RESOLUTION NO. 24-159
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AWARDING A PROFESSIONAL SERVICES CONTRACT TO PACIFIC RAILWAY ENTERPRISES, INC. FOR THE PEDESTRIAN AUDIBLE WARNING SYSTEM REHABILITATION PROJECT, PROJECT NO. 25505, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT IN AN AMOUNT NOT TO EXCEED $248,481, APPROVING A 10% PROJECT CONTINGENCY AND DETERMINING THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 2 (REPLACEMENT OR RECONSTRUCTION, 14 CCR 15302), SECTION 15302 OF THE STATE CEQA GUIDELINES WHEREAS, on June 7, 2024, the City successfully renewed its waiver with the Federal Railroad Administration for an additional five years ending on June 7, 2029; and WHEREAS, this system is allows for the City to enjoy the use of custom horns in place of wayside horns and train horns of passerby trains through the City; and WHEREAS, the City’s current equipment deployed for its Pedestrian Audible Warning System (PAWS) is no longer supported by its original manufacturer and the City’s inventory of spare parts is being depleted without the ability to replacement its dwindling supply; and WHEREAS, in April 2024, the City publicly advertised for a qualified and experienced design engineer to provide an engineered solution to its PAWS system; and WHEREAS, on April 12, 2024, staff received one responsive proposal from Pacific Railway Enterprises, Inc. in the amount of $248,480.89 for the design, permitting, bid support and construction support services of the rehabilitation of the City’s PAWS system; and WHEREAS, Pacific Railway Enterprises, Inc. has the expertise and qualifications to perform the work and its price is fair and reasonable.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
SECTION 1. That the above recitations are true and correct and incorporated fully herein.
SECTION 2. That based on substantial evidence in the record as a whole, the project is hereby determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR 15302), Section 15302 of the state CEQA Guidelines because it consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced, will have substantially the same purpose and capacity as the structure replaced, and will not have a direct or foreseeably indirect substantial impact on the environment.
SECTION 3. That the City Manager is authorized and directed to execute a professional services contract for the Pedestrian Audible Warning System Rehabilitation, CIP Project No. 25505, with Pacific Railway Enterprises, Inc. in an amount not to exceed $248,480.89, in a form substantially similar to that presented to the City Council on October 15, 2024.
SECTION 4. That a 10% project contingency is hereby approved and the City Manager is authorized to use the same as may be necessary and proper, including executing a contract amendment should it be necessary, for any unforeseen efforts needed in securing the regulatory and railroad permits.
SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of ____________________, 2024.
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-159 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
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Resolution No. 23-159 Page 3
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