to ensure the h. Develop preliminary engineer’s opinion of probable construction costs for the proposed design options operation of the facility.
proposed design and construction sequencing requirements will be compatible with the ongoing 26 C==J \t)
C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 WORK PLAN // 5
j. PACE will prepare Draft and Final copies of a Preliminary Design Report which will detail the finding of the items above. Additionally, the PDR will also include preliminary design plans encompassing the following:
1) Preliminary Process and Instrumentation Drawings (P&IDs) of the proposed modifications. 2) Preliminary process area mechanical layout (Developed as 3D Model) 3) Preliminary electrical one-line diagrams and power requirement calculations 4) Preliminary PLC control network diagram and control description TASK 2.0 – DESIGN PLANS AND SPECIFICATIONS
TASK 2.1
PREPARE 60% PLANS

AND SPECIFICATIONS
TASK 2.2
PREPARE 90% PLANS

AND SPECIFICATIONS
Based on staff approval of the Preliminary Design Report and selection of design alternatives, PACE will prepare 60% plans and specifications for the project. In addition to further development of the report elements listed above in Task 1.0, the 60% plans will include the following major elements:
1) Strategic construction phasing plan
2) Electrical equipment and conduit layout plans
3) Piping and equipment support details
4) Elementary control panel and field wiring diagrams and details 5) Technical specifications (includes process control descriptions) PACE will update the Preliminary Engineer’s Estimate of Probable Construction Cost presented in the Preliminary Design Report based on the completed 60% design drawings.

PACE will review the 60% plans and specifications with the City’s operations and engineering staff and incorporate comments received within the next milestone submittal.

Based on staff approval of the 60% plans and specifications, PACE will prepare 90% bid documents for the project which will include technical specifications. This will generally consist of additional development and detail of the 60% plans and incorporation of comments received on the 60% specifications. It is anticipated that the Bid Plan set will consist of the following sheet sections:

G – General Information Plans & Specifications
C – Civil Plans & Specifications – Contractor Access and Staging Areas M – Mechanical Plans & Specifications
S – Structural Plans, Specifications & Calculations
E – Electrical Plans, Specifications & Calculations
I – Instrumentation and Control Plans & Specifications – including control narratives PACE will review the 90% Bid Documents with the City’s operations and engineering staff and incorporate comments received in the Final Bid Document set.
27 C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 WORK PLAN // 6
TASK 2.3

PREPARE FINAL

BID DOCUMENTS
Based on staff approval of the 90% Design Plans, PACE will prepare a set of Final Bid Documents to be delivered to the City for reproduction into a formal public bid set. Plans and technical specifications will be delivered in electronic format (PDF) for rapid reproduction along with an original stamped and signed printed set. PACE shall also provide to the City an electronic copy of all AutoCAD drawing files used for the project.

PACE will develop and submit a Project Bid Manual which will consist of the project Plans and Technical Specifications, the City’s supplied “front-end” Specifications, Bid Requirements, Bid Schedule (Form) and instructions to bidding contractors. In addition to the Bid Documents, PACE will also provide a Final Engineer’s Estimate of Probable Construction Cost.

PACE shall attend a Pre-Bid conference to assist the City with describing the scope of work to be performed by bidding contractors. PACE will provide the services of its engineering staff to supply written responses to questions from bidding contractors. Our responses will be provided to the City for incorporation in the City-issued bid addendums. We have assumed one addendum period.

PACE will attend a pre-construction meeting on-site with the City, the City’s selected contractor and equipment manufacturer’s representatives. Additionally, PACE will also include scope for onsite engineering services for two days for the purpose of system start-up and observation.

PACE shall provide the services of a project engineer for three (3) days for the purpose of system start-up and observation. During that period, PACE will provide a Final Inspection of the installation and provide the City with a punch-list of items to be completed by the contractor.

After successful completion of Start-up, the contractor, equipment manufacturer and controls integrator shall commission the equipment and systems and demonstrate the proper operation and function of the systems to PACE and City Operations Staff for Acceptance.

Following completion of commissioning, PACE will assist the City Operations staff in minor optimization of the completed system over a 3-day period to observe performance and make minor adjustments to the operation of the system.

PACE shall provide technical responses to fifteen (15) Requests for Information (RFIs) and clarifications from the project contractor, as needed or requested by the City, for compliance with the project drawings and specifications. PACE shall provide technical review and comments on up to fifteen (15) shop drawing submittal packages.

PACE shall provide clarifications, details and additional calculations for clarifications or modifications to original design drawings as requested by the City. 15 RFI reviews are assumed. All pipe and equipment anchorage sizing and calculations shall be supplied by the equipment manufactures or the contractor for review and approval by PACE.

TASK 3.0 – CONSTRUCTION BID ASSISTANCE SERVICES
TASK 3.1

PRE-BID SUPPORT
TASK 3.2

CONSTRUCTION MEETING

AND START-UP /

COMMISSIONING SUPPORT
TASK 3.3

CONSTRUCTION SUBMITTAL
REVIEW AND RFIs
Upon selection of a qualified contractor, PACE will provide the services of its engineering staff during the construction of the project as follows:
28 C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 WORK PLAN // 7
TASK 3.4

RECORD DRAWINGS
Upon completion of all construction work and submittal of the red-lined field plan set by the contractor, PACE will prepare and provide Record Drawings to the City for their use. Record Drawings will be submitted in electronic format (PDF) with an additional copy of all ACAD files used for the project.

The Project Deliverables for this project shall consist of the following:

1. Draft Preliminary Design Report & Cost Estimate – Delivered in Electronic Format (PDF)

2. Final Preliminary Design Report & Cost Estimate – Delivered in Electronic Formant (PDF)

3. 60% Plans and Specifications - Delivered in Electronic Format (PDF)

4. 90% Plans and Specifications - Delivered in Electronic Format (PDF)

5. Final Conforming Plans, Specifications, (including modified City front end specifications), and Engineer’s Opinion of Probable Construction Costs - Delivered in Electronic Format (PDF)

6. Updated Engineer’s Cost Estimates at 60%, 90% and Final Design

7. Record Drawings - Delivered in Electronic Format (ACAD & PDF)

8. Substantial & Final Completion Notices
TASK 4.0 – PROJECT DELIVERABLES

DELIVERABLES
29 C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 30

PROJECT

ORGANIZATION

AND STAFFING
C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 PROJECT ORGANIZATION AND STAFFING // 8
6 WRP Solids Handling Rehabilitation
6WRP Aeration Blowers Replacement
6 WRP BNR Process Assessment
6 WRP Progressive Cavity Pump Replacement
6 WRP Gravity Belt Thickener Replacement
6 WRP Laboratory Audit
6 WRP Emergency Generator Upgrade
6 Los Molinos Pump Station Generator
Replacement
6 Main Pump Station Rehabilitation
6 Main Pump Station HVAC Improvements
6 Trafalgar Canyon Outlet Water Quality
Improvements
6 WRP Contract Utility Power Rates
Assessment
PACE is a specialized civil engineering firm offering
advanced water resource services. We offer a wide
range of engineering services related to water,
wastewater, stormwater management and water
resource permitting and regulatory compliance to
ensure projects are both economically viable and
environmentally sustainable. PACE staff members
include licensed professional engineers with PhDs,
scientists, university instructors and policy-makers
in the water resource arena.

In the last 10 years alone, PACE has
performed design on more than 40
advanced wastewater treatment facilities.

We offer in-house advanced modeling capabilities,
a water quality laboratory and piloting facility for
use on projects to ensure designs are functional
and operable in practice. PACE has experience
designing and permitting a wide range of process
technologies, based on project needs.

Unique
Approaches to
Minimize Footprint &
Plant Odors
Project
Management that
Produces Real-World
Cost Estimates
Cost Effective
Phasing Based
on Life Cycle
Objectives
Senior Staff
Direct Involvement
in Design
Hands-On
with Construction
Background
Engineers
that are Licensed
Operators
Value-Added
Wastewater
Treatment
Solutions
$

ABOUT PACE

EXTENSIVE WATER RECLAMATION PLANT AND CITY EXPERIENCE

ENSURES IN DEPTH UNDERSTANDING OF PROJECT NEEDS
31 PROJECT

ORGANIZATION

AND STAFFING
A
Advanced understanding of the screening and grit removal system technologies and manufacturers from new and rehabilitation projects will allow for PACE to provides designs incorporating feedback from the City’s operations staff.

ADVANCED UNDERSTANDING OF HEADWORKS SCREENING, GRIT 01REMOVAL, EXTRACTION, AND GRIT WASHING/CLASSIFICATION SYSTEMS PACE’s is proposing to provide the same design team as other recently completed rehabilitation projects similar to the gravity belt thickeners. PACE’s staff will utilize the same previously successful approach to tackle this project, specifically providing the City with an evaluation of alternative technologies for review and consideration.

SAME PACE DESIGN TEAM AS OTHER RECENTLY COMPLETED 03REHABILITATION PROJECT AT THE FACILITY This extensive experience includes facility renovations and will yield valuable lessons learned from the design, construction support and operations support of these facilities to ensure the appropriate components are replaced as part of the system upgrade, the electrical and controls are properly integrated and feedback from ongoing operations of those facilities as well as dozens of others is incorporated into the design and equipment selection process.
15+ HEADWORKS SYSTEMS DESIGNED IN THE PAST FIVE YEARS 02 Sophisticated visual planning tools to allow engineers, operators and non-technical personnel to visualize the blower room connections and piping and collaborate more effectively, producing a superior end-product.

SOPHISTICATED VISUAL PLANNING TOOLS 05
Engineers who are operators to relate best to city needs since our team includes Principal, James Matthews, licensed as both professional engineer and certified operator, leading to understanding and ability to relate well to operators’ objectives, understanding of how important it is to gain their input and perspective and from that we will design improvements that best meet their needs.

ENGINEERS WHO ARE OPERATORS TO RELATE BEST TO CITY NEEDS 04 Constructibility and operability review inherent in design through extensive design-build-operate experience which will lead to not only a sound technical design, but also ensures that the facility will be easy to construct and operate, with reduced time of delivery, and reduced capital and operational costs. 06 CONSTRUCTIBILITY AND OPERABILITY REVIEW INHERENT IN DESIGN C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 PROJECT ORGANIZATION AND STAFFING // 9

TEAM'S KEY UNIQUE QUALIFICATIONS
32 C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 PROJECT ORGANIZATION AND STAFFING // 10

PROJECT MANAGEMENT

SUBCONSULTANTS
All PACE project management efforts will be coordinated out of our headquarter office in Fountain Valley, CA. Regular coordination meetings will occur at the City’s offices, or using one of the many meeting and coordination resources we have available such as Teams (video conferencing), which allow us to minimize budget for travel and meetings. However, in-person meetings will be encouraged at critical project durations (kick-off, conclusion of conceptual design, final design submittals, public outreach / agency coordination meetings, etc.).

Adherence to the project schedule is achieved by managing the project through a continuous analysis of staffing requirements and production schedule monitoring.

