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WRP Splitter Box Rehabilitation, Project No. 14206
Addendum No. 2
ADDENDUM NO. 2
October 12, 2023
TO: Prospective Bidders
PROJECT: WRP SPLITTER BOX REHABILITATION
PROJECT NO. 14206
FROM: Belgin Cuhadaroglu – Associate Civil Engineer
SUBJECT: Addendum No. 2 to the Plans, Specifications and Bid Documents THE FOLLOWING CHANGES HAVE BEEN MADE TO THE CONTRACT DOCUMENTS:
Front End Documents
SECTION 00400, Bid Form;
THE FOLLOWING QUESTIONS WERE RECEIVED AND THE ANSWERS BELOW ARE PROVIDED FOR FURTHER CLARIFICATION:
Q1: Can the splitter box be shut down with no flow to expedite the removal of the sluice gate? A1: The flow to the splitter box can only be stopped for 30 minutes between the hours of 2 am and 5 am. We do not anticipate the flow needing to be stopped to remove the slide gates in the splitter box.
Q2: What kind of bypassing will be required?
A2: The contractor can use inflatable pipe plugs, either at splitter box effluent pipes or primary clarifier influent pipes, during the isolation of the channel for the installation of gates. Small sump pumps will be required to drain the channel (drain channel to downstream of the primary clarifier channel).
Q3: Bid item 7 calls for 65 square feet of “Lining of PCI Channel as needed”. Is the lining to be in accordance with specification section 09 96 56 “High Performance Chemical – Resistant Coating? Is the lining to be applied on the concrete only?
A3: Lining per spec section 09 96 56 is to be applied. it is the discretion of the contractor on the method used to protect the existing lining while performing the work in and around the project area as indicated in the provided drawings. An estimated square footage of the lining to be applied/replaced along the PCI Channel wall and around the slide gate, and along the PCI Channel 326 158
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WRP Splitter Box Rehabilitation, Project No. 14206
Addendum No. 2
wall where existing lining is damaged during rerouting of LPA piping is updated. Refer to Bid Item#7 in the bid schedule.
Q4: Specifications has epoxy injection grout but there is nowhere in the plans or scope of work calling for epoxy injection grouting?
A4: Use epoxy injection grouting to provide a water tight seal around new LPA pipes and existing influent pipes (5 each), where the pipes penetrate existing concrete walls along with the installation of the new slide gates (5 each) that are installed against existing concrete walls. Epoxy injection grouting shall also be applied as fill for any cracks that the City Engineer considers as a compromise to the integrity of the PCI Channels. Bid Item#8 is added to the bid schedule.
Q5: How long can the low-pressure air, (LPA), be shut down so the LPA bypass pipe can be installed? A5: For tanks online, the airline is allowed to be shut down for approximately five days for LPA pipe work. Contractor shall coordinate with the City for monitoring buildup of solids.
Q6: The low-pressure air pipe is 4” PVC. Is the 4” PVC to be sch 40? A6: The new LPA piping shall be PVC schedule 80.
Q7: Can we get a section view of the 4" LPA PVC re-routing for channels 1 through 4? A7: Please refer to plan drawings and attached section schematic for 4" LPA horizontal and vertical pipe quantity take-offs. Vertical pipe will need to be field verified. Please see attached section schematic, Revised M-02.
Q8: What material to be used for Slide Gates? The specifications request Duplex 2205 material and the drawing request 316L.
A8: Slide Gates shall be 316L SST per contract drawings.
Q9: Drawing D-01 demolition notes 5 and 6 indicates removing (2) 30'-4"x 4'-0" x 8" sections of concrete @ PCL 4 and 5. Is any concrete removal required @ PCL 1,2, and 3? A9: Existing concrete in PCI Channel 1, 2, and 3 is expected to be protected in place as indicated in the drawings. However, if the contractor does require demolition on the existing concrete in PCI Channel 1, 2, and 3 it is the responsibility of the contractor to repair the concrete per notes provided in the drawings. In addition, the concrete wall where the slide gates are being installed will need to be prepped so that the slide gates are installed flush with the wall.
Q10: Please confirm none of the sections of existing concrete that will be cut need to be coated.
A10: Existing concrete and lining shall be protected in place per notes provided in the drawings.
Any damages to either concrete or lining shall be replaced as indicated in the general notes 2&6 of Drawing D-02. Lining shall be provided up to the top of concrete channel for PCI Channels 4 & 5.
Q11: Please confirm that the 4’-0 section of concrete to be demolished at PCI 4 & 5 will not exceed the PCI wall.
A11: The concrete horizontal cut is to go up to the wall and not beyond.
Q12: Note 10 on drawing T-03 is calling for survey required to perform the work. I do not think that a survey is required. Please clarify.
327 159
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WRP Splitter Box Rehabilitation, Project No. 14206
Addendum No. 2
A12: Survey work will not be required for this project. However, it is the responsibility of the contractor to field verify elevations for installation of all new piping and equipment as indicated on the drawings.
Q13: Drawing T-03 Notes call for curb & gutter, sidewalks, asphalt, PCC paving, irrigation systems, and dewatering contaminated groundwater. None of these items are part of the project scope. Please clarify.
A13: Curb & gutter, sidewalks, asphalt, PCC paving, irrigation systems, and dewatering contaminated groundwater will not be needed for this project.
Q14: Drawing T-03 has Storm Drain Notes for reinforced concrete pipes, concrete structures, manholes and covers, water discharges, Domestic Water Notes and Recycled Water Notes are not part of the project scope. Please clarify.
A14: It is not expected for storm drain, domestic water, and recycled water pipes to be encountered during the construction of this project. However, if any damages are incured to existing piping, not included in the demolition drawings and notes, it is the responsibility of the Contractor to repair in accordance with the notes provided on T-03 at no additional cost to the City. -------------------------------------------------- END OF TEXT ------------------------------------------------ Attachment: x Revised Bid Form “Section 00400” x Section schematic for 4” LPA PVC 328 160
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City of San Clemente/Environmental Programs
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Phone (949) 498-9436 / Fax (949) 361-8316
CR&R (877) 728-0446
City of San Clemente Building Permit Applicants
Construction & Demolition Debris Recycling Requirements San Clemente Municipal Code 8.69, Ordinance #1286
To obtain a Building Permit for covered construction and demolition (C&D) projects, Applicants are required to have one of the following: x An approved Waste Management Plan (WMP) or
x Elect to use a C&D recycling bin provided by the City’s franchise waste hauler.
Applicants can choose to use the City’s franchise waste hauler and can arrange for service by contacting CR&R at (877) 728-0446 and requesting a C&D bin for their project.
Covered Projects
All construction, demolition, and renovation projects within the City removing recyclable material shall be considered “Covered Projects.”
The WMP documents how Applicants will meet the City's State mandated goal of reducing the quantity of C&D debris disposed of at landfills by 75% or greater.
All forms are available at permit application and must be completed, submitted and approved prior to permit issuance.
Building Permits will not be issued without an approved WMP or CR&R work order.
DO NOT LANDFILL CONSTRUCTION DEBRIS
Local Landfill Does Not Recycle Construction Debris
3OHDVHQRWHWKHORFDO3ULPD'HVKHFKDODQGILOOLV 127 DUHF\FOLQJFHQWHUSOHDVHGRQRWOLVWLWDV\RXUUHF\FOLQJFHQWHU A Recycling Summary Report (RSR) must be submitted upon completion of construction. The RSR indicates actual recycling activities and documents compliance with Municipal Code 8.69.
Failure to submit a RSR within 60 days of completing the project can result in forfeiture of your security deposit.
Have questions? Please contact the Environmental Programs at (949) 498-9436. WMP forms may be picked up at Building Department.
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City of San Clemente Page 2
What You Need To Do
There are 3 steps to comply with the City's C&D Debris WMP Requirements. (If you elect to use CR&R you only need to contact CR&R and request a C&D bin for your project). x Step 1 - Complete and submit a WMP with your Building Permit application along with the applicable fees. See the attached WMP Fee Schedule to determine the required fee. x Step 2 - During construction/demolition, gather supporting data for your RSR x Step 3 - Submit a completed RSR within 60 days of project completion Construction & Demolition Debris Facilities flyers are available to help you identify facilities that will accept your construction and demolition debris for recycling. For other assistance and questions about filling out forms, call the Environmental Programs at (949) 498-9436.
The WMP is part of your building permit application and is your plan for reusing, diverting, and/or recycling 75% or greater of all construction and demolition debris from your project.
Note: Quantities must be listed in tons to meet City and State mandated reporting requirements. To convert volume (e.g., cubic yards, square feet, etc.) to tons, use the Materials Conversion Worksheet provided.
To avoid delays in obtaining your Building Permit: x Submit your completed WMP with your permit application. x Allow 3-5 business days for WMP processing. x Remember that your Building Permit application is deemed incomplete without an approved WMP. Building Permits will not be issued prior to WMP approval.
Step 1 - Complete and Submit a WMP
If your submitted WMP indicates that less than 75% of the C&D debris will be reused or recycled, you may need to provide additional information (in writing) explaining why the 75% requirement cannot be met. For example, written verification of hazardous materials contamination is required if stated as the reason for not meeting the City's waste reduction and recycling requirements.
Where to Submit Forms: Submit completed WMP at the Building Permit Counter, 910 Calle Negocio. Keep a copy for your records.
Who Should Fill Out the WMP: The Applicant (e.g., architect, contractor, owner, etc.) is ultimately responsible for submitting a completed WMP with their Building Permit application.
The WMP can be filled out by whoever is knowledgeable about the types and quantities of debris that will be generated from the project. If you need help, ask the contractor, subcontractor, or estimator for assistance.
Subcontractor Participation: If subcontractors are required to remove debris from the job site, they can play a key role in helping you meet the City's recycling requirements. Inform subcontractors of your waste reduction and recycling program and what is required of them early in 339 171
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City of San Clemente Page 3
the project. The applicant must provide documentation for any materials subcontractors are hauling.
Documentation must include types, quantities, weights and destination of materials. It must also specify amount salvaged and/or recycled. We strongly recommend including specifications or other language for recycling and/or reuse in your contracts. Informing your sub-contractors of your requirements up front helps eliminate confusion later.
Review Process: The WMP Form will be reviewed to ensure that it is complete and accurate. City staff will review the WMP to determine if the applicant's estimates for quantities of materials generated and overall plan for reducing waste by 75% or greater are realistic.
If the WMP is not acceptable (e.g., the form is incomplete, the calculations are unrealistic, etc.) the applicant will be contacted and advised of needed changes. A HOLD WILL BE PLACED ON ISSUANCE OF THE PERMIT once the applicant has been notified by phone or fax of necessary revisions. The hold remains effective until the identified issue(s) has been addressed and the WMP is approved. The review process for a properly completed WMP is 3 to 5 business days.
