15-0804_CHARLES KING COMPANY, INC._F15_Agenda ReportCity of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: Eric Bauman, Assistant Utilities Director <fill!
DATE: August 4, 2015
8/4/2015
F15
SUBJECT: Consideration of Amendments to: a Personal Services Agreement for
Design; a Personal Services Agreement for Construction Management;
and a Construction Contract for Work Related to the Construction of Water
Pipelines Across the I-S/Ortega Highway Bridge for the Mission Inn at San
Juan (CIP 11805); and Adoption of a Resolution Waiving Competitive Bids
(Dexter Wilson Engineering, Inc.) (RBF Consulting) (Charles King
Company, Inc.)
RECOMMENDATION:
By motion:
1. Authorize Second Amendment to the Personal Services Agreement for Design
with Dexter Wilson Engineering, Inc. to add $32, 130; and,
2. Authorize Second Amendment to the Personal Services Agreement for
Construction Management and Inspection with RBF Consulting to add $35,350;
and,
3. Authorize Second Amendment to the Construction Contract for Construction
Services Charles King Company, Inc. to add $452,867; and,
4. Authorize the Resolution Waiving Competitive Bidding, and Making a Finding in
Support Thereof.
EXECUTIVE SUMMARY:
On March 17, 2015, the City entered into a Construction Agreement with Rivendell Land
Company, Inc. (Rivendell), to construct the New Ortega Line, to provide the necessary
system reliability to the Plaza Banderas Hotel; using the existing plans, contracts, and
bids for the City's 15 Pipeline Relocation Project. Per the Agreement, Rivendell has
advanced $640,000 in funds to pay for the New Ortega Line (Attachment 1 ). The work
Includes structural pavement design, modified traffic control, the pipeline itself, and
removal and restoration of roadway structural sections.
City Council Agenda Report
August 4, 2015
Pa e 2 of 5
Since time was of the essence to complete construction work and coordinate with the
rapidly closing window of the Caltrans Ortega Bridge Project construction schedule, the
City's Contractor -Charles King Company, Inc. ("CKC"), was directed to construct the
New Ortega Line in the bridge and east of the bridge under Section 9, Changes in
Project, of the Construction Contract. The portion west of the bridge is scheduled to be
completed in late August, and early September 2015.
All of the City's contracts for the 15 Pipeline Relocation project now require
amendments, to pay for the work commissioned under this agreement. Staff received
quotes for the additional work from the City's existing consultants and contractor
performing the current pipeline work at the 1-5 project. Staff reviewed these proposals
and found them all to be in conformance with the existing cost for similar work
performed under the current contracts.
Staff recommends the approval of the Second Amendment to the Personal Services
Agreement for Design with Dexter Wilson Engineering, Inc. (OWE), in the amount of
$32,130, (Attachment 2); approval of the Second Amendment to the Personal Services
Agreement for Construction Management and Inspection with RBF Consulting in the
amount of $35,350 (Attachment 3); approval of the Second Amendment to the
Construction Contract with CKC in the amount of $452,867, (Attachment 4); and,
approval of the Resolution Waving Competitive Bidding, and Making Findings in
Support Thereof (Attachment 5).
DISCUSSION:
As part of the Caltrans Ortega Bridge Widening Project, the City obtained alignments for
two pipelines, and reserved two cells in the Ortega Bridge and roadway for these lines
from Caltrans. The lines are known as the Old Ortega Line, to replace existing system
pipeline, and the New Ortega Line, to meet the development needs to the Plaza
Banderas Hotel. The City negotiated a cooperative arrangement with Caltrans whereby
the City is permitted to construct its Project in conjunction with the Ortega Bridge
Project.
The City's Consulting Engineer, Dexter Wilson, completed the original plans and
specifications for the pipelines in December 2012. These plans need modification for
roadway structural concerns, and traffic control since work on the New Ortega Line west
of the Ortega Bridge is occurring out of sequence with the original construction window
offered by Caltrans for the City's work. The City previously bid the Project and obtained
formal competitive bids for the work. CKC was the successful lowest responsible bidder
submitting a responsive bid in January 2013. The contract with CKC was awarded
without the New Ortega Line as a result of the previous Plaza Banderas Hotel
developer, Stroscher G3, LLC (Stroscher), cancelling their participation in the New
Ortega Line.
Subsequently, Rivendell purchased the property and all other rights of the Plaza
Banderas Hotel from Stroscher. Rivendell was approved by the City Council on June 2,
2015, to be the successor in interest to Stroscher's rights and obligations under the
City Council Agenda Report
August 4, 2015
Pa e 3 of 5
Development Agreement and proposes to be bound by the terms and conditions of the
Development Agreement.
The timing of the re-inclusion of this pipeline has resulted in work which now impacts
completed facilities, requiring additional cost and effort to design, and construct the New
Ortega Line west of the Bridge. Work not covered in the original design and
construction includes: a new traffic control plan, a means of cutting through the newly
placed asphalt and concrete, and restoring its structural integrity. The projected costs
associated with the work are based upon the proposal for services submitted by DWE
and RBF Consulting; and the construction unit costs in the existing contract with CKC.
For items of work not covered in the existing contract, CKC has submitted a cost
proposal, which staff considers reasonable. The amount deposited by Rivendell with
the City covers the projected final expenses for the New Ortega Line.
WAIVER OF COMPETITIVE BIDDING:
The timeline for construction of the New Ortega Line prior to completion of the Ortega
Bridge Project was insufficient to allow the time required for the normal competitive bid
process. The window for construction east of the bridge had already closed; the
window for construction of the bridge was scheduled to close in April and May.
Delaying the New Ortega Line construction would have resulted in substantial additional
costs due to the need to remove finished work on the Ortega Bridge Project to install the
pipeline and refinishing following installation. Construction of the New Ortega Line after
completion of the Ortega Bridge Project would also negatively impact the City's traveling
public because it would require lane closures while construction is ongoing.
Furthermore, since Rivendell is paying the entire cost of adding the New Ortega Line,
no public monies are being utilized on the New Ortega Line.
Pursuant to Public Contract Code section 22032, the City is required to engage in
formal competitive bidding for any work which is estimated to cost in excess of
$175,000. However, competitive bidding is not required when a public agency
determines it would produce no advantage for the public agency, or the advertising for
bids is futile, undesirable, impractical or impossible (Graydon v. Pasadena
Redevelopment Agency (1980)). Further, the stated public policy purposes served by
competitive bidding are to guard against favoritism, improvidence, extravagance, fraud
and corruption; to prevent the waste of public funds; and to obtain the best economic
result for the public. (Graydon, citing 10 McQuillin, Municipal Corporations (3d ed.) §
29.29.)
