22-0517_C&C ENGINEERING, INC._Agenda Report_F2aCity 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, P.E., City Engineer
Paul Meshkin, P.E., Senior Civil Engineer
DATE: May 17, 2022
SUBJECT: Contract for Construction of the Ramos Street Parking Lot Expansion
Project – Phase 2 (CIP 20204) (RHOME Profile Construction, Inc.);
Amendment No. 1 to Professional Services Agreement for Design
and Construction Support Services (CNC Engineering, Inc.);
Appropriation of Funds; and, Resolution Establishing “5-Hour
Parking Limit From 6:00 AM – 10:00 PM” Parking Restrictions on
Portions of Housing Authority-Owned Property Abutting a Portion of
Ramos Street
RECOMMENDATION:
1.Award a construction contract for the Ramos Street Parking Lot Expansion Project –
Phase 2 (CIP 20204) to the lowest responsible bidder submitting a responsive bid,
RHOME Profile Construction, Inc. in the amount of $247,604, and authorize the City
Manager to execute the contract and approve change orders for a total construction
contingency not to exceed $50,000;
2.Approve an appropriation of $246,500 from the Parking Fund for new landscaping and
security-lighting improvements at Los Rios Park and the Parking Lot Expansion
Project site;
3.Approve and authorize the City Manager to execute Amendment No.1 to the
Professional Services Agreement with CNC Engineering, Inc. to increase the
compensation amount by $8,940, bringing the total contract amount to $53,940, for
5/17/2022
F2a
City Council Agenda Report
May 17, 2022
Page 2 of 7
additional design services and preparation of design plans and construction support
services; and,
4. Adopt a resolution establishing a “5-Hour Parking Limit From 6:00 AM – 10:00 PM”
parking restriction on a portion of Housing Authority property abutting a portion of
Ramos Street, easterly of Paseo Adelanto, as described and depicted in the attached
resolution.
EXECUTIVE SUMMARY:
The Ramos Street Parking Lot Expansion Project – Phase 2 will create 67 additional
public parking spaces in a conveniently-located area adjacent to two existing City parking
lots. The project complements other efforts by the City to encourage employee use of
peripheral parking areas while creating availability in the primary downtown parking lots
and parking structure for residents and visitors. A location map is included as Attachment
1.
The project was recently advertised for construction and six bids were received on April
14, 2022. Staff recommends that the City Council award a construction contract to the
lowest responsible bidder, RHOME Profile Construction, Inc., in the amount of $247,604
(Attachment 2). Staff also recommends an appropriation of $246,500 from the Parking
Fund to cover an anticipated budget shortfall resulting from enhanced landscaping and
security-lighting improvements. Additionally, to address neighborhood complaints
regarding long-term parking and vehicle storage occurring on the northerly side of Ramos
Street east of Paseo Adelanto, staff recommends adopting a resolution establishing a
five-hour parking limit from 6:00 a.m. to 10:00 p.m.
DISCUSSION/ANALYSIS:
Project Description
In October 2020, the City completed an expansion of the Ramos Street Parking Lot
located at the corner of Ramos Street and Paseo Adelanto. The project added
approximately 90 additional public parking stalls, bringing the total number of spaces in
the Ramos Street Parking Lot to 115. The expanded parking area is utilized throughout
the year, and the City Council subsequently approved a new capital improvement project
to further expand the Ramos Street Parking Lot to accommodate up to 67 additional
parking spaces that would be available to visitors and employees of downtown
businesses.
The proposed parking lot expansion is located at the southeast corner of the existing
Ramos Street parking lot, just south of an Oak tree grove and north of Los Rios Park, and
would include new ADA-compliant parking spaces, a new pedestrian connection point
with Los Rios Park, focused security lighting (to avoid light spillover) and an ample
City Council Agenda Report
May 17, 2022
Page 3 of 7
landscape buffer to mitigate impacts to adjacent properties. City staff met with Los Rios
residents and businesses on several occasions to discuss the proposed project in detail,
including efforts to mitigate construction impacts, safety lighting improvements, specific
plant and tree palette recommendations, and additional landscape buffer areas.
The proposed project also includes enhanced security lighting improvements along
pedestrian walkways within Los Rios Park by installing new lights in strategic locations
and changing existing single-light fixtures to double fixtures. For cost efficiency, the
installation of enhanced security lighting and landscape buffers is proposed to be
completed by the City’s existing electrical and landscape contractors, respectively,
immediately following the completion of parking lot construction.
