Agenda packet, regular meeting, first session — San Clemente City Council, December 5, 2023 (part 2 of 6)

32 El Camino Real RTSSP
Appendix E

ADDITIONAL INFORMATION
25 33
Transportation Studies, Inc.
2640 Walnut Avenue, Suite L
Tustin, CA. 92780
Location : EL CAMINO REAL Site: SAN CLEMENTE
Segment : N/O AVENIDA BARCELONA Date: 01/10/22
Client : CITY SAN CLEMENT
Interval NB SB Combined Day: Monday
Begin AM PM AM PM AM PM
12:00 11 24 109 451 4 22 134 496 15 46 243 947
12:15 6 106 9 125 15 231
12:30 3 114 5 117 8 231
12:45 4 122 4 120 8 242
01:00 5 16 121 453 3 5 96 439 8 21 217 892
01:15 0 96 0 125 0 221
01:30 6 122 2 99 8 221
01:45 5 114 0 119 5 233
02:00 0 4 118 4611 8 105 455 1 12 223 916
02:15 109 4 112 2 6 221
02:30 136 2 126 1 3 262
02:45 98 1 112 1 2 210
03:00 3 10 119 529 2 9 125 479 5 19 244 1,008
03:15 4 118 1 114 5 232
03:30 1 135 2 108 3 243
03:45 2 157 4 132 6 289
04:00 3 20 124 548 0 13 145 538 3 33 269 1,086
04:15 10 156 4 131 14 287
04:30 2 138 2120 4 258
04:45 130 7 142 5 12 272
05:00 10 62 120 504 6 48 128 456 16 110 248 960
05:15 12 138 10 118 22 256
05:30 18 140 12 110 30 250
05:45 22 106 20 100 42 206
06:00 117 109 362 20 95 96 342 212 704 15 35 205
06:15 95 14 90 28 42 185
06:30 78 26 76 35 61 154
06:45 39 80 35 80 74 160
07:00 57 286 81 248 48 220 92281 105 506 173 529
07:15 46 82 44 72 90 154
07:30 83 48 63 74 146 122
07:45 100 37 65 43 165 80
08:00 108 412 58 178 64 280 57 205 172 692 115 383
08:15 94 52 82 55 176 107
08:30 116 40 71 52 187 92
08:45 94 28 63 41 157 69
09:00 98 444 41 129 75 348 26 125 173 792 67 254
09:15 106 30 86 45 192 75
09:30 126 35 93 28 219 63
09:45 114 23 94 26 208 49
10:00 137 481 25 68 76 348 16 49 213 829 41 117
10:15 121 16 84 10 205 26
10:30 108 14 88 15 196 29
10:45 115 13 100 8 215 21
11:00 98 468 13 43 104 452 13 44 202 920 26 87
11:15 134 11 121 5 255 16
11:30 118 11 92 12 210 23
11:45 118 8 135 14 253 22
Totals 2,344 3,9741,848 3,909 4,192 7,883
Split% 55.9 50.4 44.1 49.6
Day Totals 6,318 5,757 12,075
Day Splits 52.3 47.7
Peak Hour 09:30 03:45 11:00 04:00 11:00 03:45
Volume 498 575 452 538 920 1,103
Factor 0.91 0.92 0.84 0.93 0.90 0.95
* Data File : D2201006 26 34
Transportation Studies, Inc.
2640 Walnut Avenue, Suite L
Tustin, CA. 92780
Location : EL CAMINO REAL Site: SAN CLEMENTE
Segment : N/O AVENIDA BARCELONA Date: 01/11/22
Client : CITY SAN CLEMENT
Interval NB SB Combined Day: Tuesday
Begin AM PM AM PM AM PM
12:00 6 22 136 507 6 21 146 512 12 43 282 1,019
12:15 128 7 113 4 11 241
12:30 6 110 4 149 10 259
12:45 6 133 4104 10 237
01:00 6 24 118 507 4 18 133 525 10 42 251 1,032
01:15 6 159 4 130 10 289
01:30 6 106 2 133 8 239
01:45 6 124 8 129 14 253
02:00 8 18 112 513 6 12 108 473 14 30 220 986
02:15 129 0 117 6 6 246
02:30 128 2 123 2 4 251
02:45 144 4 125 2 6 269
03:00 1 11 124 520 1 6 148 526 2 17 272 1,046
03:15 2 126 1119 3 245
03:30 5 134 4 141 9 275
03:45 3 136 0 118 3 254
04:00 0 13 110 500 1 13 130 504 1 26 240 1,004
04:15 6 140 2 122 8 262
04:30 1 130 0 130 1 260
04:45 120 10 122 6 16 242
05:00 14 67 133 546 6 47 128 457 20 114 261 1,003
05:15 144 12 118 14 26 262
05:30 20 144 14 114 34 258
05:45 19 125 15 97 34 222
06:00 138 123 409 14 114 109 419 252 828 24 38 232
06:15 94 32 99 34 66 193
06:30 100 28 99 32 60 199
06:45 48 92 40 112 88 204
07:00 62 324 75 265 53 236 86 308 115 560 161 573
07:15 76 88 62 74 138 162
07:30 80 60 51 72 131 132
07:45 106 42 70 76 176 118
08:00 92 401 51 176 67 300 60 197 159 701 111 373
08:15 91 43 76 39 167 82
08:30 103 42 82 58 185 100
08:45 115 40 75 40 190 80
09:00 92 374 27 131 80 316 37 122 172 690 64 253
09:15 95 38 84 40 179 78
09:30 87 40 7424 161 64
09:45 26 78 21 100 178 47
10:00 435 22 70 94 392 20 75 827 145 120 214 42
10:15 20 104 20 97 201 40
10:30 104 13 92 22 196 35
10:45 114 15 10213 216 28
11:00 116 491 12 42 118 457 10 43 234 948 22 85
11:15 122 12 127 11 249 23
11:30 122 9 108 8 230 17
11:45 131 9 104 14 235 23
Totals 2,318 4,186 1,9324,1614,250 8,347
Split% 54.5 50.1 45.5 49.9
Day Totals 6,504 6,093 12,597
Day Splits 51.6 48.4
Peak Hour 11:00 05:00 11:00 02:45 11:00 02:45
Volume 491 546 457 533 948 1,061
Factor 0.94 0.95 0.90 0.90 0.95 0.96
* Data File : D2201006 27 35
Transportation Studies, Inc.
2640 Walnut Avenue, Suite L
Tustin, CA. 92780
Location : EL CAMINO REAL Site: SAN CLEMENTE
Segment : N/O AVENIDA BARCELONA Date: 01/12/22
Client : CITY SAN CLEMENT
Interval NB SB Combined Day: Wednesday
Begin AM PM AM PM AM PM
12:00 16 40 122 539 10 21 130 502 26 61 252 1,041
12:15 136 4 124 7 11 260
12:30 11 150 4 128 15 278
12:45 6 131 3 120 9 251
01:00 2 5 120 485 4 9 126 480 6 14 246 965
01:15 1 109 3 123 4 232
01:30 2 132 2 122 4 254
01:45 0 124 0 109 0 233
02:00 3 9 128 531 0 1 124 517 3 10 252 1,048
02:15 4 138 0 130 4 268
02:30 2 139 1 124 3 263
02:45 0 126 0 139 0 265
03:00 0 4 160 565 1 4 126 486 1 8 286 1,051
03:15 1 128 1104 2 232
03:30 143 0 126 0 0 269
03:45 134 2 130 3 5 264
04:00 11 147 591 0 11 114 484 22 1 3 3 261 ,075
04:15 0 142 2 124 2 266
04:30 2 142 0 104 2 246
04:45 160 9 142 6 15 302
05:00 8 51 143 553 6 49 130 474 14 100 273 1,027
05:15 124 3 105 10 13 229
05:30 15 156 18 141 33 297
05:45 18 130 22 98 40 228
06:00 16 126 134 398 18 104 106 379 34 230 240 777
06:15 31 104 25 96 56 200
06:30 35 72 26 87 61 159
06:45 44 88 35 90 79 178
07:00 50 306 100 289 37 245 94294 87 551 194 583
07:15 66 72 54 74 120 146
07:30 76 54 67 56 143 110
07:45 114 63 87 70 201 133
08:00 100 416 50 193 71 304 58 220 171 720 108 413
08:15 94 52 77 56 171 108
08:30 49 78 56 124 202 105
08:45 98 42 78 50 176 92
09:00 90 423 33 111 88 342 34 129 178 765 67 240
09:15 106 36 76 40 182 76
09:30 110 24 86 33 196 57
09:45 117 18 92 22 209 40
10:00 112 486 23 79 90 375 30 71 202 861 53 150
10:15 145 26 79 17 224 43
10:30 104 18 92 14 196 32
10:45 125 12 114 10 239 22
11:00 116 498 16 50 106 429 11 44 222 927 27 94
11:15 122 4 100 11 222 15
11:30 126 23 119 14 245 37
11:45 134 7 104 8 238 15
Totals 2,375 4,3841,8944,080 4,269 8,464
Split% 55.6 51.8 44.4 48.2
Day Totals 6,759 5,974 12,733
Day Splits 53.1 46.9
Peak Hour 11:00 04:00 10:45 02:15 10:45 04:45
Volume 498 591439 519 928 1,101
Factor 0.93 0.92 0.92 0.93 0.95 0.91
* Data File : D2201006 28
36 Transportation Studies, Inc.
2640 Walnut Avenue, Suite L
Tustin, CA. 92780
Location : EL CAMINO REAL Site: SAN CLEMENTE
Segment : N/O AVENIDA BARCELONA Date: 01/13/22
Client : CITY SAN CLEMENT
Interval NB SB Combined Day: Thursday
Begin AM PM AM PM AM PM
12:00 8 34 140 524 9 32 144 466 17 66 284 990
12:15 9 124 10 111 19 235
12:30 10 132 7 119 17 251
12:45 7 128 6 92 13 220
01:00 4 12 125 505 3 13 104 436 7 25 229 941
01:15 4 117 3 110 7 227
01:30 2 129 1 92 3 221
01:45 2 134 6 130 8 264
02:00 1 6 128 515 4 6 136 517 5 12 264 1,032
02:15 1 126 1 135 2 261
02:30 2 134 0 118 2 252
02:45 2 127 1 128 3 255
03:00 2 9 131 549 5 14 146 555 7 23 277 1,104
03:15 5 139 6 131 11 270
03:30 143 3 134 1 4 277
03:45 136 0 144 1 1 280
04:00 15 138 559 0 13 132 519 28 1 0 0 270 ,078
04:15 4 138 2 139 6 277
04:30 4 139 4130 8 269
04:45 7 144 7 118 14 262
05:00 8 63 152 626 12 54 131 429 20 117 283 1,055
05:15 166 3 127 6 9 293
05:30 23 160 17 90 40 250
05:45 26 148 22 81 48 229
06:00 23 159 138 442 16 118 100 363 39 277 238 805
06:15 42 101 24 84 66 185
06:30 41 114 36 87 77 201
06:45 53 89 42 92 95 181
07:00 34 308 72 246 49 227 83 273 83 535 155 519
07:15 82 68 48 60 130 128
07:30 82 59 54 65 136 124
07:45 110 47 76 65 186 112
08:00 118 439 49 188 84 340 68 227 202 779 117 415
08:15 105 36 70 51 175 87
08:30 104 50 100 62 204 112
08:45 112 53 86 46 198 99
09:00 116 466 39 129 94 343 48 142 210 809 87 271
09:15 114 28 91 33 205 61
09:30 118 31 80 35 198 66
09:45 118 31 78 26 196 57
10:00 106 468 19 73 68 378 18 70 174 846 37 143
10:15 116 19 114 24 230 43
10:30 114 19 94 18 208 37
10:45 132 16 10210 234 26
11:00 515 14 47 108 427 16 53 942 100 126 234 30
11:15 15 105 12 126 231 27
11:30 9 122 10 130 252 19
11:45 133 9 92 15 225 24
Totals 2,4944,403 1,965 4,050 4,459 8,453
Split% 55.9 52.1 44.1 47.9
Day Totals 6,897 6,015 12,912
Day Splits 53.4 46.6
Peak Hour 11:00 05:00 10:45 03:00 10:45 04:30
Volume 515 626 437 555 9511,107
Factor 0.97 0.94 0.90 0.95 0.94 0.94
* Data File : D2201006
29 37
Transportation Studies, Inc.
2640 Walnut Avenue, Suite L
Tustin, CA. 92780
Location : EL CAMINO REAL Site: SAN CLEMENTE
Segment : N/O AVENIDA BARCELONA Date: 01/14/22
Client : CITY SAN CLEMENT
Interval NB SB Combined Day: Friday
Begin AM PM AM PM AM PM
12:00 14 29 134 591 12 51 144 581 26 80 278 1,172
12:15 146 11 152 4 15 298
12:30 7 143 16 128 23 271
12:45 4 168 12 157 16 325
01:00 6 18 158 557 5 23 148 613 11 41 306 1,170
01:15 7 142 6 141 13 283
01:30 4 116 8 172 12 288
01:45 1 141 4 152 5 293
02:00 5 12 126 566 6 14 148 540 11 26 274 1,106
02:15 144 2 106 2 4 250
02:30 153 4 136 3 7 289
02:45 143 2 150 2 4 293
03:00 4 13 148 609 2 5 132 511 6 18 280 1,120
03:15 2 164 1129 3 293
03:30 6 140 0 118 6 258
03:45 1 157 2 132 3 289
04:00 3 12 142 572 1 13 142 527 4 25 284 1,099
04:15 3 125 1 144 4 269
04:30 2 158 4119 6 277
04:45 4 147 7 122 11 269
05:00 8 65 151 669 6 56 150 536 14 121 301 1,205
05:15 196 9 138 16 25 334
05:30 10 190 19 128 29 318
05:45 31 13222 120 53 252
06:00 16 140 143 481 16 103 124 387 32 243 267 868
06:15 34 122 24 108 58 230
06:30 42 114 27 81 69 195
06:45 48 102 36 74 84 176
07:00 62 342 98 317 42 230 82 328 104 572 180 645
07:15 80 56 90 66 122 170
07:30 70 56 93 88 144 163
07:45 69 76 63 126 202 132
08:00 95 409 56 234 84 305 66 251 179 714 122 485
08:15 89 66 75 71 164 137
08:30 56 66 56 116 182 112
08:45 109 56 80 58 189 114
09:00 102 463 44 179 110 400 50 176 212 863 94 355
09:15 112 47 102 46 214 93
09:30 109 40 98 40 207 80
09:45 140 48 90 40 230 88
10:00 129 537 40 135 129 441 41 141 258 978 81 276
10:15 127 33 74 42 201 75
10:30 127 34 132 36 259 70
10:45 154 28 106 22 260 50
11:00 125 583 22 86 100 460 24 91 225 1,043 46 177
11:15 20 104 27 144 248 47
11:30 20 116 22 142 258 42
11:45 172 24 140 18 312 42
Totals 2,623 4,996 2,1014,6824,724 9,678
Split% 55.5 51.6 44.5 48.4
Day Totals 7,619 6,783 14,402
Day Splits 52.9 47.1
Peak Hour 11:00 04:45 11:00 12:45 11:00 04:45
Volume 583 684460 618 1,043 1,222
Factor 0.85 0.87 0.82 0.90 0.84 0.91
* Data File : D2201006 30 38
“Provide a safe and reliable transportation network that serves all people and respects the environment” DISTRICT 12
1750 East 4th Street, Suite 100 | SANTA ANA, CA 92705
(657) 328-6000 | FAX (657) 328-6522 TTY 711
https://dot.ca.gov/caltrans-near-me/district-12
November 7, 2023
Ryan Kim
Senior Civil EngineerͲTraffic
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Subject: Letter of Support for Regional Traffic Signal Synchronization Program Application – El Camino Real Corridor
Dear Mr. Kim:

The Orange County Transportation Authority (OCTA) recently issued the 2024 Comprehensive Transportation Funding Program Call for Projects for the Regional Traffic Signal Synchronization Program to coordinate traffic signals across jurisdictional boundaries in the County. The State of California Department of Transportation (Caltrans) is in support of the City of San Clemente’s submittal of the Call for Projects application for signal synchronization on the El Camino Real Corridor from Camino Capistrano to Avenida San Luis Rey in the City of San Clemente.

If you have any questions or require additional information, please contact Mr. Mansour Feiz at (949) 279Ͳ9169 or by email at [email protected].

Sincerely,
Pauline Nguyen, P.E.

Branch Chief, Traffic Signals/Ramp Metering/Census
Caltrans District 12
6681 Marine Way
Irvine, CA 92618
Mobile: (949) 279Ͳ9168
Pauline Nguyen P E
39 CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, GOVERNOR California Department of Transportation
• •
laltran.s·
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: December 5, 2023 Agenda Item: 7J
Department: Public Works
Prepared By: Zak Ponsen, Assistant City Engineer
Subject:
..titl e
C..bodyITY OF SAN CLEMENTE FISCAL YEAR 2022-2023, MEASURE M2 EXPENDITURE REPORT Fiscal Impact:

This action does not require funding, but the Orange County Transportation Authority (OCTA) could suspend or delay Comprehensive Transportation Funding Programs and M2 Local Fair Share funds to the City if this required expenditure report is not submitted to OCTA.

Summary:

Staff recommends that the City Council approve the Measure M2 Expenditure Report for Fiscal Year 2022-2023. Approval of the attached resolution and submittal of the attached M2 Expenditure Report by December 31, 2023 will ensure that the City is in compliance with the annual expenditure report requirement. OCTA reviewed a draft of the Expenditure Report and had no objections.

Background:

In November 2006, Orange County voters approved a renewal of Measure M, commonly referred to as Measure M2, to extend the half-cent sales tax for local transportation improvements from 2011 to 2041. Measure M2 requires that each jurisdiction adopt and provide to the OCTA an annual expenditure report to account for M2 funds, developer/traffic impact fees and funds expended by the jurisdiction to satisfy maintenance of effort requirements. The report is required within six months of each jurisdiction's fiscal year end.

Council Options:
 Adopt Resolution No. 23-135 approving and authorizing staff to submit the FY 2022-2023 M2 Expenditure Report.
 Modify and adopt Resolution No. 23-135.
 Continue the Item and direct staff to provide additional information. Note: Any continued Item would need to be brought back to City Council and approved prior to December 31, 2023 or the City may lose its eligibility to receive Measure M2 funds.  Deny some or all staff recommendations. This would result in the City losing its eligibility to receive Measure M2 funds.

Environmental Review/Analysis:

The action is not a project under the California Environmental Quality Act. 1 Meeting Date: December 5, 2023 Agenda Item: 7J

CITY OF SAN CLEMENTE
Recommended Actions:

Staff Recommendation ..recommendation
STAFF RECOMMENDS THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 23-135 ENTITLED “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, TO ADOPT THE FISCAL YEAR 2022-2023 MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF SAN CLEMENTE.”
..end
Attachment:

1. Resolution No. 23-135

2. M2 Expenditure Report FY 2022-2023
Notification:

None.
2 Attachment 1
RESOLUTION NO. 23-135

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, TO ADOPT
THE FISCAL YEAR 2022-2023 MEASURE M2

EXPENDITURE REPORT FOR THE CITY OF SAN

CLEMENTE
WHEREAS, local jurisdictions are required to meet eligibility requirements and submit eligibility verification packages to Orange County Transportation Authority (OCTA) in order to remain eligible to receive Measure M2 funds; and WHEREAS, local jurisdictions are required to adopt an annual M2 Expenditure Report as part of one of the eligibility requirements; and WHEREAS, local jurisdictions are required to account for Net Revenues, developer/traffic impact fees, and funds expended by local jurisdiction in the Annual M2 Expenditure Report that satisfy the Maintenance of Effort requirements; and WHEREAS, the M2 Expenditure Report shall include all Net Revenue fund balances, interest earned and expenditures identified by type and program or project; and WHEREAS, the M2 Expenditure Report must be adopted and submitted to the OCTA each year within six months of the end of the local jurisdiction’s fiscal year to be eligible to receive Net Revenues as part of M2.

NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of San Clemente does hereby find, determine and resolve and inform OCTA that:
a) The M2 Expenditure Report attached hereto as Exhibit A and incorporated fully herein by this reference is in conformance with the template provided in the Measure M2 Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year and balances at the end of fiscal year.
b) The M2 Expenditure Report attached as Exhibit A is hereby adopted by the City of San Clemente.
c) The City of San Clemente Finance Director is hereby authorized to sign and submit the M2 Expenditure Report to OCTA for the fiscal year ending 2023. 3 Resolution No. 23-135 Page 2
PASSED AND ADOPTED this _____ day of December 2023.

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. 23-135 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of December 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 December 2023, __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
4 ATTACHMENT 2
5 City of San Clemente
Description
M2 Expenditure Report
Fiscal Year Ended June 30, 2023
Beginning and Ending Balances
Schedule 1
Balances at Beginning of Fiscal Year . ... ...... .... . .~? ..... .?. . ...... ?:2.~,g??:9.q .. $ .. ............. (~1?8_ql ·······rv1~~ies·M~d~·Av~il·;i:;1~·0~·r·i~ii="i;~~l·v~ar······ 14 $ 1,790,555.00 $ 8,308 !_~!~I ~-~~!~~-~yai_l~-~1.f: _(~-~':1 ~i!1.E:~ _;~-~ ~-4) __ .. .. . .. . . . ... _ .. ~.? .... _ .t. _ .... ?t9.1.~,-~13_.9_q __ $ .. ...... _ ......... ~1.9:2.~. : Expenditures During Fiscal Year 16 $ 1,659,168.00 $ 8,308 Balances at End of Fiscal Year
* Please provide a specific description
6 City of San Clemente
Revenues:

M2 Expenditure Report
Fiscal Year Ended June 30, 2023
Sources and Uses
Description
-•w~-r~-*~--------~-•-•W••••••M••••-~--~~---~*~-~*••M•••••••-~-~- -~----~-~~~----~ Schedule 2
Interest
A-M: Freeway Projects 1 $ - $ -
::9: :[ ~~:ii~~~t~~rA~(ty: ~r£ic~~:(~sti: ::: :: : : :: :: . : : : ::: : . : : • -:::::: :: : : :: :: : :: : : :: f :: I:::::::::::::::-: :~:: :: : ::: :::::. :~: .. P. .. t ~~.&:i?.~~Ll:c~ffj~-~~&~~l .~l'.D.~.~C<?D.!~~E!<?!:1. P!.~&r~!:1:1.l~!??.~l .................... ? .... -~. -.............. -.. ~ ....... -.. -.... :.

Q :Local Fair Share 4 $ 1,351,718 $ 7,153
__ R_.tHi~h Frequency Metrolink Service----------··············-··-··-·····-·· .... s .... s ............... -. $ ............... -. .. s __ tTransitExtensionstoMetrolink .............................................. 6 .... S ............... - $ ................ . :Convert Metrolink Station(s) to Regional Gateways that connect T jorange County with High-Speed Rail Systems 7 $ - $ ---••,••w••••••••••~---w--w--•=-•-~-•-••••••••••-•Ww•w-Mw--•-Mw--•-•••-•••wwawwaw ••-•---•- ---•--••••••••••••~ aw•-•----••-----•-~ U :senior Mobility Program or Senior Non-Emergency Medical Program 8 $ 105,221 $ 1,155 ::,( [s?:~~~~Ev:$~;~~ :~~~0~E~¢;~~~!~!9!;::: :: :: : ••••• -•• -... ::: :: : ::: : : : :: : :: : • -: ~:: :: ] : ••• : : : ::~I~i$: :~ :: .. : ::: ::: :: : :::
w :safe Transit Stops 10 $ - $ x". i·En~ir,;~ment-al-Cie~-~-~;;· P-r~gr~m ·cw~ter.Qu~lityf. • ...... --· .......... -- "ii" -- ·s .... -.. 0 240,000 .. ·r --- -·-..... - . ··--
•• • •• rcith~~;j; • •• • -- ················.,··············· ................................ 12··· ·s···············~· ·s··········••oe••··· $
Expenditures: ·6·-·r·······•·•·••~-----•*•~---···•······················~---*••*••············· A-M: Freeway Projects 14 $ - $ - . O .[Regional Capacity Program_(RCPJ. .......................................... 1s .... S ............... -. $ ............... -_ P :Regional Traffic Signal Synchronization Program (RTSSP) 16 $ - $ - Q ;Local Fair Share 17 $ 1,108,568 $ 7,153
::~)8}gE f!:~:q~~:~~v. ~~Er~}[0~j;!Y]~;::: ::: : :: ::: : : : .. : ::·: :: ::: : : : ::: ::: :: : : ·:: )f:: :~: :: : :: : ::: ::: ::~: I::::: .. :::::::~:

S :Transit Extensions to Metrolink 19 $ - $ - ••••• : c~·~~~-~t. M~t~~iink. st~tt~~(~i t~ R~gi~~-~, G·;t~~~v;· that ~~;,-~~~t-....... • • • • • • ••••• -• • • • • • • • • .. • • • •• • ••••••••••••••••• T !orange County with High-Speed Rail Systems 20 $ - $
U :Senior Mobility Program or Senior Non-Emergency Medical Program 21 $ 39,025 $ 1,155 _ V .[community_Based Transit/Circulators .. ·-································ ... 22 .... S ....... 271,575 . . S ............... -. -~.~~~f~.Tr~n_~i! -~~c.>P.s_ ............................ _ ............................... ~? .... ~ ................ -.. t .............. ::.

X :Environmental Cleanup Program (Water Quality) 24 $ 240,000 $ •••••,••M••••••••~-•~•••-•••~•v•~~~M•••••••••••~••~••••••»•••~-~~•~•••••••••••••• •~•~••••~ ~-•~•a~•••••••••••• ••••••-•v•••••••••• :Other* 25 $ - $ -
T T I I 6 $ 1,659 68 $ , 08
TOTAL BALANCE (Subtract line 26 from 13) 27 $ 131,387 $ * Please provide a specific description
7 City of San Clemente
Type of Expendirure
Indirect and/or Overhead
Construction & Right-of-Way
New Street Construction
Street Reconstruction
Line
No.

MOE
1 I s 1,060,os1 I s
:···H··· 500,000 .. , $ $
Developer/
Impact Fees+
J$
$
0 • '$
$ $
M2 Expenditure Report
Fiscal Year Ended June 30, 2023
Streets and Roads Detailed Use of Funds
0 Interest
·•$
$
p
.is
$
p
Interest Q
-,$ -,$
$
$ $ $ 1,108,568 $
Q
Interest
-,$
$
7,153 $
X
• '$
$
$
X
Interest
. "i $
$
$
Other
M22
-1 $
$
Other
M2
Interest
Other•
. 'I$
Schedule 3
TOTAL
• '$ 1,060,057
$ 1,615,721
Signals, Safety Devices, & Street Lights I 4 I $ .
........................... ·······+······· .................... , ................................ +. s Is . $ $ $ $ $ $ $ $ Pedestrian Ways & Bikepaths
Storm Drains
Stonn Damage
Total Construction1
Right of Way Acquisition
Total Construction & Right-of.Way
Maintenance
Patching
Overlay & Sealing ----~ ......

Street Lights & Traffic Signals
Stenn Damage
··········---
Other Street Purpose Maintenance
Total Maintenance1
Other• Projects U and V GRANO TOTAl.5 (Sum Lines 1, W, 16, 17) Finance Director Confirmation
1 Includes direct charges for staff time
2 Other M2 includes A-M, R,S,T,U,V, and W
+ Transportation related only
* Please provide a specific description
5 $
6 7
8 9
10 $
$ $ 500,000
$
$ 500,000
11 I$ 408,453
12 13
14 15
16 17
$ 664,852 $ 2,139,158 $ $
-
$ 3,212,463
18 I $ 4,772,s20
$
$ $ $ $ $ $ $ $ $
$
$
Is $ $
$ $ $ $ $ $
$ $ $ $ $ $ $ $ $ $
$ $ $ $
. $ $ $
$ $ $ $ $ $ $ $ $ $ $ $
$ $ $
$
.$
$ $
,_.,,., .... "
$ $
$
$ $ $ $
$ 1,108,568
$
$
$
$ $ $ $ $
$ 1,108,568
$ $ $ $
$ $ $ $ $ $ $ $ $ $ $ $ $
$ 7,153 $ $ $ $ $ 1,615,721
$ $ $ $ $ $
$ 7,153 $ $ $ $ $ $ 1,615,721
$ $ $ $ $ $ 408,453
$ $ $ $ $ $ 664,852
$ $ $ $ $ 2,139,158 $ 240,000 $ $ $ $ 240,000
$ $ $ $ $ $ $
240,000 $ $ $ $ $ 3,452,463
$ $ $ 310,600 $ 1,155 $ $ 311,755
$ 1,1s3 I s 240,000 $ $ 310,600 $ 1,155 $ $ 6,439,996
Any california State Constitution Article XIX streets and road eligible expenditure may be "counted" in local jurisdictions' calculation of MOE if the activity is supported (funded) by a local jurisdictions' discretionary funds {e.g. general fund). The California State Controller also provides useful information on Article XIX and the Streets and Highways Code eligible expenditures in its "Guidelines Relating to Gas Tax Expenditures for Cities and Counties". I have reviewed and 19 Jam aware of these guidelines and their applicability in calculating and reporting on Maintenance of Effort expenditures.

Rnance Director initial: 1 !JI'
Legend
__ PrQje~ QeSpriptici,n \ .,· ::';:·.' '::"· .•.· . ···.: ,_. •• ·: 0- ,,.; .. ..

A·M Freeway Projects
0 Regional Capacity Program (RCP)
p Regional Traffic Signal Synchronization Program (RTSSP} Q local Fair Share
R • High Frequency Metrolink Service
s Transit Extensions to Metrolink
T
Convert Metrolink Station(s} to Regional Gateways that connect Orange County with High~Speed Rail Systems
u Senior Mobility Program or Senior Non-Emergency Medical Program V Community Based Transit/Circulators
w Safe Transit Stops
X Environmental Cleanup Program {Water Quality}
8 City of San Clemente
M2 Expenditure Report
Fiscal Year Ended June 30, 2023
Local Fair Share Project List

PROJECT NAME AMOUNT EXPENDED
Street Improvement Projects .................................................. ,_$ ........ 938,305,00 As Needed Pavement Repairs .................................................. _$ _________ 177,416.00 $ 1,115,721.00
Schedule 4
9 City of San Clemente
I hereby certify that:

M2 Expenditure Report
Fiscal Year Ended June 30, 2023
Signature Page
X All the information attached herein and included in schedules 1 through 4 is true and accurate to the best of my knowledge;
X The interest earned on Net Revenues allocated pursuant to the Ordinance sha ll be expended only for those purposes for which the Net Revenues were allocated;
X The City of San Clemente is aware of the State Controller's "Guidelines Relating to Gas Tax Expenditures for Cities and Col,Jnties", which is a guide for determining MOE Expenditures for M2 Eligibility purposes; X The City's Expenditure Report is in compliance with direction provided in the State Controller's "Guidelines Relating to Gas Tax Expenditures for Cities and Counties;" and X The City of San Clemente has expended in this fiscal year an amount of local discretionary funds for streets and roads purposes at least equal to or exceeding the FY 2022-23 MOE benchmark dollar amount 11.

Jacob Rahn
Date
Signature
\
11 Jurisdictions are encouraged to submit MOE eligible expenditures higher than their MOE benchmark, so that should certain expenses be ruled ineligible during an MOE audit, the local jurisdiction still has sufficient MOE expenditures to demonstrate continued achievement of the MOE benchmark. 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: December 5, 2023 Agenda Item: 7K
Department: Public Works
Prepared By Zak Ponsen, Assistant City Engineer
Ryan Kim, Senior Civil Engineer-Traffic
Subject:
..titl e
CONSIDERATION OF A RESOLUTION AFFIRMING THE CITY’S COMMITMENT TO

IMPLEMENT PROJECTS IN THE FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM (FTIP)
..body
Fiscal Impact:

The proposed resolution requires the City’s commitment of funding for the implementation of the proposed City projects in the Federal Transportation Improvement Program (FTIP). There is one project as noted below, and the approved budget includes carry over Gas Tax funds from Fiscal Year 2020-2021 in the amount of $224,880 for the City’s anticipated local cost share. The initial project budget was estimated to be $1,300,000, and includes a $1,075,120 Bicycle Corridor Improvement Program (BCIP) Grant. The City’s actual share cost will not be known until the project is bid. At that time, the project will be brought back to City Council for formal approval.

Summary:

The Orange County Transportation Authority (OCTA) has requested that the City confirm that it has the resources to fund City projects in the FTIP and reaffirm its commitment to implement projects in the program through adoption of a resolution.

The City of San Clemente currently has one project in the FTIP, which is the South El Camino Real reconfiguration and buffered bicycle lane project. On November 7, 2018, the City Council approved submittal of a grant application for this project, which was subsequently approved by the OCTA Board. This project includes new pavement on South El Camino Real from Avenida Mendocino to the southern City limit, and a lane reconfiguration to reduce the road from four vehicle lanes to two vehicle lanes to provide for buffered bicycle lanes. Since the grant funding is supported by federal funds, the project is included in the FTIP. On December 5, 2019, the City Council adopted Resolution No. 19-49 (Attachment 1) to affirm that the City has funds to implement City projects in the Federal Fiscal Year 2020/2021 - 2025/2026.

OCTA has asked all cities to reconfirm the financial commitment to all uncompleted projects for the next cycle. Staff has prepared the attached new resolution (Attachment 2) for City Council approval affirming the City’s continued commitment for the listed project. As noted above, there are sufficient funds included in the approved budget for this project. The project is tentatively planned for Fall 2024 depending on required agency approvals. 1 Meeting Date: December 5, 2023 Agenda Item: 7K

CITY OF SAN CLEMENTE
Background:

The FTIP lists all transportation capital projects for the Southern California region to be funded over a six-year period. The FTIP is prepared to implement projects and programs listed in the Regional Transportation Program (RTP) and is developed in compliance with state and federal requirements. The RTP is the long-range transportation plan that provides the vision for transportation investments in the region. Projects include: highway improvements, transit, rail, and bus facilities, high occupancy vehicle lanes, signal synchronization, intersection improvements, etc., in the six-county Southern California Association of Governments (SCAG) region. The OCTA, as the administrator of FTIP in Orange County, reviews projects submitted by local agencies and prepares the final submittal to SCAG.

Council Options:
 Adopt Resolution No. 23-136 certifying that the City has the resources to fund our portion of the South El Camino Real FTIP project.
 Modify and adopt Resolution No. 23-136
 Continue the Item and direct staff to provide additional information.  Deny Resolution No.23-136.

Environmental Review/Analysis
Approval of the attached Resolution is not a “project’ under the California Environmental Quality Act (CEQA) Guideline Section 15378 (14 CCR 15378). The City’s affirmation of funds for the future project has no potential result in either a direct or physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If the project continues to move forward, the project will be designed and evaluated under CEQA and presented to Council at a later date for approval. It is expected that the project will qualify for a categorical exemption under Class 1 or 2 of the state CEQA Guidelines.

Recommended Actions:

Staff Recommendation
..recommendation
STAFF RECOMMENDS THAT the City Council adopt Resolution No. 23-136 titled, “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, CERTIFYING

THAT THE CITY OF SAN CLEMENTE HAS THE RESOURCES TO FUND CITY PROJECTS IN THE FEDERAL FISCAL YEAR 2024/2025 - 2029/2030 TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMING THE CITY’S COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM.”
..end
Attachment:

1. 2021 FTIP Resolution No. 19-49

2. 2025 FTIP Resolution No. 23-136
Notification:

None.
2 ATTACHMENT 1
3 RESOLUTION NO. 19-49

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, CERTIFYING THAT THE

CITY OF SAN CLEMENTE HAS THE RESOURCES TO FUND
CITY PROJECTS IN THE FEDERAL FISCAL YEAR 2020/21-
2025/26 TRANSPORTATION IMPROVEMENT PROGRAM

AND AFFIRMS ITS COMMITMENT TO IMPLEMENT ALL

PROJECTS IN THE PROGRAM
WHEREAS, the City of San Clemente (City) is located within the metropolitan planning boundaries of the Southern California Association of Governments; and WHEREAS, the San Clemente City Council .has authorized projects submittals to Orange County Transportation Authority's (OCTA) Federal Transportation Improvement Program (FTIP); and
WHEREAS, the City is the lead agency for projects and wil l comply with applicable local, state, and federal provisions including but not limited to the Federal Transportation Improvement Program, California Environmental Quality Act, National Environmental Policy Act, Americans with Disabilities Act, and Buy America; and WHEREAS, the City agrees to construct Transportation Control Measures projects as noted in the amendments in a timely manner.

NOW, THEREFORE, The City Council of the City of San Clemente does hereby resolve as follows: •
Section 1. The City of San Clemente affirms its commitment to the projects submitted in the 2021 Federal Transportation Improvement Program.

Section 2'. 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 --1!:4_ day of December, 2019.

ATTEST:
ity Clerk of the City of
San Clemente, California
Mayor of the City of San
Clemente, California
4 'Resolution No. 19-49 Page 2

STATE OF CALIFORNIA )
COUN1Y OF ORANGE ) §
Cl1Y OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolutfon No. 19-49 was adopted at a regular meeting of the City Council of the City of San Clemente held on the 3rd day of December, 2019, by the following vote:

AYES: FERGUSON, JAMES, WARD, MAYOR BANE
NOES: NONE
ABSENT: HAMM
IN WITNESS WHEREOF, I have hereun_tq,~et my hand and affixed the official seal of the City of San CIemente, California, this 5-rtr day of December, 2019.

Approved as to form:

CLERK of the City of
an Clemente, California
ATTACHMENT 2
RESOLUTION NO. 23-136

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, CERTIFYING THAT THE

CITY OF SAN CLEMENTE HAS THE RESOURCES TO FUND

CITY PROJECTS IN THE FEDERAL FISCAL YEAR
2024/2025 - 2029/2030 TRANSPORTATION IMPROVEMENT
PROGRAM AND AFFIRMING THE CITY’S COMMITMENT TO

IMPLEMENT ALL PROJECTS IN THE PROGRAM
WHEREAS, the City of San Clemente (City) is located within the metropolitan planning boundaries of the Southern California Association of Governments; and WHEREAS, the San Clemente City Council has previously authorized project submittals to the Federal Transportation Improvement Program (FTIP); and WHEREAS, the City is the lead agency for projects that it has submitted to the FTIP and will comply with applicable local, state, and federal provisions including but not limited to the Federal Transportation Improvement Program, California Environmental Quality Act, National Environmental Policy Act, Americans with Disabilities Act, and Build America Buy America; and
WHEREAS, the City agrees to construct Transportation Control Measures projects as noted in the amendments in a timely manner or to assist with funding a substitute project as applicable.

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

Section 1. The City of San Clemente affirms its commitment to the projects that the City submitted in the 2025 Federal Transportation Improvement Program.

Section 2. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this _____ day of December, 2023.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
5 Resolution No. 23-136 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. 23-136 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of December, 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 December, 2023. __________________________
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: December 5, 2023 Agenda Item: 7L
Department: Community Development
Prepared By Nicholas Berkuta, Public Safety Committee Chair Danielle Sorahan, Code Compliance Manager
Subject:
..titl e
CONSIDERATION OF A RESOLUTION APPROVING THE PUBLIC SAFETY COMMITTEE’S FISCAL YEAR 2023-2024 WORK PLAN, AND DETERMINING THAT THE WORK PLAN

ACTIVITIES ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body
Fiscal Impact:

No new fiscal impacts are anticipated from the approval of the proposed work plan. The existing budget includes $3,500 for the Human Trafficking project, carried over from the last fiscal year.

Other project costs are covered under the existing City budget as they primarily involve minimal staff work and research.

Summary:

Pursuant to City Council direction, the Public Safety Committee is required to develop and submit, for Council approval, an annual work plan with specific goals and objectives for the coming year. Staff recommends the City Council approve the Public Safety Committee’s 2023- 2024 Work Plan.

Background:

The Public Safety Committee was established as a standing committee to act in an advisory capacity to the City Council by reviewing performance measures and making recommendations relating to public safety.