Step 2 - Gather Data for Your RSR
After your Building Permit is issued and you are ready to begin work, you will need to begin recording information for your RSR. Unlike the WMP, which is an estimate, the RSR documents your actual tonnages. You are required to keep all weight tags, gate receipts, and/or invoices necessary to document actual quantities of materials generated, reused, recycled, and/or disposed of throughout the project, as well as facilities or service providers used.
It is your responsibility to obtain written receipts from subcontractors and other parties removing debris from your site. Notify subcontractors/hauler(s) of this requirement before work begins.
Important: The City may review weight tags or other related documents at any point in the project.
Step 3 - Complete and Submit Your RSR
A completed RSR must be submitted to the City within 60 days of completion. The RSR is similar to the WMP, except that it indicates actual quantities and destinations of materials rather than estimates. Quantities must be verifiable, based on weight tags or other sufficient documents. If less than 75% of the C&D debris from the project was diverted from landfill disposal, you must submit documentation with your RSR demonstrating that a "good faith" effort was made to achieve the 75% waste reduction goal. Documentation must specify, in detail, the reasons why you could not meet the City's requirement.
Due Date: RSR’s are due within 60 days of completion. They must be submitted to the Environmental Programs at 910 Calle Negocio, San Clemente, 92673. Be sure to keep a copy for your records.
Review Process: The RSR will be reviewed to determine if the applicant met or exceeded the goals for reuse and recycling stated in their WMP.
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City of San Clemente Page 4
Rules for Transporting C&D Debris
Q. Who can transport construction and demolition debris in the City of San Clemente? A. It is unlawful for any person other than the City's licensed franchised solid waste collector to collect or haul any solid waste or construction and demolition debris within the City except:
i) Solid waste otherwise within the scope of the Franchise which is transported to an appropriate disposal facility by a resident of the premises upon which the solid waste was generated (includes any contractor of such resident that owns their own dumpster and is on-site throughout the job and is the generator of the debris); ii) Waste material otherwise within the scope of the Franchise which is transported to an appropriate disposal facility by an officer or full time, permanent employee of the commercial, construction or industrial enterprise that generated the waste (includes any contractor of such resident that owns their own dumpster and is on-site throughout the job and is the generator of the debris);
iii) The sale or donation of Recyclable Material or compostable material other than to contractor; provided, however, to the extent permitted by law, a reduction or discount in price for the collection, transportation or processing of such materials shall not be considered a sale or donation;
iv) Waste material or Recyclable Material otherwise within the scope of the Franchise which is collected or transported to a disposal or recycling facility by City employees in the course and scope of their employment with the City;
v) The collection, transportation or disposal of hazardous, bio-hazardous, untreated medical waste, or infectious waste which is transported to an appropriate disposal facility by any person or entity properly licensed and/or certified to collect, transport and dispose of such materials; vi) The collection, transportation, and disposal of clippings, cuttings, yard waste and related solid waste by a gardener, or landscaper, as part of the gardening or landscaping services they provide, provided that such waste is taken to a legal place of composting, diversion, or disposal.
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City of San Clemente Page 5
Waste Management Plan (WMP) Fee Schedule
Performance Security Deposit and Administrative Fees
C&D Recycling Performance Security Deposit.
The Applicant for any Covered Project shall submit with the Waste Management Plan a refundable C&D Performance Security Deposit. The amount of the C&D Performance Security Deposit shall be as follows:
A. For each application for a building permit for re-roofing with tear-off of the existing roof, a loft remodel and/or projects with dirt removal, the C&D Performance Security Deposit shall be $250.
B. For each application for a building permit for a Renovation consisting of alteration, remodel, or modification (except for additions, which are addressed in paragraph C below) of a residential or commercial structure, the C&D Performance Security Deposit shall be $500.00.
C. For each application for a building permit for a Renovation that consists of an addition to an existing residential or commercial structure, the C&D Performance Security Deposit shall be $750.00.
D. For each application for a building permit for new Construction of a residential or commercial structure, the C&D Performance Security Deposit shall be $1,000.
E. For each application for a building permit for the Demolition of a residential or commercial structure, the C&D Performance Security Deposit shall be $1,000.
F. For each application for a City-sponsored Project, regardless of size, the C&D Performance Security Deposit shall be $1,000.00.
Note: Failure to submit your Recycling Summary Report within 60 days of project completion will result in forfeiting your security deposit.
Administrative Fee.
Prior to the City's issuance of any permit for a Covered Project, the Applicant shall pay to the City a $60.00 non-refundable fee for processing the Applicant's Waste Management Plan. 342 174
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City of San Clemente/Environmental Programs
380 Ave. Pico, #N
San Clemente, CA 92672
Phone (949) 498-9436 / Fax (949) 361-8234
[email protected]
CR&R, Inc. (877) 728-0446
DO NOT LANDFILL CONSTRUCTION DEBRIS
Local Landfill Does Not Recycle Construction Debris
Waste Management Plan (WMP)
Complete and submit the following information with each application for a building permit.
Owner Name Owner Phone No.
Owner Address
Contractor Name Contractor Phone No.
Contractor Address
Project Address
Description of Project
Anticipated materials removed from project
Estimated volume or weight of each material type
Estimated volume or weight of material that can feasibly be recycled or reused Location where material will be recycled
3OHDVHQRWHWKHORFDO3ULPD'HVKHFKDODQGILOOLV 127 DUHF\FOLQJFHQWHUSOHDVHGRQRWOLVWLWDV\RXUUHF\FOLQJFHQWHU
Please do not landfill construction debris
most materials are recyclable but if it’s not
a recyclable, name of landfilled used
I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining and or providing information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and or imprisonment.
SIGNED: DATE:
Contractor
Property Owner
Once the project is finaled, please complete the Recycling Summary and submit with your recycling trip tickets to Environmental Programs at 380 Ave. Pico, #N San Clemente, CA 92672 or fax to (949) 361-8234. Failure to submit your Recycling Summary Report within 60 days of project completion will result in forfeiting your deposit. 345 177
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 1
Meeting Date: April 15, 2025 Agenda Item: 10F.
Submitted By: Public Works
Prepared By: Niki Beach, Environmental Programs Analyst Subject:
..titl e
CONSIDERATION OF A RESOLUTION AWARDING A PROFESSIONAL CONSULTANT
SERVICES AGREEMENT TO BKF ENGINEERS FOR THE POCHE BEACH WATER RECLAMATION PROJECT DIVERSION DESIGN PROJECT, CIP PROJECT NO. 16006, IN AN AMOUNT NOT TO EXCEED $279,440, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ..body AGREEMENT AND APPROVING RELATED APPROPRIATIONS Fiscal Impact:
The Professional Consulting Services Agreement with BKF Engineers will require an appropriation of $307,000, to include $279,440 in contracted services and an additional 10% for internal project management staff time, to the Clean Ocean Improvements Fund, Account No. 057-543-45300-000-16006, due to design work for the Poche Beach Water Reclamation Project not being included in the FY 2024-25 budget.
To fund the project design, City staff is requesting an appropriation of funds in the amount of $250,000 from Orange County Transportation Authority (OCTA) Comprehensive Transportation Funding Program, which allows for up to 10% of the City’s $2.5 million Environmental Cleanup Program grant to be applied to planning and design costs. The future cost of construction of the project will be requested during the annual budget process and will include consideration of grant funding already obtained by the City and County to offset these costs.
In addition, City staff is requesting a transfer of $57,000 from Account No. 057-541-43890 (Stormwater Compliance – Other Contractual Services) to Account No. 057-543-45300-000- 16006. These funds were originally budgeted and encumbered to facilitate renewal of the Clean Ocean Fee, which was not ultimately pursued.
Summary:
Before the City Council is a resolution awarding a professional consultant services agreement to BKF Engineers in an amount not to exceed $279,440 for the design of a dry-weather urban runoff diversion as part of the Poche Beach Water Reclamation Project.
Background:
As a discharger of stormwater to Waters of the U.S. through its storm drain collection system, the City is regulated by the San Diego Regional Water Quality Control Board (Water Board) under its National Pollutant Discharge Elimination System Municipal Separate Storm Sewer Permit (MS4 Permit). Among other conditions, the most current permit included a requirement to comply with the dry-weather Total Maximum Daily Load (TMDL) for indicator bacteria at Poche Beach, which is one of the currently listed Clean Water Act Section 303 (d) Impaired Waters, by April 4, 2021. 346
Meeting Date: April 15, 2025 Agenda Item: 10F.
CITY OF SAN CLEMENTE 2
Previously, to achieve compliance, City staff worked for several years on numerous urban runoff and illegal discharge reduction programs and studies to reduce and address sources of bacteria, which are both anthropogenic and naturally occurring, in the 4,436-acre Prima Deshecha watershed. In 2010, the City also partnered with the County of Orange, who owns some open space within the watershed as well as Poche Beach, to construct the Poche Clean Beach Project (PCBP) which treats diverted dry-weather runoff with ultraviolet light prior to discharge to the surf zone. See Figures 1 - 3 below for the existing project vicinity and location maps and photos.
Figure 1: Existing Poche Clean Beach Project Vicinity Map Figure 2: Existing Poche Clean Beach Project Location
347
Meeting Date: April 15, 2025 Agenda Item: 10F.
CITY OF SAN CLEMENTE 3
Figure 3: Existing Poche Clean Beach Project Diversion Dam and Discharge Pipe The PCBP still operates every dry season, and has successfully reduced the number of, but has not eliminated the source of, all bacterial exceedances. This is likely due to increasing bacteria concentrations in the runoff and the impact of high tides on the current diversion, which must be closed off from treatment when the surf or tides are high. Therefore, despite these investments in programmatic and structural water quality improvement efforts, the City did not met dry-weather compliance at Poche Beach by the original deadline.
The City is now is regulated under a Time Schedule Order to achieve final compliance by September 30, 2028. If compliance is not met, the City will be subject to mandatory minimum daily penalties from the Water Board, be exposed to potential lawsuits from environmental NGOs and face other potential consequences. Section 1(a)(2) of Attachment B to the City’s MS4 permit (Order No. R9-2013-0001, as amended by Order No. R9-2015-0001 and Order No. R9-2015- 0100) states:
The CWA provides that any person who violates Section 301, 302, 306, 307, 308, 318 or 405 of the CWA, or any permit condition or limitation implementing any such sections in a permit issued under Section 402, or any requirement imposed in a pretreatment program approved under Section 402(a)(3) or 402(b)(8) of the CWA, is subject to a civil penalty not to exceed $25,000 per day for each violation. The CWA provides that any person who negligently violates Section 301, 302, 306, 307, 308, 318, or 405 of the CWA, or any condition or limitation implementing any of such sections in a permit issued under Section 402 of the CWA, or any requirement imposed in a pretreatment program approved under Section 402(a)(3) or 402(b)(8) of the CWA, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
348
Meeting Date: April 15, 2025 Agenda Item: 10F.
