Agenda packet — San Clemente City Council, December 9, 2025 (part 2 of 3)

6.6 After City Manager direction, letters will be sent to the applicants notifying them of approval or denial of funding and, if approved, the funded amount. Dispersing of grant funds may take up to 30 days following award approval.

6.7 Organizations receiving City grant funds must ensure that these funds are used only for the project identified in the grant funding request. If the project is canceled or otherwise not pursued, grant funds must be returned to the City.

6.8 A Grant Summary Report (Attachment #2) is required to be filed by each organization that receives funding assistance from the City. The Grant Summary Report form is available on the City’s website, and must be filed within 30 calendar days of the conclusion of the project. Failure to submit a Grant Summary Report will preclude an organization from applying for additional grant opportunities.

ATTACHMENTS:
1 Grant Application Form
2 Grant Summary Report Form
179
Date:

CITY OF SAN CLEMENTE

ENVIRONMENTAL SUSTAINABILITY GRANT

APPLICATION
910 Calle Negocio, Suite 100, San Clemente, CA 92673
949.361.8200
Name of Organization:

Request Authorized by:

Contact Person:

Mailing Address:

Email: Web site:

Amount Requested: $ Date funding needed:

List amount and source(s)
of other project funding:

Project Title:

Description of the Project: (Attach additional sheet if necessary – Limit one page) Does this project directly impact San Clemente residents? Yes No Estimated number of residents affected:

Is this Organization incorporated in California as a non-profit organization? Yes No Date of incorporatio
Federal I.D. Number:

Is this Organization a local public school or affiliated student club or PTA? Yes No Name of school, club or PTA:

First time applicants: Provide copies of IRS tax exempt status letter, financial report of organization and listing of the organization’s officers and board of directors.

School applicants provide evidence of official standing of the PTA or student club.

Signature Date
Printed Name Title/Agency
n:

State I.D. Number:

Send or Deliver Application to:

City Clerk, City of San Clemente
910 Calle Negocio, San Clemente, CA 92673
180
Date:

CITY OF SAN CLEMENTE

ENVIRONMENTAL SUSTAINABILITY GRANT

SUMMARY REPORT
910 Calle Negocio, Suite 100, San Clemente, CA 92673
949.361.8200
Name of Organization:

Contact Person:

Did your organization receive the grant funding check from the City? Yes No Amount Received: $
Project Title:

Please provide a summary of how you dispersed the City’s grant funds:
(Attach additional sheets if necessary)
Did this project directly impact San Clemente residents? Yes No Estimated number of residents affected:

Signature Date
Printed Name Title/Agency
Send or Deliver Summary To:

Environmental Programs Section, City of San Clemente
910 Calle Negocio, San Clemente, CA 92673
181
Attachment 3
182
183
184
185
186
187
Attachment 4
188
189
190
191
192
193
194
195
Attachment 5
196
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: December 9, 2025 Agenda Item: 11H.

Submitted By: Public Works
Prepared By: Julie Schmidt, Sr. Management Analyst
David Rebensdorf, Public Works Director
Subject:
..titl e

CONSIDERATION OF A RESOLUTION APPROVING AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE JOINT REGIONAL WATER SUPPLY SYSTEM (JRWSS)

CROWN VALLEY PARKWAY TRANSMISSION MAIN RELOCATION PROJECT QUITCLAIM

DEEDS FOR PORTIONS OF WATER TRANSMISSION PIPELINE EASEMENT CONVEYED IN INSTRUMENT NO. OR5746-657 ..body
Fiscal Impact:

The estimated total project close out costs are $10,000, with $3,751 representing the City’s estimated portion of the costs. There is available funding in Account Number 052-468-43470-000- 27402 for this expenditure.

Summary:

The JRWSS Crown Valley Parkway Transmission Main Relocation Project (Project) was successfully completed by T.E. Roberts, Inc. in July 2025. The Project objective to relocate a segment of the Joint Transmission Main (JTM) from an alignment through a residential subdivision between Crown Valley Parkway and Paseo Del Valle to a new alignment within the public right-of-way in Crown Valley Parkway in the City of Laguna Niguel was achieved.

The existing JRWSS facilities located within a residential subdivision in the City of Laguna Niguel (Tract No. 5182) were constructed within a JRWSS water transmission pipeline easement (Easement) recorded on June 7, 1961 (Instrument No. OR5746-657, Book 5746, Page 657, of the Official Records of the County of Orange). The existing JRWSS facilities within the Easement have been abandoned in place and it is not foreseen that there is a need to retain the existing Easement to construct new facilities in the future.

Staff recommends the approval and execution of nineteen (19) Quitclaim Deeds provided in Attachment 3 for the Project. Approval is required by the governing bodies of Moulton Niguel Water District (MNWD), City of San Clemente, and South Coast Water District (SCWD) to execute the Quitclaim Deeds.

Background:

The Joint Regional Water Supply System (JRWSS) water transmission pipeline was constructed in 1961 to convey potable water from a Metropolitan Water District connection in Irvine, to water agencies serving communities from Irvine to San Clemente, including the California State Parks, San Onofre Nuclear Generating Station, and USMC Camp Pendleton in northern San Diego County. The JRWSS system also includes two water storage facilities in San Clemente; 197
Meeting Date: December 9, 2025 Agenda Item: 11H.

CITY OF SAN CLEMENTE 2
collectively, these facilities comprise the JRWSS and are contract-operated by South Coast Water District.

In April 2000, the Joint Regional Water Supply System (JRWSS) administrative committee appointed SCWD as the Designated Operator of the Joint Transmission Main facilities, which are part of the JRWSS. SCWD also accepted responsibility for contract operations and maintenance of the former Tri-Cities Municipal Water District system, which is part of the JRWSS. The JRWSS system consists of two reservoirs, Bradt Reservoir and Schlegel Reservoir, and spans from Irvine to San Onofre to deliver water to six member agencies in south Orange County and three customers in north San Diego County.

The Crown Valley Parkway Transmission Main Relocation Project:

The Project constructed approximately 2,500 lineal feet of 36-inch cement mortar lined and coated (CML&C) steel water transmission pipe in Crown Valley Parkway, new corrosion protection improvements, and abandoned the 36-inch and 39-inch pipes originally constructed in 1961. The contractor filled the abandoned pipe with lightweight cellular concrete and installed caps on the open ends of the pipe for permanent abandonment. The project included equipment demolition and abandonment of the existing takeout vault in Paseo Del Valle serving the former location of MNWD Master Meter #1.

Construction was completed on July 2, 2025, with a Notice of Completion recorded at the County of Orange on August 18, 2025. In its capacity as the Designated Operator on behalf of the JRWSS, the SCWD Board of Directors at their Regular Meeting on August 14, 2025, by 5-0 vote, authorized the General Manager to execute the filing of a Notice of Completion and Release of Retention Fund for the JRWSS Crown Valley Parkway Transmission Main Relocation Project.

Easements:

CITY OF SAN CLEMENTE 3
of the Official Records of the County of Orange). Tract No. 5182, recorded on October 3, 1963, created the currently existing residential subdivision and encumbered nineteen (19) parcels with the Easement. The parcels encumbered by the Easement are generally located in the area between Crown Valley Parkway, Paseo Del Valle and Paseo Del Niguel.

The existing JRWSS facilities within the Easement in Tract No. 5182 have been abandoned in place and it is not foreseen that there is a need to retain the existing Easement to construct new facilities in the future. Moulton Niguel Water District (MNWD) and South Coast Water District (SCWD), co-owners with the City of San Clemente of the Easement, support quitclaiming the Easement. Several property owners within the subdivision have expressed a desire to have the existing Easement quitclaimed to unencumber their properties.

Properties Proposed for Easement Quitclaim:

Table1 identifies the properties proposed for Easement Quitclaim.

Table 1
JRWSS Crown Valley Parkway Transmission Main Relocation Project Easement Quitclaim Property List
Property Address Assessor’s Parcel Number
30531 Paseo Del Valle APN 659-031-01
30511 Paseo Del Valle APN 659-031-02
30431 Paseo Del Valle APN 659-031-06
30411 Paseo Del Valle APN 659-031-07
30401 Paseo Del Valle APN 659-031-08
30391 Paseo Del Valle APN 659-031-09
30381 Paseo Del Valle APN 659-031-18
23732 Hillhurst Drive APN 659-031-22
30502 Paseo Del Valle APN 659-032-04
30462 Paseo Del Valle APN 659-032-05
30452 Paseo Del Valle APN 659-032-06
30432 Paseo Del Valle APN 659-032-12
30551 Paseo Del Valle APN 659-042-01
23582 Las Colinas Court APN 659-042-04
30621 Paseo Del Valle APN 659-042-06
30631 Paseo Del Niguel APN 659-043-01
30661 Paseo Del Niguel APN 659-043-02
30671 Paseo Del Niguel APN 659-043-03
30691 Paseo Del Niguel APN 659-043-04
Proposed Schedule:

Quitclaim Deeds Approval by Governing Bodies: November-December 2025 Property Owner and Agency Signatures: January 2026
Quitclaim Deeds Recorded: February 2026
199
Meeting Date: December 9, 2025 Agenda Item: 11H.

CITY OF SAN CLEMENTE 4
Close Out Project Cost Allocation:

Table 2 provides the estimated project cost allocation for each JRWSS member agency and San Diego customer using the JTM Unit 3 Reach 5 cost allocation to execute the quitclaim deeds and complete other post-construction project close-out tasks.

Table 2
JRWSS Crown Valley Parkway Transmission Main Relocation Project Member Agency and San Diego County Customer
Easement Quitclaim Cost Allocation
Member Agency and Customer JTM U3R5
Cost Allocation Cost ($)
Moulton Niguel Water District 40.61% $4,061
South Coast Water District 16.09% $1,609
City of San Clemente 37.51% $3,751
Camp Pendleton 0.51% $51
State Parks 0.20% $20
SCE (SONGS) 5.08% $508
Totals 100.00% $10,000
Council Options:
 Adopt Resolution No. 25-194 (Attachment 1), approving and authorizing the City Manager to execute the Joint Regional Water Supply System (JRWSS) Crown Valley Parkway Transmission Main Relocation Project Quitclaim Deeds for Portions of Water Transmission Pipeline Easement Conveyed in Instrument No. OR5746-657.  Modify and adopt Resolution No. 25-194.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 25-194.

Environmental Review/Analysis:

Approval and execution of the quitclaim deeds is not a “project” under CEQA Guidelines because the act of transferring a property interest is a legal and administrative action, not an activity that causes a physical change in the environment.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 25-194, which will:

1. Approve and authorize the City Manager to execute the Quitclaim Deeds of real property provided in Attachment 3, that remise, release, and quitclaim any and all District right, title, 200
Meeting Date: December 9, 2025 Agenda Item: 11H.

CITY OF SAN CLEMENTE 5
and interest to the legal owners of portions of real property identified in Instrument No.

OR5746-657 as recorded in Book 5746, Page 657, of the official records, in the Office of the County Recorder of Orange County.
..end
Attachments:

1. Resolution No. 25-194

2. South Coast Water District Staff Report Dated November 3, 2025

3. Easement Quitclaim Deeds
Notification:

All property owners identified in Attachment 3.
201
RESOLUTION NO. 25-194

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

JOINT REGIONAL WATER SUPPLY SYSTEM (JRWSS)

CROWN VALLEY PARKWAY TRANSMISSION MAIN

RELOCATION PROJECT QUITCLAIM DEEDS FOR

PORTIONS OF WATER TRANSMISSION PIPELINE
EASEMENT CONVEYED IN INSTRUMENT NO. OR5746-657
WHEREAS, the Joint Regional Water Supply System (JRWSS) water transmission pipeline was constructed in 1961 to convey potable water from a Metropolitan Water District connection in Irvine, to water agencies serving communities from Irvine to San Clemente, including the California State Parks, San Onofre Nuclear Generating Station, and USMC Camp Pendleton in northern San Diego County. The JRWSS system also includes two water storage facilities in San Clemente; collectively, these facilities comprise the JRWSS and are contract-operated by South Coast Water District; and WHEREAS, the Crown Valley Parkway Transmission Main Relocation Project constructed approximately 2,500 lineal feet of 36-inch cement mortar lined and coated (CML&C) steel water transmission pipe in Crown Valley Parkway, new corrosion protection improvements, and abandoned the 36-inch and 39-inch pipes originally constructed in 1961.

The contractor filled the abandoned pipe with lightweight cellular concrete and installed caps on the open ends of the pipe for permanent abandonment; and WHEREAS, construction was completed on July 2, 2025, with a Notice of Completion recorded at the County of Orange on August 18, 2025. In its capacity as the Designated Operator on behalf of the JRWSS, the SCWD Board of Directors at their Regular Meeting on August 14, 2025, by 5-0 vote, authorized the General Manager to execute the filing of a Notice of Completion and Release of Retention Fund for the JRWSS Crown Valley Parkway Transmission Main Relocation Project; and
WHEREAS, the Joint Transmission Main (JTM) was originally constructed in a 25- foot-wide Easement granted by the Laguna Niguel Corporation and recorded on June 7, 1961 (Instrument No. OR5746-657, Book 5746, Page 657, of the Official Records of the County of Orange). Tract No. 5182, recorded on October 3, 1963, created the currently existing residential subdivision and encumbered nineteen (19) parcels with the Easement.

The parcels encumbered by the Easement are generally located in the area between Crown Valley Parkway, Paseo Del Valle and Paseo Del Niguel; and WHEREAS, the existing JRWSS facilities within the Easement in Tract No. 5182 have been abandoned in place and it is not foreseen that there is a need to retain the existing Easement to construct new facilities in the future; and WHEREAS, execution of the Joint Regional Water Supply System (JRWSS) Crown Valley Parkway Transmission Main Relocation Project Quitclaim Deeds for Portions of Water Transmission Pipeline Easement Conveyed in Instrument No. OR5746-657 is in the Attachment 1
202
Resolution No. 25-194 Page 2
best interests of the City and the public.

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

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

SECTION 2. That quitclaiming any and all District right, title, and interest to the legal owners of portions of real property identified in Instrument No. OR5746-657 as recorded in Book 5746, Page 657, of the official records, in the Office of the County Recorder of said Orange County as presented to the City Council on December 9, 2025 is hereby approved.

SECTION 3. That the City Manager is authorized and directed to execute the Quitclaim Deeds of real property, that remise, release, and quitclaim any and all District right, title, and interest to the legal owners of portions of real property identified in Instrument No. OR5746-657 as recorded in Book 5746, Page 657, of the official records, in the Office of the County Recorder of said Orange County in forms substantially similar to those presented to the City Council on December 9, 2025.

SECTION 4. That the City Manager is authorized and directed to execute such other documents and take such other and further actions as may be necessary and proper to accomplish the purposes of this resolution and close-out the project.

SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
203
Resolution No. 25-194 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. 25-194 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
204
1 SOUTH COAST WATER DISTRICT

STAFF REPORT
Meeting Date: November 3, 2025 Budgeted: Yes
To: Engineering & Operations Committee Budgeted: $10,000 (FY26) From: Marc Serna, Deputy General Manager Account #: JRW0000006 Briefer: Vernon Weisman, JRWSS Capital
Program Manager
Funding Source: JRWSS CIP
Subject: JOINT REGIONAL WATER SUPPLY SYSTEM (JRWSS) CROWN VALLEY PARKWAY TRANSMISSION MAIN RELOCATION PROJECT –

QUITCLAIM DEED PORTIONS OF WATER TRANSMISSION PIPELINE
EASEMENT CONVEYED IN INSTRUMENT NO. OR5746-657

SUMMARY
The JRWSS Crown Valley Parkway Transmission Main Relocation Project (Project) was successfully completed by T.E. Roberts, Inc. The Project objective to relocate a segment of the Joint Transmission Main (JTM) from an alignment through a residential subdivision between Crown Valley Parkway and Paseo Del Valle to a new alignment within the public right-of-way in Crown Valley Parkway in the City of Laguna Niguel was achieved.

The existing JRWSS facilities located within a residential subdivision in the City of Laguna Niguel (Tract No. 5182) were constructed within a JRWSS water transmission pipeline easement (Easement) recorded on June 7, 1961 (Instrument No. OR5746-657, Book 5746, Page 657, of the Official Records of the County of Orange). The existing JRWSS facilities within the Easement have been abandoned in place and staff does not foresee a need to retain the existing Easement to construct new facilities in the future.

Staff recommends the approval and execution of nineteen (19) Quitclaim Deeds provided in Attachment A to the Staff Report for the Project. Approval is required by the governing bodies of MNWD, City of San Clemente, and SCWD to execute the Quitclaim Deeds.

RECOMMENDED ACTION
In its capacity as the Designated Operator on behalf of the JRWSS, the SCWD Engineering and Operations Committee recommends the SCWD Board of Directors authorize the General Manager to approve and execute the Quitclaim Deeds of real property provided in Attachment A to the Staff Report, that remise, release, and quitclaim any and all District right, title, and interest to the legal owners of those portions of real property identified in Instrument No. OR5746-657 as recorded in Book 5746, Page 657, of the official records, in the Office of the County Recorder of said Orange County.

Attachment 2
205
2 BACKGROUND/ANALYSIS
Background:

In April 2000, the Joint Regional Water Supply System (JRWSS) administrative committee appointed SCWD as the Designated Operator of the Joint Transmission Main facilities, which are part of the JRWSS. SCWD also accepted responsibility for contract operations and maintenance of the former Tri-Cities Municipal Water District system, which is part of the JRWSS. The JRWSS system consists of two reservoirs, Bradt Reservoir and Schlegel Reservoir, and approximately 38 miles of transmission main with turnouts (supply connections) at approximately 40 locations to deliver water to six member agencies in south Orange County and three customers in north San Diego County.

The Project:

Construction was completed on July 2, 2025, with a Notice of Completion recorded at the County of Orange on August 18, 2025.

Easements:

The JTM was originally constructed in a 25-foot-wide Easement granted by the Laguna Niguel Corporation and recorded on June 7, 1961 (Instrument No. OR5746-657, Book 5746, Page 657, of the Official Records of the County of Orange). Tract No. 5182, recorded on October 3, 1963, created the currently existing residential subdivision and encumbered nineteen (19) parcels with the Easement. The parcels encumbered by the Easement are generally located in the area between Crown Valley Parkway, Paseo Del Valle and Paseo Del Niguel.

The existing JRWSS facilities within the Easement in Tract No. 5182 have been abandoned in place and staff does not foresee a need to retain the existing Easement to construct new facilities in the future. Moulton Niguel Water District (MNWD) and the City of San Clemente, co-owners with South Coast Water District (SCWD) of the Easement, support quitclaiming the Easement. Several property owners within the subdivision have expressed a desire to have the existing Easement quitclaimed to unencumber their properties.

Properties Proposed for Easement Quitclaim:

Table1 identifies the properties proposed for Easement quitclaim. 206
3 Table 1
JRWSS Crown Valley Parkway Transmission Main Relocation Project Easement Quitclaim Property List
Property Address Assessor’s Parcel Number
30531 Paseo Del Valle APN 659-031-01
30511 Paseo Del Valle APN 659-031-02
30431 Paseo Del Valle APN 659-031-06
30411 Paseo Del Valle APN 659-031-07
30401 Paseo Del Valle APN 659-031-08
30391 Paseo Del Valle APN 659-031-09
30381 Paseo Del Valle APN 659-031-18
23732 Hillhurst Drive APN 659-031-22
30502 Paseo Del Valle APN 659-032-04
30462 Paseo Del Valle APN 659-032-05
30452 Paseo Del Valle APN 659-032-06
30432 Paseo Del Valle APN 659-032-12
30551 Paseo Del Valle APN 659-042-01
23582 Las Colinas Court APN 659-042-04
30621 Paseo Del Valle APN 659-042-06
30631 Paseo Del Niguel APN 659-043-01
30661 Paseo Del Niguel APN 659-043-02
30671 Paseo Del Niguel APN 659-043-03
30691 Paseo Del Niguel APN 659-043-04
Schedule:

Quitclaim Deeds Approval by Governing Bodies: November-December 2025 Property Owner and Agency Signatures: January 2026
Quitclaim Deeds Recorded: February 2026
FY26 Budget:

The FY26 budget includes $10,000 to execute quitclaim deeds and complete other minor post-construction project closeout tasks.
207
4 Project Cost Allocation:

Table 2 provides the estimated project cost allocation for each JRWSS member agency and San Diego customer using the JTM Unit 3 Reach 5 cost allocation.

ATTACHMENTS
Attachment A – Proposed Easement Quitclaim Deeds

PRIOR RELEVANT BOARD ACTION
Board of Directors Regular Meeting on August 14, 2025: In its capacity as the Designated Operator on behalf of the JRWSS, the SCWD Board of Directors, by 5-0 vote, authorized the General Manager to execute the filing of a Notice of Completion and Release of Retention Fund for the JRWSS Crown Valley Parkway Transmission Main Relocation Project.
208
Attachment A
JRWSS Crown Valley Parkway Transmission Main Relocation Project Proposed Easement Quitclaim Deeds for the Following Properties Property Address Assessor’s Parcel Number
30531 Paseo Del Valle APN 659-031-01
30511 Paseo Del Valle APN 659-031-02
30431 Paseo Del Valle APN 659-031-06
30411 Paseo Del Valle APN 659-031-07
30401 Paseo Del Valle APN 659-031-08
30391 Paseo Del Valle APN 659-031-09
30381 Paseo Del Valle APN 659-031-18
23732 Hillhurst Drive APN 659-031-22
30502 Paseo Del Valle APN 659-032-04
30462 Paseo Del Valle APN 659-032-05
30452 Paseo Del Valle APN 659-032-06
30432 Paseo Del Valle APN 659-032-12
30551 Paseo Del Valle APN 659-042-01
23582 Las Colinas Court APN 659-042-04
30621 Paseo Del Valle APN 659-042-06
30631 Paseo Del Niguel APN 659-043-01
30661 Paseo Del Niguel APN 659-043-02
30671 Paseo Del Niguel APN 659-043-03
30691 Paseo Del Niguel APN 659-043-04
Attachment 3
209

FEE WAIVED
PER GOV. CODE §§ 6103 AND 27383

MAIL TAX STATEMENTS AS DIRECTED ABOVE
4929-6381-4997 v1
RECORDING REQUESTED BY:

South Coast Water District,
a public agency

MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:

Patricia Ann Williams
30531 Paseo Del Valle
Laguna Niguel, CA 92677
Order No.:

Escrow No.:

APN: 659-031-01 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $_0.00_________________________ _____ Computed on full value of property conveyed, or
_____ Computed on full value less liens and encumbrances remaining at time of sale. _____ Unincorporated area _____ City of _______________________________ For valuable consideration, receipt and sufficiency of which is hereby acknowledged, (1) South Coast Water District, a local public agency organized and operating pursuant to Division 12 of the California Water Code (section 30000 et seq.) and its successors and assigns; (2) Moulton Niguel Water District, a California Water District organized and operating pursuant to Division 12 of the California Water Code (Section 30000 et seq.) and its successors and assigns; and (3) City of San Clemente, a municipal corporation and its successors and assigns ((1)-(3) are collectively referred to herein as “Grantors”) hereby REMISE(S), RELEASE(S) AND QUITCLAIM(S) to PATRICIA ANN WILLIAMS AS TRUSTEE OF THE PATRICIA ANN WILLIAMS TRUST DATED SEPTEMBER 11, 2014 and his/her/its/their successors and assigns (“Grantee”), that certain portion of easement located in the County of Orange, State of California, as more particularly described in that certain Easement recorded as Instrument No. OR5746-657 of the Official Records of the County of Orange, on June 7, 1961 (the “Easement”), together with the pipeline and appurtenances to such pipeline that are located within, upon, under, over or across such Easement and that certain portion of real property (collectively the “Property”) situated in the County of Orange, State of California, which portions are more particularly described in Exhibit “A” and depicted in Exhibit “B” attached hereto and fully incorporated herein.

In consideration for Grantors’ quitclaim of the Property to Grantee, Grantee hereby agrees to release, defend (with counsel acceptable to Grantors), indemnify, and hold harmless Grantors and their respective officials, employees, officers, directors, authorized volunteers and agents from any and all claims, losses, causes of action, suits, proceedings, demands, expenses, damages, or costs, including costs and attorney and expert fees in connection with litigation (“Claims”) that may arise out of or in connection with this Quitclaim Deed, the Property, or Grantee’s use or misuse of the Property, except Claims caused by the sole gross negligence or sole willful misconduct of Grantors. Grantee understands, intends, and expressly agrees that all rights under Section 1542 of the California Civil Code and any similar statute/legal doctrine are expressly waived in connection with the foregoing release. Section 1542 provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM

OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Grantee’s Initials: _____________
The covenants in this Quitclaim Deed shall run with the land and shall be binding upon and inure to the benefit of Grantors, Grantee, and their respective heirs, administrators, personal representatives, executors, 210
4929-6381-4997 v1
devisees, successors and assigns, with the understanding that the indemnification and liability protections in favor of Grantors shall survive the conveyance of the Property.

SOUTH COAST WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:__________________________________________ Rick Shintaku
General Manager
MOULTON NIGUEL WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:________________________________________ Joone Lopez
General Manager
CITY OF SAN CLEMENTE (“Grantor”)
Dated: ___________________________ by:________________________________________ Andy Hall
City Manager
PROPERTY OWNER (“Grantee”)
Dated: ___________________________ ___________________________________________ Patricia Ann Williams
Grantee
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

COUNTY OF _____________________________ )
On ________________________ before me, ______________________________________, Notary Public, personally appeared _______________________________________________________________________________________, who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
211
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
212
EXHIBIT “A”

LEGAL DESCRIPTION

QUITCLAIM OF EASEMENT
APN: 659-031-01

SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND BEING A PORTION OF LOT 43 OF TRACT NO. 5182 PER MAP FILED IN BOOK 187 OF MISCELLANEOUS MAPS, PAGES 33 THROUGH 35

INCLUSIVE, RECORDS OF SAID COUNTY, AND BEING A PORTION OF

THAT CERTAIN EASEMENT DESCRIBED IN A DEED RECORDED IN
BOOK 5746, PAGE 657, OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 43,

BEING A POINT ON A CURVE, CONCAVE EASTERLY WITH A RADIUS OF 526.00 FEET, A RADIAL LINE TO WHICH BEARS NORTH 89°34’58” WEST; THENCE SOUTHERLY ALONG SAID CURVE, BEING THE

EASTERLY LINE OF SAID LOT THROUGH A CENTRAL ANGLE OF
00°58’01’ AND AN ARC DISTANCE OF 8.88 FEET TO A POINT, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 89°27’01” WEST;
THENCE LEAVING SAID EASTERLY LINE SOUTH 26°33’54” WEST A DISTANCE OF 85.74 FEET TO THE SOUTHERLY LINE OF SAID LOT 43; THENCE ALONG SAID SOUTHERLY LINE NORTH 72°39’10” WEST A DISTANCE OF 25.33 FEET TO THE WESTERLY TERMINUS OF SAID SOUTHERLY LINE;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 26°33’54” EAST A DISTANCE OF 95.22 FEET TO THE NORTHERLY LINE OF SAID LOT; THENCE ALONG SAID NORTHERLY LINE SOUTH 70°14’04” EAST A DISTANCE OF 21.17 FEET TO THE TRUE POINT OF BEGINNING.

CONTAINING AN AREA OF 2,350 SQUARE FEET, MORE OR LESS.
213
A PLAT OF THIS DESCRIPTION ALL AS SHOWN ON EXHIBIT “B”

ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART
HEREOF.

SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAY AND
EASEMENTS OF RECORD.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY
DIRECTION IN CONFORMANCE WITH THE LAND SURVEYOR’S ACT.

Prepared By
NV5, Inc.
________________________ 03-25-2025
J Braley, L.S. 8446 Date
214
L3 C9
L5
TPOB

SOUTH COAST WATER DISTRICT

QUITCLAIM WATER LINE EASEMENT PLAT
APN: 659-031-01
PREPARED FOR: SCWD DATE SUBMITTED:

EXHIBIT "B"
43 659-031-01
42 659-031-02
45 659-042-02
44 659-042-01
03/25/2025 22-0001395.06215

FEE WAIVED
PER GOV. CODE §§ 6103 AND 27383

MAIL TAX STATEMENTS AS DIRECTED ABOVE
4929-6381-4997 v1
RECORDING REQUESTED BY:

South Coast Water District,
a public agency

MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:

Daniel P. Forte
30511 Paseo Del Valle
Laguna Niguel, CA 92677
Order No.:

Escrow No.:

APN: 659-031-02 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $_0.00_________________________ _____ Computed on full value of property conveyed, or
_____ Computed on full value less liens and encumbrances remaining at time of sale. _____ Unincorporated area _____ City of _______________________________ For valuable consideration, receipt and sufficiency of which is hereby acknowledged, (1) South Coast Water District, a local public agency organized and operating pursuant to Division 12 of the California Water Code (section 30000 et seq.) and its successors and assigns; (2) Moulton Niguel Water District, a California Water District organized and operating pursuant to Division 12 of the California Water Code (Section 30000 et seq.) and its successors and assigns; and (3) City of San Clemente, a municipal corporation and its successors and assigns ((1)-(3) are collectively referred to herein as “Grantors”) hereby REMISE(S), RELEASE(S) AND QUITCLAIM(S) to DANIEL P. FORTE and his/her/its/their successors and assigns (“Grantee”), that certain portion of easement located in the County of Orange, State of California, as more particularly described in that certain Easement recorded as Instrument No. OR5746-657 of the Official Records of the County of Orange, on June 7, 1961 (the “Easement”), together with the pipeline and appurtenances to such pipeline that are located within, upon, under, over or across such Easement and that certain portion of real property (collectively the “Property”) situated in the County of Orange, State of California, which portions are more particularly described in Exhibit “A” and depicted in Exhibit “B” attached hereto and fully incorporated herein.

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM

OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Grantee’s Initials: _____________
The covenants in this Quitclaim Deed shall run with the land and shall be binding upon and inure to the benefit of Grantors, Grantee, and their respective heirs, administrators, personal representatives, executors, 216
4929-6381-4997 v1
devisees, successors and assigns, with the understanding that the indemnification and liability protections in favor of Grantors shall survive the conveyance of the Property.

SOUTH COAST WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:__________________________________________ Rick Shintaku
General Manager
MOULTON NIGUEL WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:________________________________________ Joone Lopez
General Manager
CITY OF SAN CLEMENTE (“Grantor”)
Dated: ___________________________ by:________________________________________ Andy Hall
City Manager
PROPERTY OWNER (“Grantee”)
Dated: ___________________________ ___________________________________________ Daniel P. Forte
Grantee
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
217
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
218
EXHIBIT “A”

LEGAL DESCRIPTION

QUITCLAIM OF EASEMENT
APN: 659-031-02

SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND BEING A PORTION OF LOT 42 OF TRACT NO. 5182 PER MAP FILED IN BOOK 187 OF MISCELLANEOUS MAPS, PAGES 33 THROUGH 35

INCLUSIVE, RECORDS OF SAID COUNTY, AND BEING A PORTION OF

THAT CERTAIN EASEMENT DESCRIBED IN A DEED RECORDED IN
BOOK 5746, PAGE 657, OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 42,

BEING A POINT ON A CURVE, CONCAVE EASTERLY WITH A RADIUS OF 526.00 FEET, A RADIAL LINE TO WHICH BEARS NORTH 89°34’58” WEST; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 42 NORTH 70°14’04” WEST A DISTANCE OF 21.17 FEET;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 26°33’54” EAST A DISTANCE OF 51.44 FEET TO THE EASTERLY LINE OF SAID LOT, BEING A POINT ON SAID CURVE WITH A RADIUS OF 526.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 83°46’43” WEST;

THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 05°48’15” AND AN ARC DISTANCE OF 53.28 FEET TO THE TRUE POINT OF BEGINNING.

CONTAINING AN AREA OF 517 SQUARE FEET, MORE OR LESS.
219
A PLAT OF THIS DESCRIPTION ALL AS SHOWN ON EXHIBIT “B”

ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART
HEREOF.

SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAY AND
EASEMENTS OF RECORD.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY
DIRECTION IN CONFORMANCE WITH THE LAND SURVEYOR’S ACT.

Prepared By
NV5, Inc.
________________________ 03-25-2025
J Braley, L.S. 8446 Date
220
TPOB
L3
L4 C8

SOUTH COAST WATER DISTRICT

QUITCLAIM WATER LINE EASEMENT PLAT
APN: 659-031-02
PREPARED FOR: SCWD DATE SUBMITTED:

EXHIBIT "B"
42 659-031-02
41 659-031-03
43 659-031-01
03/25/2025 22-0001395.06221

FEE WAIVED
PER GOV. CODE §§ 6103 AND 27383

MAIL TAX STATEMENTS AS DIRECTED ABOVE
4929-6381-4997 v1
RECORDING REQUESTED BY:

South Coast Water District,
a public agency

MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:

Thomas G. Schuster
30431 Paseo Del Valle
Laguna Niguel, CA 92677
Order No.:

Escrow No.:

APN: 659-031-06 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $_0.00_________________________ _____ Computed on full value of property conveyed, or
_____ Computed on full value less liens and encumbrances remaining at time of sale. _____ Unincorporated area _____ City of _______________________________ For valuable consideration, receipt and sufficiency of which is hereby acknowledged, (1) South Coast Water District, a local public agency organized and operating pursuant to Division 12 of the California Water Code (section 30000 et seq.) and its successors and assigns; (2) Moulton Niguel Water District, a California Water District organized and operating pursuant to Division 12 of the California Water Code (Section 30000 et seq.) and its successors and assigns; and (3) City of San Clemente, a municipal corporation and its successors and assigns ((1)-(3) are collectively referred to herein as “Grantors”) hereby REMISE(S), RELEASE(S) AND QUITCLAIM(S) to THOMAS G. SCHUSTER AS TRUSTEE OF THE SCHUSTER FAMILY TRUST U/D/T DATED DECEMBER 9, 2017, and his/her/its/their successors and assigns (“Grantee”), that certain portion of easement located in the County of Orange, State of California, as more particularly described in that certain Easement recorded as Instrument No. OR5746-657 of the Official Records of the County of Orange, on June 7, 1961 (the “Easement”), together with the pipeline and appurtenances to such pipeline that are located within, upon, under, over or across such Easement and that certain portion of real property (collectively the “Property”) situated in the County of Orange, State of California, which portions are more particularly described in Exhibit “A” and depicted in Exhibit “B” attached hereto and fully incorporated herein.

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM

OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Grantee’s Initials: _____________
The covenants in this Quitclaim Deed shall run with the land and shall be binding upon and inure to the benefit of Grantors, Grantee, and their respective heirs, administrators, personal representatives, executors, 222
4929-6381-4997 v1
devisees, successors and assigns, with the understanding that the indemnification and liability protections in favor of Grantors shall survive the conveyance of the Property.

SOUTH COAST WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:__________________________________________ Rick Shintaku
General Manager
MOULTON NIGUEL WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:________________________________________ Joone Lopez
General Manager
CITY OF SAN CLEMENTE (“Grantor”)
Dated: ___________________________ by:________________________________________ Andy Hall
City Manager
PROPERTY OWNER (“Grantee”)
Dated: ___________________________ ___________________________________________ Thomas G. Schuster
Grantee
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
223
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
224
EXHIBIT “A”

LEGAL DESCRIPTION

QUITCLAIM OF EASEMENT
APN: 659-031-06

SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND BEING A PORTION OF LOT 38 OF TRACT NO. 5182 PER MAP FILED IN BOOK 187 OF MISCELLANEOUS MAPS, PAGES 33 THROUGH 35

INCLUSIVE, RECORDS OF SAID COUNTY, AND BEING A PORTION OF

THAT CERTAIN EASEMENT DESCRIBED IN A DEED RECORDED IN
BOOK 5746, PAGE 657, OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 38, BEING

A POINT ON A CURVE, CONCAVE SOUTHEASTERLY WITH A RADIUS OF 726.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 44°51’02” WEST; THENCE ALONG SAID CURVE, BEING THE
SOUTHEASTERLY LINE OF SAID LOT 38 THROUGH A CENTRAL ANGLE OF 01°14’49” AND AN ARC DISTANCE OF 15.80 FEET TO A POINT OF CUSP, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 46°05’51” WEST;
THENCE LEAVING SAID SOUTHEASTERLY LINE NORTH 26°33’54” EAST A DISTANCE OF 16.16 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 38;
THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 50°20’00” EAST A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION.

CONTAINING AN AREA OF 39 SQUARE FEET, MORE OR LESS.
225
A PLAT OF THIS DESCRIPTION ALL AS SHOWN ON EXHIBIT “B”

ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART
HEREOF.

SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAY AND
EASEMENTS OF RECORD.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY
DIRECTION IN CONFORMANCE WITH THE LAND SURVEYOR’S ACT.

Prepared By
NV5, Inc.
________________________ 03-25-2025
J Braley, L.S. 8446 Date
226
32 659-032-09

PASEO DEL VALLE

CROWN VALLEY PARKWAY
TPOB
TPOB

SOUTH COAST WATER DISTRICT

QUITCLAIM WATER LINE EASEMENT PLAT
APN: 659-031-06
PREPARED FOR: SCWD DATE SUBMITTED:

EXHIBIT "B"
DETAIL
"A"
N.T.S.

