21-1102_CNC ENGINEERING, INC._Agenda Report_E12City of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: Benjamin Siegel, City Manager
SUBMITTED BY: Thomas Toman, Public Works Director
PREPARED BY: Joe Parco, City Engineer
Paul Meshkin, Senior Civil Engineer
DATE: November 2, 2021
SUBJECT: Amendment No. 1 to Professional Services Agreement for Design
and Construction Support Services (CNC Engineering Inc.) for the
Camino Capistrano Pavement Rehabilitation Project (CIP 19102)
RECOMMENDATION:
Approve and authorize the City Manager to execute Amendment No.1 to the Professional
Services Agreement with CNC Engineering Inc. and increase the compensation amount
by $219,000, bringing the total contract amount to 264,000, for preparation of the design
plans, survey, and construction support services for the expanded Camino Capistrano
Pavement Rehabilitation Project (CIP 19102)
EXECUTIVE SUMMARY:
There is an existing Professional Services Agreement (PSA) with CNC Engineering, Inc.
(CNC) for the design of the Camino Capistrano Pavement Rehabilitation Project, between
Avenida Aeropuerto and the City’s southern limit. On October 5, 2021, the City Council
approved an enhanced streets funding plan and directed staff to expand the scope of
work for the Camino Capistrano Pavement Rehabilitation Project to include most of
Camino Capistrano between the City’s southern and northern limits, as well as additional
pavement rehabilitation for Avenida Aeropuerto between Camino Capistrano and the
railroad tracks, Stonehill Drive between Camino Capistrano and the Dana Point city limit,
and Ortega Highway between Camino Capistrano and El Camino Real. A location map
is included as Attachment 1. The Funding Plan also appropriated an additional $5.6
million from the American Recovery Plan Act (ARPA) to the project budget. Expansion
of the project limits, inclusion of additional roadway segments, and design revisions to the
original scope of work (due to differing field conditions) has resulted in new and increased
costs for CNC to perform design, survey, bid package preparation and construction
support services for the project. Consequently, staff is recommending that the City
11/2/2021
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City Council Agenda Report
November 2, 2021
Page 2 of 3
Council approve Amendment No. 1 to the PSA with CNC Engineering to increase the
compensation amount by $219,000, which includes a 10% contingency, bringing the total
not-to-exceed amount to $264,000 (Attachment 2).
DISCUSSION/ANALYSIS:
On December 13, 2018, the City approved a PSA with CNC for a fee of $45,000, for the
design of the Camino Capistrano Pavement Rehabilitation Project between Avenida
Aeropuerto and the City’s southern limit at the Costco driveway. CNC is listed on the
City’s Qualified Bidders List for Professional Consultant Services which allows a contract
amount of up to $45,000 per project. Recent projects completed by CNC include the Del
Obispo Street Widening Project and the Capistrano Villas Pavement Rehabilitation
Project. The scope of work for the original PSA included preparation of design plans for
pavement rehabilitation, construction of Americans with Disabilities Act (ADA) compliant
ramps, and new signing and striping of the roadway. The project was scheduled to be
constructed in Summer 2022 when sufficient funds ($4 million) were anticipated to be
available in the project budget.
Expanded Project
On October 5, 2021, the City Council approved a Fiscal Year 2021-2022 Street
Improvement Program Funding Plan and directed staff to expand the project limits of the
Camino Capistrano Pavement Rehabilitation Project. The Funding Plan also
appropriated an additional $5.6 million in ARPA funding to the project budget. The
expanded scope of work adds pavement rehabilitation to most of Camino Capistrano
between the City’s southern and northern limits, including pavement rehabilitation for the
following streets and street segments: Avenida Aeropuerto between Camino Capistrano
and the railroad tracks; Stonehill Drive between Camino Capistrano and Dana Point city
limit; and Ortega Highway between Camino Capistrano and El Camino Real.
The expanded project requires additional geotechnical investigation, roadway
reconstruction at various locations, construction of ADA-compliant ramps, new roadway
signing and striping, raised-center median landscape and irrigation design (Camino
Capistrano southern city limits median), and reinstallation of traffic signal loops at various
intersections. Due to the expanded scope of the project, additional design, survey, and
construction support services are needed to complete the design and bid package. The
proposed amendment would increase the contract amount by $219,000, which includes
a 10% contingency.