Construction Bids
The table below provides a summary of bid results.
Summary of Bid Results
Bidders Bid Amounts
TMR General Engineering, Inc. $225,102.00
RHOME Profile Construction $247,604.20
MMG Engineering Inc. $310,000.00
Ortiz & Son, Inc. $390,347.00
Gentry General Engineering, Inc. $409,142.00
C.S. Legacy Construction, Inc. $450,557.00
* The Engineer’s Estimate was $325,000.
The low bidder, TMR General Engineering, Inc. (TMR), has requested to withdraw its bid
due to a mathematical error. Staff has reviewed the bid submitted by TMR to confirm the
error and subsequently approved TMR’s request for withdrawal. As a result, RHOME
Profile Construction (RHOME) was found to be the lowest responsible bidder. Staff
recommends award of a construction contract (Attachment 2) to RHOME in the amount
of $247,604. Staff has verified RHOME’s references, licenses, and payment bond surety.
A project time limit of 30-working days from the date of a Notice to Proceed has been set
for completion of construction, with expected completion in July 2022. As with any
construction project, the schedule may be extended by inclement weather or discovery of
unknown underground conditions.
Design Contract with CNC Engineering
On April 5, 2021, the City entered into a Professional Services Agreement with CNC
Engineering, Inc. for preparation of design plans and specifications for the project with a
total contract cost of $45,000. Due to additional design review and on-site verification
City Council Agenda Report
May 17, 2022
Page 4 of 7
work associated with resident feedback and the landscaping enhancements and security-
lighting improvements, the design consultant incurred additional expenses for the
preparation of the final bid package. Consequently, this extra work has resulted in
additional design service charges of $8,940. Staff is recommending approval of an
amendment to the design contract for this amount (Attachment 3).
Ramos Street On-Street Parking
The City has received continuous complaints from neighbors regarding the long-term
parking and vehicle storage occurring on the north side of Ramos Street, just east of
Paseo Adelanto. A location map is provided as Attachment 4. This public parking area is
intended to serve as overflow parking for Los Rios District patrons and for other daytime
users, including residents and downtown business employees. However, because of the
storage of vehicles, the spaces are continuously occupied by the same vehicles with
virtually no turnover.
The subject portion of on-street parking consists of a 10-foot-wide strip that extends to
the paved edge of Ramos Street and is outside the existing wood rail fence. It is located
on Housing Authority property which includes the “Little Hollywood” affordable housing
community. Residents of Little Hollywood have also complained to City staff regarding
their inability to use these parking spaces because of long-term parking and vehicle
storage. Consequently, staff is recommending a five-hour parking limit from 6:00 a.m. to
10:00 p.m. that would match the parking restrictions currently posted nearby on the east
side of Paseo Adelanto between Ramos Street and Del Obispo Street. Specifically, the
proposed prohibition would establish a five-hour parking limit on the north side of Ramos
Street, easterly of Paseo Adelanto, for a distance of 145 feet and apply to approximately
seven on-street parking spaces (Attachment 5).
FISCAL IMPACT:
Below is a summary of the anticipated project costs and budget, showing a projected
project shortfall resulting from new landscaping and security-lighting improvements of
approximately $246,500:
Budget Items Amounts
RHOME Profile Construction, Inc. ($247,604)
Approximate 20% contingency ($50,000)
Contract administration and support services* ($45,000)
Landscape Buffer (Brightview Landscaping Dev.) ($20,000)
Additional Lighting at Los Rios Park (Excel Electric) ($130,000)
Total Project Construction Cost ($492,604)
CNC Engineering, Inc (8,940)
Current available Project budget $255,000
Funding Shortfall ($246,544)
City Council Agenda Report
May 17, 2022
Page 5 of 7
*Contract Administration includes staff project management, material testing & inspection
(including soil contamination testing), contract inspection services, and archeological and Native
American monitoring services.
To cover the anticipated shortfall, staff recommends an appropriation for $246,500 from
the Parking Fund.
The estimated cost to install the proposed parking restriction is approximately $600, and
funding is available in the existing Public Works Operations Budget.
