1. Iteris, Inc.
2. Advantec Consultant Engineers, Inc.
3. Hartzog and Crabill
4. STC, Inc.
Staff reviewed the proposals for their ability to perform the service, ability to meet time requirements, reference checks, and reasonableness of cost.
Discussion:
Staff recommends Iteris, Inc. for on -call traffic engineering services for the City's tra ffic signal operations due to their extensive experience providing similar services to multiple cities in Southern California, including neighboring communities. Iteris, Inc. is currently on-call with the Cities of Lake Forest and Laguna Woods. Given that traffic signal systems require coordination across multiple jurisdictions, their experience working with adjacent agencies and OCTA is essential for ensuring regional project integration. The City's current agreement for on-call traffic engineering service s for traffic signal operations is with Hartzog and Crabill.
The City anticipates being awarded funding through OCTA for the Alicia Parkway Regional Traffic Signal Synchronization Project and La Paz Road Regional Traffic Signal Synchronization Project during fiscal years 2025 -26 through 2027-28. If awarded, it is estimated that project specific traffic signal operations services in the amount of $50,000 would be required for these projects, which is outside the scope of daily traffic signal operation services. Construction funds will be appropriated at the time the grant is awarded.
The initial term of the agreement will be from July 1, 2025 through June 30, 2028. The City has the option to renew the agreement for two (2) additional one-year terms.
Attachment:
1. Agreement
198
60367.01100\33488377.1
- 1 -
CITY OF ALISO VIEJO
PROFESSIONAL SERVICES AGREEMENT
FOR
ON-CALL TRAFFIC ENGINEERING SERVICES FOR TRAFFIC SIGNAL
OPERATIONS
1. PARTIES AND DATE.
This Agreement is made and entered into this day of , 2025, by and between the City of Aliso Viejo, a municipal corporation organized under the laws of the State of California with its principal place of business at 12 Journey, Suite 100, Aliso Viejo, California 92656 (“City”) and Iteris, Inc. a corporation, with its principal place of business at 1700 Carnegie Avenue, Suite 100 Santa Ana CA 92705 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of professional consultant services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing professional consultant services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for On-Call Traffic Engineering Services for Traffic Signal Operations (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services . Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consultant services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2025 to June 30, 2028, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than tw o additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
199
60367.01100\33488377.1
- 2 -
3.2.1 Control and Payment of Subordinates; Independent Contractor . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant shall complete, execute, and submit to City a Request for Taxpayer Identification Number and Certification (IRS FormW -9) prior to commencement of any Services under this Agreement. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control.
Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services.
3.2.2.1 Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.2.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non -performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the Services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a p ublic agency applicable to the Services and Agreement.
3.2.2.3 Should a Force Majeure Event occur, the non -performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being 200
60367.01100\33488377.1
- 3 -
made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.2.3 Conformance to Applicable Requirements . All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Steven Bradley.
3.2.5 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Public Works Director/City Engineer, or his or her designee, as the City’s contact for the implementation of the Services hereunder. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.6 Consultant’s Representative . Consultant hereby designates Steven Bradley, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services . Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees . Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents and maintains that all employees and subconsultants have 201
60367.01100\33488377.1
- 4 -
undergone workplace harassment training and completed criminal background checks with no felony or misdemeanor violations within 5 years prior to performance of the Services. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re -employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations . Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to s uch laws, rules and regulations , Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance . Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.10.2 Types of Insurance Required . As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000,000 per occurrence, and if written with an 202
60367.01100\33488377.1
- 5 -
aggregate, the aggregate shall be double the per occurrence limit.
Defense costs shall be paid in addition to the limits.
The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident.
(c) Contractors Pollution Liability: (if necessary)
Contractors Pollution Liability Insurance covering all of the contractor’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $5 million per loss and $10 million total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another.
If coverage is written on a claims -made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(d) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).
If coverage is written on a claims -made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(e) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
203
60367.01100\33488377.1
- 6 -
3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(a) The policy or policies of insurance required by Section 3.2.10.2 (a) Commercial General Liability and (c) Contractor’s Pollution Liability shall be endorsed to provide the following:
(1) Additional Insured: The City of Aliso Viejo , its officials, officers, employees, agents, and volunteers shall be
additional insureds with regard to liability and defense of suits or claims arising out of the performance of the
Agreement.
Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Consultant; or (4) contain any other exclusions contrary to the Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non -payment of premium.
(b) The policy or policies of insurance required by Section 3.2.10.2 (b) Automobile Liability and (d) Professional Liability shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non -payment of premium.
(c) The policy or policies of insurance required by Section 3.2.10.2 (e) Workers’ Compensation shall be endorsed to provide the
following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non -payment of premium.
204
60367.01100\33488377.1
- 7 -
3.2.10.4 Primary and Non -Contributing Insurance . All insurance coverages shall be primary and any other insurance, deductible, or self -insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.
3.2.10.6 Deductible. Any deductible or self -insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.10.7 Evidence of Insurance . The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.10.8 Failure to Maintain Coverage . Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.
In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.
3.2.10.9 Acceptability of Insurers . Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.10.10 Insurance for Subconsultants . All Subconsultants shall be included as additional insureds under the Consultant’s policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant’s policies.
205
60367.01100\33488377.1
- 8 -
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions where applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Thousand DOLLARS ($200,000.00) (“Total Compensation”) without written approval of City’s City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation.
Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all non-disputed and approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Prevailing Wages; DIR Registration.
3.3.5.1 Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. 206
60367.01100\33488377.1
- 9 -
If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.3.5.2 If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection . Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination . City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
207
60367.01100\33488377.1
- 10 -
3.5.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices . All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant:
Iteris, Inc.
1700 Carnegie Avenue, Suite 100
Santa Ana, CA 92705
City:
City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656
Attn: Shaun Pelletier, Public Works Department
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
208
60367.01100\33488377.1
- 11 -
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information (“Proprietary Information”) unless the City’s legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information.
Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either:
(1) Consultant fails to fully indemnify, defend (with City’s choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non - appealable order by a court of competent jurisdiction requires that City release such information.
3.5.4 Fraud Policy . Consultant shall provide a copy of the City’s Fraud Prevention Policy to each of its employees assigned to perform Services under this Agreement.
Consultant shall submit to the City a statement signed by an authorized representative for Consultant certifying receipt of the City’s Fraud Prevention Policy. A finding by the City that any of Consultant’s employees have committed fraud against the City or have violated the City’s Fraud Prevention Policy shall be grounds for appropriate discipline, up to and including such employee’s removal from performance of this Agreement at City’s request and/or termination of this Agreement. Consultant shall reimburse the City for any costs and expenses associated with fraud against the City.
3.5.5 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.6 Attorney’s Fees . If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action. 209
60367.01100\33488377.1
- 12 -
3.5.7 Indemnification.
3.5.7.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City .
Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.
3.5.7.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.5.8 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.9 Governing Law . This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.5.10 Time of Essence . Time is of the essence for each and every provision of this Agreement.
3.6 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.8 Assignment or Transfer . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
210
60367.01100\33488377.1
- 13 -
3.9 Construction; References; Captions . Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.10 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.11 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.12 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.13 Invalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.14 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.15 Equal Opportunity Employment . Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
211
60367.01100\33488377.1
- 14 -
3.16 Labor Certification . By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self - insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.17 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and 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 bind each respective Party.
3.18 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.19 Declaration of Political Contributions. Consultant shall, throughout the term of this Agreement, submit to City an annual statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve-month period by the Consultant and all of Consultant’s employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Agreement.
3.20 Subcontracting.
3.20.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following page.]
212
60367.01100\33488377.1
- 15 -
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ALISO VIEJO AND ITERIS, INC.
IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this ____ day of __________, 2025.
CITY OF ALISO VIEJO
Approved:
By:
Mitzi Ortiz
City Manager
ATTEST:
By: _______________________________
Janet Martinez
City Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney
APPROVED AS TO COMPLIANCE
WITH BUDGET
By:
Ann Eifert
Director of Financial Services
ITERIS, INC.
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:
Its:
Printed Name:
By:
Its:
Printed Name:_________________________
213
60367.01100\33488377.1
- 16 -
CITY OF ALISO VIEJO
DECLARATION OF POLITICAL CONTRIBUTIONS
Using the space provided below, please list any political contributions of money, in -kind services, or loans made to any member of the City Council within the last twelve (12) months by Consultant and all of Consultant’s employees, including any employee(s) that applicant intends to assign to perform the work or services described in this Agreement:
To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:
City/County/State Date
Name of Business Print Name
Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
214
60367.01100\33488377.1
- 17 -
CITY OF ALISO VIEJO
ACKNOWLEDGMENT OF RECEIPT OF FRAUD POLICY
I hereby acknowledge that I have received a copy of the City’s “Fraud Prevention Policy” dated October 1, 2008. I understand that I am to promptly read its contents and distribute copies to employees assigned to perform Services for the City of Aliso Viejo.
To the extent that provisions of this policy conflict with previously issued policies or practices, whether or not such policies and practices were contained in written policies, this policy shall prevail.
Name of Business Print Name
Signature
Date
215
60367.01100\33488377.1
A-1
EXHIBIT “A”
SCOPE OF SERVICES
Traffic Engineering Services for Traffic Signal Operations
The scope of the work includes the review of scheduled traffic signal operations in the Aries and/or Centracs software, continuous monitoring of traffic signals using Econolite Aries and/or Centracs traffic control software, reporting problems of traffic signal operations, maintenance of traffic signal coordination system, responding to traffic signal complaints, plan checking, and preparing recommendations and other contract documents as required for public works construction projects.
Task 1. Set-up.
a. Review ‘Scheduled Operations’ on Ar ies and/or Centracs specifically for the City’s system to automatically perform a variety of maintenance tasks. b. Provide recommendations for communications between the City and the on - street master controllers.
c. Provide recommendations for any traffic signal equipment upgrades.
Task 2. Monitor traffic signal operations. Using Aries and Centracs software to monitor all traffic signal operations daily. Provide maintenance support on all traffic signals in the City. Daily tasks include:
a. Operations. Verify daily that all traffic signals are in good working order. b. Scheduled Operations. Automatically gather and store historical data and real - time information of traffic signal operations
c. Historical Data. Verify historical data to identify traffic volumes and patterns to assist in determining adjustments to signal timing.
d. Verify Timing. Verify timing is programmed correctly in each master and local controller.
Task 3. Reporting.
a. Report traffic signal problems and malfunctions to the City’s traffic signal maintenance contractor within 24 hours.
b. Coordinate and verify all requested maintenance work is properly completed by the traffic signal maintenance contractor.
c. Provide to the City a monthly report of problems with the traffic signal equipment.
Task 4. Traffic signal coordination. Maintain and make adjustments to the traffic signal coordination system by performing the following activities. a. Assist the City in resolving traffic signal control complaints. Assistance may include contacting the complainant directly.
b. Investigate and make recommendations to the City on identified traffic signal improvements such as any new coordinated signal control system, more 216
60367.01100\33488377.1
A-2
efficient signal phasing, equipment upgrade, and significant timing adjustments.
c. Update traffic counts if necessary.
Task 5. Plan Checking and Report Reviews.
a. The traffic signal plan checker will be responsible for checking traffic signal plans for public and private development projects in conformance with City and accepted traffic engineering practices.
Task 6. Prepare Design Recommendations and Other Contract Documents a. Prepare design recommendations, specifications, plans and other contract documents as required for traffic signal related public works construction projects.
Task 7. Traffic Signal Synchronization Program Support
a. Provide support for Traffic Signal Synchronization Projects. 217
60367.01100\33488377.1
B-1
EXHIBIT “B”
SCHEDULE OF SERVICES
In the event that this Agreement is renewed pursuant to Section 3.1.2, the first renewal period shall be from July 1, 202 8 to June 30, 202 9. The second renewal period shall be from July 1, 2029 to June 30, 2030.
218
60367.01100\33488377.1
C-1
EXHIBIT “C”
COMPENSATION
See attached.
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be adjusted each year at the time of renewal described in Exhibit “B” in accordance with the annual average Consumer Price Index of the prior calendar year , All Urban Consumers, Los Angeles-Long Beach-Anaheim up to a maximum percentage of five percent (5%).
219
April 16, 2025
Quang Le
Associate Engineer
City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656
Re: Cost Proposal for City of Aliso Viejo, On-Call Traffic Engineering Services 11477-320.25
Dear Mr. Le:
Iteris, Inc. (Iteris) submits our fee proposal to provide services for On-Call Traffic Engineering Services.
Table 1 – Hourly Rates
Rates Effective Through 6/30/2026
STAFF CLASSIFICATION Max
Support Staff I $130
Support Staff II $213
Assistant Engineer/Planner $133
Associate Engineer/Planner $176
Engineer/Planner $200
Senior Engineer/Planner/Manager I $236
Senior Engineer/Planner/Manager II $254
Lead Engineer/Senior Manager $302
Associate Vice President/Principal/Director $335
Vice President/Chief Scientist $435
Default Standard Terms and Conditions
• Rates subject to annual adjustments.
• Subconsultant, Subcontractor and Equipment expenses to be billed at negotiated cost plus markup. • Other direct expenses to be billed at cost, unless otherwise negotiated. • Mileage rates will be based upon current IRS standard rates.
Thank you for the opportunity to submit our proposal. Iteris acknowledges receipt of Q&A response published via email on 4/9/2025. This proposal is submitted subject to the successful negotiation of a mutually agreeable contract between Iteris and the City. Iteris will not take any exceptions to the RFP or Professional Services Agreement. The cost proposal will remain valid for a period of at least 180 days. Iteris confirms there are sufficient financial resources needed to perform services. Iteris looks forward to assisting the City on this important project.
Please contact me at (949) 270-9647 or [email protected], or the designated Project Manager (PM), Mr. Ingoglia, at (949) 543-0914 or [email protected], should you have any questions.
Sincerely,
Iteris, Inc.
Steven Bradley, PE
Senior Vice President | Mobility Consulting Services, West Steven Bradley, PE is authorized to
execute legal documents on behalf of
Iteris.
220
City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
1 of 8
PURPOSE
To establish Policy and procedures for the prev ention and detection of fraud and other related dishonest activities against th e City and, when appropriate, to pursue legal remedies available under the law.
This Policy has been established to ensure that elected officials, officers, employees, and members of advisory boards, commissions and committees of the City of Alis o Viejo are aware of the following:
1. Acts that are considered to be fraudulent;
2. Procedures for reporting suspected fraudulent acts;
3. Steps to be taken when fraud or other rela ted dishonest activities are suspected; and
4. Consequences to expect when a dishonest act is reported.
Further, this Policy delineates management’s responsibility for instituting and maintaining a system of internal control to prevent and detect fraud, misappropriations and other irregularities, and to be alert for any indications of such misconduct.
POLICY
1. GENERAL
The City of Aliso Viejo is committed to protecting its assets against the risk of loss or misuse.
Accordingly, it is the policy of the City to identify and promptly investig ate any possibility of fraudulent or related dishonest ac tivities against the City and, w hen appropriate, to pursue legal remedies available under law.
2. DEFINITIONS
a. Fraud
– Fraud and other similar irregularities including, but not limited to:
i. claim for reimbursement of expenses that are not job-related or authorized by current policy;
ii. forgery or unauthorized alteration of doc uments (checks, time sheets, independent contractor agreements, purchase orders, budgets, etc.); 221
City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
2 of 8
iii. misappropriation of City assets (funds, securi ties, supplies, furniture, equipment, etc.);
iv. improprieties in the handling or reporting of money or financial transactions;
v. authorizing or receiving payment for goods not received or services not performed;
vi. computer-related activity involving unauthor ized alteration, destruction, forgery, or manipulation of data or misappropriation of City-owned software;
vii. misrepresentation of information on documents;
viii. any violation of Federal, State, or Local laws related to dishonest activities or fraud;
ix. seeking or accepting anything of material value from those doing business with the City, including vendors, consultants, contract ors, lessees, applicants, and grantees.