CITY OF SAN CLEMENTE 4
For a few years now, City and County staff and consultants have discussed the possibility of constructing a new water quality project at Poche Beach that could more effectively reduce bacterial loading at Poche Beach, specifically by diverting all dry-weather runoff to a nearby wastewater collection system. The concept for the Poche Beach Water Reclamation Project was developed as a multi-benefit proposal that would pre-treat dry-weather nuisance flows for recovery by the City’s Water Reclamation Plant and for augmentation of the City’s recycled water supplies. However, the project would require on-site microfiltration and reverse osmosis (MF-RO) to reduce the extremely high amount of total dissolved solids known to be present in particularly high amounts within the Prima Deshecha Canada watershed, and MF-RO comes with very high costs. At the same time, without additional expansion of the City’s recycled water distribution system available to deliver any additional supplies of recycled irrigation water, the treated dryweather runoff would likely not be needed or sold at this time and would end up being discharged to the San Juan Creek Ocean Outfall (SJCOO).
As the Poche Beach Water Reclamation Project is both a regulatory compliance and water supply project, staff is proposing to build it in phases based on the priorities of its features, focusing first on developing a diversion of dry-weather flows, and diverting those flows, after basic pretreatment for debris and grit, directly to the SJCOO. See Figure 4 below for the project concept.
Figure 4: Proposed Diversion for Dry-Weather Runoff to San Juan Creek Ocean Outfall 349
Meeting Date: April 15, 2025 Agenda Item: 10F.
CITY OF SAN CLEMENTE 5
Subsequently, and when there is a verifiable need to produce additional local supplies of water for the City or adjacent water agencies, the project’s second phase could include installation of the MF-RO for pre-treatment and modification of the diversion to send flows to a local a wastewater treatment plant for tertiary treatment.
At this time, staff is working to move forward with a biddable design for the dry-weather diversion to the SJCOO, which will allow the City and County to keep the project on schedule to meet regulatory deadlines and also to take advantage of recently awarded grant funding for the Poche Beach Water Reclamation Project, which is anticipated to have a total capital cost of $3.5 million to divert urban runoff into the San Juan Creek Ocean Outfall with the potential to reuse the water in the future for a total construction cost of $9.8 million (including the diversion costs). In addition to the City’s $2.5 million OCTA grant, the County has received a $959,752 EPA Community Grant to further support the construction of the project. The two grants will provide matching funds for each other with construction anticipated in Fiscal Year 2026 or 2027 depending upon permitting.
City staff has also begun participating in discussions with the County about an appropriate agreement to replace the existing cost-share for the PCBP. An optimal agreement would address the responsibility of each party for ongoing operations & maintenance (O&M) costs, which have been estimated at $250,000 annually for the diversion only, and $949,000 annually for the complete reclamation project.
Discussion:
Staff prepared a Request for Proposals for the Poche Beach Water Reclamation Diversion Design and Bid Specification Package Project, which was released on PlanetBids on November 13, 2024. Upon the closing of the RFP, the City received responsive proposals from six (6) firms:
AKM Consulting Engineers, BKF Engineers, Geosyntec Consultants, PACE Advanced Water Engineering, Proactive Engineering (dba Q3 Consulting), and Woodard & Curran. While all firms have offices in Orange County, none are local to San Clemente. Proposed costs are illustrated in Table 1 below.
Table 1. Proposal Fee Schedules
Firm Name Proposed Amount
1. Proactive Engineering (dba Q3 Consulting) $239,722.00
2. BKF Engineers $279,440.00
3. Pacific Advanced Civil Engineering $369,585.00
4. Geosyntec Consultants $479,600.00
5. Woodard & Curran $489,614.00
6. AKM Consulting Engineers $687,057.27
Following a written evaluation by a panel of three City staff and one County staff with a strong collective understanding of water quality, storm and flood water conveyance and diversion, and structural treatment projects, interviews were conducted with all six proposers by the same panel.
The panel determined that BKF Engineers was the most qualified to execute the project at a competitive price, in part because of superior local drainage and flood control channel-related knowledge that staff believes will save time and minimize costs to both the City and the County as a project partner. While Proactive Engineering proposed the lowest contract price, they included significantly fewer staff hours than any other proposer and did not demonstrate as much familiarity with the City and County’s specific needs for this type of diversion project. 350
Meeting Date: April 15, 2025 Agenda Item: 10F.
CITY OF SAN CLEMENTE 6
City staff worked to rearrange tasks from the RFP in practical order and refine the following scope for inclusion in the proposed agreement with BKF Engineers:
1. Conduct a field survey and prepare topographical base mapping with recorded rights-ofway.
2. Prepare preliminary 30%-level design plans for two project alternatives.
3. Conduct a geotechnical investigation of the project site and prepare a related report.
4. Prepare 60%-level design plans, specifications, and cost estimate.
5. Prepare 90%-level design plans, specifications, and cost estimate.
6. Prepare final design plans, specifications, and cost estimate.
7. Provide bid and construction support services.
8. Provide support services for securing environmental and regulatory permits.
Council Options:
Adopt Resolution No.25-44 to approve and authorize the City Manager to execute the Professional Consulting Services Agreement with BKF Engineers. Request modifications to the Professional Consulting Services Agreement with BKF Engineers and have staff return with a new Resolution for Council consideration. Deny the adoption of Resolution No. 25-44 to authorize execution of the Professional Consulting Services Agreement with BKF Engineers.
Continue the item with direction to staff to provide additional information.
Environmental Review/Analysis:
The recommended actions are not a “project” under CEQA pursuant to 14 CCR Section 15378 and has no potential result in either a direct or physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Staff will return to City Council with an environmental review of the Diversion project itself during the design process.
Recommended Actions:
Staff Recommendation:..recommendati on
Adopt Resolution No. 25-44, which would:
1. Award a Professional Consultant Services Agreement to BKF Engineers for the design of a dry-weather urban runoff diversion as part of the Poche Beach Water Reclamation Project;
2. Authorize the City Manager to execute the Agreement with BKF Engineers in an amount not to exceed $279,440;
3. Authorize an appropriation of $250,000 from an OCTA Environmental Cleanup Program Grant to Account No. 057-543-45300-000-16006; and
351
Meeting Date: April 15, 2025 Agenda Item: 10F.
CITY OF SAN CLEMENTE 7
4. Approve a transfer of $57,000 from Account No. 057-541-43890 (Clean Ocean Program Stormwater Compliance – Other Contractual Services) to Account No. 057-543-45300-000- 16006.
..end
Attachment:
1. Resolution No. 25-44
2. Professional Consulting Services Agreement with BKF Engineers Notification:
All proposers.
352
Attachment 1
RESOLUTION NO. 25-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, AWARDING A
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
TO BKF ENGINEERS FOR THE POCHE BEACH WATER
RECLAMATION PROJECT DIVERSION DESIGN PROJECT,
CIP PROJECT NO. 16006, IN AN AMOUNT NOT TO EXCEED
$279,440, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT AND APPROVING RELATED
APPROPRIATIONS
WHEREAS, the City of San Clemente owns and operates a Municipal Separate Storm Sewer System (MS4) for the purposes of separating stormwater flows from the collection of municipal wastewater and protecting infrastructure and private property; and WHEREAS, under the National Pollutant Discharge Elimination System (NPDES), the City must comply with the conditions of a valid permit for discharges from its MS4, specifically, Order Number R9-2013-0001, as amended by Order Nos. R9-2015-0001 and R9-2015-0100, issued and enforced by the San Diego Regional Water Quality Control Board (SDRWQCB) (“MS4 permit”); and
WHEREAS, the MS4 permit requires the City to comply with the Total Maximum Daily Loads (TMDLs) for Clean Water Act Section 303(d) listed waterbodies, including Poche Beach, which is listed for bacteria among other pollutants; and WHEREAS, compliance with final dry-weather Receiving Water Limitations (RWLs) for bacteria at Poche Beach was required by April 4, 2021 under the MS4 permit; and WHEREAS, the City entered into a Time Schedule Order (TSO) in early 2024 to provide an extension of time by which to meet the Poche Beach dry-weather RWLs, and must plan to significantly reduce discharges containing both anthropogenic and natural sources of bacteria to Poche Beach by the TSO deadline of September 30, 2028; and WHEREAS, the City and County have worked in recent years to cooperatively to come up with a concept for the diversion and potential water supply project to replace the existing but no longer sufficiently effective Poche Clean Beach Project; and WHEREAS, the diversion and water supply project, now titled the Poche Beach Water Reclamation Project, has also secured nearly $3.5 million in grant funding that requires construction or ample progress towards construction to occur by the end of 2025; and
WHEREAS, the City’s Clean Ocean/Stormwater Permit Compliance Fund – Other Contractual Services has additional funding in the FY 2024-25 budget that was not ultimately needed for other contracts, and can be transferred to the Clean Ocean Improvements fund to support the initial planning and design of the project; and 353
Resolution No. 25-44 Page 2
WHEREAS, the City requires a professional engineering firm to provide a final design for the first (diversion) phase of the project in order to bid out and construct the diversion in time to operate before the TSO deadline in 2028, and the City conducted a Request for Proposals (RFP) process, including interviews, to identify such a firm; and WHEREAS, BFK Engineers was responsive, its price is fair and reasonable, and ranked highest during the RFP selection process that culminated in February 2025.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
Section 1. That the above recitals are true and correct and incorporated fully herein as findings.
Section 2. That a Professional Consultant Services Agreement is hereby awarded to BKF Engineers for the design of a dry-weather urban runoff diversion as part of the Poche Beach Water Reclamation Project.
Section 3. That the City Manager is hereby authorized and directed to execute an agreement with BKF Engineers for the Poche Beach Water Reclamation Project Diversion Design Project in an amount not to exceed $279,440 and in substantially the same form as presented to the City Council on April 15, 2025.
Section 4. That an appropriation of $250,000 from an OCTA Environmental Cleanup Program Grant to Account No. 057-543-45300-000-16006 is hereby authorized.
Section 5. That a transfer of $57,000 from Account No. 057-541-43890 (Clean Ocean Program Stormwater Compliance – Other Contractual Services) to Account No. 057-543- 45300-000-16006 is hereby approved.