Taking into account the information contained in the detailed production schedule and transforming it into staffing requirements results in a staffing requirements plan.

Ibis Group Inc. is a technical support company providing numerical fluid modeling and analysis services. The bulk of the projects undertaken by Ibis Group are in the waste and potable water treatment industry. In this field, an expertise with process elements that have fluid flow characteristics critical to system efficacy has been established. Work with these elements includes reservoir hydraulic efficiency, lift station evaluation, headworks flow distribution, optimization and through-flow analysis of clarifier, anoxic zone, aeration basin and outfall contact tanks. In addition to water treatment, Ibis Group has expertise in free surface modeling projects including open channel flow and interaction of ocean waves with stationary and moving structures. Emphasis at Ibis Group is to provide analysis and evaluation of designs that will aid clients in attaining predictable and economical life cycle costs for their installations.

WORK LOCATIONS

SCHEDULE MANAGEMENT

CFD MODELING
The Sr. Project Manager (Robert Murphy, PE) will be the project’s primary source contact with the City. The Sr. Project Engineer (Thomas Mihara, PE) will be a secondary contact but only in the event that the Project Manager is not available. All correspondence to the City, whether incoming or outgoing, will be through the Sr. Project Manager. The Sr. Project Manager will keep the City informed of the project progress on a bi-weekly basis unless otherwise indicated in the work plan or contract work scope. The bi-weekly progress reports will at a minimum include:
6 Schedule status 6 Progress to date
6 Work planned for upcoming month 6 List of issues which may affect schedule or deliverables and proposed resolution approach In addition to the progress reports, an Action Items Matrix (AIM) will be prepared updated bi-weekly and provided to the City. The AIM will identify actions to be accomplished, description of the activity, date for completion and lead person responsible for ensuring the action is completed.

CLIENT COORDINATION
33 IBIS
lEl
GROUP

QA/QC PROCEDURES
C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 PROJECT ORGANIZATION AND STAFFING // 11
PACE’s concept for Quality Assurance/ Quality Control is to remove barriers so that each team member can perform each element of the project correctly, the first time. This starts with the designation of individuals with appropriate experience and availability to manage the project, lead tasks and accomplish technical work. A second element is to gain understanding and commitment from each team member on the scope of work, their responsibilities, within the works scope as well as the budget and schedule. The third element is to provide a structured process for reviews.

The Quality Assurance / Quality Control Program as stated, places responsibility at the level of the organization closest to production of each work element. The peer reviewer is designed to check/back check, make conclusions on analysis methods, calculations, and decisions. The task managers and peers are encouraged to discuss approach and identify points of agreement and disagreement. Areas of disagreement will be noted and discussed with the Project Manager.

Project Managers and independent senior level reviews are designed to go beyond a “2+2” check format to provide guidance on alternatives to the analysis planning, logic checks of the analysis assumptions and conclusions, and to review compatibility with other disciplines’ work which may affect the task. Finally, the Project Manager checks each submittal to assure City standards and conformance with project concepts.

Quality Assurance/ Quality Control (James Matthews, PE) provides an on-going review of the process. This includes spot checks as well as structured audits to assure that the process is fully implemented and working within the entire team.

PEER REVIEW

PE REVIEW

INDEPENDENT

MILESTONE REVIEW

PROJECT

MANAGEMENT CHECK
Responsibility: PM
Frequency: As Scheduled
Responsibility: QC Manager
Frequency: As Scheduled
Responsibility: PE
Frequency: Weekly
Responsibility: Subtask
Leader/Task Manager
Frequency: Daily,Weekly
Responsibility: Designer/Peer
Frequency: Daily/More Often

SUBMITTAL

SUBTASK LEADER/

TASK MANAGER REVIEW

QUALITY AUDITS / QA LEADER

THE PACE QA/QC PHILOSOPHY

THE QA/QC PROCESS

LEVELS OF REVIEW
34 SR. PROJECT MANAGER – ROBERT MURPHY has Civil Engineering experience spanning back to 2006. His experience includes design of wastewater treatment plants, sewer / stormwater / potable / reclaimed pump stations, water treatment and storage design. Mr. Murphy has served in key roles performing construction services and developing design and operation and maintenance manuals for several wastewater and water conveyance and treatment systems and facilities. He has also served as the resident engineer for the construction of several wastewater treatment facilities, water distribution, and sewer collection and pump station projects. Mr. Murphy is adept in coordinating project plans, specifications, and reports with multiple consultants to obtain an efficient buildable and operable system. He has been involved in over 30 WWTP projects, eight of which have been projects for the City of San Clemente alone, ensuring deep understanding of WWTP operations, challenges and City project delivery standards.

C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 PROJECT ORGANIZATION AND STAFFING // 12
SR. CAD DESIGNER
Thomas Gutierrez

CFD MODELING
Steve Saunders 1
SR. PROJECT

ENGINEER
Thomas Mihara, PE

DESIGN ENGINEER
Kyle Smith, EIT

ELECTRICAL ENGINEER
Juergen Nick, PE
SR. PROJECT MANAGER
Robert Murphy, PE

QA/QC / PRINCIPAL
James Matthews, PE
subconsultants

1. IBIS Group CFD

ORGANIZATION CHART
[email protected]
Cell: (714) 376-6943
35 T
PROJECT ORGANIZATION AND STAFFING // 13

TEAM MEMBER

HOURS AND AVAILABILITY
All proposed team members will be available for the duration of the project. The following is an estimated availability of each team members based on a projected project start date of September 1, 2023. Additionally, PACE has a team of 40+ members with wastewater engineering specialization that can be drawn upon to support the project, as needed.

TASK DESCRIPTION OF WORK PRINCIPAL SR. PROJECT MANAGER SR. CONSULTING ENGINEER STRUCTURAL ENGINEER ELECTRICAL ENGINEER SR. PROJECT ENGINEER PROJECT ENGINEER SR. CAD DESIGNER PROJECT COORDINATOR MAN-POWER HOURS TOTAL

0.0 Project Management & Meetings

0.1 Reimbursable Expenses (Included in Task Fees Below) N/A

0.2 Project Management, Billing, and Invoicing 16 622

0.3 Meetings and Data Gathering 17 74 2 21

1.0 Preliminary Design

1.1 Process Assessment and Preliminary Design Report 2 20 36 2 36 50 36 4 186

2.0 Design Plans and Specifications

2.1 60% Design Plans and Specifications 4 8 8 245060 2156

2.2 90% Bid Documents 1 12 32122650 1134

2.3 Final Bid Documents 86 8 12 24 1 59

3.0 Construction Support Services

3.1 Pre-Bid Support 8 0.5 8 12 2 30.5

3.2 Construction Meetings and Start-Up Commissioning Support 20 20 20 603.3 Construction Submittal Review and RFIs 11.5 5 11.5 34 62

3.4 Record Drawings 11 2 16 16 1 37

4.0 Project Deliverables
Robert Murphy, PE – 35%James Matthews, PE – 25%Thomas Mihara, PE – 35%Kyle Smith – 40% Thomas Gutierrez – 40%Juergen Nick – 35%Steve Saunders – 25% C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 36 11 I I
11 I I
11 I I
11 I I
11 I I
11 I I
I 11 I I
I 11 I I
I 11 I I
I 11 I I I I II I I
C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 PROJECT ORGANIZATION AND STAFFING // 14

ROBERT MURPHY, PE
SR. PROJECT MANAGER
Robert Murphy has Civil Engineering experience spanning back to 2006. His experience includes design of wastewater treatment plants, sewer / stormwater / potable / reclaimed pump stations, water treatment and storage design. Mr. Murphy has served as the resident engineer for the construction of several wastewater treatment facilities, water distribution, sewer collection, and pump station projects. He has developed several performance-based equipment specifications for process equipment selection prior to design, and created operation and maintenance manuals for several water and wastewater conveyance and treatment systems and facilities. Mr. Murphy is adept in coordinating project plans, specifications, and reports with multiple consultants to obtain an efficient buildable and operable system. He has been involved in over 30 WWTP projects, eight of which have been projects for the City of San Clemente alone, ensuring deep understanding of WWTP operations, challenges and City project delivery standards.

San Clemente Wastewater Treatment Plant Upgrades – San Clemente, CA Mr. Murphy was the Project Engineer and coordinator of the engineering design for several plant improvement projects on the City of San Clemente’s 7.2 MGD facility in response to aging equipment and operational challenges. For the blower replacement project, Mr. Murphy performed preliminary design, equipment selection, final design and integration for the plant aeration blower upgrades, replace aging infrastructure in both the cake handling and sludge dewatering process areas, sludge thickening process upgrades, emergency generator replacement, as well as other smaller improvement projects.

Mountain House Water Reclamation Facility Expansion Phase III – Mountain House, CA Mr. Murphy served as the Project Manager for the Phase III expansion from 3.0 MGD to 5.4 MGD average dry weather flow and peak hour wet weather flow of 16.7 MGD. The expansion includes a new headworks consisting of two cast-in-place concrete flow channels to house 6 mm and 2 mm center flow band screens and grit vortex chambers installed in between the two screening systems. The grit removal system consists of a continuously operated vortex style chamber consisting of a larger diameter upper separation chamber and lower collections sump.

Tuolumne Utilities District Sonora Regional Wastewater Treatment Plant – Sonora, CA Mr. Murphy served as the Project Manager for the upgrade design of the 2.6 MGD Average Daily Flows (ADF) Sonora Regional Wastewater Treatment Plant (SRWWTP) to address the facility’s declining effluent performance. To improve the facility’s functionally and performance, PACE performed design upgrades to increase the capacity to 5.0 MGD of Max Day Flows (MDF) and

10.0 MGD Peak Hour Flows (PHF) treated by a new headworks, primary screening and grit removal, new dual-train extended aeration activated sludge (EAAS) basins, new secondary clarifiers, new chlorine disinfection system, new effluent disk cloth filters and a new sludge dewatering facility. The grit removal system consists of a continuously operated vortex style chamber, consisting of a larger diameter upper separation chamber and lower collections sump.

Lathrop Advanced Water Treatment and Recycling Facility Expansion – Lathrop, CA As Sr. Project Engineer, Mr. Murphy led design and plan preparation for the expansion of the Lathrop Consolidated Treatment Facility, an MBR wastewater treatment facility, for the City of Lathrop, California. The Phase 2 expansion took the capacity from 1.0 MGD to 2.5 MGD, and the Phase 3 capacity currently under design will bring the facility to 4.0 MGD, with several major provisions designed as part of Phase 3 to support the ultimate buildout capacity of 6.0 MGD. The headworks that was installed during the Phase 2 expansion consists of a custom 316 stainless steel platform structure housing two parallel flow trains. Each train is equipped with a 6mm fine rotary drum screen and a 2 mm ultra-fine fine rotary drum screen separated by a vortex grit removal system followed by a grit classifier with cyclone separator. The vortex grit removal system between the fine and ultra-fine screens consists of a grit chamber with and upper diameter of 8 feet, and a sloping floor narrows the chamber down to 3 feet to the below grit collection sump.