Materiality is determined by t he City’s Conflict of Interest Code, which incorporates the Fair Political Practices Commission’s regulations;
x. obtaining profit or personal ga in as a result of “insider” knowledge of City activities;
xi. disclosing confidential and proprietary information to outside parties; or
xii. Intentional, false representation or concealment of material fact for the purpose of personal gain.
b. Employee
– Any individual or group of individuals who receive co mpensation, either full or part-time, from the City of Alis o Viejo for employment or prov iding services. The term also includes any volunteer who provides services to the City through an official arrangement with the City or a City organization, as well as cons ultants, vendors, contra ctors, outside agencies and/or any other parties with a business relationship with the City of Aliso Viejo.
c. Official
- Elected officials, officers, and me mbers of advisory or appointed boards, commissions and committees.
d. Management – Any administrator, manager, director , supervisor, or other individual who manages or supervises funds or other resources, including human resources.
222
City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
3 of 8
e. Internal Auditor – Any person or persons assigned by the City Manager to investigate any fraud or similar activity.
f. External Auditor – Independent audit prof essionals who perform annual audits of the City’s financial statements.
3. INVESTIGATION
a. It is the City’s intent to fu lly investigate any suspected acts of fraud. An objective and impartial investigation will be conducted regardless of the posit ion, title, length of service or relationship with the City of any party who mi ght be or become involv ed in or becomes the subject of such investigation.
b. Each department of the Ci ty is responsible for institut ing and maintain ing a system of internal control to provide r easonable assurance for the prev ention and detection of fraud.
Management should be familiar with the types of improprieties that might occur within their area of responsibility and be alert for any indications of such conduct.
c. The Internal Auditor, in conjunction with the City Attorney, has the primary responsibility for the investigation of fraud.
d. Throughout the investigation, the Internal Auditor will info rm the City Manager of pertinent investigative findings.
e. Employees will be gr anted “whistle-blower protection,” as described below when acting in accordance with this Policy. When informed of suspected fraud, neither the City nor any person acting on behalf of the City shall:
i. dismiss or threaten to dismiss the Employee reporting the suspected fraud;
ii. discipline, suspend, or th reaten to discipline or sus pend the Employee reporting the suspected fraud;
iii. impose any penalty upon the Employee reporting the suspected fraud, or;
iv. intimidate or coerce the Employ ee reporting the suspected fraud.
223
City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
4 of 8
Violations of these “whistle-blower protections” may result in discipline up to and including dismissal.
f. Upon conclusion of the investigation, the results will be reported to the City Manager.
g. The City Manager, following review of investi gation results, will take appropriate disciplinary action regarding Employee misconduct. Discipl inary action can include termination of employment or a contract, and referral of the case to the District Attorney’s Office for possible prosecution.
h. The City will pursue every r easonable effort, including court or dered restitution, to obtain recovery of City losses from the offender, or other appropriate sources.
PROCEDURE
1. RESPONSIBILITIES OF OFFICIALS
a. If an Official has reason to su spect that a fraud has occurred, he or she shall immediately contact the City Manager.
b. An Official shall not attempt to investi gate the suspected fraud or discuss the matter with anyone other than the City Manager.
c. The alleged fraud or audit in vestigation shall not be di scussed with the media by any person other than through the City Manager in consultation with the City Attorney and the Internal Auditor.
2. MANAGEMENT RESPONSIBILITIES
a. Management is responsible for detecting, pr eventing and reporting frau d in their areas of responsibility.
b. Each manager should be familiar with the types of fraud t hat might occur in his or her area and be alert for any indication that fraud is or was in existence in his or her area.
c. When fraud is detected or suspected, M anagement should determine whether an error or mistake has occurred or if there may be dishonest or fraudulent activity.
224
City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
5 of 8
d. If Management determines a suspected activity may involve fraud, they should contact their immediate supervisor. In the event the acti vity involves the immediate supervisor, the activity should be reported to the Department Director.
e. Upon being notified of su spected fraud, Department Direc tors shall inform the City Manager.
f. Management should not attempt to conduct in dividual investigations, interviews, or interrogations. However, Management is re sponsible for taking appropriate corrective actions to ensure adequate controls exist to prevent reoccurrences of fraud.
g. Management shall cooperate fully with the Inte rnal Auditor, other involved departments, and law enforcement agencies in the detection, reporting, and investigation of fraud, including the prosecution of offenders.
h. Management will have full and unrestricted access to all necessary records and personnel.
All City furniture and c ontents, including desks and computer s, are open to inspection at any time. There is no assumption of privacy.
i. In dealing with suspected fr aud, great care must be taken. Management should not:
i. make accusations;
ii. alert individuals suspected of committi ng fraud that an investigation is underway;
iii. treat individuals suspected of committing fraud unfairly, or;
iv. make statements that could lead to claims of false accusations or other offenses.
j. In handling suspected fraud activities , Management has the responsibility to:
i. make no contact (unless requested) with the individual suspected of committing fraud to determine facts or demand restitution. U nder no circumstances should there be any reference to “what you did”, “the crime”, “the fraud”, “the misappropriation”, etc.;
ii. avoid discussing the case, fa cts, suspicions, or allegations with anyone outside the City, unless specifically directed to do so by the City Attorney;
225
City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
6 of 8
iii. avoid discussing the case with anyone in side the City other than the City Manager, Internal Auditor, or City Attorney or law enforcement personnel;
iv. direct all inquiries from the individual suspected of co mmitting fraud, or his or her representative, to the City M anager or City Attorney. All inquiries by an attorney representing the individual suspected of committing fraud should be directed to the City Attorney. All inquiries from the media should be directed to the City Manager, and;
v. take appropriate corrective and disciplinar y action, up to and including dismissal, if authorized by and in conformance with the City’s personnel policies.
3. EMPLOYEE RESPONSIBILITIES
a. Employees should report detected or sus pected fraud to the Employee’s supervisor.
b. In the event the suspected fraud involves the Employee’s immediate supervisor, the Employee shall make the report directly to the next higher level of Management and/or the City Manager.
c. The reporting Employee shall refr ain from further investigation of the incident, confrontation with the alleged violator, or further discussion of the incident with anyone, unless requested by the City Manager, Internal Auditor, City Attorney, or law enforcement personnel.
4. INTERNAL AUDITOR RESPONSIBILITIES
a. Upon assignment by the City Manager, the Inte rnal Auditor will promptly investigate the fraud.
b. In all circumstances wher e there appears to be reasonable gr ounds for suspecting that a fraud has taken place, the Internal Auditor, in consultation with the City Attorney, will contact appropriate law enforcement personnel.
c. The Internal Auditor shall be available and receptive to receiving relevant, confidential information to the extent allowed by law.
d. If evidence is uncovered showing possible fraud, the Internal Auditor will proceed as follows:
226
City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
7 of 8
i. discuss the findings with Management and t he City Manager to dete rmine if disciplinary actions should be taken;
ii. report to the External Audito r such activities in order to assess the effect of the fraud activity on the City’s financial statements;
iii. coordinate with Managem ent regarding notification to insurers and filing of insurance claims;
iv. take immediate action, in consultation wit h the City Attorney, to prevent the theft, alteration, or destruction of evidentiary record s. Such action shall include, but is not limited to:
(A) removing the records and placing them in a secure location, or limiting access to the location where the records currently exist, and;
(B) preventing the individual suspected of committing the fraud from having access to the records.
e. In consultation with the City Attorney and appropriate law enforcement personnel, the Internal Auditor may disclose particulars of the investigation with potential witnesses if such disclosure would further the investigation.
f. If the Internal Auditor is contacted by the media regar ding an alleged fraud or investigation, the Internal Auditor will direct all inquiries to the City Manager.
g. At the conclusion of the in vestigation, the Internal Audito r will document the results in a confidential memorandum report to the City Manager and the City Attorney. If the report concludes that the allegations are supported by evidence, the report will be forwarded to appropriate law enforcement personnel.
h. Unless exceptional circumstances exist, a per son under investigation for fraud is to be given notice in writing of essent ial particulars of t he allegations following the conclusion of the investigation. Where not ice is given, the person agains t whom allegations are being made may submit a written expl anation to the Internal Auditor no later than seven (7) calendar days after notice is received.
i. The Internal Auditor shall make recomm endations to the appropria te department for 227
City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
8 of 8
assistance in the prevention of future similar occurrences.
j. Upon completion of the investigation, includ ing all legal and personnel actions, all records, documents, and other evidentiary materi al, obtained from the department under investigation will be returned by the Internal Auditor to that department.
DISCIPLINARY ACTIONS
Any Employee found to be responsible for fraud or who knowingly makes false allegations in violation of this Policy shall be subject to a ppropriate disciplinary action, up to and including termination of employment and/or te rmination of the contract. Th e severity of the disciplinary action will be based upon the circumstances of t he violation and in accordance with the City’s personnel policies. The City will assess any re medial measures necessary to address and correct the circumstance and pr event reoccurrence in the futu re. Remedial measures may include, but are not limited to , disciplinary action, reorganizati on of personnel, training and education, counseling and/or other employee assistance.
EXCEPTIONS
There will be no exceptions to this Policy unle ss provided and approved by the City Manager and the City Attorney.
228
CITY OF ALISO VIEJO
ACKNOWLEDGMENT OF RECEIPT OF FRAUD POLICY
I hereby acknowledge that I have received a copy of the City’s “Fraud Prevention Policy” dated October 1, 2008. I understand that I am to promptly read its contents and di stribute copies to employees assigned to perform Services for the City of Aliso Viejo.
To the extent that provisions of this policy conf lict with previously issued policies or practices, whether or not such policies and practices were contained in written policies, this policy shall prevail.
Name of Business Print Name
Signature
Date
229
City of Aliso Viejo
AGENDA ITEM
DATE: June 18, 2025
TO: Mayor and City Council
FROM: Shaun Pelletier, Public Works Director / City Engineer
SUBJECT: AGREEMENT WITH GMU ENGINEERS AND GEOLOGISTS FOR
PAVEMENT MANAGEMENT PLAN UPDATE SERVICES
______________________________________________________________________
Recommended Actions:
1. Approve an agreement with GMU Engineers and Geologists to perform pavement management plan update services; and
2. Authorize the City Manager to execute a professional services agreement with GMU Engineers and Geologists for an amount not to exceed $74,970.
Fiscal Impact:
The pavement management program (PMP) services are proposed to be $ 37,485 in FY 2025-26. FY 2025-26 budget includes funds for the PMP services through gas tax.
Background:
Measure M2 funds are available through both competitive programs and the Local Fair Share program. To qualify for these funds, the Orange County Transportation Authority (OCTA) must certify that local jurisdictions comply with all Renewed Measure M funding requirements. As part of the eligibility process, jurisdictions must submit an eligibility package, which includes the annual adoption of a 7 -year Capital Improvement Program (CIP) for streets. Additionally, in even -numbered years, jurisdictions must provide PMP certification, updating the condition ratings of arterial streets at least every two years and all other streets every six years. These r atings play a crucial role in shaping the 7 -year CIP. The City’s next pavement management plan update is due to OCTA by June 30, 2026.
An RFP to update the City’s current pavement management plan was released on March 17, 2025, and was due on April 16, 20 25. Three firms submitted proposals and were ranked by a panel as follows:
1. GMU Engineers and Geologists
2. Nichols Consulting Engineers, CHTD
3. Tiger Eye Engineering
230
Staff reviewed the proposals for their ability to perform the service, ability to meet time requirements, reference checks, and reasonableness of cost.
Discussion:
Staff recommends retaining GMU Engineers and Geologists to update the City’s Pavement Management Plan in 2026, given their extensive experience with OCTA requirements and their ability to ensure compliance with Measure M2 eligibility guidelines.
GMU is currently contracte d to update pavement management plans for the Cities of Laguna Niguel and Newport Beach in 2026. Their proven track record with the City of Aliso Viejo includes successfully completing a citywide pavement evaluation of residential streets, providing expert recommendations for arterial roadway rehabilitation projects, and conducting material testing and inspections to support these initiatives.
The fee proposal is in line with other submissions and remains consistent with pricing for previous pavement management plan updates. The initial agreement term will run from July 1, 2025, through June 30, 2028, with the City retaining the option to renew the agreement for two additional one -year terms. During the initial term, two cycles of the pavement management plan update will be completed at a cost of $37, 485, with a third update scheduled for the fifth year. This amount does not include contingencies. Should OCTA revise its requirements for pavement management plan submissions, the agreement will be amended acco rdingly to incorporate the necessary services for compliance.
Attachment:
1. Agreement
231
60367.01100\33488377.1
- 1 -
CITY OF ALISO VIEJO
PROFESSIONAL SERVICES AGREEMENT
FOR
PAVEMENT MANAGEMENT PLAN UPDATE
1. PARTIES AND DATE.
This Agreement is made and entered into this day of , 20___, by and between the City of Aliso Viejo, a municipal corporation organized under the laws of the State of California with its principal place of business at 12 Journey, Suite 100, Aliso Viejo, California 92656 (“City”) and GMU Engineers and Geologists, a corporation, with its principal place of business at 30336 Esperanza, Rancho Santa Margarita, CA 92688 (“Consultant”).
City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of professional consultant services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing professional consultant services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for Pavement Management Plan Update (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consultant services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2025 to June 30, 2028, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than tw o additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
232
60367.01100\33488377.1
- 2 -
3.2.1 Control and Payment of Subordinates; Independent Contractor . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant shall complete, execute, and submit to City a Request for Taxpayer Identification Number and Certification (IRS FormW -9) prior to commencement of any Services under this Agreement. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control.
Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services.
3.2.2.1 Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.2.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the Services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Services and Agreement.
3.2.2.3 Should a Force Majeure Event occur, the non- performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being 233
60367.01100\33488377.1
- 3 -
made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.2.3 Conformance to Applicable Requirements . All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Roger Schlierkamp.
3.2.5 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Public Works Director/City Engineer, or his or her designee, as the City’s contact for the implementation of the Services hereunder. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.6 Consultant’s Representative . Consultant hereby designates Roger Schlierkamp, or his or her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement.
The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services . Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees . Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents and maintains that all employees and subconsultants have 234
60367.01100\33488377.1
- 4 -
undergone workplace harassment training and completed criminal background checks with no felony or misdemeanor violations within 5 years prior to performance of the Services. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub- consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re -employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations . Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to s uch laws, rules and regulations , Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance . Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.10.2 Types of Insurance Required . As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000,000 per occurrence, and if written with an 235
60367.01100\33488377.1
- 5 -
aggregate, the aggregate shall be double the per occurrence limit.
Defense costs shall be paid in addition to the limits.
The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
(b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident.
(c) Contractors Pollution Liability: (if necessary)
Contractors Pollution Liability Insurance covering all of the contractor’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $5 million per loss and $10 million total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another.
If coverage is written on a claims- made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(d) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).
If coverage is written on a claims- made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(e) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
236
60367.01100\33488377.1
- 6 -
3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(a) The policy or policies of insurance required by Section 3.2.10.2 (a) Commercial General Liability and (c) Contractor’s Pollution Liability shall be endorsed to provide the following:
(1) Additional Insured: The City of Aliso Viejo , its officials, officers, employees, agents, and volunteers shall be
additional insureds with regard to liability and defense of suits or claims arising out of the performance of the
Agreement.
Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Consultant; or (4) contain any other exclusions contrary to the Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non- payment of premium.
(b) The policy or policies of insurance required by Section 3.2.10.2 (b) Automobile Liability and (d) Professional Liability shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non- payment of premium.
(c) The policy or policies of insurance required by Section 3.2.10.2 (e) Workers’ Compensation shall be endorsed to provide the
following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non- payment of premium.
237
60367.01100\33488377.1
- 7 -
3.2.10.4 Primary and Non -Contributing Insurance . All insurance coverages shall be primary and any other insurance, deductible, or self -insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.
3.2.10.6 Deductible. Any deductible or self -insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.10.7 Evidence of Insurance . The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.10.8 Failure to Maintain Coverage . Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.
In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.
3.2.10.9 Acceptability of Insurers . Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.10.10 Insurance for Subconsultants . All Subconsultants shall be included as additional insureds under the Consultant’s policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant’s policies.
238
60367.01100\33488377.1
- 8 -
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions where applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Seventy Four Thousand, Nine Hundred Seventy DOLLARS ($74,970.00) (“Total Compensation”) without written approval of City’s City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation.
Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all non- disputed and approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Prevailing Wages; DIR Registration.