Section 6. That staff is hereby authorized and directed to take such actions as may be necessary and proper to accomplish the purposes of this resolution.
Section 7. 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 Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 354
Resolution No. 25-44 Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-44 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
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4927-1447-8132 v1 1
55452.01100\31193624.5
CITY OF SAN CLEMENTE
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio, San Clemente, California, 92673 ("City") and BKF ENGINEERS, a CALIFORNIA CORPORATION, with its principal place of business at 2100 FRANKLIN STREET SUITE 4C, OAKLAND, CA 94612 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional Storm Water Resources and Water Quality Design consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Storm Water Resources and Water Quality Design consulting services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional Storm Water Resources and Water Quality Design consulting services for the POCHE BEACH WATER RECLAMATION PROJECT DIVERSION DESIGN PROJECT ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Storm Water Resources and Water Quality Design consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.
All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from APRIL 16, 2025 to DECEMBER 15, 2026, or until the work is completed to the City’s satisfaction. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The $WWDFKPHQW
356
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Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control, the City being only concerned with the finished results of the work being performed. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be solely responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Neither Consultant nor Consultant's employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, workers’ compensation benefits, injury leave or other leave benefits. Consultant is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.
3.2.2 PERS Eligibility and Employee Payments Indemnification. In the event that Consultant's employee providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions that would otherwise be the responsibility of the City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant's employees providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contributions to be paid by City for employer contributions and/or employee contributions for PERS benefits. Consultant agrees to defend and indemnify the City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the PERS, social security, salary or wages, overtime payment, or workers’ compensation payment that the City may be required to make for work done under this Agreement. The provisions of this section 3.2.2 are continuing obligations that shall survive expiration or termination of this Agreement.
3.2.3 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.4 Endorsement on PS&E/ Other Data. Consultant shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by Consultant, and where appropriate will indicate Consultant’s authorized signature and professional registration number.
3.2.5 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
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3.2.6 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: DANIEL VILLINES, SENIOR PROJECT MANAGER (PROJECT MANAGER); ROGER CHUNG, ASSOCIATE PRINCIPAL (PROJECT ENGINEER); AND DENNIS BORATYNEC, PRINCIPAL ENGINEER (GEOTECHNICAL ENGINEER).
3.2.7 City's Representative. The City hereby designates DAVID REBENSDORF, PUBLIC WORKS DIRECTOR, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.8 Consultant's Representative. Consultant hereby designates DANIEL VILLINES, SENIOR PROJECT MANAGER (PROJECT MANAGER), or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative").
Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.9 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.10 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely 358
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completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.11 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.13 Insurance. Consultant agrees to procure and maintain, at Consultant’s expense all insurance specified in Exhibit “C” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed TWO HUNDRED SEVENTY-NINE THOUSAND FOUR HUNDRED FORTY DOLLARS ($279,440) without prior written approval of the City Council or City Manager as applicable. Extra Work may be previously authorized in writing, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set 359
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forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless previously authorized in writing by City, or included in Exhibit "D" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without prior written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “D” may be adjusted each year at the time of renewal as set forth in Exhibit “D.”
3.3.6 Labor Code Requirements.
3.3.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.3.6.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to Services performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, 360
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documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: BKF ENGINEERS
4675 MACARTHUR CT #400
NEWPORT BEACH, CA 92660
ATTN: DANIEL VILLINES, SENIOR PROJECT
MANAGER
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: LAURA CAMPAGNOLO, CITY CLERK and NIKI
BEACH, ENVIRONMENTAL PROGRAMS ANALYST
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in 361
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any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification.
3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, 362
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employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.5.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
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3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City, state and federal grant requirements and related programs, policies and guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts/Electronic Signatures. This Agreement may be signed in counterparts, each of which shall constitute an original. This Agreement may be signed with the same force and effect as original ink signatures.
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3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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
BKF ENGINEERS, A
CALIFORNIA CORPORATION
(“CONSULTANT”)
By:_____________________________
Gregory Hurd, CEO
Dated: __________________, 20____
By:_____________________________
Brian Scott, Secretary
Dated: __________________, 20____
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EXHIBIT "A"
SCOPE OF SERVICES
Consultant shall perform the following services (collectively, the “Services”) under this Agreement to the City’s satisfaction:
Task 1 – Field Survey
The Consultant shall attend one meeting with the City to kick off the contract and review survey limits with City staff.
The Consultant shall research, compile, and review existing survey control and mapping data from the City and County sources, and use field crews to establish control and gather field data required for the preparation of topographic maps of the two diversion sites and potential pipeline alignments to the PCBP.
The consultant shall compile mapped survey data to create a project site topography map at a scale of 1” = 20’ with 1-foot contours, and use field crews to survey the location of key features visible within the project limits including dipping storm drain and sewer manholes. These features will be depicted on the final topography map of the project site.
Right-of-way limits will be included in the map based on the subdivision and/or title information provided by the City and/or obtained by Consultant. Visible features along the alignment that could possibly be affected by construction activities will be recorded. The Consultant’s project manager will conduct a field review following the topographic mapping to clarify any ambiguous information in the mapping or to record physical features that were not captured by the survey.
Deliverable:
x Topographical Base Mapping with Recorded Right-of-Ways Task 2 – Preliminary Design 30%-Level Plans for Two (2) Alternatives The Consultant shall conduct up to two meetings with City staff to discuss the preparation of the 30%-level plans. The Consultant shall conduct necessary review of project data, maps, and records to manage and prepare 30%-level plans and preliminary cost opinions for two alternatives to accomplish the proposed diversions and conveyances. The plans shall be prepared on standard City title block and depict the facilities in plan and profile view. The plans shall depict the major components of the Project including points of connection, sediment control features, trash capture devices, shutoff valves, check valves, and pumps.
The Consultant’s subconsultant, CWE, shall prepare plans for pumps and pressurized conveyances. Hydraulic analyses shall be performed with software acceptable to the City, and OCPW for proposed improvements to their facilities. The Consultant and/or Subconsultant shall identify existing pre-Project features that will be affected by the Project and note their dispositions.
Each of two 30%-level plans prepared by the Consultant will explore one project design alternative The consultant shall submit the two 30%-level plans and preliminary cost opinions for each alternative to the City for review and comment, and for direction from the City on its preferred alternative for the Consultant to develop further.
Deliverables:
x Preliminary Design 30%-Level Plans for Two (2) Alternatives x Title Sheet (2)
x Right-of-Way Map (2)
x Plan Layout Sheets (4)
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x Detail Sheets (2)
x Preliminary Cost Opinion (2)
Task 3 – Geotechnical Investigation
The Consultant’s geotechnical subconsultant, LGC, will review the readily available background materials, including published geologic maps, groundwater data, topographic maps, stereoscopic aerial photographs, and project-related reports and/or plans provided by the City. The subconsultant LGC shall conduct a field reconnaissance to mark the proposed boring locations for utility clearance and coordination with Underground Service Alert and will prepare a permit application for drilling in the City right-of-way if deemed necessary.
The subconsultant LGC shall utilize up to two (2) small-diameter borings to evaluate the subsurface conditions for the Project. Each boring will be drilled to a depth of approximately 15- 20 feet. The borings will be backfilled with the displaced soil and patched with cold-patch asphalt.
If the boring sites or staging areas encroach onto City or other publicly available streets and/or sidewalks in any significant manner, the Consultant and/or subconsultant LGC shall prepare a traffic control plan for City review and approval.
The subconsultant LGC shall prepare a geotechnical evaluation report that will present the findings, conclusions, and recommendations for design and construction of the proposed improvements. The findings will include recommendations for foundation preparation, trenching, and backfill with native soils. The findings will also identify groundwater depths and concerns.
Deliverable:
x Geotechnical Investigation Report
Task 4 – 60%-Level Plans, Specifications, and Estimates During this task, the Consultant will conduct two (2) meetings with the City to coordinate on preparation of the following deliverables.
The Consultant will manage and prepare the 60%-level PS&E documents based on the preferred alternative selected by the City in Task 2. The Consultant will transmit the final 30%-level plans to each of the utility providers that provide service within the vicinity of the project, with a notification letter, project description, and a set of the 30%-level plans, and shall incorporate all important utility details into the 60%-level plans.
The 60%-level drawings will define the horizontal and vertical footprint of the proposed diversion facilities with additional details regarding alignment and construction details. The 60%-level plans will be prepared on City title block and will include a title sheet and plan and profile sheets. The Consultant’s subconsultant CWE will prepare related plans for pumps and pressurized conveyances. The 60%-level plans will be reviewed with City staff in order to explain engineering and construction related impacts associated with the Project. City comments will be incorporated into the plans during the preparation of the 90%-level plans for the Project.
The 60%-level submittal package will include a draft set of specifications prepared in accordance with the standard city format. The package will also include a quantity estimate and an opinion of probable construction cost for the Project based on the content of the 60%-level plans.
Deliverables:
x Title Sheet
x Right-of-Way Map
x Utility Base Map
x Plan & Profile Sheets
x Detail Sheets
x 60%-Level Cost Opinion
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x Draft Specifications
Task 5 – 90%-Level Plans, Specifications, and Estimates During this task, the Consultant will conduct two (2) meetings with the City to coordinate on preparation of the following deliverables.
The Consultant will consider all City feedback and advance the 60%-level plans to a 90%-level of completion, and include structural analyses and construction details for the Project. The structural design shall comply with Caltrans and OC Public Works methodology and criteria as applicable to the structure’s location. The 90%-level plans will comprise a complete plan set for the project including all construction-level details for the proposed improvements.
The Consultant will include in the 90%-level plan set a final draft version of the technical specifications, and an engineer’s estimate for the Project. The technical specifications will contain information pertaining to the materials and workmanship for the various Project elements. The engineer’s estimate will include a breakout of construction items for the Project, their corresponding estimated unit costs, and the total estimated construction cost for each item. A total estimated construction cost for the Project will be included at the bottom of the estimate.
Deliverables:
x 90%-Level Plans, Specifications, and Estimates
x Title Sheet
x Sheet Index and Construction Note Sheet
x Right-of-Way Map
x Utility Base Map
x Plan & Profile Sheets
x Detail Sheets
x Structural Detail Sheet
x 90%-Level Cost Opinion
x 90%-Level Bid (Specifications) Package
Task 6 – Final Plans, Specifications, and Estimates
The Consultant shall actively participate in a document review session with the City to present the 90%-level plans, technical specifications, and the engineer’s estimate. Comments issued by the City shall be incorporated into these documents for the production of final plans and final technical specifications.
