CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: September 19, 2023
SUBJECT: Approval of Amendment No. 3 to the On-Call Professional Services Agreement with Ardurra Group, Inc. for the Golden Lantern Median Modifications at Serenity Lane Project
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Amendment No. 3 to the On-Call Professional Services Agreement with Ardurra Group, Inc. to provide engineering design services for the Golden Lantern Median Modifications at Serenity Lane Project for a not-to-exceed amount of $54,820;
2. Approve a not-to-exceed 10% contingency of the total contract in the amount of $5,482 for unforeseen conditions or extra work and authorize the Public Works Director/City Engineer to approve additional work for a total not-to-exceed amount of $60,302 if needed; and,
3. Authorize the City Manager to execute Amendment No. 3 to the On-Call Professional Services Agreement with Ardurra Group, Inc., subject to the City Attorney making non-substantive changes.
BACKGROUND
In 2022, the Public Works Department conducted a traffic study for the intersection of Golden Lantern and Serenity Lane in response to a resident request for traffic improvements at the intersection. Golden Lantern and Serenity Lane is a two-way stop- controlled intersection with stop signs for the Seaside Apartments and Sea Breeze neighborhood. The traffic study identified improvements to enhance visibility at the intersection and manage speeds along Golden Lantern. The City has already implemented several near-term improvements such as installing additional warning signs, speed limit pavement legends and trimming overgrown landscape. A long-term improvement identified in the traffic study was a modification of the north and south leg medians, which consists of shifting the medians by 5 feet and widening the left-turn buffer
zone. The median modifications will improve the sight distance for northbound and southbound left-turn movements.
In June 2023, the City Council adopted the Fiscal Year 2023-24 Capital Improvement Program (CIP) budget which included the Golden Lantern Median Modifications at Serenity Lane Project. Design plans and specifications are now required as a next step to implementing the recommended sight distance improvement at Golden Lantern and Serenity Lane. A vicinity map for the project is provided in Attachment "A". Completion of the Golden Lantern Median Modifications at Serenity Lane Project supports City Council Goal 4 (Infrastructure and Technology) of the City's adopted Strategic Plan.
ANALYSIS
Following City Council adoption of the CIP budget in June 2023, staff issued a Request for Proposals (RFP) to identify the most qualified consultant to provide engineering design, prepare plans and specifications, and provide construction support services (Attachment "B"). The RFP was sent to 10 consultant firms on the City's On-Call Professional Services List.
In response to the RFP, five proposals were received. The proposals were evaluated based on the following four criteria: (1) Qualifications of Key Personnel; (<) Project Approach; (3) Experience; and (4) Cost. The Proposals Evaluation Summary can be found as Attachment "C". The table below displays the consultant firm, evaluation ranking, and costs for all received proposals.
Rank Consultant Proposed Cost
1 Ardurra Group, Inc. (Recommended) $54,820
2 Proactive Engineering Consultants $75,320
3 David Evans & Associates $89,893
4 Kimley Horn & Associates $94,923
5 Stantec $116,369
Pursuant to Laguna Niguel Municipal Code Section 3-6-8, professional services contracts shall be awarded on the basis of the demonstrated competence of the service providers, and on the service provider's professional qualifications necessary for the satisfactory performance of the services required, and on the fairness and reasonableness of the cost of the services to the City, and shall not be awarded solely on the basis of cost.
After a thorough review of the proposals received and based on all relevant factors, staff believes that Ardurra Group, Inc. represents the best overall value to provide the requested services to the City. Ardurra Group, Inc. was selected for its highly qualified staff, methodology, extensive experience providing similar services, and cost.
Staff recommends that the City Council approve Amendment No. 3 to the On-Call Professional Services Agreement with Ardurra Group, Inc. to provide engineering design services for the Golden Lantern Median Modifications at Serenity Lane Project for a not- to-exceed amount of $54,820 (Attachment "D"). In addition, Amendment No. 3 will include a not-to-exceed 10% contingency in the amount of $5,482 for unforeseen conditions or extra work for a total not-to-exceed amount of $60,302.
ALTERNATIVES CONSIDERED
1. The City Council may direct staff to reject all proposals and rebid the RFP for engineering design services for the Golden Lantern Median Modifications at Serenity Lane Project. Staff believes that reissuing the RFP will not result in more desirable proposals.
2. The City Council may decide not to approve Amendment No. 3 to the On-Call Professional Services Agreement with Ardurra Group, Inc. This alternative is not recommended as the roadway infrastructure would remain in its current condition, until the project is completed at a future date.