ENVIRONMENTAL IMPACT:
Staff recommends that pursuant to the California Environmental Quality Act (“CEQA”),
the City Council find the Ramos Street Parking Lot Expansion Project and installation of
new security lighting for the pedestrian pathways within Los Rios Park is a discretionary
action under CEQA that is categorically exempt from further review pursuant to State
CEQA Guidelines section 15311 and 15303 (Class 11 and 3 exemption).
A Class 11 exemption applies to construction, or placement of minor structures accessory
to (appurtenant to) existing commercial, industrial, or institutional facilities, including but
not limited to small parking lots. Here, the proposed project will expand an existing
parking lot that is located on the corner of Paseo Adelanto and Ramos Street by
constructing additional parking spaces on an adjacent undeveloped lot. This City-owned
and maintained existing parking lot is adjacent to and serves the Los Rios District. The
parking lot is small as it would add only up to 67 parking spaces on the adjacent
undeveloped lot, for a total of up to 179 parking spaces. The additional parking stalls
would help redirect vehicles from the Los Rios District onto this site to help alleviate
congestion within the historic district area. Accordingly, the project falls within the Class
11 exemption.
Class 3 consists of, among other things, construction, and location of limited numbers of
new, small facilities or structures. Examples of projects that qualify for this type of
exemption include, among other things, utility extensions or similar improvements. The
additional security lights within the Los Rios Park will match the existing lights as to shape,
height, light poles and footing size. The additional lights will enhance safety for the
pedestrians using the Park. Moreover, none of the exceptions to the exemptions in State
CEQA Guidelines, section 15300.2 apply.
Moreover, staff recommends the City Council find that none of the exceptions to the
exemptions under State CEQA Guidelines section 15300.2 apply because:
• The project will not result in any significant impacts on the environment because it
is not located in a particularly sensitive environment. (State CEQA Guidelines, §
15300.2(a).)
City Council Agenda Report
May 17, 2022
Page 6 of 7
• There is no reasonable possibility of cumulative impacts. Staff does not anticipate
that other projects of the same type will take place at the project site or the
surrounding area, or that the cumulative impact of any such projects would have a
cumulatively significant impact. (State CEQA Guidelines, § 15300.2(b).)
• There is no reasonable possibility that the proposed project will have a significant
effect on the environment due to unusual circumstances. The proposed project
simply seeks to add additional parking spaces to an existing parking lot, and there
is no evidence that unusual circumstances exist, nor that any such circumstances
might cause significant effects. (State CEQA Guidelines, § 15300.2(c).)
• The proposed project will not result in damage to any scenic resources within a
state scenic highway. (State CEQA Guidelines, § 15300.2(d).)
• The proposed project is not located on a hazardous waste site or any other site
included on a list compiled pursuant to Section 65962.5 of the Government Code.
(State CEQA Guidelines, § 15300.2(e).)
The proposed project will not cause a substantial adverse change to the significance of
the Los Rios District as a historical resource. (State CEQA Guidelines, § 15300.2(f).) A
“substantial adverse change” in the significance of an historical resource means physical
demolition, destruction, relocation, or alteration of the resource or its immediate
surroundings such that the significance of an historical resource would be materially
impaired. (State CEQA Guidelines, § 15064.5(b)(1).)
Additionally, with respect to the proposed establishment of a “5-Hour Parking Limit from
6:00 AM – 10:00 PM” for the northerly side of Ramos Street, the City’s Environmental
Administrator has determined this action categorically exempt from further review under
CEQA Guidelines Section 15301(c) (Class 1 “Existing Facilities”) because the proposed
signage that establishes parking limit restrictions for an existing on-street parking area,
will involve negligible alteration of the existing street.
PRIOR CITY COUNCIL REVIEW:
• On March 16, 2021, the City Council approved a new capital improvement project
for the Ramos Street Parking Lot Expansion Project – Phase 2.
• On July 21, 2020, the City Council approved a construction contract for the Ramos
Street Parking Lot Expansion Project (CIP 20204) with the lowest responsible
bidder, C.S. Legacy Construction Inc., in the amount of $209,575; and, found that
that the project was exempt from CEQA review under Class 11 exemption.
City Council Agenda Report
May 17, 2022
Page 7 of 7
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
This item does not require commission, committee, or board review.