The Consultant shall also revise the engineer’s estimate as needed to maintain consistency with the final plans. The Consultant shall also prepare a specification bid sheet, consisting of the list of decided upon construction work items, their respective quantities, and blank boxes for completion by the construction contractor(s) that may bid on the project, consisting of the work item unit price and work item total bid price.
Deliverables:
x Final Plans, Specifications, and Estimates
x Title Sheet
x Sheet Index and Construction Note Sheet
x Right-of-Way Map
x Utility Base Map
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x Plan & Profile Sheets
x Detail Sheets
x Structural Detail Sheet
x Final Cost Opinion
x Final Bid Package
Task 7 – Bid and Construction Support Services
Following release of the Invitation for Bids (IFB) by the City, the Consultant shall be available to attend the Project construction pre-bid meeting, and address questions raised by prospective contractors regarding the technical specifications and the design drawings during the bidding process. The Consultant will also assist the City in preparing addenda to the Bid Specifications delivered in Task 6 above, if required. Once a construction contract is awarded by the City, the Consultant shall participate in construction support services, if and when requested by the City.
Such support services may include, but are not limited to, participation in on-site meetings, review of shop drawings, and review material submittals, and also the review and preparation of written responses to requests for information (RFI’s) that may be made by the contractor during Project construction. The Consultant shall also prepare as-built record drawings that reflect the in-place improvements and include all revisions to the plans that are made and recorded by the contractor during the course of construction.
Deliverables:
x IFB Addendum(a), if and when requested by the City
x RFI Response(s), if and when requested by the City
x As-built record drawings
Task 8 – Support Services for Securing Environmental and Regulatory Permits If and when requested by the City, the Consultant will provide on-call engineering supporting services for the acquisition of regulatory permits, including encroachment permits and Coastal Development and other environmental permits, required for the construction of the Project facilities. These services may include the preparation of non-engineering illustrative graphics to simplify the presentation of key features of the Project, providing measurements of affected jurisdictional areas, writing technical responses to questions asked during permit application processing, and attending meetings to answer technical questions. These services may also include the development of preliminary alternatives for future Project modifications that will replace the current Poche Clean Beach Project, and/or redirect the conveyance of diverted and treated water to the City’s Water Reclamation Plant or the JB Latham Treatment Plant. This task will be limited to the budget provided within this agreement.
Deliverable:
x Support Services for Securing Environmental and Regulatory Permits 369
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EXHIBIT "A-I"
FEDERALLY REQUIRED PROVISIONS FOR SERVICES
Not Applicable to Design Phase of Poche Beach Water Reclamation Project
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EXHIBIT "B"
SCHEDULE OF SERVICES
Consultant shall diligently perform the Services under this Agreement to the City’s satisfaction according to the timeframes and schedule requested by the City. 371
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EXHIBIT “C”
INSURANCE REQUIREMENTS
3.2.12 Insurance.
3.2.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. (E) Cyber Liability Insurance with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, 372
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business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
3.2.12.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
3.2.12.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other 373
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insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.12.8 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.12.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.12.10 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.
3.2.12.11 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.12.12 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
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3.2.12.13 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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EXHIBIT “D”
COMPENSATION
In complete compensation for the Services provided under this Agreement, the City shall pay the Consultant on a TIME AND MATERIALS BASIS AT THE HOURLY RATES listed below for actual work performed. Consultant shall submit detailed invoices reflecting work actually performed on a monthly basis in a form acceptable to the City.
Total compensation under this Agreement, including reimbursable expenses, shall not exceed a total of $279,440. Additional work shall require approval in writing in advance by the Department Director or the City Manager.
Reimbursable expenses shall be limited to printing, mileage, and aerial photogrammetry up to and not to exceed $3,900.
376
\\Bkf-nb\vol4\2024\242278_San_Clemente_Poche_Beach_Water_Reclamation\DOC\00-Pursuit\B-Proposal\07-Fee\Poche_Fee_WBS_Rev.xls 3/18/2025 City of San Clemente
Poche Beach Water Reclamation Project
Diversion Design Project
ESTIMATED FEES & EXPENSES
BKF Engineers CWE DCDG LGC Geotechnical
Task Description
No. of
dwgs
SPM SPE DE S-Chief S-Inst SPM PE DE EPE PR SGE GE CL Total Fees Expenses Task Total hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs Fees hrs Fess TASK 1 Field Survey 20 16 16 52 $11,892 $2,900 52 $14,792 TASK 2 Preliminary Design 30%-Level Plans for 2 Alts. 12 24 64 16 32 40 24 200 $44,728 200 $44,728 TASK 3 Geotechnical Investigation 8 8 40 24 4 84 $15,940 84 $15,940 TASK 4 60%-Level Plans, Specifications, and Estimate 7 16 80 24 32 40 40 232 $50,240 232 $50,240 TASK 5 90%-Level Plans, Specifications, and Estimate 10 16 80 24 32 40 40 32 264 $54,240 264 $54,240 TASK 6 Final Plans, Specifications, and Estimate 10 8 24 8 16 21 21 4 102 $21,780 $500 102 $22,280 TASK 7 Bid and Construction Support Services 75 25 100 $26,500 $500 100 $27,000 TASK 8 Support Services for Securing Environmental and Regulatory 80 40 76 196 $50,220 196 $50,220 Permits
GRAND TOTAL HOURS 247 288 72 16 16 213 141 125 36 8 40 24 4 1230 1,230 GRAND TOTAL FEES $65,455 $63,936 $12,240 $3,552 $3,040 $56,445 $31,302 $21,250 $4,500 $2,000 $7,800 $3,720 $300 $275,540 $3,900 $279,440 377
BKF ENGINEERS PROFESSIONAL SERVICES RATE SCHEDULE
Poche Beach Water Reclamation Project Diversion Design Project
CLASSIFICATION HOURLY RATE
PROJECT MANAGEMENT
Principal $302.00
Senior Associate Principal $280.00
Associate Principal $273.00
Senior Project Manager | Senior Technical Manager $265.00 Project Manager | Technical Manager $260.00
Engineering Manager | Surveying Manager | Planning Manager $239.00
TECHNICAL STAFF
Senior Project Engineer | Senior Project Surveyor | Senior Project Planner $222.00 Project Engineer | Project Surveyor | Project Planner $195.00 Design Engineer | Staff Surveyor | Staff Planner $170.00 BIM Specialist I, II, III $170.00 - $195.00 - $222.00
Technician I, II, III, IV $162.00 - $172.00 - $189.00 - $203.00 Drafter I, II, III, IV $127.00 - $139.00 - $150.00 - $167.00 Engineering Assistant | Surveying Assistant | Planning Assistant $106.00
FIELD SURVEYING
Survey Party Chief $222.00
Instrument Person $190.00
Survey Chainperson $143.00
Utility Locator I, II, III, IV $116.00 - $164.00 - $197.00 - $224.00 Apprentice I, II, III, IV $88.00 - $118.00 - $130.00 - $138.00
CONSTRUCTION ADMINISTRATION
Senior Consultant $290.00
Senior Construction Administrator $253.00
Resident Engineer $188.00
Field Engineer I, II, III $170.00 - $195.00 - $222.00
FUNDING & GRANT MANAGEMENT
Director of Funding Strategies $208.00
Funding Strategies Manager $190.00
Funding/Research Analyst I, II, III, IV $130.00 - $150.00 - $160.00 - $176.00
PROJECT ADMINISTRATION
Project Coordinator $142.00
Senior Project Assistant $122.00
Project Assistant $108.00
Clerical | Administrative Assistant $90.00
Expert witness rates are available upon request.
BKF ENGINEERS
378
.........................
PROFESSIONAL FEE SCHEDULE
GEOTECHNICAL SERVICES
Professional Billing Rate (per hour)
Word Processing / Clerical . ........................................................................................................................................................ $ 75.00 CAD Operator............................................................................................................................................................................................100.00 Junior Field Technician........................................................................................................................................................................100.00 Senior Field Technician/Field Supervisor/Operations Manager...................................................................................115.00 Jr./Sr. Field Technician/ Field Supervisor/Operations Manager Prevailing Wage...............................................160.00 Jr. Staff Engineer/Geologist ...............................................................................................................................................................125.00 Staff Engineer/Geologist.....................................................................................................................................................................135.00 Senior Staff Engineer/Geologist......................................................................................................................................................145.00 Project Engineer/Geologist................................................................................................................................................................155.00 Senior Project Engineer/Geologist ................................................................................................................................................175.00 Geotechnical Engineer/Engineering Geologist/Project Manager..................................................................................185.00 Senior Geotechnical Engineer/Engineering Geologist/Project Manager...................................................................195.00 Vice President of Engineering/Geology/Project Management .......................................................................................205.00 Senior Vice President of Engineering/Geology/Project Management ........................................................................215.00 Director of Engineering/Geology....................................................................................................................................................225.00 Associate Engineer/Geologist ..........................................................................................................................................................235.00 Principal Engineer/Geologist ...........................................................................................................................................................250.00 Senior Principal Engineer/Geologist ............................................................................................................................................275.00 Engineering Equipment
Field Vehicle Usage......................................................................................................................................................... $ 10.00/per hour Vehicle Mileage.................................................................................................................................................included in vehicle usage Nuclear Soil Gauge and Inclinometer........................................................................................................included in hourly rate Other Monitoring Equipment.............................................................................................................................................Upon Request Laboratory Tests
Moisture Content .................................................................................................................................................................................. $ 30.00 Moisture and Density (ring samples) .................................................................................................................................................. 45.00 Maximum Dry Density (optimum moisture content) ................................................................................................................ 285.00 Maximum Density Checkpoint ............................................................................................................................................................... 85.00 Sieve Analysis ............................................................................................................................................................................................. 185.00 Hydrometer Analysis .............................................................................................................................................................................. 145.00 Sieve and Hydrometer Analysis ......................................................................................................................................................... 240.00 Percent Passing No. 200 Sieve ............................................................................................................................................................... 90.00 Liquid Limit and Plastic Limit ............................................................................................................................................................. 235.00 Liquid Limit – Non-Plastic (1pt) ......................................................................................................................................................... 110.00 Sand Equivalent ........................................................................................................................................................................................ 140.00 Expansion Index........................................................................................................................................................................................ 170.00 Direct Shear (shear rate of 0.05 in./min.) ...................................................................................................................................... 385.00 Direct Shear (shear rate of lower than 0.05 in./min.) ............................................................................................................... 465.00 Single Point Shear .................................................................................................................................................................................... 140.00 Unconsolidated Undrained Triaxial Shear ..................................................................................................................................... 225.00 Consolidation (w/o time rate) ............................................................................................................................................................ 255.00 w/time rate, add (per increment) .............................................................................................................................................. 60.00 w/extra load, add (per load) ......................................................................................................................................................... 55.00 Collapse Test (ASTM D4546-B) .......................................................................................................................................................... 140.00 R-Value (untreated) ................................................................................................................................................................................. 400.00 131 Calle Iglesia, Suite 200, San Clemente, CA 92672 (949) 369-6141 www.lgcgeotechnical.com 379 CWE Rates
Principal: $320/Hr
Sr. Project Manager: $265/Hr
Project Engineer: $222/Hr
Design Engineer: $170/Hr
Assistant Engineer: $119/Hr
CAD Designer: $102/Hr
Admin Assistant: $117/Hr
CD Design Group
Electrical Project Engineer: $125/Hr
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WORKER’S COMPENSATION INSURANCE CERTIFICATION
WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.
