CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
1989
To: Honorable Mayor and Council Members
FROM: Jonathan Orduna, Community Development Director
DATE: May 2, 2023
SUBJECT:
Services
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Amendment No. 3 to the Professional Services Agreement with GMU Geotechnical, Inc. to provide on-call geotechnical consulting services on an as- needed basis in an annual amount not to exceed $300,000 through June 30, 2025; and,
2. Authorize the City Manager to execute Amendment No. 3 to the Professional Services Agreement between the City and GMU Geotechnical, Inc., subject to the City Attorney making non-substantive changes.
BACKGROUND & ANALYSIS
On November 2, 2021, the City Council approved Amendment No. 2 to the Professional Services Agreement with GMU Geotechnical, Inc. for on-call geotechnical consulting services in an annual amount not to exceed $175,000 through June 30, 2025. In light of the increased development and building activity in the City, staff has proposed increasing the annual not to exceed amount to $300,000, as shown in Attachment "A" to meet the heightened demand for geotechnical consulting services.
GMU Geotechnical, Inc., has been providing geotechnical review services to the City since February 15, 1994. They have demonstrated considerable expertise and experience, including a thorough understanding of the geologic conditions throughout Laguna Niguel. GMU Geotechnical, Inc., conducts reviews of all geotechnical studies, associated reports, and plans for grading/soils related permit plan checks and entitlement projects on behalf of the City. This also includes emergency geotechnical services for unanticipated landslides, slope failures, and other public safety concerns related to earth movement. Their in-depth knowledge and experience enable them to promptly and
comprehensively respond to staffs requests for services. Consultant services are funded by project/permit applications.
ALTERNATIVES CONSIDERED
The City Council may decide not to approve Amendment No. 3 to the Professional superior work product.
FISCAL REVIEW
Associated expenses for GMU Geotechnical, Inc.'s services are offset by an equal amount of revenue deposited by project/permit applications, resulting in a no net cost to the City. The requested amendment aligns with the proposed Fiscal Year 2023-2024 City budget, and funding for future years will continue to be included in the operating budget for the Community Development Department.
LEGAL REVIEW
The City Attorney has reviewed and approved the Professional Services Agreement Amendment and this staff report as to form.
CONCLUSION
Staff recommends that the City Council:
1. Approve Amendment No. 3 to the Professional Services Agreement with GMU Geotechnical, Inc. to provide on-call geotechnical consulting services on an as- needed basis in an annual amount not to exceed $300,000 through June 30, 2025;
2. Authorize the City Manager to execute Amendment No. 3 to the Professional Services Agreement between the City and GMU Geotechnical, Inc., subject to the City Attorney making non-substantive changes.
Samara S Retonnau
Tamara S. Letourneau Nicholas Ghirelli
City Manager Interim City Attorney
Lth Elen.
Jonathan Orduna Hannah Tamaddon
Community Development Director Administrative Secretary Attachment:
A. Amendment No. 3 to the Professional Services Agreement with GMU Geotechnical, Inc.
ATTACHMENT A
Amendment No. 3 to the Professional Services Agreement
with GMU Geotechnical, Inc.
AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL SERVICES
GENERAL ON-CALL SERVICES
THIS AMENDMENT NO. 3 TO THE AGREEMENT ("Amendment No. 2") for Professional Services is made and entered on
the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and GMU Geotechnical, Inc., a California corporation hereinafter the "Consultant".
RECIIALS:
1. Original Contract
A. On October 16, 2018, the City entered into a Professional Services Agreement with the Consultant to provide on-call Geotechnical Consulting Services specifically for the Community Development Department on an as needed basis through June 30, 2021 ("Agreement").
B. The Agreement states that the scope of services shall be established on a per project basis upon request by the City. The initial Agreement term including any subsequent Amendments, ran through June 30, 2021.
2. Amendment No. 1
A. Since entering into the Agreement, the City has entered into Amendment No. 1 with the Consultant to provide professional services for specific projects. In addition, Amendment No. 1 extended the Agreement term to run through June 30, 2025.