C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT

EDUCATION
B.S. / Civil Engineering
California State University,
Long Beach
2007

YEARS OF EXPERIENCE
17+ Years
Joined PACE in 2006

REGISTRATIONS
Professional Engineer
2014 / C83207

AFFILIATIONS
Water Environment Federation (WEF)
American Society of Civil Engineers
(ASCE)

PUBLICATIONS
Peterson, J.D., Murphy, R.R., Jin, Y.,
Wang, L., Nessl, M.B., Ikehata, K.
(2011) Health effects associated with
wastewater treatment, reuse, and
disposal. Water Environment Research
83:10, 1853-1875.
37 · ····························· RELATED EXPERIENCE ·································· C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 15 PROJECT ORGANIZATION AND STAFFING //

ROBERT MURPHY, PE
SR. PROJECT MANAGER
how Low Wastewater Treatment Plant Upgrades – Show Low, AZ S the neering design for a complete WWTP overhaul design project for Mr. Murphy was the Sr. Project Engineer and coordinated the engi nts, lities to meet stringent effluent requireme isting WWTP process did not have the capabi ity’s existing aerated lagoon WWTP. The ex C n with lize a new headworks in combinatio rated lagoon configuration to uti design modified the existing ae specially for ammonia. PACE’s e moval fine drum screen and grit re providing screening through a 6mm n extended aeration (Biolac) activated sludge treatment process, a  hrough an aerated grit chamber and conveyor. t
inslow Wastewater Treatment Plant Renovations – Winslow, AZ W , d provided process, mechanical luation and renovation project an Mr. Murphy served as the Project Engineer for the Winslow WWTP eva n capacity capacity roughly half of its desig king the effective treatment gued by operational issues, ma nd civil design. The plant was pla a consisting of a 6.8 MGD rated, lled a new combined headworks system f 2.2 MGD. In order to reduce operational issues, PACE insta o al system consists of an aerated grit chamber mm drum screen with an attached aerated grit chamber and conveyor. The grit remov 6 installed directly after the drum screen.

Burbank WRP Aeration and Headworks Rehabilitation Projects – Burbank, CA ehabiliation Projects. PACE was k WRP Aeration and Headworks R Mr. Murphy served as the Engineer of Record for both the Burban plan rks systems under two separate Ps existing aeration and headwo ontracted to provide design services for the replacement of the WR c tage replace the older multi-s new high-speed turbo blowers to ontracts. Upgrades for the aeration project included installation of c single-rake and grinder system placing the aging and cumbersome entrifugal blowers. Upgrades to the headworks system included re c as well tion and controls for the new systems, ompactors. Both projects also included integra ith new multi-rake bar screens and washer/c w plant to remain online during plan to allow for the operating sequencing/construction phasing s development of a comprehensive a onstruction improvements. c
delanto Wastewater Treatment Plant Upgrades – Adelanto, CA A nto WWTP Improvement Plan and provided process, mechanical, and civil Mr. Murphy was the Project Engineer for the City of Adela t state. ed with the existing plant in its curren 1.8 MGD, of which only 0.5 MGD can be treat esign. The WWTP receives an average flow of d ot only isting systems to n cture and rehabilitate ex consulting services to construct new infrastru PACE provided engineering design and ucture included new screening and washing city to 4.0 MGD. New infrastr regain the original plant capacity, but to increase the rated capa larifiers, o new 70’ diameter circular c existing secondary basins, tw ystems in the headworks, all new aeration and blower equipment in the s uent to the existing effl Modifications were made ernal recycle pumping on the biological process. n RAS/WAS pump station and new int a ing to improve improvements to the solids handl recycled water as well as ilters and chlorine contact basin to produce full Title 22 compliant f reduce cake volumes. ewatering performance and d
artesso Water Reclamation Facility – Buckeye, AZ T
PACE provided engineering design and construction services for the Phase I Tartesso Water Reclamation Facility (WRF) in the Tartesso he 1.2 MGD WRF, which includes a Engineer for the design of t Development in Buckeye, Arizona. Mr. Murphy served as the Design includes equencing batch reactor that treats wastewater to Arizona Department of Environmental Quality levels of A+ effluent. The facility s ludes a three-stage chemical scrubber, using both caustic / sodium hydroxide and bleach / 14,000 CFM odor control unit which inc a mical tanks use cross-linked polyethylene (XLPE) chemical odorous compounds. The che odium hypochlorite additions for treatment of s s, d sizing and design of the tank anks, consisting of one 1,000-gallon caustic tank and one 1,500-gallon bleach tank. PACE provide t r wind safety features, including the anchorage design to account fo process piping and vents, instruments, spill containment area, and nd seismic activity. a
Facility – Santa Paula, CA anta Paula MBR Water Recycling S r ive for the new Santa Paula Wate t Resident Project Representat ign Engineer and as the assistan Mr. Murphy served as both the Des compliance Recycling Facility (WRF). The existing wastewater treatment plant had reached the end of its service life and was no longer in osal system. and percolation basin effluent disp existing facility with a new WRF ith current regulatory requirements. The City replaced the w the duration of Mr. Murphy assisted on design of the civil, grading, mechanical, and utility plans, as well as construction administration for .2 ) with an initial capacity of 3.4 MGD and readily expandable to 4 he project. The WRF is designed as a Membrane Bio Reactor (MBR t th a F design were three percolation basins wi r the year 2025. Also included in the new WR MGD to meet wastewater flow projections fo y in ombined surface area of about 15 acres located to the west of the WRF site. The Santa Paula WRF is the largest Koch MBR facilit c rum was process, an operator-engineer fo alifornia. As part of the design he United States, and is also the first DBOF municipal WRF in C t se in equipment to allow for an overall ea ing sludge thickening out. This included customiz used to develop plans and the equipment lay cy aeration diffusers and new high efficien ampling and operations. High speed turbo blowers s 38 .,
C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 PROJECT ORGANIZATION AND STAFFING // 16
JAMES A. MATTHEWS, PE

PRINCIPAL / QA/QC
James Matthews is highly regarded in the water, wastewater, recycled water, and stormwater industries for his tremendous wealth of practical knowledge and ability to use old and new technologies, hands-on experience, and research to produce value for his clients and their projects. Mr. Matthews has created designs for a multitude of award-winning projects, saving capital and operation costs, reducing construction schedules, and minimizing operation and maintenance needs on reservoirs, pump stations, and water & wastewater treatment facilities, by implementing creative ideas and concepts.

As both a licensed engineer and wastewater treatment operator, Mr. Matthews is a technical expert in infrastructure engineering design, construction, and operations. He has particular experience reviewing, troubleshooting, and renovation on over 250 projects in the US, Canada, and Central America. +HKDVVHUYHGDV3ULQFLSDODQGRU3URMHFW0DQDJHURQHLJKW:53 SURMHFWVDQGSURMHFWVIRUWKH&LW\RI6DQ&OHPHQWHHQVXULQJGHHSXQGHUVWDQGLQJRI :53RSHUDWLRQVFKDOOHQJHVDQG&LW\SURMHFWGHOLYHU\VWDQGDUGV However, his expertise is not limited to just water resources; having a wealth of knowledge in electrical, controls, and instrumentation. He has personally fabricated, programmed, and installed a multitude of custom control systems, which included PLC/PAC programming, radio telemetry, and Supervisory Control and Data Acquisition (SCADA) systems for numerous water, wastewater and co-generation projects.

City of San Clemente Water Reclamation Facility Process Efficiency Upgrade Projects – San Clemente, CA
PACE provided consulting, design, construction administration, and controls and integration services for the City of San Clemente on several process efficiency upgrade projects for their

7.2 MGD WRF. With goals of gaining efficiency and cutting back on power uses and associated operational costs for the WRF, the City looked to upgrade several aspects of their facility. Mr.

Matthews served as the Principal / QA/QC to provide the BNR process assessment, provide aeration blower upgrades, replace aging infrastructure in both the cake handling and sludge dewatering process areas, provided sludge thickening process upgrades, and oversaw the emergency generator replacement, as well as other smaller improvement projects.

Mountain House Water Reclamation Facility Phase II & Phase III Expansions – Tracy, CA Mr. Matthews served as the QA / QC and Instrumentation and Controls specialist for the Phase III expansion/replacement of a 3.0 MGD treatment facility for the Mountain House Community Services District. Phase III included the design of a 5.4 MGD Tertiary Water Recycling Facility capable of meeting Title 22 – 2.2 Unrestricted Reuse effluent requirements & NPDES permit requirements for discharge to the Sacramento Delta at Old River. The Phase III expansion includes new headworks consisting of two cast-in-place concrete flow channels housing 6 mm and 2 mm center flow band screens and grit vortex chambers installed in between the two screening systems. The grit removal system consists of a continuously operated vortex style chamber consisting of a larger diameter upper separation chamber and lower collections sump.

Tuolumne Utilities District Sonora Regional Wastewater Treatment Plant – Sonora, CA Mr. Matthews served as the Principal / QA/QC of the 2.6 MGD Average Daily Flows (ADF) Sonora Regional Wastewater Treatment Plant (SRWWTP), leading concepts to address the facility’s declining effluent performance. To improve the facility’s functionally and performance, PACE performed design upgrades to increase the capacity to 5.0 MGD of Max Day Flows (MDF) and 10.0 MGD Peak Hour Flows (PHF) treated by a new headworks, primary screening and grit removal, new dual-train extended aeration activated sludge (EAAS) basins, new secondary clarifiers, new chlorine disinfection system, new effluent disk cloth filters and a new sludge dewatering facility. The grit removal system consists of a continuously operated vortex style chamber, consisting of a larger diameter upper separation chamber and lower collections sump.

EDUCATION
B.S. Civil Engineering
San Diego State University / 1994

YEARS OF EXPERIENCE
31 Years
Joined PACE in 1994
Prior - 2 years with City of San Diego
Water Production Engineering Division

REGISTRATIONS
Professional Engineer / AZ
1999 / 34090
Professional Engineer / CA
1997 / C57446
Professional Engineer / CO
2018 / 0054243
Professional Engineer / FL
2009 / 69722
Professional Engineer / HI
2009 / 13718
Professional Engineer / ID
2004 / 11229
Professional Engineer / NM
2004 / 16491
Professional Engineer / TX
2018 / 132370
Professional Engineer / UT
2020 / 11893246-2202
Professional Engineer / VA
2005 / 040716
NCEES 18-931-54
Wastewater Treatment Operator
Certification: 1997 / WW023812

AFFILIATIONS
merican Water Works Association (AWWA)
Water Environment Federation (WEF)

PUBLICATIONS
EPA’s Small Flows Quarterly:
“Hybrid Sequencing Batch Reactors”
Santa Margarita Water District: “Advanced
Processes for Water Reuse”
City of Lathrop: Title 22 Recycled Water
Training Program
39 •························· ..·· RELATED EXPERIENCE ................................. .