I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:
Carrier____________________________________________________ Policy Number______________________________________________
I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker’s compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.
WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION
COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO
CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
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Dated: ________________________, 20____
________________________________
(“CONSULTANT”)
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
382
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 1
Meeting Date: April 15, 2025 Agenda Item: 10G.
Submitted By: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject:
..titl e
CONSIDERATION OF ADOPTING RESOLUTION NO. 25-45 AND RESOLUTION NO. 25-46, APPROVING
GRANT APPLICATIONS FOR THE LAND AND WATER CONSERVATION FUND FOR THE VISTA
HERMOSA SPORTS PARK MEADOWS PROJECT AND THE RALPHS SKATE COURT SKATE PARK EXPANSION PROJECT ..body, RESPECTIVELY
Fiscal Impact:
If the grant funding is received, the Vista Hermosa Sports Park Meadows Development project would receive up to $200,000 and the Skate Court Expansion project would receive up to $150,000.
Both projects are currently funded through the Parks Acquisition and Development Fund. If awarded, the Land and Water Conservation Fund (“LWCF”) grant would provide up to 50% of eligible project costs, allowing the City to offset expenditures from the Parks Acquisition and Development Fund. This would result in a direct financial benefit to the City by preserving local funding for future park improvements and other priority projects.
Summary:
The LWCF is a federally funded program administered by the California Department of Parks and Recreation. The program provides matching grants for the acquisition and development of public outdoor recreational spaces. Staff recommends the City Council adopt two resolutions, authorizing staff to apply for grant funding for (1) the Vista Hermosa Sports Park Meadows Development; and (2) the Skate Court Expansion Project.
Background:
If the City Council authorizes staff to apply for the LWCF grant, staff will proceed with preparing and submitting the grant applications. The grant process includes competitive evaluation, and awards are typically announced within 12-18 months.
Applying for the LWCF grant aligns with the City's strategic goal of maximizing external funding sources for public improvements. If successful, this grant would provide significant cost savings while enhancing the City's recreational offerings. Staff recommends that the City Council approve the resolutions to authorize the submission of the grant applications. LWCF grants require that funded projects remain dedicated to public recreation use in perpetuity, aligning with the City's long-term commitment to expanding and improving recreational facilities. 383
Meeting Date: April 15, 2025 Agenda Item: 10G.
CITY OF SAN CLEMENTE 2
Council Options:
Adopt Resolution No. 25-45 and Resolution No. 25-46, which will approve the filing of two applications for Land and Water Conservation Fund assistance for the proposed projects, and authorize the Beaches, Parks & Recreation Director to execute and submit all documents. Modify Resolution No. 25-45 and Resolution No. 25-46. Direct staff to return to Council with additional information. Take no action.
Environmental Review/Analysis:
Pursuant to Section 15378(b)(5) of the California Environmental Quality Act (“CEQA”) Guidelines (14 CCR Section 15378(b)(5)), the consideration of submitting an application to the LWCF contemplated in this report does not constitute a “project” under CEQA because it is an administrative activity of government that will not result in direct or indirect physical changes in the environment.
Recommended Actions:
Staff Recommendation ..recommendation
Staff Recommends the City Council adopt:
1. Resolution No. 25-45, entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, APPROVING THE GRANT APPLICATION FOR THE LAND
AND WATER CONSERVATION FUND VISTA HERMOSA SPORTS PARK MEADOWS DEVELOPMENT PROJECT; and
2. Resolution No. 25-46, entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, APPROVING THE GRANT APPLICATION FOR THE LAND AND WATER CONSERVATION FUND SKATE COURT EXPANSION PROJECT. ..end
Attachment:
1. Resolution No. 25-45, Vista Hermosa Sports Park Meadows Development Project
2. Resolution No. 25-46, Skate Court Expansion Project
3. General Provisions contained in the form contract shown in the Grant Administration Guide Notification:
None.
384
Attachment 1
RESOLUTION NO. 25-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, APPROVING THE GRANT
APPLICATION FOR THE LAND AND WATER
CONSERVATION FUND VISTA HERMOSA SPORTS PARK
MEADOWS DEVELOPMENT PROJECT
WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing applications by local agencies under the program; and WHEREAS, the applicant is required to certify by resolution the approval of the grant application and the availability of eligible matching funds prior to submission of the application to the State.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:
Section 1. That the filing of an application for Land and Water Conservation Fund assistance for the proposed Vista Hermosa Sports Park Meadows Development project is hereby approved; and
Section 2. That the City of San Clemente hereby certifies that as the applicant it has reviewed, understands, and agrees to the General Provisions contained in the form contract shown in the Grant Administration Guide; and
Section 3. That the City of San Clemente hereby agrees to abide by 54 U.S.C. §200305(f)(3), which requires: “No property acquired or developed with assistance under this section shall, without the approval of the Secretary, be converted to other than public outdoor recreation use. The Secretary shall approve a conversion only if the Secretary finds it to be in accordance with the then-existing comprehensive statewide outdoor recreation plan and only on such conditions as the Secretary considers necessary to ensure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.”
Section 4. That the City of San Clemente hereby certifies that it has matching funds from eligible source(s) and can finance 100 percent of the Vista Hermosa Sports Park Meadows Development project, which up to half may be reimbursed; and Section 5. That the City of San Clemente hereby agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines in connection with the requested grant.
385
Resolution No. 25-45 Page 2
Section 6. That the Beaches, Parks & Recreation Director is hereby appointed as agent of the applicant to take such actions, conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and documents related to compliance with all applicable current state and federal laws that may be necessary for the completion of the aforementioned project.
Section 7. 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 Steve Knoblock, Mayor of the
San Clemente, California City of 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. 25-45 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________.
__________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
386
Attachment 2
RESOLUTION NO. 25-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, APPROVING THE GRANT
APPLICATION FOR THE LAND AND WATER
CONSERVATION FUND SAN CLEMENTE SKATE COURT
EXPANSION PROJECT
WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes; and WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing applications by local agencies under the program; and WHEREAS, the applicant is required to certify by resolution the approval of the grant application and the availability of eligible matching funds prior to submission of the application to the State.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:
Section 1. That the filing of an application for Land and Water Conservation Fund assistance for the proposed San Clemente Skate Court Expansion project is hereby approved; and
Section 2. That the City of San Clemente hereby certifies that as the applicant it has reviewed, understands, and agrees to the General Provisions contained in the form contract shown in the Grant Administration Guide; and
Section 3. That the City of San Clemente hereby agrees to abide by 54 U.S.C. §200305(f)(3), which requires: “No property acquired or developed with assistance under this section shall, without the approval of the Secretary, be converted to other than public outdoor recreation use. The Secretary shall approve a conversion only if the Secretary finds it to be in accordance with the then-existing comprehensive statewide outdoor recreation plan and only on such conditions as the Secretary considers necessary to ensure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.”
Section 4. That the City of San Clemente hereby certifies that it has matching funds from eligible source(s) and can finance 100 percent of the San Clemente Skate Court Expansion project, which up to half may be reimbursed; and Section 5. That the City of San Clemente hereby agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines in connection with the requested grant.
387
Resolution No. 25-46 Page 2
Section 6. That the Beaches, Parks & Recreation Director is hereby appointed as agent of the applicant to take such actions, conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and documents related to compliance with all applicable current state and federal laws that may be necessary for the completion of the aforementioned project.
Section 7. That 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 Steve Knoblock, Mayor of the
San Clemente, California City of 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. 25-46 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
388
28 State of California — The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Land and Water Conservation Fund
Grant Contract Provisions
Part I - Definitions
A. The term “NPS” or “Service” as used herein means the National Park Service, United States Department of the Interior.
B. The term “Director” as used herein means the Director of the National Park Service, or any representative lawfully delegated the authority to act for such Director.
C. The term “Manual” as used herein means the Land and Water Conservation Fund State Assistance Program Manual, Volume 71 (March 11, 2021).
D. The term “project” as used herein means a Land and Water Conservation Fund grant which is subject to the grant agreement and/or its subsequent amendments.
E. The term “State” as used herein means the State, Territory or District of Columbia that is a party to the project agreement, and, where applicable, the political subdivision or public agency to which funds are to be transferred pursuant to this agreement. Wherever a term, condition, obligation, or requirement refers to the State, such term, condition, obligation, or requirement shall also apply to the recipient political subdivision or public agency, except where it is clear from the nature of the term, condition, obligation, or requirement that it is to apply solely to the State. For purposes of these provisions, the terms “State,” “grantee,” and “recipient” are deemed synonymous.
F. The term “Secretary” as used herein means the Secretary of the Interior, or any representative lawfully delegated the authority to act for such Secretary.
G. The term “Land and Water Conservation Fund” or “LWCF” as used herein means the Financial Assistance to States section of the LWCF Act (Public Law 88-578, 78 Stat 897, codified at 54 USC §2003), which is administered by the NPS.
Part II - Continuing Assurances
The parties to the project agreement specifically recognize that accepting LWCF assistance for the project creates an obligation to maintain the property described in the agreement and supporting application documentation consistent with the LWCF Act and the following requirements.
Further, it is the acknowledged intent of the parties hereto that recipients of LWCF assistance will use monies granted hereunder for the purposes of this program, and that assistance granted from the LWCF will result in a net increase, commensurate at least with the Federal cost-share, in a participant's outdoor recreation.
It is intended by both parties hereto that the LWCF assistance will be added to, rather than replace or be substituted for, State and local outdoor recreation funds.
A. The State agrees, as recipient of the LWCF assistance, that it will meet the LWCF General Provisions, and the terms and provisions as contained or referenced in, or attached to, the NPS grant agreement and that it will further impose these terms and provisions upon any political subdivision or public agency to which funds are subawarded pursuant to the grant agreement.