TPOB
38 659-031-06
36 659-031-08
37 659-031-07
32 659-032-09
39 659-031-05
03/25/2025 22-0001395.06227

FEE WAIVED
PER GOV. CODE §§ 6103 AND 27383

MAIL TAX STATEMENTS AS DIRECTED ABOVE
4929-6381-4997 v1
RECORDING REQUESTED BY:

South Coast Water District,
a public agency

MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:

Christopher Kent Johnson and
Tiffany Adair Johnson
30411 Paseo Del Valle
Laguna Niguel, CA 92677
Order No.:

Escrow No.:

APN: 659-031-07 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $_0.00_________________________ _____ Computed on full value of property conveyed, or
_____ Computed on full value less liens and encumbrances remaining at time of sale. _____ Unincorporated area _____ City of _______________________________ For valuable consideration, receipt and sufficiency of which is hereby acknowledged, (1) South Coast Water District, a local public agency organized and operating pursuant to Division 12 of the California Water Code (section 30000 et seq.) and its successors and assigns; (2) Moulton Niguel Water District, a California Water District organized and operating pursuant to Division 12 of the California Water Code (Section 30000 et seq.) and its successors and assigns; and (3) City of San Clemente, a municipal corporation and its successors and assigns ((1)-(3) are collectively referred to herein as “Grantors”) hereby REMISE(S), RELEASE(S) AND QUITCLAIM(S) to CHRISTOPHER KENT JOHNSON AND TIFFANY ADAIR JOHNSON and his/her/its/their successors and assigns (“Grantee”), that certain portion of easement located in the County of Orange, State of California, as more particularly described in that certain Easement recorded as Instrument No. OR5746- 657 of the Official Records of the County of Orange, on June 7, 1961 (the “Easement”), together with the pipeline and appurtenances to such pipeline that are located within, upon, under, over or across such Easement and that certain portion of real property (collectively the “Property”) situated in the County of Orange, State of California, which portions are more particularly described in Exhibit “A” and depicted in Exhibit “B” attached hereto and fully incorporated herein.

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM

OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Grantee’s Initials: _____________
The covenants in this Quitclaim Deed shall run with the land and shall be binding upon and inure to the benefit of Grantors, Grantee, and their respective heirs, administrators, personal representatives, executors, 228
4929-6381-4997 v1
devisees, successors and assigns, with the understanding that the indemnification and liability protections in favor of Grantors shall survive the conveyance of the Property.

SOUTH COAST WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:__________________________________________ Rick Shintaku
General Manager
MOULTON NIGUEL WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:________________________________________ Joone Lopez
General Manager
CITY OF SAN CLEMENTE (“Grantor”)
Dated: ___________________________ by:________________________________________ Andy Hall
City Manager
PROPERTY OWNER (“Grantee”)
Dated: ___________________________ ___________________________________________ Christopher Kent Johnson
Grantee
Dated: ___________________________ ___________________________________________ Tiffany Adair Johnson
Grantee
229
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
230
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
231
EXHIBIT “A”

LEGAL DESCRIPTION

QUITCLAIM OF EASEMENT
APN: 659-031-07

SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND BEING A PORTION OF LOT 37 OF TRACT NO. 5182 PER MAP FILED IN BOOK 187 OF MISCELLANEOUS MAPS, PAGES 33 THROUGH 35

INCLUSIVE, RECORDS OF SAID COUNTY, AND BEING A PORTION OF

THAT CERTAIN EASEMENT DESCRIBED IN A DEED RECORDED IN
BOOK 5746, PAGE 657, OFFICIAL RECORDS OF SAID COUNTY, SAID PORTION BEING A STRIP OF LAND 25 FEET WIDE, 12.5 FEET ON EITHER

SIDE, THE CENTERLINE OF SAID STRIP MORE PARTICULARLY
DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHERLY CORNER OF SAID LOT 37 BEING

A POINT ON A CURVE, CONCAVE SOUTHEASTERLY WITH A RADIUS OF 1948.00 FEET, A LINE THROUGH SAID POINT BEARS NORTH
55°56’04” WEST; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT SOUTH 50°20’00” EAST A DISTANCE OF 155.19’ TO THE TRUE POINT OF BEGINNING.

THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 26°33’54”
WEST A DISTANCE OF 73.67 FEET TO A POINT ON THE
SOUTHEASTERLY LINE OF SAID LOT 37, BEING A POINT ON A CURVE, CONCAVE SOUTHEASTERLY WITH A RADIUS OF 726.00 FEET, A
RADIAL LINE THROUGH SAID POINT BEARS NORTH 43°02’45” WEST, AND ALSO BEING THE END OF THIS DESCRIPTION.

THE SIDELINES OF THIS PORTION, 12.50 FEET ON EITHER SIDE OF THE

ABOVE-DESCRIBED CENTERLINE, ARE TO EXTEND OR SHORTEN AT THE BOUNDARIES OF SAID LOT 37.

CONTAINING AN AREA OF 1,824 SQUARE FEET, MORE OR LESS.
232
A PLAT OF THIS DESCRIPTION ALL AS SHOWN ON EXHIBIT “B”

ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART
HEREOF.

SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAY AND
EASEMENTS OF RECORD.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY
DIRECTION IN CONFORMANCE WITH THE LAND SURVEYOR’S ACT.

Prepared By
NV5, Inc.
________________________ 03-14-2025
J Braley, L.S. 8446 Date
233
234

FEE WAIVED
PER GOV. CODE §§ 6103 AND 27383

MAIL TAX STATEMENTS AS DIRECTED ABOVE
4929-6381-4997 v1
RECORDING REQUESTED BY:

South Coast Water District,
a public agency

MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:

John King and Ratana King
30401 Paseo Del Valle
Laguna Niguel, CA 92677
Order No.:

Escrow No.:

APN: 659-031-08 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $_0.00_________________________ _____ Computed on full value of property conveyed, or
_____ Computed on full value less liens and encumbrances remaining at time of sale. _____ Unincorporated area _____ City of _______________________________ For valuable consideration, receipt and sufficiency of which is hereby acknowledged, (1) South Coast Water District, a local public agency organized and operating pursuant to Division 12 of the California Water Code (section 30000 et seq.) and its successors and assigns; (2) Moulton Niguel Water District, a California Water District organized and operating pursuant to Division 12 of the California Water Code (Section 30000 et seq.) and its successors and assigns; and (3) City of San Clemente, a municipal corporation and its successors and assigns ((1)-(3) are collectively referred to herein as “Grantors”) hereby REMISE(S), RELEASE(S) AND QUITCLAIM(S) to JOHN KING AND RATANA KING AS TRUSTEES OF THE KING FAMILY TRUST and his/her/its/their successors and assigns (“Grantee”), that certain portion of easement located in the County of Orange, State of California, as more particularly described in that certain Easement recorded as Instrument No. OR5746-657 of the Official Records of the County of Orange, on June 7, 1961 (the “Easement”), together with the pipeline and appurtenances to such pipeline that are located within, upon, under, over or across such Easement and that certain portion of real property (collectively the “Property”) situated in the County of Orange, State of California, which portions are more particularly described in Exhibit “A” and depicted in Exhibit “B” attached hereto and fully incorporated herein.

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM

OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Grantee’s Initials: _____________
The covenants in this Quitclaim Deed shall run with the land and shall be binding upon and inure to the benefit of Grantors, Grantee, and their respective heirs, administrators, personal representatives, executors, 235
4929-6381-4997 v1
devisees, successors and assigns, with the understanding that the indemnification and liability protections in favor of Grantors shall survive the conveyance of the Property.

SOUTH COAST WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:__________________________________________ Rick Shintaku
General Manager
MOULTON NIGUEL WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:________________________________________ Joone Lopez
General Manager
CITY OF SAN CLEMENTE (“Grantor”)
Dated: ___________________________ by:________________________________________ Andy Hall
City Manager
PROPERTY OWNER (“Grantee”)
Dated: ___________________________ ___________________________________________ John King
Grantee
Dated: ___________________________ ___________________________________________ Ratana King
Grantee
236
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature________________________________________
237
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
238
EXHIBIT “A”

LEGAL DESCRIPTION

QUITCLAIM OF EASEMENT
APN: 659-031-08

SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND BEING A PORTION OF LOT 36 OF TRACT NO. 5182 PER MAP FILED IN BOOK 187 OF MISCELLANEOUS MAPS, PAGES 33 THROUGH 35

INCLUSIVE, RECORDS OF SAID COUNTY, AND BEING A PORTION OF

THAT CERTAIN EASEMENT DESCRIBED IN A DEED RECORDED IN
BOOK 5746, PAGE 657, OFFICIAL RECORDS OF SAID COUNTY, SAID PORTION BEING A STRIP OF LAND 25 FEET WIDE, 12.5 FEET ON EITHER

SIDE, THE CENTERLINE OF SAID STRIP MORE PARTICULARLY
DESCRIBED AS FOLLOWS:

COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 36,

BEING A POINT ON A CURVE, CONCAVE SOUTHEASTERLY WITH A
RADIUS OF 1948.00 FEET, A LINE THROUGH SAID POINT BEARS NORTH 53°11’29” WEST; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 36 SOUTH 47°55’39” EAST A DISTANCE OF 141.94 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID SOUTHERLY LINE SOUTH 26°33’54” WEST A DISTANCE OF 89.37 FEET TO THE SOUTHWESTERLY LINE OF LOT SAID LOT 36 AND THE END OF THIS DESCRIPTION.

THE SIDELINES OF THIS PORTION, 12.50 FEET ON EITHER SIDE OF THE

ABOVE-DESCRIBED CENTERLINE, ARE TO EXTEND OR SHORTEN AT THE BOUNDARIES OF SAID LOT 36.

CONTAINING AN AREA OF 2,234 SQUARE FEET, MORE OR LESS.
239
A PLAT OF THIS DESCRIPTION ALL AS SHOWN ON EXHIBIT “B”

ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART
HEREOF.

SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAY AND
EASEMENTS OF RECORD.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY
DIRECTION IN CONFORMANCE WITH THE LAND SURVEYOR’S ACT.

Prepared By
NV5, Inc.
________________________ 03-25-2025
J Braley, L.S. 8446 Date
240

PASEO DEL VALLE

CROWN VALLEY PARKWAY POC
TPOB

SOUTH COAST WATER DISTRICT

QUITCLAIM WATER LINE EASEMENT PLAT
APN: 659-031-08
PREPARED FOR: SCWD DATE SUBMITTED:

EXHIBIT "B"
35 659-031-09
36 659-031-08
34 659-031-18
37 659-031-07
03/25/2025 22-0001395.06241

FEE WAIVED
PER GOV. CODE §§ 6103 AND 27383

MAIL TAX STATEMENTS AS DIRECTED ABOVE
4929-6381-4997 v1
RECORDING REQUESTED BY:

South Coast Water District,
a public agency

MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:

Joseph John Espinoza
30391 Paseo Del Valle
Laguna Niguel, CA 92677
Order No.:

Escrow No.:

APN: 659-031-09 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $_0.00_________________________ _____ Computed on full value of property conveyed, or
_____ Computed on full value less liens and encumbrances remaining at time of sale. _____ Unincorporated area _____ City of _______________________________ For valuable consideration, receipt and sufficiency of which is hereby acknowledged, (1) South Coast Water District, a local public agency organized and operating pursuant to Division 12 of the California Water Code (section 30000 et seq.) and its successors and assigns; (2) Moulton Niguel Water District, a California Water District organized and operating pursuant to Division 12 of the California Water Code (Section 30000 et seq.) and its successors and assigns; and (3) City of San Clemente, a municipal corporation and its successors and assigns ((1)-(3) are collectively referred to herein as “Grantors”) hereby REMISE(S), RELEASE(S) AND QUITCLAIM(S) to JOSEPH JOHN ESPINOZA AS TRUSTEE OF THE JOSEPH JOHN ESPINOZA LIVING TRUST DATED MAY 11, 2021, and his/her/its/their successors and assigns (“Grantee”), that certain portion of easement located in the County of Orange, State of California, as more particularly described in that certain Easement recorded as Instrument No. OR5746-657 of the Official Records of the County of Orange, on June 7, 1961 (the “Easement”), together with the pipeline and appurtenances to such pipeline that are located within, upon, under, over or across such Easement and that certain portion of real property (collectively the “Property”) situated in the County of Orange, State of California, which portions are more particularly described in Exhibit “A” and depicted in Exhibit “B” attached hereto and fully incorporated herein.

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM

OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Grantee’s Initials: _____________
The covenants in this Quitclaim Deed shall run with the land and shall be binding upon and inure to the benefit of Grantors, Grantee, and their respective heirs, administrators, personal representatives, executors, 242
4929-6381-4997 v1
devisees, successors and assigns, with the understanding that the indemnification and liability protections in favor of Grantors shall survive the conveyance of the Property.

SOUTH COAST WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:__________________________________________ Rick Shintaku
General Manager
MOULTON NIGUEL WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:________________________________________ Joone Lopez
General Manager
CITY OF SAN CLEMENTE (“Grantor”)
Dated: ___________________________ by:________________________________________ Andy Hall
City Manager
PROPERTY OWNER (“Grantee”)
Dated: ___________________________ ___________________________________________ Joseph John Espinoza
Grantee
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
243
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
244
EXHIBIT “A”

LEGAL DESCRIPTION

QUITCLAIM OF EASEMENT
APN: 659-031-09

SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND BEING A PORTION OF LOT 35 OF TRACT NO. 5182 PER MAP FILED IN BOOK 187 OF MISCELLANEOUS MAPS, PAGES 33 THROUGH 35

INCLUSIVE, RECORDS OF SAID COUNTY, AND BEING A PORTION OF

THAT CERTAIN EASEMENT DESCRIBED IN A DEED RECORDED IN
BOOK 5746, PAGE 657, OFFICIAL RECORDS OF SAID COUNTY, SAID PORTION BEING A STRIP OF LAND 25 FEET WIDE, 12.5 FEET ON EITHER

SIDE, THE CENTERLINE OF SAID STRIP MORE PARTICULARLY
DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 35,

BEING A POINT ON A CURVE, CONCAVE SOUTHEASTERLY WITH A
RADIUS OF 1948.00 FEET, A LINE THROUGH SAID POINT BEARS NORTH 53°11’29” WEST; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 35 SOUTH 47°55’39” EAST A DISTANCE OF 141.94 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 26°33’54” EAST A DISTANCE OF 31.43 FEET TO THE SOUTHWESTERLY LINE OF LOT 34 OF

SAID TRACT MAP, SAID SOUTHWESTERLY LINE BEARS NORTH
47°55’39” WEST, AND BEING THE END OF THIS DESCRIPTION.

THE SIDELINES OF THIS PORTION, 12.50 FEET ON EITHER SIDE OF THE

ABOVE-DESCRIBED CENTERLINE, ARE TO EXTEND OR SHORTEN AT THE BOUNDARIES OF SAID LOT 35.

CONTAINING AN AREA OF 786 SQUARE FEET, MORE OR LESS.
245
A PLAT OF THIS DESCRIPTION ALL AS SHOWN ON EXHIBIT “B”

ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART
HEREOF.

SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAY AND
EASEMENTS OF RECORD.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY
DIRECTION IN CONFORMANCE WITH THE LAND SURVEYOR’S ACT.

Prepared By
NV5, Inc.
________________________ 03-25-2025
J Braley, L.S. 8446 Date
246

PASEO DEL VALLE

CROWN VALLEY PARKWAY POC
TPOB
C5
L2

SOUTH COAST WATER DISTRICT

QUITCLAIM WATER LINE EASEMENT PLAT
APN: 659-031-09
PREPARED FOR: SCWD DATE SUBMITTED:

EXHIBIT "B"
35 659-031-09
34 659-031-18
1 937-62-001
36 659-031-08
03/25/2025 22-0001395.06247

FEE WAIVED
PER GOV. CODE §§ 6103 AND 27383

MAIL TAX STATEMENTS AS DIRECTED ABOVE
4929-6381-4997 v1
RECORDING REQUESTED BY:

South Coast Water District,
a public agency

MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:

Susan Michelle Mooney
30381 Paseo Del Valle
Laguna Niguel, CA 92677
Order No.:

Escrow No.:

APN: 659-031-18 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $_0.00_________________________ _____ Computed on full value of property conveyed, or
_____ Computed on full value less liens and encumbrances remaining at time of sale. _____ Unincorporated area _____ City of _______________________________ For valuable consideration, receipt and sufficiency of which is hereby acknowledged, (1) South Coast Water District, a local public agency organized and operating pursuant to Division 12 of the California Water Code (section 30000 et seq.) and its successors and assigns; (2) Moulton Niguel Water District, a California Water District organized and operating pursuant to Division 12 of the California Water Code (Section 30000 et seq.) and its successors and assigns; and (3) City of San Clemente, a municipal corporation and its successors and assigns ((1)-(3) are collectively referred to herein as “Grantors”) hereby REMISE(S), RELEASE(S) AND QUITCLAIM(S) to SUSAN MICHELLE MOONEY AS TRUSTEE OF THE SUSAN MICHELLE MOONEY REVOCABLE TRUST DATED OCTOBER 24, 2014, and his/her/its/their successors and assigns (“Grantee”), that certain portion of easement located in the County of Orange, State of California, as more particularly described in that certain Easement recorded as Instrument No. OR5746-657 of the Official Records of the County of Orange, on June 7, 1961 (the “Easement”), together with the pipeline and appurtenances to such pipeline that are located within, upon, under, over or across such Easement and that certain portion of real property (collectively the “Property”) situated in the County of Orange, State of California, which portions are more particularly described in Exhibit “A” and depicted in Exhibit “B” attached hereto and fully incorporated herein.

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM

OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Grantee’s Initials: _____________
248
4929-6381-4997 v1
The covenants in this Quitclaim Deed shall run with the land and shall be binding upon and inure to the benefit of Grantors, Grantee, and their respective heirs, administrators, personal representatives, executors, devisees, successors and assigns, with the understanding that the indemnification and liability protections in favor of Grantors shall survive the conveyance of the Property.

SOUTH COAST WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:__________________________________________ Rick Shintaku
General Manager
MOULTON NIGUEL WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:________________________________________ Joone Lopez
General Manager
CITY OF SAN CLEMENTE (“Grantor”)
Dated: ___________________________ by:________________________________________ Andy Hall
City Manager
PROPERTY OWNER (“Grantee”)
Dated: ___________________________ ___________________________________________ Susan Michelle Mooney
Grantee
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
249
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
250
EXHIBIT “A”

LEGAL DESCRIPTION

QUITCLAIM OF EASEMENT
APN: 659-031-18

SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND BEING A PORTION OF LOT 34 OF TRACT NO. 5182 PER MAP FILED IN BOOK 187 OF MISCELLANEOUS MAPS, PAGES 33 THROUGH 35

INCLUSIVE, RECORDS OF SAID COUNTY, AND BEING A PORTION OF

THAT CERTAIN EASEMENT DESCRIBED IN A DEED RECORDED IN
BOOK 5746, PAGE 657, OFFICIAL RECORDS OF SAID COUNTY, SAID PORTION BEING A STRIP OF LAND 25 FEET WIDE, 12.5 FEET ON EITHER

SIDE, THE CENTERLINE OF SAID STRIP MORE PARTICULARLY
DESCRIBED AS FOLLOWS:

COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 35 OF
SAID TRACT NO. 5182; THENCE ALONG THE NORTHERLY LINE OF SAID LOTS 35 AND 34 SOUTH 57°44’06” EAST A DISTANCE OF 104.48 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID NORTHERLY LINE SOUTH 26°33’54” WEST A DISTANCE OF 144.38 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 34, SAID SOUTHWESTERLY LINE BEARS NORTH 47°55’39” WEST, AND BEING THE END OF THIS DESCRIPTION.

THE SIDELINES OF THIS PORTION, 12.50 FEET ON EITHER SIDE OF THE

ABOVE-DESCRIBED CENTERLINE, ARE TO EXTEND OR SHORTEN AT THE BOUNDARIES OF SAID LOT 34.

CONTAINING AN AREA OF 3,610 SQUARE FEET, MORE OR LESS.
251
A PLAT OF THIS DESCRIPTION ALL AS SHOWN ON EXHIBIT “B”

ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART
HEREOF.

SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAY AND
EASEMENTS OF RECORD.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY
DIRECTION IN CONFORMANCE WITH THE LAND SURVEYOR’S ACT.

Prepared By
NV5, Inc.
________________________ 03-25-2025
J Braley, L.S. 8446 Date
252

PASEO DEL VALLE

CROWN VALLEY PARKWAY
C3
C4
POC
TPOB

SOUTH COAST WATER DISTRICT

QUITCLAIM WATER LINE EASEMENT PLAT
APN: 659-031-18
PREPARED FOR: SCWD DATE SUBMITTED:

EXHIBIT "B"
34 659-031-18
35 659-031-09
36 659-031-08
1 937-62-001
03/25/2025 22-0001395.06253

FEE WAIVED
PER GOV. CODE §§ 6103 AND 27383

MAIL TAX STATEMENTS AS DIRECTED ABOVE
4929-6381-4997 v1
RECORDING REQUESTED BY:

South Coast Water District,
a public agency

MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:

Crown Valley Condominium
Association
C/O Regent Association Services
180 S. Prospect Ave., Ste. 200
Tustin, CA 92780
Order No.:

Escrow No.:

APN: 659-031-22 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $_0.00_________________________ _____ Computed on full value of property conveyed, or
_____ Computed on full value less liens and encumbrances remaining at time of sale. _____ Unincorporated area _____ City of _______________________________ For valuable consideration, receipt and sufficiency of which is hereby acknowledged, (1) South Coast Water District, a local public agency organized and operating pursuant to Division 12 of the California Water Code (section 30000 et seq.) and its successors and assigns; (2) Moulton Niguel Water District, a California Water District organized and operating pursuant to Division 12 of the California Water Code (Section 30000 et seq.) and its successors and assigns; and (3) City of San Clemente, a municipal corporation and its successors and assigns ((1)-(3) are collectively referred to herein as “Grantors”) hereby REMISE(S), RELEASE(S) AND QUITCLAIM(S) to CROWN VALLEY CONDOMINIUM ASSOCIATION, a California non-profit corporation, and his/her/its/their successors and assigns (“Grantee”), that certain portion of easement located in the County of Orange, State of California, as more particularly described in that certain Easement recorded as Instrument No. OR5746-657 of the Official Records of the County of Orange, on June 7, 1961 (the “Easement”), together with the pipeline and appurtenances to such pipeline that are located within, upon, under, over or across such Easement and that certain portion of real property (collectively the “Property”) situated in the County of Orange, State of California, which portions are more particularly described in Exhibit “A” and depicted in Exhibit “B” attached hereto and fully incorporated herein.

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM

OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Grantee’s Initials: _____________
The covenants in this Quitclaim Deed shall run with the land and shall be binding upon and inure to the benefit of Grantors, Grantee, and their respective heirs, administrators, personal representatives, executors, 254
4929-6381-4997 v1
devisees, successors and assigns, with the understanding that the indemnification and liability protections in favor of Grantors shall survive the conveyance of the Property.

Board President
Crown Valley Condominium Association
Grantee
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
255
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
256
EXHIBIT “A”

LEGAL DESCRIPTION

QUITCLAIM OF EASEMENT
APN: 659-031-22

SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND BEING IN LOT 1 OF TRACT NO. 10530 PER MAP FILED IN BOOK 466 OF MISCELLANEOUS MAPS, PAGES 25 THROUGH 27 INCLUSIVE, RECORDS

OF SAID COUNTY, AND BEING A PORTION OF THAT CERTAIN
EASEMENT DESCRIBED IN A DEED RECORDED IN BOOK 5746, PAGE 657, OFFICIAL RECORDS OF SAID COUNTY, SAID PORTION BEING A STRIP OF LAND 25 FEET WIDE, 12.5 FEET ON EITHER SIDE, THE

CENTERLINE OF SAID STRIP MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 1, SAID POINT BEING THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE WHICH BEARS NORTH 44°35’56” EAST WITH A
DISTANCE OF 334.01 FEET PER SAID MAP; THENCE NORTH 44°35’56” EAST ALONG SAID LINE 203.87 FEET TO THE CENTERLINE OF THE EASEMENT IN FAVOR OF TRI-CITIES MUNICIPAL WATER DISTRICT, (25 FEET WIDE) AS DESCRIBED IN THE DOCUMENT RECORDED JUNE 7, 1961 IN BOOK 5746, PAGE 657 OF OFFICIAL RECORDS OF SAID COUNTY,

BEING A POINT ON A TANGENT CURVE, CONCAVE NORTHWESTERLY, WITH A RADIUS OF 1200 FEET, A RADIAL LINE TO WHICH BEARS NORTH 66°12’06” WEST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID NORTHEASTERLY LINE OF LOT 1 AND ALONG

SAID CENTERLINE OF EASEMENT THROUGH A CENTRAL ANGLE OF
02°46’00” AND AN ARC DISTANCE OF 57.94 FEET;

THENCE CONTINUING ALONG SAID CENTERLINE, BEING A LINE
TANGENT TO LAST MENTIONED CURVE SOUTH 26°33’54” WEST A
DISTANCE OF 252.24 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 1, SAID POINT BEARS SOUTH 57°44’06” EAST A DISTANCE OF 96.39 FEET FROM THE NORTHWESTERLY CORNER OF SAID LOT 1 AND
BEING THE END OF THIS LEGAL DESCRIPTION.
257
THE SIDELINES OF THIS PORTION, 12.50 FEET ON EITHER SIDE OF THE

ABOVE-DESCRIBED CENTERLINE, ARE TO EXTEND OR SHORTEN AT THE BOUNDARIES OF SAID LOT 1.

CONTAINING AN AREA OF 7745 SQUARE FEET, MORE OR LESS.

A PLAT OF THIS DESCRIPTION ALL AS SHOWN ON EXHIBIT “B”

ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART
HEREOF.

SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAY AND
EASEMENTS OF RECORD.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY
DIRECTION IN CONFORMANCE WITH THE LAND SURVEYOR’S ACT.

Prepared By
NV5, Inc.
________________________ 03-25-2025
J Braley, L.S. 8446 Date
258

HILLHURST DRIVE CROWN VALLEY PARKWAY
36 37
C1
C2
L1
POC
TPOB

SOUTH COAST WATER DISTRICT

QUITCLAIM WATER LINE EASEMENT PLAT
APN: 659-031-22
PREPARED FOR: SCWD DATE SUBMITTED: 03/25/2025 22-0001395.06 EXHIBIT "B"
659-031-22
259

FEE WAIVED
PER GOV. CODE §§ 6103 AND 27383

MAIL TAX STATEMENTS AS DIRECTED ABOVE
4929-6381-4997 v1
RECORDING REQUESTED BY:

South Coast Water District,
a public agency

MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:

Richard S. Fair and Sharon M. Fair
30502 Paseo Del Valle
Laguna Niguel, CA 92677
Order No.:

Escrow No.:

APN: 659-032-04 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $_0.00_________________________ _____ Computed on full value of property conveyed, or
_____ Computed on full value less liens and encumbrances remaining at time of sale. _____ Unincorporated area _____ City of _______________________________ For valuable consideration, receipt and sufficiency of which is hereby acknowledged, (1) South Coast Water District, a local public agency organized and operating pursuant to Division 12 of the California Water Code (section 30000 et seq.) and its successors and assigns; (2) Moulton Niguel Water District, a California Water District organized and operating pursuant to Division 12 of the California Water Code (Section 30000 et seq.) and its successors and assigns; and (3) City of San Clemente, a municipal corporation and its successors and assigns ((1)-(3) are collectively referred to herein as “Grantors”) hereby REMISE(S), RELEASE(S) AND QUITCLAIM(S) to RICHARD HARVEY FAIR AND SHARON MARIE JOHNSON FAIR AS TRUSTEES OF THE FAIR FAMILY TRUST and his/her/its/their successors and assigns (“Grantee”), that certain portion of easement located in the County of Orange, State of California, as more particularly described in that certain Easement recorded as Instrument No. OR5746-657 of the Official Records of the County of Orange, on June 7, 1961 (the “Easement”), together with the pipeline and appurtenances to such pipeline that are located within, upon, under, over or across such Easement and that certain portion of real property (collectively the “Property”) situated in the County of Orange, State of California, which portions are more particularly described in Exhibit “A” and depicted in Exhibit “B” attached hereto and fully incorporated herein.

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM

OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Grantee’s Initials: _____________
The covenants in this Quitclaim Deed shall run with the land and shall be binding upon and inure to the benefit of Grantors, Grantee, and their respective heirs, administrators, personal representatives, executors, 260
4929-6381-4997 v1
devisees, successors and assigns, with the understanding that the indemnification and liability protections in favor of Grantors shall survive the conveyance of the Property.

SOUTH COAST WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:__________________________________________ Rick Shintaku
General Manager
MOULTON NIGUEL WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:________________________________________ Joone Lopez
General Manager
CITY OF SAN CLEMENTE (“Grantor”)
Dated: ___________________________ by:________________________________________ Andy Hall
City Manager
PROPERTY OWNER (“Grantee”)
Dated: ___________________________ ___________________________________________ Richard H. Fair
Grantee
Dated: ___________________________ ___________________________________________ Sharon M. Fair
Grantee
261
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
262
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
263
EXHIBIT “A”

LEGAL DESCRIPTION

QUITCLAIM OF EASEMENT
APN: 659-032-04

SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND BEING A PORTION OF LOT 27 OF TRACT NO. 5182 PER MAP FILED IN BOOK 187 OF MISCELLANEOUS MAPS, PAGES 33 THROUGH 35

INCLUSIVE, RECORDS OF SAID COUNTY, AND BEING A PORTION OF

THAT CERTAIN EASEMENT DESCRIBED IN A DEED RECORDED IN
BOOK 5746, PAGE 657, OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID LOT
27, BEING A POINT ON A CURVE, CONCAVE SOUTHEASTERLY WITH A RADIUS OF 474.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 71°51’05” WEST; THENCE ALONG THE NORTHERLY LINE OF SAID LOT SOUTH 70°01’23” EAST A DISTANCE OF 0.71 FEET;
THENCE LEAVING SAID NORTHERLY LINE SOUTH 26°33’54” WEST A DISTANCE OF 4.69 FEET TO A POINT OF CUSP ON SAID CURVE WITH A RADIUS OF 474.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 72°24’53” WEST;

THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 00°33’48” AND AN ARC DISTANCE OF 4.66 FEET TO THE TRUE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION.

CONTAINING AN AREA OF 1.67 SQUARE FEET, MORE OR LESS.
264
A PLAT OF THIS DESCRIPTION ALL AS SHOWN ON EXHIBIT “B”

ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART
HEREOF.

SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAY AND
EASEMENTS OF RECORD.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY
DIRECTION IN CONFORMANCE WITH THE LAND SURVEYOR’S ACT.

Prepared By
NV5, Inc.
________________________ 03-25-2025
J Braley, L.S. 8446 Date
265

PASEO DEL
VALLE
TPOB

SOUTH COAST WATER DISTRICT

QUITCLAIM WATER LINE EASEMENT PLAT
APN: 659-032-04
PREPARED FOR: SCWD DATE SUBMITTED:

EXHIBIT "B" DETAIL
"A"
N.T.S.

TPOB
27 659-032-04
28 659-032-05
26 659-032-03
03/25/2025 22-0001395.06266

FEE WAIVED
PER GOV. CODE §§ 6103 AND 27383

MAIL TAX STATEMENTS AS DIRECTED ABOVE
4929-6381-4997 v1
RECORDING REQUESTED BY:

South Coast Water District,
a public agency

MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:

Ather Mateen and Bushra Mateen
30462 Paseo Del Valle
Laguna Niguel, CA 92677
Order No.:

Escrow No.:

APN: 659-032-05 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $_0.00_________________________ _____ Computed on full value of property conveyed, or
_____ Computed on full value less liens and encumbrances remaining at time of sale. _____ Unincorporated area _____ City of _______________________________ For valuable consideration, receipt and sufficiency of which is hereby acknowledged, (1) South Coast Water District, a local public agency organized and operating pursuant to Division 12 of the California Water Code (section 30000 et seq.) and its successors and assigns; (2) Moulton Niguel Water District, a California Water District organized and operating pursuant to Division 12 of the California Water Code (Section 30000 et seq.) and its successors and assigns; and (3) City of San Clemente, a municipal corporation and its successors and assigns ((1)-(3) are collectively referred to herein as “Grantors”) hereby REMISE(S), RELEASE(S) AND QUITCLAIM(S) to ATHER MATEEN AND BUSHRA MATEEN AS TRUSTEES OF THE MATEEN FAMILY TRUST DATED JUNE 19, 2020, and his/her/its/their successors and assigns (“Grantee”), that certain portion of easement located in the County of Orange, State of California, as more particularly described in that certain Easement recorded as Instrument No. OR5746-657 of the Official Records of the County of Orange, on June 7, 1961 (the “Easement”), together with the pipeline and appurtenances to such pipeline that are located within, upon, under, over or across such Easement and that certain portion of real property (collectively the “Property”) situated in the County of Orange, State of California, which portions are more particularly described in Exhibit “A” and depicted in Exhibit “B” attached hereto and fully incorporated herein.

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM

OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Grantee’s Initials: _____________
The covenants in this Quitclaim Deed shall run with the land and shall be binding upon and inure to the benefit of Grantors, Grantee, and their respective heirs, administrators, personal representatives, executors, 267
4929-6381-4997 v1
devisees, successors and assigns, with the understanding that the indemnification and liability protections in favor of Grantors shall survive the conveyance of the Property.

SOUTH COAST WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:__________________________________________ Rick Shintaku
General Manager
MOULTON NIGUEL WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:________________________________________ Joone Lopez
General Manager
CITY OF SAN CLEMENTE (“Grantor”)
Dated: ___________________________ by:________________________________________ Andy Hall
City Manager
PROPERTY OWNER (“Grantee”)
Dated: ___________________________ ___________________________________________ Ather Mateen
Grantee
Dated: ___________________________ ___________________________________________ Bushra Mateen
Grantee
268
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature________________________________________
269
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
270
EXHIBIT “A”

LEGAL DESCRIPTION

QUITCLAIM OF EASEMENT
APN: 659-032-05

SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND BEING A PORTION OF LOT 28 OF TRACT NO. 5182 PER MAP FILED IN BOOK 187 OF MISCELLANEOUS MAPS, PAGES 33 THROUGH 35

INCLUSIVE, RECORDS OF SAID COUNTY, AND BEING A PORTION OF

THAT CERTAIN EASEMENT DESCRIBED IN A DEED RECORDED IN
BOOK 5746, PAGE 657, OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID LOT
28, BEING A POINT ON A CURVE, CONCAVE SOUTHEASTERLY WITH A RADIUS OF 674.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 61°12’46” WEST; THENCE ALONG THE NORTHERLY LINE OF SAID LOT SOUTH 70°01’23” EAST A DISTANCE OF 5.51 FEET;
THENCE LEAVING SAID NORTHERLY LINE SOUTH 26°33’54” WEST A DISTANCE OF 104.44 FEET TO THE SOUTHERLY LINE OF SAID LOT 28; THENCE ALONG SAID SOUTHERLY LINE NORTH 70°01’23” WEST A DISTANCE OF 0.71 FEET TO A POINT ON THE WESTERLY LINE OF SAID

LOT, BEING A CURVE, CONCAVE SOUTHEASTERLY WITH A RADIUS OF 474.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 71°51’05” WEST;

THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 06°00’53” AND AN ARC DISTANCE OF 49.76 FEET TO THE

BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY WITH A RADIUS OF 674.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 65°50’12” WEST;

THENCE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 04°37’26” AND AN ARC DISTANCE OF 54.39 FEET

TO THE TRUE POINT OF BEGINNING AND THE END OF THIS
DESCRIPTION.

CONTAINING AN AREA OF 490 SQUARE FEET, MORE OR LESS.
271
A PLAT OF THIS DESCRIPTION ALL AS SHOWN ON EXHIBIT “B”

ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART
HEREOF.

SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAY AND
EASEMENTS OF RECORD.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY
DIRECTION IN CONFORMANCE WITH THE LAND SURVEYOR’S ACT.

Prepared By
NV5, Inc.
________________________ 03-25-2025
J Braley, L.S. 8446 Date
272
TPOB
C7
C6

SOUTH COAST WATER DISTRICT

QUITCLAIM WATER LINE EASEMENT PLAT
APN: 659-032-05
PREPARED FOR: SCWD DATE SUBMITTED:

EXHIBIT "B" DETAIL
"A"
N.T.S.