3.3.5.1 Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. 239
60367.01100\33488377.1
- 9 -
If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.3.5.2 If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
240
60367.01100\33488377.1
- 10 -
3.5.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices . All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant:
GMU Engineers and Geologists
30336 Esperanza
Rancho Santa Margarita, CA 92688
City:
City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656
Attn: Shaun Pelletier, Public Works Department
Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
241
60367.01100\33488377.1
- 11 -
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information (“Proprietary Information”) unless the City’s legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant’s objection to the City’s release of Proprietary Information.
Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either:
(1) Consultant fails to fully indemnify, defend (with City’s choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non- appealable order by a court of competent jurisdiction requires that City release such information.
3.5.4 Fraud Policy. Consultant shall provide a copy of the City’s Fraud Prevention Policy to each of its employees assigned to perform Services under this Agreement.
Consultant shall submit to the City a statement signed by an authorized representative for Consultant certifying receipt of the City’s Fraud Prevention Policy. A finding by the City that any of Consultant’s employees have committed fraud against the City or have violated the City’s Fraud Prevention Policy shall be grounds for appropriate discipline, up to and including such employee’s removal from performance of this Agreement at City’s request and/or termination of this Agreement. Consultant shall reimburse the City for any costs and expenses associated with fraud against the City.
3.5.5 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.6 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action. 242
60367.01100\33488377.1
- 12 -
3.5.7 Indemnification.
3.5.7.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City .
Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.
3.5.7.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.5.8 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.9 Governing Law . This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.5.10 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.8 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
243
60367.01100\33488377.1
- 13 -
3.9 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.10 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.11 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.12 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.13 Invalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.14 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.15 Equal Opportunity Employment . Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
244
60367.01100\33488377.1
- 14 -
3.16 Labor Certification . By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.17 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and 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 bind each respective Party.
3.18 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.19 Declaration of Political Contributions. Consultant shall, throughout the term of this Agreement, submit to City an annual statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve-month period by the Consultant and all of Consultant’s employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Agreement.
3.20 Subcontracting.
3.20.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures on following page.]
245
60367.01100\33488377.1
- 15 -
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ALISO VIEJO AND GMU ENGINEERS AND
GEOLOGISTS
IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement on this ____ day of __________, 2025.
CITY OF ALISO VIEJO
Approved:
By:
Mitzi Ortiz
City Manager
ATTEST:
By: _______________________________
Janet Martinez
City Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney
APPROVED AS TO COMPLIANCE
WITH BUDGET
By:
Ann Eifert
Director of Financial Services
GMU ENGINEERS AND GEOLOGISTS
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:
Its:
Printed Name:
By:
Its:
Printed Name:_________________________
246
60367.01100\33488377.1
- 16 -
CITY OF ALISO VIEJO
DECLARATION OF POLITICAL CONTRIBUTIONS
Using the space provided below, please list any political contributions of money, in- kind services, or loans made to any member of the City Council within the last twelve (12) months by Consultant and all of Consultant’s employees, including any employee(s) that applicant intends to assign to perform the work or services described in this Agreement:
To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:
City/County/State Date
Name of Business Print Name
Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO. 247
60367.01100\33488377.1
- 17 -
CITY OF ALISO VIEJO
ACKNOWLEDGMENT OF RECEIPT OF FRAUD POLICY
I hereby acknowledge that I have received a copy of the City’s “Fraud Prevention Policy” dated October 1, 2008. I understand that I am to promptly read its contents and distribute copies to employees assigned to perform Services for the City of Aliso Viejo.
To the extent that provisions of this policy conflict with previously issued policies or practices, whether or not such policies and practices were contained in written policies, this policy shall prevail.
Name of Business Print Name
Signature
Date
248
60367.01100\33488377.1
A-1
EXHIBIT “A”
SCOPE OF SERVICES
The following scope of work is anticipated to be performed by the Pavement Management Program Consultant, hereafter referred to as “Consultant”.
1) Pavement Condition Inspections: The City of Aliso Viejo maintains a public street system that is made up of approximately 73 centerline miles of paved roadway. The system consists of 27 arterial centerline miles, 45 centerline miles of local roads totaling about 15,800,000 square feet of pavement. The Consultant will be expected to perform pavement condition inspections of City -owned streets. The Consultant will utilize the City’s existing pavement database, as provided by the City. Specific distresses shall be recorded based upon actual surface conditions , physical characteristics of the segment , and be in compliance with the latest version of the Orange County Transportation Authority (OCTA) Countywide Pavement Management Program Guidelines. The survey shall be performed by a team of experienced and trained personnel using laser -based road survey testing equipment . The Consultant will input all data collected during the field survey into the MicroPAVER database provided by the City. Information collected during the survey shall include, but not be limited to, the following:
Attribute Data – Currently exists in the database but should be verified A. Name of street
B. From/to, indicating the assigned limits of the section and direction C. Street classification indicating function, such as local, arterial, collector, etc.
D. Number of travel lanes
E. Segment quantities indicating the length, ROW, width, and total area of the section F. Surface type: AC, PCC, gravel, dirt
•
Condition Characteristics
A. Pavement distresses by type of distress severity and area (i.e. alligator, block, transverse, edge cracking, etc.) The specific types of distresses to be measured shall be in compliance with the latest version of the Orange County Transportation Authority (OCTA) Countywide Pavement Management Program Guidelines.
B. Pavement Condition Index (PCI) taking into account the surface condition and level of distress to provide an overall condition assessment. The numbering system typically ranges between 0 -100, with 100 indicating new pavement (twenty- year life expectancy without preventative maintenance).
C. Ride quality, indicating the range of “perfectly smooth” ride to one which is very rough and may pose a safety hazard.
D. Surface conditions will be evaluated, and each segment rated with an overall score, taking into account general surface characteristics, weathering, etc.
249
60367.01100\33488377.1
A-2
Inspection Staff Requirements
A. Inspectors shall comply with the latest testing and certification requirements set forth by the Orange County Transportation Authority (OCTA) Countywide Pavement Management Program Guidelines . The Consultant shall provide sufficient evidence they have complied with this requirement.
The Consultant shall submit the updated MicroPAVER database to the City that corresponds with Pavement Management Program final report.
2) Pavement Management Program Report: The Consultant shall prepare a comprehensive pavement management program report with a summary of the findings from the pavement condition survey with the corresponding recommendations for the implementation of the most cost-effective maintenance program. The report shall include, at a minimum, the following:
A. Average PCI for:
I. Entire Pavement Network
II. MPAH Roadways
III. Local Streets
B. Projected PCI under existing funding levels over the next seven years for:
I. Entire Pavement Network
II. MPAH Roadways
III. Local Streets
C. Seven-year plan for road maintenance and rehabilitation, identifying street sections selected for treatment, based on the existing budget. Specific data to be submitted are:
I. Street name
II. Limits of work
III. Lengths, widths and pavement areas
IV. Functional classification
V. PCI and most recent date of inspection
VI. Type of treatment
VII. Cost of treatment
D. Alternative funding levels required to:
I. Maintain the existing average network PCI
II. To improve average network PCI
E. Backlog by year of unfunded pavement rehabilitation, restoration, and reconstruction needs.
F. Pavement Management Program Certification.
G. Updated GIS shapefile of the current PCI ratings.
H. Any other requirements necessary for Measure M compliance based on the Orange County Transportation Authority Guidelines for Pavement Management Plans. 250
60367.01100\33488377.1
A-3
I. The 2024 Countywide Pavement Management Plan Guidelines is provided for reference; however, the updated pavement management plan shall be consistent with the latest OCTA requirements on the year the PMP submittal is due.
A draft report shall be submitted to the City for review and quality control prior to submitting the final report. Any errors and/or omissions in the draft report shall be corrected by the Consultant, at no additional charge to the City.
One (1) hard copy and one (1) digital copy of the final report along with the updated MicroPAVER database and GIS shapefile shall be submitted to the City.
The final pavement management program report shall be completed by May 1 each year it is required for the City’s annual Renewed Measure M submittal. The City’s next Pavement Management Plan Update is due to OCTA by June 30, 2026 and must be updated each even year.
251
60367.01100\33488377.1
B-1
EXHIBIT “B”
SCHEDULE OF SERVICES
In the event that this Agreement is renewed pursuant to Section 3.1.2, the first renewal period shall be from July 1, 2028 to June 30, 2029. The second renewal period shall be from July 1, 2029 to June 30, 2030.
252
60367.01100\33488377.1
C-1
EXHIBIT “C”
COMPENSATION
See attached.
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be adjusted each year at the time of renewal described in Exhibit “B” in accordance with the annual average Consumer Price Index of the prior calendar year , All Urban Consumers, Los Angeles-Long Beach-Anaheim up to a maximum percentage of five percent (5%).
253
PROPOSED FEE
City of Aliso Viejo
Proposal No.:
Fee Schedule:
Staff Engineer or
Geologist
Senior Staff Engineer or
Geologist
Project Engineer or
Geologist
Senior Engineer or
Geologist
Associate Engineer or
Geologist
Principal/Director
CAD/GIS
Document Prep
Staff Engineering
Technician
Senior Engineering
Technician
$175 $192 $215 $255 $272 $295 $132 $110 $110 $130
Task - 1.1
QA/QC of the existing MicroPAVER Database 6 6 1
Meetings with the City Staff (assuming a total of 2 meetings) 2 2 Project Management 2 2
M&R history Update 8 2
Document Review 2
Subtotal (by category) $2,800 $0 $0 $3,570 $0 $885 $0 $0 $0 Task Subtotal
Task - 1.2
Survey (MPAH & Local Streets) 88 4
Subtotal (by category) $15,400 $0 $0 $1,020 $0 $0 $0 $0 $0 $0 Task Subtotal
Task - 2.1
Pavement Condition Index (PCI) Analysis 3 4
Quality Control Procedures 4 3
Subtotal (by category) $1,225 $0 $0 $1,785 $0 $0 $0 $0 $0 Task Subtotal
Task - 2.2
Unit Cost Update 4
Subtotal (by category) $0 $0 $0 $1,020 $0 $0 $0 $0 $0
Task Subtotal
Task - 2.3
Budget Scenario Analysis 10 12 2
Subtotal (by category) $1,750 $0 $0 $3,060 $0 $590 $0 $0 $0 Task Subtotal
Task - 2.4
Draft Report and Appendices 8 6 1
Final Reports after City Review 2 2 1
Subtotal (by category) $1,750 $0 $0 $2,040 $0 $590 $0 $0 $0 Task Subtotal
ESTIMATED TOTAL $37,485
$3,010
$4,380
Prepare Report
$5,400
Pavement Management Program (2026)
P-25100
2025
$7,255
$16,420
Rate (per hr unless otherwise noted)
Review and Update of Roadway Network Inventory (Database) Field Pavement Surveys
Task - 1: Pavement Condition Inspections
Task - 2: Pavement Management Program Report
Pavement Condition Index (PCI) Analysis
Unit Cost Update
$1,020
Budgetary Analysis
1 of 1
254
City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
1 of 8
PURPOSE
To establish Policy and procedures for the prev ention and detection of fraud and other related dishonest activities against th e City and, when appropriate, to pursue legal remedies available under the law.
This Policy has been established to ensure that elected officials, officers, employees, and members of advisory boards, commissions and committees of the City of Alis o Viejo are aware of the following:
1. Acts that are considered to be fraudulent;
2. Procedures for reporting suspected fraudulent acts;
3. Steps to be taken when fraud or other rela ted dishonest activities are suspected; and
4. Consequences to expect when a dishonest act is reported.
Further, this Policy delineates management’s responsibility for instituting and maintaining a system of internal control to prevent and detect fraud, misappropriations and other irregularities, and to be alert for any indications of such misconduct.
POLICY
1. GENERAL
The City of Aliso Viejo is committed to protecting its assets against the risk of loss or misuse.
Accordingly, it is the policy of the City to identify and promptly investig ate any possibility of fraudulent or related dishonest ac tivities against the City and, w hen appropriate, to pursue legal remedies available under law.
2. DEFINITIONS
a. Fraud
– Fraud and other similar irregularities including, but not limited to:
i. claim for reimbursement of expenses that are not job-related or authorized by current policy;
ii. forgery or unauthorized alteration of doc uments (checks, time sheets, independent contractor agreements, purchase orders, budgets, etc.); 255
City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
2 of 8
iii. misappropriation of City assets (funds, securi ties, supplies, furniture, equipment, etc.);
iv. improprieties in the handling or reporting of money or financial transactions;
v. authorizing or receiving payment for goods not received or services not performed;
vi. computer-related activity involving unauthor ized alteration, destruction, forgery, or manipulation of data or misappropriation of City-owned software;
vii. misrepresentation of information on documents;
viii. any violation of Federal, State, or Local laws related to dishonest activities or fraud;
ix. seeking or accepting anything of material value from those doing business with the City, including vendors, consultants, contract ors, lessees, applicants, and grantees.
Materiality is determined by t he City’s Conflict of Interest Code, which incorporates the Fair Political Practices Commission’s regulations;
x. obtaining profit or personal ga in as a result of “insider” knowledge of City activities;
xi. disclosing confidential and proprietary information to outside parties; or
xii. Intentional, false representation or concealment of material fact for the purpose of personal gain.
b. Employee
– Any individual or group of individuals who receive co mpensation, either full or part-time, from the City of Alis o Viejo for employment or prov iding services. The term also includes any volunteer who provides services to the City through an official arrangement with the City or a City organization, as well as cons ultants, vendors, contra ctors, outside agencies and/or any other parties with a business relationship with the City of Aliso Viejo.
c. Official
- Elected officials, officers, and me mbers of advisory or appointed boards, commissions and committees.
d. Management – Any administrator, manager, director , supervisor, or other individual who manages or supervises funds or other resources, including human resources.
256
City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
3 of 8
e. Internal Auditor – Any person or persons assigned by the City Manager to investigate any fraud or similar activity.
f. External Auditor – Independent audit prof essionals who perform annual audits of the City’s financial statements.
3. INVESTIGATION
a. It is the City’s intent to fu lly investigate any suspected acts of fraud. An objective and impartial investigation will be conducted regardless of the posit ion, title, length of service or relationship with the City of any party who mi ght be or become involv ed in or becomes the subject of such investigation.
b. Each department of the Ci ty is responsible for institut ing and maintain ing a system of internal control to provide r easonable assurance for the prev ention and detection of fraud.
Management should be familiar with the types of improprieties that might occur within their area of responsibility and be alert for any indications of such conduct.
c. The Internal Auditor, in conjunction with the City Attorney, has the primary responsibility for the investigation of fraud.
d. Throughout the investigation, the Internal Auditor will info rm the City Manager of pertinent investigative findings.
e. Employees will be gr anted “whistle-blower protection,” as described below when acting in accordance with this Policy. When informed of suspected fraud, neither the City nor any person acting on behalf of the City shall:
i. dismiss or threaten to dismiss the Employee reporting the suspected fraud;
ii. discipline, suspend, or th reaten to discipline or sus pend the Employee reporting the suspected fraud;
iii. impose any penalty upon the Employee reporting the suspected fraud, or;
iv. intimidate or coerce the Employ ee reporting the suspected fraud.
257
City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
4 of 8
Violations of these “whistle-blower protections” may result in discipline up to and including dismissal.
f. Upon conclusion of the investigation, the results will be reported to the City Manager.
g. The City Manager, following review of investi gation results, will take appropriate disciplinary action regarding Employee misconduct. Discipl inary action can include termination of employment or a contract, and referral of the case to the District Attorney’s Office for possible prosecution.
h. The City will pursue every r easonable effort, including court or dered restitution, to obtain recovery of City losses from the offender, or other appropriate sources.
PROCEDURE
1. RESPONSIBILITIES OF OFFICIALS
a. If an Official has reason to su spect that a fraud has occurred, he or she shall immediately contact the City Manager.
b. An Official shall not attempt to investi gate the suspected fraud or discuss the matter with anyone other than the City Manager.
c. The alleged fraud or audit in vestigation shall not be di scussed with the media by any person other than through the City Manager in consultation with the City Attorney and the Internal Auditor.