The State also agrees that it shall be responsible for compliance with the terms and provisions of the agreement by such a political subdivision or public agency and that failure by such Attachment 3
389
29 political subdivision or public agency to so comply shall be deemed a failure by the State to comply.
B. The State agrees that the property described in the grant agreement and depicted on the signed and dated project boundary map made part of that agreement is being acquired or developed with LWCF assistance, or is integral to such acquisition or development, and that, without the approval of the Secretary, it shall not be converted to other than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the term of the lease in the case of property leased from a federal agency. The Secretary shall approve such conversion only if it is found to be in accord with the then existing statewide comprehensive outdoor recreation plan and only upon such conditions deemed necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location (54 U.S.C. 200305(f)(3)). The LWCF postcompletion compliance regulations at 36 C.F.R. Part 59 provide further requirements. The replacement land then becomes subject to LWCF protection. The approval of a conversion shall be at the sole discretion of the Secretary, or designee.
Prior to the completion of this project, the State and the Director may mutually alter the area described in the grant agreement and depicted in the signed and dated project boundary map to provide the most satisfactory public outdoor recreation unit, except that acquired parcels are afforded LWCF protection as Fund reimbursement is provided.
In the event the NPS provides LWCF assistance for the acquisition and/or development of property with full knowledge that the project is subject to reversionary rights and outstanding interests, conversion of said property to other than public outdoor recreation uses as a result of such right or interest being exercised will occur. In receipt of this approval, the State agrees to notify the NPS of the potential conversion as soon as possible and to seek approval of replacement property in accord with the conditions set forth in these provisions and the program regulations. The provisions of this paragraph are also applicable to leased properties developed with LWCF assistance where such lease is terminated prior to its full term due to the existence of provisions in such lease known and agreed to by the NPS; and properties subject to other outstanding rights and interests that may result in a conversion when known and agreed to by the NPS.
C. The State agrees that the benefit to be derived by the United States from the full compliance by the State with the terms of this agreement is the preservation, protection, and the net increase in the quality and quantity of public outdoor recreation facilities and resources which are available to the people of the State and of the United States, and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the United States by way of assistance under the terms of this agreement. The State agrees that payment by the State to the United States of an amount equal to the amount of assistance extended under this agreement by the United States would be inadequate compensation to the United States for any breach by the State of this agreement.
The State further agrees, therefore, that the appropriate remedy in the event of a breach by the State of this agreement shall be the specific performance of this agreement or the submission and approval of a conversion request as described in Section II.B above.
D. The State agrees to comply with the policies and procedures set forth in the Manual.
Provisions of said Manual are incorporated into and made a part of the project grant agreement.
E. The State agrees that the property and facilities described in the grant agreement shall be operated and maintained as prescribed by Manual requirements and published post-completion compliance regulations (36 C.F.R. Part 59).
390
30 F. The State agrees that a notice of the grant agreement shall be recorded in the public property records (e.g., registry of deeds or similar) of the jurisdiction in which the property is located, to the effect that the property described and shown in the scope of the grant agreement and the signed and dated project boundary map made part of the agreement, has been acquired or developed with LWCF assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the Secretary as described in Part II.B. above.
G. Nondiscrimination
1. By signing the LWCF agreement, the State certifies that it will comply with all Federal laws relating to nondiscrimination as outlined in Section V of the Department of the Interior Standard Award Terms and Conditions.
2. The State shall not discriminate against any person on the basis of residence, except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence as set forth in 54 U.S.C. §200305(i) and the Manual.
Part III - Project Assurances
A. Project Application
1. The Application for Federal Assistance bearing the same project number as the Grant Agreement and associated documents is by this reference made a part of the agreement.
2. The State possesses legal authority to apply for the grant, and to finance and construct the proposed facilities. A resolution, motion or similar action has been duly adopted or passed authorizing the filing of the application, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the State to act in connection with the application and to provide such additional information as may be required.
3. The State has the capability to finance the non-Federal share of the costs for the project.
Sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the project.
B. Project Execution
1. The project period shall begin with the date of approval of the project agreement or the effective date of a waiver of retroactivity and shall terminate at the end of the stated or amended project period unless the project is completed or terminated sooner in which event the project shall end on the date of completion or termination.
2. The State shall transfer to the project sponsor identified in the Application for Federal Assistance all funds granted hereunder except those reimbursed to the State to cover eligible expenses derived from a current approved negotiated indirect cost rate agreement.
3. The State will cause work on the project to start within a reasonable time after receipt of notification that funds have been approved and assure that the project will be implemented to completion with reasonable diligence.
4. The State shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all applicable Federal, State, and local laws and regulations.
5. The State will provide for and maintain competent and adequate architectural/ engineering supervision and inspection at the construction site to ensure that the completed work conforms 391
31 with the approved plans and specifications; that it will furnish progress reports and such other information as the NPS my require.
6. In the event the project covered by the project agreement, cannot be completed in accordance with the plans and specifications for the project; the State shall bring the project to a point of recreational usefulness agreed upon by the State and the Director or designee in accord with Section “Project Termination” of this agreement.
7. As referenced in the DOI Standard Terms and Conditions, the State will ensure the project’s compliance with applicable federal laws and their implementing regulations, including: the Architectural Barriers Act of 1968 (P.L. 90-480) and DOI’s Section 504 Regulations (43 C.F.R.
Part 17); the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), and applicable regulations; and the Flood Disaster Protection Act of 1973 (P.L. 93-234).
8. The State will comply with the provisions of: Executive Order 11988, relating to evaluation of flood hazards; Executive Order 11288, relating to the prevention, control, and abatement or water pollution, and Executive Order 11990 relating to the protection of wetlands.
9. The State will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (54 U.S.C. §306108) and the Advisory Council on Historic Preservation regulations (36 C.F.R. Part 800) by adhering to procedural requirements while considering the effect of this grant award on historic properties. The Act requires federal agencies to take into account the effects of their undertaking (grant award) on historic properties by following the process outlined in regulations. That process includes (1) initiating the process through consultation with the State Historic Preservation Officer and the other on the undertaking, as necessary, by (2) identifying historic properties listed on or eligible for inclusion on the National Register of Historic Places that are subject to effects by the undertaking, as necessary, by (3) assessing the effects of the undertaking upon such properties, if present, and by (4) resolving adverse effects through consultation and documentation according to 36 C.F.R. §800.11. If an unanticipated discovery is made during implementation of the undertaking the State in coordination with NPS shall consult per provisions 36 C.F.R. §800.13.
10. The State will assist the NPS in its compliance with the National Environmental Policy Act of 1969, as amended (42 U.S.C. §4321 et seq.) and the CEQ regulations (40 C.F.R. §1500-1508), by adhering to procedural requirements while considering the consequences of this project on the human environment. This Act requires Federal agencies to take into account the reasonably foreseeable environmental consequences of all grant-supported activities. Grantee and subrecipients are required to provide the NPS with a description of any foreseeable impacts to the environment from grant-supported activities or demonstrate that no impacts will occur through documentation provided to the NPS. The applicant must submit an Application & Revision Form in order to assist the NPS in determining the appropriate NEPA pathway when grant-assisted development and other ground disturbing activities are expected. If a Categorical Exclusion (CE) is the appropriate pathway, the NPS will confirm which CE, according to NPS Director’s Order 12, applies.
D. Construction Contracted for by the State Shall Meet the Following Requirements:
1. Contracts for construction shall comply with the provisions of 43 CFR Part 12 (Administrative and Audit Requirements and Cost Principles for Assistance Programs, Department of the Interior).
2. No grant or contract may be awarded by any grantee, subgrantee or contractor of any grantee or subgrantee to any party which has been debarred or suspended under Executive 392
32 Order 12549. By signing the LWCF agreement, the State certifies that it will comply with debarment and suspension provisions appearing at Part III-J herein.
E. Retention and Custodial Requirements for Records
1. Financial records, supporting documents, statistical records, and all other records pertinent to this grant shall be retained in accordance with 43 C.F.R. Part 12 for a period of three years; except the records shall be retained beyond the three-year period if audit findings have not been resolved.
2. The retention period starts from the date of the final expenditure report for the project.
3. State and local governments are authorized to substitute copies in lieu of original records.
4. The Secretary of the Interior and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the State and local governments and their subgrantees which are pertinent to a specific project for the purpose of making audit, examination, excerpts and transcripts.
F. Project Termination
1. The Director may temporarily suspend Federal assistance under the project pending corrective action by the State or pending a decision to terminate the grant by the NPS.
2. The State may unilaterally terminate the project at any time prior to the first payment on the project. After the initial payment, the project may be terminated, modified, or amended by the State only by mutual agreement with the NPS.
3. The Director may terminate the project in whole, or in part, at any time before the date of completion, whenever it is determined that the grantee has failed to comply with the conditions of the grant. The Director will promptly notify the State in writing of the determination and the reasons for the termination, together with the effective date. Payments made to States or recoveries by the NPS under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties.
4. The Director or State may terminate grants in whole, or in part at any time before the date of completion, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The NPS may allow full credit to the State for the Federal share of the noncancelable obligations, properly incurred by the GRANTEE prior to termination.
5. Termination either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by the State and the Director or that all funds provided by the NPS be returned.
G. Lobbying with Appropriated Funds
The State must certify, for the award of grants exceeding $100,000 in Federal assistance, that no Federally appropriated funds have been paid or will be paid, by or on behalf of the State, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding, extension, continuation, renewal, amendment, or modification of this grant. In compliance with Section 1352, title 31, U.S. Code, the State certifies, as follows:
393
33 The undersigned certifies, to the best of their knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
H. Provision of a Drug-Free Workplace
In compliance with the Drug-Free Workplace Act of 1988 (43 C.F.R. Part 12, Subpart D), the State certifies, as follows:
The grantee certifies that it will or continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of a grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will:
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 394
34 (e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted; (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f).
The State must include with its application for assistance a specification of the site(s) for the performance of work to be done in connection with the grant.
I. Hold Harmless
The Grantee shall indemnify the State of California and its officer, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liability due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, Development, construction, operation, or maintenance of the Project.
J. Civil Rights Assurance
The State certifies that, as a condition to receiving any Federal assistance from the Department of the Interior, it will comply with all Federal laws relating to nondiscrimination. These laws include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1), which prohibits discrimination on the basis of race, color, or national origin; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicap; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et. seq.), which prohibits discrimination on the basis of age; and applicable regulatory requirements to the end that no person in the United States shall, on the grounds of race, color, national origin, handicap or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the applicant.
THE APPLICANT HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement.
THIS ASSURANCE shall apply to all aspects of the applicant's operations including those parts that have not received or benefited from Federal financial assistance.
If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant by the Department, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended to it by the Department.
