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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 Page 5 of 6 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 Page 6 of 6 ATTACHMENT 4 PAGE 1 OF 2 PARKING RESTRICTION LOCATION MAP ATTACHMENT 4 PAGE 2 OF 2 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