During the Fiscal Year 2022-2023, the Public Safety Committee accomplished a number of significant tasks as part of the Committee’s Council-approved work plan. These accomplishments include:
• Reviewed performance measures of the Orange County Sheriff Department, Orange County Fire Authority, Contracted Ambulance Services, and the City’s Marine Safety, Park Rangers, and Code Compliance Divisions.
• Investigated the coordination and communication between both internal and external public safety entities related to disaster preparedness.
• Reviewed issues and proposed ordinances related to public safety issues directed by the City Council.
• Reviewed proposed federal, state, and county legislation for adverse effects or impacts on the City’s public safety services.
1 Meeting Date: December 5, 2023 Agenda Item: 7L

CITY OF SAN CLEMENTE
• Drafted a proposal for an Emergency Operation Coordinator position, enhancing the City's disaster preparedness and response capabilities, scheduled for City Council review on December 5, 2023.

Attached is the proposed 2023-2024 Public Safety Committee Work Plan (Attachment 2). In the course of its work in 2023-2024, the Public Safety Committee proposes to maintain the same projects from the 2022-2023 Work Plan projects to address the following issues:
• Communications and Disaster Preparedness
• Homelessness and Best Management Practices for Public Safety Personnel • Neighborhood Watch
• Statistical Information and Review
• Technology Review
• Human Trafficking
• E-bicycle / Traffic Safety
• Review of Urgent Matters
The proposed projects are continuations of projects currently underway by the Committee, with no significant modifications to the 2022-2023 Work Plan other than the removal of the “Legislation Review” project that was part of the Committee’s previous work plans.

Council Options:
 Adopt Resolution No. 23-137 which would approve the FY 2023-2024 Work Plan.  Modify and adopt Resolution No. 23-137 with changes to the FY 2023-2024 Work Plan.  Continue the item with direction to provide additional information.  Do not approve the FY 2023-24 Work Plan.

Environmental Review/Analysis
An environmental analysis has been conducted on all items on the Public Safety Committee’s FY 2023-2024 Work Plan and all activities are recommended to be determined to be not to be subject to the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Sections 15060 (c)(2) and 15378, because an activity is not subject to CEQA if the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 CCR § 15060) or it does not constitute a “project” according to CEQA (14 CCR § 15378).

The below table summarizes the work plan items and recommended CEQA findings for each item:

ITEM RECOMMENDED CEQA FINDING
Communications and Disaster
Preparedness
Not a project pursuant to CEQA
Guidelines Section 15378. (14 CCR §
15378.) The action has no potential for
resulting in either a direct physical
change in the environment, or a
reasonably foreseeable indirect physical
change in the environment. Each project
or program recommended will be
2 Meeting Date: December 5, 2023 Agenda Item: 7L

CITY OF SAN CLEMENTE
separately evaluated under CEQA before
any approvals.

Homelessness and Best Management
Practices for Public Safety Personnel
Not a project pursuant to CEQA
Guidelines Section 15378. (14 CCR §
15378.) The action has no potential for
resulting in either a direct physical
change in the environment, or a
reasonably foreseeable indirect physical
change in the environment.

Neighborhood Watch Not a project pursuant to CEQA
Guidelines Section 15378. (14 CCR §
15378.) The action has no potential for
resulting in either a direct physical
change in the environment, or a
reasonably foreseeable indirect physical
change in the environment.

Statistical Information and Review The activity is not subject to CEQA, pursuant to CEQA Guidelines Section
15060(c)(2). (14 CCR § 15060.)
Human Trafficking Not a project pursuant to CEQA
Guidelines Section 15378. (14 CCR §
15378.) The action has no potential for
resulting in either a direct physical
change in the environment, or a
reasonably foreseeable indirect physical
change in the environment.

E-bicycle / Traffic Safety Not a project pursuant to CEQA Guidelines Section 15378. (14 CCR §
15378.) The action has no potential for
resulting in either a direct physical
change in the environment, or a
reasonably foreseeable indirect physical
change in the environment.

Review of Urgent Matters Not a project pursuant to CEQA Guidelines Section 15378. (14 CCR §
15378.) The action has no potential for
resulting in either a direct physical
change in the environment, or a
reasonably foreseeable indirect physical
change in the environment. Each project
or program recommended will be
separately evaluated under CEQA before
any approvals.

Technology Review Not a project pursuant to CEQA
3 Meeting Date: December 5, 2023 Agenda Item: 7L

CITY OF SAN CLEMENTE
Guidelines Section 15378. (14 CCR §
15378.) The action has no potential for
resulting in either a direct physical
change in the environment, or a
reasonably foreseeable indirect physical
change in the environment. Each project
or program recommended will be
separately evaluated under CEQA before
any approvals.

Recommended Actions:

The Public Safety Committee recommends that the City Council approve Resolution No. 23-137 which would:

1. Approve the FY 2023-24 Work Plan as presented by the Public Safety Committee; and

2. Determine that the FY 2023-24 Work Plan Items are exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Sections 15060(c)(2) and 15378. ..recommendation
..end
Attachment:

1. Resolution No. 23-137

2. Public Safety Committee’s proposed Fiscal Year 2023-2024 Work Plan Notification
None.
4 ATTACHMENT 1
RESOLUTION NO. 23-137

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE PUBLIC
SAFETY COMMITTEE FISCAL YEAR 2023-2024 WORK

PLAN, AND DETERMINING THAT THE WORK PLAN ITEMS

ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
WHEREAS, the Public Safety Committee was established as a standing committee to act in an advisory capacity to the City Council by reviewing performance measures and making recommendations relating to public safety and;
WHEREAS, the San Clemente Municipal Code § 2.40.020(e) requires that the Public Safety Committee develop an annual work plan with specific goals and objectives for the coming year and submit it to the City Council for approval each year; and WHEREAS, on October 24, 2023, at their regular meeting, the Public Safety Committee approved the work plan items to be included in its recommended FY 2023-24 Work Plan for presentation to the City Council; and

WHEREAS,

ITEM CEQA FINDING
Statistical Information and Review Not a project pursuant to CEQA Guidelines Section 15378. (14 CCR §
15378) The action has no potential for
resulting in either a direct physical
change in the environment, or a
reasonably foreseeable indirect physical
change in the environment.

Homelessness and Best Management
Practices for Public Safety Personnel
Not a project pursuant to CEQA
Guidelines Section 15378. (14 CCR §
15378) The action has no potential for
resulting in either a direct physical
change in the environment, or a
reasonably foreseeable indirect physical
change in the environment.

Neighborhood Watch Not a project pursuant to CEQA
Guidelines Section 15378. (14 CCR §
15378) The action has no potential for
resulting in either a direct physical
change in the environment, or a
reasonably foreseeable indirect physical
change in the environment.
5 Resolution No. 23-137 Page 2
Communications and Disaster
Preparedness
Not a project pursuant to CEQA
Guidelines Section 15378. (14 CCR §
15378) The action has no potential for
resulting in either a direct physical
change in the environment, or a
reasonably foreseeable indirect physical
change in the environment.

Human Trafficking Not a project pursuant to CEQA Guidelines Section 15378. (14 CCR § 15378) The
action has no potential for resulting in either
a direct physical change in the
environment, or a reasonably foreseeable
indirect physical change in the
environment.

E-bicycle / Traffic Safety Not a project pursuant to CEQA Guidelines Section 15378. (14 CCR §
15378) The action has no potential for
resulting in either a direct physical
change in the environment, or a
reasonably foreseeable indirect physical
change in the environment.

Review of Urgent Matters Not a project pursuant to CEQA Guidelines Section 15378. (14 CCR §
15378) The action has no potential for
resulting in either a direct physical
change in the environment, or a
reasonably foreseeable indirect physical
change in the environment.

Technology Review Not a project pursuant to CEQA
Guidelines Section 15378. (14 CCR §
15378) The action has no potential for
resulting in either a direct physical
change in the environment, or a
reasonably foreseeable indirect physical
change in the environment.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby finds, determines and resolves as follows:

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

Section 2. That an environmental analysis has been conducted on all items on the Public Safety Committee’s FY 2023-2024 Work Plan and the items have been determined to either be (a) not a project pursuant to CEQA Guidelines Section 15378 (14 CCR § 6 Resolution No. 23-137 Page 3
15378), because the action has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, or (b) not subject to the California Environmental Quality Act (CEQA), pursuant to Guidelines Section 15060(c)(2), because an activity is not subject to CEQA if the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 CCR § 15060) as follows:

ITEM CEQA FINDING
Communications and Disaster
Preparedness
Not a project pursuant to CEQA
Guidelines Section 15378. (14 CCR §
15378.) The action has no potential for
resulting in either a direct physical change in
the environment, or a reasonably foreseeable
indirect physical change in the environment.

Each project or program recommended will
be separately evaluated under CEQA before
any approvals.

Homelessness and Best
Management Practices for Public Safety
Personnel
Not a project pursuant to CEQA
Guidelines Section 15378. (14 CCR §
15378.) The action has no potential for
resulting in either a direct physical change in
the environment, or a reasonably foreseeable
indirect physical change in the environment.

Neighborhood Watch Not a project pursuant to CEQA
Guidelines Section 15378. (14 CCR §
15378.) The action has no potential for
resulting in either a direct physical change in
the environment, or a reasonably foreseeable
indirect physical change in the environment.

Statistical Information and Review The activity is not subject to CEQA, pursuant to CEQA Guidelines Section
15060(c)(2). (14 CCR § 15060.)
Human Trafficking Not a project pursuant to CEQA
Guidelines Section 15378. (14 CCR §
15378.) The action has no potential for
resulting in either a direct physical change in
the environment, or a reasonably foreseeable
indirect physical change in the environment.

E-bicycle / Traffic Safety Not a project pursuant to CEQA Guidelines Section 15378. (14 CCR §
15378.) The action has no potential for
resulting in either a direct physical change in
the environment, or a reasonably foreseeable
indirect physical change in the environment.

Review of Urgent Matters Not a project pursuant to CEQA Guidelines Section 15378. (14 CCR §
7 Resolution No. 23-137 Page 4
15378.) The action has no potential for
resulting in either a direct physical change in
the environment, or a reasonably foreseeable
indirect physical change in the environment.

Each project or program recommended will
be separately evaluated under CEQA before
any approvals.

Technology Review Not a project pursuant to CEQA
Guidelines Section 15378. (14 CCR §
15378.) The action has no potential for
resulting in either a direct physical change in
the environment, or a reasonably foreseeable
indirect physical change in the environment.

Each project or program recommended will
be separately evaluated under CEQA before
any approvals.

Section 3. The Public Safety Committee’s FY 2023-24 Work Plan shall consist of all items presented to the City Council as incorporated and included in Attachment 2 to the Agenda Report, dated December 5, 2023 and titled, “Consideration of a Resolution Approving the Public Safety Committee’s Fiscal Year 2023-2024 Work Plan, and Determining that the Work Plan Activities Are Exempt from the California Environmental Quality Act.”
Section 4. In addition to the items listed on the FY 2023-24 Work Plan, the Committee may review all additional items directed for further consideration of the Committee by vote of the City Council.

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
San Clemente, California Clemente, California
8 Resolution No. 23-137 Page 5

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. 23-137 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:

Project Name: Communications And Disaster Preparedness
Purpose, Goals and Deliverables of Project:

Purpose: The coordination and communication between both internal and external public safety entities, often occurring on a more-than-hourly basis, is one of the most vital elements for the timely delivery of public safety services to our community. Being able to effectively and timely communicate with these agencies is vital to maintaining a safe community, and even more so during an emergency or disaster. For a successful coordination and communications program to operate, it should be properly designed, maintained and exercised. Goals:
1) To identify the various governmental and private agencies that provide essential public safety-related services to the members of our community.
2) To determine the lines and types of communications that link these agencies together in dealing with everyday situations, as well as emergencies such as natural and man-made disasters.
3) To explore and investigate potential alternate methods/ organizational designs to improve coordination efforts and communications between and among the City’s various public safety services, and with the public. 4) To review industry-wide best practices and procedural duties deployed in Emergency Management Offices, and ensure the City’s program incorporates those practices, when feasible.

Deliverables: At the conclusion of this project, the Public Safety Committee will report its findings, with recommendations, to the City Council for further action.

Estimated Project Cost. If cost is involved, is it included in the adopted Cit y budget? Project cost anticipated to be less than $1000, consisting of staff time to compile information. This cost is included in the adopted City budget, as its staff-costs consist of work and research staff would typically provide to the City in other forms.

Project Timeline (Anticipated Start and End Dates): October 2023 to September 2024 Resources Needed (including Staff hours): Minimal staff time needed to collect City department/agenc y information.

Is this a ne
w project or unfinished project from the prior fiscal year? Unfinished project from previous year.

ATTACHMENT 2
10 Project Name: Neighborhood Watch
Purpose, Goals and Deliverables of Project:

Purpose: To develop an effective and efficient neighborhood watch program that will provide organizational structure throughout the City. Goals:
1) Assist OCSD’s public affairs department to develop a neighborhood watch video to be used by watch groups during inaugural meetings. 2) Increase the number of block captains with the goal of expanding citywide.

Deliverables: This project will culminate in the establishment of a Neighborhood Watch program, available to all portions of the City which chooses to take part in the program.

Estimated Project Cost. If cost is involved, is it included in the adopted City budget? Project cost anticipated to be less than $15,000, consisting of staff time to assist in the development of the program. This cost is not included in the adopted City budget, as its staff-cost consists of work and research City staff is not currently charged with. Costs include printing of flyers and related material to advertise the program.

Project Timeline (Anticipated Start and End Dates): October 2023 to September 2024. Resources Needed (including Staff hours): Assistance from OCSD, Code Compliance Division, IT Division, and Public Works Department. Cost of staff time to assist is an estimated 4-6 hours per week.

Is this a new project or unfinished project from the prior fiscal year? Unfinished project from previous year.

Project Name: Homelessness and Best Management Practices for Public Safety Personnel Purpose, Goals and Deliverables of Project:

Purpose: The issue of homelessness continues to be one of the greatest challenges facing municipal public safety agencies within San Clemente and outside its jurisdiction. This Committee will identify issues as they relate specifically to the established responsibilities of San Clemente’s Public Safety entities, including identifying impacts from potential modifications to established responsibilities or new proposed responsibilities which are likely to result in significant operational changes. Additionally, the Committee will coordinate with the OCSD, City Code Compliance and Park Rangers, and the City's Community Outreach staff, in order to identify any factors that could be addressed in order to maintain and improve public safety in San Clemente. Goals:

The Committee will identify strategies to improve the effectiveness of our Public Safety personnel’s ability to: 1) Address the needs of the Homeless as they pertain to contacts with Public Safety personnel. 2) Identify Laws, Policies and Programs to ensure the City of San Clemente’s Public Safety personnel are operating within accepted protocols.3) Ensure that the safety and welfare of the public right of ways are strictly maintained.

Deliverables: At the conclusion of this project, the Public Safety Committee will report its findings, with recommendations, to the City Council for further action.

Estimated Project Cost. If cost is involved, is it included in the adopted City budget? Project cost anticipated to be less than $1000, consisting of staff time to compile information. This cost is included in the adopted City budget, as its staff-costs consist of work and research staff would typically provide to the City in other forms.

Project Timeline (Anticipated Start and End Dates): October 2023 to September 2024 Resources Needed (including Staff hours): Assistance from the OCSD, San Clemente Code Compliance, San Clemente Park Rangers, San Clemente City Attorney, and San Clemente City Prosecutor. Representatives from City Net and FAM, and potentially OCHCA’s Homeless Outreach Division. Staff time needed to collect pertinent information for the Committee’s review is anticipated to be minimal.

Is this a new project or unfinished project from the prior fiscal year? Unfinished project from previous year. 11 Project Name: Statistical Information and Review
Purpose, Goals and Deliverables of Project:

Purpose: The gathering and analyzing of statistics related to public safety incidents is essential to initiate successful strategies in how the City deploys its Police, Fire, Care Ambulance Service, Marine Safety, Park Rangers, and Code Compliance personnel and related resources. Another important component of this information gathering is its dissemination to the general public. An accurate understanding of the public safety issues affecting particular neighborhoods provides the public with a better sense of clarity and ownership in regards to public safety issues in their community. Goals:
1) Gather, collate, and evaluate data pertaining to citizen requests for service from Police, Fire, Contracted Ambulance Service, Marine Services, Park Rangers, and public safety-related Code Compliance within the City of San Clemente. 2) Gather, collate, and evaluate statistics pertaining to crime (reported crimes and arrests), traffic enforcement and collision reports, Fire Department responses, reports of San Clemente Municipal Code (SCMC) violations and enforcement actions by Code Compliance personnel, when public safety related. 3) Investigate the best method(s) for making the aforementioned data available to the public, with special attention paid to user-friendly options, such as those built upon a web-based platform, to encourage its use and acceptance by a high proportion of San Clemente’s population. 4) Review the City current performance measures regarding OCSD, OCFA, contracted Ambulance Services, Marine Safety, Park Rangers, and Code Compliance. Determine if additional or alternative measures are appropriate and whether comparative benchmarks for public safety personnel performance should be revised or established to better facilitate a method of measuring their efficiency, while also providing comparative evaluations of the City’s services measured against similarly situated municipalities. 5) As an on-going component of this project, the Public Safety Committee will review quarterly performance measures submitted by the various groups that comprise the City’s Public Safety services. 6) Review and analyze the cost/performance of contracted ambulance service, and compare to the cost/performance of the services that would be provided by the OCFA in order to ascertain the feasibility of contracting OCFA for city ambulance services.

Deliverables: At the conclusion of this project, the Public Safety Committee will report its findings, with recommendations, to the City Council for further action. The Committee will also provide recommendations arising from the review of public safety performance measures, if anon quarterly basis to the City Council
Estimated Project Cost. If cost is involved, is it included in the adopted City budget? Project cost anticipated to be less than $1000, consisting of staff time to compile information. This cost is included in the adopted City budget, as its staff-cost consists of work and research staff would typically provide to the City in other forms.

Project Timeline (Anticipated Start and End Dates): October 2023 to September 2024 for items 1-3, and 6, on-going for items 4 and 5. Resources Needed (including Staff hours):

OCSD Crime Analyst, OCFA Analytical Unit, Marine Safety, San Clemente City Code Enforcement and City of San Clemente Information and Technology Staff. Staff time needed to collate the statistical data received is anticipated to be minimal.

Is this a new project or unfinished project from the prior fiscal year? From previous year, on-going. 12 Project Name: Human Trafficking
Purpose, Goals and Deliverables of Project:

Purpose: To identify and address flash points, locations and local sources of human trafficking activity to reduce or eliminate human trafficking in the City of San Clemente. The most prevalent examples of human trafficking are inveigled, coerced and/or forced labor and/or sex work.

Goals: To efficiently coordinate with the OCSD Special Investigations Unit, the Orange County Human Trafficking Task Force and established Human Trafficking Non-Governmental Organizations (NGOs) to reduce and combat human trafficking in the City of San Clemente and to educate local businesses and residents of the signs of ills associated with human trafficking.

Deliverables of Project: Work with the government entities listed above and NGOs to 1) Initiate outreach with businesses in a position to identify and thwart potential human trafficking (hotels, motels, fast food, convenience/liquor stores, gas stations, etc.) and
2) Conduct outreach and education with schools in the City of San Clemente.

Estimated Project Cost. If cost is involved, is it included in the adopted City budget? Project cost anticipated to be approximately $3,500 consisting of: 1) cost of Priority II business-recognition awards, 2) honoraria (fees paid to victims of human trafficking for guest speaking at Public Safety Committee-hosted events), and 3) staff time to compile information. This cost is not included in the adopted City budget, as its staffcosts consist of work and research staff would typically provide to the City in other forms.

Project Timeline (Anticipated Start and End Dates): October 2023 to September 2024. Resources Needed (including Staff hours): Minimal staff time needed to collect City department/agency information. Is this a new project or unfinished project from the prior fiscal year? From previous year, on-going.

Project Name: E-Bicycle / Traffic Safety
Purpose, Goals and Deliverables of Project:

In recent years, both the OCSD and OCFA have reported a significant increase in the regional number of accidents, injuries, and fatalities involving the bicycles. In an effort to address these issues the Committee will compile bicycle traffic data as it becomes available. The Committee will coordinate with the OCSD, OCFA, and the City’s Park Ranger Division in order to identify any measures the City could take to help mitigate these occurrences. The committee will forward any recommendations for review to the City Council.

Estimated Project Cost. If cost is involved, is it included in the adopted City budget? Project cost anticipated to be less than $1000, consisting of staff time to compile information. This cost is included in the adopted City budget, as its staff-costs consist of work and research staff would typically provide to the City in other forms.

Purpose: To identify and review new and existing tools of technology in an effort to obtain effective enhancements to our community’s public safety efforts. Goals: Through the identification and evaluation of new technologies, we believe more efficient, cost-effective ways to enhance the delivery of public safety services can be utilized.

Deliverables: The Public Safety Committee will present to the City Council recommended technology enhancements which demonstrably increase the effectiveness of our public safety services, with a specific focus on those technologies most capable of seamlessly integrating into existing operations.

Estimated Project Cost. If cost is involved, is it included in the adopted City budget? Project cost anticipated to be less than $1000, consisting of staff time to compile information. This cost is included in the adopted City budget, as its staff-cost consists of work and research staff would typically provide to the City in other forms.

Project Timeline (Anticipated Start and End Dates): October 2023 to September 2024 . Resources Needed (including Staff hours): Input and recommendations by OCSD, OCFA, Marine Safety, Code Compliance, Park Rangers, and Information Technology Staff. Staff time needed to collect pertinent information for the Committee’s review is anticipated to be minimal.

Is this a new project or unfinished project from the prior fiscal year? From previous year, on-going. 14 Project Name: Review of Urgent Matters
Purpose, Goals and Deliverables of Project:

Purpose: Reviewing of urgent public-safety matters that may arise from time to time, which are outside of the Committee's other CouncilApproved Work Plan projects.

Goals: Address unanticipated issues of a crucial or urgent need in a timely fashion to ensure the effective and efficient provision of public safety services and the maintenance of the public's safety. Deliverables: The committee may evaluate and investigate the situation and determine whether a memorandum to City Council is necessary.

Estimated Project Cost. If cost is involved, is it included in the adopted City budget? Project cost anticipated to be less than $1000, consisting of staff time to compile information. This cost is included in the adopted City budget, as its staff-costs consist of work and research staff would typically provide to the City in other forms.

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: December 5, 2023 Agenda Item: 7M
Department: City Manager
Prepared By Leslea Meyerhoff, AICP, Contract Coastal Administrator Subject:
..titl e

CONSIDERATION OF A RESOLUTION APPROVING A MEMORANDUM OF

UNDERSTANDING WITH SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR REGIONAL BEACH SAND PROJECT III, PHASE 1 AND FINDING THE PROJECT STATUTORILY EXEMPT FROM ..body THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Fiscal Impact:

Approval of this request is expected to result in a cost to the City of $109,511.85 to participate in the San Diego Association of Governments (SANDAG) Regional Beach Sand Project (RBSP) III Phase 1: Preliminary Planning Activities for Regional Beach Sand Project (RBSP) III, which would support implementation of a high priority City goal of developing a citywide comprehensive beach restoration program.

Summary:

On September 5, 2023, the City Council authorized City staff to send SANDAG a letter expressing the City’s interest in regional coastal resiliency collaboration within the Oceanside Littoral Cell and specifically requested to participate in the planning tasks (Phase I) of the RBSP III. The full scope of work for Phase 1 is included as Attachment 1 to this Staff Report. SANDAG received the City’s letter and affirmed their support to have the City of San Clemente participate as requested.

Before the City Council is a resolution (Attachment 2) authorizing the City Manager to enter into a Memorandum of Understanding (MOU) (Attachment 3) with SANDAG for the purpose of confirming the City’s interest and willingness to participate RBSP III, Phase I tasks, including payment of funds as requested in the MOU. The City’s participation in the SANDAG RBSP III supports continued progress and advancement of San Clemente’s Coastal Resiliency Plan goals to implement a citywide, comprehensive, beach restoration program as part of a larger coastal resiliency building program.

Background:

SANDAG is the Metropolitan Planning Organization (MPO) for the San Diego region and plays an important role in coordinating projects of a regional nature and scope. The San Diego region has 19 jurisdictions, 10 of which are in the coastal zone. Of the 10 coastal cities in San Diego County, six are located within the Oceanside Littoral Cell (i.e., Oceanside, Carlsbad, Encinitas, Solana Beach, Del Mar, and a portion of San Diego).

A “littoral cell” is a distinct area of the coastline where sand enters the ocean, flows down the coast, and then is removed from the system, usually via a submarine canyon. Therefore, the 1 Meeting Date: December 5, 2023 Agenda Item: 7M

CITY OF SAN CLEMENTE
littoral cell and its sand or sediment budget are essential planning tools for regional coastal resiliency planning and shoreline management.

San Clemente is also located within the Oceanside Littoral Cell (along with the abovementioned neighboring cities to the south) and the City of Dana Point and the County of Orange to the north.

Therefore, from a regional coastal planning perspective, significant cost savings and other economies of scale will be derived by collaborating with other cities in the Oceanside Littoral Cell, shown in Figure 1.

SANDAG has an established Shoreline Preservation Working Group (SPWG) whose mission is to implement beach replenishment projects, conduct regional shoreline monitoring and advise on issues related to the adopted SANDAG Shoreline Preservation Strategy and companion Sand Retention Strategy. SPWG members include elected officials from the coastal cities, tribal 2 0 5
0 ~ JO
f"!
()i;?o
?ill •
~
(l\
-c;. ~
Iii 15. ,~,
IS l . 1~ k·
~
·~
\
Q
·:-:-
(;;jiUJ)
Pe11dl~l<>n
~)-
~ ,/'.f
~
Meeting Date: December 5, 2023 Agenda Item: 7M

CITY OF SAN CLEMENTE
representatives, representatives from community groups, property owners, non-governmental organizations, state, and federal agencies including military representatives, and UCSD / Scripps Institution of Oceanography.

In Fall 2023, SANDAG also established the Oceanside Littoral Cell Task Force and convened the first meeting on September 28, 2023. The next meeting is scheduled for January 18, 2024.

Contract Coastal Administrator Meyerhoff participates in these meetings.

In 2001, SANDAG implemented its first Regional Beach Sand Project (RBSP I) which delivered 2 million cubic yards of sand to beaches in San Diego County. In 2012, SANDAG implemented a second RBSP (RBSP II) which placed 1.5 million cubic yards of sand in the region. Collectively, these two projects added approximately 3.5 million cubic yards of sand to the beaches in San Diego County. The SANDAG Shoreline Preservation Strategy identified a regional need for approximately 30 million cubic yards of sand to address existing and future public beach restoration needs indicating a need to scale up both in terms of frequency and size to meet regional coastal resiliency goals.

In late 2022, SANDAG initiated efforts to begin the planning process for a third RBSP (e.g., RBSP III) and asked all coastal jurisdictions to explore their interest in participating in RBSP III and advise SANDAG accordingly. Interested jurisdictions were asked to enter into a Memorandum of Understanding (MOU) with SANDAG to support the initial planning phase of RBSP III.

The purpose of this Staff Report is to request City Council adoption of a resolution authorizing the City Manager to enter into an MOU with SANDAG for participation in RBSP III, Phase I and to pay SANDAG the requested amount of $109,511.85.

Discussion:

The overall objectives of RBSP III are to: (1) identify beach erosion areas that may impact critical public infrastructure; (2) evaluate the economic costs and benefits of implementing another RBSP and explore alternatives including sand retention components to optimize the performance of beach nourishment projects by retaining added sand in place longer; (3) complete a feasibility study for a future regional beach nourishment project and alternatives; and (4) create a plan for surveying offshore sand borrow sites to ensure adequate quantities of sand are available to continue to nourish the region’s beaches.

SANDAG will conduct a Phase 1 study for RBSP III that will use information from SANDAG’s Round 1 SB 1 Caltrans Adaptation Planning Grant effort to identify transportation and other critical public infrastructure and other facilities and existing structures that will be impacted by sea-level rise and may benefit from beach nourishment. Implementation of a regional beach sand project would involve dredging beach quality sand from offshore borrow sites and placing it on highly eroded beaches.

SANDAG has retained the contractor to manage the RBSP III Project and has indicated that Phase I tasks will be initiated in early 2024 and that the full Phase 1 scope of work will be completed within 12-18 months after receipt of all funds from cost-sharing / participating entities. 3 Meeting Date: December 5, 2023 Agenda Item: 7M

CITY OF SAN CLEMENTE
Beach nourishment is a key strategy being utilized by San Clemente and several other cities in the region who have updated their Local Coastal Programs to align with State guidance that promotes beach sand replenishment as natural infrastructure and is a preferred “soft” or green coastal resiliency solution. Wide beaches help protect coastal communities and critical public infrastructure including coastal transportation facilities by acting as a buffer to alleviate the effects of strong storm events, high tides, King Tides and rising seas.

The City will continue to coordinate closely with SANDAG and others who serve on SANDAG’s Shoreline Preservation Working Group (SPWG) and participate in the Oceanside Littoral Cell Task Force.

As part of the RBSP III, Phase 1 tasks, SANDAG will prepare updated economic analyses including quantification of costs and benefits of beach sand replenishment. The economic analysis will include preliminary cost estimates of a range of project alternatives that may include sand retention, a benefit-to-cost analysis of project alternatives, and a discussion of economic effects. This economic analysis will be summarized in the feasibility study and included as an appendix to the final document.

The Phase I tasks include an explanation of how beach nourishment can be used as an effective strategy for protecting coastal critical infrastructure and will identify the permits and approvals that are needed to implement RBSP III.

Recommendations for streamlining permitting will also be included, with emphasis on replicating work done previously, and applying lessons learned from RBSP I and RBSP II, and from other projects in southern California including the City’s own 50-year USACE beach sand project.

A meeting will be scheduled with interested stakeholders to review the draft Phase I deliverables and solicit feedback. Comments from stakeholders may also be submitted in writing and revisions to the Phase I deliverables will be made as needed. Comments from SANDAG staff and interested stakeholders will be integrated into a final version of the Phase I deliverables which will be rolled up into a RBSP III Feasibility Study.

SANDAG requires a written commitment from each City prior to work beginning RBSP III, Phase I. In July 2023, SANDAG reached out to San Clemente, Dana Point, and the County of Orange as public agencies responsible for beach management within the Oceanside Littoral Cell to gauge their level of interest in participating in RBSP III. The City of San Clemente affirmatively responded in writing on September 6, 2023. Participation in RBSP III Phase I activities does not commit the City to working on any portion of RBSP III beyond Phase I per the terms of the MOU.

It is anticipated that SANDAG will allocate cost sharing for RBSP III, Phase II tasks according to the length of shoreline nourished or based on a cubic yard volume of sand to be placed. Once SANDAG determines each jurisdiction’s proportional share, staff will return to City Council with information on the funding amount and request City Council confirmation of interest in participation and payment of the next phase cost share. If the City remains interested in participating in the next phase of the RBSP III, a second MOU with SANDAG would be required.

City Staff will report back on a periodic basis as the RBSP III, Phase I tasks get underway.

The City Council continues to affirm that development of additional coastal resiliency projects that can deliver sand to the City’s beaches remains a top near-term and long-term City priority. The 4 Meeting Date: December 5, 2023 Agenda Item: 7M

CITY OF SAN CLEMENTE
City has expressed a desire to develop a citywide, comprehensive beach restoration program which can supplement the upcoming USACE project. The City’s beaches are highly valued by residents and visitors, provide the foundation for community well-being and a high quality of life, storm damage protection and habitat for flora and fauna. Participation in SANDAG RBSP III supports all these City goals.

Council Options:
 Adopt Resolution No. 23-138, authorizing the City Manager to enter into an MOU with SANDAG for RBSP III, Phase I activities, pay the requested amount to SANDAG of $109,511.85 and find the project statutorily exempt from CEQA.  Modify and adopt Resolution No. 23-138.
 Request staff to provide additional information.
 Deny Resolution No. 23-138.

Environmental Review/Analysis:

Entering into an agreement that funds an analysis of future planning activities is statutorily exempt under Section 15262 of the State CEQA Guidelines (Feasibility and Planning Studies, 14 CCR section 15262).

Recommended Actions:

Staff Recommendation..recommendation
Staff recommends that the City Council adopt Resolution No. 23-138, which would:

1. Find the project statutorily exempt from CEQA under Section 15262 of the State CEQA Guidelines (Feasibility and Planning Studies, 14 CCR section 15262);

2. Authorize the City Manager to enter into an MOU with SANDAG for RBSP III, Phase I activities; and

3. Authorize payment of the requested amount to SANDAG of $109,511.85.

Attachments:

1. SANDAG RBSP III, Phase I Scope of Work.

2. Resolution No. 23-138.

3. Draft MOU Between the City and SANDAG.
5 Regional Beach Sand Project III (RBSPIII)
Phase I - Preliminary Planning Activities
Scope of Work
INTRODUCTION:

SANDAG is the Metropolitan Planning Organization (MPO) for the San Diego region and plays a key role in the regional coordination of a variety of projects. The San Diego region has 19 jurisdictions, 10 of which are located in the coastal zone and collectively manage approximately 70 miles of coastline which can be accessed via transit, highways, roadways, and bicycle and pedestrian facilities. A number of these facilities are at risk from the impacts of rising seas, high tides, and strong storms. As such, access to beaches, residences, and public facilities may be impacted. This would be particularly impactful to disadvantaged populations living in the cities of Oceanside, Carlsbad, City of San Diego, National City, Chula Vista, and Imperial Beach which have populations that fall in the 70-100 percentile of the demographic index (source:

EJSCREEN).

SANDAG proposes to conduct a feasibility study for a regional beach sand nourishment project which would use information from SANDAG’s Round 1 SB 1 Caltrans Adaptation Planning Grant effort to identify transportation facilities that will be impacted by sea-level rise and may benefit from beach nourishment. Implementation of a regional beach sand project would involve dredging beach quality sand from offshore borrow sites and placing it on highly eroded beaches in the San Diego region. Beach nourishment is being considered as a sea-level rise adaptation strategy by a number of cities in the San Diego region who have updated their Local Coastal Programs to align with the California Coastal Commission’s Guidance on sea-level rise. Wide beaches can help protect coastal communities and coastal transportation facilities by acting as a buffer to alleviate some of the impacts from sea-level rise, strong storm events, and high tides.

SANDAG has previously completed two regional beach sand nourishment projects in 2001 and 2012 (RBSP I and RBSP II, respectively), adding approximately 3.5 million cubic yards of sand to the region's local beaches. In addition, SANDAG has an established regional forum (the Shoreline Preservation Working Group) where elected officials are engaged in regional adaptation projects, such as beach nourishment.

SANDAG will coordinate closely with city staff, city council members who serve on SANDAG’s Shoreline Preservation Working Group (SPWG), and other technical advisors on this project.

Work efforts from this project will be summarized in two final deliverables: the Feasibility Study and the Offshore Borrow Site Survey Plan.

RESPONSIBLE PARTIES
SANDAG will require the assistance of a consulting team to complete this work. SANDAG has not yet selected which firm will provide this assistance but will utilize the agency’s list of on-call consultants, selected through the established procurement procedures, to find the appropriate firm(s) to perform this work. Generally, SANDAG will be responsible for overall project management and administration and will play a role in coordinating with local jurisdictions as well as drafting and editing the feasibility study. The consultant will be responsible for the majority of other tasks including the review of existing monitoring data, completing the Offshore Borrow Site Survey Plan, completing the Economic Analysis, and finalizing the Feasibility Study.

Attachment 1
6 OVERALL PROJECT OBJECTIVES:
• Identify beach erosion areas in the San Diego region that may impact coastal transportation infrastructure through review of existing data and coordination with coastal jurisdiction staff.
• Evaluate the economic costs and benefits of implementing a regional beach nourishment project and several alternatives to that project that may include one pilot sand retention strategy.
• Complete a Feasibility Study for a future regional beach nourishment project and alternatives.
• Identify lessons learned from the past two regional beach sand projects administered by SANDAG and other southern California beach nourishments efforts and identify how to expedite project delivery and minimize project costs compared to prior efforts. • Create a plan for surveying offshore sand borrow sites to ensure adequate quantities of sand are available to nourish the San Diego region’s beaches.

1. Task 1: Project Management and Administration
SANDAG will hold a kick-off meeting with the consultants to review the procedures and project expectations, including invoicing, quarterly reporting, scope of work, timeline, communication protocols, and other relevant project information. A meeting summary shall be documented by the Consultant. SANDAG will coordinate with the consultants through regular communication (including in-person meetings and/or conference calls) to ensure project remains on time and within budget. Meeting notes shall be documented by the Consultant. The consultant shall invoice SANDAG and provide a brief summary of work efforts on a monthly basis. Time spent preparing invoices shall be included in Consultant’s overhead cost. SANDAG shall not pay for time spent preparing billing for SANDAG.

Task 1 Deliverables
• Meeting Notes and Summaries
• Subcontractor Agreements
• Quarterly Progress Reports
Task 1 Assumptions
• 1 in person kickoff meeting attended by AECOM (3 staff), M&N (1 staff), CFC (1 staff), Merkel (1 staff), Phil King
• 1 field site visit attended by AECOM (2 staff), M&N (1 staff), Merkel (1 staff), Phil King on same day as kick off (to maximize travel efficiency). • 8 meetings (virtual and in person) attended by AECOM with associated agenda/meeting notes/action items

2. Task 2: Economic Analysis
Using actual costs from RBSP II, the consultant shall prepare an economic analysis that includes the following components: preliminary cost estimates of a range of project alternatives that may include one pilot sand retention strategy, a benefit/cost analysis of the project alternatives, and a discussion of economic impacts. This economic analysis shall be 7 summarized in the feasibility study and included as an appendix to the final document. The consultant shall evaluate the Benefit Cost Analysis (BCA) prepared by the U.S. Army Corps of Engineers for the Encinitas-Solana Beach Coastal Storm Damage Reduction Project and the economic analysis conducted for the 2007 Feasibility Study (prepared for RBSP II) in order to provide a methodology for the analysis for approval by SANDAG. The BCA should be developed to allow federal agencies to evaluate the benefit to cost ratio of the project and various subsegments of the project (by littoral cell or jurisdiction).

The methodology approach below will be finalized as a deliverable prior to undertaking the analysis. The quantitative analysis is anticipated to address two elements 1) “non-market value” of recreational benefits of RBSP III, which will be incorporated into a benefit-cost analysis and) 2) an estimate of the economic impacts—additional spending, jobs, and local taxes generated by RBSP III.
• Data Collection: Consultant will collect the following data: (a) daily attendance data at all State and local beaches where available (most); (b) data from San Diego County assessor’s office which includes geospatial data, currently assessed (property tax) value; (c) data from local governments on the value of their property, which is not assessed for property tax purposes; (d) data on beach width/area before and after nourishment and over the 5-10 year life of the project as pulled from past shoreline monitoring; (e) any available data on beach spending patterns; (e) data on the likely costs of RBSP III including compliance costs. • Data Analysis: The following analyses will be performed with the data collected:
‒ Estimates of local property value: The analysis will use the best available public data (e.g., Zillow) to estimate the value of local property. ‒ Analysis of non-market benefits of nourishment: The analysis of beach value incorporates daily attendance and capacity constraints. Since fill sites do not always correspond with beach jurisdictions (e.g., Oceanside), adjustments to attendance at these sites will be made.
‒ Analysis of economic impacts: The additional recreation and tourism will generate additional spending and taxes. The analysis will estimate: (i) increases in local spending; (ii) increases in local taxes, in particular sales and transient occupancy taxes; (iii) indirect and induced impacts as well as job creation, applying IMPLAN or similar software. • The benefits of storm damage reduction will not be addressed quantitatively because the USACE modeling requirements are extensive and not within the budget parameters. The team will identify locations that are potentially vulnerable to flooding/storm damage (from existing Cosmos data, team knowledge and possibly land managers/city staff). Then qualitatively address how the project may benefit/reduce potential damage. • Benefit/Cost Analysis: Consultant will conduct a benefit/cost analysis over the life of the project, using a discount rate agreed to by SANDAG, but consistent with federal assumptions (likely NOAA and not USACE). This analysis will examine the “net benefits”— whether the benefits exceed the cost, including a benefit/cost ratio where necessary. As with RSBP II, this analysis will be broken down by individual fill receiver sites. The benefits and costs will also be delineated into recreational (non-market) benefits and economic and tax impacts. Possible benefits to private and public property from storm damage reduction as linked to potentially vulnerable locations will be noted. The study will generate a BCA but not using the exact same methods/inputs as the standard USACE approach There is also interest in considering potential sand nourishment projects along the shoreline of San Diego Bay. For purposes of this analysis, we assume one existing public beach location in the Bay may be identified from the Feasibility Study. The economic analysis will qualitatively 8 describe net benefits, The communities that could benefit (considering proximity and observations) will be noted.