395
35 THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant by the Department, including installment payments after such date on account of applications for Federal financial assistance which were approved before such date.
The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United State shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, and subrecipients and the person whose signature appears on the grant agreement and who is authorized to sign on behalf of the Applicant.
K. Debarment and Suspension
Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission or embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
The State further agrees that it will include the clause "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions" appearing below in any agreement entered into with lower tier participants in the implementation of this grant. Department of Interior Form 1954 (DI-1954) may be used for this purpose.
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - Lower Tier Covered Transactions
(1) The prospective lower tier participant certifies, by submission of this application that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this application. 396
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 1
Meeting Date: April 15, 2025 Agenda Item: 10H.
Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director Subject:
CONSIDERATION OF SUBMITTING A LETTER OF OPPOSITION TO THE CALIFORNIA LEGISLATURE REGARDING ASSEMBLY BILL 820 (PELLERIN) – A BILL TO ADD SECTION 50206 TO THE CALIFORNIA HEALTH AND SAFETY CODE RELATING TO HOMELESSNESS
TRANSPORT
Fiscal Impact:
None.
Summary:
Proposed Assembly Bill (AB) 820 would prohibit an employee of a local government or law enforcement agency, when acting in their official capacity, from transporting and dropping off, or arranging for, or funding, the transport and drop off, of a homeless individual within another jurisdiction unless the employee first coordinates shelter or long-term housing for the homeless individual, as defined and specified. This bill would make a local government or law enforcement agency liable for a civil penalty of $10,000 for each violation of these provisions.
City staff have identified a number of situations involving the transportation of homeless individuals outside of the City that would create concern for City operations should AB 820 pass.
Due to these concerns, City staff has drafted a letter of opposition of the proposed bill for City Council consideration.
Discussion:
AB 820 proposes to prohibit employees of a local government or law enforcement agency from transporting and dropping off a homeless individual “within a different jurisdiction for the purpose of relocating the homeless individual on a permanent or temporary basis, unless the employee first coordinates shelter or long-term housing for the homeless individual with the individual or entity that will provide that shelter or long-term housing,” or arranging for and funding such activity. Violations of this law could result in fines of $10,000 per occurrence issued to the City.
While staff understands that concerns have been raised in California about jurisdictions “dumping” homeless individuals in other jurisdictions, this law potentially affects many existing, and legitimate, transportation services provided by the City to assist the homeless as part of a wide variety of services and resources offered. San Clemente’s Community Outreach Workers assist the homeless population on a very regular basis with these various services in an effort to help individuals accept and acquire shelter or long-term housing. 397
Meeting Date: April 15, 2025 Agenda Item: 10H.
CITY OF SAN CLEMENTE 2
City staff has identified a number of situations where such transportation assistance provided by the City would create significant concern should AB 820 be adopted, as they relate to the transportation of homeless individuals from San Clemente to locations outside of the City. The services provided by City staff that could be negatively impacted by the passage of AB 820 include, but are not limited to, the following examples:
Providing the homeless with transportation assistance to several other cities in order for them to receive a multitude of treatments unavailable within the City (drugs/alcohol/mental health).
Providing the homeless with transportation assistance to faith-based work programs in other cities due to their unavailability within the City. Providing the homeless with transportation assistance to their permanent home, if they have become stranded.
Providing the homeless with transportation assistance to major hospitals in other cities. Providing the homeless with transportation assistance to recuperative care facilities in other cities because San Clemente does not have one available. Providing the homeless with transportation assistance to various government agency offices (i.e., Social Security Administration or County Clerk-Recorder) in other cities because those agencies do not have offices in San Clemente.
This bill would severely limit San Clemente’s ability to offer solutions to the homeless population as part of the effort to help those individuals accept and acquire shelter or housing. Due to the desire to continue providing these services, City staff recommends a letter of opposition to AB 820 be sent to the State Legislature.
Council Options:
Approve and authorize the Mayor to execute the proposed letter of opposition to Assembly Bill 820, provided as Attachment 1.
Modify the letter of opposition and authorize the Mayor to execute the letter. Take no action.
Environmental Review/Analysis:
Not a project pursuant to CEQA guidelines section 15378 (14 CCR 15378). The letter of opposition for AB 820 has no potential for resulting in either a direct or physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
Recommended Actions:
Staff Recommendation
STAFF RECOMMENDS THAT the City Council approve, and authorize the Mayor to execute, the letter of opposition for Assembly Bill 820.
398
Meeting Date: April 15, 2025 Agenda Item: 10H.
CITY OF SAN CLEMENTE 3
Attachment:
1. Proposed Letter of Opposition to Assembly Bill 820
2. Assembly Bill 820
Notification:
None.
399
Attachment 1
OFFICE OF THE MAYOR
AND CITY COUNCIL
Steve Knoblock
Mayor
Mark Enmeier
Mayor Pro Tem
Victor Cabral
Rick Loeffler
Zhen Wu
CITY MANAGER
Andy Hall
910 Calle Negocio
San Clemente, CA 92673
Phone: (949) 361-8200
“The Spanish Village
by the Sea”
April 15, 2025
Dear,
On behalf of the City of San Clemente, the City of San Clemente opposes Assembly Bill (AB) 820 and strongly urges you to thoroughly research the policies and procedures currently implemented by each city and government agency who would be impacted by such a proposal.
San Clemente has significant concerns regarding the impact of AB 820. Foremost among them is the issue of transportation of the homeless community for various, legitimate purposes in an effort to further their acceptance and acquisition of shelter or long-term housing. While the City of San Clemente understands that concerns have been raised in California about jurisdictions “dumping” homeless individuals in other jurisdictions, AB 820 potentially affects many existing, and legitimate, transportation services provided by the City of San Clemente. San Clemente’s Community Outreach Workers assist the homeless population on a very regular basis with these various services in an effort to help individuals accept and acquire shelter or housing.
AB 820 would seriously impair the City’s ability to assist its clients with the following services, among others, when such are located outside the City:
Providing transportation to medical appointments.
Providing transportation to faith-based work programs. Providing transportation to hospitals.
Providing transportation to their permanent home.
Providing transportation to governmental agency offices (i.e., Social Security Administration).
AB 820 will result in a variety of negative impacts with regard to the assistance that the City currently provides to the homeless population. Additionally, AB 820 would establish a civil penalty of $10,000 for each violation of the Bill should any of the above-listed activities be subjectively determined to be “for the purpose of relocating” a homeless individual. For these reasons, the City of San Clemente opposes Assembly Bill 820,
Sincerely,
Steve Knoblock
Mayor, City of San Clemente
CELEBRATING 90 YEARS OF INCORPORATION
400
california legislature—2025–26 regular session
ASSEMBLY BILL No. 820
Introduced by Assembly Member Pellerin
February 19, 2025
An act to add Section 50206 to the Health and Safety Code, relating to homelessness.
legislative counsel’s digest
AB 820, as introduced, Pellerin. Homelessness: transport.
Existing law establishes various programs to assist homeless individuals, including the Homeless Emergency Aid Program, the Homeless Housing, Assistance, and Prevention Program, and the Regionally Coordinated Homelessness Housing, Assistance, and Prevention Program.
This bill would prohibit an employee of a local government or law enforcement agency, when acting in their official capacity, from transporting and dropping off, or arranging for or funding the transport and drop off, of a homeless individual within a jurisdiction unless the employee first coordinates shelter or long-term housing for the homeless individual, as defined and specified. This bill would make a local government or law enforcement agency liable for a civil penalty of $10,000 for each violation of these provisions.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
99 Attachment 2
401
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 50206 is added to the Health and Safety line 2 Code, to read:
line 3 50206. (a) For purposes of this section:
line 4 (1) “Emergency shelter” means housing with minimal supportive line 5 services for homeless individuals that is limited to occupancy of line 6 six months or less by a homeless individual.
line 7 (2) “Homeless individual” means any of the following:
line 8 (A) An individual who lacks a fixed, regular, and adequate line 9 nighttime residence.
line 10 (B) An individual with a primary nighttime residence that is a line 11 public or private place not designed for or ordinarily used as a line 12 regular sleeping accommodation for human beings, including, but line 13 not limited to, a car, park, abandoned building, bus station, train line 14 station, airport, or camping ground.
line 15 (C) An individual living in a supervised publicly or privately line 16 operated shelter designated to provide temporary living line 17 arrangements, including hotels or motels paid for by federal, state, line 18 or local government programs for low-income individuals or by line 19 charitable organizations, congregate shelters, or transitional line 20 housing.
line 21 (3) “Law enforcement agency” means a police department, line 22 sheriff’s department, district attorney, or county probation line 23 department.
line 24 (4) “Local government” means any city, county, city and county, line 25 special district, or other subdivision of the state. line 26 (5) “Permanent supportive housing” means housing for homeless line 27 individuals, with no limit on length of stay, and that is linked to line 28 onsite or offsite services that assist the supportive housing resident line 29 in retaining the housing, improving the person’s health status, and line 30 maximizing the person’s ability to live and, when possible, work line 31 in the community.
line 32 (6) “Shelter” means an emergency shelter, transitional housing, line 33 or permanent supportive housing.
line 34 (7) “Transitional housing” means housing with supportive line 35 services for up to 24 months that is exclusively designated and line 36 targeted for recently homeless individuals.
line 37 (b) An employee of a local government or law enforcement line 38 agency, when acting in their official capacity, shall not transport 99 AB 820 — 2 —
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line 1 and drop off a homeless individual on public property, or private line 2 property that is accessible to the public, within a different line 3 jurisdiction for the purpose of relocating the homeless individual line 4 on a permanent or temporary basis, unless the employee first line 5 coordinates shelter or long-term housing for the homeless line 6 individual with the individual or entity that will provide that shelter line 7 or long-term housing.
line 8 (c) An employee of a local government or law enforcement line 9 agency, when acting in their official capacity, shall not arrange line 10 for or fund the transport and drop off a homeless individual on line 11 public property, or private property that is accessible to the public, line 12 within a different jurisdiction for the purpose of relocating the line 13 homeless individual on a permanent or temporary basis, unless the line 14 first coordinates shelter or long-term housing for the homeless line 15 individual with the individual or entity that will provide that shelter line 16 or long-term housing.
line 17 (d) A local government or law enforcement agency shall be line 18 liable for a civil penalty in the amount of $10,000 for each violation line 19 of this section.
line 20 (e) The Legislature finds and declares that this section addresses line 21 a matter of statewide concern rather than a municipal affair as that line 22 term is used in Section 5 of Article XI of the California line 23 Constitution. Therefore, this section applies to all cities, including line 24 charter cities.
O
99 — 3 — AB 820
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