C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 17 PROJECT ORGANIZATION AND STAFFING //
JAMES A. MATTHEWS, PE

PRINCIPAL / QA/QC
ity of Lathrop Advanced Water Treatment and Recycling Facility Expansion – Lathrop, CA C ated surance oversight for the design of the Lathrop Consolid s QA/QC Principal, Mr. Matthews provided design guidance and quality as A Phase 2 s capacity was 1.0 MGD. The the first expansion, the facility’ reatment Facility, an MBR wastewater treatment facility. Prior to T an ultimate g the facility to 4.0 MGD, with currently under design will brin xpansion took the capacity to 2.5 MGD, and the Phase 3 capacity e steel s of a custom 316 stainless ing the Phase 2 expansion consist buildout capacity of 6.0 MGD. The headworks that was installed dur fine fine with a 6mm fine rotary drum screen and a 2 mm ultra- trains. Each train is equipped platform structure housing two parallel flow it removal lassifier with cyclone separator. The vortex gr grit removal system followed by a grit c rotary drum screen separated by a vortex narrows and upper diameter of 8 feet, and a sloping floor ine screens consists of a grit chamber with ystem between the fine and ultra-f s he chamber down to 3 feet to the below grit collection sump. t Burbank WRP Headworks Screening Upgrades – Burbank, CA
e based on providing a higher screening upgrades, which wer the Burbank WRP headworks Mr. Matthews served as the Princpal for sted for the facility. PACE assi mpacting, and removal systems mated washing, conveying/co egree of screening solids capture, and auto d well as tion of the new equipment, as and specifications for installa luation, and provided design plans ith equipment selection and eva w es two ervices during construction, and provided integration and controls services for the new screening system. The new system includ s k is ls. Each screening channel and new bar rac the existing screening structure channe new identical 10mm bar racks installed within conveyor system for conveyance per and washer compactor and hanical multi-rake bar screen scra utfitted with a new automated mec o The headworks improvements also include new screenings storage and disposal area. nd removal of captured screenings to a a ntrol systems and infrastructure. ks equipment electrical and co acement of the existing headwor modifications and complete repl how Low Wastewater Treatment Plant Evaluation and Expansion – Show Low, AZ S ementing the most appropriate ation, design and assistance of impl Mr. Matthews served as the Principal / QA/QC PACE for the evalu isting aerated lagoon WWTP. The existing WWTP process did not have nd cost-effective solutions to upgrade and expand the City’s ex a agoon modified the existing aerated l lly for ammonia. PACE’s design t effluent requirements, especia he capabilities to meet stringen t he new onfiguration to utilize a new headworks in combination with an extended aeration (Biolac) activated sludge treatment process. T c r. ed grit chamber and conveyo grit removal through an aerat rough a 6mm fine drum screen and headworks system provides screening th he grit removal system consists of an aerated grit chamber installed directly after the drum screen. T inslow Wastewater Treatment Plant Evaluation and Upgrades – Winslow, AZ W ggling he City of Winslow’s WWTP, which was stru or an evaluation of the deficiencies of t Mr. Matthews served as the Principal / QA/QC f roughly ssues, making the effective treatment capacity nts. The plant was plagued by operational i o meet water quality permit requireme t several rough the preparation of a Process, Efficiency, and Alternative Analysis Evaluation, half of its design capacity of 2.2 MGD. Th cility ved as much of the existing fa improvements for each that preser ntified, as well as proposed major process deficiencies were ide of a 6.8 MGD rated, 6mm drum screen led a new combined headworks system consisting hat was practical. The improvements instal t ly after ith an attached aerated grit chamber and conveyor. The grit removal system consists of an aerated grit chamber installed direct w he drum screen. t
ity of Santa Paula Advanced Water Treatment and Recycling Facility – Santa Paula, CA C losed treatment with a common-wall design and and Recycling Facility features all-enc he Santa Paula Advanced Water Treatment T ets reative redundancy features. The 4.2 MGD MBR treatment facility ensures a neighbor-friendly facility and the treated effluent me c s the alifornia’s stringent Title 22 effluent requirements with 0.2 NTU turbidity allowing groundwater recharge. Mr. Matthews served a C screening ion, twin progressive coarse-grit-fine ility which includes a 17 MGD influent lift stat Project Manager for the design of this fac capacity, l trains totaling 11.4 MGD of udge - biological nutrient remova ation basins, three activated sl headworks, two-stage surge attenu California Title 22 Reuse Water UV disinfection system to meet ion trains and an NWRI compliant ix hollow-fiber membrane separat s a River Basin. tandards. Effluent from the facility is discharged to percolation basins adjacent to the plant to be returned to the Santa Clar S owed d to EPA Class B reuse standards on-site with a 3-stage aerobic digestion process foll aste sludge is pre-thickened and processe W aeration, speed, single-stage turbine blower units and ultra-fine bubble by a screwpress for dewatering. The facility also features hightrifuges hich reduced the overall energy consumption of the facility by 15 to 20%. Additionally, the use of screw presses rather than cen w or dewatering further reduce power demand at the plant. f 40 .,
C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 PROJECT ORGANIZATION AND STAFFING // 18

THOMAS MIHARA, PE
SR. PROJECT ENGINEER
Mr. Mihara has focused experience in Civil and Environmental Engineering specifically for water and wastewater dating back to 2014. With a bachelor’s degree emphasis in water resources and environmental engineering, Mr. Mihara successfully performed engineering design services on several water and wastewater and rehabilitation projects and has hands-on experience with implementing and constructing designs. Mr Mihara also has a NASSCO certification for pipeline and manhole inspections.

Mountain House Water Recycling Facility Expansion Phase III – Tracy, CA Mr. Mihara is serving as Sr. Project Engineer for the Phase III 5.4 MGD average dry weather flow expansion for the Mountain House Community Services District. The Phase III expansion converts the secondary treatment process to a membrane bio-reactor treatment process to meet the existing waste discharge requirements and also comply with California Title 22 Recycled Water Requirements for unrestricted reuse. The expansion includes a new headworks consisting of two cast-in-place concrete flow channels to house 6 mm and 2 mm center flow band screens and grit vortex chambers installed in between the two screening systems. The grit removal system consists of a continuously operated vortex style chamber consisting of a larger diameter upper separation chamber and lower collections sump.

City of Lathrop Advanced Water Treatment and Recycling Facility Expansion – City of Lathrop, CA
Serving as the Project Engineer, Mr. Mihara provided services during construction for the Phase 2 expansion of the Lathrop Consolidated Treatment Facility, an MBR wastewater treatment facility that PACE designed for the City of Lathrop, California. The Phase 2 expansion took the capacity from 1.0 MGD to 2.5 MGD, and the Phase 3 capacity currently under design by PACE will bring the facility to 4.0 MGD, with an ultimate buildout capacity of 6.0 MGD. The headworks that was installed during the Phase 2 expansion consists of a custom 316 stainless steel platform structure housing two parallel flow trains. Each train is equipped with a 6mm fine rotary drum screen and a 2 mm ultra-fine fine rotary drum screen separated by a vortex grit removal system followed by a grit classifier with cyclone separator. The vortex grit removal system between the fine and ultra-fine screens consists of a grit chamber with and upper diameter of 8 feet, and a sloping floor narrows the chamber down to 3 feet to the below grit collection sump.

Burbank WRP Headworks Rehabilitation Project – Burbank, CA Mr. Mihara served as the Design Engineer for the Burbank WRP Headwork’s Rehabilitation Project in which PACE provided design services for the rehabilitation of the existing headwork’s system. Upgrades for the project included new multi-rake bar screens, washer/compactors, a new recycled water wash system, improvements to the existing headwork’s infrastructure, and integration and controls for the design. The new design provided the plant with full redundancy and while the new screen reduced the load sent to the primary clarifiers.

Las Virgenes Municipal Water District Tapia Water Reclamation Facility Headworks Rehabilitation Project – Calabasas, CA
PACE was retained by the Las Virgenes Municipal Water District to provide engineering design and design support for the removal and rehabilitation of components within the facility’s headworks. Mr. Mihara served as the Project Engineer for the replacement of the Fiberglass Reinforced Plastic (FRP) cover system over the existing headworks flow channels, and replacement of the process air piping within the headworks that have reached the end of their service life.

EDUCATION
B.S. Civil Engineering
California State University of Fullerton /
2016

YEARS OF EXPERIENCE
9 Years
Joined PACE in 2016
With others over 2 years

REGISTRATIONS
Professional Engineer / CA
2021 / C 92319
NASSCO Certification for Pipeline and
Manhole Inspections
2019 / U-1219-70308002
41 ······ .. ····· ... ···· .... ·· .... · RELATED EXPERIENCE ····························· ··· C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 19 PROJECT ORGANIZATION AND STAFFING //

THOMAS MIHARA, PE
SR. PROJECT ENGINEER
an Clemente WRF Sludge Dewatering and Cake Handling Process Upgrades – San Clemente, CA S d belt he City hired PACE for a complete overhaul of the sludge dewatering and cake handling process. This included removal of outdate T imiting ilter presses and design upgrades to modern sludge dewatering/decanting centrifuges, with energy savings and chemical polymer l f 25% cake k loading facility. The design increased solid production up to eatures, along with a complete new automated dual-bay cake truc f mance- olids overall and reduced total sludge volume for disposal by 45%. As the Project Engineer, Mr. Mihara helped develop the perfor s e providing based specification equipment selection process to allowed for significant capital savings and a streamlined design approach whil ntegration he City with a guarantee on performance of the system. As part of the sludge dewatering upgrades, PACE also provided controls i t e system. ervices for the new equipment, which seamlessly unified the design aspects with the final controls and monitoring for the entir s an Clemente WRF Sludge Thickening Process Upgrades – San Clemente, CA S nd ludge thickening process for the San Clemente WRF. This design a s the Project Engineer, Mr. Mihara completed the design of the s A , while rmance-based pre-selection process to capture the best value and equipment for the City quipment selection also featured a perfo e avity belt o new modern two-meter-wide gr and includes installation of tw treamlining the design. This project is currently in construction s vides hickeners, each capable of handling inlet waste activated sludge at a concentration of 0.33% and feed of up to 340 gpm, and pro t gration isting polymer system for the old thickeners, and inte includes an overhaul of the ex ludge thickening up to 8%. The design also s into the existing PLC and SCADA platform.
an Clemente WRF Emergency Generator Replacement – San Clemente, CA S n ator at the San Clemente Water Reclamatio r the replacement of the backup power gener Mr. Mihara served as the Project Engineer fo estigation conditions. A preliminary inv atment equipment under emergency Plant and improve reliability of the power source to critical tre ity with ss the condition, reliability, and compatibil ing Automatic Transfer Switch (ATS) to asse as performed to test & evaluate the exist w talled future equipment planned to be ins and discussions with the City on system. Following the assessment he proposed new generation t kW re demands. The 1,000- meet existing and futu installation of a new 1,000-kW generator unit to t the plant, PACE recommended the a ad-shed for nditions, without the need to lo facility, under normal operating co capacity to operate the existing unit provided the necessary and ritical process areas. Automatic load-shedding control of non-critical processes were programmed using the plant’s existing PLC c below the 1,000-kW rating of the newly installed system. CADA systems allowing the generator running load to stay S Burbank WRP Raw Influent Pump Replacement – Burbank, CA increase he City of Burbank sought to install new raw influent pumps designed and installed at the Wastewater Reclamation Plant (WRP) to T ent processes. he pump station capacity, provide better influent flow control, and more reliable pumping for the feed to the downstream treatm t electrical and Mr. Mihara served as the Design Engineer to conduct a technical evaluation from an efficiency, process, mechanical, structural, ent integration and controls perspective, and developed a Basis of Design Report (BODR). The BODR was used to provide pump replacem CE also recommendations and the necessary design modification plans/details for the new dry pit submersible-type pump installations. PA new pumps to ssisted the City and operators, in collaboration with the manufacturer, to select the specific components and materials for the a best suit their intended application.