The consultant should assume three rounds of comments in the preparation of the Draft Economic Analysis as follows, comments by SANDAG on the draft, comments from the members of the Shoreline Preservation Working Group on the draft, and comments from the public.

Task 2 Deliverables
• Finalized Methodology Approach for the Economic Analysis • Draft Economic Analysis Technical Appendix
• Final Economic Analysis Technical Appendix
Task 2 Assumptions
• Technical Appendix >30 pages, ~ 10 power point slides for SPWG meeting • Budget assumes a set of up to 12 fill site envelopes derived from RBSP I and II, with alternative variations from retention features or other refinements at up to 6 sites, for no more 18 alternatives/configurations. If additional sites or program configurations are developed, the economic analysis and assumptions may be revisited for additional scope and fee.

3. Task 3: Regional Beach Sand Replenishment Project (RBSP III) Feasibility Study
Using information obtained from Tasks 2, the consultant shall draft a feasibility study for a future regional beach sand project (RBSPIII). The 2007 Feasibility Study that was prepared for RBSP II will be used as a template and the updated Feasibility Study shall address the same major topics including, but not limited to: a statement of the problem, a description of existing site conditions, consideration of project alternatives and ways to extend the life between beach nourishment cycles, methods to reduce costs and leverage other efforts in southern California, and economic considerations. The Feasibility Study shall also include an explanation of how beach nourishment can be used to protect coastal critical infrastructure in the region from sea level rise, examples from other regions should be provided. The Feasibility Study shall identify the various permits and approvals that would be needed for the implementation of this project.

As part of the Feasibility Study, or a separate report, the consultant shall address the lessons learned from prior RBSP I and II, and opportunities to expedite project delivery and reduce costs. The consultant shall specifically address the following:

1. Ways to streamline environmental clearance under CEQA/NEPA (e.g., use of Mitigated Negative Declarations and focused EIRs, Supplementing EIR/EIS prepared for Encinitas-Solana Beach Coastal Storm Damage Reduction Project, development and tiering of Program EIR, etc.), and regulatory permits;

2. Ways to leverage opportunities arising from the Encinitas-Solana Beach Coastal Storm Damage Reduction Project and other southern California beach nourishment or sand bypass projects;

3. Opportunities to reduce cost mobilization of dredging (e.g., utilization of dredge under contract by U.S. Army Corps of Engineers, shared purchase of a hopper dredge for southern California nourishment efforts, etc.);
9 4. Analysis of issues that led to the damages resulting from the sand placement in Imperial Beach during RBSP II and ways to avoid damages in the future; and

5. Opportunities to reduce post-construction monitoring based upon past efforts.

The Feasibility Study shall also address the needs of the sand nourishment, if any, of jurisdictions fronting the San Diego Bay (e.g., Coronado's Grand Caribe Isle located in the Coronado Cays).

Consultant has developed one possible Annotated Table of Contents (provided below) with approach/scope of work described in more detail in the following text.

Site condition patterns are relatively similar over the past few decades, so will be described based on the two primary sources (2007 Feasibility Study and 2009 Coastal Sediment Management Plan) plus monitoring data collected annually as shared with the SPWG.

Consultant will also consolidate information on other related projects (ongoing, planned, potential) which will be key to considering creative regional approaches to routine beach nourishment. Chapter 3 will address items 1-5 noted above. Regarding CEQA/NEPA and Permitting, the study will disclose various document types and possible permits relative to the various alternatives considered. The potential ocean dredging projects and beach nourishment efforts in Section 2.6 will be explored in terms of leveraging opportunities based on timing and ability to share equipment. Documenting lessons learned from RBSP II in Imperial Beach will provide for best practices that can be applied elsewhere. Regarding post-construction monitoring, Consultant will develop a list of possible of monitoring elements for various phases of RBSP III and conduct an analysis as to the likelihood that each could be eliminated or reduced based on lessons learned from RBSP I, RBSP II, San Elijo and others. 10 DRAFT Feasibility Study
San Diego Regional Beach sand Project Ill
Annotated Table of Contents

1.0 INTRODUCTION

1.1 Purpose

1.2 Scope

2.0 SITE CONDITIONS (Largely from 2007 FeaSJbility study and 2009 Co&Sta/ Regional Sediment Management Plan wtth re8dily available current informab·on)

2.1 Sediment Budgets and Longshore Sediment Transpor1 Rates

2.2 Wave Climate

2.3 Beach Profiles

2.4 Sediment Grain Size

2.5 Shorelirie Position

2.6 other Related Projects (ongoing, planned, potential)

3.0 LESSONS LEARNED AND RECOMMENDATIONS FOR EFFICIENCIES

3.1 CEQA/NEPA and Permitting

3.2 Design

3.3 Construction

3.4 Beach Fill Performance

4.0 ALTERNATIVES CONSIDERED (Creative brainstorming by entire team w/SANOAGJ

4.1 Single Project Maximum Rebuik:I (2001 RBSP I, recognizing 2012 RBSP II}

4.2 Single Project Reduced Rebuild (Eliminate Solaria Beach/Encinitas)

4.3 Programmatic and/or Opportunistic Nourishment Regime4.4 Oceanside Feeder Beach

4.5 Retention Feature (Pilot)

4.6 San Diego Bay

5.0 ECONOMIC CONSIDERATIONS

5.1 Economic Benefit Cost Analysis (BCA)

5.1.1 Project Configuration (Receiver Sites, Borrow Sites, Retention Features)

5.1.2 Output

5.2 Regional Funding Options

6.0 CONCLUSIONS AND DECISIONS TO BE MADE

7. ;0 REFERENCES
Appendices
Borrow Sile Investigation Scope of Work
Economic Benefit Cost Analysis
Consultant team will focus their collective knowledge and expertise in working session(s) to explore the broad suite of alternatives and document the outcome in Chapter 4. The list above is intended as preliminary ideas and not complete.

The Feasibility Study will address the economic issue via the BCA results (which are useful for grant funding opportunities) and exploration of regional funding options. The study will summarize the project configuration used to calculate the BCA. There is a world of project variations given the number of potential sites, amount of material that could be placed per site, location of retention (if included), location of borrow site(s), etc. Based on discussions with SANDAG, existing designs plus monitoring data from RBSP I and II, Consultant team will identify a prototype project for the BCA. Chapter 5 will describe that prototype project and the resulting modelled BCA (by site and/or by littoral cell). The economic study will be an appendix.

The feasibility study will also explore finance options available to city and county governments to raise revenues to pay for future nourishments. This study will examine options such as special property tax districts like Geologic Hazard Abatement District (GHAD) or Community Finance Districts, increases in transient occupancy taxes (TOTs), or reducing restrictions on short-term (STRs) to generate sales tax increases. The study will note where else in California these revenue options have been, or are, under consideration. Finally, the study will note possible approaches to reduce high-cost items, like the dredge, that could substantially lessen the overall price-tag.

A meeting shall be scheduled with interested stakeholders (city staff, members of the SPWG, members of the public, etc.) to review the draft feasibility study and solicit feedback. SANDAG will likely use a scheduled SPWG meeting as the forum for this discussion. Comments from stakeholders may also be submitted in writing and revisions to the feasibility study shall be made as needed. The consultant shall incorporate comments from SANDAG staff and interested stakeholders into a final version of the feasibility study.

Task 3 Deliverables
• Draft Feasibility Study
• Host meetings to discuss draft Feasibility Study
• Finalize Feasibility Study
Task 3 Assumptions
• Up to 8 alternatives addressed in Chapter 4.0, not all at equal level of detail. • Present draft finding at SPWG meeting in person (AECOM, M&N) and virtual (Merkel, CFC, King).

4. Task 4: Off-Shore Borrow Site
The consultant shall conduct a literature review of offshore investigations completed for Regional Beach Sand Projects I and II (RBSP I and RBSP II) to identify any additional candidate borrow sites in the northern portion of San Diego County that could be utilized to implement a future beach nourishment project. The consultant shall prepare a plan and scope of work to conduct an investigation of a minimum of three offshore borrow sites to determine the outer boundaries of the two offshore borrow sites used for RBSP II (MB-1 and SO-5) and at least one new borrow site in the northern portion of San Diego County. Once completed, these surveys will help to estimate the quantity of sand available for beach nourishment on the San Diego coastline.
11 Consultant’s approach to this task leverages their experience from two prior RBSP efforts and more recent research. Consultant will update ArcGIS model with available coastal, geophysical and geologic and geoarchaeology literature post RBSP II to focus on North County and MB-1.

We recommend the offshore borrow investigations for RBSP III be planned similar to the RBSP II approach carried out at that time. The investigation plan will provide the exploration methodology starting with permitting and agency coordination needs for the eventual offshore field work. No field work will be performed at this stage.

Task 4 Deliverable
• Perform Off-Shore Borrow Site existing data review
• Prepare Off-Shore Borrow Site Plan and Scope of Work for Three Sites

5. Optional Task 5: San Clemente Nourishment Planning
This is an optional task, so no work will be performed without prior authorization from the City of San Clemente via entering into a MOU with SANDAG for Phase I – Preliminary Planning Activities. If exercised, Tasks 1-4 will be expanded upon to cover possible beach nourishment for the City of San Clemente. The consultant shall review the San Clemente component of the U.S. Army Corps of Engineer Storm Damage Reduction Project and what additional areas need beach nourishment in the City of San Clemente. Additional areas will be included in the economic analysis BCA and included in the Feasibility Analysis. The consultant shall evaluate one additional offshore borrow site located in the Northern extent of the Oceanside Littoral cell in addition those identified in Task 4 for possible beach sand nourishment in San Clemente.

Consultant would revise the table of contents for the Feasibility Study to include information for San Clemente. For example, Site Conditions would address Wave Climate (and other topics in Chapter 2) in the San Diego region as a subsection and there would be a new subsection for the San Clemente Wave Climate. Other Related Projects (Section 2.6) would be expanded into Orange County. While the Lessons Learned (Chapter 3.0) would remain largely focused on San Diego, the Recommendations for Efficiencies could consider this new opportunity. If San Clemente were formally a part of RBSP III, then “possible” efficiencies in shared dredge would become more certain. Alternatively, the approach to CEQA streamlining may become more complex as decisions would need to be made regarding lead agency or lead agencies. The universe of alternatives would expand so Section 4 would expand as well. For costing purposes, we assume up to two receiver sites could be identified (one each north and south of the USACE site).

Once defined, the project envelopes for the economic analysis would be evaluated to generate BCA. The same methodology would be applied, but new data would need to be collected in Orange County for property value and attendance.

For the Offshore Borrow Site Study, the team would review offshore investigations for potential sites identified by USACE and published studies. Candidate borrow sites are anticipated to include current borrow sites identified by USACE including Oceanside and other potential sites along Camp Pendleton and Orange County. Consultant will develop a work plan for a future offshore investigation. The work plan objectives would involve confirming known sites, as needed, or further investigating beach material suitability at one new potential borrow site (where only limited investigations have been performed historically).

The program management approach would remain as proposed but there would be additional time required to facilitate coordination and communication with a broader group. A second kick12 off meeting would be scheduled with San Clemente and SANDAG staff, with a site visit that same day. Attendees in person will include team members from AECOM, M&N, and Dr. King with others virtual. The complexity and cost of adding the San Clemente location is minimized if the option is exercised very soon after the Feasibility Study project is kicked off, so for costing purposes we assume the authorization is received within a month of project initiation.

Task 5 Deliverable
• Expanded Economic Analysis and Feasibility Study
• Perform Off-Shore Borrow Site existing data review
• Prepare Off-Shore Borrow Site Plan and Scope of Work for fourth area Task 5 Assumptions
• Authorization to proceed received one month after NTP for RBSP III San Diego region.

The longer between initiation of the San Diego region project and adding San Clemente, the less efficient and there may be need for additional funding. • 1 field site visit attended by AECOM (2 staff), M&N (1 staff), and Phil King: CFC (1 staff) and Merkel (1 staff) virtual kick off.
• No more than 2 alternative receiver sites added to Chapter 4.0 of the Feasibility Study (excluding the site under consideration by USACE).
13 Exhibit B – Budget Schedule
Regional Beach Sand Project III (RBSPIII) Preliminary Planning Activities Task Name Description State Date End Date
1 Project Management and Administration SANDAG to monitor Project Management and Administration NTP 15 months from NTP 2 Economic Analysis Subconsultant to prepare an updated Economic Analysis NTP 12 months from NTP 3 Regional Beach Sand Replenishment Project (RBSP III) Feasibility Study Draft RBSP III Feasibility Study, Review, and Finalize NTP 14 months from NTP 4 Off-shore Borrow Site Plan
Consultant will prepare an Offshore Borrow Site Plan and Scope of Work for Three Sites NTP 15 months from NTP
5 Optional Task: City of San Clemente Nourishment Planning Consultant will expand upon the Feasibility Study, Economic Analysis, and Offshore Borrow Site Plan to include the City of San Clemente TBD Upon
SANDAG
authorization
TBD Upon
SANDAG
authorization
14 Attachment 2
RESOLUTION NO. 23-138

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING ENTRY

INTO A MEMORANDUM OF UNDERSTANDING WITH THE

SAN DIEGO ASSOCIATION OF GOVERNMENTS

REGARDING PHASE I, PRELIMINARY PLANNING

ACTIVITIES FOR REGIONAL BEACH SAND PROJET III

AND THE LOCAL FUNDING COMMITMENT AND FINDING

THE PROJECT STATUTORILY EXEMPT FROM THE

REQUIREMENTS OF THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA
GUIDELINES SECTION 15262
WHEREAS, the City of San Clemente (City) has a strong record of proactively managing its public beaches and shoreline through a comprehensive shoreline management strategy aimed at preserving the public beach, protecting critical public infrastructure, and implementing coastal resiliency solutions; and WHEREAS, coastal erosion is an existing challenge faced by the City and all cities in the region due to historic sand sources being largely cut off from reaching the coast due to existing development and urbanization in general; and WHEREAS, coastal erosion is anticipated to be exacerbated by rising seas in the future and the City is closely monitoring ocean levels as measured at the local tide station in La Jolla operated by the National Oceanic Atmospheric Administration; and WHEREAS, coastal erosion has affected critical public infrastructure in the City including public coastal access, public beaches, roadways, public utilities, parking areas, the California Coastal Trail and other critical public infrastructure including the railroad and public and private property; and
WHEREAS, the City desires to protect all beaches in the City and all existing critical infrastructure and existing structures in place and key City goals are to restore the public beach through a sustained, comprehensive, Citywide beach sand replenishment program; and
WHEREAS, the San Diego Association of Governments (SANDAG) has previously completed two regional beach sand projects (RBSP) in 2001 and 2012, which added approximately 3.5 million cubic yards of sand to the beaches is now in the planning stages for another RBSP; and
WHEREAS, wider beaches provide an effective natural buffer that helps protect coastal infrastructure from strong storms, high tides, and future sea level rise making wide beaches the first line of defense for the City and the region; and 15 Resolution No. 23-138 Page 2
WHEREAS, SANDAG initiated planning efforts to explore regional interest in developing a SANDAG RBSP III and asked all potentially interested cities to enter into a Memorandum of Understanding (MOU) for the purpose of demonstrating commitment and support for exploring the feasibility of implementing RBSP III; and WHEREAS, in 2023, City officials and staff began communicating interest in participating in SANDAG RBSP III culminating in a formal invitation from SANDAG to participate; and
WHEREAS, the City Council authorized the submittal of a letter to SANDAG in September 2023 formalizing the City’s interest in participating in RBSP III, Phase I activities; and
WHEREAS, the cost to the City to participate in in RBSP III, Phase I is $109,511.85; and
WHEREAS, the SANDAG RBSP III Phase I signals the initiation of the first steps in a “super-regionwide” coastal resiliency project that will protect critical public infrastructure and existing structures in San Clemente and across multiple other coastal jurisdictions and counties; and
WHEREAS, participation in SANDAG RBSP III, Phase I activities, expected to get underway in early 2024, strongly aligns and directly advances strategic City goals to establish a citywide comprehensive beach sand replenishment and retention program; and
WHEREAS, the City of San Clemente has funds available to contribute the full amount being requested by SANDAG for RBSP III Phase I tasks; and WHEREAS, participating in Phase 1 of RBSP III requires entering into an MOU with SANDAG and approving a budget allocation of $109,511.85 in December 2023 payable to SANDAG.

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

1. That the foregoing recitations are true and correct and incorporated herein.

2. That entering into the MOU, which funds an analysis of future planning activities, is statutorily exempt from CEQA pursuant to State CEQA Guidelines Section 15262 (Feasibility and Planning Studies, 14 CCR section 15262).

3. That participation in the SANDAG Regional Beach Sand Project III advances important City goals and objectives and would be of great benefit to the City, the public and the region.

4. That Beach sand replenishment promotes the long-term vision of the City and supports important City Council priorities.

5. That the City Council hereby authorizes the City Manager to execute the MOU with 16 Resolution No. 23-138 Page 3
SANDAG for RBSP III, Phase I tasks at a cost to the City of $109,511.85 in a form substantially similar to that presented to the City Council on December 5, 2023.

6. That the City Manager and his designee is hereby authorized to executed such other and further documents and take such other and further action as is necessary and proper to accomplish the purpose of this Resolution and the City’s participation in RBSP III, Phase I.

PASSED AND ADOPTED this 5th day of December, 2023.

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. 23-138 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:

BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS

AND THE CITY OF SAN CLEMENTE

REGARDING PRELIMINARY PLANNING ACTIVITIES FOR A

REGIONAL BEACH SAND PROJECT
SANDAG CONTRACT NO. S1279214
This Memorandum of Understanding (MOU) is made and entered into effective as of the last signature date below, by and between the San Diego Association of Governments (“SANDAG”) and the City of San Clemente.

RECITALS
WHEREAS, in 1996, SANDAG adopted the Shoreline Preservation Strategy (Strategy) that outlines an extensive beach building and maintenance program for the critical shoreline erosion areas in the region, containing a comprehensive set of recommendations on the beach building program and on financing and implementation; and
WHEREAS, in 2001, SANDAG successfully implemented a Regional Beach Sand Project (RBSP) that placed 2.1 million cubic yards of sand on 12 beaches in the San Diego region; and WHEREAS, in 2012, SANDAG successfully implemented a second Regional Beach Sand Project (RBSP II) that placed 1.5 million cubic yards of sand on 8 beaches in the San Diego region; and WHEREAS, in 2021, SANDAG adopted the 2021 Regional Plan, which includes a Sustainable Communities Strategy that promotes nature-based climate solutions as a climate adaption strategy; and WHEREAS, the State of California has identified beach nourishment as a type of nature-based climate solutions; and
WHEREAS, the San Diego region is committed to implementing the Strategy; and WHEREAS, the region’s coastal cities representatives on the SANDAG Shoreline Preservation Working Group have expressed an interest and desire to initiate a Regional Beach Sand Project III (RBSP III); and
WHEREAS, a number of benefits, including recreational, economic, and public safety enhancements, protection of infrastructure, and increases in habitat, would occur as a result of beach nourishment; and
WHEREAS, the first Phase of a RBSP III would consist of preliminary planning activities that include updating the Feasibility and Economic Analysis completed in 2007, Phase I is funded by local jurisdictions and managed by SANDAG.; and
WHEREAS, the preliminary planning activities as identified in attachments to this MOU include updating the feasibility study and economic analysis done in 2007, determining lessons learned, identifying streamlining and cost saving options, and estimating the total cost for engineering, environmental and construction for a RBSP III (Preliminary Planning Activities); and 18 2
WHEREAS, on September 6, 2023, the City of San Clemente submitted a Letter of Interest in participating in Phase I: Preliminary Planning Activities; and WHEREAS, the Oceanside Littoral Cell extends from Dana Point Harbor to Scripps Canyon offshore of La Jolla. The Cities located in the Oceanside Littoral Cell are Dana Point, San Clemente, Oceanside, Carlsbad, Solana Beach, Encinitas, Del Mar, portions of Orange County Parks, and portions of the City of San Diego; and
WHEREAS, the City of San Clemente is located in the Oceanside Littoral Cell and shares similar shoreline erosion and coastal sediment deficit problems experienced by Oceanside Littoral Cell cities; and
WHEREAS, the City of San Clemente believes approaching regional beach nourishment as a super-regional collaboration will reduce costs and enhance benefits to all cities located in the littoral cells; and
WHEREAS, SANDAG led a Request for Proposals through its Environmental On-Call to solicit Phase I - Preliminary Planning Activities that included an Optional Task to include the City of San Clemente to the Scope of Work. A consultant was awarded in November 2023; and WHEREAS, activities identified within the Scope of Work include determining a lump sum cost for participating cities located outside the San Diego region (City of San Clemente) in order to participate in Phase I - Preliminary Planning Activities; and
WHEREAS, SANDAG requires a written funding commitment for each participating Coastal City prior to work beginning on the Preliminary Planning Activities; and WHEREAS, this MOU does not and is not intended to commit any of the parties to working on any portion of the RBSP III beyond the stage of Preliminary Planning Activities; and WHEREAS, the total contribution for the City of San Clemente to participate is $109,511.85 (lump sum) for Preliminary Planning Activities necessary for the development of RBSP III; and WHEREAS, the parties wish to memorialize their agreement in this MOU to carry out the purposes set forth above;

AGREEMENT
NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows:

SANDAG AGREES:

1. To use the City of San Clemente’s contribution solely to pay for Preliminary Planning Activities to evaluate the potential for RBSP III, which includes an investigation of offshore sand sources and preliminary project design for the preparation of a regional beach sand project. Funds will be kept by SANDAG in an interest-bearing account with interest credited to the City of San Clemente prorated to reflect its contribution to the Preliminary Planning Activities as compared to each participating City’s contributions, until the completion of the Preliminary Planning Activities. Unused funds will be returned to each participating City on a similarly pro-rated basis. 19 3

2. To retain the original records for at least 5 years from the date of the Preliminary Planning Activities completion and make them available to the City of San Clemente upon request.

3. To not proceed beyond the first phase of Preliminary Planning Activities without assurances that each participating City has entered into a subsequent memorandum of understanding reflecting the jurisdiction’s desire and commitment to participate in the RBSP III, reflecting approvals of appropriations for the phases of the RBSP III after Preliminary Planning Activities, the aggregate of which will fund the RBSP III.

4. Neither City of San Clemente, nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority, or jurisdiction delegated to SANDAG under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, SANDAG shall fully defend, indemnify, and save harmless City of San Clemente, all officers, and employees from all claims, suits, or actions of every name, kind, and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority, or jurisdiction delegated to SANDAG under this MOU.

CITY OF SAN CLEMENTE AGREES:

5. The City of San Clemente will approve an appropriation of $109,511.85, such amount being its total contribution to SANDAG for the Preliminary Planning Activities, which funds will be paid to SANDAG prior to the start date of the Preliminary Planning Activities.

6. Neither SANDAG nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by City of San Clemente under or in connection with any work, authority, or jurisdiction delegated to City of San Clemente under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4 as well as the terms of this MOU, City of San Clemente shall fully defend, indemnify, and save harmless SANDAG, its Board of Directors, all its officers, and all its employees from all claims, suits, or actions of every name, kind, and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by the City of San Clemente under or in connection with any work, authority, or jurisdiction delegated to City of San Clemente under this MOU.

THE PARTIES MUTUALLY AGREE:

1. That all obligations of SANDAG under the terms of this MOU are subject to the appropriation of the required resources by SANDAG and the approval of the SANDAG Board of Directors.

2. Any notice required or permitted under this MOU may be personally served on the other party, by the party giving notice, or may be served by certified mail, return receipt requested, to the following addresses:

For SANDAG For [Insert Name Of Other Party]
401 B Street, Suite 800 [Insert Address1]
San Diego, CA 92101 [Insert Address2]
Attn: Courtney Becker Attn: [Insert Name]
20 4

3. This MOU shall continue in effect unless and until a party to the MOU gives 60 (sixty) days written notice of its desire to withdraw from the MOU.

4. In accordance with Public Utilities Code section 132354.1(b)(4), all parties shall maintain and make available for inspection all books, documents, papers, accounting records, emails and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the MOU to the SANDAG Independent Performance Auditor. All parties shall make such materials available at their respective offices at all reasonable times during the MOU period and for three years from the date of final payment under the MOU.

5. The indemnification and defense provisions of this MOU shall survive termination of the MOU.

6. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of California.

7. All terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns.

8. For purposes of this MOU, the relationship of the parties is that of independent entities and not as agents of each other or as joint ventures or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations.

9. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.

10. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third parties to this MOU or affect the legal liability of the parties to this MOU.

11. Nothing in the provisions of this MOU commits either of the parties to working on and/or providing additional funding for any portion of the beach sand replenishment project beyond the stage of preliminary planning activities.

12. This MOU may be executed in any number of identical counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each party has signed one such counterpart.

13. This MOU may be executed and delivered by electronic signature.

IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective as of the last date a party provides an electronic signature below.

SAN DIEGO ASSOCIATION OF

GOVERNMENTS
[INSERT FULLNAME OF OTHER PARTY]

COLEEN CLEMENTSON
Chief Deputy Executive Director
[INSERT NAME]
[Insert Title]
21 5
APPROVED AS TO FORM: APPROVED AS TO FORM:

Office of General Counsel Legal Counsel
Exhibits:
 Project Scope of Work
 Project Budget
 Project Schedule
22 910 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: December 5, 2023 Agenda Item: 7N
Department: Public Works
Prepared By Dustin Burnside, Utilities Manager
Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE A NOTICE OF COMPLETION FOR THE CYPRUS SHORE EMERGENCY PUMP STATION MONITORING, PROJECT NO. 12209 ..body
Fiscal Impact:

The total cost for monitoring the temporary emergency bypass pump station of $2,064,848 is within the approved budget from the Sewer Fund Depreciation Reserve, Account No. 054-476- 45300-000-12209.

Summary:

Before the Council is the acceptance of and Notice of Completion (Attachment 2) for the Cyprus Shore Emergency Pump Station Monitoring, Project No. 12209, as shown on the Location Map (Attachment 1).

Background:

Coastal bluff movement at Cyprus Shore necessitated an emergency response to ensure uninterrupted wastewater and storm drainage. On September 20, 2021, City staff installed a temporary emergency sewer bypass pump system adjacent to the Cyprus Shore Clubhouse near the intersection of Calle Ariana and Avenue de las Palmeras. In order to protect public health and safety, the City Council ratified the emergency Professional Services Agreement and construction contracts approved by the City Manager with AKM Consulting Engineers and O’Connell Engineering and Construction, Inc. (O’Connell) and an initial appropriation of funding for expenditures, including construction management/inspection services for Dudek Engineering, material purchases and rentals at its October 19, 2021 City Council Meeting. With the need for continued operation of the pump station with pump watch while a more permanent facility was designed, negotiated and constructed, additional operational funding was approved on December 7, 2021, February 15, 2022, April 5, 2022, July 19, 2022, September 20, 2022, December 20, 2022, February 7, 2023, and July 18, 2023.

City Staff fabricated and installed a temporary pump station motor control room, to be operated and remotely monitored by Utilities staff. Until the plans are approved for grading, and the permanent replacement of the pump station motor control system is completed, the temporary pump station operation requiring the emergency pump station monitoring has been replaced by the temporary pump station motor control system. The station is powered by SDG&E and the remote communications have been established by a Cox Communications cable connection, which was finalized and operating remotely as of November 1st. 1 Meeting Date: December 5, 2023 Agenda Item: 7N

CITY OF SAN CLEMENTE
This phase of the project is completed and a Notice of Completion is recommended for O’Connell Engineering and Construction, Inc.

Final project costs for the Emergency Pump Station Monitoring are as follows:

Original Contract – Pump Monitoring for 30 calendar days $ 83,988.00 CCO#1 Pump Monitoring for 30 calendar days $ 84,000.00
CCO#2 Pump Monitoring for 60 calendar days $ 168,000.00 CCO #3 Pump Monitoring for 90 calendar days $ 252,000.00 CCO #4 Pump Monitoring for 90 calendar days $ 255,000.00 CCO #5 Pump Monitoring for 181 calendar days $ 510,000.00 CCO #6 Pump Monitoring for 180 calendar days $ 510,000.00 CCO #7 Pump Monitoring for 62 calendar days $ 183,359.52 CCO #8 Pump Monitoring final costs $ 18,500.00
Total Project Cost $ 2,064,848.52
Council Options:
 Adopt Resolution No. 23-139 (Attachment 3) which would accept the completed Cyprus Shore Emergency Pump Station Monitoring, Project No. 12209 from the Contractor, O’Connell Engineering & Construction, Inc.;
 Adopt Resolution No. 23-139 with modifications.
 Continue the item with direction to provide additional information.

Environmental Review/Analysis
In connection with the original contract award, staff previously determined that this project is 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. 23-139, which would:

1. Accept the Cyprus Shore Emergency Pump Station Monitoring, Project No. 12209 from the Contractor, O’Connell Engineering & Construction, Inc. as complete;

2. Authorize the Public Works Director to execute and record the Notice of Completion for the completed Cyprus Shore Emergency Pump Station Monitoring; and

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, O’Connell Engineering & Construction, Inc. ..end
Attachments:

1. Location Map
2 Meeting Date: December 5, 2023 Agenda Item: 7N

CITY OF SAN CLEMENTE

2. Notice of Completion

3. Resolution No. 23-139

4. Agenda Report dated October 19, 2021 (without attachments)

5. Agenda Report dated December 7, 2021 (without attachments)

6. Agenda Report dated February 15, 2022 (without attachments)

7. Agenda Report dated April 5, 2022 (without attachments)

8. Agenda Report dated July 19, 2022 (without attachments)

9. Agenda Report dated September 20, 2022 (without attachments)

10.Agenda Report dated December 20, 2022 (without attachments)

11.Agenda Report dated February 7, 2023 (without attachments)

12.Agenda Report dated July 18, 2023 (without attachments) Notification:

None.
3 VISTA AZUL VIA RANCHO

CLE CAMPESINO

CLE MARLENA

CLE ISABELLA

CLE LISA

CLE ARIANA

CLE LOUISA

AVE DE LAS PALMERAS

AVE VISTA DEL OCEANO

CLE ARIANA

CLE TIARA

VIA CALANDRIA

VIA ADELIA

CLE DE LAS FOCAS

CLE POTRANCA CLE DEL ESTABLO

VISTA BLANCA

CLE TIBURON

CLE POTRO

L PRESIDENTE
REAL (COAST HWY) A. T. & S. F. R. R.

A. T. & S. F. R. R.

AVE LUCIA

AVE DOLORES

AVE BUENA VENTURA

AVE SAN FERNANDO

AVE PALA

AVE SANTA MARGARITA AVE CARMELO

CLE FRANCESCA

VIAJASMIN

VIA COLORSO

AVE SAN DIEGO CLE ISABELLA

SAN DIEGO FREEWAY
Cyprus Shore Storm Drain and
Pump Station Relocation
Attachment 1
PN 12004 & 12209

NOT TO SCALE

PROJECT

LOCATION
4 .!:

E
!
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316
Recording Requested By:

City of San Clemente
When Recorded, Mail To:

City Clerk
City of San Clemente
910 Calle Negocio, Suite #100
San Clemente, CA 92672
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: Cyprus Shore Emergency Pump Station Monitoring, Project No. 12209

2. Street address or legal description of the project site: The Intersection of Calle Ariana and Avenue de las Palmeras San Clemente, Ca

3. Date of Completion: September 30, 2023

4. Name of owner: City of San Clemente.

5. Interest or estate of owner: City of San Clemente

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

7. Name and address of contractor: O’Connell Engineering and Construction, Inc., 36572 Deauville Road, Winchester, CA 92596
I am the Public Works Director 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. _________________________________
David Rebensdorf, Public Works Director
City of San Clemente
Attachment 2
5 RESOLUTION NO. 23-139

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING AS

COMPLETE THE CYPRUS SHORE PUMP STATION
EMERGENCY MONITORING, PROJECT NO. 12209
WHEREAS, there was coastal bluff landslide within Cyprus Shore Community Association in 2021 that impacted City owned storm drain and wastewater collection system infrastructure; and
WHEREAS, on September 20, 2021, City Utility staff installed a temporary wastewater collection pump system using manholes requiring generator power and pump watch to ensure the pump turned on and off due to lack of storage within the system to prevent a sewer spill; and
WHEREAS, the City Manager approved an emergency Contract with O’Connell Engineering and Construction, Inc. which was ratified by the City Council on October 19, 2021 for temporary wastewater pump station pump watch and the City Council declared the project an emergency to protect public health and safety; and WHEREAS, subsequent change orders through July 29, 2023 have been approved or ratified by the City Council for a total of $2,064,847.52; and WHEREAS, Orange County Transportation Authority completed a slope stabilization project allowing the City to utilize its existing wastewater pump station with a temporary electrical motor control center in August or September 2023; and WHEREAS, the Utilities staff have built and installed the temporary motor control unit and connected power and communications to remotely operate the original wet well.

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

Section 1. That the foregoing recitals are true and incorporated by this reference.

Section 2. That the public interest and necessity demanded the immediate expenditure of public funds to safeguard public health.

Section 3. That the Cyprus Shore Pump Station Emergency Monitoring, Project No. 12209, is hereby accepted from O’Connell Engineering and Construction, Inc.

Section 4. That the Public Works Director/City Engineer is authorized and directed to execute and record a Notice of Completion for the completed Cyprus Shore Pump Station Emergency Monitoring.

Section 5. That the City Clerk is hereby authorized to release the Payment Bond for this project 35 days from the recordation of the Notice of Completion upon verification with Attachment 3
6 Resolution No. 23-139 Page 2
the Engineering Division that no liens have been levied against the Contractor, O’Connell Engineering and Construction, Inc.

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 ____________________, _______.

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. 23-139 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:

Prepared By:

Subject:

Utilities

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: October 19, 2021
David Rebensdorf, Utilities Director D~
Agenda Item ---2i5a_
Approvals:

City Manager /e,,,7
Dept. Head .~
Attorney --- Finance JR,

RA TIF/CA TION OF EMERGENCY PURCHASES, PROFESSIONAL SERVICES AGREEMENT WITH

AKM CONSULTING ENGINEERS AND CONSTRUCTION CONTRACTS WITH O'CONNELL

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

Fiscal Impact: Yes. An estimated $205,400 is recommended for continuous emergency operation of the pump station and bypass for two months. An appropriation of $205,400 is recommended from the Sewer Fund Depreciation Reserve to Account No. 054-4 76-45300-000-12209.

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

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

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

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

Background: When the Cyprus community was developed, the collection system, a sewer pump station serving approximately 400 homes and a portion of the storm drain system was dedicated to and accepted by the City. Due to coastal bluff movement adjacent to the Cyprus Shore Clubhouse near the intersection of Calle Ariana and Avenue de las Palmeras and to protect public safety and property a temporary emergency sewer bypass was installed by City staff on September 20, 2021. In addition, a bypass of the storm drain in Avenue de las Palmeras and the private beach access road may be Util ities Agenda Report
/J
10-19-21 / 9B-2
9 Agenda Report Page 2
necessary to accommodate urban runoff and storm flows until the bluff is stabilized and rebuilt. Design analysis to address urban runoff and storm flows is ongoing, and alternative methods may be implemented.

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

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

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

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

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

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

Page 3 ends

Action: STAFF RECOMMENDS THAT the City Council:

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

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

3. Approve an appropriation in the amount of $205,400 to Account Number 054-4 76- 45300-000-12209 from the Sewer Fund Depreciation Reserve; 10-19-21 / 9B-4
11 Agenda Report Page4

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

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

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

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

8. Ratify a purchase with P&F Distributors for storm drain pipe and fitting in the amount of $122,391.75 for Cyprus Shore Storm Drain Emergency Relocation, ProjectNo 12004: and,

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

Attachments: 1. Location Map.

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

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

4. P&F Distributors Quote.

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

Notification: None.
i:\cu\secure\staff\admin\agenda-admin reports\2021 admins\10-19-21\10-19-1 r cyprus shore emergency projectdocx.docx Attachment 5
12 Js~N _C{~
~ ~- .. ~ u ' ..:,¾. (T)
. •:--,::-•
Department:

Prepared By:

Subject:

Fiscal Impact:

Utilities

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: December 7, 2021
David Rebensdorf, Utilities Director D 12-
Agenda Item L.Q 2)
Approvals:

City Manager
Dept. Head
Attorn ey
Finance
..,<:->,,...--

RATIFICATION OF EMERGENCY PURCHASES AND SUPPLEMENTAL FUNDING FOR CYPRUS

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

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

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

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

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

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

Background: To continue sewer service to approximately 400 homes within the Cyprus community while design and construction of a temporary pump station with electric power and monitoring capabilities, additional costs for pump watch are needed. Staff is anticipating approximately 60 additional days may be needed for pump watch to ensure uninterrupted service and to prevent a sewer spill. O'Connell was hired through Utilities Agenda Report
12-7-21 / 6J-1
13 Agenda Report Page 2
an emergency contract to provide 30 days of pump watch for $83,988 which was extended for 30 days as previously authorized by the City Council. Several temporary and permanent pump station options were evaluated which requires additional time to for design. Staff is recommending the City Council authorize the City Manager to approve a contract change order for as needed pump watch for an additional 60 days with O'Connell. In addition, funding is needed for expenditures related to rentals and purchase of materials, such as, electrical equipment, piping, pumps, emergency generator and fuel to operate the temporary pump station. The temporary relocation of the pump station is under design and electrical power is being installed by SDG&E.

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

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

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

Emergency Wastewater Operation Cost Estimate
Pump, Piping and Fittings
K-Rail
Generator ------ Diesel Fuel
$ 8,500/month
700/month
11,000/month ---- •••••• -·-··---- - --~.800/month· -
Pump Watch (O'Connell)
Contingency 10%
Subtotal
Total (Assumes two months of operation)
84,000/month
10,000/month
118,000/month
$236,000
12-7-2 1 / 6J-2
14 Agenda Report
Recommended
Storm Drain Temporary Relocation Costs
Approved Initial Estimate
Engineering
Administration/Permitting
Inspection/Construction Management
500' of 36-inch HDPE Pipe and Fittings
Construction
Contingency
Sandbags
K-Rail (550/month X 4 months)
Total Cost
Current Cost Estimate
Engineering
Administration/Permitting
Inspection/Construction Management
500' of 36-inch and 100' of HOPE Pipe and Fittings
Thrust Restraint Pipe Clamps
Construction
36-inch Storm Drain Liner
Contingency 12%
36-inch Storm Drain Plug Rental and Maintenance
Sandbags
K-Rail (700/month X 6 months)
Total Cost
$ 49,884
15,000
10,000
125,000
40,000
10,116
3,800
2,200
$256,000
$ 49,884
15,000
22,500
120,000
20,000
40,000
60,000
40,616
35,000
3,800
4,200
$411,000
Page3
Action: STAFF RECOMMENDS THAT the City Council:

2. Declare that the public interest and necessity demand the immediate expenditure -····-·-· •·· ·-·-···of -publi-c-funds··to··safeg ard-pab-lic·health;· -··········-··-··· -······· · ----·· · ··

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

4. Approve a supplemental appropriation in the amount of $155,000 to Account Number 059-553-45300-000-12004 from the Storm Drain Fund Depreciation Reserve;
12-7-21 / 6J-3
15 Agenda Report Page4

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

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

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

Attachments: 1. Location Map.