3. Amendment No. 2
A. On November 2, 2021, the City entered into Amendment No. 2 with the Consultant to provide general on-call services on an as-needed basis in an annual amount not to exceed $175,000 through June 30, 2025 and to terminate and supersede the scope of work provided under Amendment No. 1.
4. Amendment No. 3
A. The City now desires to enter into Amendment No. 3 to the Agreement (Amendment No. 3) with the Consultant to provide general on-call services identified in Exhibit "A-3" on an as-needed basis in an annual amount not to exceed $300,000 through June 30, 2025.
1 AGREEMENI:
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and covenants herein contained, the parties hereto agree as follows:
1. Services to be Performed by Consultant. Consultant agrees to perform on-call professional services for the City and to prepare and deliver the work products to the City per the Agreement and as further defined in Exhibit "A-3".
2. Additional or Different Services. Any proposed changes in the services outlined in Exhibit "A-3" shall be made only by written amendment.
3. Term. This Amendment No. 3 shall become effective the date stated above and will continue in effect until the work required by this Amendment No. 3 is completed or the Agreement expires, whichever comes first, subject to termination as provided in paragraph 27 of the Agreement except the indemnification provisions contained in paragraph 18 of the Agreement shall remain in full force and effect after Amendment No. 3 is terminated.
4. Payment for Services. City agrees to pay Consultant for providing the professional services which are described in Exhibit "A-3," and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "A-3," in an annual amount not to exceed $300,000.00. Consultant shall invoice the City monthly on a time and materials basis in accordance with the Agreement. City shall pay all proper invoices within thirty (30) days of receipt. Should City wish to dispute an invoice, it must do so in writing within twenty (20) days of receipt. Otherwise, invoices shall be deemed accurate and payable according to the terms thereof.
5. Continuation of Terms and Conditions of the Agreement. Except as otherwise expressly provided in this Amendment No. 3, all terms and conditions of the Original Agreement, as amended by Amendment No. 1 and Amendment No. 2, shall remain in full force and effect and shall apply to the performance of services pursuant to this Amendment No. 3.
6. Authority to Sign. The persons executing this Amendment No. 3 on behalf of the Consultant warrants and represents that they have the authority to execute this Amendment No. 3 on behalf of the Consultant and have the authority to bind the Consultant to the performance of the obligations hereunder. 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement as of the date first above written.
"CITY"
CITY OF LAGUNA NIGUEL
By:
Tamara S. Letourneau
City Manager
ATTEST:
Marissa J. Asistin,
City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA
Nicholas Ghirelli
Interim City Attorney
"CONSULTANT"
GMU GEOTECHNICAL, INC.
By:
Print Name:
Title:
By:
Print Name:
Title:
3 EXHIBIT "A-3"
PROPOSAL
4 GMU
ENGINEERS & CEOLOCISTS
April 17, 2023
Mr. John Morgan, Development Services Manager
CITY OF LAGUNA NIGUEL, COMMUNITY DEVELOPMENT DEPARTMENT 30111 Crown Valley Parkway
Laguna Niguel, CA 92677 GMU Proposal P-23109
Subject: Proposal to Provide Community Development Department Services, City of Laguna Niguel
Dear Mr. Morgan:
At your request, we are pleased to present this proposal to provide Community Development Department services, including Building, Grading, Planning, and emergency services as needed.
GMU understands the needs of the City, as a result of decades of GMU experience working with the Building, Grading, and Planning Departments, and our review and understanding of the City Grading Code, County Grading Manual, and the current Building Code and industry standards.
Scope of Work
Our scope of work will include providing all tasks and services GMU currently provides to the City, including:
• Geotechnical Third-Party Review:
• Including review of reports and documents submitted for Building, Grading, and Planning/Entitlement permitting.
• Attendance at meetings with applicants and project teams to discuss review comments and/or project status.
• Grading Permit Processing and Review:
• Process permit applications, including accepting submittals, and coordinating permit paperwork (i.e., contractor license data, bonds, insurance documents, etc.).