Las Virgenes MWD Tapia Water Reclamation Facility Raw Sludge Re-Circulation Pump Upgrades – Calabasas, CA s, he Rancho Las Virgenes Composting Facility receives raw sludge from the Tapia Water Reclamation Facility where it stores, digest T ed in order ewaters, and composts into Class A Biosolids for beneficial reuse. The facility’s raw sludge wet well needs to be constantly mix d to evaluate the original design had failed, and the District retained PACE o maintain solids suspension to avoid clogging. The pump used in t uation, he mixing requirement and to select a new pump for the process. Mr. Mihara served as the Design Engineer by assisting in the eval t well structure and esign, and field construction services for this project, which involved detailed investigation into the existing raw sludge wet d and was able he existing piping for inflow, withdrawal, and recirculation. PACE evaluated the hydraulic condition and the mixing requirement t new o select the proper pump for the application. Following the evaluation, PACE provide design documents for the installation of a t recirculation pump, grinder, and piping modification to include mechanical, structural, electrical and controls. ivita Water Reclamation Facility – San Diego, CA C
located an underground parking structure cycling Facility to be built in Mr. Mihara was the Sr. Project Engineer for the Civita Water Re recycled water poses of producing e 22 effluent for the pur The facility was designed to produce Titl ithin the City of San Diego, California. w on for wrote the control descripti ition, Mr. Mihara also designed and hrough a compact membrane bio-reactor treatment process. In add t vide defected will allow for the plant to pro posed chlorine validation study) which (upon approval of the pro he chlorine disinfection system t hich has a capacity of 0.3 MGD, and was influent pump station, w rine doses. PACE also designed the recycled water with lower chlo he the main sewer line approximately 70 ft from the WRF. Due to t esigned to draw water from a new diversion structure located on d riming capabilities. lected to have self-p potential NPSH limitation on the suction, the pumps were se 42 .,
C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 PROJECT ORGANIZATION AND STAFFING // 20

THOMAS (TOM) GUTIERREZ
SR. CAD DESIGNER
Thomas Gutierrez has more than 29 years of experience in design and preparation of mechanical plans, sections and details for engineered construction documents within the wastewater and water industry. He has in-depth knowledge of mechanical systems layout, mechanical assemblies, fittings, valving, pipe materials and ratings, site grading, drainage, and utility plan/profile design (pressure and gravity systems). Mr. Gutierrez also has in-depth experience with design of mechanical 3D models of wastewater treatment plants for construction drawings. His 3D design and modeling experience includes design and draft BIM-ready civil 3D pipe networks, surface models, grading and basic corridors for earthwork calculations and cross sections, process piping for complete plant layouts, and mechanical process equipment (i.e. blowers, pumps, etc.). Mr. Gutierrez is an advanced user of Autodesk AutoCAD, Civil 3D, and MEP. He has also has the responsibility of directing CAD staff and engineers to ensure project documents are accurate, professional and meet project goals. He is responsible for communicating with engineers and production staff to ensure all needs are met, this includes support, training and solving critical task obstacles.

Mountain House Water Reclamation Facility Expansion – Tracy, CA Mr. Gutierrez was Production Manager for two phases of expansion of the WRF from 0.45 MGD WRF to 5.4 MGD WRF. Most recently, He served as Production Manager / Sr. CAD Designer for the Phase III expansion to 5.4 MGD featuring a process conversion to MBR and included new headworks consisting of two cast-in-place concrete flow channels to house 6 mm and 2 mm center flow band screens and grit vortex chambers installed in between the two screening systems. The grit removal system consists of a continuously operated vortex style chamber consisting of a larger diameter upper separation chamber and lower collections sump.

City of Lathrop Advanced Water Treatment and Recycling Facility Expansion – City of Lathrop, CA
Mr. Gutierrez prepared the design and construction documents for two phases of expansion of the Lathrop Consolidated Treatment Facility, an MBR wastewater treatment facility, for the City of Lathrop. Mr. Gutierrez led all CAD design and oversaw the team producing all design plans.

The Phase 2 expansion took the capacity from 1.0 MGD to 2.5 MGD, and the Phase 3 capacity currently under design will bring the facility to 4.0 MGD, with an ultimate buildout capacity of 6.0 MGD. The facility expansion included headworks that were installed during the Phase 2 expansion, which consisted of a custom 316 stainless steel platform structure housing two parallel flow trains. Each train is equipped with a 6mm fine rotary drum screen and a 2 mm ultrafine fine rotary drum screen separated by a vortex grit removal system followed by a grit classifier with cyclone separator. The vortex grit removal system between the fine and ultra-fine screens consists of a grit chamber with and upper diameter of 8 feet, and a sloping floor narrows the chamber down to 3 feet to the below grit collection sump.

Show Low Wastewater Treatment Plant Evaluation and Expansion – Show Low, AZ Mr. Gutierrez served as the Sr. CAD Designer for the design of the Show Low aerated lagoon WWTP upgrades. PACE’s design modified the existing aerated lagoon configuration to utilize a new headworks in combination with an extended aeration (Biolac) activated sludge treatment process. The new headworks system provides screening through a 6mm fine drum screen and grit removal through an aerated grit chamber and conveyor. The grit removal system consists of an aerated grit chamber installed directly after the drum screen.

Burbank WRP Aeration and Headworks Rehabilitation Projects – Burbank, CA Mr. Gutierrez served as Sr. CAD Designer for both the Burbank WRP Aeration and Headworks Rehabilitation Projects. Upgrades to the headworks system included replacing the aging and cumbersome single-rake and grinder system with new multi-rake bar screens and washer/compactors. Both projects also included integration and controls for the new systems, as well as development of a comprehensive sequencing/construction phasing plan to allow for the operating plant to remain online during construction improvements.

EDUCATION
A.A. / Applied Science, Computer
Aided Drafting Technology
ITT Technical Institute,
1994

YEARS OF EXPERIENCE
29+ years
Joined PACE in 2001
With others more than 7 years
43 ················ ················· RELATED EXPERIENCE ·································· C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 21 PROJECT ORGANIZATION AND STAFFING //

THOMAS (TOM) GUTIERREZ
SR. CAD DESIGNER
City of San Clemente Water Reclamation Facility Blower Replacement – San Clemente, CA sponse City of San Clemente’s 7.2 MGD facility in re for several plant improvement projects on the PACE provided the engineering design owed developed a 3D model, which all tional challenges. Mr. Gutierrez served as the Sr. CAD Designer, and to aging equipment and opera onal conflicts. the City Staff and design team to visualize the completed installation, and quickly identify potential construction and operati 000 ducing annual energy consumption by over 650, reduction in the plant’s overall power use, re The new blower system produced a 15% in annual energy savings. per month, netting $130K kW/hrs per year and reducing demand charges by 75 kW City of Santa Paula Advanced Water Treatment and Recycling Facility – Santa Paula, CA ch ula Advanced Water Treatment and Reclamation Facility whi r the design of the Santa Pa Mr. Gutierrez served as Sr. CAD Designer fo ion of ures. The design, permitting, and construct on-wall design and creative redundancy feat features all-enclosed treatment with comm d ld-operate-finance (DBOF) delivery method where PACE serve 18 months through a design-bui this 4.2 MBR facility was completed in the duration grading, mechanical, and utility plans for ordinated the CAD plan set of the civil, as the engineer-of-record. Mr. Gutierrez co works, two- ressive coarse-grit-fine screening head des a 17 MGD influent lift station, twin prog of the project. The completed facility inclu separation ling, six hollow-fiber membrane al nutrient removal trains tota three activated sludge - biologic stage surge attenuation basins, P, five 100 trains, and a National Water Research Institute (NWRI) compliant UV disinfection system. The facility also features three 200 H mption ced the overall energy consu -fine bubble aeration, which redu HP, and three 75 HP Aerzen air-bearing turbo blower units and ultra by 15-20%.

Expansion – Adelanto, CA ovements and Capacity City of Adelanto Treatment Plant Evaluation, Impr WWTP was receiving an average flow of 1.8 the design of the City’s WWTP upgrade. The Mr. Gutierrez served as Sr. CAD Design for w existing facility and recommended ne e upgrades. PACE evaluated the MGD, of which only 0.5 MGD was able to be treated prior to th ated capacity to inal plant capacity, but to increase the r ting systems to not only regain the orig infrastructure and rehabilitation of the exis o ks, three 200 HP Aerzen air-bearing turb screening and washing systems in the headwor 4.0 MGD. New plant infrastructure includes ation, ular clarifiers, a RAS/WAS pump st basins, two new 70’ diameter circ blowers and new aeration equipment in the existing secondary and new internal recycle pumping on the biological process ration Equipment Improvements – ation Facility Blower and Ae Las Virgenes Municipal Water District Tapia Water Reclam Calabasas, CA
the ts. The goal of the project was to improve er for the Tapia WRF Process Air Improvemen Mr. Gutierrez served as the Sr. CAD Design aeration ting new blower and Facility by implemen the existing 12 MGD Tapia Water Reclamation efficiency and reduce operational costs of to included upgrades Design elements iency while reducing maintenance costs. y and operational effic equipment which improves energ upgrades the aeration system included the HP, 480V Sulzer Magnetic Bearing Blowers; the process air system including (3) new 400 480 low al gear conversion from 4160 medium voltage to fine bubble aeration grids; and electric installation of over 60 retrievable, OTT voltage system.
– San Diego, CA y Civita Water Recycling MBR Facilit
vita cycled water for use in the Ci y designed to provide Title 22 re The Civita Water Recycling Facility is a 250,000 GPD MBR facilit n two levels his unique design that incorporates the treatment facility withi Development. Mr. Gutierrez served as the Sr. CAD Designer for t storage both the treatment and effluent dential/mixed use building to meet of the underground parking structure levels of a 5-story resi tanks, pumping , chlorine storage blowers, UV disinfection plit into two levels with the aeration/MBR needs for the community. The facility is s ,000- uring two 60 HP Kaeser Rotery Lob blowers, and 500 er level and MBR tanks, aeration system feat and electrical equipment on the upp oling munity parks, common landscape areas and co level. The treated water is applied to com gallon effluent storage tank on the lower towers. The treated water is applied to community parks, common landscape areas and cooling towers.