Staff received a preliminary cost proposal from CKC for the New Ortega Line in the
amount of $452,867, exceeding the formal bidding threshold under Public Contract
Code section 22032. However, this situation is similar to that in Graydon such that
competitive bidding would be undesirable and impractical and would not produce an
advantage to the public.
FISCAL IMPACT:
Rivendell paid $640,000 in advance to the City as a deposit for the cost of all work.
City Council Agenda Report
August4,2015
Pa e 4 of 5
This includes construction costs, general construction overhead, engineering design
costs, construction management costs, staff time, construction inspection, and traffic
control.
The projected costs for the work are shown in the table below:
Payee Reason Description Amount
Traffic control,
structural pavement
DWE design, Engineering. Cost of Services $32,130
Construction
RBF Management Cost of Services $35,350
CKC Construction Cost of Services $452,867
Proportional share
general construction
Staff, Inspection, costs $60,000
CSJC general costs StaffTime, Estimated $33,000
Grand Total <;c;n :t£17
The budget is sufficient. Upon completion of the work, as defined by California Civil
Code Section 9200, if any portion of the deposit has not been paid to the Contractor,
their subcontractors, consultants or staff, by the City, such residual deposit shall be
returned to Rivendell.
ENVIRONMENTAL IMPACT:
The City Project, CIP 11805, was found to be statutorily exempt from review under the
California Environmental Quality Act (CEQA). The Environmental Administrator signed a
Notice of Exemption and posted it on August 17, 2012. (Attachment 6)
PRIOR CITY COUNCIL REVIEW:
• On June 2, 2015, the City Council approved the assignment and assumption of the
Stroscher G3, LLC interest in the Development Agreement, for the Plaza Banderas
Hotel and Mixed Use Project to the South Coast Investor II, LLC as subsidiary of
Rivendell Land Company.
• On March 17, 2015, the City Council approved a Construction Agreement and an
Appropriation of Funds for the Construction of a Water Pipeline across the I-
S/Ortega Highway Bridge, with Rivendell Land Company, Inc.
• On January 4, 2013, the City Council approved a Personal Services Agreement for
Construction Management Services for the 1-5 and Ortega Highway Interchange
Pipeline Relocation Project (CIP 11805) with RBF Consulting.
• On December 11, 2012, the City Council approved the appropriation of funds and
the award of a construction agreement for the 1-5 and Ortega Highway Interchange
Pipeline Relocation Project (CIP 11805).
City Council Agenda Report
August4,2015
Pa e 5 of 5
• On October 2, 2012, the City Council rejected the one bid submitted by Steve P.
Rados, Inc., ("Rados") and directed Staff to rebid the project.
• On August 7, 2012, the City Council approved the plans and specifications prepared
for the 1-5 and Ortega Highway Interchange Pipeline Relocation Project for bid; and,
authorized staff to proceed with negotiations with the owners of the Plaza Banderas
Hotel.
• On September 6, 2011, the City Council approved a Personal Services Agreement
for Engineering Design Services for the 1-5 and Ortega Highway Interchange
Pipeline Relocation Project (CIP 11805) with Dexter Wilson Engineers, Inc.
• On August 3, 2011, the City Council approved the Development Agreement between
the City and the Plaza Banderas Hotel.
• On July 5, 2011, the City Council approved the second reading of an ordinance
approving the Development Agreement between the City and the Plaza Banderas
Hotel.
• On June 30, 2011, the City Council approved the first reading of an ordinance
approving the Development Agreement between the City and the Plaza Banderas
Hotel.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
• The Utilities Commission reviewed the Agreement with Rivendell Land Company for
the work related to the construction of the New Ortega Line at its regular meeting of
March 17, 2015, and recommended approval of the agreement.
• The Utilities Commission will review this item at its regular meeting on August 18,
2015. If the Utilities Commission recommendation differs from staff's
recommendation, staff will prepare a Supplemental Agenda Report.
NOTIFICATION:
Rivendell Land Company, Inc.
Dexter Wilson Engineering, Inc.
RBF Consulting
Charles King Company, Inc.
A TT ACHMENT(S):
Attachment 1 -Construction Agreement, City/ Rivendell March 17, 2015
Attachment 2 -Amendment No. 2 to the Personal Services Agreement with Dexter
Wilson Engineering, Inc.
Attachment 3-Amendment No. 2 to the Personal Services Agreement with RBF
Consulting
Attachment 4-Amendment No. 2 to Charles King Company, Inc.
Attachment 5 -Resolution
Attachment 6 -California Environmental Quality Act Notice of Exemption
CONSTRUCTION AGREEMENT
This CONSTRUCTION AGREEMENT (the "Agreement"), entered into as of
~Lh._ 1}1 2015 ("Effective Date"), is made between the CITY OF SAN JUAN
CAPISTRANO, a Municipal Corporation ("City"), and Rivendcll Land Company, 1nc., a
California Corporation ("Developer") (each a ''Party" and collectively the "Parties.")
RECITALS:
WHEREAS, the City, and Stroscher 03, LLC ("Stroscher") entered into that certain
Development Agreement, effective August 3, 2011, attached hereto as Exhibit A ("DA''), for the
Plaza Banderas Hotel and Mixed Use Project ("Project"); and,
WHEREAS, Developer proposes to be the successor in interest to Stroscher' s rights and
obligations under the DA; and,
WHEREAS, Section 4.1.3 of the DA requires Developer to arrange for a method to
provide necessary fire flow to the Project; and,
WHEREAS, Caltrans is in the process of reconstwcting the Ortega Bridge over the l-5
near the Project site ("Ortega Bridge Project"); and,
WHEREAS, as part of the 01tega Bridge Project, the City has requested Caltrans to
provide alignments for two pipelines, and to reserve two cells in the bridge for these lines; and,
WHEREAS, the Project's fire flow needs can be met by the construction of two parallel
12-inch pipelines in the bridge -the Replacement Ortega Line and the New Ortega Line (jointly,
"Pipelines"); and,
WHEREAS, City has negotiated with Caltrans a cooperative arrangement whereby City
will be permitted to construct the Pipelines across the bridge and roadway as part of the Ortega
Bridge Project; and,
'WHEREAS, Developer desires that the City constmct the Pipelines as part of the Ortega
Bridge Project to assist Developer in cost-effectively meeting its fire flow obligations under the
DA, and desires to pay, in advance, the C:ity for the actual costs of constmction including design,
permitting, constmction management, City staff time, and traffic control costs; and,
WHEREAS, City is willing to undertake such construction pursuant to the provisions of
this Agreement.