NOTIFICATIONS:
Los Rios District Residents
The Tea House
Cottage Gallery
Ramos House
Hidden House Coffee
Zoomars at River Street Ranch
Los Rios Historic Society
Frontier Real Estate Investments
Little Hollywood Community
Coastal Resources Property
Management
Roger Butow, Land Use & Regulatory
Compliance Consultant
Trevor at The Tracks
Manna Station
Capistrano Winery
Berrington Properties
Frontier Properties
Five Fines Wine Bar
Hennessey’s Tavern
Mayfield
Sundried Tomato
Bueno Bueno
Plaza de Magdalena
Alfa Plaza
316 Bakery Shop
Regency Movie Theaters
Paddy’s Station
Mission San Juan Capistrano
Chamber of Commerce
SoCal Relator
Friess Property
Goin Native
Mission Commercial
ATTACHMENTS:
Attachment 1: Location Map
Attachment 2: Proposed Construction Contract
Attachment 3: Proposed Amendment No. 1 to PSA with CNC Engineering
Attachment 4: Parking Restriction Vicinity Map
Attachment 5: Proposed Resolution
ATTACHMENT 1, Page 1 of 1
LOCATION MAP
RAMOS STREET PARKING LOT EXPANSION PROJECT – PHASE 2
Paseo Adelanto
Ramos Street
Los Rios Park
Ramos
Expansion
Area
Attachment 2
Page 1 of 4
00 52 13 – CONTRACT
This CONTRACT, No. ________ is made and entered into this ____ day of _______, ______, by
and between City of San Juan Capistrano, sometimes hereinafter called “City,” and RHOME
Profile Construction, Inc. , sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these
presents do covenant and agree with each other as follows:
SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in 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:
CONSTRUCTION OF RAMOS STREET PARKING LOT EXPANSION PROJECT CIP 20204.
The Contractor and its surety shall be liable to the City for any damages arising as a result of
the Contractor’s failure to comply with this obligation.
TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work
shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall
complete all Work required by the Contract Documents within 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.
CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the
performance of the Contract, subject to any additions or deductions as provided in the Contract
Documents, and including all applicable taxes and costs, the sum of
____________________________________________________________________ Dollars
($_________________________________). Payment shall be made as set forth in the General
Conditions.
LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed
that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.11 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 this is
not paid, the Contractor agrees the 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.
COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Form
Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Attachment 2
Page 2 of 4
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except
Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract
The Contractor 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.
PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. 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 Work.
INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the
General Conditions.
PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in
accordance with the Labor Code which such rates shall be made available at the City’s
Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be
posted at the job site.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Attachment 2
Page 3 of 4
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on
the day and year above written.
RHOME Profile Construction, Inc. CITY OF SAN JUAN CAPISTRANO
Name of Contractor
By
_____________________________________
Name and Title:
_________________________
License No.
____________________________
Date:
__________________________________
By______________________________
Benjamin Siegel, City Manager
Date:
____________________________
(CONTRACTOR’S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
Approved as to form this _____________day of 20___.
_______________________________
Attorney for City of San Juan Capistrano
ATTEST:
By:
City Clerk San Juan Capistrano
END OF CONTRACT
Attachment 2
Page 4 of 4
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Attachment 3
Page 1 of 3
AMENDMENT NO. 1
TO THE PERSONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
C & C ENGINEERING, INC.
1. Parties and Date.
This Amendment No. 1 to the ON-CALL PROFESSIONAL SERVICES AREEMENT is
made and entered into as of this 3rd day of May 2022, 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 C & C 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 April 5, 2021, (“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 $53,940. 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 3
Page 2 of 3
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 3
Page 3 of 3
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND C& C 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
C & C ENGINEERING, INC.
Signature
Name
Title
Date
AMENDMENT NO. 1
TO THE PERSONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
C & C ENGINEERING, INC.
1. Parties and Date.
This Amendment No. 1 to the ON-CALL PROFESSIONAL SERVICES AREEMENT is
made and entered into as of this 3rd day of May 2022, 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 C & C 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 April 5, 2021, (“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 $53,940. 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 3
Page 1 of 6
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 3
Page 2 of 6
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND C& C 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
C & C ENGINEERING, INC.