Chumash Water Reclamation Facility Expansion and Expansion – Santa Ynez, CA r the Chumash WFR MBR of 200,000 GPD. Mr. oversaw the team producing all design plans fo Mr. Gutierrez led all CAD design and and ease of interpretation on all products. Gutierrez ensured QA/QC review for accuracy 44 .,
C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 PROJECT ORGANIZATION AND STAFFING // 22
JUERGEN T. NICK, MS, PE
SR. ELECTRICAL ENGINEER
Registered Professional Engineer-Electrical/Power with over 30 Years of experience in Electrical Facility and Control System Design. Extensive International Commissioning-, Projectand Engineering Management Experience coordinating Civil, Mechanical, Structural and Electrical Design efforts. Experienced in Inverter Technologies, Switch Gear, Power Distribution and Control/SCADA System Design. Commissioning of Building Management Systems, Industrial and Ultrapure Water Treatment Facilities, Bulk Material Handling-, Power generating Systems within the Pharmaceutical, Semiconductor, Water & Wastewater and Mining & Metals Industry. Fluent in English and German, conversational in French and Spanish.

Mountain House Phase II – Mountain House, CA
Onsite EPC Project Manager in charge of managing the Prime Subcontractor Contractor (mechanical, electrical civil), Earth Work Contractor and Building Trades. Conducted weekly Progress Meetings with the Prime Subcontractor and monitored the Project Progress against the Schedule. Liaised with the end Client and kept the client updated on the Project Progress.

Together with the EPC determined plans of action to bring the Project back on schedule.

Managed Design Changes, Scope of Work and issued Change Orders to contractors.

Produced monthly reports summarizing the Project Progress. Negotiated Equipment Purchasing agreements for all mechanical and electrical equipment including Switch Gear and Emergency Backup Generators. Negotiated supply contracts for Earth Work Contractor and Building Trades. Assisted our company president in the negotiations of the Prime Subcontractor Contract. Reviewed submittals alongside Field Engineers. Managed Equipment Delivery Schedules and coordinated deliveries with the Subcontractors and Construction Progress. After completion of construction I managed the commissioning of the Mechanical, Electrical, Control and SCADA System followed by Performance testing of the Facility.

Tartesso I – Buckeye, AZ
Onsite EPC Project Manager in charge of managing the Mechanical, HVAC and Electrical Subcontractors. Juergen joined the project after civil construction had been completed and at the beginning of the Mechanical and electrical Installation. Liaised with the end Client and kept the client updated on the Project Progress. Together with the Field Engineers reviewed submittals. Managed Equipment Delivery Schedules and coordinated deliveries with the Subcontractors and Construction Progress. After completion of construction, Juergen managed the commissioning of the Mechanical, Electrical, Control and SCADA System followed by Performance testing of the Facility.

SPA 2 – Surprise, AZ
Design EPC Project Manager, managing the Mechanical, Electrical Design, Control and SCADA System Design of the Facility. Negotiated Equipment Purchasing agreements for all mechanical and electrical equipment including Control Systems, Switch Gear and Emergency Backup Generators. Together with the Field Engineers reviewed submittals. Managed Equipment Delivery Schedules and coordinated deliveries with the Subcontractors and Construction Progress. After completion of construction Juergen managed the commissioning of the Mechanical, Electrical, Control and SCADA System of the Facility.

SPA 3 / Surprise – Arizona (2007)
Design Project Manager, managing the Mechanical, Electrical Design, Control and SCADA System Design of the Facility. Negotiated Equipment Purchasing agreements for all mechanical and electrical equipment including Control Systems, Switch Gear and Emergency Backup Generators. Together with the Field Engineers reviewed submittals. Managed Equipment Delivery Schedules and coordinated deliveries with the Subcontractors and Construction Progress. After completion of construction Juergen managed the commissioning of the Mechanical, Electrical, Control and SCADA System of the Facility.

EDUCATION
M.S. Electrical Engineering
Zurich University / 1986

YEARS OF EXPERIENCE
30+ Years
Joined PACE in 2023
With others for over 30 years

REGISTRATIONS
Professional Engineer / CA
2010 / E19428
Professional Engineer / AZ
2010 / 51151
Electrical Contractor / AZ
Certification: 1997 / 272486
45 ··· ········ .. ······· .. ········ ... · RELATED EXPERIENCE ................................. .

C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 23 PROJECT ORGANIZATION AND STAFFING //
JUERGEN T. NICK, PE
SR. ELECTRICAL ENGINEER
PA 4 – Surprise, AZ S
Facility. ion), and Civil Design of the (including Backup Power Generat e Mechanical, Electrical Design Design Project Manager, managing th cted Local and State Standards. Condu mits and ensure compliance with rnmental Agencies to obtain Per Liaised wit Client, City and Gove Client and City Engineers progress meetings with End
PA 5 – Surprise, AZ S
Facility. n), and Civil Design of the including Backup Power Generatio Mechanical, Electrical Design ( Design Project Manager, managing the cted Local and State Standards. Condu rmits and ensure compliance with vernmental Agencies to obtain Pe Liaised wit Client, City and Go Client and City Engineers progress meetings with End
undance II – Buckeye, AZ S
Control and SCADA System Design of the Facility. Negotiated e Mechanical, Electrical Design, Design Project Manager, managing th y ems, Switch Gear and Emergenc cal equipment including Control Syst ments for all mechanical and electri Equipment Purchasing agree uipment Delivery Schedules and coordinated deliveries ide Field Engineers. Managed Eq Backup Generators. Reviewed submittals alongs ith the Subcontractors and Construction Progress. Managed the Electrical Contractor. Managed design changes, Scope of Work and w ical, the commissioning of the Mechanical, Electr ter completion of construction Juergen managed issued Change Orders to contractors. Af ontrol and SCADA System of the Facility. C
anta Paula – Santa Paula, CA S
and Electrical Design of the Bid Proposal. for the conceptual Process-, Civil-, Mechanical- Design Project Manager responsible mption Presentation of the bid Proposal to the cities Consulting Engineers. For the bid proposal Juergen conducted detailed Power consu umption was a guaranteed energy cons nt. A contract requirement igned energy efficient equipme nalysis for the Facility, selected and des a t in excess the Operator to pay for the Energy Cos ild, Operate, Finance Project which required f the Facility. The Project was a Design, Bu o atent was granted US P applied for a patent and ars. Based on the initial concept, Juergen f the guaranteed energy consumption for 20 ye o ign sign/Build/Operate contract; he managed the Des e MBR System. After being awarded the De Nr. 8287733 for the inovative Design of th System, eam consisting of Civil, Mechanical, Architectural, Structural and Electrical Design Engineers. Managed in-house the Electrical T ontrol System and SCADA Design. The Electrical Design included Power Distribution and Emergency Power Generation. Liaised with C t received a $500,000 Grant for the "Energy Efficien r tie in arrangements. Applied and he Utility Company and coordinated the Powe t quipment egotiated Equipment Purchasing agreements for all mechanical and electrical e Design" of the facility from the Utility Company. N ectrical Contractors Submittals, managed the p Generators. Reviewed and approved the El including Switch Gear and Emergency Backu m of the Mechanical, Electrical, Control and SCADA Syste uergen managed the commissioning lectrical contractor and answered RFI’s. J e ollowed by Performance testing of the Facility. f
46 .,
C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 PROJECT ORGANIZATION AND STAFFING // 24
CV for Stephen Saunders
Stephen Saunders
69 Harbourview Lane
Chamcook, NB E5B 3G8
Phone: 352 505 9788
Fax: 352 505 9788
Cell: 506 467 4617
E-mail: [email protected]

Principal Consultant: 2004-present
IbisGroup Inc. Chamcook, NB
Ibis Group Inc. is a technical support company providing numerical fluid modeling and analysis services. The bulk of the projects undertaken by Ibis Group are in the waste and potable water treatment industry. In this field, an expertise with process elements that have fluid flow characteristics critical to system efficacy has been established. Work with these elements includes reservoir hydraulic efficiency, lift station evaluation, headworks flow distribution, optimization and through-flow analysis of clarifier, anoxic zone, aeration basin and outfall contact tanks.

In addition to water treatment, Ibis Group has expertise in free surface modeling projects including open channel flow and interaction of ocean waves with stationary and moving structures.

Emphasis at Ibis Group is to provide anaysis and evaluation of designs that will aid clients in attaining predictable and economical life cycle costs for their installations.

Consulting Engineer: 2002-2004
ASE Technologies Inc. Phoenix, AZ
Combustor modeling: Optimized combustor designs for ultra low NOx and soot emissions. Design and modeling of atomized water injection system for test cell exhaust gas cooling.

Scramjet modeling: Evaluated designs for optimal shock stability and center body placement.

Stationary gas turbine generator: Airside and gas side flow modeling for heat exchanger in exhaust waste heat recuperator.

Transonic Gap seal development: Optimized transonic gap seals for gas turbine engines.
47 C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 PROJECT ORGANIZATION AND STAFFING // 25
Engineering and sales: Provided hydraulic expertise for project proposals and bid submittals in the form of CFD models, with accompanying analyses and reports.

Training: Conducted technical training seminars throughout the U.S. for regional engineering and sales personnel.

Project management: Performed as project managing engineer to ensure successful completion of large or non-standard projects.

Visiting R&D Engineer/CFD Specialist: 1996-1999
ITT Flygt Headquarters: Solna, Sweden
CFD pilot program: Explored developmental and commercial potentials for Flygt’s newly acquired Fluent license. Validation of the CFD code against hard data was critical.

Consequently, responsibilities included building and testing physical models in the Flygt lab plus collecting data from full scale applications in the field.

Systems and Applications Engineer/Project Manager: 1993-1996 ITT Flygt: Systems Engineering Department Trumbull, CT
Product support: Interfaced with regional engineers, marketing/sales personnel and customers to provide the necessary technical and engineering support for mixers and slurry pumps.

R&D Engineer: 1988-1993
Textron Lycoming: Aero/Performance Dept. Stratford, CT
Physical and numerical modeling: Designed and supervised the operation of test rigs for inlet particle separation systems and IR suppressing exhaust gas mixers for gas turbine engines deployed in helicopter, fixed wing aircraft and battle tank applications.

Development engineering: Implemented pilot program to cut development and testing time of new engine parts.