0 ll999\000ll12016150.1 -1-
Attachment 1
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained imd for other good and valuable consideration, the receipt and sufficiency of which are
aclmowledged, City and Developer hereby agree as follows:
ARTICLEl
CITY'S OBLIGATIONS
1.1 City shall prepare contract documents ("Construction Documents"), advertise, and
award and administer a contract ("Construction Contract") for construction of the Pipelines and
for necessary and incidental work associated with constrnction of the Pipelines ("Work") which
construction shall be completed by the lowest responsible bidder ("Contractor").
1.2 City shall be solely responsible for managing and supervising the Work in
accordance with all applicable regulations, Jaws, the Constrnction Documents, and the
Construction Contract.
1.3 City agrees to pay Contractor, timely and in full, for completion of the Work,
subject to the provisions of the Construction Contract.
1.4 City agrees that upon completion of the Work and Developer's full payment of
the Reimbursable Costs (as defined below), the City will provide to Developer ThTitten
acknowledgment that the Developer's assumed obligations under Section 4.1.3 of the DA, to
provide necessary fire flow to the Project, have been fully satisfied.
ARTICLE2
DEVELOPER OBLIGATIONS
2.1 Developer agrees to pay the City for the cost of all Work on the basis of identified
bid items for the Work, which shall be incorporated by this reference and noted herein to this
Agreement ("Reimbursable Costs") estimated to be $640,000.
2.2 Reimbursable Costs shall not include:
2.2.1 Costs arising out of the willful misconduct, breach of this Agreement, or
gross negligence by City, its employees, contractors, vendors, and consultants; and
2.2.2 Any losses, costs, and expenses incurred by City as a result of City's
failure to pcrf01m any obligation under it~ contracts with third parties for the construction of the
Pipelines.
012999\000 l\!2fll61SO.l -2-
ARTICLE3
DEVELOPER DEPOSIT AND REIMBURSABLE COSTS TERMS
3.1 City shall maintain accurate accounting information and financial records
regarding the Work in accordance with generally accepted accounting principles. Within 15
days of execution of the Constmction Contract and the Construction Documents, City shall
furnish final fonns of such agreements to Developer.
3.2 Within 15 days of the Effective Date, Developer shall provide City with a deposit
for the Reimbursable Costs in the amount of $640,000 (the "Deposit").
3.3 Within 5 days of receipt of an invoice from Contractor, City shall provide such
invoice, with all backup documentation, to Developer for review. Developer shall have 5 days
from receipt of each invoice to contest such invoice, or any aspect thereof.
3.3 .1 If Developer contests payment of any invoice or portion thereof,
Developer shall cooperate with City to resolve the dispute with the Contractor pursuant to the
dispute resolution tenns of the Construction Contract if applicable, or alternatively, the dispute
procedures of Section 5.6 ofthis Agreement shall apply.
3.3.2 If Developer fails to contest the invoice within the 5-day period, City shall
promptly and fully pay such invoice using the Deposit and Developer thereby waives all rights to
challenge such invoice and payment.
3.4 !n the event of an approved Change Order that increases the cost of the Work
such that tl1e Deposit is not sufficient to satisfy the completion of the Work, the City shall give
Developer notice of the approved Change Order, including the associated additional costs.
Within 10 days of receipt of notice of the Change Order, Developer shall deposit such additional
funds sufficient to complete the Work.
3.5 Upon completion of Work, as defined by California Civil Code Section 9200, if
ariy portion of the Deposit has not been paid to the Contractor by the City pursuant to Section 3.3
and 3.3.1 (the "Residual Deposit"), such Residual Deposit shall be returned to Developer within
the latter of: (a) 60 days; or (b) the tennination of any applicable dispute resolution process under
this Agreement or the Construction Contract.
ARTICLE4
MUTUAL OBLIGATIONS
4.1 Upon completion, in accordance with the Construction Documents and the
Construction Contract, and \tpon the Parties' compliance with the provisions of Section 1.4
above, the Pipelines shall be the property of the City, and the City shall be responsible for all
operation and maintenance thereof.
012999'000 1112016150.1
4.2 It is agreed that the Pruties will be relieved of their respective duties and
obligations hereunder if perfmmance of this Agreement is prevented by the elements, natural
disaster or acts of God, or if they are ordered or enjoined from performing hereunder by any
conrt or regulatory agency having jurisdiction. Either Party may discontinue perfonnance of its
duties and obligations hereunder if the other Party materially breaches any term or condition of
this Agreement and fails to remedy said breach within 15 days after demand for such remedy
delivered to the Party alleged to have committed the breach (or if the breach is of such a nature
that the breach cannot be cured within said 15-day period, if the Party shall not commence the
cure of such breach during such 15-day period ru1d proceed diligently with the cure thereof).
ARTICLES
GENER4L PROv1SJONS
5.1 Termination. 111is Agreement shall terminate on the date upon which all of the
following have occurred: (!)the Work has been fully completed; and (2) there are no unresolved
claims under the Construction Contract; and (3) City has received payment for all Reimbursable
Costs from Developer under this Agreement.
5.1.1 If the Project, which precipitated this Agreement, is canceled or modified
so as to eliminate the necessity of the Work, this Agreement shall remain in full force and effect,
City shall remain obligated to complete the Work, and Developer shall remain obligated to pay
City the Reimbursable Costs.
5.2 Limitation of LiabiliJ;y. Notwithstanding any provision to the contrary set forth
herein, in no event will ru1y Pa1ty be liable to any other Party or any of their respective agents,
representatives, or employees for any lost revenue, lost profits, loss of use, delay, Joss of
technology, rights or services, incidental, punitive, special or conseqnential damages, Joss of
data, or interruption or loss of use of service, even if advised of the possibility of such damages,
whether under theory of contract, tort (including negligence), strict liability, or otherwise.
5.3 Notices. Any notice required to be given nnder this Agreement shall be in writing
and ei111er served perSonally or sent prepaid, first class mail. Any such notice shall be addressed
to the other Party at the address set forth below. Notice shall be deemed communicated within 48
hours from the time of mailing if mailed as provided in this section.
If to City:
lfto Developer:
012999\0001\12016150,!
City of San Juan Capistrano
32400 Pa~eo Adelanto
Sru1 .!nan Capistrano, CA 92675
Atte: Keith VanDer Maaten, Pnblic Works aJJ.d Utilities Director
Rivendell Land Company Inc.
31866 Ca~nino Capistrano
Sru1 Juan Capistrano, CA 92675
William J. Griffith
-4-
5.4 Relationship of the Parties. The Parties agree that City is independent with
respect to Developer. Nothing in this Agreement shall be construed to make the City, on the one
hand, and Developer, on the other hand, partners or joint ventures or to create an employment
relationship between the City and Developer. Any and all contractual relationships between the
City and the Contractor shall be solely between City and Contractor, and Developer shall not
have any contractual pdvity or relationship with Contractor as a result of this Agreement.