To minimize construction impacts, the current implementation schedule requires design
to be completed by early February 2022. This will allow the City Council to award a
construction contract by May 2022. Construction would begin in June 2022, with
completion of construction by Fall 2022. Night work will also be proposed to help alleviate
construction during traffic peak hours.
City Council Agenda Report
November 2, 2021
Page 3 of 3
FISCAL IMPACT:
The project is funded by a combination of sources including American Recovery Plan Act
(ARPA) funds, Measure M, Gas Tax, SB1, General Fund reserves, General Fund
operating surplus, and parking revenues, for a total of $8.5 million in Fiscal Year 2021-
2022. There are sufficient funds in the project budget to cover the proposed design costs.
ENVIRONMENTAL IMPACT:
In accordance with the California Environmental Quality Act (CEQA), the recommended
action is exempt from CEQA per Section 15061(b)(3), which is the general rule that CEQA
applies only to projects that would have the potential for causing a significant effect on
the environment. Where it can be seen with certainty that there is no possibility that the
activity in question could have a significant effect on the environment, the activity is not
subject to CEQA. An amendment to a PSA for additional design services would not be
an activity with potential to have a significant effect on the environment, and therefore is
exempt from CEQA. Any future project where ARPA or other City funding sources are
utilized would undergo the appropriate CEQA review. A Notice of Exemption will be filed
with the County Recorder’s Office should this item be approved.
PRIOR CITY COUNCIL REVIEW:
On October 5, 2021, the City Council directed staff to expand the scope of the Camino
Capistrano Pavement Rehabilitation Project (CIP 19102) and appropriate $5.6 million in
ARPA funding to the project budget.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
This action does not require commission, committee, or board review.
NOTIFICATION:
CNC Engineering Inc.
ATTACHMENT(S):
Attachment 1: Location Map
Attachment 2: Proposed Amendment No. 1 to PSA with CNC
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Legend
Approved Segment
Proposed Segment 1
Proposed Segment 2
Proposed Segment 3
Attachment 1
Page 1 of 1
Attachment 2
Page 1 of 8
AMENDMENT NO. 1
TO THE PERSONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
CNC ENGINEERING, INC.
1.Parties and Date.
This Amendment No. 1 to the PROFESSIONAL SERVICES AREEMENT is made and
entered into as of this 2nd day of November 2021, by and between the City of San Juan Capistrano,
a municipal organization organized under the laws of the State of California with its principal place
of business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 (“City”) and CNC
Engineering, Inc, a Corporation with its principal place of business at 2121 Alton Parkway, Suite
200, Irvine, CA 92606, Consultant. City and Consultant are sometimes individually referred to as
“Party” and collectively as “Parties.”
2.Recitals.
2.1 The City and Consultant have entered into an agreement entitled “Personal Services
Agreement dated December 13, 2018, (“Agreement”) for the purpose of retaining the services of
Consultant to provide Engineering Design and Construction Support Services.
2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to
revise the Term of the Agreement as indicated on the attached Exhibit A.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 2 of
the Agreement.
3.Terms.
3.1 Amendment. Section 2 of the Agreement is hereby amended in its entirety to read as
follows:
In no event shall the total amount paid for services rendered by Consultant under this
Agreement exceed the sum of $264,000. This amount includes a 10% contingency. City’s prior
approval is required to use the contingency fees. This amount is to cover all printing and related
costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall
be made within 30 days of receipt of an invoice which includes a detailed description of the
work performed. Payments to Consultant for work performed will be made on a monthly billing
basis.
Attachment 2
Page 2 of 8
3.2 Amendment. Section 5 of the Agreement is hereby amended in its entirety to read as
follows:
Consultant shall perform its services in a prompt and timely manner and shall commence
performance upon receipt of written notice from the City to proceed (“Notice to Proceed”).
Consultant shall complete the services required hereunder by December 31, 2022. The Notice to
Proceed shall set forth the date of commencement of work.
3.3 Continuing Effect of Agreement. Except as amended by this Amendment No.1, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No.1. From and after the date of this Amendment No.1, whenever the
term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this
Amendment No. 1.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 1.