2. Storm Drain Location Exhibit.

3. Envirocon Systems Initial Purchase Order.

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

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

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

Notification: None.
12-7-2 1 / 6J-4
' --,
Attachment 6
16 Deparlment:

Prepared By:

Subject:

Fiscal Impact:

Summary:

Background:

Utilities

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
• Meeting Date: February 15, 2022
David Rebensdorf, Utilities Director f) [Z
Agenda Item . (oj
Approvals:

City Manager 4;J1 jo
Dept Head CJ P-.

Attorney CJ .Finance£ f;l---
RAT/FICA T/0N OF EMERGENCY PURCHASES AND SUPPLEMENTAL FUNDING FOR CYPRUS SHORE PUMP STATION EMERGENCY OPERATION, PROJECT No. 12209.

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

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

To continue sewer service to approximately 400 homes within the Cyprus community while construction of a temporary pump station with electric power and monitoring capabilities, additional funding for pump watch and equipment and materials is needed. Design has been completed for the temporary pump station and informal bids are anticipated by the middle of February. Staf( is anticipating approximately 90 additional days may be needed for pump Watch to ensure ·uninterrupted service and · to prevent a sewer spill. If possible, the time .the services are needed will be reduced based on availability of equipment and pow,~L • • • •
Staff is recommending the City Council .authorize the City Manager to approve a contract change order for as needed pump watch based on the estimated costs for Utilities Agenda Report
2-15-22 I 6J -1
17 Agenda Report
Recommended

Page 2 ends

rental and purchase of materials, such as, electrical equipment, piping, pumps, emergency generator and f1,.1el to operate the temporary pump station as shown below,:·.· Emetgency Wastew;a~er Operation Cost Estimate • , ·, . ·., . ~ . . • ~ ,. . • • • .•. ~ _;._ Pl.imp, Piping and Fittings.· ..

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

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

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

Attachments: 1. Location Map.

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

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

Notification: None.
i:\cu\secure\staff\admin\agenda-admin reports\2022 admins\2-15-22\2-15-22-4r cyprus shore emergency project,docx 2-15-22 / 6J -2
Attachment 7
18 Department:

Prepared By:

Subject:

Fiscal Impact:

AGENDA REPORT

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

City Manager {,2J }p
Dept. Head O\?.

Attorney C "J"
Finance 1 ~

RATIFICATION OF EMERGENCY PURCHASES, CONSTRUCTION CONTRACT WITH O'CONNELL ENGINEERING & CONSTRUCT/ON FOR CYPRUS SHORE PUMP Sr AT/ON RELOCA TJON, AND FIRST AMENDMENT To A PROFESSIONAL SERVICES AGREEMENT WITH AKM CONSULTING ENGINEERS, PROJECTNO.'S 12004AND 12210.

Yes. The total estimated project cost for the Cyprus Shore Pump Station Relocation, Project No. 12210 is $2,623,150. The project was originally budgeted for $88,580, and a supplemental appropriation of $2,534,570 is recommended from the Sewer Connection Fee Reserve to Account No. 054-4 77-45300-000-12210.

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

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

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

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

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

O'Connell Engineering and Construction, Inc.

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

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

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

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

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

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

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

Recommended
Action: STAFF RECOMMENDS THAT the City Council:

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

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

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

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

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

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

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

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

3. First Amendment to Professional Services Agreement with AKM Consulting Engineers.

Notification: None.
i:\cu\secure\staff\admin\agenda-admin reports\2022 admins\4-5-22\4-5-22-3r cyprus shore contract award and supplemental appropriation.docx 4-5-22 I 6J-4
Attachment 8
22 Departme·n,t:.

Prep·ared By::

Subject:

Fis.cal lmpac·t:

Summary:

Utilities

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date·: July 19, 2022
David Rebensdorf, Utmties Di1riector D~
Agenda Item ,4 L
Approvals:

City Manager <£,,S 1'.?
Dept. Head \)~
Attorney Q:r
Finance 0 R.

RAFfFlCA,TlO'N OF EMER'GENCY PURCHASES ANID SUPPLEM'ENTAL FtJNDING FOR CYPRUS SHORE PUMP STATION EM!ERGENCY OPERA FlON, PROJECT NO. 12'209 AND CYPRUS SHORE STORMt DRAlfNi EM'ERGENCY RELOCA\TION, PROJECT NO. 12'00'4.

Yes. Fo,r the Cyprus. Shore Pump Stati:on Emerg:e,rncy Operati'on, Project No. 12209, $79.5,400 lilas been budg:etedl forr the initilal 2110 days. of emergetllcy bypass pump statron operntion. An adlditronal1 90 days of operation is recommended with funding from a supplemental appmpriati,on in the amm.mt of $357,225 from the Sewer Fund Depreciati.on Reserve to Accou1nt No. 054-4!76-45,300-000-1'2209. f o,r the Cyprus Shore Storm Drain Emerg;ency RelIocation, Project No. 12004, $4511,.rn::io has. been budgeted, and a supplemental. appmpri,ation of $98,412 is recommended from the Storm Drarn Fund Depreciation Reserve to Account No. 059- 553-45300-000-1'2004 for rel'ocation design.

There is sufficient fund balance within the proposed funds for the recommended SlUpplemental approp-riati:ons.

Coastal bluff movement at Cyprns Shore necess.itated an emergency response to ensure u1111interrupted wastewater and storm drainag.e. On September 20, 2021 , City staff ins.taUed a temporary emergency sewer bypass pump system adjacent to the Cyprus Shore Clubhouse near the intersection of Cal.le Ari1ana and Avenue de las Palmeras. 111 order to protect public health and safety, the City Council ratified the emerg.e·111cy Professional Services A.greemen.t andi co.nstruction contracts approved by the City Manag·er with AKM Consulting Eng1ineers and O'Connell Engineering and Constmcfiion, Inc. (O'Connell) and an initial apprnprfation of funding for expenditures, includiin:g cons.tructio11 management/inspection services for Dud'ek Engineering, material1 purchases and rental's at its October 119, 20.21. City Council Meeting. With the need for continued operiation of the pump stati:on wi,th pump, watch while a more permanent facil:ity is designed and constructed, addi1tional operati'onat funding was appmvedl on December 7,, 2021, February 15, 2022, and April: 5,, 2022. To allow for procufemernt of materials and constmction of a temporary, pump station, an additional 9:0 days is needed for emerrg.e11cy wastewater pumping, operation.

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

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

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

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

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

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

AKM provided a proposal in the amount of $98,412 for this work. Staff reviewed their proposal and the City Manager approved a Professional Services Agreement. Due to the emergency caused by the landslide and the need to improve drainage in a timely manner, staff recommends ratifying the Professional Consultant Services Agreement with AKM (Attachment 8). The City Manager has the authority to approve emergency 7-19-22 I 4L-2
24 Agenda Report
Recommended

Page 3 ends

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

Action: STAFF RECOMMENDS THAT the City Council:

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

2. Approve a supplemental appropriation in the amount of $357,225 to Account Number 054-476-45300-000-1 2209 from the Sewer Fund Depreciation Reserve;

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

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

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

Attachments: 1. Location Map

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

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

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

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

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

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

8. AKM Consulting Engineers Professional Services Agreement.

Notification: None.
7-19-22 I 4L-3
Attachment 9
25 Meeting Date: 9/20/2022
Department: Utilities

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
Prepared By: David Rebensdorf, Utilities Director
Subject:
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Agenda Item: 4G

RATIFICATION OF EMERGENCY PURCHASES AND SUPPLEMENTAL FUNDING FOR CYPRUS SHORE PUMP STATION EMERGENCY OPERATION, PROJECT NO. 12209.

Fiscal Impact:

Yes, $1 ,152,625 has been budgeted for the initial 300 days of emergency bypass pump station operation. An additional 181 days of operation is recommended, with funding from a supplemental appropriation in the amount of $714,450 from the Sewer Fund Depreciation Reserve to Account No. 054-476-45300-000-12209. There is sufficient fund balance within the proposed fund for the recommended supplemental appropriation.

Summary:

To protect public health and safety, the City Council ratified the emergency Professional Services Agreement and construction contracts, approved by the City Manager, with AKM Consulting Engineers and O'Connell Engineering and Construction, Inc. (O'Connell). The City Council further approved an initial appropriation of funding for expenditures, including construction management/inspection services for Dudek Engineering and material purchases and rentals at its October 19, 2021 City Council Meeting. With the need for continued operation of the pump station with pump watch while a more permanent facility is designed and constructed, additional operational funding was approved on December 7, 2021 , February 15, 2022, June 21 , 2022 and July 19, 2022.

To allow for procurement of materials and construction of a temporary pump station , an additional 181 days is needed for emergency wastewater pumping operation.

Background:

Additional funding for pump watch and equipment and materials is needed to continue sewer service to approximately 400 homes within the Cyprus community while construction is completed of a temporary pump station with electric power and monitoring capabilities. Staff is anticipating 181 additional days to allow the contractor to procure material and start construction. Unfortunately, the project has been delayed due to supply chain issues and negotiations with the Cyprus Shore Homeowners Association regarding the location of the pump station and electrical equipment. Staff continues to explore opportunities to minimize pump watch , which can only occur once electric power and a new wet well are constructed in December/January depending upon the availability of equipment.

CITY OF SAN CLEMENTE Page 1 of 3 Printed on 9/15/2022
powered by Leg,star™ 1
26 Meeting Date: 9/20/2022 Agenda Item: 4G
Staff is recommending the City Council ratify the Interim City Manager's approval of a contract change order with O'Connell Engineering and Construction for as needed pump watch based on the estimated costs for rental and purchase of materials, such as, electrical equipment, piping, pumps, emergency generator and fuel to operate the temporary pump station as shown below.

Emergency Wastewater Operation Cost Estimate
Pump, Piping and Fittings
Subtotal
K-Rail
Generator
Diesel Fuel
Pump Watch (O'Connell)
Contingency 10%
Total (Assumes six months of operation)
Plan and Policy Consistency:
$ 8,200/month
1,075/month
11,000/month
3,800/month
85,000/month
10,000/month
119,075/month
$714,450
The approval is consistent with the following General Plan Goals and Policies:
• Goal: Maintain and improve a comprehensive system of potable water supply, storage and distribution, and wastewater treatment, reclamation , and reuse to meet daily and emergency needs in San Clemente.
• Policy: PSFU-5.1 0. Wastewater System. We provide and maintain a system of wastewater collection and treatment facilities to adequately convey and treat wastewater generated in the City of San Clemente seNice area.

Council Strategy:

The approval is consistent with Council Strategy 3 - Update and maintain infrastructure that reflects best available technology and seNice - in that Utilities is providing uninterrupted sewer and storm drainage service to approximately 400 homes within the Cyprus Shore community with temporary solutions while more permanent facilities are designed and constructed .

Recommended Actions:

Staff Recommendation
Staff Recommends That the City Council:

1. Make a finding that an emergency continues to exist due to the potential failure of an existing sewer pump station and storm drain system and that the situation requires immediate action to prevent or mitigate impairment to property and public seNices, that might otherwise occur if required to incur delays attributed to the typical engineering design and public competitive bidding process;
CITY OF SAN CLEMENTE Page 2 of 3 Printed on 9/15/2022
powered by Leg1star'" 2
27 Meeting Date: 9/20/2022 Agenda Item: 4G

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

3. Approve a supplemental appropriation in the amount of $714,450 to Account Number 054-476-45300-000-12209 from the Sewer Fund Depreciation Reserve; and

4. Ratify Change Order No. 05 with O'Connell Engineering and Construction , Inc. on a time and materials basis for $510,000 for Cyprus Shore Emergency Pump Station Bypass Operation, Project No. 12209.

Attachments:

1. Location Map

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

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

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

5. June 21 , 2022 City Council Agenda Report without attachments.

6. July 19, 2022 City Council Agenda Report without attachments.

7. O'Connell Engineering and Construction Contract Change Order No. 05.

Notification:

None.

CITY OF SAN CLEMENTE Page 3of3 Printed on 9/15/2022
powered by Leg,star.., 3

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 12/20/2022 Agenda Item: 4G
Department: Utilities
Prepared By: David Rebensdorf, Utilities Director
Subject:

RATIFICATION OF EMERGENCY PURCHASES AND CONSTRUCTION CONTRACTS WITH SANCON TECHNOLOGIES, INC. AND XYLEM DEWATERING SOLUTIONS, INC. FOR CYPRUS SHORE SEWER LINING, PROJECT NO. 12209.

Fiscal Impact:

Yes. An estimated $127,000 is recommended for emergency sewer lining and bypass pumping. To fund the expenditure, a supplemental appropriation of $127,000 is recommended from the Sewer Fund Depreciation Reserve to Account No. 054-476-45300-000-12209. This emergency expenditure will reduce available fund balance to approximately $2,664,637 in the Sewer Depreciation Fund.

Expenditures to date from the Sewer Depreciation Fund, including this expenditure, for pump station operation, bypass equipment, pumps, generators, fuel and lining are approximately $1,660,627.

Additional expenditures are anticipated for temporary sewer pump station operation in the amount of $120,000 per month until it is relocated in a permanent location. Emergency expenditures may be needed in the near future to relocate the forcemain above ground if movement continues in the ancient landslide.

Summary:

To protect public health and safety due to recent movement of the ancient landslide, staff recommends the City Council ratify the emergency construction contracts approved by the City Manager with Sancon Technologies, Inc. and Xylem Dewatering Solutions, Inc. and supplemental appropriation of funds.

Background:

When the Cyprus community was developed, the collection system, a sewer pump station serving approximately 400 homes, and a portion of the storm drain system was dedicated to and accepted by the City. Due to coastal bluff movement adjacent to the Cyprus Shore Clubhouse near the intersection of Calle Ariana and Avenue de las Palmeras and to protect public safety and property, a temporary emergency sewer bypass was installed by City staff on September 20, 2021 and is currently operated by O’Connell Engineering and Construction. In addition, a bypass of the storm drain in Avenue de las Palmeras was constructed to keep storm water out of the coastal bluff landslide area.

Discussion:

Due to recent movement of the ancient landslide corresponding to slope stabilization construction by the Orange County Transportation Authority (OCTA) for protection of the railroad, City construction of the relocation of the sewer pump station within the ancient landslide has been placed on hold along with final design for the storm drain. In addition, due to the movement there is concern for failure of CITY OF SAN CLEMENTE Page 1 of 3 Printed on 12/16/2022
powered by Legistar™ 1
Attachment 10
28 Meeting Date: 12/20/2022 Agenda Item: 4G
with final design for the storm drain. In addition, due to the movement there is concern for failure of the public water and sewer systems within the ancient landslide area. To minimize disruption to the residents, prevent a sewer spill, and maintain service within the community, lining of the sewer line was completed and evaluations of alternate sewer pump station operation, above ground sewer forcemain bypass pipeline, and addition sewer lining are being completed.

The first phase of the mitigation effort due to the recent movement is to protect the existing gravity sewer line at the interface of the ancient landslide within Calle Ariana north of Avenue de las Palmeras. The City Manager authorized construction contracts to install a flexible liner within the sewer line. Unfortunately, the existing clay sewer line is brittle and is subject to cracking and potential failure if extended movement occurs. The liner was installed without excavation within the existing clay sewer line (host pipe) and will become the new pipeline which will not be subject to leaks prior to failure due to the flexibility of the material. To prevent a sewer system failure, the City Manager has the authority to approve emergency contracts and purchases when there is a need to protect public health and safety per Section 3.40.070 of the City of San Clemente Municipal Code.

The estimated cost for liner installation is shown below.

Sewer Lining
Design and Administration $ 15,000
Bypass Pumping (Xylem) 18,850
Liner Installation (Sancon) 80,940
Contingency 12,210
Total $ 127,000
Plan and Policy Consistency:

The approval is consistent with the following General Plan Goals and Policies:
• Goal: Maintain and improve a comprehensive system of potable water supply, storage and distribution, and wastewater treatment, reclamation, and reuse to meet daily and emergency needs in San Clemente.
• Policy: PSFU-5.10. Wastewater System. We provide and maintain a system of wastewater collection and treatment facilities to adequately convey and treat wastewater generated in the City of San Clemente service area.

Council Strategy:

The approval is consistent with Council Strategy 3 - Update and maintain Infrastructure that reflects best available technology and service - in that Utilities is providing uninterrupted sewer and storm drainage service to approximately 400 homes within the Cyprus Shore community with temporary solutions while more permanent facilities are designed and constructed.

Recommended Actions:

Staff Recommendation
Staff Recommends that the City Council:

1. Make a finding that an emergency exists due to the potential failure of an existing sewer line and CITY OF SAN CLEMENTE Page 2 of 3 Printed on 12/16/2022
powered by Legistar™ 292
Meeting Date: 12/20/2022 Agenda Item: 4G
that the situation requires immediate action to prevent or mitigate impairment to property and public services, that might otherwise occur if required to incur delays attributed to the typical engineering design and public competitive bidding process.

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

3. Approve a supplemental appropriation in the amount of $127,000 to Account Number 054-476- 45300-000-12209 from the Sewer Fund Depreciation Reserve.

4. Ratify a Construction Contract with Sancon Technologies, Inc. for $80,940, for Cyprus Shore Emergency Sewer Lining, Project No 12209.

5. Ratify a Construction Contract with Xylem Dewatering Solutions, Inc. on a time and materials basis for up to $18,850 for Cyprus Shore Emergency Sewer Lining, Project No 12209.

Attachment:

1. Location Map

2. Construction Contract with Sancon Technologies, Inc.

3. Construction Contract with Xylem Dewatering Solutions, Inc.

Notification:

None.

CITY OF SAN CLEMENTE Page 3 of 3 Printed on 12/16/2022
powered by Legistar™ 303
Attachment 11
31 Meeting Date: 2/7/2023
Department: Utilities

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
Prepared By David Rebensdorf, Utilities Director
Subject:
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Agenda Item: 6J

RATIFICATION OF EMERGENCY PURCHASES AND SUPPLEMENTAL FUNDING FOR CYPRUS SHORE PUMP STATION EMERGENCY OPERATION, PROJECT NO. 12209.

Fiscal Impact:

Funding of $1 ,867,075 has been budgeted since September 2021 for emergency bypass pump station operation. An additional 180 days of operation is recommended, with funding from a supplemental appropriation in the amount of $714,450 from the Sewer Fund Depreciation Reserve to Account No. 054-476-45300-000-12209. There is sufficient fund balance within the proposed fund for the recommended supplemental appropriation.

Summary:

Coastal bluff movement at Cyprus Shore required an emergency response to ensure uninterrupted wastewater and storm drainage. On September 20, 2021 , City staff installed a temporary emergency sewer bypass pump system adjacent to the Cyprus Shore Clubhouse near the intersection of Calle Ariana and Avenue de las Palmeras. On October 19, 2021 , the City Council ratified an emergency Professional Services Agreement and construction contracts that had been conditionally approved by the City Manager with AKM Consulting Engineers and O'Connell Engineering and Construction, Inc. (O'Connell) and an initial appropriation of funding for expenditures, including construction management/inspection services for Dudek Engineering, material purchases and rentals.

Subsequent to the initial movement, continued operation of the pump station has been necessary due to lack of direct power from SDG&E and use of existing manholes with limited storage for pumping operation while a more permanent facility was designed and constructed. Due to movement in the larger landslide extending to Calle Ariana, the construction of the relocated pump station has been placed on hold while the Orange County Transportation Authority installs two rows of tie-backs within the coastal bluff. The construction is anticipated for completion in March 2023. Once construction is complete, geologists will read inclinometers to determine if the slope has stabilized.

Once the stability is determined, the City can begin either relocating the pump station or utilize the existing pump station subject to approval for remedial grading by the California Coastal Commission (CCC). City staff has begun discussions with the CCC and anticipates submittal of an application to restore operation to the existing pump station.

Background:

To continue sewer service to approximately 400 homes within the Cyprus community while construction is either completed for a temporary pump station or restoration of the existing pump station, additional funding for pump watch, equipment and materials is needed. Staff is anticipating a minimum of 180 additional days to allow for determination of the slope stability and either CITY OF SAN CLEMENTE Page 1 of 3 Printed on 2/1/2023
powered by Leg,star"'
32 Meeting Date: 2/7/2023 Agenda Item: 6J
construction of a new pump station or restoration of the existing facility. Construction of the relocated pump station has been delayed due to supply chain issues and negotiations with the Cyprus Shore Homeowners Association regarding the location of the pump station and electrical equipment.

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

Emergency Wastewater Operation Cost Estimate
Pump, Piping and Fittings
K-Rail
Generator
Diesel Fuel
Pump Watch (O'Connell)
Contingency 10%
Subtotal
Total (Assumes six months of operation)
Recommended Actions:

Staff Recommendation
Staff Recommends That the City Council:
$ 8,200/month
1,075/month
11 ,000/month
3,800/month
85,000/month
10,000/month
119,075/month
$714,450

2. Declare that the public interest and necessity for continued service demand the immediate expenditure of public funds to safeguard public health.

3. Approve a supplemental appropriation in the amount of $714,450 to Account Number 054-476 -45300-000-12209 from the Sewer Fund Depreciation Reserve.

4. Authorize the Interim City Manager to approve Change Order No. 06 with O'Connell Engineering and Construction, Inc. on a time and materials basis for $510,000 for Cyprus Shore CITY OF SAN CLEMENTE Page 2 of 3 Printed on 2/1/2023
powered by Leg ,star M
33 Meeting Date: 2/7/2023
Emergency Pump Station Bypass Operation, Project No. 12209.

Attachment:
1 . Location Map

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

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

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

5. June 21 , 2022 City Council Agenda Report without attachments.

6. July 19, 2022 City Council Agenda Report without attachments.

7. September 20, 2022 City Council Agenda Report without Attachments .

8. O'Connell Engineering and Construction Contract Change Order No. 06.

Notification:

None.

CITY OF SAN CLEMENTE Page 3 of 3
Agenda Item: 6J
Printed on 2/1/2023
powered by Leg,star '

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 7/18/2023 Agenda Item: 6M
Department: Utilities
Prepared By David Rebensdorf, Utilities Director
Subject:

CONSIDERATION OF A RESOLUTION APPROVING A CONTRACT CHANGE ORDER TO CONTINUE EMERGENCY PUMP WATCH SERVICES FOR TWO MONTHS WITH O’CONNELL ENGINEERING AND CONSTRUCTION, INC. AND APPROPRIATING SUPPLEMENTAL FUNDING FOR CYPRUS SHORE PUMP STATION EMERGENCY OPERATION, PROJECT NO. 12209, THROUGH MARCH 2024 IN THE AMOUNT OF $340,960
Summary:

On September 20, 2021, coastal bluff movement at Cyprus Shore necessitated an emergency response to ensure uninterrupted wastewater and storm drainage. City staff installed a temporary emergency sewer bypass pump system adjacent to the Cyprus Shore Clubhouse near the intersection of Calle Ariana and Avenue de las Palmeras. In addition, the City installed a temporary above ground storm drain system in coordination with the Cyprus Shores Homeowners Association.

Both temporary emergency systems have been in continuous operation since the bluff began moving.

Due to the nearly completed slope stabilization project by the Orange County Transportation Authority (OCTA), City staff submitted an application for a California Coastal Development Permit to reinstate the existing sewer pump station by providing access to the motor control system and replacement of a portion of the storm drain system. Tentatively, the California Coastal Commission (CCC) will consider the application at its September 2023 meeting. If approved, appropriations and contracting will be presented to Council to complete the project expeditiously to minimize health and safety risks to the public and environment.

Until either an alternate pump station location or grading and the permanent replacement of the pump station motor control system is completed, the temporary emergency pump station operation using existing manholes with limited capacity (at a cost of approximately $125,000 per month) will be replaced by using the existing pump station wet well with power from SDG&E and a temporary electrical motor control system. City staff is in the process of completing the construction of the temporary motor control system and anticipates connection to the existing pump station in late August/September.

In the interim, emergency funding and contracting authorization is necessary to continue conducting operations of the temporary pump station through September. If the CCC approves the project to reinstate the sewer pump station and replace the storm drain in September, the rest of the project will be completed in two main phases: 1. Slurry filling the gap in the landslide backscarp, potentially install caisson adjacent to the backscarp for lateral support, grading and installation of the storm drain; and 2. Replacement of the sewer pump station motor control system once the access road is CITY OF SAN CLEMENTE Page 1 of 4 Printed on 7/14/2023
powered by Legistar™ 1
Attachment 12
34 Meeting Date: 7/18/2023 Agenda Item: 6M
drain; and 2. Replacement of the sewer pump station motor control system once the access road is completed. Each phase could take up to six months to complete, although the sewer pump station may take longer depending upon the availability of materials.

City staff is currently evaluating long lead time items with potential vendors as well as exploring any local vendor opportunities. Depending upon the lead times, staff may return to the City Council in advance of CCC approval to expedite the project timeline.

Background:

Storm drain and wastewater collection service is provided to approximately 400 homes in the private community. In order to protect public health and safety, the City Council ratified the emergency Professional Services Agreement and construction contracts approved by the City Manager with AKM Consulting Engineers and O’Connell Engineering and Construction, Inc. (O’Connell) and an initial appropriation of funding for expenditures, including construction management/inspection services for Dudek Engineering, material purchases and rentals at its October 19, 2021 City Council Meeting.

Subsequent to the initial movement, continued operation of the pump station with pump watch has been necessary due to lack of power from SDG&E and use of existing manholes with limited storage for pumping operation while a relocated facility was designed and an easement was being negotiated with Cyprus Shore Homeowners Association. But due to movement in the larger landslide extending to Calle Ariana, the construction of the relocated pump station and acquisition of easements within the larger landslide area was placed on hold in the fall of 2022 while the OCTA installed two rows of tie-backs within the coastal bluff. OCTA’s construction is anticipated to be complete in July 2023.

Based on an evaluation of OCTA’s completed slope stabilization project and information from Cyprus Shore’s geologist LGC Geotechnical, slope stability will be determined which will allow the City to consider placing the sewer pump station back in service and restore the storm drain. The evaluation along with design plans for the facilities will be submitted to the CCC by August 1 as a supplement to the City’s application for a Coastal Development Permit.

If the CCC approves the project in September, contracts can be considered to replace the storm drain, grade an access road to the sewer pump station electrical building and potentially install localized caissons to prevent movement of the sewer pump station and sewer line. During this interim time, staff is anticipating continued use of sewer manholes with pump watch for operation through September 2023.

City staff is currently working to complete a temporary electrical control system to place the existing sewer lift station back into service. The system will consist of the following: a temporary electrical motor control center with power from SDG&E and a backup generator to provide power in the event of a power outage. Once completed, the cost to operate using the existing wet well for storage and temporary electrical motor control system will be significantly reduced from approximately $125,000 to $14,500 per month.

The City’s current contract with O’Connell Engineering (with a principal place of business in Winchester, California) for pump watch services expires on July 29, 2023. In the next two months while staff is working to complete this temporary electrical control system to place the existing sewer lift station back into service, the current temporary emergency operations will need to continue. Staff is recommending a contract change order with the current vendor O’Connell Engineering for as needed pump watch services based on the estimated costs for rental and purchase of materials, such as, electrical equipment, piping, pumps, emergency generator and fuel to operate the temporary CITY OF SAN CLEMENTE Page 2 of 4 Printed on 7/14/2023
powered by Legistar™ 352
Meeting Date: 7/18/2023 Agenda Item: 6M
such as, electrical equipment, piping, pumps, emergency generator and fuel to operate the temporary pump station until the temporary electrical motor control center and backup generator are operational (a maximum of 62 additional days). Additionally, $3,118 needs to be included to account for the increase in prevailing wages effective July 1, 2023. Cost estimates are shown below.

Emergency Wastewater Operation Cost Estimate (July 30 - September 30) Pump, Piping and Fittings $9,200/month
K-Rail $1,100/month
Generator $11,000/month
Diesel Fuel $4,000/month
Pump Watch (O’Connell) $180,242 for 62 days
Prevailing Wage Increase (O’Connell) $ 3,118 (7/1/23-7/29/23) Contingency 10% $10,000/month
Total (Assumes two months of operation) $253,960
Emergency Wastewater Operation Cost Estimate (October 1 - March 31) K-Rail $500/month
Generator $11,000/month
Contingency 10% $3,000/month
Subtotal $14,500/month
Total (Assumes six months of operation) $87,000
Council Options:
· Adopt Resolution No. 23-70, authorizing the City Manager enter into a change order for up two months of emergency pump watch services with O’Connell Engineering and Construction, Inc. in an amount not to exceed $183,360, plus a 10% contingency, and appropriating $340,960 from the Sewer Fund Depreciation Reserve to Account No. 054-476-45300-000-12209 to fund emergency wastewater operations through March 2024.
· Modify and adopt Resolution No. 23-70.
· Continue the item with direction to staff to provide additional information.

Fiscal Impact:

Yes, $2,581,525 has been budgeted for since September 2021 for emergency bypass pump station operation. An additional 62 days of pump watch and six months of temporary electrical motor control system operation is recommended with funding from a supplemental appropriation in the amount of $340,960 from the Sewer Fund Depreciation Reserve to Account No. 054-476-45300-000-12209.

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

CITY OF SAN CLEMENTE Page 3 of 4 Printed on 7/14/2023
powered by Legistar™ 363
Meeting Date: 7/18/2023 Agenda Item: 6M
Environmental Review/Analysis:

Staff previously determined that the temporary operation of the sewer pump station qualifies for a Categorical Exemption under the California Environmental Quality Act (CEQA), Class 1 (Existing Facilities), Section 15301 of the state CEQA Guidelines.

Recommended Actions:

Staff Recommendation
STAFF RECOMMENDS THAT the City Council adopt Resolution No. 23-70, which would:

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

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

3. Approve a supplemental appropriation in the amount of $340,960 to Account Number 054-476 -45300-000-12209 from the Sewer Fund Depreciation Reserve to fund emergency wastewater operations through March 2024; and

4. Authorize the City Manager to execute, Change Order No. 07, with O’Connell Engineering and Construction, Inc. for Cyprus Shore Emergency Pump Station Bypass Operation, Project No. 12209, services through September 30, 2023 on a time and materials basis not to exceed $183,360.

Attachment:

1. Resolution No. 23-70

2. Location Map

3. O’Connell Engineering and Construction Contract Change Order No. 07

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

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

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

7. June 21, 2022 City Council Agenda Report without attachments

8. July 19, 2022 City Council Agenda Report without attachments

9. September 20, 2022 City Council Agenda Report without attachments

10.February 7, 2022 City Council Agenda Report without attachments Notification:

None.

CITY OF SAN CLEMENTE Page 4 of 4 Printed on 7/14/2023
powered by Legistar™ 374
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: December 5, 2023 Agenda Item: 7O
Department: Public Works
Prepared By Dustin Burnside, Utilities Manager
Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE A NOTICE OF COMPLETION FOR THE EMERGENCY RESERVOIR 13 ISOLATION VALVE REPLACEMENT, PROJECT NO. 24405 ..body
Fiscal Impact:

Funding for this repair, in the amount of $110,999, was provided from the Water Fund Depreciation Reserve, Valve Replacement Program, Account No. 052-466-43420-000-24405, which has a balance of $200,000 for Fiscal Year 2023-24.

Summary:

Before the Council is the acceptance of and Notice of Completion (Attachment 2) for the Emergency Reservoir 13 Isolation Valve Replacement, Project No. 24405, as shown on the Location Map (Attachment 1).

Background:

The City of San Clemente has a complex water system due to its topography. Several facilities are required to operate in unison in order to store and pressurize a reliable amount of water to provide for customer demands and meet fire flow requirements. When one of the water facilities is inoperable, it becomes urgent to make repairs to restore full system redundancy.

At Reservoir 13, the depth of the isolation valves is approximately 15 feet, which results in a more complex construction that takes more time than a normal repair, due to shoring requirements.

City staff recommended utilizing a contractor to make the repair. In order to complete the emergency repairs related to Reservoir 13, the City Council ratified an emergency contract at its October 17, 2023 meeting. The repair work consisting of excavating to the depth of 15 feet and replacing two isolation valves and a Tee, was completed on October 15, 2023 to the satisfaction of the Public Works Director. The final cost for the repair was $110,999.03, which was within the approved project budget of $111,320.

Council Options:
 Adopt Resolution No. 23-140 (Attachment 3) which would accept the completed Reservoir 13 Valve Replacement, Project No. 24405 from the Contractor, O’Connell Engineering & Construction;
 Adopt Resolution No. 23-140 with modifications.
 Continue the item with direction to provide additional information. 1 Meeting Date: December 5, 2023 Agenda Item: 7O

CITY OF SAN CLEMENTE
Environmental Review/Analysis
Before entering into the emergency contract, staff determined that this project was categorically exempt from the California Environmental Quality Act (CEQA) as it pertains to repair of already existing water facilities under Class 1 of the state CEQA Guidelines, Section 15301 – Existing Facilities. A notice of exemption was filed with the County of Orange Recorder’s Office for this project.

Recommended Actions:

Staff Recommendation ..recommendation
STAFF RECOMMENDS THAT the City Council adopt Resolution No. 23-140, which would:

1. Accept Reservoir 13 Isolation Valve Replacement, Project No. 24405 from the Contractor, O’Connell Engineering & Construction as complete;

2. Authorize the Public Works Director to execute and record the Notice of Completion for the completed Reservoir 13 Isolation Valve Replacement project; and

1. Location Map

2. Notice of Completion

3. Resolution No. 23-140

4. Staff Report dated October 17, 2023 (without attachments) Notification:

None.
2 TORO SANGRE DE

VIA NARCISO

VIA DURAZNO

PORTICO DEL SUR

BRILLANTE

JULIANA

RENALDO

VIA CALENDULA

BRILLANTE

CEPA UNO

CARTA DE PLATA
RIOJA

PENEDES

CAMINO DEL RIO

DOMADOR

ENSENADA
CADENA

EMINENCIA DEL SUR CAM DE LOS MARES

ALDEANO ALTURA

DEL CABO

ROSALINDA

ESTAMPIDA

SOMBREADO

CABALLISTA DEL SUR CERCADO VIA SAGE

GANADO FELIPE

ANABELLA

ENRIQUE

NOVILLA

ESTANCIA
HIERRO
ARREOS

CLE EMILIA VIA SAGE

VIA VIOLETA

DOMADOR

BONANZA

VACUNOESTRIBO

EMINENCIA DEL NORTE

PORTICO DEL NORTE

BONANZA

ALFORJA OBRAJERO CABALLISTA
JINETE
REBANO

VIA TULIPAN

VIA HOMBRE CAM DE LOS MARES

DEL NORTE
Reservoir 13 Isolation
Valve Replacement
PN 24405
Attachment 1

NOT TO SCALE

PROJECT

LOCATION
3 910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316
Recording Requested By:

City of San Clemente
When Recorded, Mail To:

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: Reservoir 13 Isolation Valve Replacement, Project No. 24405.

2. Street address or legal description of the project site: 3017 Eminencia Del Norte San Clemente, CA

3. Date of Completion: October 18, 2023

4. Name of owner: City of San Clemente

5. Interest or estate of owner: City of San Clemente

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

Executed on __________________________ in San Clemente, California. _________________________________
David Rebensdorf, Public Works Director
City of San Clemente
Attachment 2
4 Attachment 3
RESOLUTION NO. 23-140

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING AS
COMPLETE THE EMERGENCY RESERVOIR 13
ISOLATION VALVE REPLACEMENT, PROJECT NO. 24405
WHEREAS, on October 17, 2023, the City Council adopted Resolution No. 23- 118, which ratified an emergency construction contract with O’Connell Engineering for isolation valve replacement at Reservoir 13 in the amount of $96,800 and approved a 15% project contingency in the amount of $14,520; and
WHEREAS, the work was an emergency because the valve failure rendered Reservoir 13 non-operational; and
WHEREAS, on October 10, 2023 work began on the project; and WHEREAS, on October 18, 2023, O’Connell Engineering & Construction, Inc. completed the emergency Reservoir 13 isolation valve replacement, Project No. 24405, to the satisfaction of the Public Works Director, for a total cost of $110,999.03; and WHEREAS, on October 21, 2023, City staff was able to return Reservoir 13 to functional service.

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. The Emergency Reservoir 13 Isolation Valve Replacement, Project No. 24405, is hereby accepted from O’Connell Engineering and Construction, Inc.

SECTION 3. That the Public Works Director/City Engineer is hereby authorized and directed to execute and record the Notice of Completion for the completed Emergency Reservoir 13 Isolation Valve Replacement project.

SECTION 4. That the City Clerk is hereby authorized to release the Payment Bond for Project No. 24405 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, O’Connell Engineering and Construction, Inc.

SECTION 5. 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. 5 Resolution No. 23-140 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. 23-140 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:

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: October 17, 2023 Agenda Item: 7H
Department: Public Works/Utilities
Prepared By Dustin Burnside, Utilities Manager
Subject: le

CONSIDERATION OF A RESOLUTION RATIFYING AN EMERGENCY CONSTRUCTION CONTRACT WITH O’CONNELL ENGINEERING & CONSTRUCTION, INC. FOR THE RESERVOIR 13 ISOLATION VALVE REPLACEMENT, PROJECT NO. 24405 AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT IN AN AMOUNT NOT TO EXCEED $96,800
Fiscal Impact:

Funding for this repair, in the amount of $96,800, will be provided from the Water Depreciation Reserve Fund, Valve Replacement Program, Account No. 052-466-43420-000-24405 which has a balance of $200,000 for Fiscal Year 2023-24.

Summary:

While isolating Reservoir 13 (a one million gallon partially buried reservoir) to practice the shutdown for another scheduled water main repair, staff closed the isolation valves and verified the shutdown was successful. When staff returned to open the valves and restore the reservoir to full functionality, two critical valves broke and remained in the off position. This rendered the reservoir non-operational and necessitated an emergency repair, which began on October 3, 2023 to replace the isolation valves.

Background:

At Reservoir 13, the depth of the isolation valves is approximately 15 feet, which results in a more complex construction that takes more time than a normal repair, due to shoring requirements.

Because of this complexity, City staff recommended utilizing a contractor to make the emergency repair. In order to complete the repairs related to Reservoir 13, Utilities staff contacted three contractors that have performed similar projects for the City to request quotes, including one local contractor under the Ordinance 1750, Local Vendor Preference. O’Connell Engineering & Construction, Inc., Ferreira Coastal Construction Co., and GCI Construction, Inc. (one of the local contractors) were contacted. Of the three, O’Connell Engineering & Construction was the low bidder. The bids amounts are shown in the table below. The City Manager has the authority to approve emergency contracts and purchases when there is a need to protect public health and safety per Section 3.40.070 of the City of San Clemente Municipal Code, and an emergency 1 Attachment 4
7 Meeting Date: October 17, 2023 Agenda Item: 7H

CITY OF SAN CLEMENTE
construction contract with O’Connell Engineering and Construction, Inc. for an amount not to exceed $96,800 was prepared and work commenced.

BIDDER AMOUNT
1 O’Connell Engineering & Construction $96,800.00
2 Ferreira DBA Ferreira Coastal Construction Co.. $96,956.80 3 GCI Construction, INC. $121,500.00
Council Options:
 Adopt Resolution No. 23-118, which would ratify the emergency construction contract for the Reservoir 13 Isolation Valve Replacement, Project No. 24405 with O’Connell Engineering & Construction, Inc., in an amount not to exceed $96,800, and approving a 15% project contingency of $14,520.
 Modify and adopt Resolution No. 23-118.
 Continue the item and direct staff to provide additional information.

Environmental Review/Analysis:

Before entering into the emergency contract, staff determine that this project was categorically exempt from the California Environmental Quality Act (CEQA) as it pertains to repair of already existing water facilities under Class 1 of the state CEQA Guidelines, Section 15301 – Existing Facilities. A notice of exemption was filed with the County of Orange Recorder’s Office for this project. (See Attachment 7.)
Recommended Actions:

Staff Recommendation
Staff recommends that the City Council adopt Resolution No. 23-118, which will:

1. Make a finding that an emergency existed to protect public health and safety due to the loss of redundancy in the water distribution system which required immediate action to replace isolation valves and restore normal operation of the Reservoir 13 water storage reservoir to maintain system integrity and an abundant supply of readily available potable water and 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 competitive bidding process; and

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

3. Ratify and authorize the City Manager’s execution of the Construction Contract (Attachment 5) with O’Connell Engineering & Construction, Inc. for the needed emergency repairs for the Reservoir 13 Isolation Valve Replacement, Project No. 24405 that have already been commenced for an amount not to exceed $96,800.