EDUCATION
BS ENG: University of New Brunswick, 1985, Mechanical Engineering GRADUATE EXCHANGE: Eidgenösische Technische Hochshule Zürich, 1985-1986 MSME: Purdue University, 1988, Mechanical Engineering
48 C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 PROJECT ORGANIZATION AND STAFFING // 26

PUBLICATIONS
CFD Modelling for Wastewater Treatment Processes - IWA Working Group on Computational Fluid Dynamics
Scientific and Technical Report Series No. 30 2022, IWA publishing, ISBN: 9781780409023 CFD for Wastewater Treatment: An Overview
Water Science and Technology May 2016, wst2016249; DOI: 10.2166/wst.2016.249 Good Modelling Practice in Applying Computational Fluid Dynamics for WWTP Modelling Water Science and Technology Mar 2016, 73 (5) 969-982; DOI: 10.2166/wst.2015.565 A Protocol for the Use of CFD as a Supportive Tool for Wastewater Treatment Plant Modeling Water Science and Technology 2014 Nov, 70 (10) 1575-1584; DOI: 10.2166/wst.2014.425 Pumps Assist Migrating Salmon on the Columbia River, Fluent News, Newsletter Volume 10, Issue 2, Winter 2001
CFD as a Mixing Applications Tool, Scientific Impeller, 1998 CFD as a Mixing Applications Tool, Fluent User Group Meeting Gothenburg, Sweden 1998 Fish Attraction System for Wanapum Dam, Scientific Impeller, 1996 Introduction to Computer Graphics for Engineers, University of New Brunswick 1985

PROFESSIONAL AFFILIATIONS
American Society of Mechanical Engineers
Water Environment Federation
International Water Association
New England Water Environment Association
49 Similar to past projects, PACE will present potential improvement options for the City’s review and consideration. PACE is requesting support from the City’s staff to provide feedback on PACE’s recommended improvement options to implement for this project. Additionally support from the City-paid interns to assist with obtaining records drawings and field dimensions can be utilized if available C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 PROJECT ORGANIZATION AND STAFFING // 27

SUPPORT REQUIRED

FROM CITY STAFF
50 C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 51

RELATED

EXPERIENCE
C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 RELATED EXPERIENCE // 28
Mountain House Water Reclamation Facility Expansion Tracy, CA The Mountain House Community Services District
Wastewater Reclamation Facility Phase III Expansion
expanded the capacity of the existing facility to 5.4
MGD of average flow, with a peak hour wet weather
flow of 16.7 MGD. The facility utilizes a combination
of multi-stage screening and grit removal, with a
membrane bioreactor to produce tertiary Title 22
compliance recycled water.

The expansion includes a new headworks consisting
of two cast-in-place concrete flow channels to house
6 mm and 2 mm center flow band screens and
grit vortex chambers installed in between the two
screening systems. The new headworks was sized
to service the peak hour wet weather flow rate of
the expanded service area (16.7 MGD) which was
determined based on the existing historical sewer
and wet weather flow data of the collection area.

The grit removal system consists of a continuously
operated vortex style chamber consisting of a larger
diameter upper separation chamber and lower
collections sump. The dimensions and operating
water depths of the chambers were determined
based on the design flow rate and CFD modeling
conducted by the manufacturer. Consistent
performance of the grit chamber throughout the
wide flow ranges of the plans will be maintained
by the motor driven impeller that continuously
rotates within the upper separation chamber. The
collected grit is pumped out of the lower collections
sump through an airlift pump to the grit screw
classifier system consisting of an above ground screw
conveyor, washer, and hydrocyclone.

Relevant Features
Client Info
IHP Capital Partners
Nader Shareghi
230 S Sterling Dr, Ste 100, Mountain House, CA 95391
(209) 831-5607 | [email protected]
Project Dates
2018-2023
Team Members
James Matthews, PE QA/QC and Instrumentation
Controls Programming Principal
Robert Murphy, PE Project Manager
Thomas Mihara, PE Design Engineer
Thomas Gutierrez Sr. CAD Designer
Kyle Smith, EIT Design Engineer
6 Upgrade of existing facility
6 Headworks consisting of two cast-in-place
concrete flow channels to house 6 mm and
2 mm center flow band screens and grit
vortex chambers installed in between the
two screening systems
6 Continuously operated grit vortex style
chamber consisting of a larger diameter
upper separation chamber and lower
collections sump
6 Operational during construction –
developed sequence of construction
6 Instrumentation and controls
programming
6 Provided services during bid and
construction
52 RELATED EXPERIENCE
C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 RELATED EXPERIENCE // 29
Tuolumne Utilities District Sonora Regional Wastewater Treatment Plant Upgrades Sonora, CA PACE performed a facility assessment and upgrade
design for the 2.6 MGD Average Daily Flows (ADF)
Sonora Regional Wastewater Treatment Plant
(SRWWTP) to address the facility’s declining effluent
performance. The existing SRWWTP features a
conventional trickling filter secondary process
that utilizes two trickling filters, followed by two
secondary clarifiers, three aerated polishing ponds,
and a chlorine disinfection system. To improve
the facility’s functionally and performance, PACE
performed design upgrades to increase the capacity
to 5.0 MGD of Max Day Flows (MDF) and 10.0 MGD
Peak Hour Flows (PHF) treated by a new headworks,
primary screening and grit removal, new dual-train
extended aeration activated sludge (EAAS) basins,
new secondary clarifiers, new chlorine disinfection
system, new effluent disk cloth filters and a new
sludge dewatering facility.

The new headworks consists of two cast-in-place
concrete flow channels to house 6 mm multi-rake
bar screens and grit vortex chambers. The new
headworks was sized to service the peak hour flow
rate of 10 MGD and was selected through a preselected performance-based specification process.

The grit removal system consists of a continuously
operated vortex style chamber, consisting of a larger
diameter upper separation chamber and lower
collections sump. The dimensions and operating
water depths of the chambers were determined
based on the design flow rate and CFD modeling
conducted by the manufacturer. Consistent
performance of the grit chamber throughout the
wide flow ranges of the plans will be maintained by
the motor driven impeller that continuously rotates
within the upper separation chamber. The collected
grit is pumped out of the lower collections sump
through an airlift pump to the grit screw classifier
system consisting of an above-ground screw
conveyor, washer, and hydrocyclone.

Relevant Features
Client Info
Tuolumne Utilities District
Erik Johnson - District Engineer
18885 Nugget Blvd., Sonora, CA 95391
(209) 532-5536 | [email protected]
Project Dates
2019-Ongoing
Team Members
James Matthews, PE Principal
Robert Murphy, PE Project Manager
6 Upgrade of existing facility
6 New headworks consisting of two
cast-in-place concrete flow channels to
house 6 mm multi-rake bar screens and
grit vortex chambers
6 Continuously operated grit vortex style
chamber, consisting of a larger diameter
upper separation chamber and lower
collections sump
6 CFD modeling to determine
chamber sizing
6 Operational during construction –
developed sequence of construction
6 Instrumentation and controls
programming
6 Provided services during bid and
construction
53 C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 RELATED EXPERIENCE // 30
City of Lathrop Advanced Water Treatment and Recycling Facility Expansion Lathrop, CA PACE provided project development, studies, design,
and bid and construction administration services
for two phases of expansion of the City of Lathrop
Consolidated Treatment Facility (CTF), an MBR
wastewater treatment facility that treats residential
and commercial/industrial sewage flows. Prior to the
first expansion, the facility’s capacity was 1.0 MGD.

The Phase 2 expansion took the capacity to 2.5 MGD,
and the Phase 3 capacity currently under design
will bring the facility to 4.0 MGD, with several major
provisions designed as part of Phase 3 to support the
ultimate buildout capacity of 6.0 MGD.

The headworks that was installed during the Phase
2 expansion consists of a custom 316 stainless steel
platform structure housing two parallel flow trains.

Each train is equipped with a 6mm fine rotary drum
screen and a 2 mm ultra-fine rotary drum screen
separated by a vortex grit removal system followed
by a grit classifier with cyclone separator. Each
headworks train was sized for an average day flow of

2.5 MGD (4.0 MGD peak hour).

The vortex grit removal system between the fine and
ultra-fine screens consists of a grit chamber with and
upper diameter of 8 feet. A sloping floor narrows the
chamber down to 3 feet to the below grit collection
sump. A slow rotating X impeller aids in the
separation of the higher density grit particles from
the lower density organics and the main wastewater
stream. The collected grit is pumped from the lower
sump by a self-priming centrifugal pump to the grit
classifier and cyclone separator. The grit collector
systems are also equipped with common odor
control unit.

Relevant Features
Client Info
City of Lathrop
Ken Reed - City Project Manager
390 Towne Centre Drive, Lathrop, CA 95330
(209) 992-7363 | [email protected]
Project Dates
2015-Present
Team Members
James Matthews, PE Principal – QA/QC and
Instrumentation Controls
Robert Murphy, PE Sr. Project Engineer
Thomas Mihara, EIT Project Engineer (services
during construction)
Thomas Gutierrez Sr. CAD Designer
6 Upgrade of existing facility
6 New headworks consisting of 6mm fine
drum screen and grit removal through an
aerated grit chamber and conveyor
6 Aerated grit chamber installed directly
after the drum screen
6 Operational during construction –
developed sequence of construction
6 Instrumentation and controls
programming
6 Provided services during bid and
construction
54 C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 RELATED EXPERIENCE // 31
Winslow Wastewater Treatment Plant Evaluation and Upgrade Winslow, AZ 6 Upgrade of existing facility
6 New headworks consisting of 6.8 MGD
rated, 6mm drum screen with an attached
aerated grit chamber and conveyor
6 Aerated grit chamber installed directly
after the drum screen
6 Develop construction sequencing
6 Provided services during bid and
construction
6 Operational during construction –
developed sequence of construction
Relevant Features
PACE was hired by the City of Winslow to perform
an evaluation of the deficiencies of the City’s WWTP,
which was struggling to meet water quality permit
requirements. The plant was plagued by operational
issues, making the effective treatment capacity
roughly half of its design capacity of 2.2 MGD.

Through the preparation of a Process, Efficiency,
and Alternative Analysis Evaluation, several major
process deficiencies were identified, as well as
proposed improvements for each that preserved as
much of the existing facility that was practical.

The improvements installed a new combined
headworks system consisting of a 6.8 MGD rated,
6mm drum screen with an attached aerated grit
chamber and conveyor. The grit removal system
consists of an aerated grit chamber installed directly
after the drum screen. To promote settling of grit,
coarse bubble diffusers installed on one side of
the tank promote a spiral mixing pattern where a
horizontal screw conveyor moves the collected grit
into a centralized hopper. From here an inclined screw
conveyor conveys the grit out of the tank for disposal.