5.5 No Waiver. Waiver of a breach or default under this Agreement shall not
constitute a continuing waiver of a subsequent breach of the same or any other provision under
this Agreement.
5.6 Dispnte Resolution. The Parties agree that all disputes between arising out of or
relating to this Agreement shall be discussed and negotiated in good faith by representatives of
each Party having decision-making authority for a period of no less than ten (10) business days
after snch dispute arises prior to commencing legal action.
5.7 Governing Law. The Parties hereto agree that all of the provisiOns of this
Agreement and any questions concerning its interpretation and enforcement shall be governed by
the laws of the State of California (without regard to the principles of conflict of laws).
5.8 Modification. This Agreement may be modified or amended only by a written
document executed by both Developer and City.
5.9 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jmisdiction, the remaining provisions
of this Agreement shall continue in fnll force and effect.
5 .l 0 No Third Party Beneficiades. This Agreement is entered into solely for the
benefit of the City and the Developer and will not confer any rights upon any person not
expressly a party to this Agreement.
5.1 l No Assignment. No Party may assign (by operation of law or otherwise) this
Agreement to any person without the prior written consent of the other Party, which consent
shall not be reasonably withheld. Any assignment except as provided in this section shall be
void. Subject to the foregoing, this Agreement shall be hinding upon and inure to the benefit of
the Parties hereto and their respective successors and permitted assigns.
5.12 Mutual_Neggjiation. This Agreement and the language contained herein have
been arrived at by the mutual negotiation of the Parties. Accordingly, no provision hereof shall
be construed again:;t one Party or in favor of another Party by reason of draftsmanship.
5.13 Entire Agreement. This Agreement constitutes the complete and exclusive
statement of agreement between City and Developer. All prior wdtten and oral communications,
including correspondence, drafts, memoranda, and representations, are superseded in total by this
Agreement.
012999\0001\120.16150. l -5-
5J4 CounterrurrJ:il. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the Parties
when at least one copy hereof shall have been signed by both Parties hereto. Counterpart
signatures may be transmitted via facsimile, email, or other electronic means and have the same
force and effect as if they were original signatures. In approving this Agreement, it shall not be
necessary to produce or account for more than one such counterpart.
5.15 .AuthoritY to Enter Agreement City and Developer each warrant and represent
that they have all requisite power and authority to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal power,
right, and authority to make this Agreement and to bind each respective Party.
Ol2999WJOI\12016I50.1 -6-
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date
first written above.
CITY:
CITY OF SAN JUAN CAPISTRANO, a Municipal
Corporation
DEVELOPER:
Rivendell Land Company, Inc.
By: ~N~am--e:-=w~il~liru-,-l~J.-G~r~iffi~I~th~------
Title: President
p.1
IN WITNESS WHEREOF, the Parties have ca.used this Agreement to be executed on the date first
written above.
012999~{J001\12Gi6l50.1
CITY:
CITY OF SAN JUAN CAPISTRANO, a Mllllicipal
Corporation
By: Dere-:;k-;R"""e_ev_e __ -----
Mayor
Attest:
Maria Morris
City Clerk, City of San Jum:t Capistrano
Approved As To Fo1m:
StephlUiie Hastings
Attomey, City of San Juan Capistrano
Brownstein Hyatt Farber Schreck, LLP
B·
Naill · William J. Gri
Title: President
Date:
-7-
SECOND AMENDMENT TO
PERSONAL SERVICES AGREEMENT
1-5 AND ORTEGA HIGHWAY INTERCHANGE PIPELINE RELOCATION PROJECT
THIS SECOND AMENDMENT TO THE PERSONAL SERVICES AGREEMENT
between the CITY OF SAN JUAN CAPISTRANO ("City") and Dexter Wilson Engineering, Inc.,
("Consultant") is made and entered into, to be effective the day of----·--------·--' 2015,
as follows:
RECITALS
WHEREAS, the City and Consultant have entered into that Personal Services
Agreement dated September 11, 2011 for Engineering and Design Services for the 1-5 and
Ortega Highway Interchange Pipeline Relocation Project (the "Agreement"); and
WHEREAS, the City and Consultant previously amended the Agreement pursuant to
the FIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT 1-5 AND ORTEGA
HIGHWAY INTERCHANGE PIPELINE RELOCATION PROJECT (the "First Amendment");
and
WHEREAS, all references to the Agreement shall mean the Agreement as amended by
the First Amendment; and
WHEREAS, the City and Consultant desire to further amend the terms of the
Agreement as provided hereunder.
AMENDMENT
NOW, THEREFORE, in consideration of the promises and mutual covenants contained
herein, City and Consultant agree to the amend Sections 1 and 3.1 of the Agreement and to
add Section 20 as follows:
Section 1, Scope is amended to include the Design work related to the Construction of a
Water Pipeline Across the 1-5/0rtega Highway Bridge for the Mission Inn at San Juan; per the
letter proposal by Consultant dated March 31, 2015, (Exhibit 1 ).
Section 3.1, Compensation Amount, is amended to add $32,130 to the Compensation Amount
for a total Compensation Amount of $237,045.
Section 20, Counterparts and Facsimile Signatures, is hereby added to the Agreement to read
in full as follows:
This Agreement may be executed by the Parties in counterparts, which counterparts
shall be construed together and have the same effect as if all the Parties had executed
the same instrument Counterpart signatures may be transmitted by facsimile, email, or
other electronic means and have the same force and effect as if they were original
signatures.
540018 I
61147.02100\10229925 3
Attachment 2
All other provisions of the Agreement not amended hereunder shall remain in full force and
effect.
ATTEST:
By ---~~---~-----~------
City Clerk
APPROVED AS TO FO~M:
s~o{n~:P r:"~ ---------
540028 I
61147.02100\10229925 3
CITY OF SAN JUAN CAPISTRANO
DEXTER WILSON ENGINEERING INC.
March 31, 2015
City of San Juan Capistrano
32400 Paseo Adelante
San Juan Capistrano, CA 92675
Attention: Eric Bauman, Senior Engineer
DEXTER S. WILSON, P.E.
ANDREW M. OVEN, P.E.
STEPHEN M. NIELSEN, P.E.
NATALIE J. FRASCHEITI, P.E,
138-003
Subject: Ortega Highway Hotel-Water Line Design Work in CalTrans ROW
Attached is the proposal from Rick Engineering Company for pavement design and for
traffic control plans for the west side of the Ortega Highway water line improvement plans
related to the Ortega Highway Hotel project. This work will be done under a subconsultant
contract with Dexter Wilson Engineering, Inc.
Dexter Wilson Engineering, Inc.'s fee for subconsultant coordination and administration of
this work is 5 percent of the subconsultant fee which is $1,530. Thus, the total engineering
fee for the work within the CalTrans Right-of-Way is $32,130.
