12-0828_SPIESS CONSTRUCTION_Agenda Report_D96/18/2013
D9
City of San Juan Capistrano
Agend I+�port
TO: Karen P. Bru , City Mfi rr .
FROM: James G. ss nterim ire for of Public Works )1
Prepared by: J Mankawich, Associate Engine
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DATE: June 18, 201
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SUBJECT: Construction d to — Sun Ranch Drainage Improvement Project (CIP
11503) (Spiess Construction Company, Inc.) (City Council Fiscal Years
2012-2013 and 2013-2014 Additional Priorities)
RECOMMENDATION:
By motion, receive and file.
EXECUTIVE SUMMARY:
On August 7, 2012, the City Council awarded a Construction Contract for the Sun
Ranch Drainage Improvement Project to Spiess Construction Co. Inc. (Spiess), in the
amount of $2,094,645.25. Construction work began in September 2012 and was
completed in April 2013. With the approved added days caused by additional work and
rain delays, the construction was completed on schedule and within budget. However,
staff has not completed reconciling the Construction Contract with Spiess as some
earthwork quantities still need to be calculated, verified and supported by factual
documentation.
On March 25, 2013, soon after the construction work was substantially completed, staff
received a letter from Mr. Scalzo, the adjacent property owner representing the Martin
E. and Marion E. Scalzo Trust 1987 (Trust) stating that they were in the process of
selling their property and were satisfied with the condition the City and Spiess have left
the permitted construction site/staging area, and therefore releasing the City and Spiess
from any further obligation(s) regarding the use of the Trust property during construction
(Attachment 1).
On May 23, 2013, staff sent a letter to Mr. Scalzo stating that the City has completed
the drainage improvements and has therefore complied with its obligations under the
Settlement Agreement (Attachment 2).
City Council Agenda Report
June 18, 2013
Paae 2 of 2
DISCUSSION/ANALYSIS:
As mentioned above, the construction of the project is completed; a Notice of
Completion will be presented to the City Council once the contract is fully reconciled
with the contractor.
ENVIRONMENTAL IMPACT:
Not applicable.
PRIOR CITY COUNCIL REVIEW:
Not applicable.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
NOTIFICATION:
Scalzo Trust
Spiess Construction Company, Inc.
ATTACHMENTS:
Attachment 1 - Release letter from the Martin E. and Marion E. Scalzo Trust 1987
Attachment 2 - Letter of completeness and compliance from the City to Mr. Scalzo
To whom it may concern:
The Martin E. and Marion E. Scalzo Trust 1987 is presently the owner of the property at 32281 Del
Obispo Street, San Juan Capistrano Ca., which is adjacent to the Sun Ranch Dedicated Drainage
Improvement project.
The Trust has provided the City of San Juan Capistrano and Spiess Construction Co. Inc., its contractors
etc., the use of its property for staging and limits of grading during the course of the project build out.
The Trust is in the process of selling the property to The New Homes Co. and the Trust is satisfied with
the condition with which the City and Spiess Construction have left the property and releases them and
the City of San Juan Capistrano from any further obligation/s regarding the use of the property as a
staging area for this project per our prior agreement.
Signed:
Tr t.
ated
Frederick T. Scalzo, trustee for
The Martin E. and Marion E. Scalzo Trust 1987
ATTACHMENT 1
May 23, 2013
Rick Scalzo
32281 Del Obispo Street
San Juan Capistrano, CA 92675
RE: Sun Ranch Dedicated Drainage Improvements
Dear Mr. Scalzo:
This letter is in reference to the "Settlement Agreement" you entered with the City of
San Juan Capistrano in December of 2010 ("Settlement Agreement") and the "Right of
Entry License Agreement" you entered with the City in August of 2012 ("License
Agreement"). As you are probably aware, the Settlement Agreement required the City
to construct certain drainage improvements on a public drainage easement abutting
your property, located at 32281 Del Obisbo Street. The License Agreement allowed the
City to enter your property in order to construct these improvements, provided that —
when the improvements were complete — the City surrender possession of your
property to you in good order and repair to your satisfaction, normal wear and tear
expected. The improvements are now substantially complete. As a result, we plan to
present a notice of completion for City Council approval at an upcoming City Council
Meeting.
We believe that the City has complied with its obligations under the Settlement
Agreement and the License Agreement. If for any reason you feel differently, please
contact me as soon as possible to discuss this matter at
imankawichO.sanivancapistrano.org or by phone at ((49) 487-4313.
Thank you for your attention to this matter.
Sincerely,
Joe Mankawich
Associate Engineer
CC: Mr. Scalzo's attorney
ATTACHMENT 2
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
wx'w, sU1tlllUtICOpi.rtr(1lrr). org
MEMBERS OF THE CITY COUNCIL
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAM ALLEVATO
ROY L BYRNES, M.D.
LARRY KRAMER
DEREK REEVE
JOHN TAYLOR
The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, June 18, 2013,
in the City Council Chamber in City Hall, to consider: "Construction Update - Sun Ranch
Drainage Improvement Project (CIP 11503) (Spiess Construction Company, Inc.) (City
Council Fiscal Years 2012-2013 and 2013-2014 Additional Priorities)" — Item No. D9.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m.
on Monday, June 17, 2013, to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the staff
table, just in front of the Council dais. You will be called to speak by the Mayor when the
item is considered.
You have received this notice at the request of the City staff member Joe Mankawich,
Associate Engineer. You may contact that staff member at (949) 487-4313 with any
questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanouancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
cityclerkC�sanivancapistrano.org.
Maria Morris, CMC
City Clerk
cc: Spiess Construction; Scalzo Trust
San ,duan capistr€vii., Preserving the ptvyt to En/ aricc the 11,111are