TPOB
C6
C7
28 659-032-05
30 31
32 659-032-09
659-032-12
27 659-032-04 26
659-032-03
29 659-032-06
03/25/2025 22-0001395.06273

FEE WAIVED
PER GOV. CODE §§ 6103 AND 27383

MAIL TAX STATEMENTS AS DIRECTED ABOVE
4929-6381-4997 v1
RECORDING REQUESTED BY:

South Coast Water District,
a public agency

MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:

Nicholas John Kochek Jr. and
Atoussa Cameron
30452 Paseo Del Valle
Laguna Niguel, CA 92677
Order No.:

Escrow No.:

APN: 659-032-06 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $_0.00_________________________ _____ Computed on full value of property conveyed, or
_____ Computed on full value less liens and encumbrances remaining at time of sale. _____ Unincorporated area _____ City of _______________________________ For valuable consideration, receipt and sufficiency of which is hereby acknowledged, (1) South Coast Water District, a local public agency organized and operating pursuant to Division 12 of the California Water Code (section 30000 et seq.) and its successors and assigns; (2) Moulton Niguel Water District, a California Water District organized and operating pursuant to Division 12 of the California Water Code (Section 30000 et seq.) and its successors and assigns; and (3) City of San Clemente, a municipal corporation and its successors and assigns ((1)-(3) are collectively referred to herein as “Grantors”) hereby REMISE(S), RELEASE(S) AND QUITCLAIM(S) to NICHOLAS JOHN KOCHEK JR. AND ATOUSSA CAMERON AS TRUSTEES OF THE KOCHEK/CAMERON TRUST UNDER DECLARATION OF TRUST DATED MARCH 11, 2014, and his/her/its/their successors and assigns (“Grantee”), that certain portion of easement located in the County of Orange, State of California, as more particularly described in that certain Easement recorded as Instrument No. OR5746-657 of the Official Records of the County of Orange, on June 7, 1961 (the “Easement”), together with the pipeline and appurtenances to such pipeline that are located within, upon, under, over or across such Easement and that certain portion of real property (collectively the “Property”) situated in the County of Orange, State of California, which portions are more particularly described in Exhibit “A” and depicted in Exhibit “B” attached hereto and fully incorporated herein.

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM

OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Grantee’s Initials: _____________
274
4929-6381-4997 v1
The covenants in this Quitclaim Deed shall run with the land and shall be binding upon and inure to the benefit of Grantors, Grantee, and their respective heirs, administrators, personal representatives, executors, devisees, successors and assigns, with the understanding that the indemnification and liability protections in favor of Grantors shall survive the conveyance of the Property.

Grantee
Dated: ___________________________ ___________________________________________ Atoussa Cameron
Grantee
275
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
276
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
277
EXHIBIT “A”

LEGAL DESCRIPTION

QUITCLAIM OF EASEMENT
APN: 659-032-06

SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND BEING A PORTION OF LOT 29 OF TRACT NO. 5182 PER MAP FILED IN BOOK 187 OF MISCELLANEOUS MAPS, PAGES 33 THROUGH 35

INCLUSIVE, RECORDS OF SAID COUNTY, AND BEING A PORTION OF

THAT CERTAIN EASEMENT DESCRIBED IN A DEED RECORDED IN
BOOK 5746, PAGE 657, OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID LOT
29, BEING A POINT ON A CURVE, CONCAVE SOUTHEASTERLY WITH A RADIUS OF 674.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 59°03’18” WEST; THENCE ALONG THE NORTHERLY LINE OF SAID LOT SOUTH 70°01’23” EAST A DISTANCE OF 4.04 FEET;
THENCE LEAVING SAID NORTHERLY LINE SOUTH 26°33’54” WEST A DISTANCE OF 25.17 FEET TO THE SOUTHERLY LINE OF SAID LOT 29; THENCE ALONG SAID SOUTHERLY LINE NORTH 70°01’23” WEST A DISTANCE OF 5.51 FEET TO A POINT ON SAID CURVE HAVING A RADIUS OF 674.00 FEET, SAID CURVE BEING THE WESTERLY LINE OF SAID LOT 29, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 61°12’46” WEST;

THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 02°09’28” AND AN ARC DISTANCE OF 25.38 FEET TO THE TRUE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION.

CONTAINING AN AREA OF 122 SQUARE FEET, MORE OR LESS.
278
A PLAT OF THIS DESCRIPTION ALL AS SHOWN ON EXHIBIT “B”

ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART
HEREOF.

SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAY AND
EASEMENTS OF RECORD.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY
DIRECTION IN CONFORMANCE WITH THE LAND SURVEYOR’S ACT.

Prepared By
NV5, Inc.
________________________ 03-14-2025
J Braley, L.S. 8446 Date
279

PASEO DEL VALLE
TPOB
C7
C6

SOUTH COAST WATER DISTRICT

QUITCLAIM WATER LINE EASEMENT PLAT
APN: 659-032-06
PREPARED FOR: SCWD DATE SUBMITTED:

EXHIBIT "B"
DETAIL
"A"
N.T.S.

TPOB
30 29
659-032-06
31 32
659-032-09
659-032-12
28 659-032-05
27 659-032-04 26
659-032-03
03/25/2025 22-0001395.06280

FEE WAIVED
PER GOV. CODE §§ 6103 AND 27383

MAIL TAX STATEMENTS AS DIRECTED ABOVE
4929-6381-4997 v1
RECORDING REQUESTED BY:

South Coast Water District,
a public agency

MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:

Michael J. Genovese and
Virginia G. Genovese
30432 Paseo Del Valle
Laguna Niguel, CA 92677
Order No.:

Escrow No.:

APN: 659-032-12 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $_0.00_________________________ _____ Computed on full value of property conveyed, or
_____ Computed on full value less liens and encumbrances remaining at time of sale. _____ Unincorporated area _____ City of _______________________________ For valuable consideration, receipt and sufficiency of which is hereby acknowledged, (1) South Coast Water District, a local public agency organized and operating pursuant to Division 12 of the California Water Code (section 30000 et seq.) and its successors and assigns; (2) Moulton Niguel Water District, a California Water District organized and operating pursuant to Division 12 of the California Water Code (Section 30000 et seq.) and its successors and assigns; and (3) City of San Clemente, a municipal corporation and its successors and assigns ((1)-(3) are collectively referred to herein as “Grantors”) hereby REMISE(S), RELEASE(S) AND QUITCLAIM(S) to MICHAEL J. GENOVESE AND VIRGINIA G. GENOVESE AS TRUSTEES OF THE GENOVESE FAMILY TRUST DATED FEBRUARY 1, 2001, and his/her/its/their successors and assigns (“Grantee”), that certain portion of easement located in the County of Orange, State of California, as more particularly described in that certain Easement recorded as Instrument No. OR5746-657 of the Official Records of the County of Orange, on June 7, 1961 (the “Easement”), together with the pipeline and appurtenances to such pipeline that are located within, upon, under, over or across such Easement and that certain portion of real property (collectively the “Property”) situated in the County of Orange, State of California, which portions are more particularly described in Exhibit “A” and depicted in Exhibit “B” attached hereto and fully incorporated herein.

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM

OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Grantee’s Initials: _____________
281
4929-6381-4997 v1
The covenants in this Quitclaim Deed shall run with the land and shall be binding upon and inure to the benefit of Grantors, Grantee, and their respective heirs, administrators, personal representatives, executors, devisees, successors and assigns, with the understanding that the indemnification and liability protections in favor of Grantors shall survive the conveyance of the Property.

SOUTH COAST WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:__________________________________________ Rick Shintaku
General Manager
MOULTON NIGUEL WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:________________________________________ Joone Lopez
General Manager
CITY OF SAN CLEMENTE (“Grantor”)
Dated: ___________________________ by:________________________________________ Andy Hall
City Manager
PROPERTY OWNER (“Grantee”)
Dated: ___________________________ ___________________________________________ Michael J. Genovese
Grantee
Dated: ___________________________ ___________________________________________ Virginia G. Genovese
Grantee
282
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
283
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
284
EXHIBIT “A”

LEGAL DESCRIPTION

QUITCLAIM OF EASEMENT
APN: 659-032-12

SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND BEING PORTIONS OF LOTS 30 AND 31, THESE LOTS HELD TOGETHER AS A WHOLE, OF TRACT NO. 5182 PER MAP FILED IN BOOK 187 OF MISCELLANEOUS MAPS, PAGES 33 THROUGH 35 INCLUSIVE, RECORDS

OF SAID COUNTY, AND BEING A PORTION OF THAT CERTAIN
EASEMENT DESCRIBED IN A DEED RECORDED IN BOOK 5746, PAGE 657, OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID LOT
30, BEING A POINT ON A CURVE, CONCAVE SOUTHEASTERLY WITH A RADIUS OF 674.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 59°03’18” WEST; THENCE ALONG SAID CURVE, BEING THE NORTHWESTERLY LINE OF SAID LOTS 30 AND 31, THROUGH A
CENTRAL ANGLE OF 03°15’41” AND AN ARC DISTANCE OF 38.36 FEET

TO A POINT OF CUSP, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 55°47’37” WEST;
THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 26°33’54”
EAST A DISTANCE OF 37.68 FEET TO THE SOUTHERLY LINE OF SAID LOT 30;
THENCE ALONG SAID SOUTHERLY LINE NORTH 70°01’23” WEST A DISTANCE OF 4.04 FEET TO THE TRUE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION.

CONTAINING AN AREA OF 83 SQUARE FEET, MORE OR LESS.
285
A PLAT OF THIS DESCRIPTION ALL AS SHOWN ON EXHIBIT “B”

ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART
HEREOF.

SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAY AND
EASEMENTS OF RECORD.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY
DIRECTION IN CONFORMANCE WITH THE LAND SURVEYOR’S ACT.

Prepared By
NV5, Inc.
________________________ 03-25-2025
J Braley, L.S. 8446 Date
286

PASEO DEL VALLE
TPOB

SOUTH COAST WATER DISTRICT

QUITCLAIM WATER LINE EASEMENT PLAT
APN: 659-032-12
PREPARED FOR: SCWD DATE SUBMITTED:

EXHIBIT "B"
TPOB
DETAIL
"A"
N.T.S. 32
659-032-09
31 30
28 659-032-05
29 659-032-06
659-032-12
03/25/2025 22-0001395.06287

FEE WAIVED
PER GOV. CODE §§ 6103 AND 27383

MAIL TAX STATEMENTS AS DIRECTED ABOVE
4929-6381-4997 v1
RECORDING REQUESTED BY:

South Coast Water District,
a public agency

MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:

Lance J. Wrobel and
Susan L. Wrobel
30551 Paseo Del Valle
Laguna Niguel, CA 92677
Order No.:

Escrow No.:

APN: 659-042-01 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $_0.00_________________________ _____ Computed on full value of property conveyed, or
_____ Computed on full value less liens and encumbrances remaining at time of sale. _____ Unincorporated area _____ City of _______________________________ For valuable consideration, receipt and sufficiency of which is hereby acknowledged, (1) South Coast Water District, a local public agency organized and operating pursuant to Division 12 of the California Water Code (section 30000 et seq.) and its successors and assigns; (2) Moulton Niguel Water District, a California Water District organized and operating pursuant to Division 12 of the California Water Code (Section 30000 et seq.) and its successors and assigns; and (3) City of San Clemente, a municipal corporation and its successors and assigns ((1)-(3) are collectively referred to herein as “Grantors”) hereby REMISE(S), RELEASE(S) AND QUITCLAIM(S) to LANCE J. WROBEL AND SUSAN L. WROBEL AS TRUSTEES OF THE WROBEL FAMILY TRUST DATED FEBRUARY 27, 1989, and his/her/its/their successors and assigns (“Grantee”), that certain portion of easement located in the County of Orange, State of California, as more particularly described in that certain Easement recorded as Instrument No. OR5746-657 of the Official Records of the County of Orange, on June 7, 1961 (the “Easement”), together with the pipeline and appurtenances to such pipeline that are located within, upon, under, over or across such Easement and that certain portion of real property (collectively the “Property”) situated in the County of Orange, State of California, which portions are more particularly described in Exhibit “A” and depicted in Exhibit “B” attached hereto and fully incorporated herein.

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM

OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Grantee’s Initials: _____________
The covenants in this Quitclaim Deed shall run with the land and shall be binding upon and inure to the benefit of Grantors, Grantee, and their respective heirs, administrators, personal representatives, executors, 288
4929-6381-4997 v1
devisees, successors and assigns, with the understanding that the indemnification and liability protections in favor of Grantors shall survive the conveyance of the Property.

SOUTH COAST WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:__________________________________________ Rick Shintaku
General Manager
MOULTON NIGUEL WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:________________________________________ Joone Lopez
General Manager
CITY OF SAN CLEMENTE (“Grantor”)
Dated: ___________________________ by:________________________________________ Andy Hall
City Manager
PROPERTY OWNER (“Grantee”)
Dated: ___________________________ ___________________________________________ Lance J. Wrobel
Grantee
Dated: ___________________________ ___________________________________________ Susan L. Wrobel
Grantee
289
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
290
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
291
EXHIBIT “A”

LEGAL DESCRIPTION

QUITCLAIM OF EASEMENT
APN: 659-042-01

SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND BEING A PORTION OF LOT 44 OF TRACT NO. 5182 PER MAP FILED IN BOOK 187 OF MISCELLANEOUS MAPS, PAGES 33 THROUGH 35

INCLUSIVE, RECORDS OF SAID COUNTY, AND BEING A PORTION OF THAT CERTAIN EASEMENT, 25 FEET WIDE, DESCRIBED IN A DEED RECORDED IN BOOK 5746, PAGE 657, OFFICIAL RECORDS OF SAID

COUNTY, THE CENTERLINE OF SAID PORTION BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 44;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT NORTH 72°39’10” WEST A DISTANCE OF 59.48 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE LEAVING SAID NORTHERLY LINE SOUTH 26°33’54” WEST A DISTANCE OF 123.28 FEET TO THE SOUTHERLY LINE OF SAID LOT 44,

BEING A POINT ON A CURVE, CONCAVE SOUTHWESTERLY, WITH A RADIUS OF 46.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 40°19’35” EAST, AND BEING THE END OF THIS DESCRIPTION.

THE SIDELINES OF THIS PORTION, 12.50 FEET ON EITHER SIDE OF THE

ABOVE-DESCRIBED CENTERLINE, ARE TO EXTEND OR SHORTEN AT THE BOUNDARIES OF SAID LOT 44.

CONTAINING AN AREA OF 3,098 SQUARE FEET, MORE OR LESS.
292
A PLAT OF THIS DESCRIPTION ALL AS SHOWN ON EXHIBIT “B”

ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART
HEREOF.

SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAY AND
EASEMENTS OF RECORD.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY
DIRECTION IN CONFORMANCE WITH THE LAND SURVEYOR’S ACT.

Prepared By
NV5, Inc.
________________________ 03-25-2025
J Braley, L.S. 8446 Date
293
TPOB
POC

LAS COLINAS COURT

SOUTH COAST WATER DISTRICT

QUITCLAIM WATER LINE EASEMENT PLAT
APN: 659-042-01
PREPARED FOR: SCWD DATE SUBMITTED:

EXHIBIT "B"
45 659-042-02
44 659-042-01
43 659-031-01
03/25/2025 22-0001395.06294

FEE WAIVED
PER GOV. CODE §§ 6103 AND 27383

MAIL TAX STATEMENTS AS DIRECTED ABOVE
4929-6381-4997 v1
RECORDING REQUESTED BY:

South Coast Water District,
a public agency

MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:

Benjamin W. Heys and
Caroline Heys
23582 Las Colinas Court
Laguna Niguel, CA 92677
Order No.:

Escrow No.:

APN: 659-042-04 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $_0.00_________________________ _____ Computed on full value of property conveyed, or
_____ Computed on full value less liens and encumbrances remaining at time of sale. _____ Unincorporated area _____ City of _______________________________ For valuable consideration, receipt and sufficiency of which is hereby acknowledged, (1) South Coast Water District, a local public agency organized and operating pursuant to Division 12 of the California Water Code (section 30000 et seq.) and its successors and assigns; (2) Moulton Niguel Water District, a California Water District organized and operating pursuant to Division 12 of the California Water Code (Section 30000 et seq.) and its successors and assigns; and (3) City of San Clemente, a municipal corporation and its successors and assigns ((1)-(3) are collectively referred to herein as “Grantors”) hereby REMISE(S), RELEASE(S) AND QUITCLAIM(S) to BENJAMIN W. HEYS AND CAROLINE HEYS and his/her/its/their successors and assigns (“Grantee”), that certain portion of easement located in the County of Orange, State of California, as more particularly described in that certain Easement recorded as Instrument No. OR5746-657 of the Official Records of the County of Orange, on June 7, 1961 (the “Easement”), together with the pipeline and appurtenances to such pipeline that are located within, upon, under, over or across such Easement and that certain portion of real property (collectively the “Property”) situated in the County of Orange, State of California, which portions are more particularly described in Exhibit “A” and depicted in Exhibit “B” attached hereto and fully incorporated herein.

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM

OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Grantee’s Initials: _____________
The covenants in this Quitclaim Deed shall run with the land and shall be binding upon and inure to the benefit of Grantors, Grantee, and their respective heirs, administrators, personal representatives, executors, 295
4929-6381-4997 v1
devisees, successors and assigns, with the understanding that the indemnification and liability protections in favor of Grantors shall survive the conveyance of the Property.

SOUTH COAST WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:__________________________________________ Rick Shintaku
General Manager
MOULTON NIGUEL WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:________________________________________ Joone Lopez
General Manager
CITY OF SAN CLEMENTE (“Grantor”)
Dated: ___________________________ by:________________________________________ Andy Hall
City Manager
PROPERTY OWNER (“Grantee”)
Dated: ___________________________ ___________________________________________ Benjamin W. Heys
Grantee
Dated: ___________________________ ___________________________________________ Caroline Heys
Grantee
296
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature________________________________________
297
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
298
EXHIBIT “A”

LEGAL DESCRIPTION

QUITCLAIM OF EASEMENT
APN: 659-042-04

SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND BEING A PORTION OF LOT 47 OF TRACT NO. 5182 PER MAP FILED IN BOOK 187 OF MISCELLANEOUS MAPS, PAGES 33 THROUGH 35

INCLUSIVE, RECORDS OF SAID COUNTY, AND BEING A PORTION OF THAT CERTAIN EASEMENT, 25 FEET WIDE, 12.50 FEET ON EITHER SIDE, AS DESCRIBED IN A DEED RECORDED IN BOOK 5746, PAGE 657,

OFFICIAL RECORDS OF SAID COUNTY, THE CENTERLINE OF SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 47;

THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT NORTH
72°01’03” WEST A DISTANCE OF 16.77 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 26°33’54”
WEST A DISTANCE OF 117.65 FEET TO THE SOUTHERLY LINE OF SAID LOT 44 AND THE END OF THIS DESCRIPTION.

THE SIDELINES OF THIS PORTION, 12.50 FEET ON EITHER SIDE OF THE

ABOVE-DESCRIBED CENTERLINE, ARE TO EXTEND OR SHORTEN AT THE BOUNDARIES OF SAID LOT 47.

CONTAINING AN AREA OF 2,943 SQUARE FEET, MORE OR LESS.
299
A PLAT OF THIS DESCRIPTION ALL AS SHOWN ON EXHIBIT “B”

ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART
HEREOF.

SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAY AND
EASEMENTS OF RECORD.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY
DIRECTION IN CONFORMANCE WITH THE LAND SURVEYOR’S ACT.

Prepared By
NV5, Inc.
________________________ 03-25-2025
J Braley, L.S. 8446 Date
300

CROWN VALLEY PARKWAY
TPOB
POC

LAS COLINAS COURT

SOUTH COAST WATER DISTRICT

QUITCLAIM WATER LINE EASEMENT PLAT
APN: 659-042-04
PREPARED FOR: SCWD DATE SUBMITTED:

EXHIBIT "B"
48 659-042-05
47 659-042-04
46 659-042-03
50 659-042-07 49
659-042-06
03/25/2025 22-0001395.06301

FEE WAIVED
PER GOV. CODE §§ 6103 AND 27383

MAIL TAX STATEMENTS AS DIRECTED ABOVE
4929-6381-4997 v1
RECORDING REQUESTED BY:

South Coast Water District,
a public agency

MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:

Samuel Sippl and Kim Sippl
30621 Paseo Del Valle
Laguna Niguel, CA 92677
Order No.:

Escrow No.:

APN: 659-042-06 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $_0.00_________________________ _____ Computed on full value of property conveyed, or
_____ Computed on full value less liens and encumbrances remaining at time of sale. _____ Unincorporated area _____ City of _______________________________ For valuable consideration, receipt and sufficiency of which is hereby acknowledged, (1) South Coast Water District, a local public agency organized and operating pursuant to Division 12 of the California Water Code (section 30000 et seq.) and its successors and assigns; (2) Moulton Niguel Water District, a California Water District organized and operating pursuant to Division 12 of the California Water Code (Section 30000 et seq.) and its successors and assigns; and (3) City of San Clemente, a municipal corporation and its successors and assigns ((1)-(3) are collectively referred to herein as “Grantors”) hereby REMISE(S), RELEASE(S) AND QUITCLAIM(S) to SAMUEL SIPPL AND KIM SIPPL and his/her/its/their successors and assigns (“Grantee”), that certain portion of easement located in the County of Orange, State of California, as more particularly described in that certain Easement recorded as Instrument No. OR5746-657 of the Official Records of the County of Orange, on June 7, 1961 (the “Easement”), together with the pipeline and appurtenances to such pipeline that are located within, upon, under, over or across such Easement and that certain portion of real property (collectively the “Property”) situated in the County of Orange, State of California, which portions are more particularly described in Exhibit “A” and depicted in Exhibit “B” attached hereto and fully incorporated herein.

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM

OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Grantee’s Initials: _____________
The covenants in this Quitclaim Deed shall run with the land and shall be binding upon and inure to the benefit of Grantors, Grantee, and their respective heirs, administrators, personal representatives, executors, 302
4929-6381-4997 v1
devisees, successors and assigns, with the understanding that the indemnification and liability protections in favor of Grantors shall survive the conveyance of the Property.

SOUTH COAST WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:__________________________________________ Rick Shintaku
General Manager
MOULTON NIGUEL WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:________________________________________ Joone Lopez
General Manager
CITY OF SAN CLEMENTE (“Grantor”)
Dated: ___________________________ by:________________________________________ Andy Hall
City Manager
PROPERTY OWNER (“Grantee”)
Dated: ___________________________ ___________________________________________ Samuel Sippl
Grantee
Dated: ___________________________ ___________________________________________ Kim Sippl
Grantee
303
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
304
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
305
EXHIBIT “A”

LEGAL DESCRIPTION

QUITCLAIM OF EASEMENT
APN: 659-042-06

SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND BEING A PORTION OF LOT 49 OF TRACT NO. 5182 PER MAP FILED IN BOOK 187 OF MISCELLANEOUS MAPS, PAGES 33 THROUGH 35

INCLUSIVE, RECORDS OF SAID COUNTY, AND BEING A PORTION OF THAT CERTAIN EASEMENT, 25 FEET WIDE, 12.50 FEET ON EITHER SIDE, AS DESCRIBED IN A DEED RECORDED IN BOOK 5746, PAGE 657,

OFFICIAL RECORDS OF SAID COUNTY, THE CENTERLINE OF SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHERLY CORNER OF SAID LOT 49;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT SOUTH 62°19’59” WEST A DISTANCE OF 12.50 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE LEAVING SAID NORTHERLY LINE SOUTH 26°33’54” WEST A DISTANCE OF 32.76 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY WITH A RADIUS OF 1500.00 FEET;

THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
03°57’29” AND AN ARC DISTANCE OF 103.62 FEET TO THE
SOUTHWESTERLY LINE OF SAID LOT 49, SAID POINT BEING ON A CURVE, CONCAVE SOUTHWESTERLY WITH A RADIUS OF 226.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 26°39’06” EAST AND THE END OF THIS DESCRIPTION.

THE SIDELINES OF THIS PORTION, 12.50 FEET ON EITHER SIDE OF THE

ABOVE-DESCRIBED CENTERLINE, ARE TO EXTEND OR SHORTEN AT THE BOUNDARIES OF SAID LOT 49.

CONTAINING AN AREA OF 3,412 SQUARE FEET, MORE OR LESS.
306
A PLAT OF THIS DESCRIPTION ALL AS SHOWN ON EXHIBIT “B”

ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART
HEREOF.

SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAY AND
EASEMENTS OF RECORD.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY
DIRECTION IN CONFORMANCE WITH THE LAND SURVEYOR’S ACT.

Prepared By
NV5, Inc.
________________________ 03-25-2025
J Braley, L.S. 8446 Date
307

PASEO DEL VALLE

POC CROWN VALLEY PARKWAY
TPOB
L6
L7

PASEO DEL NIGUEL

SOUTH COAST WATER DISTRICT

QUITCLAIM WATER LINE EASEMENT PLAT
APN: 659-042-06
PREPARED FOR: SCWD DATE SUBMITTED:

EXHIBIT "B"
48 659-042-05
49 659-042-06
47 659-042-04
50 659-042-07
03/25/2025 22-0001395.06308

FEE WAIVED
PER GOV. CODE §§ 6103 AND 27383

MAIL TAX STATEMENTS AS DIRECTED ABOVE
4929-6381-4997 v1
RECORDING REQUESTED BY:

South Coast Water District,
a public agency

MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:

James M. Fontaine and
Tina G. Fontaine
30631 Paseo Del Niguel
Laguna Niguel, CA 92677
Order No.:

Escrow No.:

APN: 659-043-01 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $_0.00_________________________ _____ Computed on full value of property conveyed, or
_____ Computed on full value less liens and encumbrances remaining at time of sale. _____ Unincorporated area _____ City of _______________________________ For valuable consideration, receipt and sufficiency of which is hereby acknowledged, (1) South Coast Water District, a local public agency organized and operating pursuant to Division 12 of the California Water Code (section 30000 et seq.) and its successors and assigns; (2) Moulton Niguel Water District, a California Water District organized and operating pursuant to Division 12 of the California Water Code (Section 30000 et seq.) and its successors and assigns; and (3) City of San Clemente, a municipal corporation and its successors and assigns ((1)-(3) are collectively referred to herein as “Grantors”) hereby REMISE(S), RELEASE(S) AND QUITCLAIM(S) to JAMES M. FONTAINE AND TINA G. FONTAINE AS CO-TRUSTEES OF THE FONTAINE FAMILY TRUST UIA DATED APRIL 18, 2016, and his/her/its/their successors and assigns (“Grantee”), that certain portion of easement located in the County of Orange, State of California, as more particularly described in that certain Easement recorded as Instrument No. OR5746-657 of the Official Records of the County of Orange, on June 7, 1961 (the “Easement”), together with the pipeline and appurtenances to such pipeline that are located within, upon, under, over or across such Easement and that certain portion of real property (collectively the “Property”) situated in the County of Orange, State of California, which portions are more particularly described in Exhibit “A” and depicted in Exhibit “B” attached hereto and fully incorporated herein.

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM

OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Grantee’s Initials: _____________
309
4929-6381-4997 v1
The covenants in this Quitclaim Deed shall run with the land and shall be binding upon and inure to the benefit of Grantors, Grantee, and their respective heirs, administrators, personal representatives, executors, devisees, successors and assigns, with the understanding that the indemnification and liability protections in favor of Grantors shall survive the conveyance of the Property.

SOUTH COAST WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:__________________________________________ Rick Shintaku
General Manager
MOULTON NIGUEL WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:________________________________________ Joone Lopez
General Manager
CITY OF SAN CLEMENTE (“Grantor”)
Dated: ___________________________ by:________________________________________ Andy Hall
City Manager
PROPERTY OWNER (“Grantee”)
Dated: ___________________________ ___________________________________________ James M. Fontaine
Grantee
Dated: ___________________________ ___________________________________________ Tina G. Fontaine
Grantee
310
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
311
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
312
EXHIBIT “A”

LEGAL DESCRIPTION

QUITCLAIM OF EASEMENT
APN: 659-043-01

SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND BEING A PORTION OF LOT 1 OF TRACT NO. 5182 PER MAP FILED IN BOOK 187 OF MISCELLANEOUS MAPS, PAGES 33 THROUGH 35

INCLUSIVE, RECORDS OF SAID COUNTY, AND BEING A PORTION OF THAT CERTAIN EASEMENT, 25 FEET WIDE, 12.50 FEET ON EITHER SIDE, AS DESCRIBED IN A DEED RECORDED IN BOOK 5746, PAGE 657,

OFFICIAL RECORDS OF SAID COUNTY, THE CENTERLINE OF SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 1,

BEING A POINT ON A TANGENT CURVE, CONCAVE EASTERLY WITH A RADIUS OF 1448.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 89°36’28” EAST; THENCE LEAVING SAID CURVE AND ALONG THE SOUTHERLY LINE OF SAID LOT 1 NORTH 83°32’28” EAST A DISTANCE OF 49.38 FEET TO THE TRUE POINT OF BEGINNING, SAID

POINT BEING A POINT ON A TANGENT CURVE, CONCAVE
SOUTHEASTERLY WITH A RADIUS OF 1500.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 74°46’12” WEST;

THENCE LEAVING SAID SOUTHERLY LINE AND NORTHERLY ALONG
SAID 1500.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 05°22’50” AND AN ARC DISTANCE OF 140.86 FEET TO THE NORTHERLY LINE OF SAID LOT 1, BEING A POINT ON A TANGENT CURVE,
CONCAVE SOUTHWESTERLY WITH A RADIUS OF 174.00 FEET, A

RADIAL LINE TO SAID LAST MENTIONED CURVE BEARS NORTH
28°09’53” EAST, AND BEING THE END OF THIS DESCRIPTION.

THE SIDELINES OF THIS PORTION, 12.50 FEET ON EITHER SIDE OF THE

ABOVE-DESCRIBED CENTERLINE, ARE TO EXTEND OR SHORTEN AT THE BOUNDARIES OF SAID LOT 1.

CONTAINING AN AREA OF 3,518 SQUARE FEET, MORE OR LESS.
313
A PLAT OF THIS DESCRIPTION ALL AS SHOWN ON EXHIBIT “B”

ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART
HEREOF.

SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAY AND
EASEMENTS OF RECORD.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY
DIRECTION IN CONFORMANCE WITH THE LAND SURVEYOR’S ACT.

Prepared By
NV5, Inc.
________________________ 03-25-2025
J Braley, L.S. 8446 Date
314

PASEO DEL VALLE

POC CROWN VALLEY PARKWAY
TPOB

PASEO DEL NIGUEL

SOUTH COAST WATER DISTRICT

QUITCLAIM WATER LINE EASEMENT PLAT
APN: 659-043-01
PREPARED FOR: SCWD DATE SUBMITTED:

EXHIBIT "B"
2 659-043-02
1 659-043-01
03/25/2025 22-0001395.06315

FEE WAIVED
PER GOV. CODE §§ 6103 AND 27383

MAIL TAX STATEMENTS AS DIRECTED ABOVE
4929-6381-4997 v1
RECORDING REQUESTED BY:

South Coast Water District,
a public agency

MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:

Gary T. Ward
30661 Paseo Del Niguel
Laguna Niguel, CA 92677
Order No.:

Escrow No.:

APN: 659-043-02 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $_0.00_________________________ _____ Computed on full value of property conveyed, or
_____ Computed on full value less liens and encumbrances remaining at time of sale. _____ Unincorporated area _____ City of _______________________________ For valuable consideration, receipt and sufficiency of which is hereby acknowledged, (1) South Coast Water District, a local public agency organized and operating pursuant to Division 12 of the California Water Code (section 30000 et seq.) and its successors and assigns; (2) Moulton Niguel Water District, a California Water District organized and operating pursuant to Division 12 of the California Water Code (Section 30000 et seq.) and its successors and assigns; and (3) City of San Clemente, a municipal corporation and its successors and assigns ((1)-(3) are collectively referred to herein as “Grantors”) hereby REMISE(S), RELEASE(S) AND QUITCLAIM(S) to GARY T. WARD AS TRUSTEE OF THE GARY T. WARD TRUST DATED NOVEMBER 18, 2021, and his/her/its/their successors and assigns (“Grantee”), that certain portion of easement located in the County of Orange, State of California, as more particularly described in that certain Easement recorded as Instrument No. OR5746-657 of the Official Records of the County of Orange, on June 7, 1961 (the “Easement”), together with the pipeline and appurtenances to such pipeline that are located within, upon, under, over or across such Easement and that certain portion of real property (collectively the “Property”) situated in the County of Orange, State of California, which portions are more particularly described in Exhibit “A” and depicted in Exhibit “B” attached hereto and fully incorporated herein.

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM

OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Grantee’s Initials: _____________
The covenants in this Quitclaim Deed shall run with the land and shall be binding upon and inure to the benefit of Grantors, Grantee, and their respective heirs, administrators, personal representatives, executors, 316
4929-6381-4997 v1
devisees, successors and assigns, with the understanding that the indemnification and liability protections in favor of Grantors shall survive the conveyance of the Property.

SOUTH COAST WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:__________________________________________ Rick Shintaku
General Manager
MOULTON NIGUEL WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:________________________________________ Joone Lopez
General Manager
CITY OF SAN CLEMENTE (“Grantor”)
Dated: ___________________________ by:________________________________________ Andy Hall
City Manager
PROPERTY OWNER (“Grantee”)
Dated: ___________________________ ___________________________________________ Gary T. Ward
Grantee
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
317
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
318
EXHIBIT “A”

LEGAL DESCRIPTION

QUITCLAIM OF EASEMENT
APN: 659-043-02

SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND BEING A PORTION OF LOT 2 OF TRACT NO. 5182 PER MAP FILED IN BOOK 187 OF MISCELLANEOUS MAPS, PAGES 33 THROUGH 35

INCLUSIVE, RECORDS OF SAID COUNTY, AND BEING A PORTION OF THAT CERTAIN EASEMENT, 25 FEET WIDE, 12.50 FEET ON EITHER SIDE, AS DESCRIBED IN A DEED RECORDED IN BOOK 5746, PAGE 657,

OFFICIAL RECORDS OF SAID COUNTY, THE CENTERLINE OF SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 2,

BEING A POINT ON A TANGENT CURVE, CONCAVE EASTERLY WITH A RADIUS OF 1448.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 89°36’28” EAST; THENCE LEAVING SAID CURVE AND ALONG THE NORTHERLY LINE OF SAID LOT 2 NORTH 83°32’28” EAST A DISTANCE OF 49.38 FEET TO THE TRUE POINT OF BEGINNING, SAID

POINT BEING A POINT ON A TANGENT CURVE, CONCAVE
SOUTHEASTERLY WITH A RADIUS OF 1500.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 74°46’12” WEST;

THENCE LEAVING SAID NORTHERLY LINE AND SOUTHERLY ALONG
SAID 1500.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 03°58’18” AND AN ARC DISTANCE OF 103.98 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 2, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 78°44’30” WEST, AND BEING THE END OF THIS DESCRIPTION.

THE SIDELINES OF THIS PORTION, 12.50 FEET ON EITHER SIDE OF THE

ABOVE-DESCRIBED CENTERLINE, ARE TO EXTEND OR SHORTEN AT THE BOUNDARIES OF SAID LOT 2.

CONTAINING AN AREA OF 2,599 SQUARE FEET, MORE OR LESS.
319
A PLAT OF THIS DESCRIPTION ALL AS SHOWN ON EXHIBIT “B”

ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART
HEREOF.

SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAY AND
EASEMENTS OF RECORD.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY
DIRECTION IN CONFORMANCE WITH THE LAND SURVEYOR’S ACT.

Prepared By
NV5, Inc.
________________________ 03-25-2025
J Braley, L.S. 8446 Date
320
POC

CROWN VALLEY PARKWAY
TPOB

PASEO DEL NIGUEL

SOUTH COAST WATER DISTRICT

QUITCLAIM WATER LINE EASEMENT PLAT
APN: 659-043-02
PREPARED FOR: SCWD DATE SUBMITTED:

EXHIBIT "B"
2 659-043-02
1 659-043-01
3 659-043-03
03/25/2025 22-0001395.06321

FEE WAIVED
PER GOV. CODE §§ 6103 AND 27383

MAIL TAX STATEMENTS AS DIRECTED ABOVE
4929-6381-4997 v1
RECORDING REQUESTED BY:

South Coast Water District,
a public agency

MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:

Rebecca Steele Schwartz and
Robert B. Schwartz
30671 Paseo Del Niguel
Laguna Niguel, CA 92677
Order No.:

Escrow No.:

APN: 659-043-03 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $_0.00_________________________ _____ Computed on full value of property conveyed, or
_____ Computed on full value less liens and encumbrances remaining at time of sale. _____ Unincorporated area _____ City of _______________________________ For valuable consideration, receipt and sufficiency of which is hereby acknowledged, (1) South Coast Water District, a local public agency organized and operating pursuant to Division 12 of the California Water Code (section 30000 et seq.) and its successors and assigns; (2) Moulton Niguel Water District, a California Water District organized and operating pursuant to Division 12 of the California Water Code (Section 30000 et seq.) and its successors and assigns; and (3) City of San Clemente, a municipal corporation and its successors and assigns ((1)-(3) are collectively referred to herein as “Grantors”) hereby REMISE(S), RELEASE(S) AND QUITCLAIM(S) to REBECCA STEELE SCHWARTZ AND ROBERT B. SCHWARTZ and his/her/its/their successors and assigns (“Grantee”), that certain portion of easement located in the County of Orange, State of California, as more particularly described in that certain Easement recorded as Instrument No. OR5746- 657 of the Official Records of the County of Orange, on June 7, 1961 (the “Easement”), together with the pipeline and appurtenances to such pipeline that are located within, upon, under, over or across such Easement and that certain portion of real property (collectively the “Property”) situated in the County of Orange, State of California, which portions are more particularly described in Exhibit “A” and depicted in Exhibit “B” attached hereto and fully incorporated herein.

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM

OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Grantee’s Initials: _____________
The covenants in this Quitclaim Deed shall run with the land and shall be binding upon and inure to the benefit of Grantors, Grantee, and their respective heirs, administrators, personal representatives, executors, 322
4929-6381-4997 v1
devisees, successors and assigns, with the understanding that the indemnification and liability protections in favor of Grantors shall survive the conveyance of the Property.