Coordinate with Building Department Staff when preliminary grading permits are closed, or when foundation permits may be issued.
Coordinate with applicants, civil engineers, and the project design team to address plan check comments and application requests.
• Grading Plan Check Services, including:
• Verify project is prepared and plans designed per current Building Code, City Grading Code, Water Quality regulations, and industry standards. • Grading Permit Inspections:
• Coordinate and schedule inspection requests.
• Perform on-site inspections.
Verify field paperwork is adequate.
5u ye
Geotechnical • Pavement • Structural • Civil 30336 Esperanza, Rancho Santa Margarita, CA 92688 | 0 949.888.6513 | www.GMUgeo.com Mr. John Morgan, CITY OF LAGUNA NIGUEL, COMMUNITY DEVELOPMENT DEPARTMENT Proposal, Community Development Department Services
• SWPPP and Water Quality Management Plans:
• Review erosion control plans, SWPPP, and Water Quality Management Plans concurrent with grading plan reviews.
• Provide on-site construction inspections to verify contractor's SWPPP practices are implemented per the General Permit.
• Miscellaneous Tasks:
• Emergency Services
• Meeting Attendance (Planning Commission, Council, Staff meetings) • Structural Third-Party Review
• Advise on preparation of new or revised City Standards or Codes • Develop minimum requirements for submittals based on geotechnical conditions and experience within the City
Staffing and Project Management
We propose to continue to provide staffing and project/task management in the same manner as GMU currently provides to all Departments within Community Development. All services will continue to be coordinated and managed by Lisa Bates. David Hansen and Alan Palermo will continue to provide geotechnical, grading, and water quality plan check review services. Joshua Cuda will continue to provide on-site grading and water quality/SWPPP inspections. GMU President/CEO, Greg Silver, will continue to provide management oversight and technical review on projects within the City that have a complex or historic aspect.
An organizational chart showing the team roles is presented below.
Lisa Bates, PG, CEG,
QSD, QSP
Manager/Plan Check
Coordinator/Reviewing
Geologist
David Hansen, PE, GE As Needed:
Joshua Cud: Alan Palermo, PE
Reviewing Grading/SWPP)
Engineer/Grading Plan Inspector lydrology/Hydraulic
Checker later Oualitv/Utiliti
April 17, 2023 2 GMU Proposal P-23109
Mr. John Morgan, CITY OF LAGUNA NIGUEL, COMMUNITY DEVELOPMENT DEPARTMENT Proposal, Community Development Department Services
Qualifications for our individual team members are presented below.
Lisa Bates, PG, CEG. OSD. OSP, Manager/Plan Check Coordinator/Reviewing Geologist:
• Has provided services to the Department for more than 17 years, including frequent communication regarding reviews and plan check services and specific issues or complexities with submitted plan sets.
• Has provided geotechnical review services for more than 17 years to Laguna Niguel. • Currently communicates regularly with existing Community Development Staff, and understands the City's processes, requirements, and needs. • Knowledge extends beyond geologic or geotechnical engineering and includes grading plan review and water quality issues.
• Duties will include processing permit applications and coordinating with applicants and design engineers, coordinating and scheduling on-site inspections, and overseeing the plan check process performed by GMU staff.
David Hansen, PE. GE, Grading Plan Checker:
• Has provided geotechnical review services to the City of Laguna Niguel for over 10 years, and grading plan checking since May 2020.
• Has provided review services to various agencies for over 22 years. • Is a licensed Civil Engineer in the State of California. • Has professional experience providing geotechnical and civil engineering services in the City of Laguna Niguel for over 30 years.
• Duties will include plan check services as listed above, communication with design engineers as needed, and communication with City Staff, if needed.
Joshua Cuda, Grading/SWPPP Inspector:
• Has 27 years of experience providing inspections on a variety of grading projects, ranging from single-family residence to mass grading of planned communities. • Has decades of experience coordinating grading projects with agency inspectors. • Has over 17 years of experience providing agency third-party inspection services for grading permits.