Signature
Name
Title
Date
ATTACHMENT 3
Page 3 of 6
Mr. Paul Meshkin, P.E. April 25, 2022
City of San Juan Capistrano 21-008
Public Works and Utilities Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Proposal: Change Order Request for Change Order Request No. 1 for Professional
Engineering Services- CIP 20204
Dear Mr. Meshkin,
In the course of design for the subject project, CNC discovered that the easterly fence of the
parking lot was approximately 30 feet inside the property line with the adjacent property. In
accordance with the City’s wishes, design was revised to relocate the fence to the new lot line
and revise the construction plans to accommodate the new fence line. In the interest of time,
CNC performed these services without a change order request. The following is a summary of
services performed beyond the scope of our current contract.
Task 1. Site Visit & Meeting at the Adjacent Property- CNC attended this person meeting at the
site to review existing features on the adjacent property and discuss efforts to minimize impact
to the property.
Task 2. Review Topographic Map and Boundary Survey- Reviewed topographic map and data
provided by the adjacent property owner and incorporated the topo into the base map for the
project.
Task 3. Revise Horizontal Control Plan- CNC updated the horizontal control plan to provide the
bearing and distance of the new fence, landscape buffer and lot line.
Task 4. Revise Grading Plan- Work included adding precise grading of the affected area east of
the existing fence as well as the disposition of existing features within the area.
Task 5. Structural Calculations- City directed CNC to add electrical design of the walkway
outside the parking lot to the scope. These light poles were different from the parking lot lights
and required new structural calculations. We also had to provide structural calculations for the
fence posts, which was nit part of our original proposal.
Task 6. Project Management & Administration- CNC provided project management,
coordination and project administration to address the new additional scope of work outlined
above.
EXHIBIT A
ATTACHMENT 3
Page 4 of 6
Compensation
The total cost incurred by CNC for the performance of these additional services is $8,940.
Attachment A shows a detailed man-hour breakdown of the cost for each task. Therefore, we
respectfully ask that our current contract be amended by a total amount of $8,940.
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 3
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ATTACHMENT A
RAMOS STREET PARKING LOT CHANGE ORDER REQUEST NO. 1
PREPARED FOR CITY OF SAN JUAN CAPISTRANO
PREPARED BY: CNC ENGINEERING
DATE: APRIL 25, 2022
PROJ PROJ DESIGN ADMIN SUB EST EST
TASK DESCRIPTION MGR ENGR ENGR ASS'T CONTRACT TOTAL TOTAL
$220 $180 $150 $85 LUMP SUM HRS COST
1 Site Visit & Meeting at the Tea House 2 $25 2 $465
2 Review Topographic Map and Boundary Survey 2 2 4 $800
3 Revise Horizontal Control Plan to Include Tea House 2 2 4 8 $1,400
4 Revise Grading Plan to Include Tea House 2 4 8 14 $2,360
5 Structural Calculations for Fence & Light Poles 1 1 $3,000 2 $3,305
6 Project Management and Administration 2 2 4 $610
ESTIMATED LABOR HOURS 11 8 12 3 34
ESTIMATED TOTAL COST (BASE SERVICES)$8,940
OTHER
DIRECT
COSTS
ATTACHMENT 3
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ATTACHMENT 4
PAGE 1 OF 2
PARKING RESTRICTION
LOCATION MAP
ATTACHMENT 4
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ATTACHMENT 5
PAGE 1 OF 1
RESOLUTION NO. 22-XX-XX-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING “5-HOUR PARKING LIMIT
FROM 6:00 AM – 10:00 PM” PARKING RESTRICTIONS ON A PORTION
OF RAMOS STREET
WHEREAS, the City Traffic Engineer has recommended that a portion of
Ramos Street be designated as “5-Hour Parking Limit From 6:00 AM – 10:00 PM” zones,
as herein described; and
WHEREAS, the City Council has determined that the public health, safety,
and welfare will be promoted by designating the hereinafter described portion of the
publicly owned Ramos Street as “5-Hour Parking Limit From 6:00 AM – 10:00 PM” zone;
and,
WHEREAS, the California Vehicle Code provides that parking restrictions on
public streets may be established by resolution of the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO does RESOLVE AND ORDER as follows:
The following portion of Ramos St is established a “5-Hour Parking Limit From 6:00 AM –
10:00 PM” zone:
a. Ramos Street, north side from 130 feet east of Paseo Adelanto centerline to 145
feet east.
PASSED, APPROVED, AND ADOPTED this __th day of _________, 2022.
.
________________________________________
Derek Reeve, MAYOR
ATTEST:
________________________________________
MARIA MORRIS, CITY CLERK