4. Approve a 15% project contingency of $14,520.
..end
28 Meeting Date: October 17, 2023 Agenda Item: 7H

CITY OF SAN CLEMENTE
Attachments:

1. Resolution No. 23-118

2. Quote from O’Connell Engineering & Construction to replace Reservoir 13 isolation valves

3. Local Vendor Quote from GCI Construction

4. Quote from Ferreira Coastal Construction Co.

5. Construction Contract with O’Connell Engineering & Construction, Inc.

6. Location Map

7. CEQA Notice of Exemption Form
Notification:

None.
39 910 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: December 5, 2023 Agenda Item: 7P
Department: Public Works
Prepared By: Amir K. Ilkhanipour, Principal Civil Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE NOTICE OF COMPLETION FOR THE CALLE REAL WATERLINE IMPROVEMENTS, CIP PROJECT NO. 19516 AND APPROVE A CONTINGENCY INCREASE IN THE AMOUNT OF $30,412 ..body Fiscal Impact:

The total construction cost of $1,234,772 is within the approved project budget of $4,855,963 from the Water Fund Depreciation Reserve, Account No. 052-466-45300-000-19516.

Summary:

Before the Council is the acceptance and Notice of Completion (Attachment 2) for the Calle Real Waterline Improvements, as shown on the Location Map (Attachment 1), and approval of a contingency increase in the amount of $30,412 due to unforeseen and unmarked underground utilities.

Background:

On December 21, 2021, the City Council awarded a construction contract to Diamond Construction & Design for the Calle Real Waterline Improvements (Attachment 3). These improvements consist of replacing an existing 8-inch water line with a 12-inch water and pressure reducing station (i.e. Phase I) for increases in volume and pressure needed in advance of the upcoming improvements for the Calle Real Pump Station. The next phase of the project will increase system reliability by utilizing Reservoir 10 to serve both the Reservoir 6 and 10 zones with Calle Real and Calle Agua pump stations (i.e., Phase II).

During construction there were several unforeseen issues that required resolution. On July 19, 2022, the City Council approved a construction contingency increase for the Calle Real Waterline Improvements in the amount of $100,000 (Attachment 4). This increase was needed to compensate for additional excavation resulting from an unforeseen and unexpected depth of the existing 8-inch water line that was being replaced with a new 12-inch water line to avoid existing utilities. The Record Drawings, dated 1962, for the existing 8-inch water line was not accurate and the water line was installed at a depth of approximately seven feet, instead of the typical four feet depth. Unfortunately, potholing during design did not reveal the depth of the pipeline, which would have changed the design and project cost. In an attempt to reduce the change order costs due to the increased depth, an evaluation of slurry filling the existing 8-inch asbestos cement pipe and reducing the depth of the new 12-inch pipeline was considered. However, due to conflicts with other utilities, this option was not as feasible as removing the existing pipeline and placing the new one in the same location. An alternate horizontal alignment was also considered, but determined not feasible due to conflicts with other utilities within the street. Additionally, during construction, the Water Department requested removal and replacement of two inoperable valves 1 Meeting Date: December 5, 2023 Agenda Item: 7P

CITY OF SAN CLEMENTE
in the vicinity of the project by Diamond Construction & Design, which resulted in a change order of $22,387. Ideally, this would have been determined during design by testing the valves, but sometimes it is difficult to determine the accuracy of a shutdown if customers are using water at the time of testing.

An additional contingency increase is now being requested due to unforeseen and unmarked underground utilities (i.e., SDG&E and COX) discovered during construction. They were not marked and they are typically shown as schematic on dry utility company plans. Due to these issues, rerouting of existing utilities during excavation were performed in order to place an 8-foot deep vault (i.e., 9’x11’) in the ground, within the intersection of Calle Real and Andalucia, to house a potable water pressure reducing station. This work had to be performed immediately without any delays since the excavation was open when these issues were found. The cost was $30,412.

A summary of the total construction expenditures is provided below:

Construction Management, Inspection,
and Materials Testing $ 65,000
Construction 1,169,772
Total Project Construction cost $1,234,772
All work has now been completed to the satisfaction of the Public Works Director.

Council Options:
 Adopt Resolution No. 23-141 (Attachment 5), which would accept the completed construction work for the Calle Real Waterline Improvements, CIP Project No. 19516 and approve an increase of $30,412 to the project contingency.
 Adopt Resolution No. 23-141 with modifications.
 Continue the item with direction to provide additional information.

Environmental Review/Analysis
Acceptance and filing of a notice of completion is not a project pursuant to CEQA. The work undertaken was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction - 14 CCR §15302) of the State CEQA Guidelines.

Recommended Actions:

STAFF RECOMMENDS THAT the City Council adopt Resolution No. 23-141, which would:ommendation

1. Accept the Calle Real Waterline Improvements, CIP Project No. 19516, from Diamond Construction & Design;

2. Approve an increase to the project contingency in the amount of $30,412; 2 Meeting Date: December 5, 2023 Agenda Item: 7P

CITY OF SAN CLEMENTE

3. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the completed Calle Real Waterline Improvements; and

4. 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, Diamond Construction & Design. ..recommendation
..end
Attachment:

1. Location Map

2. Notice of Completion

3. Staff Report dated December 21, 2021

4. Staff Report dated July 19, 2022

5. Resolution No. 23-141
Notification:

None.
3 VIA DEL CAMPO

IA MANZANA

CLE CASINO

VIA DEL CAMPO

CLE REAL

CLE ANDALUCIA
CLE

PASEO PEREGRINO

CLE JUANITA
CETRO

CLE PLUMA

CLE CAMISA

CLE LIMA

CLE ABRIL

CLE BIENVENIDO

VIA MANZANA CLE MAYO

CLE GOMERO
Attachment 1

PROJECT

LOCATION

NOT TO SCALE
Calle Real Waterline
Improvements
PN 19516
4 City of San Clemente
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316

LOCATION MAP
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: Calle Real Water Line Improvements, CIP Project No. 19516

2. Date of completion: August 24, 2023

3. Street address or legal description of the project site: Within Calle Real, between Via Manzana and Calle Andalucia, San Clemente, CA 92672

4. Name of owner: City of San Clemente

5. Interest or estate of owner: City of San Clemente public right-of-way

6. Address of owner: 910 Calle Negocio, San Clemente, CA 92673 Name and address of contractor: Diamond Construction & Design, 10921 N. Harbor Blvd. #622, La Habra, CA 90631
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. _____________________________________________
David Rebensdorf, Public Works Director/City Engineer
City of San Clemente
Attachment 2
5 ATTACHMENT 3
6 Agenda Item d
Approvals:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETI NG
Meeting Date: December 21, 2021
City Manager ~
Dept. Head y--
Attorney --- Finance .{i~
m::r::mlllillll-llllllllllllllDlllllllil:D:imillll&lll&llllilllllilllalllliBll:Zlllml':IIIIIZll:llilllilll-12111111aallm:illmllillillllilllllmallllilillilli&!lllliiliBa Department:

Prepared By:

Subject:

Public Works / Engineering Division
Amir K. llkhanipour, Senior Civil Engineer

CONSTRUCTION CONTRACT AWARD TO DIAMOND CONSTRUCTION & DESIGN FOR THE CALLE REAL WA TERL/NE IMPROVEMENTS, C/P PROJECT No. 19516.

Fiscal Impact: Yes. The estimated total construction cost of $846,974 is within the approved project budget of $4,827,630 available from the Calle Real Pump Station Rehabilitation , GIP Project No, 19516.

Summary: Staff recommends approval of a construction contract with Diamond Construction & Design in the amount of $846,974 for the Calle Real Waterline Improvements.

Background: Currently, Calle Real Pump Station conveys water to Reservoir No. 6. and the pump station has met its useful life and is in need of replacement. The station will be upgraded with new equipment to support operational changes in the water distribution system . The upgraded station will pump water to Reservoir No. 10 since Reservoir No. 6 is planned to be removed from service.

The upgraded system will provide system red undancy for improved reliability in the event of an unplanned outage. Prior to upgrading the pump station (Phase II), the existing 8-inch discharge waterline within Calle Real has to be replaced with a 12-inch waterline and a pressure reducing valve (PRV) needs to be constructed (Phase I) in order to meet the operational water pressure requirements . Construction of Phase I water line and PRV improvements will facilitate the construction of Phase II pump station by providing customers with a source of water from Reservoir 10 while the pump station is under construction.

A bid package was advertised for public bidding and bids were received on October 27, 2021 , ranging from $846,974 to $1 ,202,243, as shown on Attachment 2. The lowest responsive bidder was Diamond Construction & Design , La Habra, California with a total bid of $846,974. Based on the low bid, construction costs are estimated as fol lows:

Construction Contract
Construction Management, Administration
Soil testing and Inspection
Project Contingency (20%)
Total Estimated Construction Costs
Public Works Agenda Report
$ 846,974
100,000
170,000
$1,116,974
12-21-21 / 6G-1
7 Agenda Report
Recommended
Page2
As required by City Policy and State Law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 3). A warranty bond will also be required prior to City Council acceptance of the project. Project plans and specifications are on file in the City Clerk's office.

Action: Staff Recommends That the City Council:

1. Approve the Plans and Specifications for the Calle Real Waterline Improvements, CIP Project No. 19516; and

2. Approve and authorize the Public Works Director to execute Contract No. by and between the City of San Clemente and Diamond
Construction & Design, in the amount of $846,974, for the Calle. Real Waterline Improvements, CIP Project No. 19516.

Attachments: 1.

2. 3.

Location Map
Bidders' List
Contract without attachments
Notincation: None.
s:\cd\englneerlng\secure\admln\2021 \12-21-21 \12-21-21-1 r .dOClC 12-21-21 / 6G-2
8 ---7
I
Attachment 1
9 N
...,
C
'"-__/ ',-...._ .,/
E Bid Results for Calle Real Waterline Improvements Project (PN 19516) .c Issued on 09/23/2021
Bid Due on October 27, 2021 2:00 PM (PDTI
Contractor Name Address City
Diamond Construction & 921 N. Harbor Blv#622 La Habra
Desion
GCI Construction, Inc. 1031 Calle Recode, Suite D San Clemente PALP dba Excel 2230 Lemon Ave. Long Beach
Ferreira Construction Co., 10370 Commerce Center Drive Rancho Cucanio Inc. Suite 8200
Dominguez General 11096 Pipeline Ave Pomona
Enaineering Inc.

T.E. Roberts, Inc. 306 W. Katella Avenue Orange
Unit B
State Zip Code
CA 90631
CA 92673
CA 90806 CA 91730
CA 91766 CA 92867
Bid Amount Format
$846,974.03 Electronic $925,996.75 Electronic $943,100.00 Electronic $1,001,220.00 Electronic
$1,125,675.00 Electronic
$1,202,243.00 Electronic
'-.___/
,.

C)
<O
.....

N
I
.....

N
I
N
.....
10 SECTION 00500

CONTRACT
Attachment 3
THIS CONTRACT is made this __ day of ____ , 2021, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and Diamond Construction & Design, 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:

CALLE REAL WATERLINE IMPROVEMENTS, PROJECT NO.19516
The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor's failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City's Notice to Proceed. The Contractor shall complete all Work required by· the Contract Documents within 130 working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. •
ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Eight Hundred Thousand Forty Six- and Nine Hundred Seventy Four Dollars ($846,974). Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of $1,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid,. the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

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

Notice Inviting Bids
Instructions to Bidders
Bid Form
Contractor's Certificate Regarding Workers' Compensation 12-21-21 / 6G-5
11 Bid Bond
Designation of Subcontractors
Information Required of Bidders
Noncollusion Declaration form
Iran Contracting Act Certification
SECTION 00500

CONTRACT
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 Contact.or 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 canply with all requirements of applicable federal, state and locaUaws, rules and regulations, including, but not limited to, the provisions of the California Labor Code .and California Public Contract Code which are applicable to this Project.

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

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

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
12-21-21 / 6G-6
12 SECTION 00500

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

ATTEST:

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

BEST BEST & KRIEGER
City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:

Finance Authorization

CITY OF SAN CLEMENTE
By: ____________ _
Its: ..... ___________ _
Dated: ________ , 20
("CONTRACTOR")
By:_·-----------
Its: ------------
bated: _______ , 20 __

END OF CONTRACT
12-21-21 / 6G-7
ATTACHMENT 4
13 ~ , ..'.)...
!::: :,, '• ~ u : -='~ CT)
C'4l~;;~~,ttAGENDA REPORT

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

City Manager 4$ ~ Dept. Head ;,,ir:,-
C~-,- Attorney u ~~
Finance ~
----------------------------
Department:

Prepared By:

Subject:

Fiscal Impact:

Summary:

Background:

Public Works / Engineering Division
Amir K. llkhanipour, Principal Civil Engineer

CONSTRUCT/ON CONTINGENCY INCREASE FOR THE CALLE REAL WATERLINE IMPROVEMENTS, GIP PROJECT No. 19516
Yes. The available project budget from the Water Depreciation Reserve Fund is $3,762,631 . The requested increased contingency amount of $100,000 is within the available budget for Phase II of the project. The total estimated project costs for this phase is increased from $1,116,947 to $1 ,216,947.

Additional funding may be needed for Phase II depending upon the construction bids that will be brought back to the City Council at the time of project award.

Staff recommends approval of the increased contingency for the Calle Real Waterline Improvements.

On December 21, 2021 , City Council awarded a construction contract to Diamond Construction & Design for the Calle Real Water Line Improvements (Attachment 2). This project consists of replacement of the existing 8-inch waterline with a 12-inch pipe due to the increased water pressure and capacity to serve Reservoir 10 service area and construction of a pressure reducing station valve within Calle Real, in advance of the upcoming improvements of the Calle Real Pump Station (i.e. Phase II improvements). This current project and the upcoming future improvements will upgrade and increase the reliability of the water system network in this area.

The replacement method required the existing 8-inch pipe to be removed and the new 12-inch pipe be installed at the same exact location of the 8-inch pipe ensuring a constant grade that would not conflict with other existing underground utilities. During construction , it was discovered that the depth of the existing 8-inch pipe was approximately 3 feet deeper than the depth shown on the record drawings and pothole information. This unforeseen and unexpected discovery caused additional excavation and removal, shoring due to deeper excavation , additional backfill and almost doubling the time to complete the waterline installation.

The original approved contingency by the City Council was $170,000 (i.e. 20%), with $60,000 having already been spent at this time. The anticipated cost for the additional unforeseen work is about $210,000. The construction will take longer than originally expected and there may be additional unexpected costs.

Public Works Agenda Report
7-19-22 / 4T-1
14 Agenda Report Page 2
Therefore, staff recommends approval of an increase in the contingency in the amount of $100,000 for the project.

Recommended
Action: Staff Recommends That the City Council: Approve a $100,000 increase in construction contingency for the Calle Real Water Line Improvements, GIP Project No. 19516.

Attachments: 1. Location Map

2. Staff Report Dated December 21, 2021 (without attachments) Notification: None.
s:lcdlengineering\secureladmin\202217-1919r\7-19-22-9r.docx 7-19-22 I 4T-2
15 Attachment 1
~- PROJECT

LOCATION
7-19-22 / 4T-3
16 Attachment 2 r ( /\
Agenda Item ~
Approvals;
AGENDA REPORT City Manager ~

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: December 21 , 2021
Dept Head /~
Attorney ---
Finance .{(V ~~~~~~~~~~~~~!!t;l:--~-. ~~mmm~~~Em~ imii!~~m Department:

Prepared By:

Subject:

Public Works/ Engineering Division
Amir K. llkhanipour, Senior Civil Engineer

CONSTRUCTION CONTRACT AWARD TO DIAMOND CONSTRUCT/ON & DESIGN FOR TH£ CALLE REAL WATERLINE IMPROVEMENTS, GIP PROJECT No. 19516.

Fiscal Impact: Yes . The estimated total construction cost of $846,974 is within the approved project budget of $4,827,630 available from the Calle Real Pump Station Rehabilitation, CIP Project No, 19516.

Summary: Staff recommends approval of a construction contract with Diamond Construction & Design in the amount of $846,974 for the Calle Real Waterline Improvements.

Background: Currently, Calle Real Pump Station conveys water to Reservoir No. 6. and the pump station has met its useful life and is in need of replacement. The station will be upgraded with new equipment to support operational changes in the water distribution system. The upgraded station will pump water to Reservoir No. 10 since Reservoir No. 6 is planned to be removed from service.

The upgraded system will provide system redundancy for improved reliability in the event of an unplanned outage. Prior to upgrading the pump station (Phase II), the existing 8-inch discharge waterline within Calle Real has to be replaced with a 12-inch waterline and a pressure reducing valve (PRV) needs to be constructed (Phase I) in order to meet the operational water pressure requirements. Construction of Phase I water line and PRV improvements will facilitate the construction of Phase 11 pump station by providing customers with a source of water from Reservoir 10 while the pump station is under construction .

A bid package was advertised for public bidding and bids were received on October 27, 2021 , ranging from $846,974 to $1 .-202,243, as shown on Attachment 2. The lowest responsive bidder was Diamond Construction & Design, La Habra, California with a total bid of $846,974. Based on the low bid, construction costs are estimated as follows:

Page 2 ends

As required by City Policy and State Law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 3). A warranty bond will also be required prior to City Council acceptance of the project. Project plans and specifications are on file in the City Clerk's office.

Action: Staff Recommends That the City Council:

1. Approve the Plans and Specifications for the Calle Real Waterline Improvements, CIP Project No. 19516; and

2. Approve and authorize the Public Works Director to execute Contract No. ___ , by and between the City of San Clemente and Diamond Construction & Design, in the amount of $846,974, for the Calle. Real Waterline Improvements, CIP Project No. 19516.

Attachments: 1. Location Map

2. Bidders' List

3. Contract without attachments
Notification: None.
s:\cd\englneerlng\secure\admin\2021\12-21-21 \12-21-21-1 r .docK 12-21-21 / 6G-2
7-19-22 / 4T-5
I
r
\
ATTACHMENT 5
4882-9904-3949 v1
RESOLUTION NO. 23-141

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING AND FILING

NOTICE OF COMPLETION FOR THE CALLE REAL
WATERLINE IMPROVEMENTS, CIP PROJECT NO. 19516;

AND APPROVING A PROJECT CONTINGENCY INCREASE
IN THE AMOUNT OF $30,412
WHEREAS, on December 21, 2021, the City Council awarded a construction contract to Diamond Construction & Design for the Calle Real Waterline Improvements, CIP Project No. 19516; and
WHEREAS, these improvements consisted of replacing an existing 8-inch water line with a 12-inch water line in advance of the upcoming improvements for the Calle Real Pump Station; and
WHEREAS, on July 19, 2022, the City Council approved a construction contingency increase for the Calle Real Waterline Improvements in the amount of $100,000, due to additional excavation and extra depth of the existing 8-inch water line that was being replaced with a new 12-inch water line; and WHEREAS, during construction, two inoperable water valves were requested to be removed by the Water Department by Diamond Construction & Design in the vicinity of the project; and
WHEREAS, also during construction, unforeseen and unmarked underground utilities were discovered. An additional rerouting of existing utilities and excavation was performed in order to place a large vault (i.e. 9’x11’) in the ground, within the intersection of Calle Real and Andalucia, to house a potable water pressure reducing station. This work had to be performed immediately without any delays and the cost was $30,412; and
WHEREAS, the total project construction costs were $1,234,772; and WHEREAS, the project has now been completed to the satisfaction of the Public Works Director.

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 work performed by Diamond Construction & Design for the Calle Real Water Line Improvements, CIP Project No. 19516, is hereby accepted as complete.
18 Resolution No. 23-141 Page 2
4882-9904-3949 v1
SECTION 3. That an increase to the contingency for CIP Project No. 19516 in the amount of $30,412 is hereby approved.

SECTION 4. That the Public Works Director/City Engineer is authorized and directed to execute and record a Notice of Completion for the Calle Real Water Line Improvements, CIP Project No. 19516.

SECTION 5. That the City Clerk is authorized and directed to release the Payment Bond for CIP Project No. 19516 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against Diamond Construction & Design.

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
19 Resolution No. 23-141 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. 23-141 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:

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: December 5, 2023 Agenda Item: 7Q
Department: Public Works
Prepared By Masako Hennequin, Associate Civil Engineer
Subject:

CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE A NOTICE OF COMPLETION

FOR THE STREET IMPROVEMENTS FOR CALLE DEL CERRO FROM AVENIDA PICO TO AVENIDA LA PATA, CIP PROJECT NO. 12306
Fiscal Impact:

The total construction cost of $851,567 is within the approved construction budget of $951,000.

Summary:

Before the City Council is a Resolution and Notice of Completion for the Street Improvements for Calle Del Cerro from Avenida Pico to Avenida La Pata, as shown on the Location Map (Attachment 2).

Background:

On October 18, 2022, the City Council awarded a construction contract to L.C. Paving and Sealing, Inc. for the Street Improvements for Calle Del Cerro from Avenida Pico to Avenida La Pata. The project included asphalt replacement, slurry sealing, replacing concrete curb and gutter, striping, construction of new sidewalk, and stop signs with flashing beacons at the intersection of Calle Del Cerro and Avenida Vista Montana to rehabilitate pavement and improve safety for bicyclists and pedestrians.

Project cost summary is as follows:

Construction $786,116
Construction Management and Inspection $65,451
Total Project Construction Cost $851,567
Council Options:
 Adopt Resolution No. 23-142, which would accept the completed Street Improvements on Calle Del Cerro from Avenida Pico to Avenida La Pata, CIP Project No. 12306.  Modify and adopt Resolution No. 23-142.
 Continue the item with direction to provide additional information.

Environmental Review/Analysis:
1 Meeting Date: December 5, 2023 Agenda Item: 7Q

CITY OF SAN CLEMENTE
This project was previously determined 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
Staff recommends that the City Council Adopt Resolution No. 23-142, which will:

1. Accept the Street Improvement for Calle Del Cerro from Avenida Pico to Avenida La Pata, CIP Project No. 12306, from L.C. Paving and Sealing, Inc.

2. Authorize the Public Works Director to execute and record the Notice of Completion for Street Improvement for Calle Del Cerro, CIP Project No. 12306.

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 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.
..end
Attachment:

1. Resolution No. 23-142

2. Location Map

3. Notice of Completion

4. Staff Report dated October 18, 2022 (without attachments) Notification:

None.
2 Attachment 1
RESOLUTION NO. 23-142

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING AS

COMPLETE THE STREET IMPROVEMENTS FOR CALLE

DEL CERRO FROM AVENIDA PICO TO AVENIDA LA PATA
(CIP PROJECT NO. 12306)
WHEREAS, on October 18, 2022, the City Council awarded a construction contract to L.C. Paving and Sealing, Inc. for Street Improvements for Calle Del Cerro from Avenida Pico to Avenida La Pata, CIP Project No. 12306; and
WHEREAS, the work consisted of various types of street maintenance, the modification of street striping to add class II bike lanes, and installing sidewalk, cross walk, all-way stop signs with flashing beacons at the intersection of Calle Del Cerro and Avenida Vista Montana (east); 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 Street Improvements for Calle Del Cerro from Avenida Pico to Avenida La Pata (CIP Project No. 12306).

Section 3. That the City Council authorizes the Public Works Director to execute and the City Clerk to record a Notice of Completion for CIP Project No. 12306.

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 Resolution No. 23-142 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. 23-142 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:

AVE LA PATA

PUERTA DEL SOL

VIA SONRISA

CL MARAVILLA

VIA COCO

CM KATIA
CHICO
CL SOL

VIA ESPIRITU

VIA PACIFICA

AVENIDA MERIDA

AVE PICO

VIA PRESA

AVE VISTA MONTANA

GURREGO

EL BERRO

AVE OSSA

EL VUELO

BOLIVIA

PASEO PINTO

DEL DIOS

LOMA ADRIA

ZORRO VISTA

EL CIRCULO

LA FREMONTIA
FUTURA

LA SALLE

FIGUEROA

RIO LINDO

EL CHICO

CARNAROS CHAPITAL

VIA PALACIO

CL CARACAS

PLAZA FLORA

VIA ASALEA CL PARADISO

CL EMPALME CL MIGUEL

AVE PRESIDIO

CL ESCUELA CL FIESTA CL NEBLINA

DEL JUEGO

CL SALIDA

CL SANDIA

CL EMPALME

CL DEL CERRO

MARACAY

OPTIMO ST

AVE VISTA MONTANA

BURRIANA

CARTAGENA

SEGOVIA

CL DEL CERRO

CL PESCADOR

CL VILLARIO

CL DORADO

CL FELICIDAD

AVE SALVADOR

CL FAMILIA

CL DELICADA

CL PUEBLO

CL ROBLES CL FAMILIA

CL MENDOZA

AVE PRESIDIO

MONTILLA

CL AGUILLA

CL AMANECER

CL NEGOCIO
LORCA

VIA OTONO VIA NUBLADO

CL VENEZIA

VIA UMBROSO CM IBIZA

VIA AMENO

VIA DE ANGELES

AVE TRANQUILA

VIA VISALIA

AVE DE VERDES

CL SOMBRA CL RECODO

CL TREPADORA

VIA ZARAGOZA

VIA LA MISSION

VIA SANTA MARIA

FINCA ST

CM SAN JOSE

CL PASTADERO
(G ST)
CL
(L ST)
(K ST) GEMA ST

FINCA ST
(J ST)ALBERGAR ST

CL PINTORESCO

CL IGLESIA

CL IGLESIA
(H ST)
(I ST)

CL IGLESIA

VIA CALLEJON

VIA SONRISA

AVE VISTA MONTANA
CL SOL

CL PASTADERO
FRESNO

VIA PRESA
CM

PASEO VISTA

PASEO ROSA

PASEO DEL REY

AVE PICO AVE VISTA HERMOSA

THE COURTYARDS

CL MIGUEL

CL CORDILLERA

CL AMANECER

CL FIESTA CL NEBLINA

CL PUEBLO

CL FAMILIA CL DELICADA
LADERA

PUERTO CARAVACA

PUERTO ROYAL

PUERTO MORANT

VALDEMO
PUERTO

VILLAGIO VIA

CL VENEZIA

AVE DE NOGALES

CRESCENTA
AVE

C I T Y O F S A N C L E M E N T E
910 CL Negocio, Suite 100
San CLEMENTE, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316

LOCATION MAP
i:\cd\engineering\secure\projects\pn 12306 - del cerro trees and slurry\06-admin reports\pn12306 calle del cerro location map.dwg 1.24.2022 5 ATTACHMENT 1
STREET IMPROVEMENT FOR CALLE DEL CERRO FROM AVE.

PICO TO AVE. LA PATA
Project No. 12306

Page 1 of 1 ends

Attachment 3
Recording Requested By:

City of San Clemente
When Recorded, Mail To:

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: Street Improvement for Calle Del Cerro from Avenida Pico to Avenida La Pata, CIP Project No. 12306.

2. Date of completion: September 28, 2023.

3. Street address or legal description of the project site: Calle Del Cerro from Avenida Pico to Avenida La Pata.

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.

Executed on __________________________ in San Clemente, California. _________________________________
Dave Rebensdorf, Public Works Director / City
Engineer
City of San Clemente
6 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 10/18/2022 Agenda Item: 4D
Department: Public Works
Prepared By: Masako Hennequin, Associate Civil Engineer Subject:

APPROVAL OF CONSTRUCTION CONTRACT FOR STREET IMPROVEMENT ON CALLE DEL CERRO, CIP PROJECT NO. 12306 WITH L.C.PAVING & SEALING, INC.

Fiscal Impact:

Yes. The estimated total project cost of $951,000 exceeds the approved budget amount of $870,000 from the street improvement fund (Account Number 042-848-45300-000-12306). A supplemental appropriation of $81,000 is needed from the undesignated Street Improvement Fund balance.

Summary:

Staff recommends approval of a construction contract with L.C. Paving & Sealing, Inc. in an amount not to exceed $792,396 for street improvement for Calle Del Cerro, Project No. 12306, and approval of a supplemental appropriation in the amount of $81,000 from the undesignated Street Improvement Fund balance.

Background:

The total approved project budget was $1,500,000. The first phase of the project included removing diseased/dead trees and replanting. Phase II of the project includes pavement rehabilitation and street improvements on Calle Del Cerro. This phase includes grinding and overlaying, asphalt removal and replacement, slurry sealing, replacing concrete curb and gutter and median curb, adjusting utility covers and installing signs and striping on Calle Del Cerro from Avenida Pico to Avenida La Pata. (See Location Map on Attachment 1).

Discussion:

Bids were opened on September 15, 2022; the results of which are presented on the attached Bidder’s Listing (Attachment 2). Bids ranged from $792,396 to $1,225,000.

Project cost summary is as follows:

Construction $792,396
Construction Design, Management & Inspection (approx. 10%) 79,240 Project Contingency (approx. 10%) 79,240
Estimated Total Project Cost (rounded up) $951,000
Plan and Policy Consistency:

The project is consistent with the following General Plan Goals and Policies:
· Urban Design- Maintenance Goal. Achieve a sustained level of maintenance and improvement of properties, buildings, landscaping and infrastructure that protects property values.

CITY OF SAN CLEMENTE Page 1 of 2 Printed on 10/10/2022
powered by Legistar™ 1
ATTACHMENT 4
7 Meeting Date: 10/18/2022 Agenda Item: 4D
of properties, buildings, landscaping and infrastructure that protects property values.

Encourages additional public and private investments and promotes San Clemente’s high quality of life.
· Policy UD-4.06. Maintenance of Infrastructure and Public Realm. As resources allow, we maintain and where appropriate, improve infrastructure and the public realm, including landscaping, sidewalks, signage, furniture and other streetscape elements.

The project is consistent with the FY 2022-23 Annual Budget and Capital Improvement Program (CIP) in that the project is an approved CIP project.

Council Strategy:

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

Recommended Actions:

Staff Recommendation
STAFF RECOMMENDS THAT THE CITY COUNCIL:

1. Approve the plans and specification for Street Improvement for Calle Del Cerro, Project No. 12306.

2. Approve a supplemental appropriation in the amount of $81,000 from the Street Improvement Undesignated Fund balance to Account No. 042-848-45300-000-12306.

3. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. ___, by and between the City of San Clemente and L.C. Paving & Sealing, Inc., providing for Street Improvement for Calle Del Cerro, in the amount of $792,396.

Attachment:

1. Location Map

2. Bidders List

3. Contract
Notification:

None
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 10/10/2022
powered by Legistar™ 28
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: December 5, 2023 Agenda Item: 7R
Department: Public Works
Prepared By: Amir K. Ilkhanipour, Principal Civil Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE NOTICE OF COMPLETION FOR THE AVENIDA MONTALVO CANYON AND TRAIL IMPROVEMENT, CIP PROJECT NO. 16004; AND RATIFY AN EMERGENCY CONSTRUCTION CONTRACT WITH DIAMOND CONSTRUCTION & DESIGN IN THE AMOUNT OF $59,194 ..body
Fiscal Impact:

The total construction cost of $336,494 includes emergency contract work in the amount of $59,194 and is within the approved project budget of $453,770 from the Local Drainage Facilities Fund, Account No. 033-832-45300-000-16004.

Summary:

Before the Council is a resolution and Notice of Completion for the Avenida Montalvo Canyon and Trail Improvement project, as shown on the Location Map (Attachment 1), and the ratification of an emergency construction contract with Diamond Construction & Design for extra work that has already been performed in the amount of $59,194.

Background:

On February 7, 2023, the City Council awarded a construction contract to Diamond Construction & Design, in the amount of $180,000, for the Avenida Montalvo Canyon and Trail Improvement (Attachment 3) to install gabion baskets to prevent erosion of the bluff and the construction of a sidewalk for improving public access. The approved project contingency was $27,000 (i.e., 15%).

Construction of the project did not commence until after Labor Day due to wet weather continuing well into the spring, delays in receiving materials and a requirement by the California Coastal Commission to not construct during the summer. The optimal construction start and finish dates for construction adjacent to the coastal bluff is weather dependent and due to the rainfall continuing well into the spring, the project was delayed until after Labor Day. Regardless of the optimal timing, the project proceeded to avoid further erosion at the toe of the vertical tall bluff with potential failure before the next winter of 2024.

During construction, the contractor experienced excessive ground water caused by the well above average monthly rainfall, Pacific Ocean high tide surges into the work area, and soil instabilities in the creek bed. Four-foot footing trenches that typically do not need any shoring and protection were not holding up and needed forms, requiring additional materials and labor. It was an unusual circumstance for the soil to have that much moisture in it since construction commenced after Labor Day.
1 Meeting Date: December 5, 2023 Agenda Item: 7R

CITY OF SAN CLEMENTE
The extra work exceeded the authorized contingency of $27,000 for a total of $86,194. Due to the sensitive nature of the construction at the base of a vertical coastal bluff and to protect property and public safety, construction could not be delayed. This necessitated the execution an emergency construction contract (Attachment 4) with Diamond Construction & Design for $59,194 to accomplish the additional work that was needed.

A summary of the total construction expenditures is provided below:

Construction Management, Inspection
and materials testing $ 70,300
Emergency Contract Work 59,194
Construction 207,000
Total Project Construction cost $336,494
The project has now been completed to the satisfaction of the Public Works Director.

Council Options:
 Adopt Resolution No. 23-143 (Attachment 5), which would accept the completed construction work for the Avenida Montalvo Canyon and Trail Improvement, CIP Project No. 16004 and ratify the emergency construction contract with Diamond Construction & Design.  Adopt Resolution No. 23-143 with modifications.
 Continue the item with direction to provide additional information.

Recommended Actions:

STAFF RECOMMENDS THAT the City Council adopt Resolution No. 23-143, which would:

1. Making a finding that an emergency existed due to the potential failure of the bluff where the installation of the gabion baskets and construction of the sidewalk at Montalvo Canyon was occurring that required immediate action to prevent or mitigate impairment to property and public safety that might otherwise occur if the City had been required to incur delays attributed to typical competitive bidding process for the additional work;

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

3. Ratify entry into the emergency construction contract with Diamond Construction & Design for the Avenida Montalvo Canyon and Trail Improvement, CIP Project No. 16004, in the amount of $59,194 for the extra emergency work that was performed and authorize the City Manager to execute that contract;
2 Meeting Date: December 5, 2023 Agenda Item: 7R

CITY OF SAN CLEMENTE

4. Accept the Avenida Montalvo Canyon and Trail Improvement, CIP Project No. 16004, from Diamond Construction & Design;

5. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the completed Avenida Montalvo Canyon and Trail, CIP Project No. 16004; and

6. 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, Diamond Construction & Design. ..recommendation
..end
Attachment:

1. Location Map

2. Notice of Completion

3. Staff Report dated February 7, 2023

4. Emergency Construction Contract with Diamond Construction & Design

5. Resolution No. 23-143
Notification:

None.
3 5
AVE. PICO

EL CAMINO REAL

PACIFIC

OCEAN CITY BOUNDARY

CAMP PENDLETON
INTERSTATE 5
AVE. VISTA HERMOSA AVE. LA PATA
CM. DEL RIO
CM. DE LOS MARES
CLE. DEL CERRO
Montalvo Canyon and
Trail Improvements

NOT TO SCALE
PN 16004

PROJECT

LOCATION

MONTALVO
CANYON

WATERSHED
Attachment 1
34 910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316
Recording Requested By:

City of San Clemente
When Recorded, Mail To:

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: Avenida Montalvo Canyon and Trail Improvement, CIP Project No. 16004

2. Date of completion: November 9, 2023

3. Street address or legal description of the project site: Avenida Montalvo, Montalvo Canyon, San Clemente, CA 92672

4. Name of owner: City of San Clemente

5. Interest or estate of owner: Storm Drain Easement

6. Address of owner: 910 Calle Negocio, San Clemente, CA 92673 (Easement Holder) Name and address of contractor: Diamond Construction & Design, 10921 N. Harbor Blvd. #622, La Habra, CA 90631
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.

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: 6G
Department: Public Works
Prepared By: Amir K. Ilkhanipour, Principal Civil Engineer Subject:

CONSTRUCTION CONTRACT AWARD TO DIAMOND CONSTRUCTION FOR THE AVENIDA MONTALVO CANYON AND TRAIL IMPROVEMENT, CIP PROJECT NO. 16004 Fiscal Impact:

The estimated construction cost of $289,600 is within the available approved project budget of $495,656 from the Local Drainage Facilities Fund, CIP Project No. 16004.

Summary:

Staff recommends approval of a construction contract with Diamond Construction in the amount of $180,000 for the Avenida Montalvo Canyon and Trail Improvement.

Background:

Montalvo Canyon drains an area of approximately 360 acres of a watershed in the southwest portion of the City, as shown on Attachment 1. The outlet near the ocean has experienced some erosion issues and needs improvements to prevent further erosion of the bluff. Engineering consultants performed sediment and hydrological studies and have recommended the installation of gabion baskets that provide the least environmental impact for erosion control.

Prior to construction, environmental permits had to be secured with the Regional Water Quality Control Board (RWQCB), Army Corps of Engineers, California Department of Fish and Game and a Coastal Development Permit (CDP) from the California Coastal Commission. As part of the permit from RWQCB, the City is required to purchase a mitigation credit in the amount of $24,600 from the San Luis Rey Mitigation Bank for the project’s impacts of 0.04 acre. The CDP has also required the City to perform and maintain (for 5 years) 0.13 acres of habitat restorations in the vicinity of the project per a Habitat Management Plan, upon completion of the project. Staff will solicit bids for this habitat restoration work and will return to the City Council for contract approval at a later time.

The construction bid package was advertised for competitive bidding on the PlanetBids website. Six bids were received on January 17, 2023, ranging from $180,000 to $656,230, as shown on Attachment 2. The lowest responsive bidder was Diamond Construction of La Habra, California at $180,000. Generally, the construction management and inspection cost is approximately 10% of the construction. However, since full-time monitoring for 60 working days is required, the construction management and inspection cost exceeds the typical 10%. The construction management and inspection services are provided by PdM Consulting, Inc., one of the consultants from the City’s Oncall Engineering Services list.

Based on the low base bid, the construction and mitigation cost is estimated as follows:

CITY OF SAN CLEMENTE Page 1 of 2 Printed on 1/31/2023
powered by Legistar™ 16
Meeting Date: 2/7/2023 Agenda Item: 6G
Purchasing Mitigation Credit for Project $ 24,600
Construction Management, Administration 58,300
Construction Contract 180,000
Contingency (15%) 27,000
Total Estimated Construction Costs $289,900
As required by City Policy and State Law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 3). Project plans and specifications are on file in the City Clerk's Office.

Recommended Actions:

Staff Recommendation

1. Approve the Plans and Specifications for the Avenida Montalvo Canyon and Trail Improvement, CIP Project No. 16004;

2. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C23- 05, by and between the City of San Clemente and Diamond Construction, in the amount of $180,000, for the Avenida Montalvo Canyon and Trail Improvement, CIP Project No. 16004; and

3. Approve, and authorize the Public Works Director/City Engineer to execute, Agreement For Sale of Mitigation Credits San Luis Rey Mitigation Bank by and between the City of San Clemente and Wildlands SLR Holdings I, LLC., in the amount of $24,600, for the Avendia Montalvo Canyon and Trail Improvement, CIP Project No. 16004 Attachment:

1. Location Map

2. Bidders' List

3. Draft Diamond Construction Contract (without attachments)

4. Draft Agreement for Sale of Mitigation Credits
Notification:

None.