Thank you for the opportunity to provide professional engineering services to the City of
San Juan Capistrano.
Dexter Wilson Engineering, Inc.
/J '
/.;; I .~ /) v~<>'/U~
Andrew Oven, P.E.
AO:ps
Attachment
Exhibit 1
2234 FARADAY AVENUE • CARLSBAD, CA 92008 .. {760) 438-4422 ~ FAX (760) 438-0173
March 31,2015
Mr. Andrew Oven
Dexter Wilson Engineering
2234 Faraday Avenue
Carlsbad, CA 92008
SUBJECT: l-5 & ORTEGA lllGHWAY INTERCHANGE: PIPELINE RELOCATION
(lUCK ENG!NEEil.JNG COMPANY JOB NUMBER 16750)
Dear Mr. Oven:
Rick Engineering Company is pleased to present this proposal to provide professional engineering
services for the subject project. Specifically, this proposal is to prepare plans, specifications, and
estimate for the pavement improvements and traffic control related to the construction of Pipelines
"W4A" and "W12A". Rick Engineering Company will submit this design package to obtain an
encroachment permit from Cal trans District 12 tor construction of the proposed work.
SCOPE OF WORK
Project 1Jescription
Based on the pipeline plans that you had provided to us on March 26, 2015, you are requesting the
following work to be performed:
• Prepare traffic control plans for the installation of pipelines, "W4A" and "W12A".
• Prepare improvement plans to show the proposed saw cutting and restoration of the newly
constructed roadway for the limits stated above. Provide for an Asphalt Concrete (AC) Cold Plane
and Overlay of 0.15 ft. (approx. L5 inches) on the north side of Ortega Highway (SR-74) from
approx. Sta.l 0+00 to the existing bl'idge.
The following summarizes the work to be completed:
Traffic Control:
The traffic control plans will be prepared following the City of San Juan Capistrano and Caltrans
requirements, and will be based on the California Manual on Unifonn Traffic Control Devices
(MUTCD).
Data Collection:
Conduct a field visit along Ortega Highway (SR-74) in the vicinity oflnterstate 5. VerifY existing data in
terms of the surrounding street system, including the number of lanes, signage, and striping.
5620 ~durs Ro<Jd • San C<)!]fornia 921 Hl-2$96 • (619] 291·0707 • F.'\X: (61 291-4165 •
SAN Olf.GO RIVERSIDE ORANGE SACRAMENTO SAN HJIS OBISPO BAKERSflHO DENVER PHOENIX TUCSON
Mr. Andrew Oven
March 31,2015
Page 2: of 12
Traffic Contl'ol Plans:
Prepare traffic .control plans for the work associated with the installation of lines "W4A" and "Wl2A"
along Ort~ga Highway. Six (6) smges of traffic control are assumed.as follows;
Case 1:
Assumes the current conditions with the westbound section of the bridge is not completed; and only one
lane is available for traffic 011 !he I-S Southbound off ramp.
Stage I
Prepare a 40-scale traffic control plan for the work associated with line "W !2A". This stage will also
include .a closure o:fthe adjacent travel lane.
Stages 2 and 3
Prepare a 40-scale traffic control plan for the work associated with line "W4A"; the lateral connection to
"Wl2A".
Case 2 (i(needeif,· dtte Ia Caltrans delm>s):
Assumes the Ortega Highway construction at Interstate 5 is complete.
Stage l
Prepare a 40-scale traffic control plan for the work associated with line "W 12A". This stage will also
include a closure ofthe adjacent travel lane.
Stages 2 and 3
Prepare a 40-scale traffic control plan for the work associated with line "W4A", the lateral connection to
HW1'2At'.
Pavement Relulbilitation
ImJ>rovement Plans:
Prepare improvement plans to show jhe proposed saw cutting aud restoration of the newly constructed
roadway for the limits stated above. Provide for an Asphalt Concrete {AC) Cold Plane and Overlay of
0.15 ft. (approx. 1.5 inches) on the north side of the Ortega Highway (SR-74) from approx. Sta.l 0+00 to
the existing bridge.
Specifications:
The specifications will adhere to tne 2010 Caltrans Standard Specifications and 2013 Greenbook
Specifications. l! is anticipated that supplemental specifications (Special Provisions) will not be needed.
li:stimate:
Prepare an opm10n of probable construction costs for the work related lo the proposed pavement
rehabilitation imd traffic control.
Mr. Andrew Oven
Man;h Jl, 2015
Page 3 of 12
Project Management (Meetings/Coordination/Processing):
Meetings:
Rick Engineering Company wHI attend up to two (2) meetings. Additional costs will be incurred on a
time and materials basis ifadditional m«etings are required.
Project Coordination:
Rick Engineering Company anticipates up to slxteen(l6) boul'!l of project coordination with the Client
and the design team. Additional costs will be incurred on a time and materials basis ifadditlona! project
coor<!ination lime is necessary.
Caltrans Processing
Rick Engineering Company will submit the proposed pavement rehabilitation and traffi9 control plans to
Caltrans District 12 to obtain an Encroachment Penni! to perform and construct this work. All the
necessary fees will be paid for by the Cliept. The fees will vary based on Caltrans District 12 review
time and processing time.
It is anticipated ttiat this project falls under the standard Caltrans Encroachment process for projects
under $1 million dollars. (The cost is based on all work to be performed witllin the Caltrans right of
way.) If it is determined at a later date that the costs for the proposed improvements exceed $1 millk>ll
dollars, then additional costs Will be incurred due to the project needing to meet Caltrans PEER approval
requirements (project costs in excess of$1 million dollars, but less than $3 million).
Project Assumptions:
• Six steges oftraffic control are assumed as described above.
• Any associated fees for pennitting will be the responsibility of the Client, and are not included as
part of this pro)Yosal.
• Existing topography and proposed project improvements will be provided in an electronic format by
the Client.
• As-Builts and pertinent plan information will be provided by the Client.
• Additional stages of traffic cpntrol will require revisions to this proposal.
• Assume$ review by the City of San Juan Capistrano and Caltrans.
• Assum¢o three (3) submitrals to the City and Caltrans. Additional costs will be incurred on a time
and materials basis if additional submittals are required.
• Plans will be prepared utilizing the City of San Juan Capistrano sheet border.
We will perform the above service for a time and materials, not•to-exceed fee of $30,600.01). Work not
specifically described under the scope of work is excluded from this agreement. Additional services
requested by the Client shall be performed on a time and materials basis and billed per our current
schedule of hourly rates (enclosed). Printing and project expen$cs are exclpsive of the costs shown
below and will be billed to the Client at cost.