2. MANAGEMENT RESPONSIBILITIES
a. Management is responsible for detecting, pr eventing and reporting frau d in their areas of responsibility.
b. Each manager should be familiar with the types of fraud t hat might occur in his or her area and be alert for any indication that fraud is or was in existence in his or her area.
c. When fraud is detected or suspected, M anagement should determine whether an error or mistake has occurred or if there may be dishonest or fraudulent activity.
258
City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
5 of 8
d. If Management determines a suspected activity may involve fraud, they should contact their immediate supervisor. In the event the acti vity involves the immediate supervisor, the activity should be reported to the Department Director.
e. Upon being notified of su spected fraud, Department Direc tors shall inform the City Manager.
f. Management should not attempt to conduct in dividual investigations, interviews, or interrogations. However, Management is re sponsible for taking appropriate corrective actions to ensure adequate controls exist to prevent reoccurrences of fraud.
g. Management shall cooperate fully with the Inte rnal Auditor, other involved departments, and law enforcement agencies in the detection, reporting, and investigation of fraud, including the prosecution of offenders.
h. Management will have full and unrestricted access to all necessary records and personnel.
All City furniture and c ontents, including desks and computer s, are open to inspection at any time. There is no assumption of privacy.
i. In dealing with suspected fr aud, great care must be taken. Management should not:
i. make accusations;
ii. alert individuals suspected of committi ng fraud that an investigation is underway;
iii. treat individuals suspected of committing fraud unfairly, or;
iv. make statements that could lead to claims of false accusations or other offenses.
j. In handling suspected fraud activities , Management has the responsibility to:
i. make no contact (unless requested) with the individual suspected of committing fraud to determine facts or demand restitution. U nder no circumstances should there be any reference to “what you did”, “the crime”, “the fraud”, “the misappropriation”, etc.;
ii. avoid discussing the case, fa cts, suspicions, or allegations with anyone outside the City, unless specifically directed to do so by the City Attorney;
259
City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
6 of 8
iii. avoid discussing the case with anyone in side the City other than the City Manager, Internal Auditor, or City Attorney or law enforcement personnel;
iv. direct all inquiries from the individual suspected of co mmitting fraud, or his or her representative, to the City M anager or City Attorney. All inquiries by an attorney representing the individual suspected of committing fraud should be directed to the City Attorney. All inquiries from the media should be directed to the City Manager, and;
v. take appropriate corrective and disciplinar y action, up to and including dismissal, if authorized by and in conformance with the City’s personnel policies.
3. EMPLOYEE RESPONSIBILITIES
a. Employees should report detected or sus pected fraud to the Employee’s supervisor.
b. In the event the suspected fraud involves the Employee’s immediate supervisor, the Employee shall make the report directly to the next higher level of Management and/or the City Manager.
c. The reporting Employee shall refr ain from further investigation of the incident, confrontation with the alleged violator, or further discussion of the incident with anyone, unless requested by the City Manager, Internal Auditor, City Attorney, or law enforcement personnel.
4. INTERNAL AUDITOR RESPONSIBILITIES
a. Upon assignment by the City Manager, the Inte rnal Auditor will promptly investigate the fraud.
b. In all circumstances wher e there appears to be reasonable gr ounds for suspecting that a fraud has taken place, the Internal Auditor, in consultation with the City Attorney, will contact appropriate law enforcement personnel.
c. The Internal Auditor shall be available and receptive to receiving relevant, confidential information to the extent allowed by law.
d. If evidence is uncovered showing possible fraud, the Internal Auditor will proceed as follows:
260
City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
7 of 8
i. discuss the findings with Management and t he City Manager to dete rmine if disciplinary actions should be taken;
ii. report to the External Audito r such activities in order to assess the effect of the fraud activity on the City’s financial statements;
iii. coordinate with Managem ent regarding notification to insurers and filing of insurance claims;
iv. take immediate action, in consultation wit h the City Attorney, to prevent the theft, alteration, or destruction of evidentiary record s. Such action shall include, but is not limited to:
(A) removing the records and placing them in a secure location, or limiting access to the location where the records currently exist, and;
(B) preventing the individual suspected of committing the fraud from having access to the records.
e. In consultation with the City Attorney and appropriate law enforcement personnel, the Internal Auditor may disclose particulars of the investigation with potential witnesses if such disclosure would further the investigation.
f. If the Internal Auditor is contacted by the media regar ding an alleged fraud or investigation, the Internal Auditor will direct all inquiries to the City Manager.
g. At the conclusion of the in vestigation, the Internal Audito r will document the results in a confidential memorandum report to the City Manager and the City Attorney. If the report concludes that the allegations are supported by evidence, the report will be forwarded to appropriate law enforcement personnel.
h. Unless exceptional circumstances exist, a per son under investigation for fraud is to be given notice in writing of essent ial particulars of t he allegations following the conclusion of the investigation. Where not ice is given, the person agains t whom allegations are being made may submit a written expl anation to the Internal Auditor no later than seven (7) calendar days after notice is received.
i. The Internal Auditor shall make recomm endations to the appropria te department for 261
City of Aliso Viejo
COUNCIL POLICY
SUBJECT
FRAUD PREVENTION POLICY
RES. NO.
2005-
056
POLICY NO.
400-15
EFF. DATE
10/01/2008
PAGE
8 of 8
assistance in the prevention of future similar occurrences.
j. Upon completion of the investigation, includ ing all legal and personnel actions, all records, documents, and other evidentiary materi al, obtained from the department under investigation will be returned by the Internal Auditor to that department.
DISCIPLINARY ACTIONS
Any Employee found to be responsible for fraud or who knowingly makes false allegations in violation of this Policy shall be subject to a ppropriate disciplinary action, up to and including termination of employment and/or te rmination of the contract. Th e severity of the disciplinary action will be based upon the circumstances of t he violation and in accordance with the City’s personnel policies. The City will assess any re medial measures necessary to address and correct the circumstance and pr event reoccurrence in the futu re. Remedial measures may include, but are not limited to , disciplinary action, reorganizati on of personnel, training and education, counseling and/or other employee assistance.
EXCEPTIONS
There will be no exceptions to this Policy unle ss provided and approved by the City Manager and the City Attorney.
262
CITY OF ALISO VIEJO
ACKNOWLEDGMENT OF RECEIPT OF FRAUD POLICY
I hereby acknowledge that I have received a copy of the City’s “Fraud Prevention Policy” dated October 1, 2008. I understand that I am to promptly read its contents and di stribute copies to employees assigned to perform Services for the City of Aliso Viejo.
To the extent that provisions of this policy conf lict with previously issued policies or practices, whether or not such policies and practices were contained in written policies, this policy shall prevail.
Name of Business Print Name
Signature
Date
263
City of Aliso Viejo
AGENDA ITEM
DATE: June 18, 2025
TO: Mayor and City Council
FROM: Shaun Pelletier, Public Works Director / City Engineer
SUBJECT: SECOND AMENDMENT TO THE AGREEMENT WITH NIEVES LANDSCAPE, INC. FOR LANDSCAPE MAINTENANCE SERVICES
______________________________________________________________________
Recommended Actions:
1. Approve a second amendment to the agreement with Nieves Landscape, Inc. to perform landscape maintenance services that renews the agreement for an additional one-year term and increases the total compensation under the agreement by $200,000 for a total amount of $1,090,000; and
2. Authorize the City Manager to execute the second amendment to the agreement.
Fiscal Impact:
The contractor fee for this work is estimated at approximately $ 190,000 for FY 2025-26.
An additional $ 10,000 is budgeted for extra work. Landscape maintenance is funded through the General Fund and Gas Tax funds. Sufficient funding was included in the FY 2025-26 Budget.
Background:
The City of Aliso Viejo maintains landscaping at six City-owned facilities: City Hall, Iglesia Park Community Center, Aliso Viejo Center, Aquatic Center, Vista Park, and Aliso Viejo Ranch. The City also maintains the street medians in Aliso Creek Road, Pacific Park Drive, and Calle Cortez.
Amenities at the various facilities to be maintained include tot lots and play equipment, sport courts and ball fields, parking lots, walkways and passive park areas, and picnic areas. Landscape features to be maintained include turf areas, shrubs and planters, and a variety of trees. The maintenance of the irrigati on systems, rodent control, and pest control is also necessary. The general performance criteria are as follows:
Turf areas shall be mowed, edged, watered, weeded, fertilized, with rodents and pests controlled to provide a healthy appearance.
264
Groundcover areas shall be watered, weeded, fertilized, with rodents and pests controlled to provide a healthy appearance.
Shrubs and trees under 15 feet in height within the City Facilities shall be maintained to promote healthy growth to include but not limited to fertilization, trimming, and thinning.
The tot lots (including play equipment) and sports areas within the City Facilities shall be maintained in a clean and safe manner.
Walkways and parking lots shall be kept free of trash, landscape debris and leaves.
Discussion:
A request for proposal (RFP) was issued for landscape maintenance services and advertised on the City website and was awarded to Nieves Landscape, Inc. on May 5, 2021 for an initial term of three years from July 1, 2021 through June 30, 2024. The first agreement amendment increased the total compensation under the agreement by $200,000 for a total amount of $ 890,000. This second agreement amendment will increase the total compensation under the agreement by $ 200,000 for a total amount of $1,090,000.The contractor compensation rates for FY 2025-26 are included in Exhibit B of the agreement amendment and include a 3.3% increase from the previous contractor compensation rates. The current year CPI is 3. 3%. A new RFP will be issued for this service prior to June 30, 2026.
Attachment:
1. Agreement Amendment
265
60367.01100\33489405.1
- 1 -
CITY OF ALISO VIEJO
SECOND AMENDMENT TO
LANDSCAPE MAINTENANCE SERVICES
1. PARTIES AND DATE.
This Second Amendment to the Professional Services Agreement for Landscape Maintenance Services (“Second Amendment”) is entered into on the ____ day of ________, 2025, by and between the City of Aliso Viejo (hereinafter referred to as the “City”) and Nieves Landscape, Inc. (hereinafter referred to as the “Contractor”). City and Contractor are sometimes collectively referred to herein as the “Parties.”
2. RECITALS.
2.1 Agreement. The Parties entered into an agreement entitled Professional Services Agreement for Landscape Maintenance Services dated May 5, 2021 (“Agreement”).
2.2 First Amendment. The Parties amend ed the Agreement in order to renew the Agreement for an additional one -year term and to increase the total compensation under the Agreement by Two Hundred Thousand Dollars ($200,000.00).
2.3 Second Amendment. The Parties now desire to amend the Agreement in order to renew the Agreement for an additional one-year term and to increase the total compensation under the Agreement by Two Hundred Thousand Dollars ($200,000.00).
3. TERMS.
3.1 Term.
Pursuant to Section 3.1.2 of the Agreement, the City hereby exercises the option to renew the Agreement and extend the term of the Agreement for one year from July 1, 2025 to June 30, 2026, unless earlier terminated as provided in the Agreement.
3.2 Compensation.
The total compensation for the Services provided pursuant to the Agreement, the First Amendment, and this Second Amendment shall not exceed One Million Ninety Thousand Dollars ($1,090,000.00) without written approval of the City Manager. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Second Amendment at the rates set forth in Exhibit “B” attached hereto.
3.3 Declaration of Political Contributions . Prior to the City’s approval of this Amendment, Contractor shall submit to City a statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve -month period by the Contractor and all of their employees, including any employee(s) that Contractor intends to assign to perform the Services described in this Second Amendment.
266
60367.01100\33489405.1
- 2 -
3.4 Continuing Effect of Agreement. Except as otherwise specifically set forth in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect. From and after the date of this Second Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment.
3.5 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 Second Amendment.
3.6 Counterparts. This Second Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
267
60367.01100\33489405.1
- 3 -
SIGNATURE PAGE FOR SECOND AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES BETWEEN THE CITY OF ALISO VIEJO AND NIEVES LANDSCAPE, INC.
IN WITNESS WHEREOF, the parties have executed this Second Amendment to Agreement on this ____ day of __________, 2025.
CITY OF ALISO VIEJO
Approved:
By:
Mitzi Ortiz, MMC
City Manager
ATTEST:
By: _______________________________
Janet Martinez
City Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney
APPROVED AS TO COMPLIANCE
WITH BUDGET
By:
Ann Eifert
Director of Financial Services
NIEVES LANDSCAPE, INC.
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:
Its:
Printed Name:
By:
Its:
Printed Name:_________________________
268
60367.01100\33489405.1
- 4 -
CITY OF ALISO VIEJO
DECLARATION OF POLITICAL CONTRIBUTIONS
Using the space provided below, please list any political contributions of money, in-kind services, or loans made to any member of the City Council within the last twelve (12) months by Consultant and all of Consultant’s employees, including any employee(s) that applicant intends to assign to perform the work or services described in this Agreement:
To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:
City/County/State Date
Name of Business Print Name
Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
269
60367.01100\33489405.1
- 5 -
CITY OF ALISO VIEJO
ACKNOWLEDGMENT OF RECEIPT OF FRAUD POLICY
I hereby acknowledge that I have received a copy of the City’s “Fraud Prevention Policy” dated October 1, 2008. I understand that I am to promptly read its contents and distribute copies to employees assigned to perform Services for the City of Aliso Viejo.
To the extent that provisions of this policy conflict with previously issued policies or practices, whether or not such policies and practices were contained in written policies, this policy shall prevail.
Name of Business Print Name
Signature
Date
270
60367.01100\33489405.1
A-1
EXHIBIT “A”
TO SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT FOR LANDSCAPE MAINTENANCE
SERVICES
SCOPE OF SERVICES
The scope of services is to remain unchanged from the original Professional Services Agreement for Landscape Maintenance Services, dated May 5, 2021.
271
60367.01100\33489405.1
B-1
EXHIBIT “B”
TO SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR
LANDSCAPE MAINTENANCE SERVICES
COMPENSATION
See attached.
272
Q u a n g L e F e b r u a r y 2 1 , 2 0 2 5 Associate Engineer
City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656
Re: Landscape Maintenance Services Agreement FY 2025-2026
Dear Quang,
Thank you for the opportunity to continue working with you and the City of Aliso Viejo. Nieves Landscape, Inc. is committed to consistently earning your business and providing high-quality service.
As the current term of our landscape maintenance services agreement is set to expire at the end of June 2025, Nieves Landscape would like to continue offering our services to the City of Aliso Viejo.
In recent years, we’ve seen significant increases in the costs of insurance, worker’s compensation, fuel, materials, equipment, and wages. These rising costs have directly impacted our operating expenses, and as a result, we find it necessary to request an adjustment in the landscape maintenance contract.
Nieves Landscape is proposing a 3.3% CPI increase adjustment to be applied to the next option year (Fiscal Year 2025-2026), effective July 1st. This adjustment would result in a total monthly increase of $505,95, or $6,071.41 annually. Please find the CPI report for January 2025 (released February 12, 2025) attached, which shows a 3.3% increase for All Urban Consumers (CPI-U) in the Los Angeles-Long Beach-Anaheim, CA area.
Contract Price:
Current: FY 2024-2025: $15,331.89 per month
Proposed: FY 2025-2026: $15,837.84 per month
We value the opportunity to work with the City of Aliso Viejo and look forward to continuing our successful partnership. If you have any questions or need further details, please don’t hesitate to contact us.
Thank you for your understanding and continued trust in Nieves Landscape, Inc.
Respectfully Submitted,
NIEVES LANDSCAPE, INC.
Joshua Cho
Business Development
273
City of Aliso Viejo
AGENDA ITEM
DATE: June 18, 2025
TO: Mayor and City Council
FROM: Shaun Pelletier, Public Works Director / City Engineer
SUBJECT: SECOND AMENDMENT TO THE AGREEMENT WITH GMU ENGINEERS
AND GEOLOGISTS FOR ON-CALL GEOTECHNICAL AND MATERIAL
TESTING SERVICES
______________________________________________________________________
Recommended Actions:
1. Approve a second amendment to the agreement with GMU Engineers and Geologists to perform geotechnical and materials testing services that renews the agreement for an additional one -year term and increases the total compensation under the agreement by $50,000 for a total agreement amount of $300,000; and
2. Authorize the City Manager to execute the second amendment to the agreement.
Fiscal Impact:
Fiscal impact for these services will be included within the budget of the capital improvement project (CIP) or paid by developers for plan review and/or inspection.