CITY OF SAN CLEMENTE Page 2 of 2 Printed on 1/31/2023
powered by Legistar™ 27
5 AVE. PICO

EL CAMINO REAL

PACIFIC

OCEAN CITY BOUNDARY

CAMP PENDLETON
INTERSTATE 5
AVE. VISTA HERMOSA AVE. LA PATA
CM. DEL RIO
CM. DE LOS MARES
CLE. DEL CERRO
Montalvo Canyon and
Trail Improvements

NOT TO SCALE
PN 16004

PROJECT

LOCATION

MONTALVO
CANYON

WATERSHED
Attachment 1
38 910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316
City of San Clemente
Bid Results for Project AVENIDA MONTALVO CANYON AND TRAIL IMPROVEMENTS, Project No. 16004 (Project No. 16004) Issued on 12/22/2022Bid Due on January 17, 2023 2:00 PM (PST) Vendor Name Address City State Zip Bid Amount Format
Diamond Construction 921 N Harbor blv #622 La Habra CA 90631 $180,000.00 ElectronicGCI Construction, inc. 1031 Calle Recodo, Suite D San Clemente CA 92673 $386,589.00 ElectronicWright Construction Engineering Corp 2625 S Santa Fe Ave San Marcos CA 92069 $389,996.25 Electronic Zusser Company, Inc. 528 Palisades Drive Suite 504 Los Angeles CA 90272 $457,440.00 ElectronicR E Schultz Construction, Inc. 1767 N. Batavia Orange CA 92865 $494,140.00 ElectronicJilk Heavy Construction, Inc. 500 S Kraemer Blvd., Suite 380 Brea CA 92870 $656,230.00 Electronic Attachment 2
49 DRAFT
55452.01510\32905704.2 CONTRACT

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 Diamond Construction, hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

AVENIDA MONTALVO CANYON AND TRAIL IMPROVEMENTS, PROJECT NO. 16004 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 sixty (60) Working Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Hundred Eighty Thousand Dollars
($180,000). Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of $1,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

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

Notice Inviting Bids
Instructions to Bidders
Bid Form
Attachment 3
105
DRAFT
SECTION 00500

CONTRACT
55452.01510\32905704.2 CONTRACT
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Noncollusion Declaration form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

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

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

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

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures. 116
DRAFT
SECTION 00500

CONTRACT
55452.01510\32905704.2 CONTRACT

CITY OF SAN CLEMENTE
By:_______________________________
ATTEST: Its:_______________________________
______________________________ Dated: ____________________, 20____ CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

BEST BEST & KRIEGER
____________________________
City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization
__________________________
(“CONTRACTOR”)
By:_____________________________
Its:_____________________________
Dated: __________________, 20____

END OF CONTRACT
127
DRAFT
1 AGREEMENT FOR SALE OF MITIGATION CREDITS

SAN LUIS REY MITIGATION BANK
USACE File No. SPL-2017-00772-LOB
RWQCB File No. R9-2019-0226
This Agreement is made and entered into this day of ___________, 2023 by and between WILDLANDS SLR HOLDINGS I, LLC, a Delaware limited liability company (“Bank Sponsor”) and CITY OF SAN CLEMENTE, a municipal corporation (“Project Proponent”) as follows:

RECITALS
A. Bank Sponsor has developed the San Luis Rey Mitigation Bank (“Bank”) located in San Diego County, California; and
B. The Bank has been developed pursuant to a Bank Enabling Instrument entered into by and between Bank Sponsor, United States Army Corps of Engineers (“USACE”), and California Department of Fish and Wildlife (“CDFW”); and C. Bank Sponsor has received the approval of the USACE and CDFW to operate the Bank as a mitigation bank with wetland waters of the United States/State credits, waters of the United States/State credits and buffer credits for sale as compensation for the loss of waters of the United States, waters of the State and/or State jurisdictional habitats; and D. Project Proponent is seeking to implement the project described on Exhibit “A” attached hereto (“Project”), which would unavoidably and adversely impact waters of the United States and/or waters of the State thereon, and seeks to compensate for such impacts by purchasing compensatory credits from Bank Sponsor; and
E. Project Proponent has received authorization under Regional Water Quality Control Board (“RWQCB”) Section 401 Water Quality Certification No. R9-2019-0226 to purchase 0.04 acre of Re-established River: Wetland Waters of the U.S./State credits from the Bank; and
F. Project Proponent desires to purchase from Bank Sponsor and Bank Sponsor desires to sell to Project Proponent 0.04 acre of Re-established River: Wetland Waters of the U.S./State credits from the Bank.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. Bank Sponsor hereby agrees to sell to Project Proponent and Project Proponent hereby agrees to purchase from Bank Sponsor 0.04 acre of Re-established River: Wetland Waters of the U.S./State credits (the “Credits”) for the purchase price of $24,600.00 (“Purchase Price”). The Purchase Price for said Credits shall be paid by wire transfer of funds according to written instructions by Bank Sponsor to Project Proponent, or by check payable to “Wildlands Attachment 4
138
DRAFT
2 SLR Holdings I, LLC.” Upon receipt of the Purchase Price, Bank Sponsor will deliver to Project Proponent an executed Bill of Sale in the form attached hereto as Exhibit “B.”

2. The sale and transfer herein is not intended as a sale or transfer to Project Proponent of a security, license, lease, easement, or possessory or non-possessory interest in real property, nor the granting of any interest of the foregoing.

3. Project Proponent shall have no obligation whatsoever by reason of the purchase of the Credits, to support, pay for, monitor, report on, sustain, continue in perpetuity, or otherwise be obligated or liable for the success or continued expense or maintenance in perpetuity of the Credits sold, or the Bank. As required by law, Bank Sponsor shall monitor and make reports to the appropriate agency or agencies on the status of any Credits sold to Project Proponent. Bank Sponsor shall be fully and completely responsible for satisfying any and all conditions placed on the Bank or the Credits, by all state or federal jurisdictional agencies.

4. The Credits sold and transferred to Project Proponent shall be nontransferable and non-assignable, and shall not be used as compensatory mitigation for any other Project or purpose, except as set forth herein.

5. Project Proponent must deliver the Purchase Price to Bank Sponsor within 30 days of the date of this Agreement. After the 30-day period this Agreement will be considered null and void and Bank Sponsor shall have no further obligations hereunder.

IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written.

BANK SPONSOR: PROJECT PROPONENT:

WILDLANDS SLR HOLDINGS I, LLC,
a Delaware limited liability company
By:__________________________
Name:________________________
Title: ________________________
Date:_________________________
CITY OF SAN CLEMENTE, a municipal
corporation
By:__________________________
Name:________________________
Title: ________________________
Date:_________________________
APPROVED AS TO FORM: BEST

BEST & KRIEGER
____________________________
City Attorney
149
DRAFT
3 Exhibit “A”

DESCRIPTION OF PROJECT
TO BE

MITIGATED
The Project proposes to install a concrete cutoff wall and gabion stream bank armoring system, relocate the existing earthen channel, and relocate a public trail. Permanent stream channel impacts will be mitigated through the purchase of 0.04 acre of re-established riverine wetland credits from the San Luis Rey Mitigation Bank in Oceanside, CA. The Project is located within the City of San Clemente, Orange County, California at the southwest end of the Plaza de la Playa cul-de-sac. The Project center reading is located at latitude 33.407555 and longitude - 117.60831.
*****
1015
DRAFT
4 Exhibit “B”

BILL OF SALE
Contract # SLRMB-23-___
USACE File No. SPL-2017-00772-LOB
RWQCB File No. R9-2019-0226
In consideration of $24,600.00, receipt of which is hereby acknowledged, WILDLANDS SLR HOLDINGS I, LLC, a Delaware limited liability company (“Bank Sponsor”) does hereby bargain, sell and transfer to CITY OF SAN CLEMENTE, a municipal corporation (“Project Proponent”) 0.04 acre of Re-established River: Wetland Waters of the U.S./State (riparian reestablishment) credits for the Montalvo Canyon Erosion Repair Project, in the San Luis Rey Mitigation Bank in San Diego County, California, developed and approved under the authority of the United States Army Corps of Engineers and California Department of Fish and Wildlife.

Bank Sponsor represents and warrants that it has good title to the Credits, has good right to sell the same, and that they are free and clear of all claims, liens, or encumbrances.

DATED: _______________________________________
WILDLANDS SLR HOLDINGS I, LLC, a Delaware limited liability company By: _________________________________________
Name:

Its:

M:marketing\Agreement\ saleSLR_Montalvo Canyon
Revised: 1/24/2023
1116
55452.01510\32977834.2
1 CITY OF SAN CLEMENTE

EMERGENCY CONSTRUCTION CONTRACT

AVENIDA MONTALVO CANYON AND TRAIL IMPROVEMENTS
CIP PROJECT NO. 16004-1

1. PARTIES AND DATE.

This Contract is made and entered into this _________ day of _____________, 2023, by and between the City of San Clemente, a public agency of the State of California (“City”) and Diamond Construction & Design, a Partnership entity with its principal place of business at 921 N. Harbor Boulevard, Suite 622, La Habra, CA 90631 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing Public Works Storm Drain Construction services related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: California Contractor License “A”

2.3 Project. City desires to engage Contractor to render such services for the Avenida Montalvo Canyon and Trail Improvements, CIP Project No. 16004-1 (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
 Services/Schedule (Exhibit “A”, Scope of Work)
 Plans and Specifications (Exhibit “B”, See Plans and Specifications for the Avenida Montalvo Canyon and Trail Improvements, CIP Project No. 16004, and Exhibit “A”, Scope of Work)
 Special Conditions (Exhibit “C”, See Plans and Specifications for the Avenida Montalvo Canyon and Trail Improvements, CIP Project No. 16004, and Exhibit “A”, Scope of Work)
 Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”)  Public Works Contractor Registration Certification (Exhibit “E”) 17 55452.01510\32977834.2
2  Payment and Performance Bonds (Exhibit “F”)
 Federal Requirements (Exhibit “G”)
 Insurance Requirements (Exhibit “H)
 Addenda (N/A)
 Change Orders executed by the City (N/A)
 Latest Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
 Notice Inviting Bids, if any (N/A)
 Instructions to Bidders, if any (N/A)
 Contractor’s Bid (See Exhibit “A”)

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request 18 55452.01510\32977834.2
3 is rejected, Contractor shall be responsible for providing the specified material, process or article.

The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance.

3.3.1 Contract Time. Contractor shall perform and complete all Work under this Contract within Twenty Working days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.2 Force Majeure. Neither City nor Contractor shall be considered in default of this Contract for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Contract, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; pandemics or epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. Should such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Contract. Contractor’s exclusive remedy in the event of delay covered under this section shall be a non-compensable extension of the Contract Time.

3.3.3 Liquidated Damages. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Eight Hundred Dollars ($800) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.
19 55452.01510\32977834.2
4 3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor 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, and workers’ compensation insurance.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Fifty Nine Thousand and One Hundred Ninety Four Dollars ($59,194.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be 20 55452.01510\32977834.2
5 required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, 21 55452.01510\32977834.2
6 hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident 22 55452.01510\32977834.2
7 after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.7.14 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.

Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. 23 55452.01510\32977834.2
8 3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this 24 55452.01510\32977834.2
9 Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or 25 55452.01510\32977834.2
10 trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.10 Claims; Government Code Claim Compliance.
26 55452.01510\32977834.2
11 3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost
27 55452.01510\32977834.2
12 3.10.3.6 Time impact analysis in CPM format

3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.

3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.

3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.

3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. 28 55452.01510\32977834.2
13 3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party. 29 55452.01510\32977834.2
14 3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.

3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.12 Indemnification.

3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend (with counsel reasonably approved by City), indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.12.2 Additional Indemnity Obligations. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its 30 55452.01510\32977834.2
15 officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.13 Insurance. Contractor agrees to procure and maintain, at Contractor’s expense all insurance specified in Exhibit “H” attached hereto and by this reference incorporated herein.

Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.

3.13.1 3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

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

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any 31 55452.01510\32977834.2
16 defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.16 Employee/Labor Certifications.

3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he 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 Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. 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.

3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same. 32 55452.01510\32977834.2
17 3.17 General Provisions.

3.17.1 City’s Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.
33 55452.01510\32977834.2
18 3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

Diamond Construction & Design
921 N. Harbor Boulevard, Suite 622
La Habra, CA 90631
Attn: Stelian Onufrei
CITY:

City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attn: Amir K. Ilkhanipour, Principal Civil Engineer
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

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

3.17.10 Laws, Venue, and Attorneys’ Fees. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Orange, State of California.

3.17.11 Counterparts/Electronic Signature. This Contract may be executed in counterparts, each of which shall constitute an original. This Contract may be executed electronically with the same force and effect as an original ink signature. Bonds, if required, must be signed with original ink signatures and accompanied by notary acknowledgments.

3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 [Reserved]
34 55452.01510\32977834.2
19 3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Contract, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

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

Box 26000, Sacramento, California 95826.

3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.17.19 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.17.20 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects.

3.17.21 Federal Provisions. (Not Applicable) When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully 35 55452.01510\32977834.2
20 and adequately comply with the provisions included in Exhibit “G” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. [SIGNATURES ON NEXT PAGE]
36 55452.01510\32977834.2
21 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: __________________, 20____
____________________________
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

Diamond Construction & Design
By:_____________________________
Stelian Onufrei, Partner
Dated: __________________, 20____
By:_____________________________
Adrian O’Brian, Partner
Dated: __________________, 20____
37 55452.01510\32977834.2
- 22 -
EXHIBIT “A”

SERVICES / SCHEDULE
(See Attached)
38 55452.01510\32977834.2
- 23 -
39 Exhibit A
AV1ENIDA MONTALVQ CANYQN ANllll 1RAl l lM MOVEMENTS
PR,QJ,ECT NiQ. 16004-1

SCQPE ,OF WORK
Bid Bid Item Desclipticm1 l.1' 111it 10,f Est . U111it lictal lt!em lltem Measu re Qty Pri.ce 1
Cost
N01.
co NiSlilRUC:no N lrlllEMS
Adjustments to sliz.e of walkway $1 ,850.85 1. footing; remove excess soil and C.Y. 34.4 $45,0(]I() lbac,\dii II with cooorete

2. Excavate adcf ional unda.ssiffied C.Y. soils 34.4 $'135 $4648.05

3. Ex!IX)rt of di~al of Exress C.Y. 34.4 $133 $4 ,579. 9 material

4. P, offit, Overh tu1d ( 5%) LS 11 $8,134.09 $8,134.09

5. Bond Fee LS 11 $1,084 .54 $1 ,084.54
Total Price: $63,446.00 "
"$4,252 to be paid from ~he original cons~rud ion contract, $59 ,194 .00 to be 1paii::I fm m ~his co1mrad. 55452.01510\32977834.2
- 24 -
EXHIBIT “B”

PLANS AND SPECIFICATIONS
(SEE ATTACHED EXHIBIT A)
40 55452.01510\32977834.2
- 25 -
EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract.

Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
41 55452.01510\32977834.2
- 26 -
EXHIBIT “D”

WORKERS 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.

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. 42 n
n
C
55452.01510\32977834.2
- 27 -
Dated: ________________________, 20____
________________________________
Consultant
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
43 55452.01510\32977834.2
- 28 -
EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
 Contractor shall maintain a current DIR registration for the duration of the project.  Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.  Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor
Signature
Name and Title
Dated

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
44 55452.01510\32977834.2
- 29 -
EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS
45 55452.01510\32977834.2
- 30 -

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of San Clemente (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
46 55452.01510\32977834.2
- 31 -
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

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

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
47 55452.01510\32977834.2
- 32 -
(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
48 55452.01510\32977834.2
- 33 -
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
49 55452.01510\32977834.2
- 34 -

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of San Clemente (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or 50 55452.01510\32977834.2
- 35 -
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
51 55452.01510\32977834.2
- 36 -
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
52 55452.01510\32977834.2
- 37 -
EXHIBIT “G”

FEDERAL REQUIREMENTS
(Not Applicable)
53 55452.01510\32977834.2
- 38 -
EXHIBIT “H”

INSURANCE REQUIREMENTS

3.13 Insurance.

3.13.1 Time for Compliance. Contractor shall not commence work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract as required in section 1.1.12 of this agreement.

3.13.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Contract for work to be performed hereunder, and without limiting the indemnity provisions of the Contract, the Contractor, in partial performance of its obligations under such Contract, shall procure and maintain in full force and effect during the term of the Contract the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, and shall be no 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 limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Contract.
(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 shall be in an amount 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) Builder's Risk Insurance [“All Risk”]: The City has obtained Builder’s Risk [“All Risk”] extended coverage insurance for the Project. Contractor shall NOT procure Builder’s Risk [“All Risk”] insurance for this Project, and shall NOT include the cost of said coverage in its bid price/the Contract Price.
(E) Contractors Pollution Liability: Not Used.

3.13.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability
54 55452.01510\32977834.2
- 39 -
(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 Contract.

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

For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 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. (C) Workers' Compensation:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents and volunteers.
(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.

3.13.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability, Automobile Liability insurance (if required) 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.

3.13.5 Waiver of Subrogation. All policies of Commercial General Liability, Automobile Liability insurance (if required) shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.13.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention in excess of $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.
55 55452.01510\32977834.2
- 40 -

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

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

3.13.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A- 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.

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

3.13.11 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.

3.13.12 Insurance for Subcontractors. Contractor shall include all Subcontractors as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing Subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as additional insureds to the Subcontractor's policies. All policies of Commercial General Liability insurance provided by Subcontractors 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. Contractor shall not allow any Subcontractor to commence work until it has received satisfactory evidence of Subcontractor’s compliance with all insurance requirements under this Contract, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. 56 ATTACHMENT 5
4882-9904-3949 v1
RESOLUTION NO. 23-143

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING AND FILING

NOTICE OF COMPLETION FOR THE AVENIDA

MONTALVO CANYON AND TRAIL IMPROVEMENT, CIP
PROJECT NO. 16004; AND RATIFYING AN EMERGENCY

A CONSTRUCTION CONTRACT IN THE AMOUNT OF
$59,194 WITH DIAMOND CONSTRUCTION & DESIGN
WHEREAS, on February 7, 2023, the City Council awarded a construction contract to Diamond Construction & Design for the Avenida Montalvo Canyon and Trail Improvement, CIP Project 16004, in the amount of $180,000, and approved a 15% project contingency in the amount of $27,000; and
WHEREAS, these improvements consisted of the installation of gabion baskets to prevent further erosion of the bluff and the construction of a sidewalk for the improvement of public access; and
WHEREAS, during construction there were several unforeseen issues that required resolution involving excessive ground water, ocean high tide surges into the work area, and soil instabilities in the creek bed; and
WHEREAS, this additional work totaled $86,194, which exceeded the authorized project contingency of $27,000; and
WHEREAS, due to the sensitive nature of the construction at the base of a vertical coastal bluff, construction could not be delayed, requiring declaration of an emergency necessitating immediate action to protect property and public safety and direction given to Diamond Construction & Design to proceed with the emergency work under an emergency construction contract in the amount of $59,194.

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 an emergency existed due to the potential failure of the bluff where the installation of the gabion baskets and construction of the sidewalk at Montalvo Canyon was occurring in connection with CIP Project 16004 that required immediate action to prevent or mitigate impairment to property and public safety that might otherwise occur if the City had been required to incur delays attributed to typical competitive bidding process for the additional work.

SECTION 3. That the public interest and necessity demanded the immediate expenditure of public funds to safeguard property and public safety. 57 Resolution No. 23-143 Page 2
4882-9904-3949 v1
SECTION 4. That entry into an emergency construction contract with Diamond Construction & Design for the extra work on CIP Project 16004 is hereby ratified and approved. The City Manager is authorized to execute a contract with Diamond Construction & Design in the amount of $59,194 in a form substantially similar to that presented to City Council on December 5, 2023.

SECTION 5. That the Avenida Montalvo Canyon and Trail Improvement, CIP Project No. 16004, is hereby accepted from Diamond Construction & Design.

SECTION 6. That the Public Works Director/City Engineer is hereby authorized and directed to execute and record the Notice of Completion for the completed Avenida Montalvo Canyon and Trail, CIP Project 16004.

SECTION 7. That the City Clerk is hereby authorized to release the Payment Bond 35 days for CIP Project 16004 from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the Contractor, Diamond Construction & Design.

SECTION 8. 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
58 Resolution No. 23-143 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. 23-143 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:

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: December 5, 2023 Agenda Item: 7S
Department: Public Works
Prepared By Belgin Cuhadaroglu, Associate Civil Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO

HARBOR COATING AND RESTORATION FOR THE MARINE SAFETY HEADQUARTER (HQ) BUILDING CONCRETE REPAIRS, CIP PROJECT NO. 24805, IN THE AMOUNT OF $101,750

AND AUTHORIZING THE
..body CITY MANAGER TO EXECUTE THE CONTRACT
Fiscal Impact:

The estimated construction cost of $141,083 is within the available approved project budget of $200,000 from the General Fund / Marine Safety HQ Concrete Repairs, Account No. 001-636- 45700-000-24805.

Summary:

Before the City Council is the approval of a construction contract with Harbor Coating & Restoration for the Concrete Repairs, in an amount of $101,750, and approval of a 19% project contingency of $19,333, for the needed concrete spalling repairs for the Marine Safety HQ Building (Attachment 1).

Background:

The Marine Safety HQ Building was constructed in 1968 and is subjected to severe corrosion from marine exposure and salt water mist from wave action. The building has undergone various maintenance repairs to address concrete spalling due to the highly corrosive marine environment in the past, with the latest repairs in 2020. New concrete spalling on structural components on the west side of the Marine Safety HQ Building was noticed in 2022. Duncan Engineering, a marine structural engineering consultant, was retained to provide an assessment with recommendations for immediate and short-term repairs. Based on Duncan Engineering’s recommendations, the City conducted formal competitive bidding for the Marine Safety HQ Building Concrete Repair, CIP Project No. 24805 (Project) and received nine bids on July 26, 2023. Subsequent to the bid opening on July 26, 2023, additional spalled concrete and corroded reinforcement steel bars were identified. Therefore, City staff recommended rejecting all bids, expanding the scope of work, and re-biding the project. On October 3, 2023, City Council approved rejecting the bids received on July 26, 2023.

Duncan Engineering was retained to provide a re-assessment with recommendations for repairs needed. Based on Duncan Engineering’s repair recommendations, staff prepared a bid package, notified local contractors, and advertised the project for competitive bidding on the PlanetBids website and in the SC Times. Six (6) bids were received on November 16, 2023, ranging from $89,750 to $210,740. The results are presented on the attached Bidders’ Listing (Attachment 3).

The lowest responsive and responsible bidder was Harbor Coating & Restoration of Orange, 1 Meeting Date: December 5, 2023 Agenda Item: 7S

CITY OF SAN CLEMENTE
California at $89,750. While local contractors were notified of the bid advertising, no local contractors submitted a bid.

Based on the low base bid and alternate bid item (consisting of additional concrete demolition and repair for $12,000), the estimated construction cost for this project is as follows:

Construction Administration, Management &
Inspection: $ 20,000
Construction Contract: 101,750
Contingency (19%): 19,333
Total Estimated Construction Cost: $ 141,083
As required by state law and City policy, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 4).

Project plans and specifications are on file in the City Clerk’s office.

Council Options:
 Adopt Resolution No. 23-144 (Attachment 2), awarding the contract for the Marine Safety HQ Building Concrete Repairs to Harbor Coating & Restoration, and authorizing the City Manager to execute a construction contract in the amount of $101,750, plus a 19% project contingency of $19,333.
 Modify and adopt Resolution No. 23-144.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 23-144 and put the project on hold.

Environmental Review/Analysis
This project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301 of the state CEQA Guidelines, Class 1 (Existing Facilities, 14 CCR 15301). A Notice of Exemption was filed with the County of Orange Recorder’s Office on March 21, 2023 for this project. (See Attachment 5.) Recommended Actions:

Staff Recommendation
..recommendation
Staff recommends that the City Council adopt Resolution No. 23-144, which will:
..recommendation

1. Award the Marine Safety HQ Building Concrete Repairs Project, CIP Project No. 24805, construction contract to Harbor Coating & Restoration, as the lowest responsible and responsive bidder;

2. Authorize the City Manager to execute a construction contract with Harbor Coating & Restoration in an amount of $101,750, and a 19% project contingency of $19,333, in a form substantially similar to Contract No. C23-69 (Attachment 4); and 2 Meeting Date: December 5, 2023 Agenda Item: 7S

CITY OF SAN CLEMENTE

3. Approve a 19% project contingency of $19,333.
..end
Attachments:

1. Location Map

2. Resolution 23-144

3. Bidders’ Listing

4. Contract

5. Notice of Exemption
Notification:

All Bidders
3 VIA MECHA

VISTA MARINA

ARENOSO LN LINDA LN
S. ALAMEDA LN CORONADO LN

CORTO LN
N. ALAMEDA

STA ANA LN

LA PALOMA MARQUITA MARIPOSA

ENCINO LN

ELENA LN

PASEO DE CRISTOBAL

PASADENA CT

ESPLANADE

CORONA LN

ACEBO LN

AVE MADRID

CLE CONCHITA

PACIFIC OCEAN

MUNICIPAL PIER

MARIPOSA AVE SERRA

AVE CABRILLO AVE DEL MAR

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

PACIFIC OCEAN

PACIFIC OCEAN
AVE MIRAMAR A. T. & S. F. R. R.

MARQUITA CANADA

PONIENTE

ESCALONES PACIFIC OCEAN AVE DEL
COMM. CENTER

AVE VICTORIA

SANTA AVE BAR

AVE DEL MAR
LN.

LA PALOMA

AVE CABRILLO

PACIFIC OCEAN

TRAFALGAR CANYON
BARA
AVE. VICTORIA
Marine Safety Building Concrete
Repairs
PN-24805

PROJECT

LOCATION

NOT TO SCALE
ATTACHMENT 1
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. 23-144

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT TO HARBOR COATING &

RESTORATION FOR THE MARINE SAFETY

HEADQUARTER BUILDING CONCRETE REPAIRS, CIP
PROJECT NO. 24805, IN THE AMOUNT OF $101,750; AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

CONTRACT
WHEREAS, the Marine Safety Headquarter (HQ) Building is subject to severe corrosion from marine exposure and salt water mist from wave action, and has undergone various maintenance repair contracts to address concrete spalling due to highly corrosive marine environment in the past, with the latest repairs in 2020; and WHEREAS, new concrete spalling on structural components on the west side of the Marine Safety HQ Building was noticed in 2022 and Duncan Engineering, a marine structural engineering consultant, was retained to provide an assessment with recommendations for immediate and short-term repairs; and WHEREAS, based on Duncan Engineering’s recommendations as to the scope of work needed, the City conducted formal competitive bidding for the Marine Safety HQ Building Concrete Repair, CIP Project No. 24805 (Project) and received nine bids in July 26, 2023; and
WHEREAS, subsequent to the bid opening on July 26, 2023, additional spalled concrete and corroded reinforcement steel bars were identified. Therefore, City staff recommended rejecting all bids, expanding the scope of work, and re-biding the project; and
WHEREAS, on October 3, 2023, the City Council approved rejecting all bids received on July 26, 2023; and
WHEREAS, the City conducted formal competitive bidding for the Marine Safety HQ Building Concrete Repair, Project No. 24805 (Project), with the expanded scope of work; and
WHEREAS, on November 16, 2023, the City received six (6) bids ranging from $89,750 to $210,740 for the Project; and
WHEREAS, the lowest responsive and responsible bidder was Harbor Coating & Restoration of Orange, California, in the amount of $101,750, based on the low base bid and the alternate bid item; and
WHEREAS, this project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301 of the state CEQA Guidelines, Class 1 (Existing Facilities, 14 CCR 15301) and a Notice of Exemption 5 Resolution No. 23-144 Page 2
4882-9904-3949 v1
was filed with the County of Orange Recorder’s Office on March 21, 2023 for this project.

With the expanded scope of work, the project is still categorically exempt under Class 1.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby finds, determines and resolves as follows:

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

SECTION 2. That the Construction Contract Agreement for the Marine Safety HQ Building Concrete Repair, Project No. 24805, is awarded to Harbor Coating & Restoration.

SECTION 3. That the City Manager is authorized and directed to execute a construction contract for the Marine Safety HQ Building Concrete Repair, CIP Project No. 24805 with Harbor Coating & Restoration, in an amount of $101,750, in a form substantially similar to that presented to City Council on December 5, 2023.

SECTION 4. That a 19% project contingency of $19,333 for CIP Project No. 24805 is hereby approved. The City Manager is authorized to utilize the project contingency to the extent necessary and proper.

SECTION 5. 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 December, 2023.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
6 Resolution No. 23-144 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. 23-144 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of December, 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
7 City of San Clemente
Bid Results for Project MARINE SAFETY HQ BUILDING CONCRETE REPAIRS (24805)Issued on 10/26/2023Bid Due on November 16, 2023 2:00 PM (PST)Exported on 11/16/2023Vendor Name City State Base Bid Total Bid Amount Format Bid Submit DateHarbor Coating and Restoration Orange CA 89,750 $101,750.00 Electronic 11/15/2023 2:52:25 PMAce Capital Engineering Lake Forest CA 99,857 $104,650.00 Electronic 11/16/2023 1:51:19 PMCheloletty Engineering, Inc. Villa Park CA 124,363 $133,363.00 Electronic 11/14/2023 9:57:49 PMWe R Builders, Inc. Glendale CA 149,600 $170,200.00 Electronic 11/16/2023 1:57:42 PMU.S. Builders & Consultants Irvine CA 158,750 $185,750.00 Electronic 11/16/2023 12:40:25 PMSlater Waterproofing Inc. Montclair CA 210,740 $242,100.00 Electronic 11/16/2023 11:44:18 AM $77$&+0(17
8 ATTACHMENT 4
1 SECTION 00500

CONSTRUCTION CONTRACT FOR MARINE SAFETY HQ BUILDING CONCRETE REPAIR WITH ACE CAPITAL ENGINEERING, INC.

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 Mahmoud Merzi dba Harbor Coating & Restoration, a sole proprietorship located at 625 W. Katella Avenue #5, Orange, CA 92867, hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

MARINE SAFETY HQ BUILDING CONCRETE REPAIRS, PROJECT NO. 24805 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 thirty (30) working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Hundred One Thousand and Seven Hundred Fifty dollars ($101,750). 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. This project includes an 19% contingency in the amount of Nineteen Thousand Three Hundred Thirty Three dollars ($19,333) for unforeseen conditions. In no event shall approved additional work exceed such project contingency, nor shall the total amount of compensation for work performed under this Contract, including approved additional work, exceed 121,083 dollars ($121,083).

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 9 APPENDIX 6

DESIGNATED STAGING AREA
2 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:

Contract
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Addenda
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
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.

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 at City of San Clemente Public Works Department or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
10 APPENDIX 6

DESIGNATED STAGING AREA
3 IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Andy Hall, City Manager
______________________________ 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

Mahmoud Merzi dba Harbor Coating &
Restoration, a sole proprietorship
(“CONTRACTOR”)
_____________________________
Mahmoud Merzi
Dated: __________________, 2023

END OF CONTRACT
11 PAGE 4 THROUGH PAGE 12 LEFT BLANK
PAGE 4
PAGE 13 FOLLOWS
$77$&+0(176
E

12 Harbor Coating and Restoration
13 SECTION 00400

BID FORM
NAME OF BIDDER: ____________________ _
The undersigned, hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Project:

MARINE SAFETY HQ BUILDING CONCRETE REPAIRS
PROJECT NO. 24805
We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project for the following TOTAL BID PRICE:

BASE BID SCHEDULE
Bid Bid Item Description Unit of Est. Unit Price Total Cost Item Measure Qty
No.

1. Mobilization, Cleanup, Demobilization LS 1
2000.00

2. Best Management Practices LS 1
1000.0
3 Waste Management Plan LS 1
1000.00
4 . Concrete Demolition (CF), includes saw CF 95
cuttina & Waste Manaoement Plan 200.00 19000.00

5. Repair material, Polymer Concrete CF 95 23750.00 (CF) includes surface prep, bonding agents 250.00 new toooina, finishing and curing

6. New fl6 bottom reinforcing bars, Includes 2 EA 30
bar sections with lap splice and 9" epoxy 500.00 15000.00 embedment at ends.

7. New #3 reinforcing bar "tie pairs", Includes EA 90
2 bar pieces and epoxy embedment at 300.00 27000.00
ends

8. Public Safety/Access Control-Protective LS 1
Taros and/or barricades. 1000.00
In case of discrepancy between the unit price and the item cost set forth for a unit basis item, the unit price shall prevail and, shall be utilized as the basis for determining the lowest responsive, responsible bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, or is the same amount as the entry in the "Item Cost" column, then the amount set forth in the "Item Cost" column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.

If any of the above discrepancies exist, the City may recalculate the bid price on the basis of the unit price and the bidder agrees to be bound by such recalculation. 13 14
SECTION 00400

BID FORM
The estimated CF quantities are the final payment quantities for which payment for work will be made unless the repair areas are increased or decreased as directed by the City. The City (or their appointed representative) will be available with 48 hours' notice to inspect all the demolition areas at one time after the specified material is removed and each area is cleaned of dust and debris. Additional demolition beyond the volume specified for each repair, without City direction, will not be paid but must be repaired to the same specifications at no additional charge to the City.

If a demolition depth is accepted at a depth, width or length less than specified, the City will still pay for the material volume indicated in the repair details but can use the reduced volume to offset City directed "increases" in volume at other repair locations. If the dimensions are revised and the revisions result in an overall increase in the total project repair volume then the final quantities for payment will be revised in the amount represented by the net change in the CF quantity.

Note: the bid quantities are estimated by computation of the repair detail dimensions shown on the repair details. The volume indicated in the Bid Form is conservative because it assumes square demolition volumes when in-fact most concrete demolition volumes taper from the perimeter sawcut till the maximum demolition depth is reached .

No allowance will be made for material waste or other means/methods that result in the actual quantities used differing from the bid quantities.

The Unit Quantities for new reinforcing are the number of new complete #6 bottom bar installations and #3 complete tie-pair installations. The Contractor will be paid based on the Unit Quantity for all bottom bars and ties required which exceed the project totals on the Bid Form.

If the Contract Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price, at the City's sole option. The City can choose to include one or more of the Alternate Bids in the Work. If any of the Alternate Bids are selected by the City, the resulting amount shall be added to or deducted from Total Bid Price for the Work.

City may select one or more of the Alternate Bids at the below stated Bid Price up to sixty (60) days following award of the Contract. City can award/select Alternate Bid items at any time(s).

AL TERNA TE BID SCHEDULE
Bid Item Unit of Est.

No. Measure Qty
Alternate Bids
A1 Concrete Demolition and CF 20
Add Polymer Concrete Repair
:__ Deduct
TOTAL BID PRICE (BASED ON BASE BID SCHEDULE):
$ 89750.00
Total Base Bid Price in Numbers
eight nine tousand and seven hundred and fifty dollars
Total Base Bid Price in Written Form
14 Bid Price
(In Written Form)
$
600.00
Bid Price
(In Numerical
Form)
$
12000.00
SECTION 00400

BID FORM
15 SECTION 00400

BID FORM
In case of discrepancy between the written price and the numerical price, the written price shall prevail. In case of a discrepancy between the electronic bid form in the City's Planet Bids system (if used) and this completed bid form, the signed hardcopy bid form (or scanned signed form uploaded to the City's Planet Bids system, shall prevail.

The undersigned agrees that this Bid Form constitutes a firm offer to City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from the bid opening, or until a Contract for the Work is fully executed by City and a third party, whichever is earlier.

The Contract duration shall commence on the date stated in City's Notice to Proceed, and shall be completed by the Contractor in the time specified in the Contract Documents. In no case shall the Contractor commence construction prior to the date stated in City's Notice to Proceed.

Bidder certifies that it is licensed in accordance with the law providing for the registration of Contractors, License No. 473853 , Expiration Date 12124 , class of license ~ - If the bidder is a joint venture, each member of the joint venture must include the above information.

The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents.

Addenda No. _________ _
Addenda No. _________ _
Addenda No. _________ _
Bidder has attached the following:

1. The completed Contractor's Certificate Regarding Workers' Compensation form.

2. The required bid security in the amount of not less than 10% of the Total Bid Price.

3. The fully executed Non-Collusion Declaration form .

4. The completed Contractor Information and Experience form.

5. The completed List of Subcontractors form.

6. The completed Iran Contracting Act Certification form (for bids of $1 ,000,000 or more).

7. The completed Public Works Contractor Registration Certification form.

I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein, including Contractor's license number and expiration date, are true and correct. I further certify that the signatory below is authorized to submit this Bid and bind the Bidder to the terms of these Contract Documents.
15 SECTION 00400
8 10 FORM
16 SECTION 00400
81D FORM
Name of Bidder Harbor coating and Restoration
Signature 7tiz4ht4<1a{~
Name Mahmoud Merzi
Title Owner
Dated 11/14/23

END OF BID FORM
16 SECTION 00400
8 10 FORM
17 Section 00405

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

WARNING: FAILURE TO SECURE WORKERS' COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENAL TIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.
17 18
Dated: 11/14/23 , 20 _ _
none
Consultant
By: Mahmoud Merzi
Owner
Title
625 W Katella Ave #5
Address
Orange Ca 92867
18 55452.01510\32905704.2
19 SECTION 00410

BID BOND
The makers of this bond are Harbor Coating & Restoration , as Principal, and_ Developers Surety and Indemnity Company , as Surety and are held and firmly bound unto the City of San Clemente. hereinafter called City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to City for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated November 16 , 20 23 for the Marine Safety HQ Building Concrete Repairs.

If the Principal does not withdraw its bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to City as required by the Contract Documents; then this obligation shall be null and void. Otherwise. this bond will remain in full force and effect.

Surety, for value received, hereby stipulates and agrees that no change. extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby waive notice of any such changes.

In the event a lawsuit is brought upon this bond by City and judgment is recovered, the Surety shall pay all litigation expenses incurred by City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and expenses.

IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this 13th day of November . 20~. the name and corporate seal of each corporation.
(Corporate Seal) ____________ _
Contractor/ Principal Harbor Coating & Restoration
By7~~
Title 0 W 1/\q,,J r
(Corporate Seal) ____________ _
Surety Developers Surety and Indemnity Company
By ~ ~ ~.c::=
Attorney-in-Fact Andrew Sysyn, Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title Attorney-in-Fact 19 20
SECTION 00410
810 BOND
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document

STATE OF CALIFORNIA
COUNTY OF Orange
On November 13 20 23 , before me, _M_a_r_ia_S_._y_sy._n _________ , Notary Public. personally appeared Andrew Sysyn , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correc~ • • e e • • • ft • ft ft • f .. •~ .. : '+ MARIA SYSYN WITNESS h d d ffi • I I _ .y . -; otary Publ!c. c,utornla II my an an o IcIa sea .