SOUTH COAST WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:__________________________________________ Rick Shintaku
General Manager
MOULTON NIGUEL WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:________________________________________ Joone Lopez
General Manager
CITY OF SAN CLEMENTE (“Grantor”)
Dated: ___________________________ by:________________________________________ Andy Hall
City Manager
PROPERTY OWNER (“Grantee”)
Dated: ___________________________ ___________________________________________ Rebecca Steele Schwartz
Grantee
Dated: ___________________________ ___________________________________________ Robert B. Schwartz
Grantee
323
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
324
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
325
EXHIBIT “A”

LEGAL DESCRIPTION

QUITCLAIM OF EASEMENT
APN: 659-043-03

SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND BEING A PORTION OF LOT 3 OF TRACT NO. 5182 PER MAP FILED IN BOOK 187 OF MISCELLANEOUS MAPS, PAGES 33 THROUGH 35

INCLUSIVE, RECORDS OF SAID COUNTY, AND BEING A PORTION OF THAT CERTAIN EASEMENT, 25 FEET WIDE, 12.50 FEET ON EITHER SIDE, AS DESCRIBED IN A DEED RECORDED IN BOOK 5746, PAGE 657,

OFFICIAL RECORDS OF SAID COUNTY, THE CENTERLINE OF SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 3,

BEING A POINT ON A TANGENT CURVE, CONCAVE EASTERLY WITH A RADIUS OF 1448.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 85°43’28” WEST; THENCE LEAVING SAID CURVE AND ALONG THE NORTHERLY LINE OF SAID LOT 3 NORTH 83°32’28” EAST A DISTANCE OF 21.39 FEET TO THE TRUE POINT OF BEGINNING, SAID

POINT BEING A POINT ON A TANGENT CURVE, CONCAVE
SOUTHEASTERLY WITH A RADIUS OF 1500.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 78°44’30” WEST;

THENCE LEAVING SAID NORTHERLY LINE AND SOUTHERLY ALONG
SAID 1500.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 03°04’34” AND AN ARC DISTANCE OF 80.53 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 3, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 81°49’04” WEST, ALSO BEING THE END OF THIS DESCRIPTION.

THE SIDELINES OF THIS PORTION, 12.50 FEET ON EITHER SIDE OF THE

ABOVE-DESCRIBED CENTERLINE, ARE TO EXTEND OR SHORTEN AT THE BOUNDARIES OF SAID LOT 3.

CONTAINING AN AREA OF 1,905 SQUARE FEET, MORE OR LESS.
326
A PLAT OF THIS DESCRIPTION ALL AS SHOWN ON EXHIBIT “B”

ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART
HEREOF.

SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAY AND
EASEMENTS OF RECORD.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY
DIRECTION IN CONFORMANCE WITH THE LAND SURVEYOR’S ACT.

Prepared By
NV5, Inc.
________________________ 03-25-2025
J Braley, L.S. 8446 Date
327
POC

CROWN VALLEY PARKWAY
TPOB

PASEO DEL NIGUEL

SOUTH COAST WATER DISTRICT

QUITCLAIM WATER LINE EASEMENT PLAT
APN: 659-043-03
PREPARED FOR: SCWD DATE SUBMITTED:

EXHIBIT "B"
2 659-043-02
1 659-043-01
3 659-043-03
4 659-043-04
03/25/2025 22-0001395.06328

FEE WAIVED
PER GOV. CODE §§ 6103 AND 27383

MAIL TAX STATEMENTS AS DIRECTED ABOVE
4929-6381-4997 v1
RECORDING REQUESTED BY:

South Coast Water District,
a public agency

MAIL TAX STATEMENTS AND
WHEN RECORDED MAIL TO:

Jamie Leavitt and Jason Leavitt
30691 Paseo Del Niguel
Laguna Niguel, CA 92677
Order No.:

Escrow No.:

APN: 659-043-04 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $_0.00_________________________ _____ Computed on full value of property conveyed, or
_____ Computed on full value less liens and encumbrances remaining at time of sale. _____ Unincorporated area _____ City of _______________________________ For valuable consideration, receipt and sufficiency of which is hereby acknowledged, (1) South Coast Water District, a local public agency organized and operating pursuant to Division 12 of the California Water Code (section 30000 et seq.) and its successors and assigns; (2) Moulton Niguel Water District, a California Water District organized and operating pursuant to Division 12 of the California Water Code (Section 30000 et seq.) and its successors and assigns; and (3) City of San Clemente, a municipal corporation and its successors and assigns ((1)-(3) are collectively referred to herein as “Grantors”) hereby REMISE(S), RELEASE(S) AND QUITCLAIM(S) to JAMIE LEAVITT AND JASON LEAVITT and his/her/its/their successors and assigns (“Grantee”), that certain portion of easement located in the County of Orange, State of California, as more particularly described in that certain Easement recorded as Instrument No. OR5746-657 of the Official Records of the County of Orange, on June 7, 1961 (the “Easement”), together with the pipeline and appurtenances to such pipeline that are located within, upon, under, over or across such Easement and that certain portion of real property (collectively the “Property”) situated in the County of Orange, State of California, which portions are more particularly described in Exhibit “A” and depicted in Exhibit “B” attached hereto and fully incorporated herein.

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM

OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Grantee’s Initials: _____________
The covenants in this Quitclaim Deed shall run with the land and shall be binding upon and inure to the benefit of Grantors, Grantee, and their respective heirs, administrators, personal representatives, executors, 329
4929-6381-4997 v1
devisees, successors and assigns, with the understanding that the indemnification and liability protections in favor of Grantors shall survive the conveyance of the Property.

SOUTH COAST WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:__________________________________________ Rick Shintaku
General Manager
MOULTON NIGUEL WATER DISTRICT (“Grantor”)
Dated: ___________________________ by:________________________________________ Joone Lopez
General Manager
CITY OF SAN CLEMENTE (“Grantor”)
Dated: ___________________________ by:________________________________________ Andy Hall
City Manager
PROPERTY OWNER (“Grantee”)
Dated: ___________________________ ___________________________________________ Jamie Leavitt
Grantee
Dated: ___________________________ ___________________________________________ Jason Leavitt
Grantee
330
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
331
4929-6381-4997 v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_________________________________________
332
EXHIBIT “A”

LEGAL DESCRIPTION

QUITCLAIM OF EASEMENT
APN: 659-043-04

SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND BEING A PORTION OF LOT 4 OF TRACT NO. 5182 PER MAP FILED IN BOOK 187 OF MISCELLANEOUS MAPS, PAGES 33 THROUGH 35

INCLUSIVE, RECORDS OF SAID COUNTY, AND BEING A PORTION OF THAT CERTAIN EASEMENT, 25 FEET WIDE, 12.50 FEET ON EITHER SIDE, AS DESCRIBED IN A DEED RECORDED IN BOOK 5746, PAGE 657,

OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 4;
THENCE ALONG THE NORTHERLY LINE OF SAID LOT NORTH 83°32’28” EAST A DISTANCE OF 7.96 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE SOUTHEASTERLY WITH A RADIUS OF 1487.50 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 82°27’42” WEST;

THENCE LEAVING SAID NORTHERLY LINE AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01°19’47” AND AN ARC DISTANCE OF 34.52 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 4, A RADIAL LINE TO SAID POINT BEARS NORTH 83°47’28” WEST;
THENCE ALONG SAID WESTERLY LINE NORTH 06°27’32” WEST A
DISTANCE OF 33.59 FEET TO THE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION.

CONTAINING AN AREA OF 131 SQUARE FEET, MORE OR LESS.
333
A PLAT OF THIS DESCRIPTION ALL AS SHOWN ON EXHIBIT “B”

ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART
HEREOF.

SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAY AND
EASEMENTS OF RECORD.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY
DIRECTION IN CONFORMANCE WITH THE LAND SURVEYOR’S ACT.

Prepared By
NV5, Inc.
________________________ 03-25-2025
J Braley, L.S. 8446 Date
334

CROWN VALLEY PARKWAY

PASEO DEL NIGUEL
POB
L8
L9

SOUTH COAST WATER DISTRICT

QUITCLAIM WATER LINE EASEMENT PLAT
APN: 659-043-04
PREPARED FOR: SCWD DATE SUBMITTED:

EXHIBIT "B"
4 659-043-04
3 659-043-03
5 659-043-05
03/25/2025 22-0001395.06335
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: December 9, 2025 Agenda Item: 11I.

Submitted By: Public Works
Prepared By: Amir K. Ilkhanipour, P.E., Principal Civil Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A PROFESSIONAL CONSULTANT

SERVICES AGREEMENT WITH AKM CONSULTING ENGINEERS FOR THE ENGINEERING

CONSTRUCTION SUPPORT SERVICES DURING CONSTRUCTION FOR THE CALLE REAL PUMP STATION REHABILITATION, CIP PROJECT NO. 19516, AUTHORIZING THE CITY

MANAGER TO EXECUTE THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT, IN AN AMOUNT NOT TO EXCEED $143,960 ..body
Fiscal Impact:

This expenditure of $143,960 is within the available approved budget amount of $5,084,161 from the Water Fund Depreciation Reserve, Calle Real Pump Station Rehabilitation, Account Number 052-466-45300-000-19516.

Summary:

The City Council is being asked to consider approval of a resolution (Attachment 1) awarding and authorizing the execution of a Professional Consultant Services Agreement with AKM Consulting Engineers for Engineering Construction Support Services consisting of responses to request for information from the contractor (RFI’s), review of submittals, site visits, startup, observations and preparation of record drawings during the upcoming construction of the Calle Real Pump Station Rehabilitation.

Background:

The Calle Real Pump Station was constructed in the early 1960’s and is in need of upgrades. The proposed upgrades will allow the City to efficiently abandon the existing Reservoir 6, which has reached the end of its useful life. In addition, the pump station will be upgraded to pump to Reservoir 10, providing system redundancy to both the Calle Real and Reservoir 10 zones. 336
Meeting Date: December 9, 2025 Agenda Item: 11I.

CITY OF SAN CLEMENTE 2
On November 4, 2025, the City Council awarded a construction contract to RE Chaffee Inc. (Attachment 2) to perform the rehabilitation construction for this pump station. The duration of the construction is 300 working days with an allowance of 60 working days prior to construction for submittals and material procurement.

AKM Consulting Engineers (AKM) was the design engineer for the Project. Staff requested proposals from AKM, PACE, BKF Engineers and MBF Consulting, Inc. for the engineering construction support services during the construction of the Project. Only AKM provided a proposal in the amount of $143,960. The other three firms declined to provide proposals and generally stated that the Engineer of Record (ER) should only provide these services during construction, ensuring the professional design intentions that were incorporated into the plans and specifications are integrated into the work being performed by the contractor in the field and staff agrees.

AKM’s proposed scope of work includes meetings, responses to RFI’s, review of submittals, site visits and observations, and preparation of record drawings upon completion of construction. Staff reviewed the proposal and recommends awarding a Professional Consultant Services Agreement to AKM Consulting Engineers to provide the Engineering Construction Support Services during construction of the Project.

Council Options:
 Adopt Resolution No. 25-195 (Attachment 1), awarding the Calle Real Pump Station Engineering Construction Support Services Professional Consultant Services Agreement to AKM Consulting Engineer; and authorizing the City Manager to execute a Professional Consultant Services Agreement, in an amount not to exceed $143,960.  Modify and adopt Resolution No. 25-195.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 25-195 and put the project on hold.

Environmental Review/Analysis:

This Project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 of the State CEQA Guidelines, Section 15302 – Replacement of Existing Facilities, since it consists of replacement and updating the existing components of the Station within the same site and having substantially the same purpose and functionality. The notice of exemption was filed with the County of Orange on September 18, 2025.

Recommended Actions:

Staff recommends that the City Council adopt Resolution No. 25-195, which will:

1. Award a Professional Consultant Services Agreement to AKM Consulting Engineers, for the Engineering Construction Support Services for the Calle Real Pump Station Rehabilitation, CIP Project No. 19516; and
337
Meeting Date: December 9, 2025 Agenda Item: 11I.

CITY OF SAN CLEMENTE 3

2. Authorize the City Manager to execute a Professional Consultant Services Agreement with AKM Consulting Engineers, in an amount not to exceed $143,960, in a form substantially similar to Contract No. C25-62 (Attachment 3) for the Calle Real Pump Station Rehabilitation, CIP Project No. 19516.
..recommendation
..end
Attachments:

1. Resolution No. 25-195

2. Staff Report to award a contract to RE Chaffee Construction Inc.

3. Professional Consulting Services Agreement Contract No. C25-62 Notification:

None.
338
Attachment 1
RESOLUTION NO. 25-195

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

TO AKM CONSULTING ENGINEERS FOR THE

ENGINEERING CONSTRUCTION SUPPORT SERVICES

DURING CONSTRUCTION OF THE CALLE REAL PUMP
STATION REHABILITATION, CIP PROJECT NO. 19516,

AND AUTHORIZING THE CITY MANAGER TO EXECUTE

THE PROFESSIONAL CONSULTANT SERVICES

AGREEMENT, IN AN AMOUNT OF NOT TO EXCEED
$143,960
WHEREAS, the Calle Real Pump Station was constructed in the early 1960’s and is in need of upgrades which will allow the City to efficiently abandon the existing Reservoir 6 which has reached the end of its useful life; and WHEREAS, on November 4, 2025, the City Council awarded a construction contract to RE Chaffee Construction Inc. to perform the construction rehabilitation needed for the Calle Real Pump Station, CIP Project No. 19516 (Project); and WHEREAS, AKM Consulting Engineers (AKM) were the design engineers for the Project; and
WHEREAS, staff requested proposals from AKM, PACE, BKF Engineers and MBF Consulting, Inc. for the engineering construction support services during construction of the Project. Only AKM provided a proposal in the amount of not to exceed $143,960, which is a fair and reasonable price; and
WHEREAS, the Project was previously found to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 of the State CEQA Guidelines, Section 15302 – Replacement of Existing Facilities, since it consists of replacement and updating the existing components of the Station within the same site and having substantially the same purpose and functionality. The notice of exemption was filed with the County of Orange on September 18, 2025; and WHEREAS, Staff reviewed the proposal from AKM and recommends awarding a Professional Consultant Services Agreement to AKM Consulting Engineers to provide the Engineering Construction Support Services during construction of the Project.

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

SECTION 1. Recitals. The above recitals are considered findings by the City Council and incorporated fully into the body of this resolution. 339
Resolution No. 25-195 Page 2
SECTION 2. That a Professional Consultant Services Agreement is hereby awarded to AKM Consulting Engineers to provide Engineering Construction Support Services during construction for the Project.

SECTION 3. That the City Manager is hereby authorized and directed to execute a Professional Consultant Services Agreement with AKM Consulting Engineers, in an amount not to exceed $143,960, in a form substantially similar to Contract No. C25-XX presented to the City Council on December 9, 2025.

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

PASSED AND ADOPTED this day of , 2025.

ATTEST:

City Clerk of the City of Mayor of the City of
San Clemente, California San Clemente, California
340
Resolution No. 25-195 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. 25-195 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
341
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: November 4, 2025 Agenda Item: 11F.

Submitted By: Public Works
Prepared By: Amir K. Ilkhanipour, P.E., Principal Civil Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO RE CHAFEE CONSTRUCTION, INC. FOR THE CALLE REAL PUMP STATION REHABILITATION, CIP PROJECT NO. 19516, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT WITH RE CHAFEE CONSTRUCTION, INC. IN THE AMOUNT OF NOT TO EXCEED $2,528,600, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ..body ENVIRONMENTAL QUALITY ACT
Fiscal Impact:

The estimated total construction cost of $2,988,600 is within the approved budget amount of $5,066,700, from Account No. 052-466-45300-000-19516, Calle Real Pump Station, Water Fund Depreciation Reserve.

Summary:

Before the City Council is the award of a construction contract to RE Chafee Construction, Inc. (Attachment 2) for the Calle Real Pump Station Rehabilitation, in an amount not to exceed $2,528,600.

The pump station was constructed in the early 1960s and is in need of upgrades. This project will also allow the City to efficiently abandon Reservoir 6 which has reached the end of its useful life and connect to Reservoir 10 which will allow for increased redundancy within the two service zones.

Background:

The Calle Real Pump Station (Station) was constructed in the early 1960s and is in need of upgrades. The proposed upgrades will allow the City to efficiently abandon the existing Reservoir 6, which has reached the end of its useful life. The City has already completed the construction of the interconnecting 12-inch water pipeline from Reservoir 10 to the Calle Real Pump Station to 1 RAMBLAS

PROJECT SITE
Attachment 2
342
Meeting Date: November 4, 2025 Agenda Item: 11F.

CITY OF SAN CLEMENTE
bypass Reservoir 6. These upgrades will improve the system reliability in both the Reservoir 6 and 10 zones by providing an interconnection between the systems.

The project includes removal and replacement of the existing mechanical and electrical equipment, upgrade electrical service to the site, new vertical turbine pumps, suction and discharge piping, valves, new instrumentation, architectural improvements to the building structure, and commissioning.

City staff prepared a bid package for the rehabilitation project, contacted local contractors and advertised the project for competitive bidding on the PlanetBids website and in the San Clemente Times. Seven bids were received on September 26, 2025, ranging from $2,528,600 to $3,829,038, as shown on the table below. No local contractors provided a bid. The lowest responsive and responsible bidder is RE Chaffee Construction, Inc.

Vendor Name City Bid
Amount
RE Chaffee Construction, Inc. Wrightwood $2,528,600
Big Ben Engineering Irvine $2,583,701
US Builders & Consultants, Inc. Irvine $2,744,800
Mmc, Inc. La Palma $2,814,000
HPS Mechanical, Inc. Bakersfield $3,201,870
GMZ Engineering, Inc. Westlake Village $3,418,800
Houalla Enterprises, Ltd. Newport Beach $3,829,038
Staff is in the process of preparing requests for proposals (RFP) for engineering construction support services during construction, and construction management and inspection services for the project. Upon selection of consultants for these tasks, staff will return to the City Council for 2 -~
~ ~ . rt __ __ ___ f

I ,,, I

PROPOSED IIIPROVEIIENTS EAST ELEVA I/ON
343
Meeting Date: November 4, 2025 Agenda Item: 11F.

CITY OF SAN CLEMENTE
award recommendations at a later time. As for placeholders, $140,000 and $320,000, respectively, is considered in the estimated construction costs.

Based on the lowest bid from RE Chaffee Construction, Inc., and other construction costs, the total estimated project construction cost is summarized below.

Construction Support Services by a Consultant $ 140,000 Construction Management and Inspection 320,000
Construction Contract 2,528,600
Total Estimated Construction Costs $2,988,600
As required by state law and City policy, the contractor, RE Chaffee Construction, Inc., will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 2). Project plans and specifications are on file in the City Clerk’s office.

Council Options:
 Adopt Resolution No. 25-170 (Attachment 1), awarding a construction contract to RE Chaffee Construction, Inc. for construction of Calle Real Pump Station Rehabilitation and authorizing the City Manager to execute a construction contract in an amount of not to exceed $2,528,600, and finding the project categorically exempt from CEQA.  Modify and adopt Resolution No. 25-170.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 25-170 and put the project on hold.

Environmental Review/Analysis:

This project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 of the State CEQA Guidelines, Section 15302 – Replacement of Existing Facilities, since it consists of replacement and updating the existing components of the Station within the same site and having substantially the same purpose and functionality.

Recommended Actions:

Staff recommends that the City Council adopt Resolution No. 25-170, which will:
..recommendation

1. Find the Calle Real Pump Station Rehabilitation, CIP Project No. 19516, categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 of the State CEQA Guidelines, Section15302;

2. Award the Calle Real Pump Station Rehabilitation, CIP Project No. 19516, construction contract to RE Chaffee Construction, Inc. as the lowest responsible and responsive bidder; and
3443
Meeting Date: November 4, 2025 Agenda Item: 11F.

CITY OF SAN CLEMENTE

3. Authorize the City Manager to execute a construction contract with RE Chaffee Construction, Inc., in the amount of not to exceed $2,528,600, in a form substantially similar to Contract No.

C25-55 (Attachment 1).
..end
Attachments:

1. Resolution No. 25-170

2. Construction Contract with RE Chaffee Construction, Inc. (w/o attachments) Notification:

All Bidders
3454
Attachment 1
RESOLUTION NO. 25-170

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT TO RE CHAFEE
CONSTRUCTION INC. FOR THE CALLE REAL PUMP
STATION REHABILITATION, CIP PROJECT NO. 19516,

AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE CONTRACT WITH RE CHAFEE CONSTRUCTION INC.

IN THE AMOUNT OF NOT TO EXCEED $2,528,600.

WHEREAS, the Calle Real Pump Station was constructed in the early 1960’s and is in need of upgrades which will allow the City to efficiently abandon the existing Reservoir 6 which has reached the end of its useful life; and WHEREAS, this is the last phase to improve system reliability between Reservoir 6 and 10 zones; and
WHEREAS, City Staff advertised the project for competitive bidding and on September 26, 2025, seven bids were received, of which none were local bidders; and WHEREAS, City staff reviewed the bids and identified the lowest responsive and responsible bidder to be RE Chaffee Construction, Inc.; and NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

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

SECTION 2. Find the Calle Real Pump Station Rehabilitation, CIP Project No. 19516, categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 of the State CEQA Guidelines, Section 15302.

SECTION 3. Award the Calle Real Pump Station Rehabilitation, CIP Project No. 19516, construction contract to RE Chaffee Construction, Inc. as the lowest responsible and responsive bidder.

SECTION 4. Authorize the City Manager to execute a construction contract with RE Chaffee Construction, Inc., in an amount not to exceed $2,528,600, in a form substantially similar to Contract No. C25-55.

SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 3465
Resolution No 25-170 Page 2
PASSED AND ADOPTED this day of , 2025.

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. 25-170 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
3476
Attachment 2
SECTION 00500

CONTRACT
THIS CONTRACT is made this _____ day of _________, 2025, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and RE Chaffee Construction, Inc., hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

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

CALLE REAL PUMP STATION REHABILITATION
The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the dates stated in City’s Notice to Proceeds. The project will have two Notice to Proceeds (NTP’s): the 1st NTP to begin administrative work (shop drawing submittals, material procurement, etc.), and the 2nd NTP to begin mobilization and site work. The 2nd NTP shall not occur later than 60 working days after the 1st NTP. The Contractor shall complete all Work required by the Contract Documents within 300 working days from the commencement date stated in the 2nd Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract and the Work, which includes everything that is reasonably foreseeable related thereto, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Two Million, Five Hundred Twenty Eight Thousands and Six Hundred Dollars ($2,528,600). Payment shall be made as set forth in the General Conditions.

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

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of $1,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. 3487
55452.01510\32905704.2
2 ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Non-Collusion Declaration Form
Contractor Information and Experience Form
List of Subcontractors Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

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

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

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

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

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

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures. 3498
55452.01510\32905704.2
3 CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, ______
____________________________
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
RE Chaffee Construction Inc.
__________________________
(“CONTRACTOR”)
By:_____________________________
Ronald E. Chaffee Jr., CEO / CFO
Dated: __________________, ______
By:_____________________________
Jessica R. Chaffee, Secretary
Dated: __________________, ______

END OF CONTRACT
3509
Attachment 3

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 AKM CONSULTING ENGINEERS, a California Corporation, with its principal place of business at 553 Wald, Irvine, CA 92618 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

2.2 Project.

City desires to engage Consultant to render such professional Civil Engineering consulting services for the Calle Real Pump Station Rehabilitation Engineering Construction Support Services, CIP Project No. 19516 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 Civil Engineering consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from December 24, 2025 and shall remain in effect until completed to the City’s satisfaction, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

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

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 351
4936-1162-1678 v2 2
55452.01100\31193624.5
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.

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 352
4936-1162-1678 v2 3
55452.01100\31193624.5
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: Zeki Kayiran, CEO.

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

3.2.8 Consultant's Representative. Consultant hereby designates Zeki Kayiran, CEO or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.9 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 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 353
4936-1162-1678 v2 4
55452.01100\31193624.5
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 One Hundred Forty Three and Nine Hundred Sixty Dollars ($143,960) 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 so authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless 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 354
4936-1162-1678 v2 5
55452.01100\31193624.5
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, 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 355
4936-1162-1678 v2 6
55452.01100\31193624.5
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: AKM CONSULTING ENGINEERS
553 Wald
Irvine, CA 92618
ATTN: Zeki Kayiran, CEO
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Laura Campagnolo, City Clerk; and David
Rebensdorf Public Works Director / City Engineer
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

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

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided 356
4936-1162-1678 v2 7
55452.01100\31193624.5
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, 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. 357
4936-1162-1678 v2 8
55452.01100\31193624.5

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.

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 358
4936-1162-1678 v2 9
55452.01100\31193624.5
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.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
359
4936-1162-1678 v2 10
55452.01100\31193624.5
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST: Dated: _________________________
____________________________
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

AKM CONSULTING ENGINEERS,
a California corporation
(“CONSULTANT”)
By:_____________________________
Omer Zeki Kayiran, CEO
Dated: _________________________
By:_____________________________
Mehmet K. Kayiran, CFO
Dated: _________________________
360
4936-1162-1678 v2 11
55452.01100\31193624.5
EXHIBIT "A"

SCOPE OF SERVICES
Consultant shall perform engineering construction support services for the City (collectively, the “Services”) to the City’s satisfaction, for the construction support services for the Cyprus Shore Sewer Lift Station Project, including the following:

1. Assisting the City of San Clemente with review of the bids, and selection of the contractor

2. Attending the Pre-Construction meeting, as well as weekly construction progress meetings (remote)

3. Reviewing and responding to Requests for Information (RFI) during the project. Two (2) reviews are budgeted for each RFI.

4. Reviewing the Shop Drawing Submittals. Two (2) reviews are budgeted for each submittal.

5. Prepare plan revisions - Two (2) are budgeted.

6. Conduct site reviews during construction, as requested by the City. Two (2) site reviews are budgeted.

7. Participate in the startup and commissioning of the project (2 days).

8. Prepare Record Drawings based on the Contractor's red-lined as-built drawings reviewed by the City's construction manager.

9. Other engineering construction support services as requested by the City. 361
4936-1162-1678 v2 12
55452.01100\31193624.5
EXHIBIT "A-I"

FEDERALLY REQUIRED PROVISIONS FOR SERVICES
N/A
362
4936-1162-1678 v2 1
55452.01100\31193624.5
EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall diligently perform the Services to the City’s satisfaction according to the timeframe(s) requested by the City and shall meet all established schedules and deadlines. 363
WORKER’S COMPENSATION INSURANCE CERTIFICATION
55452.01100\31193624.5
4936-1162-1678 v2
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, 364
55452.01100\31193624.5
4936-1162-1678 v2
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 365
55452.01100\31193624.5
4936-1162-1678 v2
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.
366
55452.01100\31193624.5
4936-1162-1678 v2

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.
367
55452.01100\31193624.5
4936-1162-1678 v2
EXHIBIT “D”

COMPENSATION
In full compensation for the Engineering Construction Support Services rendered by the Consultant under the Agreement, the City shall pay the Consultant for actual work performed at the following hourly rates and within the following not to exceed costs:
368
WORKER’S COMPENSATION INSURANCE CERTIFICATION
55452.01100\31193624.5
4936-1162-1678 v2

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.

Dated: _______________________________
________________________________
(“CONSULTANT”)
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
369
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: December 9, 2025 Agenda Item: 11J.

Submitted By: Public Works
Prepared By: Belgin Cuhadaroglu, Senior Civil Engineer
Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A PROFESSIONAL CONSULTANT

SERVICES AGREEMENT TO DUDEK FOR CONSTRUCTION MANAGEMENT AND

INSPECTION SERVICES FOR THE CAMINO VERA CRUZ RECYCLED WATER LINE EXTENSION, CIP PROJECT NO. 17407, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT IN AN AMOUNT NOT TO EXCEED $96,400 ..body Fiscal Impact:

The construction management and inspection services expenditure of $96,400 for the Camino Vera Cruz Recycled Water Line Extension, Phase II, is funded from the Water Acreage Fee Reserve Fund. There is adequate funding available in the project Account No. 052-467-45300- 000-17407.

Summary:

The City Council is being asked to consider adoption of a resolution (Attachment 1) awarding a Professional Consultant Services Agreement to Dudek, in an amount not to exceed $96,400 (Attachment 2), for construction management and inspection services for the Camino Vera Cruz Recycled Water Line Extension, Phase II, CIP Project No. 17407.

Due to high demand for recycled water conversion within the Forster Ranch area, approximately 402 linear feet of recycled water lines and three irrigation meters are recommended to be installed, at the intersection of Camino de
Los Mares and Camino Vera Cruz, to
provide recycled water to reduce the use
of imported potable water from the
Metropolitan Water District of Southern
California (MET).

Background:

Recycled water customers account for
approximately 15% of the City's overall water demand and utilize approximately 1,200 acre-feet per year of recycled water. The City's customer use of recycled water reduces the City's need for imported potable water from the MET. Upon completion of the City’s recycled water expansion, in 2014, there was one remaining area within Forester Ranch that provided approximately 10.5 acre-feet of water use adjacent to an existing recycled water line. City staff coordinated with the homeowners’ associations and determined that the best location to install additional new meters for conversion of the private irrigation system to recycled water. City staff designed the project 370
Meeting Date: December 9, 2025 Agenda Item: 11J.

CITY OF SAN CLEMENTE 2
which is being recommended prior to the paving of the Camino De Los Mares/Camino Vera Cruz intersection. Approximately 402 linear feet of pipeline and three irrigation meters will be installed to provide additional recycled water, as shown below.

On November 4, 2025, the City Council
awarded a construction contract to Q&E
Pipeline Company for the Camino Vera
Cruz Recycled water line extension
(Attachment 3).

To provide construction management and
inspection services, staff prepared a
Request for Proposals (RFP, Attachment
4) for the construction management and
inspection needed for the project, and
contacted six firms (i.e. BKF Engineers,
Advantec Consulting Engineers, Dudek, Michael Baker International, Inc., CJC Consulting and MSN Engineers, Inc.), and received one proposal from Dudek, in the amount of not-to-exceed $96,400. Staff reviewed the hourly rates proposed by Dudek and determined that they are fair and reasonable.

The anticipated construction completion is spring of 2026. Staff is currently working with the contractor to establish a more detailed construction schedule.

Council Options:
 Adopt Resolution No. 25-196 (Attachment 1), awarding a Professional Consultant Services Agreement to Dudek, in an amount not to exceed $96,400, and authorizing the City Manager to execute the Agreement.
 Modify and adopt Resolution No. 25-196.
 Deny the adoption of Resolution No. 25-196 to authorize execution of the Professional Services Agreement with Dudek and provide direction to staff.  Continue the item and direct staff to provide additional information.

Environmental Review/Analysis:

This action is not a “project” under California Environmental Quality Act. The Camino Vera Cruz Recycled water line extension was previously determined to be exempt from CEQA under Class 3 (New Construction or Conversion of Small Structures, 14 CCR section 15303) of the State CEQA Guidelines. A Notice of Exemption was filed with the County of Orange Recorder’s Office on May 16, 2025 for this Project.

Recommended Actions:
..recommendation
Staff recommends that the City Council adopt Resolution No. 25-196, which will:
371
Meeting Date: December 9, 2025 Agenda Item: 11J.

CITY OF SAN CLEMENTE 3

1. Award a Professional Services Agreement to Dudek for construction management and inspection services for the Camino Vera Cruz Recycled water line extension; and

2. Authorize the City Manager to execute a Professional Services Agreement with Dudek in an amount not to exceed $96,400.
..end
Attachment:

1. Resolution No. 25-196

2. Contract No. C25-63 (with attachments)

3. Staff Report dated November 4, 2025 (without attachments)

4. Request for Proposals
Notification:

None.
372
Attachment 1
4882-9904-3949 v1
RESOLUTION NO. 25-196

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

TO DUDEK FOR CONSTRUCTION SUPPORT AND

INSPECTION SERVICES FOR THE CAMINO VERA CRUZ

RECYCLED WATER LINE EXTENSION, PHASE II, CIP
PROJECT NO. 17407, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, recycled water customers account for approximately 15% of the City's overall water demand and utilize approximately 1,200-acre feet per year of recycled water; and
WHEREAS, the City's customer use of recycled water reduces the City's need for potable imported water from the Metropolitan Water District of Southern California; and WHEREAS, extension of an existing recycled water line will provide recycled water to three meters for an annual demand of approximately 10.5 acre feet of recycled water and this area was previously identified as a high water use; and WHEREAS, due to high demand adjacent to an existing recycled water line in Camino Vera Cruz within Forster Ranch, approximately 402 linear feet of recycled water pipe lines and three irrigation meters will be installed; and WHEREAS, on November 4, 2025, City Council awarded the Camino Vera Cruz Recycled water line extension, CIP Project No. 17407, construction contract to Q&E Pipeline Company as the lowest responsible and responsive bidder; and WHEREAS, the Project requires construction management and inspection services; and
WHEREAS, staff requested proposals from six consultants (i.e., BKF Engineers, Advantec Consulting Engineers, Dudek, Michael Baker International, Inc., CJC Consulting and MSN Engineers, Inc.) for the construction management and inspection services, and received one proposal from Dudek in the amount of not-to-exceed $96,400; and
WHEREAS, the hourly rates proposed by Dudek are fair and reasonable.

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

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

SECTION 2. A Professional Consultant Services Agreement is hereby awarded to 373
Resolution No. 25-196 Page 2
Dudek for the construction management and inspection services for the Camino Vera Cruz Recycled Water Line Extension, Phase II, CIP Project No. 17407.

SECTION 3. That the City Manager is authorized and directed to execute a Professional Services Agreement with Dudek for the Camino Vera Cruz Recycled Water Line Extension, CIP Project No. 17407 in an amount not to exceed $96,400 and in a form substantially similar to that presented to the City Council on December 9, 2025.

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

PASSED AND ADOPTED this _________ day of ______________, 2025.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
374
Resolution No. 25-196 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. 25-196 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _____ day of ______, 2025, 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 _________________, 2025. ________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
375
Attachment 2

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 Dudek, a California corporation, with its principal place of business at 687 S Coast Highway 101, Suite 110, Encinitas, CA ("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 Construction Management and Inspection consultant services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Construction Management consulting services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional Construction Management and Inspection services for the Camino Vera Cruz Recycled Water Line Extension, Phase II, P.N. 17407, ("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 construction management 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 December 1, 2025 until the Services are completed to the satisfaction of the City, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

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 376
2 55452.01100\31193624.5
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.

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

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 377
3 55452.01100\31193624.5
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: George Litzinger, CM Division Manager

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

3.2.8 Consultant's Representative. Consultant hereby designates George Litzinger, CM Division Manager, 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.

3.2.11 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 378
4 55452.01100\31193624.5
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.

3.3 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 Ninety-Six Thousand Four Hundred Dollars ($96,400) without prior written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "D" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. 379
5 55452.01100\31193624.5
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.6 Labor Code Requirements.

3.4 Accounting Records.

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 380
6 55452.01100\31193624.5
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.

Consultant: Dudek
687 S Coast Highway 101, Suite 110
Encinitas, CA 92024
ATTN: Legal Department
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: David T. Rebensdorf, P.E., City Engineer and
Laura Campagnolo, City Clerk
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.

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. 381
7 55452.01100\31193624.5

3.5.6 Indemnification.

3.5.6.2 If Consultant’s obligation to defend, indemnify, and/or hold 382
8 55452.01100\31193624.5
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.

3.5.8 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.

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

3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 383
9 55452.01100\31193624.5

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.
384
10 55452.01100\31193624.5
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, 2025
____________________________
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

DUDEK, a California corporation
(“CONSULTANT”)
By: _______________________________
Joseph Monaco/ CEO
Dated: __________________, 2025
By: ____________________________
Helder Guimaraes/ CFO
Dated: __________________, 2025
385
11 55452.01100\31193624.5
EXHIBIT "A"

SCOPE OF SERVICES
Consultant shall perform the following services for the City (collectively, the “Services”) to the City’s satisfaction:

Construction Management and Inspection Services, including:

1. Manage and administer project construction contract.

2. Negotiate and resolve construction contract disputes.

3. Evaluate and prepare change orders.

4. Prepare and administer project biweekly progress meetings.

5. Review and provide disposition of constructor submittals and design clarification requests in comparison with requirements of the contract documents, and coordinate with the design engineer and the City as applicable.

6. Coordinate additional review and disposition of structural construction shop drawings and design clarification requests with the design engineer and the City as applicable.

7. Monitor contractor’s compliance with Water Quality BMP’s.

8. Provide daily inspection of construction activities for compliance with plans and specifications, provide daily reports, coordinate and obtain required testing performance and test results.

9. Review and recommend the City for approval contractor’s pay requests.

10. Coordinate and assist in resolution of citizen concerns and complaints related to the project.

11. Compile and maintain project as-built drawing, photos and all construction related documentation to provide to the City upon completion of the project.

12. Provide all required communication equipment (phone), computer etc. required for the performance of the work. No field office will be provided by the Contractor or the City for the project. City offices can be used for project meetings. 386
1 55452.01100\31193624.5
EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall diligently perform the services to the City’s satisfaction according to the timetable requested by the City.
387
2 EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

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. Not applicable.
.
388
3 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.

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

3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Consultant or others providing 389
4 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.