Background:
The City continues to implement its Capital Improvement Program to maintain its streets at the approved Pavement Condition Index (PCI) rating of 80 as approved by Council in March 2002. Geotechnical or materials testing reports may be necessary for some of these projects during construction. In addition, the City adopted a Quality Assurance Program (QAP) approved by Caltrans that will be utilized for any state or federally funded project. The QAP outlines when testing is required. In FY 2025-26, GMU Engineers and Geologists will provide material testing for street rehabilitation projects on Glenwood Drive between SR-73 and Aliso Creek Road, Cedarbrook Drive, between Glenwood Drive and Aliso Viejo Parkway, and Aliso Viejo Parkway between Enterprise and Aliso Creek Road.
Discussion:
A request for proposals (RFP) was issued for on-call geotechnical and materials testing services on March 24, 2021 and was advertised on the City website and was awarded to GMU Geotechnical on June 2, 2021 for an initial term of three years. The first agreement 274
amendment increased the total compensation under the agreement by $50,000 for a total amount of $ 250,000. This second agreement amendment will increase the total compensation under the agreement by $ 50,000 for a total amount of $ 300,000. This is the final renewal under the current agreement. This amendment will also accommodate the consultants name change request from “GMU Geotechnical” to “GMU Engineers and Geologists”. A new request for proposal for this service will be issued before June 30, 2026.
Attachment:
1. Agreement Amendment
275
60367.01100\33489405.1
- 1 -
CITY OF ALISO VIEJO
SECOND AMENDMENT TO
ON-CALL GEOTECHNICAL AND MATERIAL TESTING SERVICES
1. PARTIES AND DATE.
This Second Amendment to the Professional Services Agreement for On -Call Geotechnical and Material Testing Services (“Second Amendment”) is entered into on the ____ day of ________, 2024, by and between the City of Aliso Viejo (hereinafter referred to as the “City”) and GMU Engineers and Geologists (hereinafter referred to as the “Consultant ”). City and Consultant are sometimes collectively referred to herein as the “Parties.”
2. RECITALS.
2.1 Agreement. The Parties entered into an agreement entitled Professional Services Agreement for On-Call Geotechnical and Material Testing Services dated June 2 , 2021 (“Agreement”).
2.2 First Amendment. The Parties amend ed the Agreement in order to renew the Agreement for an additional one -year term and to increase the total compensation under the Agreement by Fifty Thousand Dollars ($50,000.00).
2.3 Second Amendment. The Parties now desire to amend the Agreement in order to accommodate the Consultant’s firm name change from “GMU Geotechnical” to “GMU Engineers and Geologists” and to renew the Agreement for an additional one -year term and to increase the total compensation under the Agreement by Fifty Thousand Dollars ($50,000.00).
3. TERMS.
3.1 Term.
Pursuant to Section 3.1.2 of the Agreement, the City hereby exercises the option to renew the Agreement and extend the term of the Agreement for one year from July 1, 2025 to June 30, 2026, unless earlier terminated as provided in the Agreement.
3.2 Compensation.
The total compensation for the Services provided pursuant to the Agreement, the First Amendment and this Second Amendment shall not exceed Three Hundred Thousand Dollars ($300,000.00) without written approval of the City Manager. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under Second Amendment at the rates set forth in Exhibit “B” attached hereto.
3.3 Declaration of Political Contributions . Prior to the City’s approval of this Amendment, Consultant shall submit to City a statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve -month period by the Consultant and all of their employees, including any 276
60367.01100\33489405.1
- 2 -
employee(s) that Consultant intends to assign to perform the Services described in this Second Amendment.
3.4 Continuing Effect of Agreement. Except as otherwise specifically set forth in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect. From and after the date of this Second Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment.
3.5 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 Second Amendment.
3.6 Counterparts. This Second Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
277
60367.01100\33489405.1
- 3 -
SIGNATURE PAGE FOR SECOND AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT FOR ON-CALL GEOTECHNICAL AND MATERIAL TESTING
SERVICES BETWEEN THE CITY OF ALISO VIEJO AND GMU ENGINEERS AND
GEOLOGISTS
IN WITNESS WHEREOF, the parties have executed this Second Amendment to Agreement on this ____ day of __________, 2025.
CITY OF ALISO VIEJO
Approved:
By:
Mitzi Ortiz, MMC
City Manager
ATTEST:
By: _______________________________
Janet Martinez
Deputy City Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney
APPROVED AS TO COMPLIANCE
WITH BUDGET
By:
Ann Eifert
Director of Financial Services
GMU ENGINEERS AND GEOLOGISTS
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:
Its:
Printed Name:
By:
Its:
Printed Name:_________________________
278
60367.01100\33489405.1
- 4 -
CITY OF ALISO VIEJO
DECLARATION OF POLITICAL CONTRIBUTIONS
Using the space provided below, please list any political contributions of money, in-kind services, or loans made to any member of the City Council within the last twelve (12) months by Consultant and all of Consultant’s employees, including any employee(s) that applicant intends to assign to perform the work or services described in this Agreement:
To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:
City/County/State Date
Name of Business Print Name
Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
279
60367.01100\33489405.1
- 5 -
CITY OF ALISO VIEJO
ACKNOWLEDGMENT OF RECEIPT OF FRAUD POLICY
I hereby acknowledge that I have received a copy of the City’s “Fraud Prevention Policy” dated October 1, 2008. I understand that I am to promptly read its contents and distribute copies to employees assigned to perform Services for the City of Aliso Viejo.
To the extent that provisions of this policy conflict with previously issued policies or practices, whether or not such policies and practices were contained in written policies, this policy shall prevail.
Name of Business Print Name
Signature
Date
280
60367.01100\33489405.1
A-1
EXHIBIT “A”
TO SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL GEOTECHNICAL AND
MATERIAL TESTING SERVICES
SCOPE OF SERVICES
The scope of services is to remain unchanged from the original Professional Services Agreement for On-Call Geotechnical and Material Testing Services, dated June 2, 2021. 281
60367.01100\33489405.1
B-1
EXHIBIT “B”
TO SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR
ON-CALL GEOTECHNICAL AND MATERIAL TESTING SERVICES
COMPENSATION
See attached.
282
Rate Schedule for 2025-26
City of Aliso Viejo
PROFESSIONAL SERVICES
Document Preparation and Project Services $ 103.17/hour CAD, GIS, and Geo-BIM Design $ 128.39/hour
Staff Engineer or Geologist $ 143.30/hour
Senior Staff Engineer or Geologist $ 194.89/hour
Project Engineer or Geologist $ 217.82/hour
Senior Engineer or Geologist $ 246.69/hour
Associate Engineer or Geologist $ 257.94/hour
Principal/Director $ 292.33/hour
FIELD INSPECTION & TESTING SERVICES
Staff Engineering Technician $ 116.93/hour*
• Services provided under direct supervision of a Senior Engineering Technician Senior Engineering Technician $ 128.39/hour*
• Inspections for soils/grading, asphalt, concrete, batch plants, piles/caissons, etc. • Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.
Registered Special Inspector (No 4 hour minimum) $ 128.39/hour* • Certifications by ACI, ICC, Caltrans, local jurisdictions, etc. • Reinforced concrete, Post-Tension, Masonry, Welding, Bolting, Fireproofing Instrumentation Engineer $ 194.89/hour
• Slope inclinometer and Piezometer monitoring
• Manometer for floor-level surveys
• Stormwater Turbidity & pH meter
• Groundwater Monitoring - pressure transducer, datalogger, water chemistry meter, etc. • Pipeline video camera for drains, wells, etc.
Engineering Seismological Technician (includes 3-channel seismograph) $ 171.96/hour • Blast vibration monitoring
• Construction vibration & noise monitoring (pile driving, drilling, demolition, etc.) *Notes:
(1) Rates include vehicle, nuclear density gauge, and equipment for testing, inspection, and sampling. (2) No 4-hour minimum charges apply.
(3) Overtime is charged at 1.5 times the base rate. Overtime is defined as time worked on the project in excess of 8 hours per day and all time on Saturdays, Sundays, and holidays. (4) Prevailing Wage hourly surcharge for Technicians and Inspectors per California Labor Code §1720, et seq. $ 23.52/hour
LABORATORY TESTING SERVICES
Laboratory Testing $ 129.09/hour
(For special materials testing and laboratory costs on a per-test basis, see GMU’s Laboratory Fee Schedule)
OTHER CHARGES
Outside Services Cost + 15%
Reimbursables & Reprographics Cost
283
City of Aliso Viejo
AGENDA ITEM
DATE: June 18, 2025
TO: Mayor and City Council
FROM: So Kim, Community Development Director
Rose Rivera, Senior Planner
SUBJECT: SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MIKE LINARES , INC. FOR COMMUNITY
DEVELOPMENT BLOCK GRANT (“ CDBG”) ADMINISTRATIVE
SERVICES
Recommended Action:
Approve and a uthorize the City Manager to execute a Second Amendment to the professional services agreement with Mike Linares, Inc. for CDBG Consultant Services to increase the compensation amount by $31,500 for a total of $144,000 and extending the term to June 30, 2026.
Fiscal Impact:
The CDBG program allows a maximum of 20 percent of the annual grant to be used for program administrative costs, including City Staff and consultant time. The consultant is paid based on actual hours of performing services. Total cost of services for FY 2025-26 is $31,500. Services are paid for by the General Fund and reimbursed by U.S.
Department of Housing and Urban Development (HUD).
Background:
On June 15, 2022, the City Council approved a professional services agreement with Mike Linares, Inc. (“Con sultant”) for a three -year term (July 1,2022 through June 30, 2025) to provide CDBG administrative services in the amount not to exceed $27,500 per year for a total of $82,500. On July 19, 2023, the City Council approved a First Amendment to increase the compensation by $ 30,000 (total $112,500) for the cost of preparing the one-time, 5-year Consolidated Plan.
Discussion:
The City's Community Development Block Grant (CDBG) program has been administered by Mike Linares since 2017. When his five-year agreement concluded in June 2022, staff 284
issued a Request for Proposal (RFP) to three prospective firms. Only one proposal was received, from Mike Linares, Inc. (“Consultant”).
The Consultant has over 30 years of CDBG experience working with vari ous municipal agencies, including Laguna Niguel, Lake Forest, Mission Viejo, Rancho Santa Margarita, and San Clemente. Throughout this time, the Consultant has built strong working relationships with HUD representatives and local public service providers. The Consultant has a proven track record of successfully preparing and securing approval for all required HUD documents, including Consolidation Plans, Annual Action Plans, CAPERs, and NEPA reviews.
Given the limited availability of consultants offering similar services and the staff's positive experience with Mike Linares, retaining his services is the most efficient way to administer the CDBG grant. Mike Linares has extensive experience with the City's Community Development Block Grant (CDBG) program. Th is approach will streamline the process and leverage his familiarity with the City's program.
The 2022 agreement was set at an annual amount of $27,500, with provisions allowing for an increase of up to 5% based on the Consumer Price Index (“CPI”) at the time of renewal, rather than on an annual basis. The proposed agreement amendment for this year reflects an increase to $31,500, calculated at an hourly rate of $117.50. This rate is based on a three-year average from the CPI inflation calculator and remains lower than the hourly rates in other consultant contracts executed with the department.
Attachment:
1. Agreement Amendment
285
- 1 -
60367.01100\33489405.1
CITY OF ALISO VIEJO
SECOND AMENDMENT TO
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATIVE
SERVICES AGREEMENT
1. PARTIES AND DATE.
This Second Amendment to the COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATIVE SERVICES AGREEMENT (“Second Amendment”) is entered into on the day of ,2025, by and between the City of Aliso Viejo (hereinafter referred to as the “City”) and MIKE LINARES, INC., a CALIFORNIA CORPORATION, (hereinafter referred to as the “Consultant”). City and Consultant are sometimes collectively referred to herein as the “Parties.”
2. RECITALS.
2.1 Agreement. The Parties entered into an agreement entitled COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATIVE SERVICES AGREEMENT dated JUNE 15, 2022 for a total compensation amount of Eighty-Two Thousand Five Hundred Dollars ($82,500) (“Agreement”).
2.2 First Amendment . The Parties amended the Agreement to increase the total compensation under the Agreement by Thirty Thousand Dollars ($30,000) cover the preparation cost of the 5-year Consolidated Plan as required by HUD. The Parties have heretofore entered into that First Amendment dated July 19, 2023.
2.3 Second Amendment. The Parties now desire to amend the Agreement in order to renew the Agreement for an additional one-year term and to increase the total compensation under the Agreement by Thirty-One Thousand Five Hundred Dollars ($31,500.00).
3. TERMS.
3.1 Term. Section 3.1.2 of the Agreement is hereby amended to read as follows: “The term of this Agreement shall be from July 1, 2025 to June 30, 2026, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than one additional one-year term. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Scope of Services. The Agreement is hereby amended to include the scope of services set forth in Exhibit “A,” attached hereto and incorporated herein by reference.
3.3 Compensation. The total compensation for the Services provided pursuant to the Agreement and this Second Amendment shall not exceed ONE HUNDRED FORTY -FOUR THOUSAND DOLLARS ($144,000) without written approval of the City Manager. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered and at rates
286
- 2 -
60367.01100\33489405.1
set forth under this Second Amendment as set forth in Exhibit “A” and incorporated herein by reference.
3.4 Declaration of Political Contributions . Prior to the City’s approval of this Amendment, Consultant shall submit to City a statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within the previous twelve -month period by the Consultant and all of their employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Second Amendment.
3.5 Continuing Effect of Agreement. Except as otherwise specifically set forth in this Second Amendment, the remaining provisions of the Agreement shall remain in full force and effect. From and after the date of this Second Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment.
3.6 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequ ate and independent consideration for the performance of the obligations they have undertaken pursuant to this Second Amendment.
3.7 Counterparts. This Second Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
287
- 3 -
60367.01100\33489405.1
SIGNATURE PAGE FOR SECOND AMENDMENT TO COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATIVE SERVICES
AGREEMENT BETWEEN THE CITY OF ALISO VIEJO AND MIKE LINARES, INC.
IN WITNESS WHEREOF, the parties have executed this Second Amendment to Agreement on this day of , 202 .
CITY OF ALISO VIEJO
Approved:
By:
Mitzi Ortiz
City Manager
ATTEST:
By:
Janet Martinez
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
APPROVED AS TO COMPLIANCE
WITH BUDGET
By:
Ann Eifert
Director of Financial Services
MIKE LINARES, INC.
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:
Its:
Printed Name:
By:
Its:
Printed Name:
288
- 4 -
60367.01100\33489405.1
CITY OF ALISO VIEJO
DECLARATION OF POLITICAL CONTRIBUTIONS
Using the space provided below, please list any political contributions of money, in-kind services, or loans made to any member of the City Council within the last twelve (12) months by Consultant and all of Consultant’s employees, including any employee(s) that applicant intends to assign to perform the work or services described in this Agreement:
To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:
City/County/State Date
Name of Business Print Name
Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
289
- 5 -
60367.01100\33489405.1
CITY OF ALISO VIEJO
ACKNOWLEDGMENT OF RECEIPT OF FRAUD POLICY
I hereby acknowledge that I have received a copy of the City’s “Fraud Prevention Policy” dated October 1, 2008. I understand that I am to promptly read its contents and distribute copies to employees assigned to perform Services for the City of Aliso Viejo.
To the extent that provisions of this policy conflict with previously issued policies or practices, whether or n ot such policies and practices were contained in written policies, this policy shall prevail.