Mr. AndrewOven
March 31, 2015
Page 4 ofl2
For progress billing purposes, our fees break down as follows:
I) Traffic Control
a) Case I
b) Case 2 (if needed)
2) P~ivement Rellabilitationllmprovement Plans & Estimate
3) Project Management
TOTAL:
$ 8,500.00
$ 7,500.00
$ 8,500.00
$ 5,000c00
$ 30,600.00
Fees and ex:penses will be billed monthly as tbe work progresses and the net amount shall be due within
thiny (30) days from the date of receipt of the invoice in the Client's office.
Exclusions:
• Drainage
• Environmental
• Geotechnical/Lead Compliance Report
• Structural {Bridge)
• HydromodificationiUD!Water Quality
• Utility Relocatiou
• Retaining & Sound Wails
• Bid Support
• Construction Support
• As-Builts
" Surveying and Mapping
• Landscape Architecture
• Right-of-Way Services
• Construction Staking Notes (Slope Stake Notes and Cross Sections)
• Advisory and Mandatory Design Exception Fact Sheets
• Traffic Management Plan (TMP)
STANDARD PROVISIONS OF AGREEMENT:
The enclosed Standard Provisions of Agreement are incorporated herein and made a part of this
agreement.
Mr. Andrew Oven
March 31,2015
Page 5 ofl2
CONTRACT EXECUTION:
If notice is delayed for any reasOIJ beyond sixty (60) days, the parties understand that the terms and
conditions c.ontained herein are .subject to revision.
If you would like us to proceed on this work as outlined above, we ask .that you please sign and retun1
this agreement as our written authoriz,tion.
!f you have any questions regarding tl1is agreement_, please contact me directly. Thank you for requesting
Rick Engineering Company to provide these services.
Sincerely,
EERJNG COMPANY
R.C ... No, 58844, Exp. 06/30/15
Associate Princip!!l
C:\Dooumen!s ancl Settiilgs\nbenneU\LQcal .SettlJlgs\Temporary lnt~mtt Files\Cotttent.OUtlook\SUTEL YND\SR~74 _Ortega H¥.-y_Propnsal
Letter_03·:3 t ~Wl$ _R,ev.doc
Enclosure
APPROVED:
BY: __________________________________ DATE: ________________ __
PRINT NAME:
SECOND AMENDMENT TO
PERSONAl SERVICES AGREEMENT
1-5 AND ORTEGA HIGHWAY INTERCHANGE PIPELINE RELOCATION PROJECT
THIS SECOND AMENDMENT TO THE PERSONAL SERVICES AGREEMENT
between the CITY OF SAN JUAN CAPISTRANO ("City") and RBF Consulting, ("Consultant") is
made and entered into, to be effective the __ day of , 2015, as follows:
RECITALS
WHEREAS, the City and Consultant have entered into that Personal Services
Agreement dated January 4, 2013 for Construction Management Services for the 1-5 and
Ortega Highway Interchange Pipeline Relocation Project (the "Agreement"); and
VVHEREAS, the City and Consultant previously amended the Agreement pursuant to
FIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT 1-5 AND ORTEGA
HIGHWAY INTERCHANGE PIPELINE RELOCATION PROJECT (the "First Amendment"):
and
WHEREAS, all references to the Agreement shall mean the Agreement as amended by
the First Amendment; and
WHEREAS, the City and Consultant desire to further amend the terms of the
Agreement as provided hereunder.
AMENDMENT
NOW, THEREFORE, in consideration ofthe promises and mutual covenants contained
herein, City and Consultant agree to the amend Sections 1 and 3.1 of the Agreement and to
add Section 20 as follows:
Section 1, Scope is amended to include the Construction Management work related to the
Construction of a Water Pipeline Across the 1-5/0rtega Highway Bridge for the Mission Inn at
San Juan; per RBF's proposal dated March 23, 2015 (Exhibit 1).
Section 3.1, Compensation Amount, is amended to add $35,350.00 to the Compensation
Amount for a total Compensation Amount of $219,666.
Section 20, Counterparts and Facsimile Signatures, is hereby added to the Agreement to read
in full as follows:
This Agreement may be executed by the Parties in counterparts, which counterparts
shall be construed together and have the same effect as if all the Parties had executed
the same instrument. Counterpart signatures may be lransmitled by facsimile, email, or
other electronic means and have the same force and effect as if they were original
signatures.
510028 J
61147.'02100\t0230402.3
-1-
Attachment 3
All other provisions of the Agreement not amended hereunder shall remain in full force and
effect.
ATTEST:
By:--=-------------
City Clerk
APPROVED AS TO FORM:
'
By ~ 1;;,e?P~~
5110018 i
81147 02'to0\10230402 3
CITY OF SAN JUAN CAPISTRANO
By:
-2-
March 23, 2015
Mr. Eric P. Bauman, PE
Utilities Department
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
14725 Alton Parkway
Irvine, CA 92618-2027
949,472.3505
949.472.8373 fax
www.rbf.com
www.mb.akercorp.com
133539
Subject: Construction Management Services-Amendment 2-Rev 1
1-5 and Ortega Highway Interchange Pipeline Relocation
Hotei Bridge Lines -Wi 2A, Wi 2, WfJ
Dear Mr. Bauman:
RBF Consulting is pleased to present our Proposal to provide Professional Construction
Management and Inspection services for this project.
After discussion with you, it is RBF's understanding that the Hotel Developer has asked the City of
San Juan Capistrano to complete the Hotel designated pipeline from the project plans. The City
anticipates that construction will commence immediately in March of 2015 and portion may need to
do be completed in early 2016. Our estimate for the construction management and inspection
services associated with this pipeline relocation work is as follows:
Position Number of Hours Hourly Rate Total Amount
Construction Management 80 $165.00 $ 13,200.00
Inspection 120 $ 130.00 $ 15,600.00
Sub-Contractors
Welding Inspection $ 1,500.00
Special Inspection $ 5,230.00
TOTAL $ 35,530.00
We stand ready to commence with this work upon your notice to proceed. Thank you for the
opportunity to submit this proposal. We look forward to again serving the City of San Juan
Capistrano.