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

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 390
5 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.
391
6 EXHIBIT “D”

COMPENSATION
In full compensation for the Services rendered by the Consultant under the Agreement, the City shall pay the Consultant for actual work performed at the following hourly rates:

Construction Management/ Inspection:
 Construction Management:

1.5 hours per day x 55 working days (83 hours) @$175 = $14,525.00  Electrical Inspection”
245 hours x $225/hour = $55,125.00
TOTAL COMPENSATION SHALL NOT EXCEED: $69,650.00
There are no reimbursable expenses under this Agreement. 392
7 WORKER’S COMPENSATION INSURANCE CERTIFICATION

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.
(Signature on following page)
393
8 Dated: ________________________, 20____
_ DUDEK_
(“CONSULTANT”)
By: ________________________________________
________________________________________
Title
________________________________________
Address
________________________________________
394

PROPOSAL

CAMINO VERA CRUZ RECYCLED WATER
LINE EXTENSION, PROJECT NO. 17407

CONSTRUCTION MANAGEMENT AND

INSPECTION SERVICES

CITY OF SAN CLEMENTE
NOVEMBER 13, 2025
687 S. Coast Highway 101, Ste. 110 / Encinitas, CA 92024 / 760.942.5147 395
Camino Vera Cruz Recycled Water Line Extension – Construction Management and Inspection Services i

1. Cover Letter
November 13, 2025
Belgin Cuhadaroglu, P.E
City of San Clemente
910 Calle Negocio
San Clemente, California 92673
Subject: Camino Vera Cruz Recycled Water Line Extension, Project No. 17407 -- Construction Management and Inspection Services
Dear Belgin Cuhadaroglu:

Dudek appreciates the opportunity to submit our proposal to provide construction management and inspection services for the Camino Vera Cruz Recycled Water Line Extension project. We value the relationship we have fostered with the City of San Clemente (City) and look forward to continuing to serve you with consulting services on this project.

Resources: The City will have the support of our entire firm’s resources, including divisions and staff with expertise in engineering, environmental, hazardous waste, wastewater treatment plant operations, and water quality. Each division stands ready to assist the City as needed.

Commitment: The Dudek team is fully committed to the City to make this project a success. We have assigned diligent people with the requisite expertise to complete it correctly. Your project is of utmost importance to us and will continuously command the highest levels of attention.

Team Player: We are accustomed to serving as an extension of staff and can seamlessly integrate our staff and capabilities with the City’s staff. We will keep you fully informed on the status of your project.

Should you have any questions or require additional information during the proposal evaluation process, please contact me on my cell at 619.980.7048 or [email protected].

Sincerely,
__________________________________ __________________________________ George Litzinger, PE Joseph Monaco
Project Principal President and CEO
Joseph Monaco is authorized to sign on behalf of Dudek.

The proposed pricing is valid for a period of ninety (90) days from the date of this proposal; after 90 days, Dudek reserves the right to reassess the fee estimate, if necessary.

DUDEK INFO
Firm Headquarters
687 S. Coast Highway 101,
Suite 110
Encinitas, California 92024
Project Management Office:
1645 S. Rancho Santa Fe Road
San Marcos, California 92078
Local Office:
27271 Las Ramblas, Suite 340
Mission Viejo, California 92691
Business License: BL35365
DIR Number: 1000007200

PRIMARY CONTACT
George Litzinger, PE
619.980.7048
[email protected]
396
Camino Vera Cruz Recycled Water Line Extension – Construction Management and Inspection Services ii Table of Contents

SECTIONS

1. Cover Letter............................................................................................................................................................................i

2. Background and Approach.................................................................................................................................................1

3. Methodology ........................................................................................................................................................................4

4. Work Plan..............................................................................................................................................................................6

5. Project Organization and Staffing ...................................................................................................................................13

6. Related Experience...........................................................................................................................................................17

7. Project Schedule ..............................................................................................................................................................19

8. Compensation ..................................................................................................................................................................20

9. Statement of Compliance................................................................................................................................................21 TABLE
1 Estimated Hours and Cost...............................................................................................................................................20 FIGURE
1 Dudek Team Organization ...............................................................................................................................................13

APPENDIX
A Resumes
397
Camino Vera Cruz Recycled Water Line Extension – Construction Management and Inspection Services 1

2. Background and Approach
Founded in 1980, Dudek is an environmental and engineering consulting firm based in Encinitas, California, with offices nationwide staffed by more than 1,000 planners, engineers, construction managers and inspectors, grant specialists, geologists, and biologists, among many other technical experts. We assist public and private clients on a broad range of projects that improve communities, infrastructure, and the natural environment.

We Are Multidisciplinary
From planning, design, due diligence,
remediation, compliance, and permitting
through construction, we help move projects
forward through the complexities of regulatory
compliance, budgetary and schedule
constraints, and varying shareholder interests.

The Dudek team has the diverse expertise and
experience needed to conduct the requested
services for the City of San Clemente (City). Our
professionals find practical, cost-effective
approaches to help you achieve your project
goals. We strive for a trustworthy and
collaborative relationship with our clients, which
allows us to offer constructive solutions
with your project’s long-term success in mind.

We Are Dedicated
Our project managers are empowered to solve problems and make decisions in a timely fashion to keep project momentum moving forward. With remarkably low employee turnover, our staff’s long tenure means the team you meet at project start will see your project through to completion. We offer the most value for clients by doing the following:
▪ Being the best integrated, multifaceted team in the industry, with high-quality work products and clientfocused service ▪ Being engaged listeners to understand problems and think through the highest value-oriented approach ▪ Anticipating and planning for our clients’ and interested parties’ needs ▪ Focusing on innovation to make smarter progress
▪ Being easy to work with because we are structured to support clients ▪ Understanding the stakes and the price of delays or failure Environmental Engineers
Water and Wastewater
Civil Engineers
Construction Managers, Inspectors,
and Special Inspectors
Landscape Architects
Natural Resource Scientists
and Restoration Specialists
Hydrogeologists and Geologists
CEQA/NEPA Practitioners
Environmental Planners
and Urban Designers
Compliance Managers
and Monitors
Aerial Surveying
and Mapping Specialists
398
Camino Vera Cruz Recycled Water Line Extension – Construction Management and Inspection Services 2 We Are Local
With 13 offices and staff throughout California, we can quickly mobilize for any task/project need. Dudek San Marcos and Mission Viejo offices are located a short drive from the City’s Project Management offices and the project site; our close proximity puts our staff at your office for vital face-to-face meetings to address project progress and to work together to develop viable solutions to project challenges.

Project Understanding
Dudek understands that the City is seeking qualified firms to provide Construction Management (CM) and Construction Inspection Services for the Camino Vera Cruz Recycled Water Line Extension Project. The City is undertaking a critical infrastructure improvement project to expand its recycled water distribution system within the Forster Ranch HOA area. The project addresses the growing demand for recycled water and supports regional efforts to reduce reliance on imported potable water from the Metropolitan Water District of Southern California.

The scope of work involves the installation of approximately 142 linear feet of 4-inch ductile iron pipe (DIP) and 314 linear feet of 6-inch DIP recycled water pipelines, including connections to the existing recycled water network at the intersection of Camino de Los Mares and Camino Vera Cruz. The project also includes installation of cathodic protection systems, service laterals, irrigation meters, ductile iron valves and fittings, and blow-off and air-vac assemblies. Associated work will require trench excavation and restoration, removal and replacement of concrete pavement, and implementation of traffic control measures. Due to site conditions and traffic considerations, there is potential for night work.

Construction management and inspection services will focus on:
▪ Administering and managing the construction contract
▪ Negotiating and resolving contract disputes and evaluating change orders ▪ Conducting biweekly progress meetings and coordinating design clarifications ▪ Monitoring compliance with contract documents, water quality BMPs, and safety standards ▪ Performing daily inspections, maintaining detailed reports, and coordinating required testing ▪ Reviewing contractor pay requests and assisting with public concerns ▪ Maintaining comprehensive project documentation, including as-built drawings and photos, for final submission to the City
Construction activities may occur at night over a 55-working-day period, with additional pre- and post-construction efforts required. Given the complexity of the work and the need for coordination during night shifts, Dudek understands the City is looking for a team with proven experience in similar water infrastructure projects, strong communication skills, and the ability to manage construction activities efficiently and effectively.

Anticipated and Potential Issues
Location and potholing of existing utilities: This is a critical step to having a smooth-running and delay-free project.

Once the utility markouts have been completed in the streets, we will work with the contractor to review and compare the locations shown on the plans. Any utilities that we do not feel are accurately located will be potholed prior to starting construction and as-built on the plans. Once the team is confident that all utilities have been 399
Camino Vera Cruz Recycled Water Line Extension – Construction Management and Inspection Services 3 accurately located, we will provide the contractor with the Notice to Proceed (NTP) for construction, which will hopefully eliminate delays caused by conflicts of known and/or field-marked utilities.

Unknown utilities in conflict with the pipe alignment: There will undoubtedly be unknown utilities encountered during excavation. In those instances, it will be imperative to keep the contractor working to avoid any claims for delays. Prior to the NTP, we will work with the contractor to outline procedures that will limit/avoid delay claims by having alternative places for the contractor to work/remobilize forces and accepted time-and-materials (T&M) rates so we can direct them immediately when it is time to commence work. With approved rates, we can simply monitor and agree on the time allocated only for extra work and be able to decipher when “contract work” and “extra work” happen on the same day.

Coordination with Forster Ranch HOA/community: During the Administrative Phase of our approach, we will establish and document contact information, confirm frequency of communication, and determine what type of communication is required.

Change orders: We have no authority to issue change orders without written approval from the City. As soon as we know of a potential issue that may result in a change order, we will immediately notify the City of the potential change, the potential cost, and our assessment of entitlement. If a change order is imminent, we will also have a third party prepare an independent estimate of the work, where warranted, to be used to negotiate the cost with the contractor.

Geotechnical report: We will review the geotechnical report with the City prior to starting construction and discuss any potential issues.

As-built documentation: We will ensure that the contractor keeps accurate as-builts through weekly inspection of his records. We will also keep our own as-builts for comparison to the contractor record drawings.

Phasing and staging: During the Administrative Phase, we will work with the contractor to prepare staging and phasing plans. This will include locations for parking equipment overnight and areas for stockpiling materials. 400
Camino Vera Cruz Recycled Water Line Extension – Construction Management and Inspection Services 4

3. Methodology
Project Approach
Dudek’s approach to the Camino Vera Cruz Recycled Water Line Extension Project is rooted in proactive planning, clear communication, and rigorous quality control to ensure the successful completion of all construction activities within the 55-day working window. We understand the City’s priorities: minimizing community disruption, maintaining safety, and delivering a high-quality water infrastructure system.

Dudek’s approach to the scope of work will be accomplished in two phases. The goal of Phase 1, the Administrative Phase, is to address all administrative issues prior to starting construction. Identifying and preparing a plan of action for all potential issues in Phase 1 allows for a smooth transition into Phase 2, the Construction Phase.

Phase 1—Administrative Approach
Kickoff Meeting with the City
Upon our selection, we will meet with the City, discuss the project, identify the issues, and define action items along with dates for the completion of the items. A tentative agenda for the meeting is as follows:

1. Provide an introduction and overview of roles and responsibilities.

2. Obtain copies of all project documents, reports, permits, plans, and specifications/standard plans.

3. Discuss a meet and greet with the contractor prior to the pre-construction meeting. We have had great success having an informal meeting with the contractor to introduce the players and try and “flush out” their concerns prior to the more formal pre-construction meeting.

4. Discuss the required construction management software, Smartsheets, with the City to determine documents to prepare prior to construction.

5. Review permit requirements and responsibilities.

6. Discuss any constructability issues.

7. Confirm any environmental requirements and monitoring.

8. Prepare the final action items list, responsibilities, and dates for completion.

Construction Management Plan
The Dudek construction management staff has been utilizing a construction management plan for the last 20 years that is customized to each specific project. We will submit a construction management plan to the City that is tailored for this project. The plan will include our methods for administering the project in conformance with City standards, a list of key personnel, and an organization chart for all players involved on the project. It will also include a project budget, a project schedule, inspection and safety procedures, and reporting procedures. The construction management plan will be updated as changes arise throughout the project. 401
Camino Vera Cruz Recycled Water Line Extension – Construction Management and Inspection Services 5 Key Personnel Directory
We will prepare and maintain a key personnel directory with contact information in the construction management plan. This directory will include information for the designer, contractor, subcontractors, agencies, City personnel, and other interested parties involved on the project. This list will include emergency contact information and proper protocol of whom to contact in the event of an emergency. This will be distributed at the completion of the pre-construction meeting and will be kept up to date throughout the project.

Pre-Construction and Construction Conferences
Prior to the bid and/or NTP, our team will meet with the City and other involved entities as needed to outline the following issues: contract administration guidelines; contractual roles and relationships; and reinforcement of specific requirements for safety, security, and access through various construction sites. We will highlight sensitive issues and outline project concerns, identify deficient items, and determine correction for accurate bids. As part of the pre-construction meeting, we will address contract status; NTP date; permits; insurances; and mobilization, schedule, and project documentation requirements.

We will prepare an agenda for City review, conduct meetings, and issue meeting minutes. The pre-construction meeting sets the tone for the project team, and it is crucial that the contractor understands that we expect him to comply with the contract documents, particularly regarding operations, environmental, and safety regulations. The contractor must understand that we are there to enforce the specifications, and that we will do it fairly and consistently. We will portray an attitude of cooperation and respect and ensure that we are there to help expedite the project, not become a hindrance. In addition, we will advise the contractor of the contractual requirements and assert that Dudek will not vary from the plans and specifications regardless of the contractor’s interpretations.

Our attitude will be one of working together to complete the project safely, on time, and within budget with minimal impact. The parties (i.e., contractor, City, design engineer, and construction manager and inspector) each have their own responsibilities and goals, and that must be understood by all. As the construction manager and inspector, one of our primary duties is to recognize these goals and form a team that is willing to work together.

We will schedule and attend regularly scheduled weekly progress meetings. 402
Camino Vera Cruz Recycled Water Line Extension – Construction Management and Inspection Services 6

4. Work Plan
Construction Phase Services
Dudek will take responsible charge of the construction management of the project and will have primary responsibility for the tasks outlined in the Request for Proposal. The City has done an excellent job putting together the scope of work that we will comply with fully. The following Dudek scope of work enhances the City’s scope of work.

Dudek’s Construction Management/Inspection Philosophy
Dudek provides clients with a proactive approach to managing construction projects, one where issues are resolved timely, accurately, and followed to complete resolution, leading to a project completed to the client’s satisfaction without claims or litigation.

To this end, it all starts with effective communication to gain an understanding of the issues and how best to resolve them. Our project team has completed numerous water main replacement projects in the area, and for the City.

Construction Management Software
Our construction managers are familiar with various construction/project management software programs. We will use standard spreadsheets for logging submittals, Requests for Information (RFIs), daily reports, photos, change orders, and weekly statements of working days.
403
Camino Vera Cruz Recycled Water Line Extension – Construction Management and Inspection Services 7 Management Approach to Change Orders
Dudek’s Certified Professional Estimators will provide independent estimates of all contractor change order requests. The first step in dealing with a potential change is to evaluate the request for entitlement. If we determine entitlement, we will develop a scope of work with the contractor and request a lump sum cost for the change. If an agreement cannot be reached, the contractor will be directed to proceed on a T&M basis. We will agree to the contractor’s T&M rates at the start of the project, so if there is a need to perform work on a T&M basis, the only thing that will need to be tracked are the hours for labor and equipment and any materials used backed up by paid invoices.

If entitlement cannot be agreed to, the contractor will be directed to perform the work under “disputed” work and track T&M for resolution at a later date.

Negotiate and Draft Change Orders
The key is to address any changes to the contract in a timely manner and not wait until the end of the project or when it is convenient. Potential changes must be dealt with quickly and be brought to the attention of the City immediately. Documentation is extremely important. When a contractor submits a change order request, we will ensure that he provides proper documentation to justify his request. The team will promptly evaluate and provide a written position to the City prior to responding to the contractor.

The Dudek team will have no authority to issue changes or modifications to the contract documents without approval of the City. The changes will be initiated by the owner or requested by the contractor. The Dudek team will track, document, and negotiate all changes for added costs or credits with the construction contractor and will evaluate all schedule impacts of changes in addition to advising the City of equitable costs and time adjustments for proposed or authorized changes. The construction manager will coordinate change order procedures for preparation of changes to be executed by the contractor and the City. Tracking logs and status for reporting of all changes is a part of our proposed document control system. For City-generated changes, or in the case when direction is required, we will use the field change order process. This is an effective method of tracking changes to the contract documents and providing direction to the contractor.

Approach to Document Control
Dudek will use standard spreadsheets to document and track this project. We will adapt the project document tracking system (DTS) to City-specific procedures and numbering format. Since we regularly implement these systems on our projects, our team is afforded a powerful tool with no learning curve that can be adapted to this project.

One of the key areas requiring swift response and coordination is the contractor’s RFI document. This is typically a request for design clarification or a correction of noted conflict in the drawings and/or specifications, and it often has the potential for a claim. RFIs will receive our immediate attention and a timely response, which will be a major component in our claims avoidance program. All hard copy and electronic DTS files will be furnished to the City at the commencement of work.

A key part of our construction management and inspection activity is timely and accurate reporting to the City. Full and comprehensive implementation of the DTS will allow Dudek to respond quickly, professionally, and consistently to City inquiries. The reporting system will be tailored to the needs of the City and will include the following major components:
404
Camino Vera Cruz Recycled Water Line Extension – Construction Management and Inspection Services 8 ▪ Narrative progress reports: These reports are prepared monthly to describe schedule, cost, estimating, and accounting activity, including an executive summary, as well as discussions of construction and utility relocation progress. They will include schedule and progress payment status, the preceding month’s developments, plans for the current month, future plans, issues, requests, recommendations, and general comments. When required, the Dudek construction manager will provide weekly written narratives addressing specific issues and/or disputes.
▪ Schedule reports: These reports provide an evaluation of the contractor’s monthly schedule update, identification of poor field production, or other contractor-caused delays. ▪ Progress photos: These photos will be time-stamped, captioned, digital images depicting critical milestones in the work.
▪ Weekly project progress meeting minutes: Meeting minutes will be provided to document key discussion points, decisions made, and action items assigned during the meeting. ▪ Quality assurance/quality control (QA/QC) reports: The Dudek QA/QC process includes daily inspection diaries and Notices of Non-Compliance to the contractor.

In the event of a safety concern, accident, or major quality issue, daily inspection diaries with embedded digital photo images will be emailed to the City’s project manager by the following morning.

Approach to Claims Mitigation and Avoidance
Our approach to claims management focuses on claims avoidance during pre-construction and mitigation during construction. Claims avoidance techniques include constructability reviews of the design, contract documents, and identification and contract accommodation of potentially changed conditions. Critical claims avoidance areas include the following:
▪ Ambiguous contract documents
▪ Changed subsurface conditions
▪ Incomplete right-of-way acquisition
▪ Hazardous waste discovery/disposal
▪ Environmental document measures
▪ Delayed equipment or material delivery
Our claims reduction plan includes an established checklist of potential project claims compiled from our extensive public works construction experience. Potential change/claim problems are as follows:
▪ Not understanding processes involved and applying industry tolerances to construction workmanship when special tolerances are needed
▪ Not sequencing construction activities properly for equipment installation and alignment ▪ Not providing complete technical information needs in required submittals These specific problems are reviewed to ensure that each area has been addressed. Of particular concern are unknown subsurface conditions. If they represent a significant potential problem, unit price and specified quantity provisions can be utilized to anticipate problems and the work scope they could represent. This shifts a small amount of risk to the contractor with minimal impact. If the site subsurface condition uncertainty is great enough, 405
Camino Vera Cruz Recycled Water Line Extension – Construction Management and Inspection Services 9 a separate site preparation contract could be utilized to insulate the impacts of these potential uncertainties from the major elements of improvement cost.

Our team will also review the construction contract special provision to ensure that adequate administrative controls are included, such as timely contractor notice of changed conditions. Information required by these administrative provisions helps in mitigating the impacts of unanticipated changes and in apportioning liabilities for those impacts that are encountered. During construction, our claims and change order procedures will require prompt and fair resolution of identified problems and an impartial review of disputes when necessary, and they will rely on our project controls procedures to monitor this objective. Such an approach will minimize impacts and associated cost growth and schedule delays. Our claims/change reduction plan will include a performance evaluation component to evaluate the effectiveness of our claims management efforts.

QA/QC Program
Quality assurance (QA) is the process by which the construction manager and inspector deliver the end product, using plan specifications, the contract, conditions of approval, and permits. The process starts well before construction and includes reviews of the plans and specifications for bidding and constructability. Our team develops a clear understanding of the project and issues that will be encountered during construction. Dudek’s construction management role involves understanding and interpreting each project’s plans, specifications, and permits to ensure compliance. We anticipate and have knowledge of the challenges the contractor will face, and we use a quality control (QC) approach to keep project deliverables on time and error-free by taking the following measures:
▪ Assigning George Litzinger as project principal to provide the City with an experienced point of contact ▪ Assigning personnel with relevant experience and training related to each task assignment ▪ QA/QC of Dudek’s work products before they are delivered to the City ▪ Maintaining effective lines of communication with the City regarding project status ▪ Facilitating early involvement in project work development, planning, staffing, and implementation ▪ Developing a project plan based on team, budget, schedule, and communication prior to initiating contract management services in support of each project request Inspectors will provide technical inspections at each job site where the contractor is performing work to ensure compliance with the contract documents. They will coordinate material deliveries, inspect materials as they arrive on site, and verify that all materials and equipment are properly stored. Inspectors will prepare daily reports, as required, by the project scope of work and the City’s standards.

Schedule of Tasks
The construction manager’s tasks will be ongoing throughout the duration of the project. However, the following are several tasks Dudek will perform prior to the NTP being given to the contractor:
▪ Establish project document control system program
▪ Establish weekly progress meetings with minutes to follow within 72 hours ▪ Establish a master submittal log
▪ Establish RFI/COR/CO/RFC/F.D. logs
▪ Establish submittal review procedures
406
Camino Vera Cruz Recycled Water Line Extension – Construction Management and Inspection Services 10 ▪ Establish procedure for documenting non-conforming work ▪ Establish CPM cost loading review and approval procedures ▪ Establish critical action item report
▪ Prepare monthly progress reports that detail costs, COs, schedule, cost projections, and photos of progress (ongoing throughout construction)
▪ Conduct construction inspection/QC (ongoing throughout construction) ▪ Prepare daily inspection reports to be completed at the end of the day ▪ Record daily photo logs
▪ Coordinate laboratory services and special inspectors ▪ Review welding certification and procedures for the contractor—including approving welding on site ▪ Prepare and submit monthly progress pay applications
▪ Conduct claims management and avoidance and change order processing ▪ Commissioning start-up and project closeout
Detailed Scope of Work
Task 1: Construction Management
This task will include the following minimum activities:
▪ Prepare daily inspection activity reports to document start and stop times, size of contractor’s crew, equipment used, visitors to the job site, climatic conditions throughout the day, quantities of materials used, work accomplished, periods of contractor downtime and cause, inspection procedures and results, and verification of compliance with the contract documents. All entries will be dated and timed. Provide electronic copies of daily reports to the City on at least a weekly basis ▪ Ensure compliance with the contract documents
▪ Verify that all deliveries and installation of equipment and materials conform to the contract documents and approved shop drawings
▪ Respond to inquiries regarding requirements of the contract documents ▪ Monitor contractor’s schedule and regular progress updates ▪ Take digital photographs during key points in the construction to document progress ▪ Provide daily communication and conferences with various parties, including the City, engineer, geotechnical firm, and cities (as required)
▪ Receive and distribute all RFIs and submittals among the project team (engineer, contractor, and the City) ▪ Review and respond to RFIs not related to design requirements and intent ▪ Generally review and process submittals (detailed review by engineer) ▪ Maintain RFI and submittal logs and review at biweekly progress meetings ▪ Resolve conflicts in the field to the extent possible ▪ Review change orders and provide recommendations
407
Camino Vera Cruz Recycled Water Line Extension – Construction Management and Inspection Services 11 Weekly Jobsite Meetings
Dudek will conduct weekly job site meetings to perform periodic review of project progress, issues, and schedule.

The primary focus of these meetings will be to proactively resolve any potential issues and review the contractor’s planned work over the next 2 weeks. We will prepare agendas and meeting minutes for all meetings (minutes to be reviewed by City staff). After incorporating comments, if any, Dudek will distribute meeting minutes to all attendees plus other City-designated entities.

Partial Payment Requests
Each month, Dudek will review the contractor’s partial payment requests for work completed and ensure appropriate payment for the actual quantities of work completed. Once Dudek and the contractor agree on quantities, we will provide all paperwork and recommend approval and payment by the City.

Dudek’s lead inspector will meet monthly with the contractor’s foreman to agree on the quantities of work installed that month. Once a draft of the progress payment is agreed upon, billing will be sent to the construction manager for verification and QC. Once acceptable, the contractor will prepare a final progress billing that will be signed by the construction manager and submitted to the City for payment.

Task 2: Construction Contract Administration
Dudek will maintain a comprehensive project record. At a minimum, the project record will consist of the following:
▪ Submittals and submittal logs
▪ RFIs and RFI logs
▪ Proposed/executed change orders and change order logs ▪ All written correspondence (letters, emails, etc.)
▪ Inspection reports and photographs
▪ Meeting agendas and minutes
▪ Progress payment and backup information
Task 3: Inspections
Dudek will provide full-time inspection and as-needed specialty inspection to monitor that the contractor’s work complies with the contract documents. Daily field reports and photographs will be prepared. Reports will detail items such as weather, equipment and manpower, visitors to the job site, work performed, and deficiencies. Any issues regarding out-of-compliance work or delays will immediately be brought to the attention of the City.

Task 4: Project Startup
Dudek will take the lead and directly oversee the preparation and implementation of the plans, procedures, and practices necessary for startup. We will coordinate with the project team (contractor, engineer, and City) and develop a process that includes proper installation and verification checklists, and a comprehensive start-up plan and implementation schedule. Our tasks include the following:
▪ Coordination with City staff, contractor, subcontractors, equipment manufacturers, and suppliers ▪ Verification of proper installation and operation of all components ▪ Witnessing operational demonstrations, simulations, and validation tests for all components 408
Camino Vera Cruz Recycled Water Line Extension – Construction Management and Inspection Services 12 Task 5: Project Closeout
Dudek will perform the following minimum project closeout activities:
▪ Comprehensive final inspection, in conjunction with the City, and preparation of a punch-list. Verification of contractor’s satisfactory completion of punch-list work ▪ Assistance with resolution of any outstanding project issues (claims, time extensions, punch-list items, etc.) ▪ Letter to the City recommending acceptance of the project and a substantial completion date ▪ Verification that final testing, clean-up, restoration, and demobilization are complete ▪ Comparison between pre-construction and post-construction conditions of the construction areas and access routes to ensure that all areas are returned to pre-construction conditions, including review of contractor’s pre-construction photos and videos. Demonstration of proper restoration will need to be made to the City
▪ Assemble final project documentation from all inspection tasks, test results, and other pertinent information (including photographs). Submit one PDF copy and one paper copy, if requested, to the City 409
Camino Vera Cruz Recycled Water Line Extension – Construction Management and Inspection Services 13

5. Project Organization and Staffing
The Dudek team is highlighted in Figure 1. Dudek’s proposed staff have all worked together on recent, similar projects. Short bios for project staff follow the organizational chart. Focused resumes for key team members are provided in Appendix A. As requested in the RFP, the number of hours team members will devote to the project is detailed in the cost proposal. All members of the project team are available up to 100% for the duration of the project, ensuring full commitment and continuity.

Figure 1. Dudek Team Organization

PROJECT MANAGEMENT
Construction Manager
Ryan Ruiz, PE
Jim Escutia, CCM (Back-up)
Project Principal
George Litzinger, PE

INSPECTION
On-Site Inspectors
Corey Sharp
John Griffin
Vince Gaby, CEG, RG
Perryn White, QSP

PROJECT SUPPORT
Materials Testing/Geotechnical/Special Inspection
By City
410
Camino Vera Cruz Recycled Water Line Extension – Construction Management and Inspection Services 14

PROJECT PRINCIPAL
George Litzinger, PE
George Litzinger is a licensed civil engineer with 39 years’ experience in leadership and supervision in engineering and construction. As Dudek’s Construction Management Division Manager, George is responsible for all Dudek construction projects and programs covering both large and small projects with budgets of up to $100 million. His duties typically include managing construction staff and providing support in contract administration, cost management and control, scheduling, contract bidding/award, constructability reviews, field engineering, project management, claims management, and estimating.

George has managed a variety of projects for both private and public sectors, including water and sewage treatment plants, reservoirs, pump stations, pipelines, parks and golf courses, small dams, subdivisions, streets and roads, drainage projects, fire stations, and a variety of public buildings.

CONSTRUCTION MANAGER
Ryan Ruiz, PE
Ryan Ruiz has 14 years’ experience as a construction manager, inspector, office engineer, and field engineer. Ryan has experience working on wastewater treatment facilities, aboveground tank reservoirs, pump stations, police stations, wetlands, and park and street improvements. His duties typically include reviewing contractor’s schedules, progress payment applications, RFIs and submittals, design revisions, negotiating change orders, project safety, managing meeting agendas and minutes, and inspection of overall project work.

Education
United States International
University, San Diego
BS, Civil Engineering
Certifications
Professional Civil Engineer
(PE), CA No. 47544
California Contractor
Engineering Class “A”
License No. 731744
Landscape License C-27
Education
University of California,
San Diego
BS, Structural Engineering
Certifications
Professional Civil Engineer
(PE), CA No. C86394
Certified Erosion, Sediment
and Storm Water Inspector
(CESSWI)
Cured-in-Place Pipe (ITCP)
Inspection Certification
Program
Pipeline Assessment
Certification Program (PACP)
Manhole Assessment
Certification Program (MACP)
CM
411
Camino Vera Cruz Recycled Water Line Extension – Construction Management and Inspection Services 15

CONSTRUCTION MANAGER
Jim Escutia, CCM
Jim Escutia has 12 years’ experience in construction management of public works infrastructure projects. He worked as a construction manager and contract administrator for the City of Huntington Beach for 7 years, overseeing various types of projects, including sewer lining and lift stations; roadway rehabilitation; and traffic signal, park, and public building renovation projects. He is a construction manager, resident engineer, and construction inspector on a wide range of public works and developer projects for Dudek.

INSPECTOR
Corey Sharp
Corey Sharp is a public works inspector with 6 years’ professional experience as a public works inspector, construction manager, and soils technician. Corey has experience in street improvements, wet and dry utility operations, stormwater pollution prevention plan/best management practices implementation and inspection, grading, pump stations, and tank reservoirs. His duties include observation and inspection of construction activities, communication and collaboration with municipalities and contractors, and reviewing progress payments with the construction manager to ensure payment requests are accurate with on-site progress.

INSPECTOR
John Griffin
John Griffin has over 35 years’ experience providing project management, construction management, and inspection services in the public works sector. He worked with the City of Huntington Beach for most of that time, spending 22 years in the Engineering Division and 13 years with the Maintenance Division. His job duties with the city included contract administration, project management, inspection, and quality assurance of project plans and specifications for a wide variety of public works infrastructure projects. Projects have included sewer, water, lift stations, well sites, bridges, storm drains, grading, slope repairs, structures, utilities, and transportation. John joined Dudek in 2019 after retiring from the City of Huntington Beach and currently provides construction inspection services on a variety of public works projects for various agencies throughout Southern California.

Education
California State University,
Long Beach
BS, Construction Engineering
Management
Certifications
Certified Construction
Manager (CCM)
No. 10871
OSHA 10-Hour Confined
Space Safety and Training
Certification
Certifications
U.S. Army 25q
EMT
Coachella Valley AQMD
Certification
Nuke Gauge Certification
CPR Certification
OSHA 10 Certification
Education
California State University,
Fullerton
Supervisor Development
Certificate
Certifications
International Municipal
Signal Association Work
Zone Safety
412
Camino Vera Cruz Recycled Water Line Extension – Construction Management and Inspection Services 16

INSPECTOR
Vince Gaby, CEG, RG
Vince Gaby has over 30 years’ experience in the fields of construction inspection and engineering geology. Vince has provided geological mapping, interpretation, and analysis on numerous projects throughout San Diego County. He has extensive experience conducting geotechnical investigations to determine the impact of site conditions on proposed or existing public and private improvements. His work involves the identification and analysis of geologic constraints, such as landslides, seismic accelerations, ground rupture, liquefaction potential, and ground settlement. His experience includes the evaluation of groundwater intrusion into structural improvements.

INSPECTOR
Perryn White, QSP
Perryn White is a public works inspection supervisor with more than 30 years’ experience in the construction industry, focusing on the construction of water, wastewater, and storm drain facilities for public agencies and private developments. Mr. White has served as inspector and project superintendent in the construction of large- and small-scale capital improvement and private development projects. His knowledge also extends into the construction and inspection of roadwork, major earthwork, treatment plants, pump stations for potable and nonpotable distribution systems, and horizontal directional drilling. Duties included project management, review and approval of submittals and traffic control plans, public outreach, utility liason, monthly billing, progress payments, change orders, and review of as-built drawings.

Subconsultants
Atlas Technical Consultants—Materials Testing/Geotech (if required) Atlas Technical Consultants (Atlas) provides professional testing, inspection, engineering, and consulting services from more than 100 locations nationwide. Atlas delivers solutions to both public- and private-sector clients in the transportation, commercial, water, government, education, and industrial markets. Atlas’ construction materials, engineering, and testing services feature a full complement of professional engineers, geologists, lab managers, and certified technicians, giving owners confidence that their investment is built in accordance with the project’s approved plans and specifications.

Certifications
Certified Engineering
Geologist (CEG), CA No.
1755
Registered Geologist (RG),
CA No. 5282
Certified Nuclear Gauge
Operator, Radiation Safety
Officer
Education
Palomar College, Public
Works Management
Supervisors Academy
Certifications
Caltrans Local Training
Assistance Program,
Resident Engineers Academy
National Redi-Mix Concrete
Association, Pervious
Concrete Installation
California State Water Board,
Qualified Stormwater
Practitioner (QSP)
Envirocert International,
Certified Erosion, Sediment
and Stormwater Inspector
413
Camino Vera Cruz Recycled Water Line Extension – Construction Management and Inspection Services 17

6. Related Experience
Dudek has been providing project and construction management, inspection, and owner’s representative services on water pipeline projects since 1985 and has managed numerous projects throughout Southern California.

Dudek construction managers bring extensive experience and technical knowledge of all project elements. We understand that the key elements to successfully completing projects include maintaining a close working relationship with agency staff and implementing an efficient management approach that will ensure projects are completed on time and within budget.

CYPRESS SHORES GRADING, STORM DRAIN AND SEWER LIFT STATION IMPROVEMENT PROJECT Client: City of San Clemente, 910 Calle Negocio, San Clemente, California 92673 Client Reference: Amir Ilkhanipour, 949.289.3365, [email protected] Project Dates: 2024–2025
Project Team and Responsibilities: George Litzinger, PE (Project Principal), Ryan Ruiz, PE (Construction Manager) Dudek provided construction management and inspection services on this project that included installation of a new lift station wet well consisting of a 7-foot diameter precast reinforced concrete structure, isolation plug valve within a precast concrete valve vault, 1,200 linear feet of 6-inch high-density polyethylene force main replacement, and a flow meter within a meter vault. The project also included various electrical and mechanical improvements.

The project required a dewatering system for the installation of the lift station wet well and lift station operational testing. Due to unstable soil conditions in the area, included in the geotechnical report, Dudek and the City worked diligently to ensure that all unstable soil and collapses encountered during the project were resolved during and after the installation of the wet well. The project required coordination with SoCalGas for gas line rerouting and installation, Southern California Edison for electrical transformer coordination, and the homeowner’s association to retrofit the existing restroom building and roadways due to replacement of existing curb, gutter, sidewalk, and AC pavement.

RECYCLED AND POTABLE WATER SYSTEM PIPELINE, PUMP STATION, AND RESERVOIR EXPANSION Client: City of San Clemente, 910 Calle Negocio, San Clemente, California 92673 Client Reference: Amir Ilkhanipour, 949.289.3365, [email protected] Project Dates: 2016–2017
Project Team and Responsibilities: George Litzinger, PE (Project Principal), John Griffin (Inspector) 414
Camino Vera Cruz Recycled Water Line Extension – Construction Management and Inspection Services 18 The City of San Clemente expanded its recycled water system by constructing multiple projects in three concurrent phases – Water Reclamation Plant Expansion and Pump Station (Project 1), Cordillera and Recycled Water Reservoirs and Pipeline Schedule III and IV (Project 2), and Pipeline Schedule I and II (Project 3). The treatment and effluent pumping system were expanded, almost 10 miles of recycled water transmission mains (6-inch to 20-inch PVC and ductile iron) were constructed, an existing reservoir converted, and new small reservoir constructed. These projects were funded from several federal and state grants and a Clean Water State Revolving Fund loan. The project was bid as three separate construction contracts.

Dudek provided corrosion protection engineering services and inspection on Project 1 (the City provided construction management on this project). Dudek also provided resident engineering, inspection, and specialty inspection on Projects 2 and 3, and handled required coordination with all interested parties involved in the projects, including several City departments and consultants for required special inspection, geotechnical engineering, environmental, engineering, traffic control plans, County Department of Health, and all utilities.