Name of Business Print Name
Signature
Date
290
A-1
60367.01100\33489405.1
EXHIBIT “A”
TO SECOND AMENDMENT TO
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATIVE
SERVICES AGREEMENT
291
P.O. BOX 3913 SAN CLEMENTE, CA 92672
April 29, 2025
Ms. Rose Rivera
Senior Planner
City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656
Dear Ms. Rivera:
PROVIDING MANAGEMENT & CONSULTING
SERVICES FOR LOCAL GOVERNMENT
I am pleased to submit this proposal in response to the City’s request for U.S. Department of Housing and Urban Development (“HUD”) program consulting services. Consulting services will support City staff with various administrative tasks related to the management of HUD’s Community Development Block Grant (“CDBG”) program funds. These items include the following:
Preparation of, or assistance with preparing, the City’s Comprehensive Annual Performance and Evaluation Report (“CAPER”), including:
Update Integrated Disbursement and Information System (“IDIS”) with all relevant year-end data
Prepare IDIS reports for public review and submission to HUD Prepare CAPER according to HUD’s direction
Other tasks related to the preparation, submission, and approval of the CAPER Preparation of, or assistance with preparing, the City’s Annual Action Plan, a component of the Consolidated Plan, including:
Soliciting and evaluating applications for public service grant funds Prepare required narratives and tables for annual submission of the Action Plan Input proposed project/program data in HUD’s eCon Plan Suite Other tasks related to the preparation, submission, and approval of the Action Plan
Updating and coordinating IDIS activities; tasks include, but may not be limited to, the following:
Update/maintain the City’s CDBG program data in IDIS
Assist and coordinate IDIS activities with the City’s Budget/Finance personnel to ensure timely reimbursement to the City for CDBG -eligible outlays and to help reconcile records between the City’s accounting system and IDIS
Assist City personnel with CDBG program administration Other HUD/CDBG-related reports, analyses, and administrative tasks as needed
292
P.O. BOX 3913 SAN CLEMENTE, CA 92672
293
Aliso Viejo CDBG Proposal
April 29, 2025
Proposed services also include assisting the City with the administration of the CDBG -Coronavirus (“CDBG-CV”) funds. While this grant is in the final stages of implementation, additional tasks that may require administrative action include preparing potential amendments for the use of funds, preparing applicable grant agreements, monitoring activities, reporting year -end accomplishments, and grant closeout.
With respect to costs, professional services will be billed at a rate of $117.50/hour, not to exceed an annual amount of $31,500 (average of 5.5 hours per week). This amount includes a flat rate to prepare the Annual Action Plan ($7,500) and the CAPER ($8, 500). This rate is subject to an annual revision (at a time fitting for the City's budget preparation process). The adjustment will be based on the Consumer Price Index (CPI) published by the U.S. Bureau of Labor Statistics.
This proposed contract amount is subject to mutual agreement. If you have questions regarding this proposal, please do not hesitate to contact me. I may be reached by telephone at (714) 608-7263 or via email at [email protected].
I appreciate your consideration of this proposal. I look forward to the opportunity to assist you and the residents of Aliso Viejo.
Sincerely,
Mike Linares
294
City of Aliso Viejo
AGENDA ITEM
DATE: June 18, 2025
TO: Mayor and City Council
FROM: So Kim, Community Development Director
SUBJECT: FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
WITH ATLAS PLANNING SOLUTIONS TO UPDATE THE SAFETY
ELEMENT
Recommended Action:
Approve and authorize the City Manager to execute the First Amendment to the professional services agreement with Atlas Planning Solutions for the Safety Element update, increasing compensation by $28,515 for a total of $69,350, and extending the agreement term to June 30, 2026.
Fiscal Impact:
The cost for the additional services with Atlas Planning Solutions is $28,515. Funds for this project are available in the FY 2025-26 budget.
Background:
In May 2024, the City issued an informal Request for Proposals and executed a professional services agreement with Atlas Planning Solutions ("Atlas") to update the Safety Element. The agreement amount is $40,835, with the term ending on June 30, 2025.
Discussion:
State law mandates that the Safety Element be updated whenever the Housing Element is revised. Since the City's Housing Element was updated in 2024, the City issued a Request for Proposals and selected Atlas Planning Solutions ("Atlas") to update the Safety Element. Assembly Bill No. 747 requires the Safety Element to address evacuation routes related to identified fire and geologic hazards. Previously, if a local jurisdiction adopted a local hazard mitigation plan, an evacuation assessment would not have been required in the Safety Element. However, recent policy changes by the California State Board of Forestry and Fire Protection now mandate an evacuation assessment. This new policy change requires Atlas to expand its original scope of work to include evacuation 295
route and evacuation center identification, as well as an evacuation capacity assessment in the Safety Element.
Atlas has prepared Safety Elements for 46 jurisdictions, including evacuation assessments for 21 of them. Additionally, Atlas has developed the Ci ty’s Local Hazard Mitigation Plan (LHMP) and has already prepared hazard assessments and mitigation measures for the City. This prior work enabled Atlas to submit a significantly lower initial proposal compared to other firms, as the LHMP data could be uti lized for the Safety Element. Consequently, the City selected Atlas to prepare the Safety Element. With Atlas nearing completion of the Safety Element update, it would be most efficient to continue with the same consultant for the expanded scope of work, t hereby saving time and leveraging their expertise.
As such, Staff recommends that the City Council approve the agreement amendment, increasing compensation by $28,515 for a total of $69,350 and extending the term to June 30, 2026. This will allow Atlas to prepare the evacuation assessment and complete the Safety Element update. Funds for the evacuation assessment are available in the FY 2025-26 budget.
Attachments:
1. First Amendment with Atlas
2. Original Professional Services Agreement with Atlas
296
60367.01100\33489405.1
- 1 -
CITY OF ALISO VIEJO
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
FOR THE SAFETY ELEMENT UPDATE
1. PARTIES AND DATE.
This First Amendment to the professional services agreement for the Safety Element update (“First Amendment”) is entered into on the ____ day of ________, 2025, by and between the City of Aliso Viejo (hereinafter referred to as the “City”) and Atlas Planning Solutions (hereinafter referred to as the “ Consultant”). City and C onsultant are sometimes collectively referred to herein as the “Parties.”
2. RECITALS.
2.1 Agreement. The Parties entered into an agreement entitled Safety Element Update dated May 2, 2024 (“Agreement”).
2.2 First Amendment. The Parties now desire to amend the Agreement in order to renew the Agreement for an additional one-year term and to increase the total compensation under the Agreement by Twenty-Eight Thousand Five Hundred and Fifteen Dollars ($28,515).
3. TERMS.
3.1 Term.
Section 3.1.2 of the Agreement is hereby amended to read as follows: “The term of this Agreement shall be from July 1, 2025 to June 30, 2026, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Scope of Services . The Agreement is hereby amended to include the scope of services set forth in Exhibit “A,” attached hereto and incorporated herein by reference.
3.3 Compensation.
The total compensation for the Services provided pursuant to the Agreement and this First Amendment shall not exceed SIXTY- NINE THOUSAND THREE HUNDRED FIFTY DOLLARS ($69,350) without written approval of the City Manager. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered and at rates set forth under this First Amendment as set forth in Exhibit “A” and incorporated herein by reference.
3.4 Declaration of Political Contributions . Prior to the City’s approval of this Amendment, Consultant shall submit to City a statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the City Council within 297
60367.01100\33489405.1
- 2 -
the previous twelve -month period by the Consultant and all of their employees, including any employee(s) that Consultant intends to assign to perform the Services described in this First Amendment.
3.5 Continuing Effect of Agreement. Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment.
3.6 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 First Amendment.
3.7 Counterparts. This First Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
298
60367.01100\33489405.1
- 3 -
SIGNATURE PAGE FOR FIRST AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT FOR THE SAFETY ELEMENT UPDATE BETWEEN THE CITY OF ALISO VIEJO AND ATLAS PLANNING SOLUTIONS.
IN WITNESS WHEREOF, the parties have executed this First Amendment to Agreement on this ____ day of __________, 2025.
CITY OF ALISO VIEJO
Approved:
By:
Mitzi Ortiz
City Manager
ATTEST:
By: _______________________________
Janet Martinez
City Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney
APPROVED AS TO COMPLIANCE
WITH BUDGET
By:
Ann Eifert
Director of Financial Services
ATLAS PLANNING SOLUTIONS
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
By:
Its:
Printed Name:
By:
Its:
Printed Name:_________________________
299
60367.01100\33489405.1
- 4 -
CITY OF ALISO VIEJO
DECLARATION OF POLITICAL CONTRIBUTIONS
Using the space provided below, please list any political contributions of money, in-kind services, or loans made to any member of the City Council within the last twelve (12) months by Consultant and all of Consultant’s employees, including any employee(s ) that applicant intends to assign to perform the work or services described in this Agreement:
To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:
City/County/State Date
Name of Business Print Name
Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
300
60367.01100\33489405.1
- 5 -
CITY OF ALISO VIEJO
ACKNOWLEDGMENT OF RECEIPT OF FRAUD POLICY
I hereby acknowledge that I have received a copy of the City’s “Fraud Prevention Policy” dated October 1, 2008. I understand that I am to promptly read its contents and distribute copies to employees assigned to perform Services for the City of Aliso Viejo.
To the extent that provisions of this policy conflict with previously issued policies or practices, whether or not such policies and practices were contained in written policies, this policy shall prevail.
Name of Business Print Name
Signature
Date
301
60367.01100\33489405.1
B-1
EXHIBIT “A”
TO FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT FOR THE SAFETY ELEMENT UPDATE 302
Aliso Viejo Safety Element Update
Evacuation Assessment Proposal
DATE: May 9, 2025
TO: So Kim, Community Development Director
City of Aliso Viejo
FROM: Aaron Pfannenstiel, AICP
Atlas Planning Solutions
To better address Safety Element Update requirements and recent policy changes from the Board of Forestry, Atlas Planning Solutions has provided the following scope of work and budget to prepare an AB 747 compliant Evacuation Assessment:
Scope of Work
A. Evacuation Route and Evacuation Center Identification (AB 1409). The Atlas/F&P team will meet with City staff to identify critical evacuation routes that are sensitive to key hazard areas in the City of Aliso Viejo, and that are identified as being most important for the evacuation of the evacuation zones.
Atlas/F&P staff will meet with City staff, including emergency responder personnel and the City Engineer/Traffic Engineer. This scope anticipates that up to ten key roadway segments will be identified as critical evacuation routes. F&P will also identify emergency evacuation centers consistent with the requirements in AB 1409.
B. Evacuation Capacity Assessment (AB 747).
F&P will assess Citywide evacuation capacity and develop evacuation time estimates for up to two likely emergency events, consistent with AB 747. Given the wide range of scenarios that could occur, F&P will work with the City, emergency operations staff, and the Fire Department to assess key considerations for up to two likely evacuation events. These events could include wildfire, earthquakes, flooding, landslides and/or significant infrastructure failure. This scope of work assumes the following analysis methodologies:
• Attribute information (number of travel lanes, roadway classifications, land use assumptions, etc.) from The Orange County Transportation Analysis Model (OCTAM) will be referenced to inform the capacity assessment
o OCTAM land use data will be referenced to determine the household and population that may need to be evacuated from key zones
• This assessment will apply the volume-to-capacity approach to analysis o If more advanced microsimulation or dynamic traffic assignment procedures are required, the additional work associated can be scoped under an additional services request • This task assumes the Aliso Viejo Local Hazard Mitigation Plan (LHMP) will provide the latest hazard maps for us to reference.
303
The results of this analysis will be used to test their scalability in the area (i.e., how is evacuation time affected by multiple zones requiring evacuations) but also test potential evacuation scenarios that could occur in the City.
C. Recommendations. The Atlas/F&P team will use the two likely evacuation events to develop recommendations that focus on demand, supply and information during emergencies. Recommendations will focus on potential circulation constraints and capacity issues. This could include improved emergency response time, increased notifications, evacuation drills for residents, and/or improved infrastructure or transportation management to assist with evacuation (e.g., improved roadway network connectivity in some areas, contra-flow lanes, and/or staging areas to connect with multi-modal routes). These recommendations will be discussed with City staff, and the Atlas/F&P team will update the recommendations, if needed, based on one round of compiled comments.
Key deliverables. The Atlas/F&P team will summarize emergency evacuation assessment in a technical memorandum for review and comment by City. We will respond to one round of consolidated comments from the City and
submit final version of the memorandum.
Budget
Evacuation Route and Evacuation Center Identification (AB 1409) $ 8,430 Evacuation Capacity Assessment (AB 747). $ 11,535
Recommendations. $ 8,550
Total $ 28,515
304
CITY OF ALISO VIEJO
PROFESSIONAL SERVICES AGREEMENT
FOR
SAFETY ELEMENT UPDATE
1. PARTIES AND DATE.
This Agreement is made and entered into this d` day of , 2024, by and between the City of Aliso Viejo, a municipal corporationorganizedunder of the Statep p g of California with its principal place of business at 12 Journey, Suite 100, Aliso Viejo, California 92656 (" City") and Atlas Planning Solutions, a Corporation, with its principal place of business at 6578 Barranca Drive (" Consultant"). City and Consultant are sometimes individually referred to herein as " Party" and collectively as " Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of professional Safety Element Update consultant services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experiencedin providing professional Safety Element Update consultant services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the Safety Element Update project (" Project") as set forth in this Agreement.
3. TERMS.
3.1 Scopeof Services and Term.
3.1.1 General Scopeof Services. Consultant promisesand agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequatelysupply the professional Safety Element Update consultant services necessary for the Project (" Services"). The Services are more particularly described in Exhibit " A" attached hereto and incorporatedherein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from June 1, 2024 to June 30, 2025, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two additional one-year terms. Consultant shall completethe Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 1 60367.01100\33488377.1
305
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performedby Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independentcontractor basis and not as an employee.
Consultant shall complete, execute, and submit to City a Requestfor Taxpayer Identification Number and Certification ( IRS FormW-9) prior to commencement of any Services under this Agreement. Neither City, nor any of its officials, officers, directors, employeesor agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnelperforming the Services under this Agreement on behalf of Consultant shall also not be employeesof City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsiblefor all reports and obligations respectingsuch additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensationinsurance.
3.2.2 Schedule of Services.
3.2.2.1 Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit " B" attached hereto and incorporated herein by reference. Consultant represents that it has the professionaland technical personnelrequired to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipatedperformanceto meet the Schedule of Services.
3.2.2.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performancecaused by circumstances beyond the reasonable control of the non - performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party's performanceand is one or more of the following: ( 1) Acts of God or other natural disasters; ( 2) terrorism or other acts of a public enemy; ( 3) orders of governmental authorities ( including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmentalauthorities that are required for the Services); ( 4) strikes and other organized labor action occurring at the site and the effects thereof on the Services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and ( 5) pandemics, epidemics or quarantine restrictions. For purposes of this section, orders of governmental authorities," includes ordinances, emergency proclamationsand orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Services and Agreement.
2 60367.01100\33488377.1
306
3.2.2.3 Should a Force Majeure Event occur, the non - performing Party shall, within a reasonable time of being preventedfrom performing, give written notice to the other Party describing the circumstances preventingcontinued performanceand the efforts beingmade to resume performanceof this Agreement. Force Majeure Events and/or delays, regardlessof the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subjectto the approvalof City.
3.2.4 Substitution of Key Personnel. Consultant has representedto City that certain key personnelwill perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnelof at least equalcompetence upon written approvalof City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreementfor cause. As discussed below, any personnelwho fail or refuse to perform the Services in a manner acceptableto the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequateor timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Projectby the Consultant at the request of the City.
The key personnel for performance of this Agreement are as follows: Aaron Pfannenstiel, Suzanne Murray, Dennis Larson, Crystal Stueve, and Robert Jackson.
3.2.5 City's Representative. The City herebydesignates the City Manager, or his or her designee, to act as its representativefor the performance of this Agreement (" City's Representative"). City's Representativeshall have the power to act on behalf of the City for all purposes under this Contract. The City Managerhereby designates the Community Development Director, or her designee, as the City's contact for the implementationof the Services hereunder.
Consultant shall not accept direction or orders from any person other than the City's Representativeor his or her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Aaron Pfannenstiel, or his or her designee, to act as its representativefor the performance of this Agreement (" Consultant's Representative"). Consultant's Representativeshall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representativeshall supervise and direct the Services, using his best skill and attention, and shall be responsiblefor all means, methods, techniques, sequences and procedures and for the satisfactorycoordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performanceof Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionalsin the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling 3-
60367.01100\33488377.1
307
necessary to perform the Services. Consultant warrants that all employeesand subconsultants shall have sufficient skill and experienceto perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvalsof whatever nature that are legally required to perform the Services and that such licenses and approvalsshall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employeeof the Consultant or its sub - consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequateor timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Projectby the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulationsin any manner affecting the performanceof the Project or the Services, including all Cal/OSHA requirements, and shall give all notices requiredby law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactoryto the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactoryto the City that the subconsultant has secured all insurance required under this section.