Client Info
City of Winslow
Tim Westover - Public Works Director
21 Williamson Avenue, Winslow, AZ 86047
(928) 289-4011 | [email protected]
Project Dates
2012-2018
Team Members
James Matthews, PE Principal – QA/QC and
Instrumentation Controls
Robert Murphy, PE Sr. Project Engineer
55 C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 RELATED EXPERIENCE // 32
Show Low Wastewater Treatment Plant Evaluation and Expansion Show Low, AZ 6 Upgrade of existing facility
6 New headworks consisting of custom 316
stainless steel platform structure housing
two parallel flow trains
6 6mm fine rotary drum screen and a 2 mm
ultra-fine rotary drum screen separated by
a vortex grit removal system followed by
a grit classifier with cyclone separator in
each train
6 Operational during construction -
developed sequence of construction
6 Provided services during bid and
construction
Relevant Features
The City of Show Low commissioned PACE to
develop an improvement plan and perform design
services to upgrade the existing aerated lagoon
WWTP. The existing WWTP process did not have the
capabilities to meet stringent effluent requirements,
especially for ammonia. PACE’s design modified the
existing aerated lagoon configuration to utilize a new
headworks in combination with an extended aeration
(Biolac®) activated sludge treatment process.

The new headworks system provides screening
through a 6mm fine drum screen and grit removal
through an aerated grit chamber and conveyor.

The grit removal system consists of an aerated grit
chamber installed directly after the drum screen.

To promote settling of grit, coarse bubble diffusers
installed on one side of the tank promote a spiral
mixing pattern where a horizontal screw conveyor
moves the collected grit into a centralized hopper.

From here, an inclined screw conveyor conveys the
grit out of the tank for disposal. Odor and vector
issues associated with the screenings and grit is
reduced through the installation of an auto bagging
unit on the discharge chute.

Client Info
City of Show Low
Bill Kopp - Public Works Director
180 N 9th Street, Show Low, AZ 85901
(928) 532-4081 | [email protected]
Project Dates
2014-2016
Team Members
James Matthews, PE Principal – QA/QC and
Instrumentation Controls Lead Engineer
Robert Murphy, PE Sr. Project Engineer
Thomas Gutierrez Sr. CAD Designer
56 ADDITIONAL HEADWORKS EXPERIENCE

REPRESENTATIVE PROJECTS

TREATMENT

CAPACITY
(MGD-AVERAGE)

TYPE OF

TREATMENT

PROCESS

TYPE OF PRIMARY

SCREENING
(6-10MM)

TYPE OF GRIT

REMOVAL

TYPE OF GRIT WASHER /

CLASSIFICATION
City of Adelanto WWTP Upgrades, Adelanto, CA 3.0 Biolac® Mech Bar Vortex Grit Classifier Barona WRF (Original and Upgrades), Lakeside, CA 0.8 SBR Int Drum Vortex Grit Classifier City of El Mirage WRF, El Mirage, AZ 3.6 SBR Helix Sieve Vortex Grit Classifier City of Lathrop WRF Expansion, Lathrop, CA 2.5 MBR Helix Sieve Channel Grit Cyclone-Classifier Mountain House CSD WRF, Tracy, CA 3.0 SBR Helix Sieve Vortex Grit Classifier Litchfield Park CSD Palm Valley WRF, Goodyear, AZ 4.1 SBR Helix Sieve Vortex Grit Classifier Pinetop Lakeside WWTP Improvements, Pinetop, AZ 2.0 OD Mech Bar Channel Grit Classifier Town of Quartzsite WWTP Expansion, Quartzsite, AZ 0.8 SBR Helix Sieve Channel Grit Classifier City of Bisbee San Jose WWTP, Bisbee, AZ 1.2 SBR Helix Sieve Channel Grit Classifier City of Santa Paula WRF, Santa Paula, CA 4.2 MBR Helix Sieve Vortex Grit Classifier City of Show Low WWTP, Show Low, AZ 2.5 Biolac® Helix Sieve Channel Grit Cyclone-Classifier City of Sierra Vista EOP WWTP, Sierra Vista, AZ 4.0 MLE Helix Sieve Channel Grit Cyclone-Classifier City of Sierra Vista Tribute WWTP, Sierra Vista, AZ 0.25 MBR Mech Bar Channel Grit Classifier City of Somerton WWTP, Somerton, AZ 1.8 Barden Pho Mech Bar Vortex Horizontal Grit Classifier City of Surprise SPA 2 WRF, Surprise, AZ 1.2 SBR Helix Sieve Channel Horizontal Grit Classifier City of Surprise SPA 3 WRF, Surprise, AZ 1.8 SBR Helix Sieve Channel Horizontal Grit Classifier City of Surprise SPA 4 WRF, Surprise, AZ 1.2 SBR Helix Sieve Channel Grit Classifier City of Winslow WWTP, Winslow, AZ 2.2 OD Helix Sieve Channel Grit Cyclone-Classifier Mountain House CSD WRF, Tracy, CA 5.4 MBR Band Screen Vortex Grit Cyclone-Classifier Sonora Regional WWTP, Sonora, CA 2.6 Biolac® Multi-rake Vortex Vortex C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 RELATED EXPERIENCE // 33
PACE has been the lead engineer on more than 15 wastewater facilities over the last 5 years with specific requirements for new or upgraded headworks system designs which incorporated grit vortex style chambers or aerated grit channels, as well as grit washers/classifiers. Below is a partial list of projects completed by PACE involving wastewater headworks equipment, grit removal systems and controls. 57 FIRM REFERENCES
C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 RELATED EXPERIENCE // 34
City of Vista
Ken Knatz
Sewer Engineering Division Manager
City of Vista (formerly with City of San Clemente)
200 Civic Center Drive, Vista, CA 92084
(760) 643-5416
City of Lathrop
Ken Reed
Construction Manager
390 Towne Centre Dr., Lathrop, CA 95330
(209) 992-7363
Mountain House Community
Services District
Nader Shareghi
Interim General Manager
230 S Sterling Dr Ste 100, Mountain House, CA 95391
(209) 831-5607
City of Show Low
Bill Kopp
Public Works Director
180 N 9th Street, Show Low, AZ 85901
(928) 532-4081
City of Winslow
Tim Westover
Public Works Director
21 Williamson Avenue, Winslow, CA 86047
(928) 289-4011
58 C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 59

PROJECT

SCHEDULE
PROJECT SCHEDULE // 35

TASK DESCRIPTION OF WORK WKS
C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75

1.0 Preliminary Design 12
Notice to Proceed (NTP) N/AKick-Off Meeting / Data Gathering 2Draft Preliminary Design Report 6City Review 2Final Preliminary Design Report 2

2.0 Design Plans & Specifications 20

2.1 60% Design Plans & Specifications 6
City Review 2

2.2 90% Design Plans & Specifications 6
City Review 2

2.3 Final Bid Documents 2
City Review 2

3.0 Construction Bid Assistance Services 39

3.1 Pre-Construction Meeting 1

3.2 Services During Construction 343.3 Start-up, Commissioning and Inspection 23.4 Record Drawings 2 B
I
D
P
R
O
C
E
SS
60 --
-
------
--- ••
-
■
-
-
■
------
■
------
------
■
-
■
-
-
■
-
■
-
-
■
--
■
--
--
■
---
■
---
---
■
-
■
-
-
■
----
■
----
----
■ ■
-
■ ---
■
-- .•1 -- 1· ■ -
■
-
■
-
-
■
------
--
1· ■
-
■
--
■
-
■
----- ■
---
-
■ I ■
-
■ ■ I ■ ■
w
----
■ I
- -
- -
- -
- -
■ ■ t3 S ■ ■ ■ w O
7 W Q I
a: O
Q_ U) ■ ■ ■
C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 61 COST
DATA
COST DATA // 36
TASK DESCRIPTION OF WORK PRINCIPAL SR. PROJECT MANAGER SR. CONSULTING ENGINEER STRUCTURAL ENGINEER ELECTRICAL ENGINEER SR. PROJECT ENGINEER PROJECT ENGINEER SR. CAD DESIGNER PROJECT COORDINATOR MAN-POWER SUBTOTAL TOTAL TASK COST $285 $245 $245 $245 $245 $210 $180 $165 $100

0.0 Project Management & Meetings $8,910

0.1 Reimbursable Expenses (Included in Task Fees Below) N/A0.2 Project Management, Billing, and Invoicing 16 6 $4,520

0.3 Meetings and Data Gathering 1 7 7 4 2 $4,390

1.0 Preliminary Design $37,680

1.1 Process Assessment and Preliminary Design Report 2 20 36 2 36 50 36 4 $37,680

2.0 Design Plans and Specifications $67,145

2.1 60% Design Plans and Specifications 4 8 8 24 50 60 2 $29,200

2.2 90% Bid Documents 1 12 32 12 26 50 1 $26,6152.3 Final Bid Documents 8 6 8 12 24 1 $11,330

3.0 Construction Support Services $37,930

3.1 Pre-Bid Support 8 0.5 8 12 2 $6,1233.2 Construction Meetings and Start-Up Commissioning Support 20 20 20 $12,7003.3 Construction Submittal Review and RFIs 11.5 5 11.5 34 $12,5783.4 Record Drawings 1 1 2 16 16 1 $6,530

4.0 Project Deliverables
Total All Task 1-4 $151,665 $151,665
C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 62 ~
~
ti)
8 I I II I I
C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 This proposal is in strict compliance with the Request for Proposal and Draft Agreement and no exceptions to either are proposed.
63 STATEMENT OF

COMPLIANCE
C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 PACE agrees that in carrying out its responsibilities under this agreement, and in particular, with regard to the employment of persons working on the project, it will not discriminate based on 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.
64 OTHER

INFORMATION
65 PACE -- Advonc-.d Water En9innrin9
17520 Newhope Street, Suite 200
Fountain Valley, CA 92708
714.481.7300 I www.pacewater.co
12 55452.01100\31193624.5
EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall perform the Services according to the following schedule:
66 PROJECT SCHEDULE // 35

TASK DESCRIPTION OF WORK WKS
C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75

1.0 Preliminary Design 12
Notice to Proceed (NTP) N/AKick-Off Meeting / Data Gathering 2Draft Preliminary Design Report 6City Review 2Final Preliminary Design Report 2

2.0 Design Plans & Specifications 20

2.1 60% Design Plans & Specifications 6
City Review 2

2.2 90% Design Plans & Specifications 6
City Review 2

2.3 Final Bid Documents 2
City Review 2

3.0 Construction Bid Assistance Services 39

3.1 Pre-Construction Meeting 1

3.2 Services During Construction 343.3 Start-up, Commissioning and Inspection 23.4 Record Drawings 2 B
I
D
P
R
O
C
E
SS
67 --
-
------
--- ••
-
■
-
-
■
------
■
------
------
■
-
■
-
-
■
-
■
-
-
■
--
■
--
--
■
---
■
---
---
■
-
■
-
-
■
----
■
----
----
■ ■
-
■ ---
■
-- .•1 -- 1· ■ -
■
-
■
-
-
■
------
--
1· ■
-
■
--
■
-
■
----- ■
---
-
■ I ■
-
■ ■ I ■ ■
w
----
■ I
- -
- -
- -
- -
■ ■ t3 S ■ ■ ■ w O
7 W Q I
a: O
Q_ U) ■ ■ ■
55452.01100\31193624.5
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 the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

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:
68 55452.01100\31193624.5
(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.

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.
69 55452.01100\31193624.5

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.