SPINNAKER BAY DRIVE WATER MAIN REPLACEMENT PROJECT PHASE 1 Client: Long Beach Utilities
Client Reference: Wendy Chen, 562.570.2300, [email protected] Project Dates: 2022 - 2023
Project Team and Responsibilities: George Litzinger, project manager; Jim Escutia, construction manager; Garrett White, stormwater QSP; Marius Jaskula, submittals
Dudek provided construction management services for the installation of new water lines and services within the Spinnaker Bay community in the City of Long Beach. The project consists of the installation of new 6-, 8-, and 12-inch diameter PVC waterlines replacing the old and deteriorated cast iron pipelines. Dudek coordinated with the HOA and residents throughout construction providing weekly updates regarding construction activities and potential impacts.

Dudek worked closely with the City’s staff and inspector to monitor and manage the contractor’s work. The project also included replacement of the community’s decorative concrete roadway intersections after installation of the pipelines. Matching the existing color of the concrete was a challenge and Dudek worked closely with the HOA representative and concrete suppliers to provide an acceptable color match.
415
Camino Vera Cruz Recycled Water Line Extension – Construction Management and Inspection Services 19

7. Project Schedule
Dudek is prepared to meet the construction schedule of 55 working days and will work with the contractor to develop a schedule that will complete the project within the 55 working days. 416
Camino Vera Cruz Recycled Water Line Extension – Construction Management and Inspection Services 20

8. Compensation
Table 1. Estimated Hours and Cost
Team Classification/Task Hourly Rate Hours Total
Construction Manager $190 120 $22,800
Inspection $165 440 $72,600
Direct Cost Budget $1,000
Total $96,400
Note:
* Based on 55 working Days
** This project needs an inspector for 8 hours while the contractor is working to handle coordination of service laterals/HOA questions and meter installations.
417
Camino Vera Cruz Recycled Water Line Extension – Construction Management and Inspection Services 21

9. Statement of Compliance
This proposal is in strict compliance with the Request for Proposal and Draft Agreement, and no exceptions to either are proposed.
418
Appendix A
Resumes
419
1 Ryan Ruiz, PE

CONSTRUCTION MANAGER
Ryan Ruiz has 14 years’ experience as a construction manager, inspector, office engineer, and field engineer. Ryan has experience working on wastewater treatment facilities, aboveground tank reservoirs, pump stations, police stations, wetlands, and park and street improvements. His duties typically include reviewing contractor’s schedules, progress payment applications, requests for information and submittals, design revisions, negotiating change orders, project safety, managing meeting agendas and minutes, and inspection of overall project work.

Project Experience
Cyprus Shore Grading, Storm Drain and Sewer Lift Station Improvement Project, City of San Clemente, California. Working as the construction manager for this $4.4 million project to install a new lift station wet well consisting of a 7- foot diameter precast reinforced concrete structure, isolation plug valve within a precast concrete valve vault, 1,200 linear feet of 6-inch high-density polyethylene force main replacement, and a flow meter within a meter vault. The project included dewatering system for the installation of the lift station wet well and lift station operational testing under normal and all emergency conditions, including simulated commercial power failure and operation through the standby generator including start-up and commissioning. Project required coordination with SoCalGas for gas line rerouting and installation, Southern California Edison for electrical transformer installation, and the homeowner’s association to retrofit the existing restroom building and roadways due to replacement of existing curb, gutter, sidewalk, and AC pavement. The project also includes various electrical and mechanical improvements.

Anita Street Sewer Lift Station and Beach Access Stairs Reconstruction Project, City of Laguna Beach, California.

Working as the construction manager for this $5.3 million project to replace the aging and deteriorating sewer lift station with a new ground submersible style sewer lift station. Project includes relocating the existing 70-kilowatt emergency natural gas generator to a new below ground concrete generator vault, rehabilitating the public beach access stairs at Anita Street, which includes new street improvements, landscaping, and a permanent lifeguard tower. The project included dewatering system for the installation of the lift station, coordination with SoCalGas for new natural gas service meter and service for relocated generator, coordination with Southern California Edison for a new 480-volt service meter, Marine Safety for environmental review and public safety, and Supervisory Control and Data Acquisition start up and commissioning.

Anaerobic Digester No. 3, Western Riverside County Regional Wastewater Authority, Corona, California. Worked as construction manager for this $6.7 million project to upgrade and expand facilities at the Western Riverside County Regional Wastewater Authority Treatment Plant. The project included construction of a new concrete digester with fixed steel cover; pump mixing system and all appurtenances, including piping, valves, gas safety equipment, instruments and hatches; installation of new membrane gas holding cover with associated blowers, piping, and gas safety equipment; installation of new digester heating equipment, including pumps and heat exchanger; and other civil, yard piping, mechanical, and electrical work including testing and startup.

Education
University of California,
San Diego
BS, Structural Engineering
Certifications
Professional Civil
Engineer (PE),
CA No. C86394
Certified Erosion,
Sediment and Storm
Water Inspector (CESSWI)
Cured-in-Place Pipe (ITCP)
Inspection Certification
Program
Pipeline Assessment
Certification Program
(PACP)
Manhole Assessment
Certification Program
(MACP)
420
2 Regional Treatment Plant Miscellaneous Improvement Project, South Orange County Water Authority, Laguna Niguel, California. Worked as the construction manager for this $4.1 million project to improve the safety, reliability, and performance of the existing treatment plant by upgrading equipment and facilities that are reaching the end of their service life or no longer performing reliably. The various facilities included the energy, administration, and headworks buildings; primary gallery and fan room; digester pump room; primary and secondary sedimentation basins; and roadways. The project also included various electrical and mechanical improvements.

Ross Booster Station Upgrades, Pasadena Water and Power, Pasadena, California. Worked as construction manager for this $1.5 million project to improve the reliability and performance of the existing pump station and to maintain water service from Metropolitan Water District of Southern California turnout to the City’s Eagle Rock reservoir. The project included work to install 12-inch ductile iron pipe and 12-inch cement mortar coated steel suction and discharge pipelines; install three 60-horsepower vertical inline potable water pumps; install new electrical transformers, meter section, main circuit breaker, manual transfer switch, motor control center, distribution panel, and control panel; modify roofing; install plumbing, fans, and lighting improvements; construct new overhead monorail and 1-ton integrated trolley hoists; perform miscellaneous site improvements; disinfect pump station and piping in accordance with local and state health department standards; and commission complete structural, mechanical and electrical systems as required for compliance with applicable building, fire, plumbing, mechanical, electrical, and energy codes.

Irvine Cove Sewer Lift Station Emergency Generator Installation Project, City of Laguna Beach, California. Worked as construction manager for this project, which included installation of a new subgrade pre-cast concrete vault housing a South Coast Air Quality Management District Certified Internal Combustion Engine 70-kilowatt emergency standby natural gas generator set and its associated accessories and appurtenances for automatic transfer switch; genset control panels; generator radiator exhaust shroud; engine exhaust; silencers; natural gas feed and meter equipment; vault power and control wiring, conductors, and panels; nuisance flow pumps; vault ventilation; access ladders and hatches; and more as indicated on the plan drawings.

Thermal Headwork Station Project, Coachella Valley Water District, Thermal, California. Worked as the project inspector for this $24 million project, which included restoration of existing wet well, construction of a new pump station, screen building, grit building, and various pumps and vaults, as well as monitoring best management practices and backfill and compaction operations. Was responsible for daily inspection reports and documenting photos of the various ongoing activities on site. Inspected all work by the contractor and subcontractors to ensure that work was completed per approved plans and specifications.

Sanitary Sewer Pump Station Replacement Project, City of Fontana, California. Worked as project inspector for this $1 million project, which included demolishing and constructing three different lift stations for the City of Fontana. Responsibilities included all inspections and assurance of work to be done per plan and specification, including the Motor Control Center room, pump room, generator and equipment pads, wet wells, AC pavement installation, sewer system, maintenance holes, and all control diagrams pertaining to the lift station operations.

Coordinated with the contractor and City representatives to ensure proper work and safety procedures.

Alhondra Sewer Main Rehabilitation Project, City of Compton, California. Provided inspection for 40,000 linear feet of cured in place pipe for Compton’s $2.5 million sewer main relining project. Duties included quality assurance inspection of the pre- and post-CCTV, lining installation inspection, stormwater pollution prevention plan implementation, maintenance hole rehabilitation and installation, traffic control inspection, and open trench point repairs.
421
1 George Litzinger, PE

PROJECT PRINCIPAL / CONSTRUCTION MANAGEMENT DIVISION MANAGER George Litzinger is a licensed civil engineer with 39 years’ experience in leadership and supervision in engineering and construction. As Dudek’s Construction Management Division Manager, Mr. Litzinger is responsible for all Dudek construction projects and programs covering both large and small projects with budgets of up to $100 million. His duties typically include managing construction staff and providing support in contract administration, cost management and control, scheduling, contract bidding/award, constructability reviews, field engineering, project management, claims management, and estimating.

Mr. Litzinger has managed a variety of projects for both private and public sectors, including water and sewage treatment plants, reservoirs, pump stations, pipelines, parks and golf courses, small dams, subdivisions, streets and roads, drainage projects, fire stations, and a variety of public buildings.

Project Experience
Water/Wastewater
Anaerobic Digester No. 3, Western Riverside County Regional Wastewater Authority, California. Served as project manager for this project to upgrade and expand facilities at the Western Riverside County Regional Wastewater Authority Treatment Plant. The project included construction of a new concrete digester with fixed steel cover, a pump mixing system, and all appurtenances, including piping, valves, gas safety equipment, instruments, and hatches; installation of new membrane gas holding cover with associated blowers, piping, and gas safety equipment; installation of new digester heating equipment, including pumps and a heat exchanger; and other civil, yard piping, mechanical, and electrical work, including testing and startup.

Railroad Canyon Water Reclamation Facility Yard Piping Modifications Project, Elsinore Valley Municipal Water District, Lake Elsinore, California. Served as project manager on this project that involved construction and modification of the Railroad Canyon Water Reclamation Facility’s aeration basins. The facility is a wastewater reclamation facility designed to treat an average daily flow of 1.3 million gallons per day. The basins were modified with new piping, pumps, electrical, and baffles to retain the sewage for the purpose of creating an “anoxic zone” to denitrify the sewage prior to reuse.

Recycled Water Pipeline Construction Management and Inspection, San Elijo Joint Powers Authority, Solana Beach, California. Served as project principal overseeing the construction management and inspection of a recycled water pipeline within the City of Solana Beach. The project was part of a larger sewer, water, arterial, and paving project, which had a tight schedule that required the completion of all construction in less than 6 months and involved various stakeholders, including the City of Del Mar, Del Mar Fairgrounds, San Elijo Joint Powers Authority, City of Solana Beach, and Santa Fe Irrigation District.

Education
United States
International University,
San Diego
BS, Civil Engineering,
1985
Certifications
Professional Civil
Engineer (PE), CA No.
47544
California Contractor
Engineering Class “A”
License No. 731744
Landscape License C-27
Professional Affiliations
Construction
Management Association
of America
American Society of Civil
Engineers
Building Industry
Association
Construction Industry
Federation
422
2 Assembly Bill 900 Medium-Security Facility Waterline Extension, County of Imperial, California. Served as project manager for this project that included installation of more than 5,000 linear feet of 12-inch C-900 PVC water line.

The project was a joint venture between the City of El Centro and the County of Imperial to provide fire flow and additional capacity serving the County’s new medium-security detention center and sheriff station. The project traversed several farm fields, subdivisions, a school, and existing roadways to “loop” the water system, providing sufficient pressure and capacity to the facility. A key aspect of the project was the constant coordination with detention facility and sheriff station personnel to allow access and temporary water service during construction.

Shutdowns for tie-ins were scheduled with strict timelines for completion so that outages were kept to a minimum.

The project was completed 1 month ahead of schedule and within budget.

Wastewater Treatment Plant Expansion Project, Goleta Sanitary District, California. The Dudek construction management team provided construction management and inspection services for a $30 million upgrade to the District’s wastewater treatment plant that services the cities of Goleta and Santa Barbara. It was the first major upgrade of the plant since 1985. Mr. Litzinger provided a constructability review of the project’s plans and specifications and evaluated the project for value-engineering opportunities. Project improvements included a new biofilter and secondary clarifiers, new sludge tanks and a flow equalization tank, and upgraded employee facilities.

Avenue 48 Wastewater Treatment Plant Expansion, City of Coachella, California. Dudek provided construction management and inspection of this 18-month, $30 million treatment plant expansion, which was funded by the State of California’s Revolving Fund Program. Mr. Litzinger and the construction management team performed a constructability review for this project and managed the bid process on behalf of the City. Dudek’s construction quality-assurance experts coordinated every aspect of the construction process with the contractor and provided inspection of all civil, structural, mechanical, and electrical/instrumentation work.

Water Recycling Demonstration Project, City of Anaheim, California. Served as project principal. Dudek provided construction management, inspection, and initial operation services. The project consisted of constructing a new state-of-the-art, 50,000-gallon-per-day treatment facility within a 2,000-square-foot building constructed adjacent to City Hall. The facility incorporated several treatment methods: membrane bioreactor, ozone, and ultraviolet disinfection to treat raw sewage into Title 22–compliant recycled water for toilet and irrigation use throughout the city. The project also included the construction of a new lift station and force main.

On-Call Construction Management Services, Ramona Municipal Water District, Ramona, California. Over a 6-year period, provided construction management services for more than $30 million worth of Ramona Municipal Water District capital improvement projects. These projects upgraded and expanded the District’s water system and increased capacity to higher elevations. Projects included San Vicente Storage Reservoir, Mt. Woodson Reservoir, San Vicente Treatment Plant, Dye Road Booster Pump Station, and Dye Road Pipelines.

Poway and Olive Street Pump Stations, Ramona Municipal Water District, Ramona, California. Responsible for construction management services for the Poway Pump Station and Olive Street Pump Station for the Ramona Municipal Water District. Construction management and inspection were provided for all aspects of construction, including grading, concrete, masonry, electrical, and instrumentation work. The Olive Street Pump Station is a new station that provides system pressure throughout the Ramona community. The station contains two new 40- horsepower and two new 20-horsepower vertical-turbine pumps. The Poway Pump Station is a high-pressure water booster station. This station included the installation of two new 900-horsepower vertical-turbine pumps into a building that was retrofitted to accept the new pumps. The pump station transfers water up a 400-foot grade to an open reservoir that serves the town of Ramona.
423
1 Jim Escutia, CCM

CONSTRUCTION MANAGER
Jim Escutia has 12 years’ experience in construction management of public works infrastructure projects. He worked as a construction manager and contract administrator for the City of Huntington Beach for 7 years, overseeing various types of projects, including sewer lining and lift stations; roadway rehabilitation; and traffic signal, park, and public building renovation projects.

He is a construction manager, resident engineer, and construction inspector on a wide range of public works and developer projects for Dudek.

Project Experience
Spinnaker Bay Drive Water Main Replacement Phase 1, Long Beach Utilities Department, Long Beach, California. Served as construction manager for this project that included installation of new water lines and services within the Spinnaker Bay community in the City of Long Beach. The project consisted of installing new 6-, 8-, and 12-inch diameter PVC waterlines to replace the old and deteriorated cast iron pipelines. Coordinated with the homeowners association (HOA) and residents throughout construction, providing weekly updates regarding construction activities and potential impacts. The project also included replacement of the community’s decorative concrete roadway intersections after installation of the pipelines. Matching the existing color of the concrete was a challenge, and Dudek worked closely with the HOA representative and concrete suppliers to provide an acceptable color match. (2022)
Relevant Previous Experience
Contract Administrator, Public Works, City of Huntington Beach, California. Served as contract administrator for the City for over 7 years. Directed a variety of construction projects managing the construction budget, negotiations, and project operations, ensuring quality adherence with construction standards. Attended meetings to discuss project details with contractors, owners, and other project stakeholders. Simultaneously administered multiple small- to large-scale projects and controlled yearly project budgets averaging 17 million. Reviewed the following capital improvement projects for constructability:
▪ Sewer Lift Station: The project consisted of the abandonment and demolition of an existing sewer lift station and construction and installation of a new 1,000-gallons-per-minute (gpm) submersible sewage lift station and force main. The project also included installation of a new gravity sewer, storm drain, and watermain and site restoration.
▪ Arterial Paving: The projects included rehabilitation of existing six-lane asphalt roadways with raised medians, sidewalks, landscaping, and traffic signal modifications. Several rehabilitation methods were used, including full-depth reclamation that consisted of stabilizing the roadway with a 13-inch cement treated subgrade.
▪ Residential Paving: The project consisted of slurry seal and asphalt concrete rehabilitation. This included pre-walks of the projects to verify estimated quantities, roadway mark-outs to identify asphalt removal Education
California State University,
Long Beach
BS, Construction
Engineering Management
Certifications
Certified Construction
Manager (CCM)
No. 10871
OSHA 10-Hour Confined
Space Safety and Training
Certification
Professional Affiliations
CMAA
ASCE
424
2 areas, and monitoring traffic control. Public outreach efforts included communicating with the residents, local businesses, area schools, and emergency services. ▪ Sewer Lining: This project involved construction oversite of the contractor installing 10,000 liner feet of 8- inch and10-inch cured-in-place sewer cleaning, pre-lining, lining, and post-lining video. Point repairs and manhole rehabilitations were also undertaken as part of this project. ▪ Traffic Signal Modifications: The projects consisted of modifying existing traffic signals, installing interconnect fiber, and adding Americans-with-Disabilities-Act (ADA)-compliant ramps. Various forms of state and federal funding reimbursements were part of the projects. ▪ Access Ramp Installations: Project elements consisted of constructing new sidewalks and ADA-compliant ramps to enhance accessibility and safety. Responsibilities included pre-construction meetings, reviewing construction activities, and other administrative tasks. 425
1 Corey Sharp

CONSTRUCTION INSPECTOR
Corey Sharp is a public works inspector with 6 years’ professional experience as a public works inspector, construction manager, and soils technician. Corey has experience in street improvements, wet and dry utility operations, stormwater pollution prevention plan/best management practices implementation and inspection, grading, pump stations, and tank reservoirs.

His duties include observation and inspection of construction activities, communication and collaboration with municipalities and contractors, and reviewing progress payments with construction manager to ensure payment requests are accurate with on-site progress.

Project Experience
Ross Booster Station Upgrades, Pasadena Water and Power, Pasadena, California. Working as the public works inspector for this $1.5 million project to improve the reliability and performance of the existing pump station and to maintain water service from Metropolitan Water District of Southern California turnout to the City’s Eagle Rock reservoir. The project includes installing 12-inch ductile iron pipe and 12-inch cement mortar coated steel suction and discharge pipelines; three 60-horsepower vertical inline potable water pumps; new electrical transformers, meter section, main circuit breaker, manual transfer switch, motor control center, distribution panel, and control panel; plumbing, fans, and lighting improvements; modify roofing; constructing new overhead monorail and 1-ton integrated trolley hoists; performing miscellaneous site improvements; disinfecting the pump station and piping in accordance with local and state health department standards; and commissioning complete structural, mechanical and electrical systems as required for compliance with applicable building, fire, plumbing, mechanical, electrical, and energy codes.

Riverview Gateway Environmental Impact Report, Shapouri & Associates, National City, California. Served as assistant environmental planner for a mixed-use redevelopment project consisting of 180,947 square feet of commercial building space, 643 residential dwelling units, a church, and community center. The project represents a catalyst for city redevelopment and revitalization by intensifying land uses and integrating commercial and residential development. Tasks included environmental analysis and environmental impact report (EIR) preparation, including cumulative impact analyses. The EIR is currently being prepared. (2021–Ongoing) Previous Project Experience
Public Works Inspector Intern, City of Menifee, Menifee, California. Conducted inspections of encroachment permit work within the city’s right-of-way, including traffic control compliance. Supported public works inspections related to grading, concrete, asphalt, and utility infrastructure. Participated in pre-job meetings with utility consultants and water districts to coordinate logistics and scheduling. Collaborated with city management on traffic signals, streetlights, signage, and striping. Applied knowledge of SWPPP procedures and BMP inspections, and maintained familiarity with the Green Book for Public Works Construction standards. (January 2017 - December 2019; November 2023 – January 2024)
Certifications
U.S. Army 25q
EMT
Coachella Valley AQMD
Certification
Nuke Gauge Certification
CPR Certification
OSHA 10 Certification
426
2 Lennar, Offsite Construction Manager, Corona, California. Led offsite construction efforts from planning through final approval, coordinating with engineers, consultants, and government agencies to ensure timely, cost-effective project delivery. Managed improvement plans, utility connections, traffic control, and right-of-way enhancements.

Oversaw safety inspections, stormwater programs, and final site acceptance. Prepared bid packages, reviewed proposals, and selected trade partners in alignment with budget and quality standards. Developed land cost budgets and maintained project databases. Scheduled and inspected contractor work to ensure compliance and performance. Collaborated across departments to streamline planning, promote quality management, and achieve division goals. (April 2022 – January 2024)
Lennar, Junior Construction Field Assistant, Corona, California. Supported the Construction Manager throughout all phases of residential construction, from trenching to final move-in. Supervised trade partners across rough, finish, and detail stages, ensuring quality standards were met through regular on-site inspections. Maintained accurate records of job changes, including option orders and purchase orders, and kept a detailed daily log of site activity and conflicts. Coordinated closely with Customer Care Representatives to prepare homes for walkthroughs and ensure timely completions and deliveries. Provided ongoing updates to the Customer Care Manager and assisted in maintaining a clean, organized job site. Performed various hands-on tasks and fulfilled additional responsibilities as assigned to support overall project success. (April 2021 – April 2022) ALTA Geotechnical, Soils Technician, Corona, California. Performed soils testing and inspection across land development projects in San Diego, Menifee, and Jurupa, supporting rough grading, wet/dry utilities, street improvements, and asphalt placement. Collaborated with graders and trade crews to observe and verify compaction of cuts and fills. Coordinated with site managers on backfills, retaining wall sub drains, subgrade prep, and sidewalk grading. Prepared and submitted detailed soil inspection reports to ensure compliance with project specifications. (February 2020 - April 2021)
427
1 John Griffin

CONSTRUCTION INSPECTOR
John Griffin (JON GRIF-fin; he/him) has 40 years’ experience providing project management, construction management, and inspection services in the public works sector. He worked with the City of Huntington Beach for most of that time, spending 23 years in the Engineering Division and 12 years in the Maintenance Division. His job duties with the City included contract administration, project management, inspection, and quality assurance of project plans and specifications for a wide variety of public works infrastructure projects. Projects have included sewer, water, lift stations, well sites, bridges, storm drains, grading, slope repairs, structures, utilities, and transportation.

John has extensive knowledge working with federal, state, and local funding sources and adhering to strict guidelines. He has a proven track record of effectively working with the public, agency staff, consultants, developers, contractors, and utility agencies.

John joined Dudek in 2019 after retiring from the City of Huntington Beach and currently provides construction inspection services on a variety of public works projects for various agencies throughout Southern California.

Project Experience
Annual Slurry Seal Projects, City of Laguna Beach, California. Provided on-site inspection services for two of the City of Laguna Beach’s annual slurry seal contracts (2020 and 2021). Each year, the City slurries approximately 200,000 square feet (SF) of streets within the City as part of its annual program. Worked with the contractor and residents daily to coordinate road closures and access to residents. The City received no complaints during either contract.

Marine Safety Building Seismic Retrofit, City of San Clemente, California. Provided on-site owner’s representative services on a very challenging seismic retrofit project for the City of San Clemente’s historic Marine Safety Building situated on the beach near the pier. The project consisted of new sheet pile bulkhead, concrete cutoff walls. armor mat slope protection. concrete piles, concrete beam repairs, roof framing repairs, wood deck/guard rail repairs, building siding repairs, parking lot improvements, and interior room renovations.

Storm Drain Trash Removal System, City of Huntington Beach, California. Provided construction management and oversight of inspections on the construction and installation of a storm trap removal structured device that intercepts from an existing 93-inch reinforced concrete pipe storm drain mainline conveying storm flows and urban runoff from a 382-acre watershed. Worked with contractors to successfully complete project specifications.

Sewer Lining and Manhole Rehabilitation Project, City of Laguna Beach, California. Provided on-site inspection for the rehabilitation of existing sewer pipes and manhole re-construction based on maintenance history and video inspection for this City’s sewer main lines as identified. Worked closely with the contractor to coordinate efforts for construction in front of residences and answering concerning questions from those residents.

Education
California State University,
Fullerton
Supervisor Development
Certificate
Certifications
International Municipal
Signal Association Work
Zone Safety
Professional Affiliations
American Public Works
Association
American Water Works
Association
CMMA
428
2 Central Library Americans with Disabilities Act Restroom Improvement Project, City of Huntington Beach, California. Provided project management duties and construction oversight for the complete rehabilitation and construction of existing restrooms, updating them to meet current Americans with Disabilities Act (ADA) standards.

This project included asbestos and lead contamination removals during demolition and complete restoration of plumbing, electrical, mechanical, and finish furnishings.

Annual Curb Ramp Project, City of Rancho Santa Margarita, California. Provided construction oversight and inspection for this City’s annual ADA transition plan with the installation of new ADA compliant ramps in their residential and commercial areas. Worked with the contractor, businesses, and residents daily to coordinate construction activities.

Annual Residential Maintenance Zone Concrete Replacement Project, City of Huntington Beach, California.

Provided on-site inspection services for the past three of the City of Huntington Beach’s annual zone maintenance concrete replacement contracts. Selected locations for concrete removals based on existing conditions and the provided budget and prior to the annual street paving contract. Worked with the contractor and residents daily to coordinate operations. Responded to resident inquiries and answered any questions or concerns they had.

Annual Residential Maintenance Zone Paving Project, City of Huntington Beach, California. Provided on-site inspection services for the past three of the City of Huntington Beach’s annual zone maintenance paving contracts. Each year, the City rehabilitates their residential neighborhood streets with approximately 25,000 tons of asphalt as part of its annual program. Worked with the contractor daily to coordinate construction activities and the residents answering their questions and concerns.

Annual Residential Maintenance Zone Slurry Project, City of Huntington Beach, California. Provided on-site inspection services for the past three of the City of Huntington Beach’s annual zone maintenance slurry seal contracts. Each year, the City slurries approximately 2,000,000 SF of streets as part of their neighborhood zone maintenance program. Worked with the contractor daily to coordinate construction activities and the residents answering their questions and concerns.

Relevant Previous Experience
Contract Administrator, City of Huntington Beach, California. Served for 6 years as the contract administrator for a variety of public works capital improvement projects and maintenance service contracts. Duties included writing city, state, and federally funded contracts; monitoring construction projects for adherence to federal and state labor laws; reading and interpreting blueprints, plans and specifications, and manuals; writing detailed reports; and maintaining accurate records. Tasks also included maintaining a well-articulated system for monitoring the progress of projects and programs as well as troubleshooting, analyzing, and resolving problems associated with construction contracts.

Senior Public Works Construction Inspector, City of Huntington Beach, California. Served as senior inspector for the City of Huntington Beach for over 12 years performing advanced journey-level inspection and contract administration of various types of municipal infrastructures, including the construction and rehabilitation of streets, water facilities, sewers, lift and pump stations, traffic signals, street lighting, beach facilities, parks, landscaping, irrigation systems, median construction, alleys, buildings, and bridges. Responsible for the training and oversight of lower-level inspection staff and assured that all federal, state, and local policies, laws, and regulations were met and that all Occupational Safety and Health Administration (OSHA) standards and safety practices followed.
429
1 Vincent Gaby, CEG, RG

CONSTRUCTION INSPECTOR
Vince Gaby has over 30 years’ experience in the fields of construction inspection and engineering geology. Mr. Gaby has provided geological mapping, interpretation, and analysis on numerous projects throughout San Diego County. He has extensive experience conducting geotechnical investigations to determine the impact of site conditions on proposed or existing public and private improvements. His work has involved the identification and analysis of geologic constraints such as landslides, seismic accelerations, ground rupture, liquefaction potential, and ground settlement. His experience includes the evaluation of groundwater intrusion into structural improvements. Mr. Gaby is directly involved in managing the day-to-day activities of West Coast Geotechnical Inc.

Project Experience
Mr. Gaby has provided services for various municipal projects throughout Southern California, including the following:
▪ 2018 Street Surface Seal Project, City of San Marcos
▪ Coast Boulevard and 22nd Street, City of Del Mar
▪ Avenida De Las Flores Slurry Seal, City of Rancho Santa Margarita ▪ FY 2018–2019 Annual Residential Slurry Seal Project, City of Rancho Santa Margarita ▪ La Jolla Indian Campground Flood Mitigation Project, La Jolla Indian Reservation ▪ FY 2017–2018 Street Repair and Maintenance Project, City of Escondido ▪ Rancho Santa Fe Road Rehabilitation Project, City of San Marcos ▪ FY 2015–2016 Street Repair and Maintenance Project, City of Escondido ▪ Channel Widening South of Grand Avenue, City of San Marcos ▪ Armorlite Drive Enhancement, City of San Marcos
▪ Borden Road Bridge, City of San Marcos
▪ Sunset Park, City of San Marcos
▪ Mission Sports Park, City of San Marcos
▪ Recycled Water Easterly Main Extension, City of Escondido ▪ Vista Verde Reservoir Replacement Phase II, City of Escondido ▪ Recycled Water Emergency Storage Pond, City of Escondido ▪ Southwest Sewer Replacement Project, City of Escondido ▪ Reed Reservoir, City of Escondido
▪ Vista Water Treatment Plant Chemical Storage Facility, City of Escondido Certifications
Certified Engineering
Geologist (CEG), CA
No. 1755
Registered Geologist (RG),
CA No. 5282
Certified Nuclear Gauge
Operator, Radiation
Safety Officer
430
1 Education
Palomar College, Public Works
Management
Supervisors Academy
Certifications
Caltrans Local Training
Assistance Program, Resident
Engineers Academy
National Redi-Mix Concrete
Association, Pervious Concrete
Installation
California State Water Board,
Qualified Stormwater
Practitioner (QSP)
Envirocert International,
Certified Erosion, Sediment
and Stormwater Inspector
International Municipal Signal
Association Certifications:
▪ Signs & Pavement
Markings Technician
Level 1
▪ Work Zone Temporary
Traffic Control Technician
NASSCO Certifications:
▪ Pipeline Assessment
Certification Program
▪ Manhole Assessment and
Certification Program
Cal/OSHA Certifications:
▪ OSHA 30 Certification
▪ Competent Person
▪ Excavation/Underground
▪ Certified Rigging
Professional Affiliations
San Diego Regional Standard
Drawings Committee, Drainage
Subcommittee Member
Perryn White, QSP

PUBLIC WORKS INSPECTION SUPERVISOR
Perryn White is a public works inspection supervisor with more than 30 years’ experience in the construction industry, focusing on the construction of water, wastewater, and storm drain facilities for public agencies and private developments. Mr. White has served as inspector and project superintendent in the construction of large- and small-scale capital improvement and private development projects. His knowledge also extends into the construction and inspection of roadwork, major earthwork, treatment plants, pump stations for potable and nonpotable distribution systems, and horizontal directional drilling. Duties included project management, review and approval of submittals and traffic control plans, public outreach, utility liason, monthly billing, progress payments, change orders, and review of as-built drawings.

Project Experience
Public Works Inspector/Supervisor, City of San Marcos, California. Served full time on staff for 7 years as a public works inspector for the City of San Marcos on public and privately funded projects. Also served for 6 years as the head of right-of-way permit processing for the City, issuing and enforcing right-of-way permits and examining conditions existing within rights‐of-way. Reviewed and approved traffic control plans and subsequent implementation of traffic control devices. Inspected single-family, multi-home developments, including grading and compaction of streets, curbs, gutters, sidewalks, driveways, retaining walls, drainage facilities, pipe and trench excavations, backfill, conduits, and water pollution prevention practices. Also served for 3 years as the project inspector for the City’s streets maintenance program. Assisted in coordinating the timing of work performed by subcontractors, such as soils engineering and survey parties. Obtained, reviewed, and filed documents related to construction, such as soils reports, materials testing results, survey documents, delivery tickets, and similar submittals.

Home Plant Lift Station and Force Main Replacement Project, City of Carlsbad, California. Served as construction inspector for a $2.8-million City of Carlsbad project to replace the failing existing station and increase emergency storage capacity and the drainage detention channel. The HLPS consists of a submersible lift station with a PVC-lined wet well, three 25- horsepower submersible pumps, a bubbler level control, an odor control bed, a new emergency generator, an emergency storage structure, influent sewer piping and manholes, a flow meter and valve/camlock vaults, new controls and an electrical panel located in the new control building, new site fencing, new and restored landscaping, recycled irrigation, and asphalt paving. The station is fed by an 18-inch influent sewer and pumps 431
2 into an 8-inch force main, which ultimately leads into the Vista/Carlsbad interceptor sewer. Force main improvements included 1,900 LF of 8-inch high-density polyethylene open-cut piping and 400 LF of 8-inch highdensity polyethylene horizontal directional drilling tunneling.

Carlsbad Desalination Conveyance Pipeline, Phase 1, San Marcos, California. The project consists of the construction of a water desalination plant in Carlsbad, including the installation of a 54-inch CML&C pipeline to POC at the San Diego County Water Authority aqueduct in San Marcos. Services included an on-site inspection, quality control, and quality assurance. Acted as liaison between the construction manager and the City Engineer, providing daily documentation, construction observation, strict adherence to contract plans and City of San Marcos specifications, observation and enforcement of stormwater pollution prevention plan requirements, and a public awareness program. Scheduled and reviewed the filing of Requests for Information, submittals, and traffic control plans.

Coastal Low Flow Diversion, City of San Diego, La Jolla, California. Work for this project consisted of the installation of SDR 35 PVC and reinforced concrete pipeline, the construction of concrete diversion structures, horizontal boring, and the installation of electronically controlled valving. All work performed was in accordance with City of San Diego Regional Standard Drawings. Mr. White was responsible for implementation and maintenance of construction in strict compliance with stormwater pollution prevention plan documentation per National Pollutant Discharge Elimination System requirements.

Barcelona St. Sidewalk Improvements, Spring Valley, California. Served as project superintendent for the installation of more than 300 LF of a capital improvement program retaining wall, sidewalk, curb, and gutter, with more than 1,000 LF of asphalt paving and structural repairs to existing street sections. Responsibilities included quality control, subcontractor coordination, estimating, traffic control, public outreach, and stormwater pollution prevention plan implementation.

Lakeside Fire Station, Lakeside Fire Protection District, San Diego County, California. Served as construction superintendent for the $1.5-million, 4-acre park project. The project required 150,000 cubic yards of mass grading; 1,000 LF of a capital improvement program retaining wall, storm drains, irrigation, and landscaping; and the installation of underground utilities, including storm drain catch basins, concrete sidewalks, curbs and gutters, and structural repairs to existing street sections. Responsibilities included quality control and quality assurance, co-coordination of the geotechnical engineer, reviewing change orders and progress payments, and providing daily construction photos and documentation of construction activities performed. 432
800.450.1818 | [email protected]
DUDEK.COM
433
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: November 4, 2025 Agenda Item: 11E.

Submitted By: Public Works
Prepared By: Belgin Cuhadaroglu, Senior Civil Engineer
Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO Q&E

PIPELINE COMPANY FOR THE CAMINO VERA CRUZ RECYCLED WATER LINE EXTENSION, CIP PROJECT NO. 17407, AUTHORIZING THE CITY MANAGER TO EXECUTE THE

CONSTRUCTION CONTRACT, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM ..body THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Fiscal Impact:

The estimated total construction cost of $597,000 is within the approved budget of $1,868,428 from Account No. 052-467-45300-000-17407, Camino Vera Cruz Recycled Water Line Extension, Phase II, Water Acreage Fee Reserve Fund.

Summary:

Before the City Council is the award of a construction contract to Q&E Pipeline Company, in an amount not to exceed $507,000, for the Camino Vera Cruz Recycled Water Line Extension.

Due to high demand for recycled water conversion within the Forster Ranch Home Owners Association’s (HOA) areas, approximately 402 linear feet of recycled water line pipes and three irrigation meters will be installed, at the intersection of Camino de Los Mares and Camino Vera Cruz, to provide recycled water to reduce the use of imported potable water from the Metropolitan Water District of Southern California.
1 Attachment 3
434
Meeting Date: November 4, 2025 Agenda Item: 11E.

CITY OF SAN CLEMENTE
Background:

Upon completion of the City’s recycled water expansion, Phase I, in 2014, there was one remaining area within Forester Ranch that provided approximately 10.5 acre-feet of water use adjacent to an existing recycled water line. City staff coordinated with the homeowners association and determined the best location to install additional new meters for conversion of the private irrigation system to recycled water. The project is recommended at this time prior to the paving of the Camino De Los Mares/Camino Vera Cruz intersection. Approximately 402 linear feet of pipeline and 3 irrigation meters will be installed to provide additional recycled water, as shown below.

The City originally conducted formal
competitive bidding for the Camino
Vera Cruz Recycled Water Line
Extension and received bids on May
5, 2025; however, after further
evaluation, staff recommended to
re-scope the bid package and re-bid
the project with a scope of work that
will better address the potential
conflicts with underground utilities.

On June 3, 2025, the City Council
approved rejecting the bids received
on May 5, 2025, and directed staff
to re-bid the project.