FISCAL REVIEW
neFimen No. 200 the Cal Professional Series Agrees it era cos tor Inc.
LEGAL REVIEW
The City Attorney's Office has reviewed Amendment No. 3 to the On-Call Professional Services Agreement with Ardurra Group, Inc. and has approved the document as to form.
CONCLUSION
Staff recommends that the City Council:
1. Approve Amendment No. 3 to the On-Call Professional Services Agreement with Ardurra Group, Inc. to provide engineering design services for the Golden Lantern Median Modifications at Serenity Lane Project for a not-to-exceed amount of $54,820;
2. Approve a not-to-exceed 10% contingency of the total contract in the amount of $5,482 for unforeseen conditions or extra work and authorize the Public Works Director/City Engineer to approve additional work for a total not-to-exceed amount of $60,302 if needed; and,
3. Authorize the City Manager to execute Amendment No. 3 to the On-Call Professional Services Agreement with Ardurra Group, Inc., subject to the City Attorney making non-substantive changes.
Jamas l8 betran Saurs
Tamara S. Letourneau
City Manager Public Works Director/City Engineer
At Martin
Harrison Martin
Senior Civil Engineer
Attachments:
A. Vicinity Map
B. RFP for Golden Lantern Median Modifications at Serenity Lane Project C. Proposal Evaluations Summary
D. Amendment No. 3 to the On-Call Professional Services Agreement with Ardurra Group, Inc.
ATTACHMENT A
Vicinity Map
LEGEND Pacific
Park Dr
Project Area
Cabot Rd
Alicia Pkwy Moulton PKW
La Paz Rd
Highlands Ave.
Crown Valley PKWY-
. Marina
Flying Cloud Niguel
py
Golden Lantern
Camino Del Avion
Golden Lantern Median Modifications Project
Vicinity Map
ATTACHMENT B
RFP for Golden Lantern Median Modifications
at Serenity Lane Project
1989
REQUEST FOR PROPOSALS
for
GOLDEN LANTERN MEDIAN MODIFICATIONS
AT SERENITY LANE
Proposals must be received by:
Friday, July 21, 2023
at 5:00 P.M.
The City of Laguna Niguel, Public Works Department is requesting proposals from qualified consultants to provide design engineering services for the "Golden Lantern Median Modifications at Serenity Lane" The following is the anticipated Request for Proposals (RFP) schedule. The City reserves the right to make changes to the below schedule for selection and award of the Agreement. Any and all changes in this REP will be made by written Addendum.
Milestone Date
RFP Issued June 16, 2023
Deadline for RFP Question July 7, 2023
City Response to Questions July 14, 2023
RFP Submittal ("RFP Due Date") July 21, 2023, 5:00 pm
Award of Agreement September 19, 2023
The City invites consultants currently on the City's On-call list to provide professional engineering services to submit written proposals for design services for the Project. Should an award of contract be made, the selected consultant will enter into an Amendment to its On-call Professional Engineering Services Agreement with the City to provide the proposed services. 1 PROJECT DESCRIPTION
Golden Lantern is a major arterial running north-south in the City of Laguna Niguel. The City would like to improve the site distance of northbound and southbound left-turn movements into Serenity Lane by modifying the existing landscape median on Golden Lantern. The proposed improvements include demolishing a portion of the existing median, modifying the median, installing striping and signage, and relocating streetlights (see Exhibit A). The preliminary construction estimate is $295,000 (See Exhibit B).
SCOPE OF SERVICES
The project will include phases for site research, preliminary design, final design, deliverables, bid assistance, and construction support. Typical duties the consultant shall perform include, but are not limited to, the following:
A. Site Research Phase
1. Kick-off Meeting - Consultant will schedule a design kick-off meeting with City staff to discuss the scope of work, objectives, design criteria, technical requirements, and project schedule. Additionally, throughout the development of the plans monthly meetings will be conducted by the consultant. The consultant will schedule these meetings and provide meeting minutes for all participants. The consultant should expect to hold the kickoff meeting after awarding of agreement in September 2023.
2. Research & Review Available Data - Consultant will compile and review all related records and documents from the City, if available. Existing documentation that could be available includes the County, City, utility, and other pertinent records and documents, topographic data maps, record drawings, street and utility plans, survey centerline and private property monument data, and other important information. If this documentation is not available, the consultant shall follow the procedures necessary to assure a proper professional design. All records will be compiled and returned to the City upon project completion. The consultant will conduct an existing records research in the area and all design work will be coordinated with the affected utilities.