Sincerely,
Kieler Smith, PE, QSP/D, CISEC
Construction Management
1:\pdata\OOOOOiOO\IOc\Marketing\Proposals & SOQs\San Juan CapistraM\2013 11 26105 ortega pipel111e relo. Mdl pipeline relo\2013 11 26 le~er pmposal.dcc
Exhibit 1
SECOND AMENDMENT TO
CONSTRUCTION CONTRACT
1-5 AND·ORTEGA HIGHWAY INTERCHANGE PIPELINE RELOCATION PROJECT
THIS SECOND AMENDMENT TO THE CONSTRUCTION CONTRACT ("Second
Amendment") between the CITY OF SAN JUAN CAPISTRANO ("City") and Charles King
Company Inc., ("Contractor") is made and entered into, to be effective the day of
_____ , 2015, as follows:
RECITALS
WHEREAS, the City and Contractor have entered into that Construction Contract dated
January 4, 2013 for Construction Services (the "Agreement") for the 1-5 and Ortega Highway
Interchange Pipeline Relocation Project (the "Project"); and
WHEREAS, the City and Contractor previously amended the Agreement pursuant to
FIRST AMENDMENT TO CONSTRUCTION CONTRACT 1-5 AND ORTEGA HIGHWAY
INTERCHANGE PIPELINE RELOCATION PROJECT (the "First Amendment"); and
WHEREAS, all references to the Agreement shall mean the Agreement as amended by
the First Amendment; and
WHEREAS, the City and Contractor desire to further amend the terms of the
Agreement as provided hereunder.
AMENDMENT
NOW, THEREFORE, in consideration of the promises and mutual covenants contained
therein, City and Consultant agree to amend the Agreement as follows:
1. Section 1, Scope, is amended to include the Construction work related to Construction
of a Water Pipeline Across the 1-5/0rtega Highway Bridge for the Mission Inn at San
Juan; per Contractor's proposal dated May 20, 2015, attached hereto and incorporated
herein by this reference as Exhibit "A".
2. Section 3.1, Compensation Amount, is amended to add $452,867.00 to the
Compensation Amount for a total Compensation Amount of $2,406,589.
3. Section 20, Counterparts and Facsimile Signatures, is hereby added to read in full as
follows:
This Agreement may be executed by the Parties in counterparts, which counterparts
shall be construed together and have the same effect as if all the Parties had executed
the same instrument. Counterpart signatures may be transmitted by facsimile, email, or
other electronic means and have the same force and effect as if they were original
signatures.
4. Section 5b, Time of Commencement and Completion, is hereby replaced in its entirety
as follows: All work related to this contract will be completed by December 20, 2015.
540028. I
61147.02100\10669788.1
-1-
Attachment 4
5. Contractor accepts the terms and conditions stated herein as full and final settlement of
any and all claims arising from this Second Amendment The adjustments to the
Compensation Amount and the time for completion of the Project in this Second
Amendment constitutes the entire compensation and/or adjustment thereto due to
Contractor, including direct, indirect, consequential, and overhead (field and home
office) costs, arising out of or related to the change in the work on the Project covered
by this Second Amendment By signing this Second Amendment, Contractor agrees to
accept the amount of the adjustment to the Compensation Amount, and the adjustment
of the time for completion of the Project, as payment in full and full mutual accord and
satisfaction for all costs, including direct, indirect, consequential, and overhead (field
and home office) costs, related to the change in the work on the Project covered by this
Second Amendment
6. All other provisions of the Agreement not amended hereunder shall remain in full force
and effect
ATTEST:
By: __ ~~------------------
City Clerk
APPROVED AS TO FORM:
By: ________________________ _
City Attorney
54002X.l
61147.02100\10669788.1
-2-
CITY OF SAN JUAN CAPISTRANO
By: ______________________ __
CONTRACTOR
By:---,---,-------------,------
Charles King Company, Inc.
EXHIBIT "A"
Charles King Company, Inc., Proposal for Second Amendment
54001/i.l
61147.02100\10669788.1
[Proposal Attached Behind This Page]
May 20,2015
City of San Juan Capistrano
32400 Pasco Adelnto
San Juan Capistrano, CA 92675
Attn: Eric Bauman
Project: 1-5 Ortega Highway Interchange Pipeline Relocation
Proposal Addendum #2 Reference:
Dear Eric,
The following is onr proposal for the work for Addendum #2:
7D Rmv .. ACP @15+90 to 18+35 conflicts with W6
14 Traffic Control for W6
15 S&l 12" PVC, (W6)
16 Conn. W6 to pipe W12 @16+ 16.00
17 Cnct W6 to W6B @28+99.31, + 12" DIP Tee, 3-12" GV and Fittings,
25. Remove Existing Steel Casing, Disposal of 14" ACP Pipe inside casing
51. Traffic Control for W2 and W3A
58 S&l 12" PVC, (W12A)
59 Connection W12A to pipe W12 @12+87.00
60 S&I 12" PVC, (W 4A),
60A Add l-inch service
60B Dowel & rebar
60C Concrete replace.
60D Saw cut 24" Asphalt
60E Replace 24" Asphalt
60F Saw cut 1 0" Concrete
60G R&R -Overlay 112 St. 1.5-inch
63 Traffic Control for W3 and W 12
65 Double Ball Expansion Joint
66 2" AV per W-16
67 12" CML&C (Wl2) +Steel Casing, +PVC,
67A Increase in Steel Costs
Total Costs
$20,825.00
$11,500.00
$53,332.00
$12,200.00
$20,400.00
$5,825.00
$11,500.00
$54,528.00
$6,500.00
$16,775.00
$12,500.00
$8,520.00
$7,100.00
$22,720.00
$32,092.00
$4,544.00
$31,350.00
$11,500.00
$15,000.00
$2,300.00
$86,856.00
$5,000.00
$452,867.00
If you have any questions or require additional information, please contact our office.