Staff modified the scope of work and prepared a bid package for the Camino Vera Cruz Recycled water line extension, notified local contractors, advertised the project for competitive bidding on the PlanetBids website, and in the San Clemente Times. Four bids were received on October 16, 2025, ranging from $507,000 to $884,676 as shown on the table below.

Company Name Company Location
Bid
Amount
Q&E Pipeline Company Pomona, CA $507,000
O'Connell Engineering &
Construction, Inc. Winchester, CA $591,875
Big Ben Engineering Irvine, CA $597,890
Alliance Diversified Escondido, CA $884,676
The lowest responsive and responsible bidder is Q&E Pipeline Company of Pomona, California, in the amount of $507,000. Based on the lowest bid, the estimated total construction cost for this project is as follows:
2 HOA (2. ◄ AFY) DE LOS MARES
I
I
I
~

CAMINO VERA CRUZ
435
Meeting Date: November 4, 2025 Agenda Item: 11E.

CITY OF SAN CLEMENTE
Construction Administration, Management and Inspection $ 90,000 Construction $507,000
Estimated Total Construction Cost $597,000
As required by state law and City policy, the contractor, Q&E Pipeline Company will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 2). Project plans and specifications are on file in the City Clerk’s office.

Council Options:
 Adopt Resolution No. 25-169 (Attachment 1), finding the project categorically exempt from the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures, 14 CCR Section 15303) of the State CEQA Guidelines, awarding the construction contract to Q&E Pipeline Company, and authorizing the City Manager to execute a construction contract in an amount not to exceed $507,000.  Modify and adopt Resolution 25-169.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 25-169 and put the project on hold.

Environmental Review/Analysis:

This Project was determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Section 15303 of the state CEQA Guidelines, Class 3 (New Construction or Conversion of Small Structures), 14 CCR Section 15303).

Recommended Actions:
..recommendation
Staff recommends that the City Council adopt Resolution No. 25-169, which will:

1. Find the Camino Vera Cruz Recycled Water Line Extension, Project No. 17407, categorically exempt from CEQA under Class 3 (New Construction or Conversion of Small Structures, 14 CCR section 15303) of the State CEQA Guidelines;

2. Award a contract to Q&E Pipeline Company, as the lowest responsible and responsive bidder, for the Camino Vera Cruz Recycled Water Line Extension, CIP Project No. 17407; and

3. Authorize the City Manager to execute a contract with Q&E Pipeline Company in an amount not to exceed $507,000 in a form substantially similar to Contract No. 25-54 (Attachment 2) for Camino Vera Cruz Recycled Water Line Extension, CIP Project No. 17407. ..end
Attachment:

1. Resolution No. 25-169

2. Contract No. C25-54 (without attachments)
Notification:

All Bidders.
4363
Attachment 1
4882-9904-3949 v1
RESOLUTION NO. 25-169

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT TO Q&E PIPELINE

COMPANY FOR THE CAMINO VERA CRUZ RECYCLED
WATER LINE EXTENSION, CIP PROJECT NO. 17407 IN AN
AMOUNT NOT TO EXCEED $507,000, AUTHORIZING THE

CITY MANAGER TO EXECUTE THE CONSTRUCTION

CONTRACT, AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, recycled water customers account for approximately 15% of the City's overall water demand and utilize approximately 1,200-acre feet per year of recycled water.

WHEREAS, the City's customer use of recycled water reduces the City's need for potable imported water from the Metropolitan Water District of Southern California; and WHEREAS, extension of an existing recycled water line will provide recycled water to three meters for an annual demand of approximately 10.5 acre feet of recycled water and this area was previously identified as a high water use; and WHEREAS, due to high demand adjacent to an existing recycled water line in Camino Vera Cruz within Forster Ranch, approximately 402 linear feet of recycled water pipe lines and three irrigation meters will be installed; and WHEREAS, the City originally conducted formal competitive bidding for the Camino Vera Cruz Recycled Water Line Extension and received bids on May 5, 2025; and
WHEREAS, after further evaluation, staff recommended to re-scope the bid package and re-bid the project with a scope of work that will better address the potential conflicts with underground utilities; and
WHEREAS, on June 3, 2025, the City Council approved rejecting all bids received on May 5, 2025, and directed staff to re-bid the project with the modified scope of work; and
WHEREAS, the City conducted formal competitive bidding for the Camino Vera Cruz Recycled Water Line Extension with the modified scope of work; and WHEREAS, on October 16, 2025, the City received four (4) bids ranging from $507,000 to $884,676 for the Project; and
WHEREAS, the lowest responsive and responsible bidder was Q&E Pipeline Company of Pomona, California, in the amount of $507,000; and 4374
Resolution No. 25-169 Page 2
WHEREAS, this project is determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Section 15303 of the state CEQA Guidelines, Class 3 (New Construction or Conversion of Small Structures, 14 CCR 15303).

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

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

SECTION 2. That the project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures, 14 CCR section 15303) of the State CEQA Guidelines because it consists of construction of utility extensions of reasonable length and there is no possibility of a direct or reasonably foreseeable indirect substantial impact on the environment.

SECTION 3. That the City Council finds that Q&E Pipeline Company is the lowest responsive and responsible bidder, and the construction contract for the Camino Vera Cruz Recycled Water Line Extension, CIP Project No. 17407, is hereby awarded to Q&E Pipeline Company.

SECTION 4. That the City Manager is authorized and directed to execute a construction contract for the Camino Vera Cruz Recycled Water Line Extension, CIP Project No. 17407 with Q&E Pipeline Company in an amount not to exceed $507,000 in a form substantially similar to that presented to City Council on November 4, 2025.

SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _________ day of ______________, 2025.

ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 4385
Resolution No. 25-169 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. 25-169 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _____ day of ______, 2025, by the following vote:

AYES:

NOES:

ABSENT:

CONTRACT
THIS CONTRACT is made this _____ day of _________, 2025, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and Jesus Lopez dba Q&E Pipeline Company, a sole proprietorship located at 2235 Marquette Ave, Pomona, CA 91766 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract. City and the Contractor for the considerations stated herein agree as follows:

Camino Vera Cruz Recycled Water Line Extension, CIP Project No. 17407 The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within fifty (50) working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract and the Work, which includes everything that is reasonably foreseeable related thereto, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Five Hundred Seven Thousand ($507,000). Payment shall be made as set forth in the General Conditions.

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

Contract
Table of Contest
4407
55452.01510\32905704.2 2
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Non-Collusion Declaration Form
Contractor Information and Experience Form
List of Subcontractors Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Addenda
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

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

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

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

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

4418
55452.01510\32905704.2 3

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

Jesus Lopez dba Q&E PIPELINE COMPANY,
a sole proprietorship
(“CONTRACTOR”)
By:_____________________________
Jesus Lopez, CEO/CFO
Dated: __________________, 2025

END OF CONTRACT
4429
From: Cuhadaroglu, Belgin
To: "[email protected]"; George Litzinger ([email protected]); "Chad Harden"; "[email protected]"; "[email protected]"; "Stelea, Ciprian"
Cc: Chamorro, Augusto; Amir Ilkhanipour
Subject: RFP-Construction Management for Vera Cruz Recycled Water Line Extension-PN-17407 Date: Thursday, October 30, 2025 12:08:00 PM
Attachments: PN 17407 Reduced Size Const Dwgs Sept 2025.pdf The City of San Clemente (City) is interested in receiving proposals from Professional Service Consultants to provide Construction Management and Inspection Services for the “Vera Cruz Recycled Water Line Extension” Project, Project No. 17407 The proposals are due on 11/13/2025, before 4:00 p.m.

Scope:

The scope of work includes; installation of approximately 142 linear feet of 4” D.I.P. and 314 linear feet of 6” D.I.P. Recycled Water pipes and its connection to existing recycled water pipe line in the City of San Clemente, CA. The general method of the recycled water construction work includes installation of Cathodic Protection, service laterals and meters, D.I. valves and fittings, and Blow-Off and Air Vac assemblies. The work also includes trench excavation & restoration, removal & restoration of concrete paved surface, and traffic control. There is a potential for night work.

Background:

The City will be entering into contracts for construction of the proposed work. The City is requesting assistance to ensure the construction of this project conforms to the designed plans and specifications.

Attachment 4
443
The project is anticipated to start by in mid-January 2026 and continue for a period of approximately 55 working days. The city will provide design support services during construction which will include review and disposition of structural project shop drawings, providing clarifications to design related questions and site visits as needed to resolve project related issues.

Construction Management and Inspection Services to be provided include:

1. Manage and administer project construction contract.

2. Negotiate and resolve construction contract disputes.

3. Evaluate and prepare change orders.

4. Prepare and administer project biweekly progress meetings.

6. Coordinate additional review and disposition of structural construction shop drawings and design clarification requests with the design engineer and the City as applicable.

7. Monitor contractor’s compliance with Water Quality BMP’s.

8. Provide daily inspection of construction activities for compliance with plans and specifications, provide daily reports, coordinate and obtain required testing performance and test results.

9. Review and recommend the City for approval contractor’s pay requests.

10. Coordinate and assist in resolution of citizen concerns and complaints related to the project.

11. Compile and maintain project as-built drawing, photos and all construction related documentation to provide to the City upon completion of the project.

Attachments:
https://www.dropbox.com/scl/fo/fqqpvfziwm05m879mt7z1/AGuHsiRL0_LisPgSWDLEPAs? rlkey=ahjgt7688l6eqg92mrvmz0154&st=mzvwoo3k&dl=0
A. Contract Documents / Project Specification
B. City of San Clemente Use Agreement
C. A sample Professional Consultant Services Agreement
D. Proposal Instructions
If you are interested, please provide proposals based on 55 working days, 1.5-hours average of Construction Management per day and 4-hour daily Inspections. We would like to receive proposals no later than November 13, 2025. A sample Professional Consultant Services Agreement is attached for your information.

Lowest Bidder for the project is “Q&E Pipeline Company” and construction Cost:$507,000.

The project is expected to start in mid-January 2026.

Should you have any questions, please contact me.

Thank you.
-Belgin
444
Belgin Cuhadaroglu, P.E. | City of San Clemente
Assoc. Civil Engineer | 910 Calle Negocio, CA 92673
office: 949.361.6128 | cell: 949.426 3138 | facsimile: 949.361.8316 e-mail: [email protected]
445
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: December 9, 2025 Agenda Item: 11K.

Submitted By: Public Works
Prepared By: Amir K. Ilkhanipour, Principal Civil Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO BIG BEN, INC. FOR THE PICO / PRESIDIO DIP REPLACEMENT PHASE II, CIP PROJECT NO. 13411, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT IN AN AMOUNT NOT TO EXCEED $1,297,284, AND APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $872,000 FROM THE WATER FUND DEPRECIATION ..body RESERVE
Fiscal Impact:

The total estimated construction cost is $1,382,284. The current available project funding is $640,560; therefore, a supplemental appropriation in the amount of $872,000 is recommended from the Water Fund Depreciation Reserve into project Account Number 052-466-45300-000- 13411.

Summary:

The City Council is being asked to consider adoption of a resolution (Attachment 1) to authorize the award and execution of a construction contract with Big Ben, Inc. for completion of the Pico / Presidio DIP Replacement.

The City’s original contractor Diamond
Construction and Design initiated the project to
install and replace an eight-inch water main,
together with additional ancillary improvements,
located in the Gateway Village Plaza near the
intersection of Avenida Pico and Avenida
Presidio. The original contract is no longer in
place and a new contractor, Big Ben, Inc., is
being recommended to complete the project,
which includes connection of commercial
services to the new eight-inch water main,
installation of new fire hydrants and other
appurtenances, commissioning of the new
water system, abandonment of the original pipeline, trench restoration and the re-construction of concrete pathways for both pedestrian and vehicular travel.

Background:

The waterline and appurtenances in the Gateway Village Plaza parking lot have met the end of their useful life, have experienced numerous failures over the past several decades and are in 446
Meeting Date: December 9, 2025 Agenda Item: 11K.

CITY OF SAN CLEMENTE 2
need of replacement. The waterline was constructed in the early 1990’s with ductile iron pipe in highly corrosive soils. The pipeline was not encased in polyethylene to protect the system from corrosion, nor were any other cathodic protection measures put in place. Numerous failures have occurred in recent years and the pipeline required replacement with a non-corrosive polyvinyl chloride (PVC) pipe.

On October 15, 2024, the City Council awarded an initial contract to Diamond Construction and Design. A portion of the project was completed prior to the need for the City to terminate the contract and rebid the remainder of the work. The contractor installed approximately 2,000 linear feet of new polyvinyl chloride (PVC) pipeline and some appurtenances, but a significant portion of the project remains unfinished.

The work remaining to complete the project includes: the installation of new fire hydrants, fire service lines, air valves, commissioning of the new water system, trench restoration, reconstruction of concrete pathways for both pedestrian and vehicular travel and the optional sliplining of existing pipelines in difficult locations to excavate. Upon the completion of these items, the old waterline will be abandoned, filled with slurry and all services located at the property will be serviced via the new PVC pipeline. Construction is scheduled to occur during nighttime hours to minimize disruption to the businesses within the commercial center.

Staff prepared a bid package, notified local contractors and advertised the remaining work for competitive bidding on the PlanetBids website and in the SC Times. Bids were opened on November 12, 2025. The bids ranged from $1,297,284 to $2,098,160 (see Table 1. Bid Summary below.) According to the San Clemente Municipal Code section 3.40.030 (E) regarding the Local Vendor Preference for a sealed bid, the seven percent preference amount cannot exceed $150,000. After applying the $150,000 local preference, the GCI Construction, Inc. bid, as a local contractor, is reduced to a base bid $1,224,542 and a base and alternate bid of $1,412,342, which is higher than the $1,097,125 base and $1,297, 284 base and alternate bid submitted by the lowest responsive bidder, Big Ben, Inc.

Table 1. Bid Summary
Vendor Name City Base Bid
Amount
Base Bid and
Alternate
Big Ben, Inc. Orange, CA $1,097,125 $1,297,284
GCI Construction, Inc. San Clemente,
CA $1,374,542 $1,562,342
T.E. Roberts, Inc. Irvine, CA $1,589,620 $1,899,346
Elegant Construction, Inc. Irvine, CA $1,688,160 $2,098,160 Based on the lowest Base Bid plus the Alternate Bid (Attachment 3) for the slip-lining of existing ductile iron pipe located in hard to excavate areas of roadway, the total estimated project construction cost is summarized below:
447
Meeting Date: December 9, 2025 Agenda Item: 11K.

CITY OF SAN CLEMENTE 3
Construction Administration, Management
and Inspection $ 85,000
Construction Contract 1,297,284
Total Estimated Construction Cost $ 1,382,284
As required by state law and City policy, the contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract. Project plans and specifications are on file in the City Clerk’s office.

Council Options:
 Adopt Resolution No. 25-197 (Attachment 1), awarding the Pico / Presidio DIP Replacement Phase II to Big Ben, Inc.; authorizing the City Manager to execute a construction contract in an amount not to exceed $1,297,284.
 Modify and adopt Resolution No. 25-197.
 Continue the item and direct staff to provide additional information.  Do not award the contract or construct the Pico / Presidio DIP Replacement Phase II project.

Environmental Review/Analysis:

This project was previously found to be categorically exempt from the California Environmental Quality Act (CEQA) as it pertains to replacing an existing utility under Class 2 of the state CEQA Guidelines, Section 15302 – Replacement or Reconstruction. A notice of exemption was filed and attached to the Staff Report dated October 15, 2024.

Recommended Actions:
..recommendation
Staff recommends that the City Council adopt Resolution No. 25-197, which will:

1. Approve a supplemental appropriation, in an amount of $872,000, from the Water Depreciation Reserve into the project Account Number 052-466-45300-000-13411;

2. Award a construction contract to Big Ben, Inc., as the lowest responsible bidder, for the Pico / Presidio DIP Replacement Phase II, CIP Project No. 13411; and

3. Authorize the City Manager to execute a contract with Big Ben, Inc., in an amount not to exceed $1,297,284, in a form substantially similar to Contract No. C25-XX (Attachment 2) for the Pico / Presidio DIP Replacement Phase II, CIP Project No. 13411. ..end
Attachments:

1. Resolution No. 25-197

2. Contract No. C25-64 (without attachments). The contract in its entirety is available at the City Clerk’s office.

3. Contractor’s Bid and Notice of Inviting Bids
448
Meeting Date: December 9, 2025 Agenda Item: 11K.

CITY OF SAN CLEMENTE 4
Notification:

All Bidders.
449
Attachment 1
4882-9904-3949 v1
RESOLUTION NO. 25-197

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A
CONSTRUCTION CONTRACT BIG BEN, INC. FOR PICO /

PRESIDIO DIP REPLACEMENT PHASE II, CIP PROJECT
NO. 13411; AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT IN AN AMOUNT OF
$1,297,284 AND APPROVING A SUPPLEMENTAL
APPROPRIATION OF $872,000 FROM THE WATER

DEPRECIATION RESERVE
WHEREAS, the waterline and appurtenances in the Gateway Village Plaza parking lot have met the end of their useful life and are in need of replacement; and WHEREAS, on October 15, 2024, the City Council awarded a contract to Diamond Construction and Design (Diamond), who installed approximately 2,000 linear feet of new polyvinyl chloride (PVC) pipeline and some appurtenances; and WHEREAS, a replacement contractor is needed to complete the project; and WHEREAS, City staff prepared a bid package for the remaining work and conducted formal competitive bidding for the Pico / Presidio DIP Replacement Phase II project, and on November 12, 2025, the City received four Base Bids and Alternate Bids ranging from $1,297,284 to $2,098,160; and
WHEREAS, the lowest responsive and responsible bidder was Big Ben, Inc. of Orange, California, based on the Base Bid, in the amount of $1,097,125; and WHEREAS, a supplemental appropriation, in an amount of $872,000, is required from the Water Depreciation Reserve into the project Account Number 052-466-45300- 000-13411; and
WHEREAS, on October 15, 2024, the City Council found the project to be categorically exempt from the California Environmental Quality Act (CEQA) as it pertains to replacing an existing utility under Class 2 of the state CEQA Guidelines, Section 15302 – Replacement or Reconstruction.

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

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

SECTION 2. That a supplemental appropriation, in an amount of $872,000, is approved from the Water Depreciation Reserve into the project Account Number 052- 466-45300-000-13411.
450
Resolution No. 25-197 Page 2
4882-9904-3949 v1
SECTION 3. That the construction contract for the Pico / Presidio DIP Replacement Phase II, CIP Project No. 13411, is hereby awarded to Big Ben, Inc., as the lowest responsive and responsible bidder, based on the “Base Bids”.

SECTION 4. That the City Manager is authorized and directed to execute a construction contract with Big Ben, Inc. in an amount not to exceed of $1,297,284 for the Pico / Presidio DIP Replacement Phase II, CIP Project No. 13411, in a form substantially as presented to City Council on December 9, 2025.

SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, 2025.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
451
Resolution No. 25-197 Page 3
4882-9904-3949 v1

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-197 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:

CONTRACT
THIS CONTRACT is made this _____ day of _________, 2025, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and Big Ben, Inc., a California corporation, hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

PICO / PRESIDIO DIP REPLACEMENT PHASE II, PN 13411
The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within THIRTY (30) WORKING DAYS from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract and the Work, which includes everything that is reasonably foreseeable related thereto, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Million, Two-Hundred Ninety-Seven Thousand, Two Hundred and Eighty-Four Dollars ($1,297,284). Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of Two Thousand Dollars ($2,000) for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

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

Notice Inviting Bids
Instructions to Bidders
Bid Form
453
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Non-Collusion Declaration Form
Contractor Information and Experience Form
List of Subcontractors Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

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

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

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
454
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

Big Ben, Inc., a California
corporation,
(“CONTRACTOR”)
By:_____________________________
Sepehr Sharifi, CEO/CFO
Dated: __________________, 20____
By:_____________________________
Jennifer Sharifi, Secretary
Dated: __________________, 20____

END OF CONTRACT
455
$WWDFKPHQW
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
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: December 9, 2025 Agenda Item: 11L.

Submitted By: Finance and Administrative Services
Prepared By: Brian Brower, Chief Administrative Officer Subject:
..titl e
CONSIDERATION OF RESOLUTION NO. 25-198 AWARDING A SOFTWARE AS A SERVICE AGREEMENT TO TYLER TECHNOLOGIES, INC. FOR ENTERPRISE RESOURCE PLANNING

SOFTWARE IMPLEMENTATION AND ONGOING SUBSCRIPTION SERVICES, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ..body Fiscal Impact:

The total amount of the project is not to exceed $1,849,375 over a five-year period, which includes implementation, training, and subscription fees. The implementation and year-one subscription costs are within the Fiscal Year 2025-26 Adopted Budget in the Information Technology Fund, Account Number 063-241-45450. Future years will be funded through the regular annual budget process. The agreement also includes an option for the City to extend the term for two additional one-year periods.

Summary:

City staff conducted a Request for Proposals (RFP) process to implement a new Enterprise Resource Planning (ERP) system with the goal of migrating to a modernized, vendor-supported system to manage the City’s Financial, Human Resources, and Utility Billing processes.

Resolution No. 25-198 would award, and authorize the City Manager to execute, a Software-as-aService (SAAS) Agreement with Tyler Technologies, Inc. (Tyler) in an amount not to exceed $1,849,375 to provide for the implementation, training and ongoing subscription of the Tyler ERP System, including a broad array of Financial, Human Resources, and Utility Billing components.

The agreement includes a one-time cost of $684,000.00 for professional implementation services and annual subscription fees of $227,595.00 per year, which include ongoing system maintenance, support and hosting. The agreement provides for an estimated $27,400 for travel and miscellaneous expenses for Tyler consultants during the implementation process. In addition, there is a provision for two (2) optional one-year extensions after the initial five-year term with a maximum 3% cost increase, to be exercised at the discretion of the City Manager.

Background:

For approximately 25 years, the City of San Clemente has utilized the Tyler Eden ERP system (Eden) to manage the City’s Financial, Human Resources, and Utility Billing processes. While Eden has served the City well for over two decades, it lacks many modern functions and efficiencies, and most importantly, will no longer be supported by the vendor after March of 2027.

Vendor support is vital to any mission-critical software system, as the vendor is obligated to address cybersecurity concerns as they arise, provide functional improvements, protect against instability, and ensure system recovery in the event of failure throughout the life of the system. 497
Meeting Date: December 9, 2025 Agenda Item: 11L.

CITY OF SAN CLEMENTE 2
An effective, vendor-supported ERP system is essential to the internal administrative functions of the City organization, as well as delivery of services to the public.

Discussion:

On May 30, 2025, the City released a Request for Proposals (RFP), seeking qualified and experienced vendors to provide an Enterprise Resource Planning and Utility Billing System and the professional services necessary for a successful implementation. The RFP opportunity was advertised on PlanetBids for four weeks, closing on June 27, 2025. The five proposals received through the RFP process were reviewed by an evaluation panel, which consisted of the Finance Manager, IT Manager, Utility Billing/Revenue Supervisor, and Accounting Supervisor. The panel identified two preferred vendors who submitted proposals that included both comprehensive ERP and integrated Utility Billing solutions: 1) Tyler Technologies, Inc. and 2) Oracle, Inc. (Oracle). No proposals were submitted by local vendors and staff is not aware of any local company with the necessary expertise.

The table below includes vendor name, location, and proposal ranking as determined by the evaluation panel:

Vendor Name Location Proposal
Ranking
Tyler Technologies Yarmouth, ME 1
Oracle Redwood Shores, CA 2
Spry Point Charlottetown, PE,
Canada
3 Muni-Link Bellwood, PA 4
Santa Margarita Water District Rancho Santa Margarita,
CA
5 City staff met with each of the top two vendors for full-day interviews that were comprised of detailed presentation/demonstrations of their respective proposed solutions and questions from City Staff. The interviews were conducted by an expanded committee consisting of the evaluation panel, Assistant City Manager, as well as a number of subject matter experts representing various City Divisions.

The proposals and presentation/demonstrations were evaluated and ranked in accordance with the RFP evaluation criteria. The committee selected Tyler as the preferred solution based on their understanding of the project, completeness and quality of the proposed solution, experience and capability in providing ERP software solutions tailored to municipal government entities, and overall responsiveness to the elements within the RFP. Tyler was determined to be the best overall solution for the City and the price is fair and reasonable.

For over 20 years, Tyler has focused exclusively on solutions for local government clients. The maturity of Tyler Enterprise ERP, and proven success record, is demonstrated with over 300 customers in California, over 100 of which have been successfully migrated from Eden to the proposed system. Migrating from Eden to Tyler ERP is anticipated to have a transformational effect on the organization, providing significant improvements to process efficiency and automation. The system integrates financials, payroll, human resources, procurement, and 498
Meeting Date: December 9, 2025 Agenda Item: 11L.

CITY OF SAN CLEMENTE 3
revenue and utilities management, providing a unified solution that will not only replace the legacy ERP, but other third-party systems and obsolete in-house software applications that are currently utilized for employee evaluation tracking, online bill payments, and other functions.

Tyler proposes a proven implementation methodology, with the objective of a seamless migration from the current system. Tyler has extensive experience with respect to data migration from Eden, and takes the lead role in legacy database extraction and importing the data into the new system. The Tyler solution will provide greater efficiency in the production of the Annual Comprehensive Financial Report (ACFR), the Biennial Budget, and other financial reports.

Transparency will be enhanced with implementation of a constituent-friendly visualizations of the City’s budget and spending.

The evaluation panel sought a stable, well-established vendor to fulfill the current and future needs of the City, with consideration given to municipal experience, cost, quality, functionality, and reliability. While fiscal responsibility is essential, cost alone is not the sole determining factor in selecting the vendor of choice. Throughout their proposal and demonstrations, Tyler was able to clearly illustrate that their migration process and system functionality align with the City’s current needs. Just as important, end-user feedback from City Staff confirmed that Tyler best met staff needs, reinforcing confidence that the choice supports transparency, efficiency and longterm value.

A cost breakdown of the project is provided below:

Tyler Oracle
One-Time Professional Services $684,000 $873,000
Travel and Miscellaneous Expenses $27,400 Not provided
Annual Subscription Fees (5 Year Total) $1,137,975 $725,204.08 Five Year Total $1,849,375 *$1,598,204.08
*Oracle did not provide specific amount for travel
Council Options:
 Adopt Resolution No. 25-198 (Attachment 1) awarding and authorizing the City Manager to execute the Software as a Service Agreement with Tyler Technologies for the implementation and ongoing subscription of the Tyler Enterprise Resource Planning system in an amount not to exceed $1,849,375 over a five-year period, and authorizing the City Manager to approve two one-year extensions with a maximum annual increase of 3%.  Modify and adopt Resolution No. 25-198.
 Continue the item with direction to provide additional information.  Do not adopt Resolution No. 25-198.

Environmental Review/Analysis:

Not a “project” under the California Environmental Quality Act. 499
Meeting Date: December 9, 2025 Agenda Item: 11L.

CITY OF SAN CLEMENTE 4
Recommended Actions:

Staff Recommendation
..recommendation
Adopt Resolution No. 25-198, which would:

1. Award a Software as a Service Agreement to Tyler Technologies, Inc. for the implementation, training, and ongoing subscription and support of the Tyler Enterprise Resource Planning system; and

2. Authorize the City Manager to execute the Software as a Service Agreement in an amount not to exceed $1,849,375 over an initial five-year term, in a form substantially similar to that presented to the City Council on December 9, 2025, with two additional one-year extensions exercisable in the City Manager’s discretion with a maximum annual increase of 3%. ..end
Attachment:

1. Resolution 25-198

2. Proposed Software as a Service Agreement with Tyler Technologies, Inc. for the implementation, training, and ongoing subscription and support of the Tyler Enterprise Resource Planning system
Notification:

Tyler Technologies
Oracle
Spry Point
Muni-Link
Santa Margarita Water District
500
Attachment 1
RESOLUTION NO. 25-198

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A SOFTWARE

AS A SERVICE AGREEMENT TO TYLER TECHNOLOGIES,
INC. FOR ENTERPRISE RESOURCE PLANNING

SOFTWARE IMPLEMENTATION AND ONGOING

SUBSCRIPTION SERVICES, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, for approximately 25 years, the City of San Clemente has utilized the Tyler Eden ERP (Eden) system to manage the City’s Financial, Human Resources, and Utility Billing processes; and
WHEREAS, the Eden system lacks many modern functions and efficiencies, and will no longer be supported by the vendor after March of 2027; and WHEREAS, vendor support is vital to any mission-critical software system, as the vendor is obligated to address cybersecurity concerns as they arise, provide functional improvements, protect against instability, and system recovery in the event of failure, throughout the life of the system; and
WHEREAS, an effective, vendor-supported Enterprise Resource Planning (ERP) system is essential to the internal administrative functions of the City organization, as well as delivery of services to the public; and
WHEREAS, on May 30, 2025, the City released a Request for Proposals (RFP), seeking qualified and experienced vendors to provide an Enterprise Resource Planning and Utility Billing System and the Professional Services necessary for a successful implementation; and
WHEREAS, five proposals were received through the RFP process and reviewed by an evaluation panel consisting of the Finance Manager, IT Manager, Utility Billing/Revenue Supervisor, and Accounting Supervisor; and
WHEREAS, the panel identified two preferred vendors who subsequently participated in lengthy interviews and detailed presentation/demonstrations of their respective proposed solutions with an expanded committee consisting of the Finance Manager, Assistant City Manager, as well as a number of subject matter experts representing various City Divisions; and
WHEREAS, Tyler Technologies’ Enterprise ERP system was selected as the best overall solution for the City and its price is fair and reasonable.

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

SECTION 1. The above recitals are true and correct and incorporated herein fully by 501
Resolution No. 25-198 Page 2
reference as findings.

SECTION 2. A Software as a Service Agreement is hereby awarded to Tyler Technologies, Inc. for the for the implementation, training, and ongoing subscription and support of the Tyler Enterprise Resource Planning system.

SECTION 3. The City Manager is hereby authorized and directed to execute the Software as a Service Agreement in an amount not to exceed $1,849,375 over an initial fiveyear term, in a form substantially similar to that presented to the City Council on December 9, 2025, with two additional one-year extensions exercisable in the City Manager’s discretion with a maximum annual increase of 3%.

SECTION 4. The City Manager, or the City Manager's designee, is hereby authorized and directed to take such other and further actions as are necessary and proper to accomplish the purposes and intent of this resolution, including, but not limited to, executing such documents, terms of use, or end user license agreements as are necessary and proper to effectuate the implementation of the Tyler ERP system.

SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
502
Resolution No. 25-198 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. 25-198 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
503
1 4897-0744-4347 v1

SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client.

WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment Summary, including providing Client with access to Tyler’s proprietary software products, and Tyler desires to provide such products and services under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows:

SECTION A – DEFINITIONS
• “Agreement” means this Software as a Service Agreement. • “Business Travel Policy” means our business travel policy. Our current Business Travel Policy is available here: https://www.tylertech.com/portals/0/terms/Tyler-Business-Travel-Policy.pdf. • “Client” means the party indicated on the signature block or, in the absence of a signature block, the Investment Summary.
• “Data” means your data necessary to use the Tyler Software. • “Data Storage Capacity” means the contracted amount of storage capacity for your Data, if any, identified in the Investment Summary.
• “Defect” means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you (or the Documentation in the absence of a written proposal), or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then-current Documentation.
• “Defined Users” means the number of users, if any, that are identified in the Investment Summary. If Exhibit A contains Enterprise Permitting & Licensing labeled software, defined users mean the maximum number of named users that are authorized to use the Enterprise Permitting & Licensing labeled modules as indicated in the Investment Summary. • “Developer” means a third party who owns the intellectual property rights to a Third-Party Product.
• “Documentation” means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. • “Effective Date” means the date by which both your and our authorized representatives have signed the Agreement. Notwithstanding the foregoing, if these terms are linked from an Order Form, the Effective Date is the date your authorized representative signed the Order Form. • “Force Majeure” means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us.

Attachment 2
504
2 4897-0744-4347 v1
• “Investment Summary” means the agreed upon cost proposal for the products and services attached as Exhibit A.
• “Order Form” means an ordering document that includes a quote or investment summary and specifies the items to be provided by Tyler to Client, including any addenda and supplements thereto.
• “Professional Services” means those services provided by Tyler or a third party related to the scope of this Agreement and identified in the Investment Summary. • “SaaS Fees” means the fees for the SaaS Services identified in the Investment Summary. • “SaaS Services” means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler Software and includes the right to access and use the Tyler Software, receive maintenance and support on the Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting, or other professional services. • “SLA” means the service level agreement. A copy of our current SLA is attached hereto as Exhibit C.
• “Statement of Work” means the industry standard implementation plan describing how our professional services will be provided to implement the Tyler Software and outlining your and our roles and responsibilities in connection with that implementation. The Statement of Work is attached as Exhibit E.
• “Support Call Process” means the support call process applicable to all our customers who have a right to use the Tyler Software. Our current Support Call Process is available here:
https://www.tylertech.com/portals/0/terms/Tyler-Support-Call-Process.pdf. • “Third-Party Hardware” means the third-party hardware, if any, identified in the Investment Summary.
• “Third-Party Products” means the Third-Party Software and Third-Party Hardware. • “Third-Party SaaS Services” means software as a service provided by a third party, if any, identified in the Investment Summary.
• “Third-Party Services” means the third-party services, if any, identified in the Investment Summary.
• “Third-Party Software” means the third-party software, if any, identified in the Investment Summary or included with the Tyler Software.
• “Third-Party Terms” means the end user license agreement(s) or other terms, if any, for the Third-Party Products or other parties’ products or services, as applicable, and attached or indicated at Exhibit D.
• “Tyler” means Tyler Technologies, Inc., a Delaware corporation. • “Tyler Software” means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement.
• “we,” “us,” “our” and similar terms mean Tyler.
• “you” and similar terms mean Client.

SECTION B – SAAS SERVICES

1. Rights Granted. We grant to you the non-exclusive, non-assignable limited right to use the SaaS Services solely for your governmental purposes, subject to any limits for Defined Users or Data 505
3 4897-0744-4347 v1
Storage Capacity. You may add additional users or additional data storage capacity on the terms set forth in this Agreement. In the event you regularly and/or meaningfully exceed the Defined Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate with the overage(s). You acknowledge that we have no obligation to ship copies of the Tyler Software as part of the SaaS Services. Your right to use the SaaS Services applies to releases provided as part of our Maintenance and Support Services as further detailed in this Agreement.

2. Ownership/Warranty.

2.1.We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software, and anything developed by us under this Agreement. You do not acquire under this Agreement any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services.

2.2.The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only.

2.3.We represent and warrant that we own or have the right to provide the SaaS Services, the Tyler Software, the Documentation and other services provided under this Agreement to you and that doing so will not breach any of our contractual obligations or infringe on the intellectual property rights of any third party. In the event of a breach of this warranty, Tyler’s intellectual property infringement obligations, set forth in Section F1 shall apply.

3. Data.

3.1. You retain all ownership and intellectual property rights to the Data. You expressly recognize that except to the extent necessary to fulfill our obligations contained in this Agreement, we do not create or endorse any Data used in connection with the SaaS Services.

3.2. You expressly grant to us a limited, non-exclusive license to access, copy, transmit, download, display, and reproduce your Data to provide services pursuant to this Agreement. Additionally, you agree that Tyler may use deidentified Data for Client or third-party demonstrative or training purposes.

3.3.Our access to and use of your Data necessary to use the Tyler Software or SaaS Services will comply with applicable provisions of our Privacy Statement (available at https://www.tylertech.com/privacy) and applicable law.

3.4.Data Breach Notification. Tyler will provide notice of a breach of Client Data in accordance with applicable state and federal data breach notification laws.

4. Restrictions.

4.1.You may not:

4.1.1. make the Tyler Software or Documentation resulting from the SaaS Services available in any manner to any third party for use in the third party’s business operations;

4.1.2. modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services;

4.1.3. access or use the SaaS Services to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or

4.1.4. license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or Documentation available to any third party other than as expressly permitted by this Agreement.
506
4 4897-0744-4347 v1

4.1.5. Notwithstanding anything to the contrary in this Section 4.1, you may disclose, with our written consent, not to be unreasonably withheld, the Tyler Software, SaaS Services, or Documentation to a third party you consult with regarding the implementation or use of the Tyler Software and SaaS Services. You must ensure that any such third-party’s use is subject to the terms of this Agreement, and you acknowledge and agree that you are liable for any breach of the terms of this Agreement by such third party.

5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with our then-current Support Call Process.

6. SaaS Services.

6.1.Audit & Compliance. Our SaaS Services are audited at least yearly in accordance with the AICPA’s Statement on Standards for Attestation Engagements (“SSAE”) No. 21. We have attained, and will maintain, SOC 1 and SOC 2 compliance, or their equivalent, for so long as you are timely paying for SaaS Services. The foregoing notwithstanding, you acknowledge that the scope of audit coverage varies depending on the specific Tyler Software solution. We will provide you with a summary of our current compliance report(s) or its equivalent, upon your request. For the avoidance of doubt, if our SaaS Services are provided using a third-party data center, the compliance report may be for that third-party provider and be subject to confidential treatment in accordance with applicable law. If you want us to provide our compliance reports to a thirdparty auditor or similar entity, we reserve the right to require execution of an NDA by that third party.

6.2.Service Levels. The Tyler Software will be made available to you according to the terms of the SLA. Tyler SaaS Services will be provided via a third-party data center. Your Data will be inaccessible to our other customers.