3.2.10.2 Types of Insurance Required. As a condition precedentto the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performanceof its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Consultant agrees to amend, supplementor endorse the policies to do so.
a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office " occurrence" form CG 0001, with minimum limits of at least $ 1,000,000 per occurrence, and if written with an 4-
60367.01100\33488377.1
308
aggregate, the aggregate shall be double the per occurrence limit.
Defense costs shall be paid in addition to the limits.
The policy shall contain no endorsements or provisions limiting coverage for ( 1) contractual liability; ( 2) cross liability exclusion for claims or suits by one insured against another; or ( 3) contain any other exclusion contrary to the Agreement.
b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering " Any Auto" ( Symbol 1) with minimum limits of 1,000,000 each accident.
c) Professional Liability: Professional Liability insurance with minimum limits of $ 1,000,000. Covered professionalservices shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed ( for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).
If coverage is written on a claims - made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three ( 3) years from termination or expiration of this Agreement.
d) Workers' Compensation: Workers' CompensationInsurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $ 1,000,000 per accident for bodily injury and disease.
3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
a) The policy or policies of insurance requiredby Section 3.2.10.2 ( a) Commercial General Liability and ( c) Contractor's Pollution Liability shall be endorsed to provide the following:
1)
60367.01100\33488377.1
Additional Insured: The City of Aliso Viejo, its officials, officers, employees, agents, and volunteers shall be
additional insureds with regard to liability and defense of suits or claims arising out of the performance of the
Agreement.
Additional Insured Endorsements shall not ( 1) be restricted to " ongoing operations"; (2) exclude " contractual liability"; 5-
309
3) restrict coverage to " sole" liability of Consultant; or ( 4) contain any other exclusions contrary to the Agreement. 2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty ( 30) day written notice of cancellation has been served upon the City except ten ( 10) days shall be allowed for non-payment of premium.
b) The policy or policies of insurance required by Section 3.2.10.2 ( b) Automobile Liability and ( d) Professional Liability shall be endorsed to provide the following:
c)
1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty ( 30) day written notice of cancellation has been served upon the City except ten ( 10) days shall be allowed for non-payment of premium.
The policy or policies of insurance required by Section 3.2.10.2 ( e) Workers' Compensationshall be endorsed to provide the following:
1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty ( 30) day written notice of cancellation has been served upon the City except ten ( 10) days shall be allowed for non-payment of premium.
3.2.10.4 Primary and Non - Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified partiesshall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.10.5 Waiver of Subrogation. Requiredinsurance coverages shall not prohibit Consultant from waiving the right of subrogationprior to a loss. Consultant shall waive all subrogationrights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.
3.2.10.6 Deductible. Any deductible or self - insured retention must be approvedin writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protectedhad the policy or policies not contained a deductible or self - insured retention.
6 60367.01100\33488377.1
310
3.2.10.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedentto the effectiveness thereof, shall deliver either certified copiesof the requiredpolicies, or original certificates and endorsements on forms approvedby the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen ( 15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten ( 10) daysafter receiptof written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.10.8 Failure to Maintain Coverage. Consultant agrees to suspendand cease all operations hereunder during such period of time as the requiredinsurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.
In the event that the Consultant's operations are suspendedfor failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.
3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companieswith a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to placeinsurance through surplusline brokers under applicableprovisions of the California Insurance Code or any federal law.
3.2.10.10 Insurance for Subconsultants. All Subconsultants shall be included as additional insureds under the Consultant's policies, or the Consultant shall be responsiblefor causing Subconsultants to purchasethe appropriateinsurance in compliancewith the terms of these Insurance Requirements, including addingthe City as an Additional Insured to the Subconsultant's policies.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliancewith all applicablelocal, state and federal laws, rules and regulations, and shall exercise all necessary precautionsfor the safetyof employeesappropriateto the nature of the work and the conditions under which the work is to be performed. Safetyprecautionswhere applicable shall include, but shall not be limited to: ( A) adequate life protection and life savingequipment and procedures; (B) instructions in accident preventionfor all employeesand subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and ( C) adequate facilities for the proper inspectionand maintenance of all safety measures.
3.3 Fees and Payments.
7-
60367.01100\33488377.1
311
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit " C" attached hereto and incorporatedherein by reference. The total compensationshall not exceed Forty Thousand Eight Hundred and Thirty Five DOLLARS ($ 40,835) (" Total Compensation") without written approval of City's City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Paymentof Compensation.
Consultant shall submit to City a monthly itemized statement which indicates work completedand hours of Services rendered by Consultant. The statement shall describe the amount of Services and suppliesprovided since the initial commencement date, or since the start of the subsequentbilling periods, as appropriate, throughthe date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all non - disputed and approved chargesthereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, " Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonablyanticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensatedfor, Extra Work without written authorization from the City.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three ( 3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreementat any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven ( 7) daysbefore the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not 8-
60367.01100\33488377.1
312
be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may requireConsultant to provide all finished or unfinished Documents and Data and other information of any kind preparedby Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen ( 15) daysof the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or requiredunder this Agreement shall be given to the respectiveparties at the following address, or at such other address as the respectivepartiesmay provide in writing for this purpose:
Consultant:
Atlas Planning Solutions
6578 Barranca Drive
Riverside, CA 92506
Attn: Aaron Pfannenstiel
City:
City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656
Attn: So Kim, Community Development Department
Such notice shall be deemed made when personallydelivered or when mailed, forty-eight 48) hours after deposit in the U.S. Mail, first class postage prepaidand addressed to the party at its applicable address. Actual notice shall be deemed adequatenotice on the date actual notice occurred, regardlessof the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data: Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorshipfixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be preparedby Consultant under this Agreement (" Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. 9-
60367.01100\33488377.1
313
Consultant makes no such representationand warranty in regardto Documents & Data which were preparedby designprofessionalsother than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, providedthat any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performanceof this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performanceof the Services. Nor shall such materials be disclosed to any person or entity not connected with the performanceof the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographsof the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant's proprietary information (" Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicablestate or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five ( 5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense ( including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: ( 1) Consultant fails to fully indemnify, defend ( with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or ( 2) a final and non - appealableorder by a court of competent jurisdiction requiresthat City release such information.
3.5.4 Fraud Policy. Consultant shall provide a copy of the City's Fraud Prevention Policy to each of its employeesassigned to perform Services under this Agreement.
Consultant shall submit to the City a statement signed by an authorized representative for Consultant certifying receipt of the City's Fraud Prevention Policy. A finding by the City that any of Consultant's employeeshave committed fraud againstthe City or have violated the City's Fraud Prevention Policy shall be grounds for appropriatediscipline, up to and including such employee's removal from performance of this Agreement at City's request and/or termination of this Agreement. Consultant shall reimburse the City for any costs and expenses associated with fraud againstthe City.
3.5.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriateor convenient to attain the purposes of this Agreement. 10-
60367.01100\33488377.1
314
3.5.6 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
3.5.7 Indemnification.
3.5.7.1 To the fullest extent permitted by law, Consultant shall defend with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damageor injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys fees and other related costs and expenses except such loss or damage caused by the sole negligenceor willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.
3.5.7.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performanceas a " design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporatedherein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertainto, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionatepercentage of fault.
3.5.8 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedesall prior negotiations, understandingsor agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.9 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in OrangeCounty.
3.5.10 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7 Successors and Assigns. This Agreementshall be binding on the successors and assigns of the parties.
11-
60367.01100\33488377.1
315
3.8 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecationor transfer.
3.9 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparationof this Agreement, the language of this Agreement shall be construed simply, accordingto its fair meaning, and not strictly for or against any Party. Any term referencingtime, days or period for performance shall be deemed calendar daysand not work days.
All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captionsof the various articles and paragraphsare for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.10 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signedby both Parties.
3.11 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performedby a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.12 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.13 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.14 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreedto pay any company or person, other than a bona fide employeeworking solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingentupon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employeeof City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.15 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to 12-
60367.01100\33488377.1
316
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.16 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured againstliability for Worker's Compensationor to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencingthe performanceof the Services.
3.17 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and 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 bind each respectiveParty.
3.18 Counterparts. This Agreement may be signedin counterparts, each of which shall constitute an original.
3.19 Declaration of Political Contributions. Consultant shall, throughout the term of this Agreement, submit to City an annual statement in writing declaringany political contributions of money, in -kind services, or loan made to any member of the City Council within the previous twelve-month period by the Consultant and all of Consultant's employees, including any employee(s) that Consultant intends to assignto perform the Services described in this Agreement.
3.20 Subcontracting.
3.20.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
Signatures on following page]
13-
60367.01100\33488377.1
317
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ALISO VIEJO AND ATLAS PLANNING SOLUTIONS IN WITNESS WHEREOF, the partieshave executed this Professional Services Agreement on this day of , 2024.
CITY OF ALISO VIEJO
Approved:
By: L w
Mitzi rtiz
Acting City anager
ATTES
By:
Lauren Torres,
ManagementAnalyst
APPROVED AS TO FORM:
TIP' Sure
f)
Best Best & Krieger LLP
City Attorney
APPROVED AS TO COMPLIANCE
WITH BUDGET
By: jd/INV
w 1/v I
Ann Eifert
Director of Financial Services
60367.01100\33488377.1
ATLAS PLANNING SOLUTIONS
If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
Its: President
Printed Name: Suzanne Murray
Its: Secretary
Printed Name:Aaron Pfannenstiel
14-
318
CITY OF ALISO VIEJO
DECLARATION OF POLITICAL CONTRIBUTIONS
Using the space provided below, please list any political contributions of money, in - kind services, or loans made to any member of the City Council within the last twelve ( 12) months by the applicant and all of applicants' employees, including any employee(s) that applicant intends to assign to perform the work or services described in Agreement dated . If none, please state so:
Atlas Planning Solutions has not made any political contributions to Aliso Viejo elected officials or any other elected officials in any other jurisdiction.
To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:
Riverside, CA 4-5-2024
City, State Date
Atlas Planning Solutions Aaron Pfannenstiel
Name of Business Print Name
Signatur
This executed form must be submitted with the Proposal.
319
4-5-2024
CITY OF ALISO VIEJO
ACKNOWLEDGMENT OF RECEIPT OF FRAUD POLICY
I hereby acknowledge that I have received a copy of the City's " Fraud Prevention Policy" dated October 1, 2008. I understand that I am to promptly read its contents and distribute copies to employees assigned to perform Services for the City of Aliso Viejo.
To the extent that provisions of this policy conflict with previously issued policies or practices, whether such policies and practices were contained in written policies, this policy shall prevail.
Atlas Planning Solutions
Aaron Pfannenstiel
Name of Business Print Name
Date
This executed form must be submitted with the Proposal.
320
EXHIBIT " A"
SCOPE OF SERVICES
SEE ATTACHED]
321
VI. Scope of Work
The following scope of work is intended to ensure the City's updated General Plan Safety Element meets the latest requirements under California Government Code § 65302 ( g). Two optional tasks have been identified at the end of the scope of work that provides the City with additional choices regarding how best to comply with these latest requirements.
Task 1: Safety Element Coordination/Management
To support the coordination and management of the safety element update process, the APS Team will conduct the following efforts:
Project Kick - Off Meeting
APS will participate in a virtual project kick-off meeting and work with the project team to identify the data needs and existing documentation for review as part of the Safety Element Update. This task will establish the project schedule, identifying protocols for communication and coordination with state agencies ( Cal FIRE, California Geological Survey, etc.).
Data Collection and Review
Based on the project kick-off meeting discussion, the APS Team will identify key data needs and review existing data and information currently available, as well as data developed as part of the recent completion of the LHMP. Based on this review, the APS Team will identify the information/data needed from the City.
Community Engagement Strategy/Content
In preparation for outreach and engagement activities, the APS Team will prepare a memorandum to the City describing the community engagement strategy in terms of groups to be contacted, methods for information sharing during meetings, and methods of advertising the events. As part of this task, the APS Team will coordinate with City staff to update the contacts list based on the prior work completed during the LHMP project. Upon completing the engagement memorandum, the APS Team develops materials to advertise the project and alert residents and businesses about the planning process and the importance of the Safety Element. A flyer for website posting, social media blasts, and print advertisements will be prepared for the community engagement opportunities identified in the memo.
Public Workshop
As part of the element update, the APS Team recommends a Public Workshop during the public review period. This workshop should provide both decision - makers and the public with the necessary information to understand the safety element's importance and opportunities to answer questions and provide a forum for feedback and input. The APS Team will prepare a presentation for this meeting and attend the meeting to facilitate the discussion on behalf of the City.
Task 2: Policy Crosswalk Analysis
The APS Team will conduct a background review of the existing General Plan Safety Element and other key elements of the General Plan that may play a role in the update. This review will identify the applicable hazards that affect the City and emerging issues of concern in the future.
A key component of this analysis includes the review of the existing policy framework to determine relevancy to the issues of today and adherence to current state requirements. This also includes an evaluation of the Safety Elements' compliance with California Government Code sections
322
65302(g) 1-9. This review will also provide an overview of the Cal Fire review criteria used to assess the element required by the California Board of Forestry and Fire Protection.
As part of the Safety Element review process, the APS Team recommends reviewing other General Plan Elements to ensure the Safety Element recommendations do not conflict with goals and policies in other elements. Completing this review will highlight other goals and policies that may address new Safety Element requirements and key areas for future updates within these other elements. We have found this helpful in assisting City staff with a better understanding of potential opportunities and constraints within the General Plan.
Task 3: Safety Element Technical Analysis
Climate Adaptation Vulnerability Assessment Summary
Building on the recent completion of the City's LHMP, the APS Team will prepare a Climate Adaptation Vulnerability Assessment Summary that includes the basic components necessary to comply with Government Code Section 65302(g) 3, also known as SB 379. The intent of this summary is to rely on the content and analysis in the LHMP that address climate - related impacts and provide a foundation for key goals, policies, and implementation actions. This task intends to provide the City with a simple way of addressing these requirements and relying on the LHMP for most of the analysis. However, if this City would prefer an assessment that includes a more detailed analysis and key adaptation strategies independent of the LHMP, please refer to Optional Task — Expanded Vulnerability Assessment.
SB 99 Evacuation Analysis
In accordance with SB 99, the APS Team will conduct an analysis of single ingress/egress conditions within residential neighborhoods in the City. These locations may highlight potential areas where evacuation may be challenged due to limited roads or where the City may require additional attention and pre - planning. As part of this analysis, the APS Team will highlight cul-de- sacs and other potential constraints and map these conditions to the various mapped hazards to identify converging issues. Based on the analysis, the APS Team will identify recommended policies and implementation actions for incorporation into the updated General Plan Safety Element.
Task 4: Safety Element Preparation
Administrative Draft Safety Element
The APS Team will prepare an Administrative Draft Safety Element update in compliance with Government Code Section 65302 ( g). Based on a review of the existing element and our understanding of the conditions within the City and vicinity, APS anticipates that seismic/geologic hazards, wildfire, severe weather, flooding, and emerging hazards will be focus areas as well as address how those hazards could be exacerbated by climate change. Relying on the recently completed LHMP and work products in Task 3, the APS team will develop an updated element that complies with the latest requirements associated with climate adaptation ( SB 379) and evacuation ( SB 99). The updated element will also ensure compliance with SB 1241, which requires identifying and assessing wildfire hazards for communities with Very High Fire Hazard Severity Zones. As part of this compliance, the updated element will require review and approval by Cal Fire and the California Board of Forestry and Fire Protection. Based on our assessment conducted in Task 2, APS will establish comprehensive goals and policies to protect the community from the unreasonable risk of natural and human - caused hazards of concern.
323
Public Review Draft Safety Element
Upon completing the City's review of the Administrative Draft Safety Element, APS will prepare a Public Review Draft Safety Element to be released for public comment. We anticipate this draft will be released for 30 days for public review; however, this timeframe is typically based on the required review associated with the CEQA process conducted. Since we recommend an exemption be used for CEQA compliance, no public review period is necessary. Refer to Task 6 for additional information.