3. Utility Research & Notification - Consultant will conduct a detailed local utility investigation to confirm the most recent contacts for all affected utilities and cross-reference the findings with any information provided by the City. Each company will be initially contacted to inform them of the upcoming project and request information pertaining to their utilities such as verification of the sizes, depths, and locations of their underground lines, facilities, and 2 substructures within the project vicinity. Once the requested information is received from the utility owners, the consultant will cross-check the plotted locations with field review information to ensure the existing utility lines are shown in their proper locations. The compiled information will be integrated into the 60% construction plans. Consultant will ensure the final design is compatible with all utilities to be installed, relocated, adjusted, or otherwise modified within the project area. If it is determined upon completing the design for the project that the utility research data gathered is not sufficient to accurately determine the locations of the utilities or there is a concern that conflicts may exist that require field verification, the recommendation will be made for utility potholing to be conducted prior to construction. Consultant will be responsible for leading the utility coordination.
4. Site Evaluation - Consultant will schedule a site inspection and project evaluation. Consultant will verify records drawings and data, evaluate the physical condition of the existing median and confirm limits of modifications.
These recommended limits will be reviewed and approved by the City prior to the consultant proceeding with the next phase of the project. Photographs should also be taken of key project areas to document existing conditions. The overall limits of the project will be referenced in Exhibit A, Proposed Improvements.
5. Topographic Survey - Consultant will perform a field topographic survey of the project area to be used as a base map for the project.
B. Preliminary Design Phase
1. Base Sheets - Consultant will provide base sheets that are prepared through the compilation of the researched records, topographic survey data, site visit findings, and underground utility line records obtained from as-built plans from utility companies. All plans shall be developed at 1" = 40' scale using the latest AutoCAD Civil 3D software and drafted using conventional line style and text annotation stored as a separate layer.
2. Preliminary Design - Consultant will provide CAD drawings showing the design of the proposed improvements. Final consultant recommendations will be presented to the City for approval prior to proceeding with the Final Design Phase.
3 C. Final Design Phase
60% & 90% PS&E - Once the limits of proposed improvements have been determined and approved by the City, the consultant will begin the preparation of the PS&E to make submissions at 60% and 90% completion.
The consultant shall walk the site with city staff at the submittal of the 60% PS&E stage, to confirm the specific design concepts of the project. i. Plans - Consultant will populate the plan set with the necessary information and submit the plans for city review and approval. The plans will be drafted using the City's standard title block, notes, formatting and conventional line styles. Traffic Control Plans and Construction Staging Plans will be provided by the Contractor and a statement to this effect will be included in the Specifications. All plans should be developed using the latest AutoCAD and Civil 3D software.
Plans may include the following sheets:
1. Title
2. Demolition
3. Street Improvements
4. Irrigation and Landscaping
5. Signing and Striping
6. Electrical
ii. Cost Estimates - The construction cost estimate development will be a continuous process which begins at project inception and ends with design completion. Consultant will provide an updated construction cost estimate at each submittal. Consultant will coordinate and conduct value engineering study/analysis for any proposed median improvements.
ili. Specifications - Consultant will draft the specifications package utilizing a boilerplate template provided by the City. The specifications will need to list all necessary contacts and will delineate all items needing relocation by the Contractor. If specific details or photographs are required in the specifications, they will need to be included as well. iv. Submittals - Consultant will submit electronic copies of the contract documents to the City for review and feedback. Consultant will coordinate a Plan Check Meeting and field walk-through (as necessary) with the City for each submittal following the distribution of electronic copies. Consultant will also prepare a summary of the submittal review comments and scanned red-lined plans in electronic format. 4 D. Deliverables
100% PS&E - Consultant will incorporate the plan check comments submitted by the City into the 100% PS&E Submittal. The 100% plans and specifications shall be stamped and signed by a licensed civil engineer. Consultant will then provide the following items:
i. 100% Stamped Plans - hard copy
ii. 100% Stamped Specifications - hard copy
Final construction cost estimate - hard copy
iv. Complete PS&E - digital copy
v. AutoCAD & PDF design files - digital copy
E. Bid Assistance & Construction Support Phase
Consultant will provide the following ongoing support services during the bid and construction phases:
i. Attend pre-construction meeting
ii. Respond to contractor's Requests for Information (RFl's) ili. Review contractor submittals
iv. Prepare as-built drawings
F. Project Schedule
1. Notice to proceed (NTP) - estimated to be September 20, 2023 (FY 2023-24)
2. Preliminary design - 30 days after NTP
3. 90% PSE - 45 days after NTP
4. 100% PSE - 60 days after NTP
5. Advertise and bid project (60 days) - April 2023
6. Award construction contract - July 2024 (FY 2024-25)
7. Construction - August through October 2024
COMPENSATION
Compensation will be made according to the fees and schedule contained in the Respondent's Proposal and is subject to a Maximum Contract Amount as agreed upon by Respondent and the City. Compensation shall use the hourly rate sheet that is currently in the On-Call Professional Engineering Services Agreement, effective July 1, 2023.