I ':! . • Orantt Co1:nty !: a----
Commfsston • 2468022 •
•, • • My Comm, Expires Mov 1, 2027 ~ _
Signature of Notary Public

OPTIONAL
Though the information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document

CAPACITY CLAIMED BY SIGNER
Individual
Corporate Officer

DESCRIPTION OF ATTACHED DOCUMENT
Tilte(s) Title or Type of Document
Partner(s) Limited
Attorney-In-Fact
Trustee(s)
Guardian/Conservator
Other:

Signer is representing:

Name Of Person(s) Or Enlity(ies)
55452.01510\32905704 2
General
20 --;ijjj""mberofPages
Date of Document
Signer(s) Other Than Named Above
SECTION 00410

BID BOND
21 1'0\\LHOI \ I IOU\I,\ )-(>R
l rJH t.1'01 I I. 1,,1 I<.\ '\( I l 0'.'lf' \ \\
Ill.' Fl OJ>ER~',l Rl:n \'I) "l>F.\1'11"\ (0\IP\\\
-,, \1md~n I tilt .n,d I ,IJ<) '"·" Yoi, '\\- )i1(,:;_
12121:-~L~7 :!_,
1''10\1/ /\I I HY Tl 11.:~I. J>IU,SI J ~ lh:it ~x.-,·r,t '" ,·>-pre~,!; lm111~<l l,~1.-:111 ('e ll!J·Pt ill-,.TI· I. ,t RM,t l C UMI':\\ \ ,ind I lL\ I.Le 11,1 J,S St,!' I I ,\l\f\ 1,Dt MNIT\' l • 1Ml'A1'Y ,i., h~rt·~ 1rt1h. ,c,1i-111ul<' ,m,1 :.11p,11,; , , , San Juan Capistrano. CA
,1, 11~ mw and IJwh1l ,\uonic) • 11-I :ire 10 lll~~e e.M'Cull'. .i.-:" c1 :m<l ,1d.11<",i.,1g,· 1;,r and ,in l~h:,, "I ,a1tl ,.,,.,1pa111n a,·'""'''"' l 011,I, 11mlcu.1,m,- Jntl c,mtrnrt~ ot suu:C\:,hlJ' gJ\.'Hlf an1...I ~run1111g 1rn1u ,-utl :\t!,,1rn· ·-•·1-.. ;1, I tn:~ 'l\1\\t•; i1•ul .m1hc,1u~. :u ltn ~in~i to 1x:1 h,1111 ~, l"J"\ ~let nt•t..t,~1 . h'\.p .. 11:'.ite t",r pwper •o t><· ,hm~ m ,llllnl,·tl\•11 :hc1n"lh ,,~ cad, »1 ~.-1,.I .-omp~!1\' r.iuld du hu1 1..-~•rv1ng hi (,1th >I ~;,,u .1,111p:;n~ !11ll P\/\11."l nf suh,11111·1,111 ,Hid IC\'Ol.,lllllll. ""'' Jll 01 tfc ;>cJ, .,f<>11d ,,11,,mn-,n-r~c-(. ru·"w1t ,,, rh,:t pre'>ltr.t<. arc h.:rcb, r~11hcJ ~n.! tonhrn·<.:,l nn, l'o\\,'J ,11 .'\11-.,11,,, l:,<.:Jle(l)\l November 13. 2023 a11,! ~bll r r11.: nn >c.,:emtier i I 11125 fh1, l',mc-r o ,111 .. me, r, u.1.i,11t,I w,l J\ Sl,:Jll\' 1,111.kr ,,nd •1~ .Jt1tl1.-r1t' r,t t:•c- tr,11,,, 111 1~,,.•rn1<ms , .. 1i,r.1cJ r.,., 1hc l{..,;,r,l l•f I >11~'-'"'' ,,1 C'll~I I•• l l\ i I I!\ I 'J:.\l\l l ("!l\11'·\I\:\'-,ind 1,l·Vf·l f>l'I.R~ ~l,l<I I\ A ,I) INllLMl,J \ 1 I 1.\11'.\'-;)' ,~•-llc,'l"<!I\ ·( 1111,r,m,.-·1<,11 -,,1c.-ml>1:1 l ~••~~ Rl·\I 11.\ 1,1\ thal ~,11n /.az:i ~vmor v,_·, l'.H' 1d~w ~~IJ:.!): 1,,,d,•(.\\I '" &~ \J.~£.J'r~s,.,k!ll ~d.:rwr~\mH, H:JJ ( I,!:£ 1,.,w~m· FM-.:qtivc I lmkm111,·1 'iu11·h ,.1d1 ;,n ,·mplove~ nf J\111 I n,,1 . 'onh \m..,r,;.•il Inc dn allilraic 01 rh.: t,in1pan, (th~ ·'ALrtht•tl/Cd ~11,morr,"J J1, J1~i;l,} -,,uth;;n,cl.: tc 1 1.·,c(~n.:-a l\.1\,-c;· or ,\uornc:, 4utlhf int'.; ~:th1tn~~\t«;j·1n~fo._~1 nam1;d 111 tilt.. p.,_h-\~1 \: \ h,~nc~ ltt -:,e .. ul..:. 011 hd1,1!J o: lh· c•,,mpan~ hnnd,. un<lcr1akin~~ an,l ,·o:itr.1C1~ 1,1 •urc1,,h1p u- 11th,·• ,,rr.1v~h1p ,,bfl!!.111nn~. an,1 tha1 the .·,crew~· r>r Jl1\ ,\s;1si~nl s~~rctar. ,,f'Jl·c ( ,1mpam 1,, .m,l ,·ach 1111!,,.11, he,,h 1s. a11thur11c<l 1114lte,t rh~ cxrcu111•n <'r°an~ ~u,h l'uwcr of \nom1·, RL'.s(.tJ \'rll. that the Sl!.'.ll:11un· ,1!".10~ On.' ul th,• ,\ulhom:c,t .!!:Fl<'" ,ind the 'icuerar. ,,1 am ,\\~ISt.1111 ' Cnet;11'\ l•flhc l•lllp..111\. >m<i ·lw: I nl t11c <.,,mp,m~ muSI he ,1fi1wd to an~- such Ptl\,cl of Annmcy. ;m,l ,l'l\ ,ud; ,1,;ru1ure ,)r ~ca,I ,n11• b.· aff1xcJ P\ h,c,nmlc "''d .,11d1 Pl•"• 1 11 \ 111" ~,·, ,hall bi- ,·ulid and omdmf. upOn 1he Lomp.111) when Ml a1fixc,i a11J 111 rhc future wnh rc,pc-.:t tu un, hond undc11akrn1e"' c1111J1dd of ,u,,•1, , h,p "' "11 i, h 11 ,~ ana,·hed
IN WI r-;U,S \\'111.f{!,OF, C \lRIJ'fJlK IT l',SIJR,\!\Cl-' l ! l\11''\'.\) .11,d [J:·VU.ClPJ·R'- SI 'K[Tv' -\\111 l!\l,!-MNtrY l• >l'-11' \.'.\) t,.,w 1-a1,~l 1!.e.1< p,c.scm~ '" llt..· ,1r1w1l b\· 11)(,: -\olh(tl I/A'\• Stpl n, i.11 llt~"il .. ,I '\ l'h. It "c,r.·1J:r\ 1)1' ... ~!\1,mt t..r1 I •I.tr 1h1~ December 5, 2022 1,1k Senior Vice Pre side nt. Surety
• 1 \ 11 I Ii CalJforn,a 1 1) '\ii, (JI )r~ II''
e 111 1111~, 1..:·H- • .., ,l:" or ~ • .,..,, ~..-'\!.'fC.il \_A,. _ _ :"1 1-l ilclor(' m, ,,.,··.""5.. ,.,, ~ . .,...,c.,_ ~ 1x-r,l,n.ill .ip1.,..J1..:d Sam Zaza \\h" pu•, u I<• 111, 1,11 rho: ht..~1~ 1•! '<>ltl~li\,<or\ c\ 1Jr:n,..- h• l>. ·he rersc,n wl1(,se 1tmT11' "\Ubs.:111..:tl !tt \\•1th111 tlw ln\Uum,•nf .m<I ,1d:1, \,·lcJ>:c,I h ,.,,. 1h .. n they L·>.ccuh:d 111<· ,;;imc 1n 111,11 outh11nzc.t ,;,pJcll). ,md 1hu1 h1 tilt. ,1,rn11t,ir.: ,,n 1lw 111stmm,·111 th.: cntmcs upon t,chJI I ,, hKh lhc pcrwn ,,:,(, ct , ,._., ,.ucd th1, ms11u,11cr11
( (ll{l'OH \ 11. C I I< 111 I( \ I 10'-
l he u11d(r,1..;11<"tl. th,• ·cc-r 'lllr\ ur i\"1,t,ir,1 'nr.-t,11 11. I• , I. ., u\" t , l)\-1!'·\ ·J\ :om! 111 \· I I IJl"I I <. ,1 I( I·, \' l~f)I ~-1'<1 I y t·o;,,11':\1 Y. ,hot:, t ,·1d>1 .-c,111} ,hal the l'h)\ 1''1,111' "' th,· ,_.,uluuon, l'I 111~ 1,·,,•ccrJ\' 11,,,Jld~ >l 1)11c<J,,,,.,1 ,.11.t ,,'i'Jl<ll,tll\Jlh ~,-, 1, 1,h If. rh1~ PP\\,:r ol ,\tlumc, ,m: in fon,· ,t~ M lh, d~tc t'l 1111, 1 crt1l1ctl1un Pt . .'~ ,- NIA
22 The undersigned declares:

SECTION 00420

NON-COLLUSION DECLARATION
I am the _Own_e_r ____ of Har1>o,coat,nganc1Resl0(8 00 , the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.

The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true.

The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 11114123 (date], at Orange (city], Ca (state].

Name of Bidder_M_ah_m_o_ud_M_e_rz_i _______ _
Signature 7n.:d»tAud/?'fu,r:Ji
Name Mahmoud Merzl
Title Owner
Dated 11114123

END OF NON-COLLUSION OECLARA TION
21 23
SECTION 00430

CONTRACTOR INFORMATION AND EXPERIENCE FORM
A. INFORMATION ABOUT BIDDER
"*Failure to complete all information may render your bid nonresponsive - indicate not applicable ("NIA") where appropriate.**
NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.

1.0 2.0

3.0 4.0

5.0 Name of Bidder: Harbor coating and Restoration
Type, if Entity: Sole owner
Bidder Address: 625 W Katella Ave #5 orange Ca 92867
Facsimile Number ______ Telephone Number760-500-9264
Email Address [email protected]
Website Address _________________ _
How many years has Bidder's organization been in business as a Contractor? 36yeas
How many years has Bidder's organization been in business under its present name? _3_6-'--ye_a_rs ________ _

5.1 Under what other or former names has Bidder's organization operated? lndeustrial coating and restoration

6.0 If Bidder's organization is a corporation, answer the following:

6.1 Date of Incorporation:

6.2 State of Incorporation:

6.3 President's/CEO Name:

6.4 Vice President's Name(s):

6.5 Secretary's Name:

6.6 Treasurer's Name:

7.0 If an individual or a partnership, answer the following:
22 24

8.0 9.0
SECTION 00430

CONTRACTOR INFORMATION AND EXPERIENCE FORM

7.1 Date of Organization: _N_tA _______________ _

7.2 Name and address of all partners (state whether general or limited partnership):

If other than a corporation or partnership, describe organization and name principals:

Mahmoud Merzi
List other states in which Bidder's organization is legally qualified to do business.

Arizona

10.0 What type of work does the Bidder normally perform with its own forces? Concret repair and painting and more

11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
no

12.0 Has the Bidder ever been in default, debarred or suspended in any way? If so, note when and why:

13.0 Within the last five years, has any officer or partner of Bidder's organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:

14.0 List Trade References (Materials Suppliers, Vendors, Union Representatives, etc.:

Sunchine suppply
Dun edward pain!
55452.01510\32905704.2
23 SECTION 00430

CONTRACTOR INFORMATION AND EXPERIENCE
FORM
25 SECTION 00430

CONTRACTOR INFORMATION ANO EXPERIENCE FORM

15.0 List Bank References (Bank and Branch Address):

Bank of America

16.0 Name of Bonding Company and Name and Address, email address and phone number of Agent:

Artison Bonding
55452.01510\32905704.2
24 SECTION 00430
CONTRACTOR INFORMATION AND ExPERIENCE
FORM
26 SECTION 00430

C ONTRACTOR INFORMATION AND EXPERIENCE FORM
B. LIST OF CURRENT PROJECTS (BACKLOG)
**Duplicate Page if needed for listing additional current projects** Project and Description of
Client Contact Bidder's Work
Person and
Phone Number
City of Redland concret, painting
city of torrance bridge paint
City Corona tank paint
55452.01510\32905704.2
Completion Date Cost of Amounted
Dec/16/23
11/10/23
01 /01 /24
25 Bidder's Work Bonded
200K 400K
40k 137,735
30k 86000.00
SECTION 00430

C ONTRACTOR INFORMATION AND EXPERIENCE
FORM
27 SECTION 00430

CONTRACTOR INFORMATION AND EXPERIENCE FORM
C. LIST OF COMPLETED PROJECTS LAST THREE YEARS
**Duplicate Page if needed for listing additional completed projects** Please include only those projects which are similar enough to demonstrate Bidder's ability to perform the required Work.

Client Description of Bidder's
Work
See Attachement
26 55452.01510\32905704.2
Period of Cost of Contact Name &
Performance Bidder's Work Phone
SECTION 00430
CONTRACTOR INFORMATION AND ExPERIENCE
FORM
28 HCR

PUBLIC WORKS

COMPLETED

CONTRACTS

DATE CONTRACTED

COMPLETED OWNER INFORMATION
City of San Clemente
910 Calle Negocio, CA 92673
Housing Authority of San Bernardino
County
715 E. Brier Drive
San Bernardino, CA 92408
Sep-23 Phone/Fax: (909) 332-6341
City of Santa Clarita
Sep-23 23920 Valencia Boulevard Santa Clarita
Oceanside Unified School District
2111 Mission Ave Bldg E
Sep-23 Oceanside, Ca 92054
County of Los Angeles
500 W. Temple Street Rm.464
Los Angeles, CA 90012
Beachs and Harbors
Auditor-Controler-Shared servies
320 West Temple street Suit#380
Sep-23 Los Angeles, Ca 92867
City of Orange
300 E. Chapman
Apr-23 Orange, CA. 92866
National City

ENGINEERING DEPARTMENT
1243 NATIONAL CITY BOULEVARD,
May-23 NATIONAL CITY, CA 91950
Eastern Municipal Water District
2270 Trumble Road
Jan-23 Perris, CA 92572
California Parks & Rec
Colorado Desert District
200 Palm Canyon Drive
Nov-22 Borrego Springs, CA 92004

CONTACT INFORMATION
Amir K. Ilkhanipour, P.E.
910 Calle Negocio, CA 9267
Office: 949.361.6140 I Cell:

E-mail: IlkhanipourA@san-c
Belgin Cahadaroqlu
Jesus Medina
[email protected]
(909)890-0644 Ext. 6331
Mariela Delgado
661-286-4066
M DELADO@sa nta-cla rita .com
Christopher Altstatt
760-966-4427
ch ristopher .a ltstatt@osid e. us
Bryce Kiriyama
323-267-2299
[email protected]
Jose Bedolla
424-526-7861
[email protected]
Fernando Rubio
213-224-9319
[email protected]
Josh Soliz
jsoliz@cityofora nge. org
(714) 744-5588
Dennis Davies
d d avis@n ationa lcityca .gov
619.887-1002
Bob Lomas
[email protected]
(951) 300-6768
Anthony McGhee
[email protected].
gov
619-318-7808
29 TYPE OF WORK

AMOUNT OF

CONTRACT
$51,000.00
hange order 1: $7,600.00
Construction Contract for T street Pedestrian a $58,600.00 $189,730.00
Change Orderl: $1832.40
PC1304 ADA Unit Upland, RAD Change Order 2: $2,887.08
Unit ADA Conversion $194,449.48
LMD-22-23-49 Painting $170,390.00
2023-01-154B
Project Id: 1006811797
Fence Painting $44,000.00
RFB-IS-23200686
Order #PO-BH -23009081-1
DECK REPAIR AND COATING $50,224.35
Bid No. 21-22.37; SP-4117; Fire Station 2 and 4
Remodel $94,311.66.

Police Department Parking
Structure Waterproofing
CIP NO. 22-42 $189,730.00
Repainting 72 Fire Hydrants $48,027.00
Cuyamaca Rancho State Park, Residence 13, Siding
Replacement Project-C21940015 $159,514.00
30 California Conservation Corps Darin Stone
1719 24th Street (916) 341-3241
Nov-22 Sacramento, CA 95816 [email protected]
City of Poway Danielle McIntosh
14467 Lake Poway Road, Poway 858-668-4729
Oct-22 92064 [email protected]
The Housing Authority of San
Bernardino Jesus Medina
715 E Brier Drive, San Bernardino [email protected]
Sep-22 92408 (909)890-0644 Ext. 6331
Bryce Kiriyama
[email protected]
Aug-22 County of Los Angeles (323) 267-2299
Cajon Valley Unified School District Teri Svacina
225 Roanoke Road [email protected]
Aug-22 El Cajon, CA 92020 (619) 588-3001
Los Angeles County Development
Authority Janice Ellis
700 W. Main Street [email protected]
May-22 Alhambra, CA 91801 (626) 586-1793
Keven Strasburg
City of Santa Barbara kstrasburg@santabarbaraca.
630 Garden St, Santa Barbara, CA gov
Apr-22 93101 805-897-1906
Carlos Sanchez
City of Santa Barbara CESanchez@santabarbaraca.
630 Garden St, Santa Barbara, CA gov
Apr-22 93101 (805) 451-4090
California Highway Patrol Karen Mejia
601 North 7th Street, Bldg. B [email protected]
Apr-22 Sacramento, CA 95811 916-843-3826
Anaheim Unified High School District Albert Guerrero
501 Crescent Way [email protected]
Aug-21 Anaheim, CA 92801 714-328-8690
Joseph Carrillo
San Bernardino MWD [email protected]
Apr-21 Chandler Pl, San Bernardino, CA 92408 909-501-9019 Saddleback Community College Curtis Guy
28000 Marguerite Pkwy [email protected]
Apr-21 Mission Viejo, CA. 92692 Phone: (949) 582-4880
City of Bellflower Bernie Iniguez
16600 Civic Center Dr, Bellflower, CA [email protected] Mar-21 90706 562-804-1424
City of Poway Roger Morrison
14467 Lake Poway Road, Poway, CA RM [email protected]
Jan-21 92064 858-668-4581
City of Poway Dona Valentino
14467 Lake Poway Road, Poway, CA [email protected]
Dec-20 92064 858-664-4 704
31 Replacing doors, window and fascia $94,000.00
$93000.00
City Facilities Painting 2021-22 $95,770.00 (w/ Change
Exterior painting of 6 buildings & decorative items Orders) $97730.00
$106,030 (w/Change
Replacing Fascia/ Painting Orders)
Repainting of Microwave Tower Antenna $33,730.00
Repainting of 2 schools - Emerald Elementary/
Greenfield MS $189,000.00
$498,363.84
Demo and rehabilitation of 42-unit kitchens of $530,575.89 (w/Change federal housing. Orders)
$96,000.00
$105,600.00 (w/Change
Dance floor wood repairs and coating Orders)
Re-seal of caulking and joints on above ground
chime tank $17,730.00
Exterior re-coating of above-ground fuel storage
tank $17,730.00
Re-coating of All exterior surfaces (of buildings and
overhangs) at Gilbert High School $107,000.00
$332,00.00
Exterior coating of GAC vessels & appurtenances $373,884.37 (w/Change at various water tanks. Orders)
Interior painting of college classrooms, staircase
and installation of wall guards $32,730.00
Resurfacing and interior painting of the
gymnasium at Simms Park $28,000.00
Swim Center Deck Coating using TuffCoat Material $78,045.00 Exterior re-coating of various facility buildings $85,273.00 32 San Bernardino Housing Authority
715 E. Brier Drive San Bernardino, CA Donald Campbell
Apr-20 92408 dca [email protected] m
City of Hesperia David Burkett
9700 Seventh Ave. [email protected]
Sep-19 Hesperia, CA 92345 760-947-1202
City of San Clemente Ryan Shawn
910 Calle Negocio [email protected]
Feb-19 San Clemente, CA 92673 949-426-5426
33 Federal housing window replacement $74,730.00
Exterior steel tube coating at the city hall $105,000.00 Exterior structural painting & waterproofing
project $367,000.00
34 SECTION 00430

CONTRACTOR INFORMATION AND EXPERIENCE FORM
D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:

The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.

1. List each person's job title, name and percent of time to be allocated to this project:

Mahmoud Merzi project manager

2. Summarize each person's specialized education:

Mahmoud Merzi engeniring

3. List each person's years of construction experience relevant to the project:

Haitham mirza 20 years
David Apex 20 years

4. Summarize such experience:

Harbor coating and Restoration has been in business since 1985 license Bidder agrees that any personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by City.
27 55452.01510\32905704.2
SECTION 00430

CONTRACTOR INFORMATION AND EXPERIENCE
FORM
35 SECTION 00430

CONTRACTOR INFORMATION AND EXPERIENCE FORM
Additional Bidder's Statements:

If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:

E. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:

I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:

Name of Bidder Harbor coating and Restoration
Signature ~ud»fu,;y·
Name Mahmoud Merzi
Title Owner
Dated 11 /14/23

END OF CONTRACTOR INFORMATION AND EXPERIENCE FORM
28 55452.01510\32905704.2
S ECTION 00430
CONTRACTOR INFORMATION AND 0<PERIENCE
FORM
36 SECTION 00440

LIST OF SUBCONTRACTORS FORM
In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, each bidder shall set forth below: (a) the name and the location of the place of business, (b) the California contractor license number and DIR registration number, and (c) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work in an amount in excess of one-half of one percent (1/2%) of the Contractor's Total Bid Price. Notwithstanding the foregoing, if the work involves streets and highways, then the Contractor shall list each subcontractor who will perform work or labor or render service to Contractor in or about the work in an amount in excess of one-half of one percent (1/2%) of the Contractor's Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.

If no subcontractor is specified, for a portion of the work, or if more than one subcontractor is specified for the same portion of Work, then the Contractor shall be deemed to have agreed that it is fully qualified to perform that Work, and that it shall perform that portion itself. The Prime Contractor is required to complete at least over 50% of the contract value with its own forces.

Work to be done
by Location of
Subcontractor Subcontractor Business
none
29 55452.01510\32905704.2
CSLB Contractor
License No.

DIR Registration % of the
Number Work
SECTION 00440

LIST OF SUBCONTRACTORS FORM
37 Work to be done
by
Subcontractor Subcontractor
None
30 55452.01510\32905704.2
SECTION 00440

LIST OF SUBCONTRACTORS FORM
CSLB Contractor
Location of License No.

Business
SECTION 00440

LIST OF S UBCONTRACTORS FORM
DIR Registration % of the
Number Work
38 SECTION 00440

LIST OF SUBCONTRACTORS FORM
Work to be done CSLB Contractor DIR Registration % of the by Location of License No. Number Work Subcontractor Subcontractor Business None
In addition to submitting this Designation of Subcontractor form with its bid submission, each bidder shall, within 24 hours of the bid submission deadline, provide the City with a list of bid items that correspond to the portion of work listed for each designated subcontractor. Failure to provide this information within the time prescribed may be cause for the City to deem the Bid non-responsive and the City may reject the Bid.

Name of Bidder Mahmoud Merzi
Signature ~udflfu.-&.

Name Mahmoud Merzi
-----------------
Title. Owner
Dated 11/14/23
55452.01510\32905704.2

END OF LIST OF SUBCONTRACTORS FORM
31 SECTION 00440

LIST OF SUBCONTRACTORS FORM
39 SECTION 00450

IRAN CONTRACTING ACT CERTIFICATION
MUST BE SUBMITTED WITH BID PROPOSAL IF BID AMOUNT IS $1 ,000,000 OR MORE (Public Contract Code Section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor's status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
□ The Contractor is not:
(i) identified on the current list of persons and entities engc:ging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
(ii) a financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. □ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract. Documentation demonstrating the City's exemption approval is attached.

Signed: __ ~ ___ ud_nkv______, 6._'&,· ___ _
Titled:_+o~vwm'H'e!f'-r----------
Firm :. _ _._H .... a .... rh.,..o...,r...,c ... a""'at ..... iou.ig,,_...,a nu.,d.......,R...,e...,st ... o,...ra.,..tilMa ..... o__ Date: __ 1_1_/1_4_/2_3 ________ _
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.

END OF IRAN CONTRACTING ACT CERTIFICATION
32 55452.01510\32905704 .. 2
SECTION 00450

IRAN CONTRACTING ACT C ERTIFICATION
40 SECTION 00460

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771 .1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors· current registration with the Department of Industrial Relations to perform public work.

Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771 .1 and is currently registered as a contractor with the Department of Industrial Relations.

Name of Bidder: Harbor coating and Restoration
DIR Registration Number:_1_0_00_0_5_9_9_05 ______ _
Bidder further acknowledges:

1. Bidder shall maintain a current DIR registration for the duration of the project.

2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771 .1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Bidder Harbor coating and Restoration
Signature ~ud~ J"·
Name Mahmoud Merzi
Title Owner
Dated 11 /14/23

END OF PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION 33 55452.01510132905704.2
1"(&-&'5#-"/,
1"(&
41 1"(&-&'5#-"/,
1"(&
42 1"(&-&'5#-"/,
1"(&
43 55452.01510\32905704.2
37 SECTION 00610

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of San Clemente (hereinafter referred to as “City”) has awarded to ____________________________________________________, (hereinafter referred to as the “Contractor”) an agreement for ___________________________________________________ (hereinafter referred to as the “Project”).

NOW, THEREFORE, we, _______________________________________________________, the undersigned Contractor and
__________________________________________________as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of
____________________________________________________________________ DOLLARS and _____________________________ CENTS ($_________________________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including, if provided as part of the Contract Documents, the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the guarantee obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship the above obligation in penal sum thereof shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract Documents, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. 44 55452.01510\32905704.2
38 SECTION 00610

PERFORMANCE BOND
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract Documents and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract Documents and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project and the provisions of Section 2819 and 2845 of the California Civil Code. Without limiting the foregoing, such changes, extensions of time and alterations or additions shall include, but are not limited to, changes or alterations to the Contract Documents (including, without limitation, an increase in the total dollar amount of the Contract Documents), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of __________________________, 20___.

CONTRACTOR/PRINCIPAL
45 55452.01510\32905704.2
39 SECTION 00610

PERFORMANCE BOND
(Corporate Seal of Contractor/ _________________________________________ Principal, if a Corporation) Name of Contractor/Principal (Type or Print) By: ___________________________________
Name (Signature)
___________________________________
Name (Type or Print)
___________________________________
Title (Type or Print)
SURETY
(Seal of Surety) _________________________________________ Name of Surety (Type or Print)
By:____________________________________
Attorney-In-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety and ___________________________________________ Agent or Representative for service ___________________________________________ of process in California) ___________________________________________ 46 55452.01510\32905704.2
40 SECTION 00610

PERFORMANCE BOND
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ˜ Individual
˜ Corporate Officer
Title(s) Title or Type of Document
˜ Partner(s) ˜ Limited
˜ General Number of Pages
˜ Attorney-In-Fact
˜ Trustee(s)
˜ Guardian/Conservator Date of Document
˜ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

END OF PERFORMANCE BOND FORM
47 55452.01510\32905704.2
41 SECTION 00620

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of San Clemente (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____ has awarded to ______________________________ ______________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: ________________________________________ ____________________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said Contract Documents; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor, the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________________________ as Surety, are held and firmly bound unto the City in the penal sum of _ DOLLARS and
CENTS ($_________________________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract Documents, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 48 55452.01510\32905704.2
42 SECTION 00620

PAYMENT BOND
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract (including the Contract Documents), plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the Contract Documents, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

Notwithstanding any other provision of this bond, it is expressly understood, acknowledged and agreed that it shall provide all of the protections required by California Civil Code Sections 9550 through 9566, including the specific coverage protections required by Section 9554.

REMAINDER OF PAGE LEFT INTENTIONALLY BLANK

SIGNATURES ON FOLLOWING PAGE

49 55452.01510\32905704.2
43 SECTION 00620

PAYMENT BOND
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ______________________ 20______ the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

CONTRACTOR/PRINCIPAL
(Corporate Seal of Contractor/ _________________________________________ Principal, if a Corporation) Name of Contractor/Principal (Type or Print) By: ___________________________________
Name (Signature)
___________________________________
Name (Type or Print)
___________________________________
Title (Type or Print)
SURETY
(Seal of Surety) _________________________________________ Name of Surety (Type or Print)
By:____________________________________
Attorney-In-Fact

50 55452.01510\32905704.2
44 SECTION 00620

PAYMENT BOND
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

END OF PAYMENT BOND FORM
51 55452.01510\32905704.2
45 SECTION 00700

GENERAL CONDITIONS
ARTICLE 1. DEFINITIONS
a. Acceptable, Acceptance or words of similar import shall be understood to be the acceptance of the Engineer and/or City.
b. Act of God is an earthquake in excess of a magnitude of 3.5 on the Richter scale and tidal waves.
c. Approval means written authorization by Engineer and/or City. d. Contract Documents includes all documents as stated in the Contract. e. City and Contractor are those stated in the Contract. The terms City and Owner may be used interchangeably.
f. Day shall mean working day unless otherwise specifically designated. g. Engineer shall mean the City Manager, or his or her designee, of the City, acting either directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as “City’s Representative” or “Representative” in the Contract Documents. h. Equal, Equivalent, Satisfactory, Directed, Designated, Selected, As Required and similar words shall mean the written approval, selection, satisfaction, direction, or similar action of the Engineer and/or City.
i. Indicated, Shown, Detailed, Noted, Scheduled or words of similar meaning shall mean that reference is made to the drawings, unless otherwise noted. It shall be understood that the direction, designation, selection, or similar import of the Engineer and/or City is intended, unless stated otherwise. j. Install means the complete installation of any item, equipment or material. k. Material shall include machinery, equipment, manufactured articles, or construction such as form work, fasteners, etc., and any other classes of material to be furnished in connection with the Contract. All materials shall be new unless specified otherwise.
l. Perform shall mean that the Contractor, at Contractor’s expense, shall take all actions necessary to complete The Work, including furnishing of necessary labor, tools, and equipment, and providing and installing Materials that are indicated, specified, or required to complete such performance.
m. Project is The Work planned by City as provided in the Contract Documents. n. Provide shall include provide, complete in place, that is furnish, install, test and make ready for use.
52 55452.01510\32905704.2
46 SECTION 00700

GENERAL CONDITIONS
o. Recyclable Waste Materials shall mean materials removed from the Project site which are required to be diverted to a recycling center rather than an area landfill.

Recyclable Waste Materials include but are not necessarily limited to asphalt, concrete, brick, concrete block, and rock.
p. Specifications means that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the work. Except for Sections 1-9 of the Standard Specifications for Public Works Construction (“Greenbook”), 2021 Edition, which are specifically excluded from incorporation into these Contract Documents, the Work shall be done in accordance with the Greenbook, including all current supplements, addenda, and revisions thereof, as well as other applicable standards which may be referenced in the Contract Documents. In the case of conflict between the Greenbook and the Contract Documents, the Contract Documents shall prevail.
q. The Work means the entire improvement planned by City pursuant to the Contract Documents.
r. Work means labor, equipment and materials incorporated in, or to be incorporated in the construction covered by the Contract Documents.

ARTICLE 2. CONTRACT DOCUMENTS
a. Intent of Contract Documents. The intent of the Contract Documents is to prescribe a complete work of improvement which Contractor shall perform or cause to be performed in a manner acceptable to the Engineer and in full compliance with all codes and the terms of this Agreement. Contractor shall complete a functional or operable improvement or facility, even though the Contract Documents may not specifically call out all items of work required for the Contractor to complete its tasks, incidental appurtenances, materials, and the like.

If any omissions are made of information necessary to carry out the full intent and meaning of the Contract Documents, Contractor shall immediately seek approval of the Engineer for furnishing detailed instructions. Further, prior to commencing performance of any work hereunder, Contractor shall cooperate with and assist the City to identify and make any refinements to the description and scope of the work that may be necessary to achieve City’s goals hereunder. In the event of any doubt or question arising regarding the true meaning of any of the Contract Documents or any portion thereof, reference shall be made to the Engineer whose decision thereon shall be final.
b. Interpretations. The Contract Documents are intended to be fully cooperative and to be complementary. If Contractor observes that any documents are in conflict, the Contractor shall promptly notify the Engineer in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:
1) Change Orders or Work Change Directives
2) Addenda
3) Special Provisions (or Special Conditions)
53 55452.01510\32905704.2
47 SECTION 00700

GENERAL CONDITIONS
4) Technical Specifications
5) Plans (Contract Drawings)
6) Contract
7) General Conditions
8) Instructions to Bidders
9) Notice Inviting Bids
10) Contractor’s Bid Forms
11) Greenbook Standard Specifications (Sections 1-9 Excluded) 12) Standard Plans
13) Reference Documents
With reference to the Drawings, the order of precedence shall be as follows:
1) Figures govern over scaled dimensions
2) Detail drawings govern over general drawings
3) Addenda or Change Order drawings govern over Contract Drawings 4) Contract Drawings govern over Standard Drawings
5) Contract Drawings govern over Shop Drawings
c. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard shall always apply. d. Organization of Contract Documents. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing The Work among subcontractors or in establishing the extent of Work to be performed by any trade.

ARTICLE 3. CONTRACTS DOCUMENTS: COPIES & MAINTENANCE
Contractor will be furnished, free of charge, two (2) copies of the Contract Documents. Additional copies may be obtained at cost of reproduction.

Contractor shall maintain a clean, undamaged set of Contract Documents at the Project site.

ARTICLE 4. DETAIL DRAWINGS AND INSTRUCTIONS
a. Examination of Contract Documents. Before commencing any portion of The Work, Contractor shall again carefully examine all applicable Contract Documents, 54 55452.01510\32905704.2
48 SECTION 00700

GENERAL CONDITIONS
the Project site and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements.
b. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work.
c. Quality of Parts, Construction and Finish. All parts of The Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish. In no case shall Contractor proceed with The Work without obtaining first from the Engineer such Approval may be necessary for the proper performance of Work.
d. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all applicable laws, ordinances, rules and regulations, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense.

ARTICLE 5. EXISTENCE OF UTILITIES AT THE WORK SITE
a. City has endeavored to determine the existence of utilities at the Project site from the records of the owners of known utilities in the vicinity of the Project. The positions of these utilities as derived from such records are shown on the Plans. b. No excavations were made to verify the locations shown for underground utilities.

No guarantee is made or implied that the information is complete or accurate. It shall be the Contractor’s responsibility alone to determine the exact location of underground utilities or substructures of every nature and to protect them from damage.
c. The service connections to these utilities are not shown on the plans. It shall be the responsibility of the Contractor to determine the exact location of all service connections and, if necessary, Contractor shall arrange for the relocation of service connections. The Contractor shall make its own investigations, including exploratory excavations, to determine the locations and type of service connections, prior to commencing Work which could result in damage to such utilities. The Contractor shall immediately notify City in writing of any utility discovered in a different position than shown on the Plans or which is not shown on the Plans.
55 55452.01510\32905704.2
49 SECTION 00700

GENERAL CONDITIONS
d. All water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to final grade by the Contractor. Locations of existing utilities shown on the Plans are approximate and may not be complete. The Contractor shall be responsible for coordinating its Work with all utility companies during the construction of The Work. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations e. Notwithstanding the above, pursuant to Section 4215 of the Government Code, City has the responsibility to identify, with reasonable accuracy, main or trunkline facilities on the plans and specifications. In the event that main or trunkline utility facilities are not identified with reasonable accuracy in the plans and specifications made a part of the invitation for bids, City shall assume the responsibility for their timely removal, relocation, or protection.
f. Contractor, except in an emergency, shall contact the appropriate regional notification center, Southern California Underground Service Alert at 1-800-227- 2600 at least two working days prior to commencing any excavation if the excavation will be performed in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by City, and obtain an inquiry identification number from that notification center. No excavation shall be commenced or carried out by the Contractor unless such an inquiry identification number has been assigned to the Contractor or any subcontractor of the Contractor and City has been given the identification number by the Contractor.

ARTICLE 6. SCHEDULE
a. Planned Schedule.. Contractor shall prepare a proposed Project schedule and shall submit this for approval to the Engineer at the pre-construction meeting or as otherwise provided in the Special Provisions. The Engineer shall promptly provide written acceptance of the proposed schedule, or notify Contractor that the proposed schedule is not acceptable with accompanying explanation. In such case Contractor shall revise and re-submit an updated schedule within five (5) working days of the Engineer’s notification. The receipt or Approval of any schedules by the Engineer or City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project. Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract time period. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the Engineer.
b. Schedule Contents. The schedule shall allow enough time for inclement weather.

The schedule shall specify the progression of activities from the date of the Notice to Proceed to the end of the Contract Time, indicate the beginning and completion dates of all phases of construction; the order in which the Contractor proposes to carry out the work, critical path for all critical, sequential time related activities; and 56 55452.01510\32905704.2
50 SECTION 00700

GENERAL CONDITIONS
“float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall include appropriate time allowances and constraints for submittals, permits, inspections, performance and material testing, and work that may be required by others for the completion of the Contractor’s work. The schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Project within the time specified for completion. The schedule(s) submitted shall be consistent in all respects with the completion time requirements and any order of work requirements set forth in the Contract Documents.
c. Schedule Updates. Contractor shall continuously update its construction schedule, and shall provide to the Engineer full information in advance as to the Contractor’s plans for carrying out any part of the work. Contractor shall submit an updated and accurate construction schedule to the Engineer whenever requested to do so by Engineer and with each progress payment request. The Engineer may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule.

ARTICLE 7. SUBSTITUTIONS
a. Pursuant to Public Contract Code Section 3400(b) City may make a finding that is described in the invitation for bids that designates certain products, things, or services by specific brand or trade name.
b. Unless specifically designated in the Contract Documents, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in the Contract Documents. However, City may have adopted certain uniform standards for certain materials, processes and articles. c. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with the Contractor. City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted.
d. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from the Contractor stating that, and describing how, the substituted “or equal” material, process or article is 57 55452.01510\32905704.2
51 SECTION 00700

GENERAL CONDITIONS
equivalent to that specified in every way except as listed on the affidavit.

Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to City in a timely fashion will result in the rejection of the proposed substitution.
e. The Contractor shall bear all of City’s costs associated with the review of substitution requests.
f. The Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article.
g. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

ARTICLE 8. SHOP DRAWINGS
a. Contractor shall check and verify all field measurements and shall submit with such promptness as to provide adequate time for review and cause no delay in his own Work or in that of any other contractor, subcontractor, or worker on the Project, six (6) copies of all shop or setting drawings, calculations, schedules, and materials list, and all other provisions required by the Contract. Contractor shall sign all submittals affirming that submittals have been reviewed and approved by Contractor prior to submission to Engineer. Each signed submittal shall affirm that the submittal meets all the requirements of the Contract Documents except as specifically and clearly noted and listed on the cover sheet of the submittal. b. Contractor shall make any corrections required by the Engineer, and file with the Engineer six (6) corrected copies each, and furnish such other copies as may be needed for completion of the Work. Engineer’s approval of shop drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called Engineer’s attention to such deviations at time of submission and has secured the Engineer’s written Approval.

Engineer’s Approval of shop drawings shall not relieve Contractor from responsibility for errors in shop drawings.

ARTICLE 9. SUBMITTALS
a. Contractor shall furnish to the Engineer for approval, prior to purchasing or commencing any Work, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the specifications. The log shall indicate whether samples will be provided in accordance with other provisions of this Contract.
b. Contractor will provide samples and submittals, together with catalogs and supporting data required by the Engineer, to the Engineer within a reasonable time period to provide for adequate review and avoid delays in the Work. 58 55452.01510\32905704.2
52 SECTION 00700

GENERAL CONDITIONS
c. These requirements shall not authorize any extension of time for performance of this Contract. Engineer will check and approve such samples, but only for conformance with design concept of work and for compliance with information given in the Contract Documents. Work shall be in accordance with approved samples and submittals.

ARTICLE 10. MATERIALS
a. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this Contract within specified time.
b. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.
c. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of The Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work. d. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion of all work to deliver the Project, to City free from any claims, liens, or charges. e. Materials shall be stored on the Project site in such manner so as not to interfere with any operations of City or any independent contractor.

ARTICLE 11. CONTRACTOR’S SUPERVISION
Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent approved by City. Superintendent must be able to proficiently speak, read and write in English. Contractor shall continuously provide efficient supervision of the Project.

ARTICLE 12. WORKERS
a. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.
b. Any employee of the Contractor whom City determines is incompetent or unfit shall be removed from this Project.
59 55452.01510\32905704.2
53 SECTION 00700

GENERAL CONDITIONS
ARTICLE 13. SUBCONTRACTORS
a. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor’s portion of The Work. All subcontracts entered into by Contractor relating to any of the Work under this Contract shall comply with and be limited to the extent required by Civil Code section 2872.05. Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and City. b. City reserves the right to approve all subcontractors. City’s Approval of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.
c. Prior to substituting any subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.