6.3.Business Continuity. Data centers used to deliver SaaS Services for this Agreement have redundant telecommunications access, electrical power, and the required hardware to provide access to the SaaS Services in the event of a disaster or component failure. We test our disaster recovery plan on an annual basis. The plan is not client specific and is detailed in Tyler’s System & Organization Control reports or their equivalent. In the event of a data center failure, we reserve the right to employ our disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a Recovery Point Objective (“RPO”) of 24 hours and a Recovery Time Objective (“RTO”) of 24 hours. RPO represents the maximum duration of time between the most recent recoverable copy of your hosted Data and subsequent data center failure. RTO represents the maximum duration of time following data center failure within which your access to the Tyler Software must be restored. If we employ our disaster recovery plan, we will be responsible for restoring your Data and ensuring that the SaaS Services are online, and you will be responsible for validating your Data and confirming the functioning of the SaaS Services, including any integrations.

6.4.Security Measures. We provide secure Data transmission paths between your devices and the data center used to provide SaaS Services to you. Data centers used to provide SaaS Services are accessible only by authorized personnel with a unique key entry or comparable security. We conduct annual penetration testing of either the production network and/or web application to be performed. We will maintain industry standard intrusion detection and prevention systems 507
5 4897-0744-4347 v1
to monitor malicious activity in the network and to log and block any such activity. You may not attempt to bypass or subvert security restrictions in the SaaS Services or environments related to the Tyler Software. Unauthorized attempts to access files, passwords, or other confidential information, and vulnerability and penetration test scanning of our network and systems (hosted or otherwise) are prohibited. Where applicable with respect to our applications that take or process card payment data, we comply with applicable requirements of PCI DSS. We agree to supply the then-current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at https://www.tylertech.com/aboutus/compliance and, in the event of any change in our status, we will comply with applicable notice requirements.

SECTION C – PROFESSIONAL SERVICES

1. Professional Services. We will provide you the various implementation-related services itemized in the Investment Summary and if applicable, described in the Statement of Work.

2. Professional Services Fees. You agree to pay us the services fees in the amounts set forth in the Investment Summary. You acknowledge that the fees stated in the Investment Summary, unless expressly stated otherwise, are good-faith estimates of the amount of time and materials required for your implementation. We will bill you the actual fees incurred based on the in-scope services provided to you. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable rate by the quoted units.

3. Additional Services. The Investment Summary contains, and the Statement of Work describes, the scope of services and related costs (including programming and/or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote.

4. Cancellation. If you cancel services less than four (4) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (i) daily fees associated with cancelled professional services if we are unable to reassign our personnel and (ii) any non-refundable travel expenses already incurred by us on your behalf. We will make all reasonable efforts to reassign personnel in the event you cancel within four (4) weeks of scheduled commitments.

5. Services Warranty. We will perform services in a professional, workmanlike manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we will re-perform such services at no additional cost to you.

6. Site Access and Requirements. At no cost to us, you agree to provide us with reasonable access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us.

7. Background Checks. All of our employees undergo criminal background checks prior to hire. All 508
6 4897-0744-4347 v1
employees sign our confidentiality agreement and security policies.

8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process requiring the time and resources of your personnel. You certify that you will use reasonable efforts to cooperate with us and make your resources available for the performance of the Agreement in accordance with its terms and the mutually agreed project schedule. Additionally, you agree to use all reasonable efforts to cooperate with and assist us as may be reasonably required to support the efficient execution of the activities required for this Agreement. Accordingly, you will provide notice of any known inability to timely meet a project commitment so that appropriate project adjustments can be made. We will not be liable for failure to meet any project deadlines or milestones when such failure is due to Force Majeure or to the failure by you to comply with the requirements of this paragraph.

9. Maintenance and Support Services.

9.1.For the duration of this Agreement, consistent with the terms set forth in our then-current Support Call Process, we will:

9.1.1. perform our maintenance and support obligations in a professional and workmanlike manner, consistent with industry standards, to provide support and resolve Defects in the Tyler Software (subject to any applicable release life cycle policy);

9.1.2. provide telephone support during our established support hours as indicated in our then-current Support Call Process;

9.1.3. maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third-Party Software, if any, in order to provide maintenance and support services;

9.1.4. provide releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers with a current SaaS Agreement.

9.2.Your use of Tyler Software or SaaS Services requires that you remain current with supported releases of Tyler Software as indicated in any applicable release lifecycle policy. Our warranty and support commitments are contingent upon you using a supported version of the Tyler Software. Tyler may require you to update to a current version of the Tyler Software to address a critical issue (for example, to address an identified security vulnerability in the Tyler Software or a third-party component). Tyler will use commercially reasonable efforts to (i) minimize the number of such instances and (ii) provide as much advance notice as possible.

9.3.We will use all reasonable efforts to perform support services remotely. We reserve the right to use secure third-party connectivity tools to deliver maintenance and support services. We also reserve the right to collect Tyler Software or SaaS Services telemetry for product evaluation, quality assurance, and security monitoring and enhancement purposes. You agree to reasonably cooperate with us in providing access to your environments and Data for the purposes of providing maintenance and support services and acknowledge that our warranty, support, and service level obligations under this Agreement are contingent upon receiving reasonable access to your Data and systems.

9.4. For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support; (b) application design; (c) other consulting services; or (d) telephone support outside our normal business hours as listed in our then-current Support Call Process. 509
7 4897-0744-4347 v1
SECTION D – THIRD-PARTY PRODUCTS

1. Third-Party Hardware. We will sell and deliver any Third-Party Hardware set forth in the Investment Summary for the price indicated therein. Unless otherwise indicated, installation of Third-Party Hardware will be performed by Tyler or identified third party installers.

2. Third-Party Software. Your rights under this Agreement may include rights to certain Third-Party Software. We certify that we have acquired the right to provide the Third-Party Software to you.

Your rights to the Third-Party Software will be governed by the Third-Party Terms and, in the absence of such terms, this Agreement.

3. Third Party Products Warranties.

3.1 We are authorized by each Developer or its authorized reseller to sell or grant access, as applicable, to the Third-Party Products.

3.2 Unless otherwise expressly indicated, Third-Party Hardware will be new and unused. You will receive free and clear title to the Third-Party Hardware you purchase upon your payment in full of the purchase price.

3.3 You acknowledge that we are not the manufacturer of Third-Party Products. We do not warrant or guarantee the performance of the Third-Party Products. However, we grant and pass through to you any warranty that we may receive from the Developer or supplier of the Third-Party Products.

4. Third-Party Services. If you have purchased Third-Party Services, those services will be provided independently of Tyler by such third party at the rates set forth in the Investment Summary and in accordance with Exhibit B.

SECTION E – TERM AND TERMINATION

1. Term. The initial term of this Agreement is equal to five (5) year for SaaS Services in Exhibit A. The initial term commences on the first day of the first month following the Effective Date. Upon expiration of the initial term, this Agreement will renew automatically for two (2) additional one (1) year terms (year six (6) and year seven (7)), at a rate of a three (3%) increase over the previous year fees. Additional one (1) year renewal terms, commencing with year eight (8), will be at our thencurrent SaaS Fees unless terminated in writing by either party at least sixty (60) days prior to the end of the then-current renewal term. Your right to access or use the Tyler Software and the SaaS Services will terminate at the end of this Agreement.

2. Termination. This Agreement may be terminated as set forth below. In the event of termination, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination.

Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section G(2).

2.1.Failure to Pay Fees. You acknowledge that continued access to the SaaS Services is contingent upon your timely payment of fees. We may terminate this Agreement if you do not cure a failure to pay within sixty (60) days of our notice to you that you have overdue payments. 510
8 4897-0744-4347 v1

2.2.For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section G(2). You may terminate this Agreement for cause after following the procedures set forth in Section G(2).

2.3.Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of the SaaS Services for a period of forty-five (45) days or more.

2.4. Lack of Appropriations. If you should not appropriate or otherwise make available funds sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty (30) days written notice to us. You will not be entitled to a refund or offset of previously paid, but unused SaaS Fees. You agree not to use termination for lack of appropriations as a substitute for termination for convenience.

SECTION F – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE

1. Intellectual Property Infringement Indemnification.

1.1. We will defend you against any third-party claim(s) that the Tyler Software or Documentation infringes that third-party’s patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.

1.2.Our obligations under this Section F(1) will not apply to the extent the claim or adverse final judgment is based on your use of the Tyler Software in contradiction of this Agreement, including with non-licensed third parties.

1.3.If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option, either:

1.3.1. procure the right to continue its use;

1.3.2. modify it to make it non-infringing; or

1.3.3. replace it with a functional equivalent.

We may elect to employ these remedies in advance of litigation if we receive information concerning an infringement or misappropriation claim.

1.4.This section provides your exclusive remedy for third-party copyright, patent, or trademark infringement and trade secret misappropriation claims.

2. General Indemnification.

2.1.We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (i) personal injury, death, or damage to tangible property, all to the extent caused by our negligence or willful misconduct; or (ii) our violation of law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.

2.2.To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (i) personal injury, death, or damage to tangible property, all to the extent caused by your 511
9 4897-0744-4347 v1
negligence or willful misconduct; or (ii) your violation of a law applicable to your performance under this Agreement. We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense.

3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE

MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER

WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT

NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLIENT UNDERSTANDS AND AGREES THAT TYLER DISCLAIMS ANY LIABILITY FOR ERRORS THAT RELATE TO USER ERROR.

4. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS

AGREEMENT, OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED

ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (i) DURING THE INITIAL TERM, AS SET FORTH IN SECTION E(1), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (ii) DURING ANY RENEWAL TERM, THE THEN-CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE

PARTIES ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET

IN RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED

UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS F(1) AND F(2).

5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,

IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR

CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (i) Commercial General Liability of at least $1,000,000 per occurrence and $2,000,000 aggregate; (ii) Automobile Liability of $1,000,000 combined single limit; (iii) Professional Liability (inclusive of cyber protection) of $2,000,000 per claim and in the aggregate; (iv) Workers Compensation complying with applicable statutory requirements; and (v) Excess/Umbrella Liability of $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance upon your written request.

SECTION G – GENERAL TERMS AND CONDITIONS

1. Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twelve (12) months from the Effective Date by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12) months have expired, you may purchase additional products and services at our then-current 512
10 4897-0744-4347 v1
pricing, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum.

2. Performance Issues and Dispute Resolution.

2.1.Notice. You agree to provide us with written notice within 45 days of receipt of an invoice (for invoice disputes) or, in the case of performance, within 45 days of becoming aware of an issue related to our performance under this Agreement.

2.2.Invoice Issues.

2.2.1. If the issue relates to an invoice, your notice must include the following: (i) the issue(s) with the invoice; (ii) the specific fee(s) at issue; and (iii) the corrective action(s) you are requesting of Tyler.

2.2.2. We will provide a response to your notice that (i) supports the validity of the invoice as issued by us; (ii) adjusts the invoice; or (iii) describes our plan to address the issues identified in your notice.

2.2.3. You agree to pay all undisputed fees by the due date. You acknowledge that you forfeit your right to dispute any fees under this Agreement when you fail to pay undisputed fees within sixty (60) days of our notice that the fees are overdue.

2.2.4. In addition to any other remedies available to us under this Agreement or law for nonpayment, we reserve the right to recover from you our reasonable costs of collection associated with your failure to timely pay amounts due under this Agreement.

2.2.5. WE RESERVE THE RIGHT TO SUSPEND PERFORMANCE OF ANY SERVICE, INCLUDING ACCESS TO SAAS SERVICES, FOR FAILURE TO TIMELY PAY UNDISPUTED FEES FIFTEEN (15) DAYS FOLLOWING OUR NOTICE OF INTENT TO DO SO.

2.3.Dispute Resolution. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures.

3. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities, and you will reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement.

4. Nondiscrimination. We will not discriminate against any employee or applicant in our employment practices or the performance of our duties, responsibilities, and obligations under this Agreement because of race, color, religion, gender, age, disability, religious beliefs, national, or ethnic origin.

We will post, where appropriate, all notices related to nondiscrimination as may be required by 513
11 4897-0744-4347 v1
applicable law.

5. E-Verify. We use the U.S. Department of Homeland Security’s E-Verify system to confirm the eligibility of all current employees and persons hired during the contract term to perform services within the United States under this Agreement.

6. Subcontractors. We will not subcontract any Professional Services specifically for this Agreement without your prior written consent, not to be unreasonably withheld.

7. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets.

8. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the conclusion of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event.

9. No Intended Third-Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third-Party Terms.

10. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, or implied. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified in writing, signed by an authorized representative of the party against whom enforcement is sought.

11. Severability. If any term or provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law, and shall be interpreted to carry out the intent of the parties unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

12. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter.
514
12 4897-0744-4347 v1

13. Independent Contractor. We are an independent contractor for all purposes under this Agreement.

14. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (i) actual receipt by the receiving party; or (ii) five (5) days following deposit with registered or certified mail with proper postage affixed and addressed to the other party at the address set forth in this Agreement or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party.

15. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials.

16. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties.

Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that:
i. is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents;
ii. a party can establish by reasonable proof was in that party's possession at the time of initial disclosure;
iii. a party receives from a third party who has a right to disclose it to the receiving party; or iv. is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law.

17. .Business License. If required by applicable local law, e will maintain a City of San Clemente business license during the term of this Agreement.

18. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your state or commonwealth of domicile, without regard to its rules on conflicts of law.

19. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature. Each party represents to the other that the signatory set forth below is duly authorized to bind that party to 515
13 4897-0744-4347 v1
this Agreement.

20. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. In such cases, we reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement.

21. Data & Insights Solution Terms. Your use of certain Tyler solutions includes Tyler’s Data & Insights data platform. Your rights, and the rights of any of your end users, to use Tyler’s Data & Insights data platform is subject to the Data & Insights SaaS Services Terms of Service, available at:
https://www.tylertech.com/terms/data-insights-saas-services-terms-of-service. By signing a Tyler Agreement or Order Form, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to said terms.

22. Contract Documents. This Agreement includes the following exhibits:

Migration Terms Addendum
Exhibit A Investment Summary (includes Migration Modules) Exhibit B Invoicing and Payment Terms
Exhibit C Service Level Agreement
Exhibit D Third-Party Terms
Exhibit E Statement of Work

22.1. Conflict between Terms. The various documents that comprise the Agreement are intended to be interpreted together and consistent with each other whenever possible. When a consistent interpretation is not possible, these documents shall be given the order of precedence in which they are listed above, unless stated otherwise therein.
[SIGNATURES ON FOLLOWING PAGE]
516
14 4897-0744-4347 v1
IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below.

Tyler Technologies, Inc. City of San Clemente
By: By:

Name: Name:

Title: Title:

Date: Date:

Address for Notices: Address for Notices:

Tyler Technologies, Inc. City of San Clemente
7701 College Boulevard 910 Calle Negocio
Overland Park, KS 66210 San Clemente, CA 92673
Attention: Chief Legal Officer Attention: Finance Manager 517
15 4897-0744-4347 v1
Migration Terms Addendum

1. Scope. The terms in this Migration Terms Addendum (“Addendum”) apply to the agreement to which it is attached (“Agreement”), and under which we will provide certain Tyler software solutions listed in the Agreement’s Investment Summary (hereafter, the “Replacement Modules”) to replace some or all of Tyler solutions previously provided to you (hereafter, the “Migration Modules”). Accordingly, any conflict between the terms in this Addendum and the Agreement will be resolved in favor of the term(s) in this Addendum. The Migration Modules are listed in the Comments Section of the Investment Summary, and any capitalized terms not otherwise defined herein will have the meaning assigned to those terms in the Agreement.

2. Support & SaaS Services for Migration Modules. Your payment of annual SaaS Fees for the Replacement Modules includes annual maintenance and support services in the scope described by the Agreement, and, to the extent currently being provided, annual SaaS Services, for the Migration Modules for the time period covered by your payment of annual SaaS Fees.

3. License/Use Rights for Migration Modules. Unless expressly stated otherwise in the Agreement, your license to use a Migration Module terminates when the applicable Replacement Module is used in live production.

4. Credit for Prepaid Fees for Migration Modules. In the event you prepaid annual maintenance or SaaS fees for Migration Modules for any time during your annual SaaS Term for your Replacement Modules, Tyler will credit that prepayment to your account. This credit may be applied towards any future purchases from Tyler under the Agreement. 518
1 4897-0744-4347 v1
Exhibit A
Investment Summary
The Investment Summary details the products and services to be delivered by us, or a third party, as applicable, to you under the Agreement. This Investment Summary is effective as of the Effective Date regardless of any expiration date in the Investment Summary. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. [Sales quotation to be inserted prior to Agreement execution.]

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
519
2023-557806-J4C2W6 Page 1
Quoted By: Jason Cloutier
Quote Expiration: 12/31/25
Quote Name: City of San Clemente-ERPEERP(RFP)
Quote Description: EERP Revised 7.31.25
Saas Term 5.00
Sales Quotation For: Shipping Address:

SAN CLEMENTE, CA CITY OF City of San Clemente
100 AVENIDA PRESIDIO 100 Avenida Presidio Ste 3
SAN CLEMENTE CA 92672-0000 San Clemente CA 92672-3195
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Financial Management
Accounting 1 196 $ 52,329.00
Accounts Payable 1 56 $ 15,556.00
Budgeting 1 72 $ 15,556.00
Capital Assets 1 72 $ 15,012.00
Contract Management 1 32 $ 6,734.00
Project & Grant Accounting 1 56 $ 10,909.00
Purchasing 1 168 $ 26,051.00
Human Resources Management
Human Resources & Talent Management 1 160 $ 5,195.00
Payroll with Employee Access 1 168 $ 7,494.00
Risk Management 1 16 $ 1,324.00
Time & Attendance w Mobile Access - Up to 250 Employees 1 136 $ 11,052.00 Revenue Management
Accounts Receivable 1 128 $ 13,036.00
General Billing 1 72 $ 7,196.00
Resident Access 1 96 $ 13,600.00
Utility Billing CIS 1 224 $ 14,558.00
Exhibit A
520
2023-557806-J4C2W6 Page 2
Utility Billing Meter Interface 1 32 $ 5,097.00
Content Management
Content Manager Core includes Onboarding 1 64 $ 20,567.00 Data Insights
Enterprise Analytics and Reporting w Executive Insights 1 128 $ 30,589.00 Additional
Enterprise Forms Processing Software (including Common Form Set) 1 0 $ 12,588.00 Sub-Total: $ 284,443.00
Less Discount: $ 56,848.00
TOTAL 1876 $ 227,595.00
Professional Services
Description Quantity Unit Price Ext Discount Extended Price Maintenance Additional Hours to Meet NTE RFP Requirements - Onsite 104 $ 225.00 $ 0.00 $ 23,400.00 $ 0.00 Additional Hours to Meet NTE RFP Requirements - Project MGMT 96 $ 200.00 $ 0.00 $ 19,200.00 $ 0.00 Additional Hours to Meet NTE RFP Requirements - Remote 288 $ 200.00 $ 0.00 $ 57,600.00 $ 0.00 Capital Assets Import Hours 24 $ 200.00 $ 2,400.00 $ 2,400.00 $ 0.00 COA Import Hours 16 $ 200.00 $ 0.00 $ 3,200.00 $ 0.00
Executive Insights Implementation 1 $ 10,500.00 $ 0.00 $ 10,500.00 $ 0.00 Payroll Accruals Import Hours 20 $ 200.00 $ 2,000.00 $ 2,000.00 $ 0.00 Payroll Deductions Import Hours 24 $ 200.00 $ 2,400.00 $ 2,400.00 $ 0.00 Payroll Employee Master Import Hours 24 $ 200.00 $ 0.00 $ 4,800.00 $ 0.00 Position Control Import Hours 20 $ 200.00 $ 2,000.00 $ 2,000.00 $ 0.00 State Retirement Tables Import Hours 20 $ 200.00 $ 0.00 $ 4,000.00 $ 0.00 Conversions – See Detailed Breakdown Below $ 46,700.00 $ 0.00 Project Management 592 $ 200.00 $ 0.00 $ 118,400.00 $ 0.00 Onsite Implementation 488 $ 225.00 $ 0.00 $ 109,800.00 $ 0.00 Remote Implementation 1388 $ 200.00 $ 0.00 $ 277,600.00 $ 0.00 TOTAL $ 684,000.00 $ 0.00
Payments
Exhibit A
521
2023-557806-J4C2W6 Page 3
List
Price Service % Min
Basis
Points Rate Cap POS Online IVR
Payments - Client Card Cost - Interchange Plus
Enterprise ERP Payments
General Billing 0.50% $ 0.50 X
Utility Billing 0.50% $ 0.50 X X
Payments - Other Fees
Credit Card Chargebacks $ 15.00
Client Card Cost - Interchange Plus Per card transaction with Visa, MasterCard, Discover, and American Express for all transactions on top of industry-driven rates for bank fees, card brand fees, interchange fees, dues, assessments, and other processing fees.

IVR Cost Additional $0.50 per transaction on top of Card and eCheck Fee.

Credit Card Chargebacks If a card payer disputes a transaction at the card issuing bank (e.g. stolen card) Payments Your use of Payments and any related items included on this order is subject to the terms found at:
https://www.tylertech.com/terms/payment-card-processing-agreement. By signing this order or the agreement in which it is included, you agree you have read, understand, and agree to such terms. Please see attached Payments fee schedule.

Summary One Time Fees Recurring Fees
Total Tyler License Fees $ 0.00 $ 0.00
Total SaaS $ 0.00 $ 227,595.00
Total Tyler Services $ 684,000.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 0.00 $ 0.00 Summary Total $ 684,000.00 $ 227,595.00
Contract Total $ 1,821,975.00
Estimated Travel Expenses excl in Contract
Total $ 27,400.00
Client’s purchase of the items listed above is subject to the Comments below Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held Exhibit A
522
2023-557806-J4C2W6 Page 4
For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.

Customer Approval: Date:

Print Name: P.O.#:

All Primary values quoted in US Dollars
Detailed Breakdown of Conversions (Included in Summary Total) Description Qty Unit Price Unit Discount Extended Price Financials
Accounting 1 $ 7,000.00 $ 3,500.00 $ 3,500.00
Accounts Payable 1 $ 13,000.00 $ 6,500.00 $ 6,500.00
Project Accounting 1 $ 7,000.00 $ 3,500.00 $ 3,500.00
Purchase Orders 1 $ 8,000.00 $ 4,000.00 $ 4,000.00
Human Resources Management
Human Resources Management 1 $ 14,300.00 $ 7,150.00 $ 7,150.00 Revenue Management
General Billing 1 $ 11,200.00 $ 5,600.00 $ 5,600.00
Utility Billing 1 $ 32,900.00 $ 16,450.00 $ 16,450.00
TOTAL $ 46,700.00
Optional Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Financial Management
Assets Mobile 1 16 $ 4,638.00
Cash Management 1 44 $ 10,753.00
eProcurement (Vendor Access and Punch-Out) 1 40 $ 10,400.00 Human Resources Management
Recruiting 1 16 $ 1,147.00
Exhibit A
523
2023-557806-J4C2W6 Page 5
Civic Services
Business Management Suite 1 224 $ 11,000.00
Decision Engine 1 8 $ 8,700.00
Enterprise Permitting & Licensing Foundation 1 144 $ 19,000.00 Enterprise Permitting & Licensing User 5 24 $ 11,500.00 Revenue Management
Cashiering 1 72 $ 19,555.00
Data Insights
Open Finance 1 0 $ 22,400.00
Additional
ACFR Statement Builder 1 72 $ 11,200.00
DocuSign Signature Service - Annual Fee 1 16 $ 8,400.00 Integrations
3rd Party Asset Management API Connector 1 48 $ 3,551.00 Cashiering API 1 40 $ 6,307.00
Recruiting API Toolkit 1 24 $ 5,114.00
SnapLogic - Up to 5 Integrations 1 999 $ 3,200.00
Subscription Fees
User Monitoring and Response 1 0 $ 9,000.00
TOTAL: 1787 $ 168,365.00
Optional Professional Services
Description Quantity Unit Price Ext. Discount Extended Price Maintenance Cashiering Interface: Business Licenses 1 $ 2,565.00 $ 0.00 $ 2,565.00 $ 513.00 Cashiering Interface: Permits & Code Enforcement 1 $ 5,625.00 $ 0.00 $ 5,625.00 $ 1,125.00 Install Fee - Open Finance 1 $ 7,000.00 $ 0.00 $ 7,000.00 $ 0.00 Onsite Implementation 464 $ 225.00 $ 0.00 $ 104,400.00 $ 0.00 Remote Implementation 1323 $ 200.00 $ 0.00 $ 264,600.00 $ 0.00 TOTAL $ 384,190.00 $ 1,638.00
Optional 3rd Party Hardware, Software and Services
Exhibit A
524
2023-557806-J4C2W6 Page 6
Description Qty Unit Price
Unit
Discount Total Price
Unit
Maint/SaaS
Maint/SaaS
Discount
Total
Maint/SaaS
Barcode Printer Kit 1 $ 1,445.00 $ 0.00 $ 1,445.00 $ 145.00 $ 0.00 $ 145.00 Cash Drawer 1 $ 260.00 $ 0.00 $ 260.00 $ 0.00 $ 0.00 $ 0.00 Hand Held Scanner - Model 1960GSR 1 $ 475.00 $ 0.00 $ 475.00 $ 0.00 $ 0.00 $ 0.00 Hand Held Scanner Stand 1 $ 30.00 $ 0.00 $ 30.00 $ 0.00 $ 0.00 $ 0.00 Pattern Stream Automated Document System -
Implementation 80 $ 185.00 $ 0.00 $ 14,800.00 $ 0.00 $ 0.00 $ 0.00 Pattern Stream Automated Document System -
SaaS 1 $ 0.00 $ 0.00 $ 0.00 $ 22,320.00 $ 0.00 $ 22,320.00 Printer (TM-S9000II) 1 $ 1,623.00 $ 0.00 $ 1,623.00 $ 0.00 $ 0.00 $ 0.00 TOTAL $ 18,633.00 $ 22,465.00
Tyler Annual Discount Detail (Excludes Optional Products) Description Annual Fee
Annual Fee
Discount Annual Fee Net
Financial Management
Accounting $ 52,329.00 $ 10,466.00 $ 41,863.00
Accounts Payable $ 15,556.00 $ 3,111.00 $ 12,445.00
Budgeting $ 15,556.00 $ 3,111.00 $ 12,445.00
Capital Assets $ 15,012.00 $ 3,002.00 $ 12,010.00
Contract Management $ 6,734.00 $ 1,347.00 $ 5,387.00
Project & Grant Accounting $ 10,909.00 $ 2,182.00 $ 8,727.00 Purchasing $ 26,051.00 $ 5,210.00 $ 20,841.00
Human Resources Management
Human Resources & Talent Management $ 5,195.00 $ 1,039.00 $ 4,156.00 Payroll with Employee Access $ 7,494.00 $ 1,499.00 $ 5,995.00 Risk Management $ 1,324.00 $ 225.00 $ 1,099.00
Time & Attendance w Mobile Access - Up to 250 Employees $ 11,052.00 $ 2,210.00 $ 8,842.00 Revenue Management
Accounts Receivable $ 13,036.00 $ 2,607.00 $ 10,429.00
General Billing $ 7,196.00 $ 1,439.00 $ 5,757.00
Exhibit A
525
2023-557806-J4C2W6 Page 7
Resident Access $ 13,600.00 $ 2,720.00 $ 10,880.00
Utility Billing CIS $ 14,558.00 $ 2,912.00 $ 11,646.00
Utility Billing Meter Interface $ 5,097.00 $ 1,019.00 $ 4,078.00 Content Management
Content Manager Core includes Onboarding $ 20,567.00 $ 4,113.00 $ 16,454.00 Data Insights
Enterprise Analytics and Reporting w Executive Insights $ 30,589.00 $ 6,118.00 $ 24,471.00 Additional
Enterprise Forms Processing Software (including Common
Form Set) $ 12,588.00 $ 2,518.00 $ 10,070.00
TOTAL $ 284,443.00 $ 56,848.00 $ 227,595.00
Comments
Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors.

Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.

Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy.

Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.

In the event Client cancels services less than four (4) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.

The Implementation Hours included in this quote assume a work split effort of 70% Client and 30% Tyler.

Implementation Hours are scheduled and delivered in four (4) or eight (8) hour increments.

Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-theTrainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.

As a new Tyler client, you are entitled to a 14-day or a 30-day trial of the Managed Detection and Response cybersecurity service. Please reference Exhibit A
526
2023-557806-J4C2W6 Page 8
https://www.tylertech.com/services/tyler-detect for more information on the service and contact [email protected] to initiate the trial.

Tyler currently supports the following identity providers (IdP's) for use with Tyler back-office solutions: Microsoft Active Directory through Azure AD, ADFS or Okta AD agent, Google Cloud Identity, Okta, and Identity Automation Rapid Identity. Any requirement by you to use an IdP not supported by Tyler will require additional costs, available upon request.

Content Manager Core includes up to 1TB of storage. Should additional storage be needed it may be purchased as needed at an annual fee of $5,000 per TB.

Business Management: Tyler leads and owns the "Assess and Define" and "Configuration" of 3 unique business transactions, 3 template business transactions, 2 geo-rules and 2 automation events. Configuration elements beyond this will be owned by the client.

All hardware related to Assets Mobile and Inventory Mobile will be under a standard maintenance plan which starts when they are shipped. This includes replacement of your current hardware if it cannot be fixed through the standard helpdesk process.

General Billing conversion includes: Standard - CID, Recurring Invoices, Bills(Header, Detail), Payment History, Invoices - up to 5 years Financial library includes: standard A/P check, standard EFT/ACH, standard Purchase order, standard Contract, 1099M, 1099INT, 1099S, 1099NEC and 1099G.

General Billing library includes: standard invoice, standard statement, standard general billing receipt and standard miscellaneous receipt.

Personnel Actions Forms Library includes: standard Personnel Action form - New and standard Personnel Action Form - Change.

Standard Project Management responsibilities include project plan creation, initial stakeholder presentation, bi-weekly status calls, updating of project plan task statuses, and go-live planning activities.

Your rights, and the rights of any of your end users, to use Tyler’s Data & Insights SaaS Services, or certain Tyler solutions which include Tyler’s Data & Insights data platform, are subject to the Terms of Services, available at https://www.tylertech.com/terms/data-insights-saas-servicesterms-of-service. By signing this sales quotation, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to said terms.

Utility billing library includes: standard Utility bill, standard UB receipt, standard UB delinquent notice, standard door hanger and standard final utility bill.

Payroll library includes: standard PR check, standard direct deposit, standard vendor from payroll check, standard vendor from payroll direct deposit, W2, W2c, ACA 1095B, ACA 1095C and 1099 R.

Exhibit A
527
2023-557806-J4C2W6 Page 9
Accounting conversion includes: Actuals (total balances only) up to 5 years, Budgets (total balances only) up to 5 years Accounts Payable conversion includes: Standard - Vendors, Remit Addresses, 1099 Amounts, Check History(Header, Detail) - up to 5 years, Invoices (Header, Detail) - up to 5 years
Human Resources Management conversion includes: Standard - Employee Master, Address, Accumulators (Earnings & Deduction totals by period) - up to 5 years, Check History - up to 5 years, Earning/Deduction History - up to 5 years, PM Action History - up to 5 years, Certifications, Education
Project Accounting conversion includes: Standard, Actuals - up to 5 years, Budgets - up to 5 years Purchase Orders conversion includes: Standard - Open POs, Closed POs - up to 5 years Utility Billing conversion includes: Standard - UB Account, CID's, Services/Meter Inventory, Assessments, Consumption History - up to 5 years, Balance Forward AR, Service Orders, Backflow, Budget Billing, Flat Inventory/Containers In the event Client acquires from Tyler any edition of Content Manager software other than Enterprise Edition, the license for Content Manager is restricted to use with Tyler applications only. If Client wishes to use Content Manager software with non-Tyler applications, Client must purchase or upgrade to Content Manager Enterprise Edition.

Each API Toolkit or Connector comes with 8 free hours of API Development Consulting hours. Each API Bundle comes with 16 free API Development Consulting hours. Additional hours can be purchased beyond this standard offering.

Business Management Suite includes Civic Access for Business Management and Business Management Executive Insights Enterprise Permitting & Licensing Foundation includes GIS for EPL Users, Core Foundation Bundle, Advanced Automation Bundle, Data & Reporting Access, Report Toolkit, EPL API Toolkit and 1 TB of Storage Enterprise Permitting & Licensing User includes back-office and EP&L Mobile access DocuSign Signature Service refers to the interface between Tyler software and DocuSigns services. It does not include or take the place of DocuSigns proprietary products. Clients are required to provide certain DocuSign account information for implementation and to maintain its DocuSign account in order to use the interface. Clients who do not have a current DocuSign account can email [email protected] for more information or to begin the process of obtaining an account.

Exhibit A
528
2023-557806-J4C2W6 Page 10
For the avoidance of doubt, Fraud, Risk & Compliance is a subscription service, not SaaS. Notwithstanding the foregoing language, payment of annual subscription fees for Fraud, Risk & Compliance commence on the availability of the service. Fraud, Risk & Compliance services will renew automatically for additional one (1) year terms, and subsequent subscription fees are due annually in advance on the anniversary of the availability date at our then-current rates. Pricing is based on client's current network size as defined by their entity size. Any material increases of network size may result in additional fees being assessed for the Fraud, Risk & Compliance service upon renewal.

Eden Modules to replace include:

Project Accounting Support
Payroll Support
Fixed Assets Support
Utility Billing Support
GL/AP Support
Handhelds Support
Human Resources Support
Human Resources Support Web
Accounts Payable Support Web
Advanced Budgeting Support
Accounts Receivable Support
AP Web Extension
HR Web Extension
Position Budgeting
Purchasing
false
Exhibit A
529
1 4897-0744-4347 v1
Exhibit B
Invoicing and Payment Terms
We will provide you with the software and services set forth in the Investment Summary of the Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.

Invoicing: We will invoice you for the applicable software and services in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the Agreement.

1. Tyler Annual Services.

1.1. SaaS Services. SaaS Fees are invoiced on an annual basis, beginning on the commencement of the initial term as set forth in Section E(1) of this Agreement. Your annual SaaS fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual SaaS fees for year six (6) and year seven (7), shall be invoiced at a three percent (3%) increase over the previous year’s fees. Subsequent annual renewals commencing with year eight (8), will be at our then-current rates.

1.2. Other Annual Services. Fees for annual services other than SaaS Services are invoiced on an annual basis, beginning with the availability of the service. Your annual fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual fees will be at our then-current rates.

2. Tyler Services.

2.1. Professional Services Generally: Unless otherwise indicated below, fees for Tyler services are invoiced as delivered.

2.2. Consulting Services: Fixed fee Consulting Services will be invoiced 50% upon your acceptance of the Best Practice Recommendations, by module, and 50% upon your acceptance of custom desktop procedures, by module.

2.3. Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted Data, by conversion option, and 50% upon Client acceptance to load the converted Data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, we will bill you the actual services delivered on a time and materials basis.

2.4. Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced (i) 50% upon delivery of specifications and (ii) 50% upon delivery of the applicable modification. You must report any failure of the modification to conform to the specifications within thirty (30) days of delivery; otherwise, the modification will be deemed to be in compliance with the specifications after the 30-day window has passed. You may still report Defects to us as set forth in this Agreement.

2.5. Other Fixed Price Services: Other fixed price services are invoiced as delivered. For the avoidance of doubt, where “Project Planning Services” are provided, payment will be due upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be billed monthly in arrears, beginning on the first day of the month immediately 530
2 4897-0744-4347 v1
following initiation of project planning. Strategic Program Management Services, if any, will be billed monthly in arrears, beginning on the first day of the month immediately following initiation of program planning.

3. Hardware & Third-Party Products.

3.1. Hardware: Hardware costs, if any, are invoiced upon delivery.

3.2. Hardware Maintenance: The first year maintenance fee for hardware is invoiced upon delivery of the hardware. Subsequent annual maintenance fees for hardware are invoiced annually, in advance, at then-current rates, upon each anniversary thereof.

3.3. Third-Party Services: Fees for Third-Party Services, if any, are invoiced as delivered, along with applicable expenses, at the rates set forth in the Investment Summary.

3.4. Third Party Software. License Fees for Third Party Software, in any, are invoiced when the applicable Third Party Software is made available to you for download.

3.5. Third Party Software Maintenance: The first year maintenance fee for the Third Party Software is invoiced when it is made available to you for downloading. Subsequent annual maintenance fees for Third Party Software are invoiced annually, in advance, at then-current rates, upon each anniversary thereof.

3.6. Third-Party SaaS Services. Third-Party SaaS Services fees, if any, are invoiced on an annual basis, commencing with availability of the respective Third-Party SaaS Services. Pricing for the first year of Third-Party SaaS Services is indicated in the Investment Summary. Unless express stated otherwise, pricing for subsequent years will be at then-current rates.

4. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction (call, message, etc.) fees are invoiced on a monthly basis. Fees are indicated in the Investment Summary and may be increased by Tyler upon notice of no less than thirty (30) days.

5. Expenses. The service rates in the Investment Summary do not include travel expenses. Expenses for Tyler delivered services will be billed as incurred and only in accordance with our then-current Business Travel Policy.

San Clemente City CouncilDecember 9, 2025

San Clemente City Council
December 9, 2025