3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
[Signatures on Next Page]
Attachment 2
Page 3 of 8
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND CNC ENGINEERING, INC.
CITY OF SAN JUAN CAPISTRANO
Approved By:
Benjamin Siegel
City Manager
Date
Attested By:
Maria Morris, City Clerk
Approved As To Form:
City Attorney
CNC ENGINEERING, INC.
Signature
Name
Title
Date
2121 Alton Parkway • Suite 200 • Irvine • California • 92606 • T 949.863.0588 • www.cnc-eng.com
Mr. Paul Meshkin, P.E .
City of San Juan Capistrano
Public Works Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
October 25, 2021
Subject: Camino Capistrano and Avenida Aeropuerto Street Rehabilitation
Change Order Request No. 1
Dear Mr. Meshkin,
Per your request, CNC Engineering (CNC) is pleased to submit this change order request for
additional design services for the subject project.
Project Understanding
The following understanding of the expanded scope of services is based on our telephone
conversation on October 19, 2021. We understand the city wishes to include the following six
(6) roadway segments to our current contract:
1. Camino Capistrano from Avenida Aeropuerto to San Juan Creek Bridge - Pavement
rehabilitation consisting of reconstruction of the two southbound lanes and grind and
overlay of the remainder of the roadway.
2. Camino Capistrano from San Juan Creek Bridge to Verdugo Street – Pavement grind
and overlay.
3. Ortega Highway from Camino Capistrano to El Camino Real – Pavement grind and
overlay.
4. Camino Capistrano from Ortega Highway to La Zanja – Pavement grind and overlay.
5. Stonehill Drive from Camino Capistrano to San Juan Creek bridge - Pavement grind and
overlay and coordination with developer on the north side for new traffic signal. We
understand the signal design and related striping will be performed by others. CNC will
only reference these items on our plans.
6. Camino Capistrano from Junipero Serra to Rancho Capistrano - Pavement spot repairs
and slurry seal. We understand City will provide field inspection to identify the locations
for spot repairs and will provide CNC with the structural section for pavement dig-outs.
CNC will show the spot repair locations on the base map that will be furnished by City.
Scope of Services
Attachment 2
Page 4 of 8
Task 1. Ground Survey - This task will only be performed for the segment 1 above (Camino
Capistrano from Avenida Aeropuerto to San Juan Creek bridge). Work will consist of
establishing controls based on County bench marks and state plane coordinates to perform a
cross section survey at 50-ft intervals, extending from back of sidewalk to back of sidewalk or
apparent right of way. Field survey in the vicinity of the I-5 on- and off-ramp south of San Juan
Creek Road will require an encroachment permit from Caltrans District 12. CNC will prepare
and submit a permit application along with traffic control plans. Refer to assumptions at the
end of this proposal for additional information.
Task 2. Mapping – Task consist of the following:
• Ground survey data for segment 1 collected in Task 1 will be processed to create 20-
scale topographic base with 1-ft contours.
• Compiling 40-scale base map for segments 2 to 5, using available aerial imagery, such
as Nearmap and visual field verification of the imagery for surface culture such utility
features.
• Mapping for segment 6 from Junipero Serra to the Trabuco Creek bridge (Approx. 2,150
LF) will be provided by City. CNC will create the base map for the remaining portion of
the segment (Approx. 6,600 LF), using available aerial imagery, such as Nearmap and
visual field verification of the imagery for surface culture such utility features.
Task 3. Utility Coordination- CNC will compile a list of utility purveyors with facilities in the area
and will augment the list in consultation with the city. We will also draft a letter of notification
describing the City’s proposed project and schedule of work and requesting copies of record
drawings of existing facilities within the project limits. CNC will provide all coordination with
utilities and will maintain a correspondence log and submittal of preliminary and final plans to
all affected utilities.
Task 4. Construction Drawings- This task consists of the following deliverables:
• Update title Sheet to include the additional roadway segments
• Typical Sections and Notes
• Plan & Profile Sheets for segment 1, showing existing centerline profile; pavement
reconstruction of two southbound lanes; grind and overlay of the remaining portions of
the roadway on the plan view.
• Plan Sheets for segments 2 to 5- Pavement grind and overlay; disposition of existing
surface culture.