ARTICLE 14. PERMITS AND LICENSES
Permits and licenses necessary for prosecution of The Work shall be secured and paid for by Contractor, unless otherwise specified in the Contract Documents. a. Contractor shall obtain and pay for all other permits and licenses required for The Work, including excavation permit and for plumbing, mechanical and electrical work and for operations in or over public streets or right of way under jurisdiction of public agencies other than City.
b. The Contractor shall arrange and pay for all off-site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by governing authorities, except for such off-site inspections delineated as City's responsibility pursuant to the Contract Documents. c. Before Acceptance of the Project, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to City.

ARTICLE 15. UTILITY USAGE
a. All temporary utilities, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor.

Contractor shall provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on The Work where the utility is needed. Upon completion of The Work, Contractor shall remove all temporary distribution systems.
b. Contractor shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Project.
60 55452.01510\32905704.2
54 SECTION 00700

GENERAL CONDITIONS
c. All permanent meters Installed shall be listed in the Contractor’s name until the Work is accepted.
d. If the Contract is for construction in existing facilities, Contractor may, with prior written Approval of City, use City’s existing utilities by compensating City for utilities used by Contractor.

ARTICLE 16. INSPECTION FEES FOR PERMANENT UTILITIES
All inspection fees and other municipal charges for permanent utilities including, but not limited to, sewer, electrical, phone, gas, water, and irrigation shall be paid for by City. Contractor shall be responsible for arranging the payment of such fees, but inspection fees and other municipal fees relating to permanent utilities shall be paid by City. Contractor may either request reimbursement from City for such fees, or shall be responsible for arranging and coordination with City for the payment of such fees.

ARTICLE 17. TRENCHES
a. Trenches Five Feet or More in Depth. The Contractor shall submit to City, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of any trench or trenches five feet or more in depth. If the plan varies from shoring system standards, the plan shall be prepared by a registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations.
b. Excavations Deeper than Four Feet. If work under this Contract involves digging trenches or other excavation that extends deeper than four feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any:
1) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
2) Subsurface or latent physical conditions at the site differing from those indicated.
3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of The Work, shall issue a change order under the procedures described in the Contract Documents.

In the event that a dispute arises between City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s 61 55452.01510\32905704.2
55 SECTION 00700

GENERAL CONDITIONS
cost of, or time required for, performance of any part of The Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.

ARTICLE 18. DIVERSION OF RECYCLABLE WASTE MATERIALS
Per the City’s solid waste reduction and recycling requirements found in Chapter 8.69 of the Municipal Code of the City of San Clemente, the Contractor must reuse, recycle, or divert at least 75% of construction and demolition (C&D) debris generated on this project. Contractor must either: a) contract for solid waste handling services from the City's authorized franchise solid waste hauler (CR&R Waste Services, www.crrwasteservices.com, 877-728-0446) and provide written evidence that the City's franchise waste hauler will be providing C&D material collection services to Contractor for this project; or b) submit a Waste Management Plan and associated fee and deposit per the Waste Management Plan requirements found in Appendix 2. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.

ARTICLE 19. REMOVAL OF HAZARDOUS MATERIALS
Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials which have not been rendered harmless at the Project site, the Contractor shall immediately stop work at the affected Project site and shall report the condition to City in writing. City shall contract for any services required to directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required by the Project site(s), and shall not require the Contractor to subcontract for such services. The Work in the affected area shall not thereafter be resumed except by written agreement of City and Contractor.

ARTICLE 20. SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings for the use of all workers. All toilets shall comply with all applicable federal, state and local laws, codes, ordinances, and regulations.

Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by CAL-OSHA regulation. The toilets shall be maintained in a sanitary condition at all times. Use of toilet facilities in The Work under construction shall not be permitted.

Any other Sanitary Facilities required by CAL-OSHA shall be the responsibility of the Contractor.

ARTICLE 21. AIR POLLUTION CONTROL
Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes.

All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements.

Without limiting the foregoing, Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are broader, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City 62 55452.01510\32905704.2
56 SECTION 00700

GENERAL CONDITIONS
against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in Article 50.

ARTICLE 22. WATER QUALITY MANAGEMENT AND COMPLIANCE
a. Storm, surface, ground, nuisance, or other waters may be encountered at various times during the Work. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
b. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to San Diego Regional Water Quality Control Board Order No. R9-2013-0001 as amended by Order Nos. R9-2015-0001 and R9-2015-0100, and State Water Resources Control Board Order No. 2009-0009-DWQ as amended by Order Nos. 2010-0014-DWQ and Order No. 2012-0006-DWQ, and any amendment or renewal thereof.
c. Contractor shall comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Work is to be conducted, regarding discharges of storm water to separate storm drain systems or watercourses. These requirements include but are not limited to, all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”), the South Orange County Water Quality Improvement Plan (“WQIP”), and the City of San Clemente Jurisdictional Runoff Management Plan (“JRMP”), and the applicable Water Quality Management Plan (“WQMP”) for this project, if any. Sections 5, 7, and 8 of the DAMP contain requirements related to design and construction of public projects. Contractor shall be familiar the DAMP, WQIP, JRMP and any applicable WQMP, and shall comply with the requirements as specified therein. In the event these documents are revised or replaced in accordance with the requirements of a state or federal law, rule or permit that impacts the performance of the Work, Contractor shall comply with the revised or replaced requirements. Electronic copies of the DAMP, WQIP and JRMP are available online as follows:

DAMP: www.ocwatersheds.com/documents/damp
WQIP:
www.ocwatersheds.com/documents/south_oc_water_quality_improvement_plan _(wqip)
63 55452.01510\32905704.2
57 SECTION 00700

GENERAL CONDITIONS
JRMP: www.san-clemente.org/department-services/environmentalservices/water-quality/local-implementation-plan d. Contractor shall comply with all aspects of the State Water Resources Control Board (“State Board”) Water Quality Order No. 2009-0009-DWQ, National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, including any amendment or renewal thereof, (“Construction General Permit”) for all projects that involve construction on or disturbance of one acre or more of land or which are part of a larger common area of development.
e. City may require Contractor to file the Notice of Intent (“NOI”) and obtain coverage for the Project under the Construction General Permit. This may include filing all necessary documentation including the Permit Registration Documents (“PRDs”) through the Stormwater Multiple Applications and Report Tracking System (“SMARTS”); preparing and implementing a Storm Water Pollution Prevention Plan (“SWPPP”) for the Work site; implementing all other provisions, and monitoring and reporting requirements required by the Construction General Permit; and providing a Qualified SWPPP Developer (“QSD”) and Qualified SWPPP Practitioner (“QSP”), as necessary for all Work site activities, including but not limited to preparation and submittal of all reports, plans, inspections, and monitoring information in compliance with the Construction General Permit. City retains the right to develop its own documentation for the project site, including but not limited to the SWPPP, and in the alternative may require Contractor to adopt and implement portions of the City developed SWPPP. Specific requirements for the Work site shall be set forth in the Special Conditions. Contractor shall include all costs of compliance with specified requirements in the Contract amount. f. For those Work sites where construction activity results in the disturbance of less than one acre of total land area and/or do not need coverage under the Construction General Permit, the Contractor shall be responsible for preparing and implementing an Erosion and Sediment Control Plan in accordance with San Diego Regional Water Quality Control Board Order No. R9-2013-0001 as amended by Order Nos. R9-2015-0001 and R9-2015-0100 and any amendment or renewal thereof, and the City’s LIP and Orange County DAMP and any revision or replacement thereof.
g. Notwithstanding the above, before any PRDs, SWPPP, or other Construction General Permit related document may be submitted to the State Water Resources Control Board or implemented on the Work site, it must first be reviewed and approved by the City and/or the City’s designee. The City expressly reserves the right to procure coverage under the Construction General Permit for the Work site if Contractor fails to draft satisfactory PRDs or SWPPP or otherwise fails to proceed in a manner that complies with the requirements of the Construction General Permit. The City additionally reserves the right to hire additional contractors to maintain compliance at the Work site. Whether Contractor has adequately maintained compliance with the Construction General Permit shall be the City’s sole determination. Any costs incurred by the City in procuring coverage under the Construction General Permit, or drafting and/or implementing a SWPPP for the Work site shall be paid by Contractor.
64 55452.01510\32905704.2
58 SECTION 00700

GENERAL CONDITIONS
h. Failure to comply with laws, regulations, and ordinances listed in this Article 22 is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Work, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. i. City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any enforcement action and/or settlement reached between the City and any relevant enforcement entity. j. City may seek damages from Contractor for delay in completing the Work in accordance with the Contract Documents, caused by Contractor’s failure to comply with the laws, regulations and policies described in this Article 22, or any other relevant water quality law, regulation, or policy.

ARTICLE 23. CLEANING UP
a. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the premises. Upon completion of Work, Contractor shall clean the interior and exterior of the building or improvement including fixtures, equipment, walls, floors, ceilings, roofs, window sills and ledges, horizontal projections, and any areas where debris has collected so surfaces are free from foreign material or discoloration. Contractor shall clean and polish all glass, plumbing fixtures, and finish hardware and similar finish surfaces and equipment and contractor shall also remove temporary fencing, barricades, planking and construction toilet and similar temporary facilities from site. Contractor shall also clean all buildings, asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment.
b. Contractor shall fully clean up the site at the completion of The Work. If the Contractor fails to immediately clean up at the completion of The Work, City may do so and the cost of such clean up shall be charged back to the Contractor.

ARTICLE 24. LAYOUT AND FIELD ENGINEERING
All field engineering required for laying out The Work and establishing grades for earthwork operations, location and alignment of any and all site elements (buildings, paving, walks, fencing, furnishings, etc.) shall be furnished by the Contractor at its expense. A digital AutoCAD (version 2017) file shall be provided to the Contractor by the City indicating the location and layout of all site elements for the use by the Contractors surveyor. Layout shall be done by a registered civil engineer or a licensed land surveyor Approved by the Engineer. Any surveying necessary to establish the grade and line of the work is to be done by a properly licensed land surveyor retained 65 55452.01510\32905704.2
59 SECTION 00700

GENERAL CONDITIONS
by the contractor. Any required “as-built” drawings of the Work shall be prepared by the registered civil engineer.

ARTICLE 25. EXCESSIVE NOISE
a. The Contractor shall use only such equipment on the work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by CAL-OSHA.
b. The Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.

ARTICLE 26. TESTS AND INSPECTIONS
a. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority require any part of The Work to be tested or Approved, Contractor shall provide the Engineer at least two (2) working days notice of its readiness for observation or inspection. If inspection is by a public authority other than City, Contractor shall promptly inform City of the date fixed for such inspection.

Required certificates of inspection (or similar) shall be secured by Contractor.

Costs for City testing and City inspection shall be paid by City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor. b. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents.
c. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by City, and not by Contractor. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.
d. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify City so that City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into The Work. e. If the manufacture of materials to be inspected or tested will occur in a plant or location outside the geographic limits of City, the Contractor shall pay for any 66 55452.01510\32905704.2
60 SECTION 00700

GENERAL CONDITIONS
excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging. f. Reexamination of Work may be ordered by City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs.

ARTICLE 27. PROTECTION OF WORK AND PROPERTY
a. Contractor acknowledges and agrees that public safety is of utmost importance, and Contractor agrees that during the progress of the Work Contractor shall constantly protect and preserve the safety of the public. Contractor shall not unnecessarily cause inconvenience to the public during the progress of the Work and shall minimize the inconvenience caused by Contractor’s operations. Such operations include, but are not limited to, work performed on or adjacent to the Work site, traffic lane and pedestrian closures and deliveries of material and equipment.
b. The Contractor shall be responsible for all damages to persons or property that occur as a result of The Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by City. All Work shall be solely at the Contractor’s risk.

Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.
c. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or City. Any compensation claimed by Contractor on account of emergency work shall be determined by and agreed upon by City and the Contractor. d. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.
e. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by The Work operations. Contractor shall:
1) Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public. 67 55452.01510\32905704.2
61 SECTION 00700

GENERAL CONDITIONS
2) Provide substantial barricades around any shrubs or trees indicated to be preserved.
3) Deliver materials to the Project site over a route designated by the Engineer.
4) Provide any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, City shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor.
5) Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the Engineer. Contractor shall not unreasonably encumber the Project site with its materials.
6) Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by an approved civil engineer or land surveyor, at no cost to City. 7) Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to City.
8) Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way. 9) At the completion of work each day, leave the Project site in a clean, safe condition.
10) Comply with any stage construction and traffic handling plans. Access to residences and businesses shall be maintained at all times. f. These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefor.
g. Should damage to persons or property occur as a result of The Work, Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired.

City shall be entitled to inspect and copy any such documentation, video, or photographs.

ARTICLE 28. CONTRACTORS MEANS AND METHODS
Contractor is solely responsible for the means and methods utilized to perform the work. In no case shall the Contractor’s means and methods deviate from commonly used industry standards. 68 55452.01510\32905704.2
62 SECTION 00700

GENERAL CONDITIONS
ARTICLE 29. INSPECTOR’S FIELD OFFICE
“NOT APPLICABLE”
ARTICLE 30. STAGING AREA
The City has an area designated for use as staging for the Contractor. This staging area is shown on Appendix 6 of this Specifications.

The Staging Area shall be enclosed with a 6’ high fence with security fabric. The Contractor shall maintain an orderly and clean staging area at all times. Full compensation for the Staging Area shall be included in the unit prices bid for various items of work.

ARTICLE 31. AUTHORIZED REPRESENTATIVES
City shall designate representatives, who shall have the right to be present at the Project site at all times. City may designate an inspector who shall have the right to observe all of the Contractor’s Work. The inspector is not authorized to make changes in the Contract Documents.

The inspector shall not be responsible for the Contractor’s failure to carry out The Work in accordance with the Contract Documents. Contractor shall provide safe and proper facilities for such access.

ARTICLE 32. HOURS OF WORK
a. Eight (8) hours of work shall constitute a legal day’s work. The Contractor and each subcontractor shall forfeit, as penalty to City, twenty-five dollars ($25) for each worker employed in the execution of Work by the Contractor or any subcontractor for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, except as provided in Labor Code Section 1815. b. Unless otherwise provided in the Special Conditions, Work shall be accomplished on a regularly scheduled eight (8) hour per day work shift basis, Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m.
c. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project site, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on City-observed holidays, unless otherwise Approved by the Engineer:
1) Powered Vehicles
2) Construction Equipment
3) Loading and Unloading Vehicles
4) Domestic Power Tool.
69 55452.01510\32905704.2
63 SECTION 00700

GENERAL CONDITIONS
ARTICLE 33. PAYROLL RECORDS
a. Pursuant to Labor Code Section 1776, the Contractor and each subcontractor shall maintain weekly certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the work.

Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury. b. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement.
c. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by City. The Contractor shall also provide the following:
1) A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
2) A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the Department of Industrial Relations (“DIR”).
d. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE.
e. Any copy of records made available for inspection and furnished upon request to the public shall be marked or obliterated in such a manner as to prevent disclosure of an individual’s name, address, and social security number. The name and address of the Contractor or any subcontractor shall not be marked or obliterated. f. In the event of noncompliance with the requirements of this Section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying any item or actions necessary to ensure compliance with this section.

Should noncompliance still be evident after such ten (10) day period, the Contractor shall, as a penalty to City, forfeit one hundred dollars ($100.00) for each day, or portion thereof, for each worker until strict compliance is effectuated. Upon the request of the DIR, such penalties shall be withheld from contract payments.

ARTICLE 34. PREVAILING RATES OF WAGES
a. The Contractor is aware of the requirements of Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 70 55452.01510\32905704.2
64 SECTION 00700

GENERAL CONDITIONS
et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. In the alternative, the Contractor may view a copy of the prevailing rates of per diem wages at City. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
b. The Contractor and each subcontractor shall forfeit as a penalty to City not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Labor Code.

The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
c. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.

ARTICLE 35. EMPLOYMENT OF APPRENTICES
The Contractor’s attention is directed to the provisions of Sections 1777.5, 1777.6, and 1777.7 of the Labor Code concerning employment of apprentices by the Contractor or any subcontractor.

The Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Section 1777.5, 1777.6, and 1777.7 of the Labor Code. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, the Administrator of Apprenticeships, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

ARTICLE 36. CONTRACTOR AND SUBCONTRACTOR REGISTRATION
Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the Department of Industrial Relations (“DIR”) at the time of the bid. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall remain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project. 71 55452.01510\32905704.2
65 SECTION 00700

GENERAL CONDITIONS
ARTICLE 37. LABOR COMPLIANCE; STOP ORDERS
This Project is subject to compliance monitoring and enforcement by the DIR. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any subcontractor.

ARTICLE 38. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY Pursuant to Labor Code Section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap.

ARTICLE 39. LABOR/EMPLOYMENT SAFETY
The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4.

ARTICLE 40. INSURANCE
Contractor agrees to procure and maintain, at Contractor’s expense all insurance specified in Appendix “1” attached hereto and by this reference incorporated herein. Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.

ARTICLE 41. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
a. Time for Completion/Liquidated Damages. Contractor shall commence work within ten (10) days of the date stated in City’s Notice to Proceed and shall diligently and continuously prosecute the work to completion in the time specified in the Contract Documents. City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by City’s receipt or acceptance of the Contractor’s proposed earlier completion date.

Furthermore, Contractor shall not, under any circumstances, receive additional compensation from City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date.

If The Work is not completed as stated in the Contract Documents, it is understood that City will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to City as fixed and liquidated 72 55452.01510\32905704.2
66 SECTION 00700

GENERAL CONDITIONS
damages, and not as a penalty, the sum stipulated in the Contract for each day of delay until The Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages.
b. Inclement Weather. Contractor shall abide the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule.
c. Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of The Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers). Contractor shall within five (5) Days of identifying any such delay notify City in writing of causes of delay. City shall ascertain the facts and extent of delay and grant extension of time for completing The Work when, in its judgment, the facts justify such an extension. Time extensions to the Project shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Project beyond the Contract completion date.
d. No Damages for Reasonable Delay. City’s liability to Contractor for delays for which City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs.

Damages caused by unreasonable City delay, including delays caused by items that are the responsibility of City pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.

ARTICLE 42. COST BREAKDOWN AND PERIODIC ESTIMATES
Contractor shall furnish on forms Approved by City:
a. Within ten (10) Days of award of the Contract a detailed estimate giving a complete breakdown of the Contract price;
b. A monthly itemized estimate of Work done for the purpose of making progress payments. In order for City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) Day of the following month.
c. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid Form.
d. Following City’s Acceptance of the Work, the Contractor shall submit to City a written statement of the final quantities of unit price items for inclusion in the final payment request.
73 55452.01510\32905704.2
67 SECTION 00700

GENERAL CONDITIONS
e. City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.

Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.

ARTICLE 43. MOBILIZATION
a. When a bid item is included in the Bid Form for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate (“Initial Mobilization”). When no bid item is provided for “Initial Mobilization,” payment for such costs will be deemed to be included in the other items of The Work.
b. Payment for Initial Mobilization based on the lump sum provided in the Bid Form, which shall constitute full compensation for all such Work. No payment for Initial Mobilization will be made until all of the listed items have been completed to the satisfaction of the Engineer. The scope of the Work included under Initial Mobilization shall include, but shall not be limited to, the following principal items:
1) Obtaining and paying for all bonds, insurance, and permits. 2) Moving on to the Project site of all Contractor’s plant and equipment required for first month’s operations.
3) Installing temporary construction power, wiring, and lighting facilities. 4) Establishing fire protection system.
5) Developing and installing a construction water supply. 6) Providing and maintaining the field office trailers for the Contractor and the Engineer, complete, with all specified furnishings and utility services including telephones, telephone appurtenances, computer and printer, and copying machine.
7) Providing on-site communication facilities for the Owner and the Engineer, including telephones, radio pagers, and fax machines.
8) Providing on-site sanitary facilities and potable water facilities as specified per Cal-OSHA and these Contract Documents.
9) Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security.
10) Arranging for and erection of Contractor’s work and storage yard. 74 55452.01510\32905704.2
68 SECTION 00700

GENERAL CONDITIONS
11) Posting all OSHA required notices and establishment of safety programs per Cal-OSHA.
12) Full-time presence of Contractor’s superintendent at the job site as required herein.
13) Submittal of Construction Schedule as required by the Contract Documents.

ARTICLE 44. PAYMENTS
a. City shall make monthly progress payments following receipt of undisputed and properly submitted payment requests. Contractor shall be paid a sum equal to ninety-five percent (95%) of the value of Work performed up to the last day of the previous month, less the aggregate of previous payments, except where the City has adopted a finding that the Work done under the Contract is substantially complex, and then the Contractor shall be paid a sum equal to ninety percent (90%) of the value of the Work performed up to the last day of the previous month, less the aggregate of previous payments.
b. The Contractor shall, after the full completion of The Work, submit a final payment application. All prior progress estimates shall be subject to correction in the final estimate and payment.
c. Unless otherwise required by law, the final payment of five percent (5%) of the value of the Work (or ten percent (10%) in the event the City has adopted a finding that the Work under the Contract is substantially complex), if unencumbered, shall be paid no later than sixty (60) Days after the date of recordation of the Notice of Completion.
d. Acceptance by Contractor of the final payment shall constitute a waiver of all claims against City arising from this Contract.
e. Payments to the Contractor shall not be construed to be an acceptance of any defective work or improper materials, or to relieve the Contractor of its obligations under the Contract Documents.
f. The Contractor shall submit with each payment request the Contractor’s conditional waiver of lien for the entire amount covered by such payment request, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section 8132. Prior to final payment by City, the Contractor shall submit a final waiver of lien for the Contractor’s work, together with releases of lien from any subcontractor or materialmen.

ARTICLE 45. PAYMENTS WITHHELD AND BACK CHARGES
a. In addition to amounts which City may retain under other provisions of the Contract Documents City may withhold payments due to Contractor as may be necessary to cover:
75 55452.01510\32905704.2
69 SECTION 00700

GENERAL CONDITIONS
1) Stop Notice Claims.
2) Defective work not remedied.
3) Failure of Contractor to make proper payments to its subcontractors or suppliers.
4) Completion of the Contract if there exists a reasonable doubt that the work can be completed for balance then unpaid.
5) Damage to another contractor or third party.
6) Amounts which may be due City for claims against Contractor. 7) Failure of Contractor to keep the record (“as-built”) drawings up to date. 8) Failure to provide updates on the construction schedule. 9) Site clean up.
10) Failure of the Contractor to comply with requirements of the Contract Documents.
11) Liquated damages.
12) Legally permitted penalties.
b. Upon completion of the Contract, City will reduce the final Contract amount to reflect costs charged to the Contractor, back charges or payments withheld pursuant to the Contract Documents.

ARTICLE 46. CHANGES AND EXTRA WORK
a. Change Order Work.
1) City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, the Contract amount and Contract time being adjusted accordingly. All such changes in the Work shall be authorized by Change Order, shall be performed under the applicable conditions of the Contract Documents, and shall be subject to the approval authority requirements of Article 4 of the Contract. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract amount or the Contract time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order. 2) All claims for additional compensation to the Contractor shall be presented in writing before the expense is incurred and will be adjusted as provided herein. No work shall be allowed to lag pending such adjustment, but shall be promptly executed as directed, even if a dispute arises. No claim will be considered after the work in question has been done unless a written 76 55452.01510\32905704.2
70 SECTION 00700

GENERAL CONDITIONS
contract change order has been issued or a timely written notice of claim has been made by Contractor. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done.

Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract.
3) Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract time, within seven (7) Days after receipt of a scope of a proposed change order, unless City requests that proposals be submitted in less than seven (7) Days. 4) Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order.
5) Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and City.
6) Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by City. 7) If the Contractor fails to submit the cost proposal within the seven (7) Day period (or as requested), City has the right to order the Contractor in writing to commence the work immediately on a force account basis and/or issue a lump sum change to the contract price in accordance with City’s estimate of cost. If the change is issued based on City estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion of the added/deleted work, the Contractor presents written proof that City’s estimate was in error.
8) Estimates for lump sum quotations and accounting for cost-pluspercentage work shall be limited to direct expenditures necessitated specifically by the subject extra work, and shall be segregated as follows:
(a) Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the extra work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. 77 55452.01510\32905704.2
71 SECTION 00700

GENERAL CONDITIONS
(b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery.

Materials cost shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the Engineer shall determine the materials cost, at its sole discretion. (c) Tool and Equipment Use. No payment will be made for the use of small tools, tools which have a replacement value of $1,000 or less.

Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, or Caltrans Equipment Rental Rates (without surcharge) at the time the work is performed. (d) Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following:
i. “Net Cost” is defined as consisting of costs of labor, materials and tools and equipment only excluding overhead and profit. The costs of applicable insurance and bond
premium will be reimbursed to the Contractor and
subcontractors at cost only, without mark-up.
ii. For Work performed by the Contractor’s forces the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost of the Work.
iii. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost of the Work to which the Contractor may add five percent (5%) of the subcontractor’s Net Cost.
iv. For Work performed by a sub-subcontractor the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost for Work to which the subcontractor and general contractor may each add an additional five
percent (5%) of the Net Cost of the lower tier subcontractor. v. No additional mark up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty-five
percent (25%) of the Net Cost as defined herein.
9) All of the following costs are included in the markups for overhead and profit described above, and Contractor shall not receive any additional compensation for: Submittals, drawings: field drawings, Shop Drawings, including submissions of drawings; field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting 78 55452.01510\32905704.2
72 SECTION 00700

GENERAL CONDITIONS
documentation; computer services; reproduction services; Salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and consumables; Temporary on Site facilities (Offices, Telephones, Internet access, Plumbing, Electrical Power, lighting; Platforms, Fencing, Water), Jobsite and Home office overhead or other expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final cleanup; Other incidental Work; Related warranties.
10) For added or deducted Work by subcontractors, the Contractor shall furnish to City the subcontractor’s signed detailed estimate of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors. 11) For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to City a detailed estimate or quotation of the cost to the Contractor, signed by such vendor or supplier.
12) Any change in The Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an extra; overhead and profit allowances shall not be applied if the net total cost is a credit. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed. 13) Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the change order for work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify City’s change order form in an attempt to reserve additional rights. 14) If City disagrees with the proposal submitted by Contractor, it will notify the Contractor and City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with City, a change order will be issued by City. If no agreement can be reached, City shall have the right to issue a unilateral change order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to City within fifteen (15) Days of the issuance of the unilateral change order, disputing the terms of the unilateral change order.
15) No dispute, disagreement or failure of the parties to reach agreement on the terms of the change order shall relieve the Contractor from the obligation to proceed with performance of the work, including extra work, promptly and expeditiously.
79 55452.01510\32905704.2
73 SECTION 00700

GENERAL CONDITIONS
16) Any alterations, extensions of time, extra work or any other changes may be made without securing consent of the Contractor’s surety or sureties. b. Contract Unit Prices
1) Increases more than twenty-five percent (25%) percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications exceed the Bid quantity by more than twenty-five percent (25%), payment for the quantity in excess of one hundred twenty-five percent (125%) of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the City, or at the option of the Engineer, on the basis of the Extra Work per paragraph (a) above. 2) Decreases of more than twenty-five percent (25%). Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with Plans and Specifications, be less than seventy-five percent (75%) of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the City, or at the option of the Engineer, on the basis of the Extra Work per paragraph (a) above; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for seventy-five percent (75%) of the Bid quantity at the Contract Unit Price.

ARTICLE 47. OCCUPANCY
City reserves the right to occupy or utilize any portion of The Work at any time before completion, and such occupancy or use shall not constitute Acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract.

ARTICLE 48. INDEMNIFICATION
a. Contractor shall defend (with counsel of City Council’s preference), indemnify and hold City, its officials, officers, agents, employees, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. To the fullest extent permitted by law, Contractor shall defend, at Contractor’s own cost, expense and risk, with City Council’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, agents, employees and representatives. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, employees, agents, employees and representatives, in any such suit, 80 55452.01510\32905704.2
74 SECTION 00700

GENERAL CONDITIONS
action or other legal proceeding. Contractor shall reimburse City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

The only limitations on this provision shall be those imposed by Civil Code Section 2782. b. Contractor shall require each of its subcontractors to indemnify City to the same extent Contractor is indemnified.

ARTICLE 49. COMPLETION AND ACCEPTANCE, DEFECTIVE WORK
a. Completion. Contractor shall make an initial request for final inspection after initial completion of the Work. After inspection, the Engineer will inform the Contractor, in writing, of all items found by Engineer to be incomplete or not in compliance with this Agreement. After the Contractor has completed these items, the procedure for final inspection shall then be the same as specified above for the Contractor's initial request for final inspection. If after two (2) "final" inspections, items are found by Engineer to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City may require Contractor, as a condition of City performing further field inspections, to submit to the Engineer a detailed written statement of the work performed subsequent to the date of the previous inspection at which such items were found to be incomplete or not in compliance with this Agreement.

The Parties shall follow the above steps until such time as Engineer determines that the Work has been satisfactorily completed in accordance with all terms and condition of this Agreement. Upon such determination, City shall order recordation of the Notice of Completion.
b. Acceptance. Thirty-five (35) days after the Notice of Completion is recorded (or in the event any lien claims are filed against the Project arising out of Contractor's activities hereunder, on such date Contractor has finally satisfied, discharged, or obtained a release of such claim), City shall accept Contractor's Work. c. Defective Work. Contractor shall repair, reconstruct, replace or otherwise make acceptable any and all Work found by Engineer to be defective or not in accordance with the Agreement. Final acceptance of the Work shall not constitute a waiver by City of any defective work subsequently discovered.

ARTICLE 50. RECORD (“AS BUILT”) DRAWINGS
a. Contractor shall prepare and maintain a complete set of record drawings (herein referred to as “as-builts”) and shall require each trade to prepare its own as-builts.

The as-builts must show the entire site for each major trade, including but not limited to water, sewer, electrical, data, telephone, cable, fire alarm, gas and plumbing. Contractor shall mark the as-builts to show the actual installation where the installation varies from the Work as originally shown. Contractor shall mark whichever drawings are most capable of showing conditions fully and where shop drawings are used, Contractor must record a cross-reference at the corresponding location on the contract drawings. Contractor shall give particular attention to concealed elements that would be difficult to measure and record at a later date. 81 55452.01510\32905704.2
75 SECTION 00700

GENERAL CONDITIONS
Contractor shall use colors to distinguish variations in separate categories of The Work.
b. Contractor shall note related change order, request for information, request for proposals, or Architect’s Supplemental Instructions where applicable. Contractor shall organize as-builts into manageable sets, bound with durable paper cover sheets and shall print suitable title, dates and other identification on the cover of each set. Contractor to also provide an electronic version of the as-builts in .pdf or other approved format. The suitability of the as-builts will be determined by the Engineer.

ARTICLE 51. RESOLUTION OF CONSTRUCTION CLAIMS
a. All public works claims between the Contractor and the City shall be resolved pursuant to the procedures set forth in Public Contract Code section 9204. All public works claims of $375,000 or less which arise between the Contractor and City shall be resolved in accordance with Public Contract Code sections 20104 et seq. and other applicable law, unless the City has elected to resolve the dispute pursuant to Public Contract Code Section 10240 et seq.
b. Contractor shall timely comply with all notices and requests for additional compensation and extensions of time, including but not limited to all requirements of Article 45, as a prerequisite to filing any claim governed by this Article. The failure to timely provide any notice or request required by the Contract Documents shall constitute a waiver of the right to these procedures. c. All Claims. All claims shall be submitted in writing and accompanied by substantiating documentation. Claims must be filed on or before the date of final payment unless other notice requirements are provided in the contract. "Claim" means a separate demand by the Contractor for (1) a time extension, including without limitation relief from damages or penalties for delay assessed by the City, (2) payment of money or damages arising from work done by or on behalf of the Contractor and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled, or (3) payment of an amount which is disputed by City.
d. All Claims. The Contractor will submit the claim justification in the following format:
1) Summary of claim merit and price, and Contract clause pursuant to which the claim is made.
2) List of documents relating to claim
(a) Specifications
(b) Drawings
(c) Clarifications (Requests for Information)
(d) Schedules
82 55452.01510\32905704.2
76 SECTION 00700

GENERAL CONDITIONS
(e) Other
3) Chronology of events and correspondence
4) Analysis of claim merit
5) Analysis of claim cost
6) Analysis of time impact analysis in CPM format
7) Cover letter and certification of validity of the claim e. City Response to Claim. Upon receipt of a Claim pursuant to this Article, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days of receipt of the claim, or as extended by mutual agreement, shall provide a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written response.

If the City needs approval from the City Council to provide Contractor a written statement as set forth above, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim, the City shall have up to three (3) days following the next publicly noticed City Council meeting after the 45-day period, or extension, expires to provide Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim.

The City may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have. If additional information is needed thereafter, it shall be provided upon mutual agreement of the City and the claimant. The City’s written response shall be submitted 30 days (15 days if the Claim is less than $50,000) after receiving the additional documentation, or within the same period of time taken by the claimant to produce the additional information, whichever is greater. f. Meet and Confer Conference. If the Contractor disputes City's response, or if City fails to respond within the statutory time period(s), the Contractor may so notify City within 15 days of the receipt of the response or the failure to respond, and demand an informal conference to meet and confer for settlement of those portions of the Claim that remain in dispute. Upon such demand, City shall schedule a meet and confer conference within 30 days.
g. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion thereof remains in dispute, the City shall provide the Contractor with a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any portion of the claim that remains in dispute shall be submitted to nonbinding mediation. The selection of the mediator shall be in accordance with Public Contract Code section 9204, and the City and the Contractor shall equally share the associated mediator fees. Each party will be responsible for its own attorneys’ fees and other costs incurred due to the resolution of any Claim.
83 55452.01510\32905704.2
77 SECTION 00700

GENERAL CONDITIONS
h. Condition Precedent. Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by City, is a condition precedent to any action, proceeding, litigation, suit, general conditions claim, or demand for arbitration by Contractor. i. Government Code Claim. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

ARTICLE 52. CITY’S RIGHT TO TERMINATE CONTRACT
a. Termination for Cause. City may, without prejudice to any other right or remedy, serve written notice upon Contractor of its intention to terminate this Contract in whole or in part if the Contractor: (i) refuses or fails to prosecute The Work or any part thereof with such diligence as will ensure its completion within the time required; (ii) fails to complete The Work within the required time; (iii) should file a bankruptcy petition or be adjudged a bankrupt; (iv) should make a general assignment for the benefit of its creditors; (v) should have a receiver appointed; (vi) should persistently or repeatedly refuse or fail to supply enough properly skilled workers or proper materials to complete the work; (vii) should fail to make prompt payment to subcontractors or for material or labor; (viii) persistently disregard laws, ordinances, other requirements or instructions of City; or (ix) should violate any of the provisions of the Contract Documents.

The notice of intent to terminate shall contain the reasons for such intention to terminate. Unless within ten (10) Days after the service of such notice, such condition shall cease or satisfactory arrangements (acceptable to City) for the required correction are made, this Contract shall be terminated. In such case, Contractor shall not be entitled to receive any further payment until the Project has been finished. City may take over and complete The Work by any method it may deem appropriate. Contractor and its surety shall be liable to City for any excess costs or other damages incurred by City to complete the Project. If City takes over The Work, City may, without liability for so doing, take possession of and utilize in completing The Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Project site. b. Termination For Convenience. City may terminate performance of The Work in whole or, in part, if City determines that a termination is in City's interest.

The Contractor shall terminate all or any part of The Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of City, the extent of termination, and the effective date of such termination. 84 55452.01510\32905704.2
78 SECTION 00700

GENERAL CONDITIONS
After receipt of Notice of Termination, and except as directed by City, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations:
1) Stop Work as specified in the Notice.
2) Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.
3) Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Documents is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.
4) Terminate all subcontracts to the extent that they relate to the portions of The Work terminated.
5) Place no further subcontracts or orders, except as necessary to complete the remaining portion of The Work.
6) Submit to City, within ten (10) Days from the effective date of the Notice of Termination, all of the documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of City's exercise of its right to terminate this Contract pursuant to this clause, which costs the Contractor is authorized under the Contract Documents to incur, shall: (i) be submitted to and received by City no later than thirty (30) Days after the Effective Date of the Notice of Termination; (ii) describe the costs incurred with particularity; and (iii) be conspicuously identified as "Termination Costs Occasioned by City's Termination for Convenience."
7) These provisions are in addition to and not in limitation of any other rights or remedies available to City.
c. Savings Clause. If City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. d. Exception. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of City or the Contract is terminated.
85 55452.01510\32905704.2
79 SECTION 00700

GENERAL CONDITIONS
ARTICLE 53. WARRANTY AND GUARANTEE
a. Contractor warrants that all materials and equipment furnished under this Contract shall be new unless otherwise specified in the Contract Documents; and that all Work conforms to the Contract Document requirements and is free of any defect whether performed by the Contractor or any subcontractor or supplier. b. Unless otherwise stated, all warranty periods shall begin upon the filing of the Notice of Completion. Unless otherwise stated, the warranty period shall be for one year.
c. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property.
d. City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect, or damage; the City have the right to replace, repair, or otherwise remedy the defect, or damage at the Contractor’s expense.
e. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, City may undertake at Contractor’s expense, and without prior notice, all Work necessary to correct such condition. f. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and Materials furnished under this Contract, the Contractor shall:
1) Obtain for City all warranties that would be given in normal commercial practice;
2) Require all warranties to be executed, in writing, for the benefit of City; and 3) Enforce all warranties for the benefit of City, unless otherwise directed in writing by City.

This Article shall not limit City’s rights under this Contract or with respect to latent defects, gross mistakes, or fraud. City specifically reserves all rights related to defective work, including but not limited to the defect claims pursuant to California Code of Civil Procedure Section 337.15.

ARTICLE 54. DOCUMENT RETENTION & EXAMINATION
a. In accordance with Government Code Section 8546.7, records of both City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment.
b. Contractor shall make available to City any of the Contractor’s other documents related to the Project immediately upon request of City. 86 55452.01510\32905704.2
80 SECTION 00700

GENERAL CONDITIONS
c. In addition to the State Auditor rights above, City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to City, for a period of four (4) years after final payment.

ARTICLE 55. SOILS INVESTIGATIONS
When a soils investigation report for the Project site is available, such report shall not be a part of the Contract Documents. Any information obtained from such report as to subsurface soil condition, or to elevations of existing grades or elevations of underlying rock, is approximate only and is not guaranteed. Contractor acknowledges that any soils investigation report (including any borings) was prepared for purposes of design only and Contractor is required to examine the site before submitting its bid and must make whatever tests it deems appropriate to determine the underground condition of the soil.

ARTICLE 56. SEPARATE CONTRACTS
a. City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs.
b. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the work in place or discrepancies with the Contract Documents. c. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project.

Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project site.

ARTICLE 57. NOTICE AND SERVICE THEREOF
All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Bid Forms. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to City shall be addressed to City as designated in the Notice Inviting Bids unless City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) Days after being sent by first class mail, whichever is earlier. 87 55452.01510\32905704.2
81 SECTION 00700

GENERAL CONDITIONS
Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

ARTICLE 58. NOTICE OF THIRD PARTY CLAIMS
Pursuant to Public Contract Code Section 9201, City shall provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract.

ARTICLE 59. STATE LICENSE BOARD NOTICE
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

ARTICLE 60. INTEGRATION
a. Oral Modifications Ineffective. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.
b. Contract Documents Represent Entire Contract. The Contract Documents represent the entire agreement of City and Contractor.

ARTICLE 61. ASSIGNMENT
Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Contract or any part thereof including any claims, without prior written consent of City. Any assignment without the written consent of City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.

ARTICLE 62. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify City in order that proper steps may be taken to have the change reflected on the Contract.

ARTICLE 63. ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to Section 7103.5 of the Public Contract Code, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (chapter 2 (commencing with Section 16700) of part 2 of division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials 88 55452.01510\32905704.2
82 SECTION 00700

GENERAL CONDITIONS
pursuant to this Contract or any subcontract. This assignment shall be made and become effective at the time City makes final payment to the Contractor, without further acknowledgment by the parties.

San Clemente City CouncilDecember 5, 2023

San Clemente City Council
December 5, 2023