Sincerely,
Scott King
Copy to: Job 6012
RESOLUTION NO. 15-08-04-XX_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, WAIVING
COMPETITIVE BIDDING AND MAKING FINDINGS IN
SUPPORT THEREOF
WHEREAS, the City received competitive sealed bids for the 1-5 and Ortega
Highway Interchange Pipeline Relocation Project ("Project") on November 15, 2012;
and
WHEREAS, Charles King Company, Inc. ("CKC"), was the lowest responsible
bidder submitting a responsive bid of $1 ,990, 133; and
WHEREAS, part of the Project included work to install an additional waterline in
the Ortega Bridge ("New Ortega Line") to satisfy fire flow requirements of the Plaza
Banderas Hotel to be paid for by Stroscher G3, LLC ("Stroscher"); and
WHEREAS, after bids had been opened, Stroscher cancelled its plans and its
participation in the New Ortega Line; and
WHEREAS, the contract for construction of the Project ("Contract") was awarded
without the New Ortega Line to CKC; and
WHEREAS, Rivendell Land Development, Inc. ("Rivendell"), purchased all rights
to the Plaza Banderas Hotel from Stroscher and now desires to have the City add the
New Ortega Line to the Contract with CKC; and
WHEREAS, the City entered into an agreement with Rivendell whereby Rivendell
agreed to advance $640,000 to the City to pay for all expenses related to the New
Ortega Line; and
WHEREAS, the Project is being constructed in conjunction with the
reconstruction of the Ortega Bridge by Caltrans ("Ortega Bridge Project"); and
WHEREAS, the window of time to construct the New Ortega Line prior to
completion of the Ortega Bridge Project is too short to allow the City to separately bid
the New Ortega Line; and
WHEREAS, construction of the New Ortega Line after completion of the Ortega
Bridge Project would incur substantial additional costs resulting from removal of finished
work on the Ortega Bridge Project to install the pipeline and refinishing following
installation; and
WHEREAS, construction of the New Ortega Line after completion of the Ortega
Bridge Project would also negatively impact the City's traveling public because it would
entail lane closures while construction is ongoing; and
Page 1 of 3
Attachment 5
WHEREAS, the City has determined that the cost of constructing the New
Ortega Line will amount to $452,867, which was calculated based on the original unit
prices bid by CKC plus additional costs due to changed construction conditions; and
WHEREAS, competitive bidding is not required when the nature of the contract is
such that competitive bidding would be unavailing or would not produce an advantage,
and the advertisement for competitive bids would thus be undesirable, impractical or
impossible (Graydon v. Pasadena Redevelopment Agency ( 1980) 104 Cai.App.3d 631 );
and
WHEREAS, the public policy purpose served by competitive bidding is to guard
against favoritism, improvidence, extravagance, fraud and corruption; to prevent the
waste of public funds; and to obtain the best economic result for the public (Graydon,
citing 10 ~JicQuillin, Municipal Corporations (3d ed.) § 29.29).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Juan Capistrano, as follows:
Section 1. The facts set forth in the recitals above are true and correct and
hereby incorporated into the City Council's findings and determinations.
Section 2. The City Council hereby finds and determines that because Rivendell
is paying the entire cost of adding the New Ortega Line to the Contract with CKC and
because performing this work at a later date would incur substantial additional costs and
negatively impact the City's traveling public due to the need to lengthen the construction
process, competitive bidding is unavailing and would not produce any public advantage,
and is, therefore, undesirable and impractical.
Section 3. The City Council further finds and determines that since no public
monies are to be utilized on the New Ortega Line, the public policy served by
competitive bidding is not implicated here.
Section 4. The City Council, therefore, waives the requirement of competitive
bidding for the New Ortega Line work and authorizes the New Ortega Line work to be
done by CKC pursuant to an amendment to the Contract.
Section 5. The Mayor is hereby authorized to execute and deliver the
amendment to the Contract with CKC adding the New Ortega Line work following the
City Council's adoption of this Resolution and to do or cause to be done any and all
other acts and things necessary and proper for carrying out this Resolution.
Section 6. The City Clerk shall certify to the passage and adoption of this
resolution and the same shall thereupon take effect and be in force immediately upon its
adoption.
Page 2 of 3
PASSED, APPROVED AND ADOPTED by the City Council of the City of San Juan
Capistrano, on the day of , 2015, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Attest:
Maria Morris
City Clerk
Approved:
Derek Reeve
Mayor
Page 3 of 3
1"1LED
AUG I 7 lll12
TOM DALY. ClEH •
By-------f)--;~-
•
POSTED
AUG r7 2012
Recorded In Ofl'lclef Records, Orange county
ll~ililii~iiiUililiilili~IIIII~IIIIIIUI NO FEE * $ R 0 0 0 5 0 7 0 0 6 7 $ *
20128500078611:58 am 08/17/12
46SC2Z01
0.00 60.00 0.00 0.00 0.00 0.00 0.00 0.00
(above for use by County Chlrk,Recorder's Offics only
NOTICE OF EXEMPTION
From: Development Services Department
32400 Paseo Adelanto
San Juan Capistrano, California 92675
1. APPLICANT: City of San Juan Capistrano
2. ADDRESS: 32400 Paseo Adelanto, Sen Juan Capistrano, CA, 92675
3. PHONE NUMBER: (714) 443-6302
4. LEAD AGENCY: City of San Juan Capistrano
5. PROJECT MGR.: Eric Bauman P. E., Utilities Engineer
6. PROJECT TITLE: 1-5 and Ortega Hwy Interchange Pipeline Relocation Project
7. DESCRIPTION: The proposed project consists of the relocation of 2,346 If of
pipe in trenched areas, 694 If of pipe in cells of the new 15 bridge, for a total of
3,040 If of 12-inch replacement pipeline; the abandonment of 2,864 If of water
and sewer lines, and the relocation of two sewer system manholes within the
area of potential effect for the "Interstate 5/ State Route 74 (Ortega Highway)
Interchange Improvement Project." Installation of the sewer and water facilities
integrates with the proposed interchange improvement project; currently under
final design by the California Department of Transportation (Caltrans). By
installing the pipelines in coordination with Caltrans' demolition and grading
operations, and during Caltrans' construction period, the City minimizes direct
impacts of the project and avoids the need to disrupt the street in the future. The
project maintains the existing reliability and quality of service within the existing
water distribution system and sewer system to adequately serve existing users,
and to meet increasing fire safety demands. Paved roadway covers 2,360 If of
the pipeline route and existing parking lots with non-native vegetation cover 680
If of the pipeline outside the road right of way. The pipeline construction depth
ranges from approximately 4 to 5 feet below the existing surface. The project
includes trenching excavation, pipeline installation, backfilling, compacting, and
soil replacement all within the construction zone of the Caltrans interchange
improvement project.
ADMINISTRATIVE DETERMINATION: City staff has completed a preliminary review of
this project in accordance with the City of San Juan Capistrano's Environmental Review
Guidelines and the California Envifonmental Quality Act (CEQA). Based on that review,
the staff finds that the proposed project constitutes a ministerial action because it
require an encroachment permit/license agreement which are ministerial actions under
the City's permit processing requirements. Therefore, staff has determined that further
environmental evaluation is not required because:
ATTACHMENT 6
.;an Juan Capistrano, California
.nd Ortega Hwy Interchange Pipeline Relocation Project
.otice of Exemption
cc:
[] "The activity is covered by the general rule that CEQA applies only to
projects which 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 may have a significant effect on the
environment, the activity is not subject to CEQA" (Section 15061 (b)(3)); or,
[x] The project is statutorily exempt, Section 15282(k) (The installation of new
pipeline or maintenance, repair, restoration, removal, or demolition of an
existing pipeline as set forth in Section 21080.21 of the Public Resources
Code, as long as the project does not exceed one mile in length); or,
[] The project is categorically exempt, Class_, <name> (Section 15301-
15329); or,
[ ] The project does not constitute a "project" as defined by CEQA (Section
15378).
[ ] project file
[] CEQA file
ll CountY Clerk
FILED
AUG 1 .7 2012
POSTED
AUG f 7 2017.
1llll DAI.~RfCOAOER
·Jt DEPIIIY