• Is certified as a Registered Special Inspector through multiple municipalities. • Holds multiple certifications from CalTrans, ACI, and ICC. • Has over 17 years of storm water sampling and testing experience. • Has 7 years of experience providing SWPPP inspection services. • Duties will include providing on-site grading and SWPPP inspection services.
April 17, 2023 3 GMU Proposal P-23109
Mr. John Morgan, CITY OF LAGUNA NIGUEL, COMMUNITY DEVELOPMENT DEPARTMENT Proposal, Community Development Department Services
Alan Palermo, PE, Hydrology/Civil Engineer:
• Has over 27 years of experience providing civil engineering and design services, including preparation of grading and utility plans, erosion control plans, and Water Quality documents (hydrology reports, SWPPPs, WQMPs, etc.).
• Has extensive experience providing civil engineering services to municipalities. • Served as City consultant, managing land development services including plan check and other related services.
• Duties will include review of hydrology/hydraulic reports, Water Quality Management Plans, SWPPPs, and utility plans for grading submittals that require these documents.
Greg Silver, PE. GE, President/CEO, Management Oversight:
• Has provided services to the City of Laguna Niguel for over: 27 years. • Currently provides management oversight and QA/QC for geotechnical reviews.
Provides geotechnical review for complex projects, high-profile projects, or projects with a long history within the City.
The GMU Advantage
GMU's team is uniquely positioned to provide Community Development Department services to the City of Laguna Niguel. Specific advantages of using GMU are:
• GMU currently provides geotechnical review services to Grading, Building, and Planning Departments and is known to Community Development Staff. • GMU has worked with current Community Development Department Staff for over 22 years.
• Given GMU's extensive history and experience within the City, we are intimately familiar with specific building/grading/entitlement-related problems and issues within the City. • Lisa Bates, who will manage these services, worked closely with the previous Grading Department Staff for over 15 years, and has detailed knowledge of the processes and plan checks performed by the Grading Department.
• GMU is prepared to coordinate with City Staff to streamline the Department's services, including transitioning to electronic submittals and inspection scheduling.
Fee Schedule
Our current fee schedule is attached.
April 17, 2023 4 GMU Proposal P-23109
Mr. John Morgan, CITY OF LAGUNA NIGUEL, COMMUNITY DEVELOPMENT DEPARTMENT Proposal, Community Development Department Services
We appreciate this opportunity to provide additional services to the City of Laguna Niguel. Should you have any questions regarding this proposal, please do not hesitate to contact us.
Respectfully submitted,
UBBA
Isa L. Bates, PG, CEG 2293
Associate Engineering Geologist
Gregory Silver, M.Sc., PE, GE 2336
President, Principal Geotechnical Engineer
Attached: 2023 Fee Schedule
April 17, 2023 5 GMU Proposal P-23109
GMU
ENGINEERS & GEOLOGISTS
2023 SCHEDULE OF CHARGES
City of Laguna Niguel 2023-2025
PROFESSIONAL SERVICES
Document Preparation and Project Services $ 105.00/hour 123.00/hou
$ 165.00/hou
$ 182.00/hour
$ 205.00/hour
$ 240.00/hour
Associate Engineer or Geologist $ 260.00/hour
Principal/Director $ 285.00/hour
FIELD INSPECTION & TESTING SERVICES
Staff Engineering Technician $ 105.00/hour*
Services provided under direct supervision of a Senior Engineering Technician Senior Engineering Technician $ 124.00/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) $ 124.00/hour* • Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.
Reinforced concrete, Post-Tension, Masonry, Welding, Bolting, Fireproofing Instrumentation Engineer $ 165.00/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) $ 165.00/hour • Blast vibration monitoring
• Construction vibration & noise monitoring (pile driving, drilling, demolition, etc.) *Notes:
CA Labor Code §1720, et seq. Add $ 32.00/hour
LABORATORY TESTING SERVICES
Laboratory Testing $ 133.00/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