• Plans sheets for segment 6- Limits of AC dig-outs and slurry seal furnished by City.
• Pavement Delineation and Signage
• Loop Restoration Plan (Caltrans Controlled Intersection at On/Off Ramp)
• Traffic Control Plans for segment 1
Attachment 2
Page 5 of 8
Task 5. ADA Upgrades to Driveways– CNC will prepare detailed design of pedestrian path of
travel in accordance with the current ADA requirements at up to eleven (11) driveways along
Camino Capistrano south of Avenida Aeropuerto.
Task 6. Median Landscape Design- CNC will use the services of Cornerstone Studios to prepare
conceptual and final landscape and irrigation design plans for the median #1 & #2 identified in
Figure 1.
Figure 1. Raised Medians on Camino Capistrano
Task 7. Specs- CNC will prepare technical provisions based on the latest edition of the Green
Book. City will provide the boiler plate and assemble the final special provisions.
Task 8. Estimates- CNC will prepare an itemized list of quantities and unit costs based on
recent similar projects in the area.
Task 9. Coordination with Dana Point and Caltrans- CNC will review and address comments
from the City of Dana Point and Caltrans on the portion of the roadway within their respective
jurisdictions and will make all mutually agreed upon revisions to the design.
Task 10- Submittals, Meetings & Coordination- CNC will submit the construction documents for
City review. We will address subsequent plan check comments and will be available to meet
with the city to discuss our findings and recommendations.
Task 11. Construction Support Services- Striping plans for parking stalls, ADA path of travel and
sign layout and details.
Task 12. Project Administration – This task consists of progress reports, invoicing, and
administrative support.
Assumptions
1. Design of ADA upgrades are excluded except for specific locations stated herein.
2. Traffic control implementation will be invoiced separately as additional cost.
3. All fees will be billed separately as additional cost.
4. City will provide pavement sections for grind/overlay and spot dig-outs.
5. Attendance at meetings will be invoiced separately as additional cost.
Attachment 2
Page 6 of 8
Compensation
The estimated total fee for the scope of work outlined in this proposal is $198,895. Refer to
Attachment A for an hourly breakdown of the estimated fee for each task.
If you have any questions regarding this proposal, please contact me directly at (949) 863-0588
x 8103.
Respectfully Submitted,
CNC ENGINEERING
Shahab (Sean) Nazarie, P.E.
Director of Engineering
ATTACHMENT
Attachment 2
Page 7 of 8
ATTACHMENT A: CHANGE ORDER REQUEST #1CAMINO CAPISTRANO & AVENIDA AEROPUERTO REHABPREPARED FOR CITY OF SAN JUAN CAPISTRANO PREPARED BY: CNC ENGINEERINGDATE: OCTOBER 25, 2021PROJ SURVEY PROJ DESIGN SURV Admin SUB OTHER EST TOTALTASKDESCRIPTIONMGR MGR ENGR ENGR CREWCONTRACT DIRECT TOTAL NTE$220 $180 $180 $150 $260 $85 LUMP SUM COSTS HRS AMOUNT1 Ground Survey 8 8 8 40 64 $15,0402 Mapping8 100 108 $16,4403 Utility Coordination 8 8 16 8 40 $6,2804 Pavement Rehabilitation Plans 16 112 280 408 $65,680Signing & Striping 8 40 80 128 $20,960Traffic Control Plans (Segment 1) 8 16 24 $3,840Loop Restoration Plans (Segment 1) 8 8 16 $2,6405 ADA Upgrades for Driveways (11) 24 48 $150 72 $11,6706 Median Lanscape Design 8 8 8 4 $4,485 28 $9,2257 Specs 8 8 2 18 $3,3708 Estimates 4 4 16 24 $4,0009 Coordination with Dana Point and Caltrans 8 16 32 56 $9,44010 Submittals, Meetings & Coordination 8 24 40 8 $150 80 $12,91011 Construction Support Services 24 24 24 72 $13,20012 Project Administration 16 8 24 $4,200ESTIMATED LABOR HOURS 116 8 300 668 40 30 1162TOTAL NOT-TO-EXCEED AMOUNT$4,485 $300 $198,895 Attachment 2 Page 8 of 8