Respondent must also state that rates are guaranteed for the term of the agreement. Other direct costs, intended to be charged to the City, need to be stated. The City will not be providing vehicles, laptops, or cell phones to perform the scope of services. The equipment needed to perform the services shall be included in the proposal. No markups will be allowed for other direct costs and sub-consultant work. Mileage will not be compensated. 5 THE PROPOSAL
A. Proposal Requirements
Respondent's Proposal shall clearly show proof of knowledge and experience of all tasks listed in maximum dege of comparabity proposal must ve organize renter priest andrain the specified below:
1. Letter of Transmittal
Identify Respondent's legal name and contact information, including corporate office and local office address, telephone number, fax number, website address, and e-mail address.
Summarize key elements of the proposal. The letter must stipulate that the cost proposal will remain valid for a period of at least 90 days. The letter shall be signed by an individual or individuals authorized to execute the legal documents on behalf of the Respondent.
2. Key Personnel
Identify the name and specific qualifications, experience, availability, and appropriate licenses held, if applicable, of the staff member to be assigned to the project. Include any subconsultants which Respondent proposes to use for any portion of the services.
Respondent shall also identify a project manager contact (Representative authorized to sign an agreement for your firm). The selected Respondent may only change the project manager contact, staff, and specialists with prior written permission of the City.
3. Project Approach
Provide a detailed scope of services which reflects the Scope of Services described in this RFP. Additional information which, in your opinion, should be included must be clearly identified.
4. Cost Proposal
The cost proposal shall use the hourly rate sheet that is currently in the On-Call Professional Engineering Services Agreement for the staff and subconsultants proposed for this project. The cost proposal should be broken down in the project phases listed previously. The cost proposal should be broken down by task, proposed staff, hours, hourly rate, and cost per task.
B. Proposal Formatting Requirements
Proposals shall be submitted in a single, PDF formatted electronic document. Provide brief, concise, relevant information that best responds to this RFP. Emphasis should be placed on the proposal requirements listed above. Proposals should be limited to 3-6 pages not including any attached exhibits.
6 C. Submittal Instructions
Consultant's proposal and any questions must be submitted via email to Harrison Martin, P.E., Consultant, at [email protected] before the due date noted earlier.
D. Attachments
Exhibit A: Proposed Improvements
Exhibit B: Preliminary Construction Cost Estimate
7 Golden Lantern/Serenity Lane
Recommended Improvements
INSTALL 50. MPH
SPEED LIMIT
MARKINGS
INSTALL SW4-1 (CA)
SIGN AND POST
TRIM LANDSCAPING
GOLDEN LANTERN
•TRIM LANDSCAPING
INSTALL W2-1
SIGN AND POST
(50
SHIFT MEDIAN BY 5 MPH) - INSTALL
FEET AND EXTEND STREET
LEFT TURN BUFFER LIGHT
(FUTURE IMPROVEMENT)
INSTALL R10-7 SERENITY LANE (25 MPH)
SIGN AND POST
NARROW MEDIAN BY 5
FEET AND ADD LEFT
TRIM LANDSCAPING E
TURN BUFFER
- (FUTURE IMPROVEMENT)
SIGN LEGEND
GRAPHIC SCALE
150 300
DO NOT
WATCH
DOWNHILL BLOCK
(IN FEET ) SPEED
ft. INTERSECTION
1 inch = 150
SW4-1 (CA) W2-1 R10-7
Exhibit A - Proposed Improvements
Exhibit B
Preliminary Construction Cost Estimate
Golden Lantern Median Modification
ITEM ESTIMATED UNIT ITEM
DESCRIPTION UNIT QUANTITY COST COST
NUMBER
1 Mobilization LS 1 $10,000 $10,000
2 Erosion (Water Pollution) Control LS 1 $10,000 $10,000 3 Traffic Control 1 $10,000 $10,000
4 Remove AC Pavement and Base SF 1100 $7 $7,700
5 Sawcut LF 1080 $15 $16,200
6 6" AC Pavement Ton 100 $300 $30,000
7 AC Base SF 1080 $10 $10,800
8 concrete Curb LF 1080 $20 $21,600
9 landscape rocks SF 5607 $15 $84,100
10 Striping Removal SQ 360 $6 $2,200
11 Striping (White 6" Solid) LF 600 $7 $4,200
12 Striping (Turn Arrows) EA 3 $60 $200
13 Street light relocation EA 2 $10,000 $20,000
Subtotal: $227,000
30% Contingency $68,100
Total: $295,100
ATTACHMENT C
Proposals Evaluation Summary
PROPOSALS EVALUATION
SUMMARY SHEET
RFP Title: Golden Lantern Median Modifications
RFP Issue Date: June 16, 2023
RFP Due Date: July 21, 2023
Number of Bidders: 5
Evaluation Summary
Evaluation Evaluation
Consultant Name
Average Ranking
Ardurra Group, Inc. 86 1
David Evans & Associates 85 2
Kimley Horn 85 3
Proactive Engineering Consultants 82 4
Stantec 81 5
ATTACHMENT D
Amendment No. 3 to the On-Call Professional Services
Agreement with Ardurra Group, Inc.