Cal Fire Review Draft Safety Element
Upon completing the Public Review Draft, the APS team will share the document with CaI FIRE staff, initiating the required SB 1241 review. Typically, this review should be initiated 90 days before the final adoption of the Safety Element by the City Council. Through this process, the APS Team will receive comments or recommendations for inclusion in the element to comply with SB 1241 requirements. Once comments are received from Cal FIRE, the APS Team will conduct a coordination call with the Cal Fire reviewer to discuss potential revisions and provide those revisions to City staff for review and approval. Upon approval, the Revised Element will be submitted for final review by Cal Fire in preparation for transmittal to the Board of Forestry. Once the Board of Forestry approves the element, the City will have met its required obligation and can adopt the element.
Final Draft Safety Element
Upon conclusion of both the public and Cal FIRE review processes, the APS Team will support City staff with the final approval process. As part of this process, the APS Team will prepare the Final Safety Element based on feedback and comments received during the public hearings process. It is anticipated that revisions during this phase will be minor and require minimal staff time.
Task 5: CaI Fire/BOF Review Process
Once the CaI Fire Review Draft is complete and transmitted to Cal Fire staff for review, the APS Team will coordinate with staff to ensure a timely review. This coordination will involve regular calls/emails and other interactions during the review to minimize delay and expedite the comments and revisions process.
Task 6: CEQA Assistance
The APS Team recommends using a CEQA exemption as part of the Safety Element update. We have used this type of compliance in the past, and it has helped expedite the schedule and reduce potential delays during the CEQA process. The types of exemptions we have relied upon include those under Sections 15060(c)(2) and 15061(b)(3) in that the proposed amendments, which are primarily limited to policy modifications and updates in compliance with Government Code Section 65302, are not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment, nor will the proposed changes have the potential for causing significant effect on the environment. Under State CEQA Guidelines Section 15382, " significant effect on the environment" means " a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. An economic or social change by itself shall not be considered a significant effect on the environment. A social or economic change related to a physical change may be considered in determining whether the physical change is significant." The proposed updates follow current State General Plan
324
requirements and will not substantially affect, potentially substantially affect, or change the City's land, air, water, minerals, flora, fauna, ambient noise, and objects of historical or aesthetic resources as all potential changes have been thoroughly considered, and will act to protect the environment and upon implementation would result in better conditions than those that exist within the City today.
While this is a simpler and more straight forward approach, if for some reason this approach is not preferred, the APS team would be happy to assist the City with expanded CEQA compliance and would engage one of our subconsultants that provide CEQA services beyond our capabilities.
If the City desires expanded CEQA services, they can be provided under a separate scope and fee.
Task 7: Safety Element Adoption
Upon completion of the final Safety Element, the APS team will support City staff during the adoption process by attending the following meetings:
California Board of Forestry Hearing ( 1)
APS staff will attend the virtual California Board of Forestry and Fire Protection hearing to support the City and Cal Fire staff during this approval process. As part of these hearings, Board members typically have questions for Cal Fire staff that often require support from the City/Consultant.
Attendance at this meeting is advised to ensure a smooth process and reduce potential questions or concerns.
City Council Meeting ( 1)
APS staff will support City staff during the final adoption of the Safety Element. This task includes in - person attendance, preparation of a presentation for use at the meeting, and information and materials preparation for inclusion in the staff report and adoption materials.
Optional Task - AB 747 Emergency Evacuation Assessment
A. Evacuation Route and Evacuation Center Identification. The APS team will meet with City staff to identify critical evacuation routes sensitive to key hazard areas in the City of Aliso Viejo and those identified as being most important for the evacuation of the evacuation zones. In addition to APS staff attendance, this meeting will include City staff who address emergency situations ( first responder personnel) and traffic and circulation issues. This scope anticipates that up to ten key roadway segments will be identified as critical evacuation routes. The APS team will also identify emergency evacuation centers consistent with the requirements in AB 1409.
B. Zone Scenario Testing and Development. The APS team will work with the City on an analysis methodology to identify the likely amount of time required for each area with limited accessibility ( identified in the previous subtasks) to evacuate. To assist with the evacuation time estimates, we anticipate using the attribute information ( number of travel lanes, roadway classifications, etc.) from the Orange County Transportation Analysis Model ( OCTAM) to inform the capacity assessment. We also anticipate using OCTAM land use data to determine the households and populations that may need to be evacuated from key zones. The results of this analysis will be used to test their scalability in the area ( i.e., how evacuation time is affected by multiple zones requiring evacuations) and to test potential evacuation scenarios that could occur in the city. Given the wide range of scenarios that could occur, the APS team will work with the City to assess key considerations for up to two likely evacuation events. These events could include wildfire, earthquakes, flooding, landslides and/or significant infrastructure failure.
325
C. Recommendations. The APS team will use the two likely evacuation events to develop recommendations focusing on potential circulation constraints and capacity issues. This could include improved emergency response time, increased notifications, evacuation drills for residents, and/or improved infrastructure or transportation management to assist with evacuation e.g., improved roadway network connectivity in some areas, contra - flow lanes, and/or staging areas to connect with multimodal routes). These recommendations will be discussed with City staff, and APS will update the recommendations, if needed, based on one round of compiled comments.
Completing this task will include a summarized emergency evacuation assessment in a technical memorandum for review and comment by the City. We will respond to one round of consolidated comments from the City and submit the final version of the memorandum.
Optional Task - Expanded Vulnerability Assessment
Task 3 identifies a Climate Adaptation Vulnerability Assessment summary that relies on the existing LHMP. If the City desires to expand the work effort identified in Task 3, APS recommends the following optional task of preparing an Expanded Climate Adaptation Vulnerability Assessment. This proposed optional tasks will consist of two elements: the climate vulnerability assessment and corresponding climate adaptation measures ( or strategies). The climate vulnerability assessment and development of adaptation measures follow a two-step approach consistent with climate adaptation frameworks recommended by the California Governor's Office of Emergency Services ( CaIOES) 2020 California Adaptation Planning Guide ( APG), meet the requirements of SB 379, and afford the City additional flexibility in how they address climate change/adaptation above and beyond the minimum requirements defined by the State.
Step one is the development of a climate vulnerability assessment to identify the city and community assets and populations that may be affected by climate hazards. The second step is identifying and prioritizing corresponding climate adaptation measures intended to reduce the impact on vulnerable communities or assets as identified in the vulnerability assessment. Both steps are informed by a regulatory framework and guided by national and statewide climate assessments, plans, and relevant efforts, including, but not limited to:
California Governor's Office of Emergency Services 2020 California Adaptation Planning Guide
State of California's Principles for Aligned State Action ( 2021) California Governor's Office of Planning and Research Integrated Climate Adaptation and Resiliency Program
Center for Disease Control's Building Resilience Against Climate Effects ( BRACE) framework
United States Climate Resilience Toolkit
State of California's Sea - Level Rise Guidance ( 2018) California Coastal Commission's Sea Level Rise Policy Guidance ( 2018) National Integrated Heat Health Information System
The regulatory framework and current guidance will be documented within this effort. The vulnerability assessment and adaptation measures will also use the information available at the city, region, and state levels to create an assessment focusing on climate resiliency in Aliso Viejo.
326
A. Perform Climate Vulnerability Assessment
The climate vulnerability assessment aims to identify the city's exposure to the effects and impacts of climate change. More specifically, the primary effects caused by the initial impacts of increased GHG emissions ( e.g., average temperature and annual precipitation amounts) and the secondary effects ( e.g., drought, heatwaves, flooding) that result from the primary effects). To perform the climate vulnerability assessment, the Project team will characterize the climate hazards and other climate effects that are anticipated to affect the city.
The climate vulnerability assessment methodology is consistent with the APG framework and takes into consideration the City of Aliso Viejos' existing safety, hazard, and emergency planning policies, plans, and programs. The three analytical phases we recommend are:
Exposure: The purpose of this phase is to understand existing hazards in the community and how they may change up until the year 2045. The Project team will use Cal - Adapt and other readily available statewide tools to describe how climate hazards and other climate - change -related effects are projected to change. Consistent with APG guidance, the Project team will describe historical events and map climate change - related effects in GIS, where possible.
Sensitivity and Potential Impacts: This phase compiles a list of population groups and community assets that are sensitive to localized climate change effects. The analysis will address any disproportional impacts climate change may have on vulnerable communities across the City ( e.g., seniors, children, low-income, persons with disabilities, etc.). Using vulnerable communities' data, the Project team will fill in data gaps with research from regional and state reports on climate impacts and stakeholder input.
Adaptive Capacity: The intent of this phase is to evaluate the City's current ability to cope with climate impacts. The ability to adapt is determined through two methods: First, a review of existing plans ( specifically the LHMP and General Plan Safety Element) policies and programs relevant to climate, hazards, emergency operations, or public safety.
The output of the climate vulnerability assessment is intended to inform the city and community about which climate vulnerabilities are of the greatest concern and inform the development of adaptation measures development and implementation.
B. Identify Climate Adaptation Measures
The adaptation planning process aims to identify measures for preparing the community for the potential impacts of climate change through 2045, consistent with the outcomes of the climate vulnerability assessment. The Project team will identify adaptation measures for each hazard risk based on the severity level ( low - risk, medium - risk, and high -risk). These measures will be organized into whole community actions and actions specific to government operations.
C. Develop Goals for Adaptation
In collaboration with City staff and stakeholders, adaptation goals will be developed to provide direction for achieving resiliency and act as guideposts throughout the planning process and implementation. Establishing resilience goals builds transparency into the process, clarifies shared outcomes, provides the foundation for future project decisions, and informs tracking and evaluation metrics development. The City may choose to develop new goals or refer to existing ones within the general plan or LHMP.
327
D. Prepare Adaptation Measures
The Project team will collaborate with City staff and stakeholders to prepare adaptation measures after reviewing vulnerabilities and confirming the City's vision and goals for adaptation and resilience. We will develop the adaptation measures consistent with the City's existing or proposed policy framework ( i.e., General Plan, 2024 LHMP) so the adaptation measures are aligned with the expected outcomes and the terminology is consistent. Each goal drafted should have a set of measures to support its achievement.
Adaptation measures may be general statements of policy preference or desired direction, and others are highly detailed and contain specific implementation direction. The Project team recommends categorizing strategies to provide direction for implementation. Examples include:
Programmatic. Measures to expand or create new programs, activities, and initiatives.
Plans, regulations, and policy development. Measures to develop or revise policies, plans, regulations, and guidelines.
Capital improvement/infrastructure projects. Measures designed to address physical and functional deficiencies and needs in the built and natural environment.
Education/outreach/coordination. Measures related to initiating or expanding partnerships and relationships, communicating and sharing information, and expanding awareness.
City Staff Requirements
The APS Team anticipates City staff will support the proposed scope of work in the following ways:
Review task deliverables and provide one set of consolidated comments and feedback on each deliverable.
Transmittal of outreach content and materials using standard City protocols and methods.
Posting meeting notices and outreach information in City -approved locations ( both physically and virtually).
Arranging meeting locations and logistics.
Coordinating with City Departments and Contracting Agencies to ensure internal consistency in project feedback.
328
EXHIBIT " B"
SCHEDULE OF SERVICES
SEE ATTACHED]
329
Propos
edSchedule
The
schedule
provided
assumes
an
efficient
planning
proc
ess
and
discr
etetimeframes
for
the
internal
and
externaloutreach
and
coordination .
Based
on
the
proposed
schedule,
the
APS
Team
anticipates
an
8 -
month
schedule
to
complete
this
project .
TASK
2024
2025
June
July
August
September
October
No
vember
D
ecember
January
Febr
ua
March
April
1 Safety
Element
Coordination/Managem
ent-''' .
1 1
T-mt
1 j
2 Policy
Crosswalk
Analysis
3 Safety
Element
Technical
Analysis
4 Safety
Element
Preparation
1 5
Cal
Fire/BOF
Review
Process
6 CEQA
Assistance
7 Safety
Element
Adoption
8 Optional
Task -
AB
747
Analysis
IIII
8 Optional
Task -
Expanded
Vulnerability
Assessment
111111M
f
Denotes
Meetings/
Coordination
Calls
Atlas
Planning
Team
Tasks
City
Review
Tasks
Public
Review
Period
Cal
Fire
Review
Period
Staff
Hours
Allocation
The
following
table
provide
s
a
summary
of
staff
hours
by
Task.
Additional
detailed
information
by
task
is
provided
in
the
Cost
Proposal
Section
of
this
proposal.Task
Name
Task
1:
Safety
Element
Coordination/M
anagement
Aaro
n
Pfannenstiel
10 Suza
nne
Murray
2 D
ennis
Lars
on
7 Cry
stal
Stueve
3 RobertJackson
14 P
aul
Herrmann
2 TransportationPlanner
2 Task
2:
Policy
Crosswalk
Analysis
4 0
4 8
16 0
0 Task
3:
Safety
Ele mentTe
chnical
Analysis
8 0
28 4
16 0
0 Task
4:
Safety
Element
Preparation
12 8
12 14
36 0
0 Task
5:
Cal
Fire/BOF
Review
Process
4 0
0 2
4 0
0 Task
6:
CEQA
Assistance
4 0
4 8
0 0
0 Task
7:
Safety
Element
Adoption
6 0
0 2
0 0
0 Optional
Task -
AB
747
Evacuation
Assessment
4 2
0 0
0 45
90 Optional
Task -
Expanded
Vulnerability
Assessment
8 4
40 12
20 0
0 Page
27 of
29 330
EXHIBIT " C"
COMPENSATION
SEE ATTACHED]
331
IX. Cost Proposal
Atlas Planning Solutions has provided a cost proposal based on the scope of work provided, which relies on the following assumptions:
Plan preparation will rely on readily available information from existing City plans, relevant plans, and information from County and State sources.
No issues are anticipated with the City's typical payment procedures and timeframes.
No additional fees are anticipated beyond those identified in the proposed cost proposal.
The proposed fee is our best estimation based on our assessment of the City's needs. If any assumptions are incorrect or require refinement, the APS Team will happily work with the City to refine this estimate.
APS proposes a project contingency budget of 10% of the proposed fee. This amount is identified for unanticipated needs or additional work the City desires. Use of this budget would only occur with prior approval by the LHMP Project Manager.
Task Name
1NI
1 Aaron
N o
Pfannenstiel
1.I
Suzanne
a, ,
Murray
of
lN`'
1 Dennis
1!
LarsonCrystalStueveRobertJacksonPaul
HerrmannTransportation:Planner
Total Fees
150 125 225 180
Task 1: Safety Element Coordination/Management
Project Kick - Off Meeting
3 14 2 2 7,035
2 1,300
Data Collection and Review 2 2 2 2 2 1,760
Community Engagement Strategy/Content 2 2 1 1 8 2,125
Public Worksho•
Task 2: Policy Crosswalk Analysis
4 4 0
2 4 8
4 16 0 0
1,850
4,900
Review of Safet Element Goals and Policies 4 4 8 16 4,900 Task 3: Safety Element Technical Analysis 8 0 28 4 16 0 0 9,500 Climate Adaptation Vulnerability Assessment Summary 4 24 4 5,800 SB 99 Evacuation Anal sis 4 4 16 3,700
Task 4: Safety Element Preparation 12 8 12 14 36 0 0 12,900 Administrative Draft Safety Element 4 4 8 4 16 5,600
Public Review Draft Safety Element 4 2 2 4 8 3,250
Cal Fire Review Draft Safety Element 2 2 2 4 8 2,750
Final Draft Safet Element 2 2 4 1,300
Task 5: Cal Fire/BOF Review Process 4 0 0 2 4 0 0 1,800 Cal Fire/BOF Coordination 4 2 4 1,800
Task 6: CEQA Assistance 4 0 4 8 0 0 0 2,900
CEQA Exem•tionAssistance
Task 7: Safety Element Adoption
4 6 0
4 0
8 2 0 0 0
2,900
1,800
Califomia Board of Forestry Hearing (1) 2
4 500
City Council Meeting ( 1) 2 1,300
Grand Total 48 10 55 41 86 2 2 40,835
4 2AB 747 Emergency Evacuation Assessment
Expanded Vulnerability Assessment
Grand Total ( with Optional Tasks)
45 90 27,625
13,900
82,360
8 4 40 12 20
60 16 95 53 106 47 92
332