AMENDMENT NO. 3 TO AGREEMENT
FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
ARDURRA GROUP, INC.
FOR MULTIYEAR PROFESSIONAL SERVICES
(AMENDMENT PROVIDE FOR ONE SERVICE TIME PERIOD)
THIS AMENDMENT NO. 3 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES ("Amendment") is made and entered into
by and between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and Ardurra Group, Inc., a Florida Corporation ("Consultant"). City and Consultant may be referred to individually as "Party" or collectively as "Parties."
RECITALS
1. City and Consultant entered into an on-call professional services agreement on July 1, 2023 to provide on-call professional services ("Agreement"). The initial term of the Agreement terminates on June 30, 2026.
City has requested Civil Engineering Design services from the Consultant pursuant to the terms of the Agreement.
Consultant submitted a written project proposal for the above requested services (Project Proposal") pursuant to the terms of the Agreement.
4. Consultant has the qualifications and experience to render the requested services.
5. City and Consultant have entered into amendments) to the Agreement as detailed in "Prior Amendments to Agreement" attached hereto as Exhibit E-3.
6. City and Consultant now desire to enter into Amendment No. 3 to the Agreement for the performance by Consultant of the requested services for City.
AGREEMENT
In consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
1. Project Term. This Amendment shall become effective as of the date stated above and, unless earlier terminated in accordance with Article 7 of the Agreement, shall continue in full force and effect until June 30, 2024.
Consultant Project Proposal. The Project Proposal from Consultant, for this Amendment to the Agreement, shall be incorporated herein by this reference as though fully set forth herein. The Scope of Services shall include the scope of services or work included in the Project Proposal. In the event of any inconsistency or any conflict between the terms of the Project -1-
Proposal, and the Agreement or this Amendment, the terms of the Agreement or this Amendment, respectively, shall govern. No other terms and conditions from the Project Proposal, other than description of scope of services or work, shall apply to this Amendment or the Agreement, unless specifically agreed to by City in writing.
3. Project Scope of Services. In compliance with all terms and conditions of the Agreement and this Amendment, Consultant shall provide on an as-needed basis those services specified in the "Scope of Services" attached hereto as Exhibit A-3 and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder.
4. Project Special Requirements. Additional terms and conditions of this Amendment, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit B-3 and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B-3, and any other provisions of this Amendment or the Agreement, the provisions of Exhibit B-3 shall govern.
5. Project Compensation and Contract Sum. Subject to any limitations set forth in the Agreement and this Amendment, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit C-3 and incorporated herein by this reference. The total compensation (excluding the Contingency Sum), including reimbursement for actual expenses, shall not exceed Fifty Four Thousand Eight Hundred Twenty Dollars ($54,820) ("Compensation Sum"). This Amendment includes a contingency amount equal to 10 percent of the Compensation Sum ("Contingency Sum") to account solely for additional work, or unforeseen conditions, related to the services. The total compensation (including the Contingency Sum), including reimbursement for actual expenses, shall not exceed Sixty-Thousand Three Hundred Two Dollars ($60,302) ("Contract Sum"), unless additional compensation is approved pursuant to Section 1.5 of the Agreement. The Consultant shall obtain written approval from the City for any use of the Contingency Sum. Compensation may include reimbursement, for actual and necessary expenditures, if both specified in either the Schedule of Compensation (Exhibit C-3 to this Amendment) or the Schedule of On-Call Compensation (Exhibit C to the Agreement), as well as approved by City in advance. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services, Consultant shall promptly notify the City Representative of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.
Project Schedule of Performance. Consultant shall commence as-needed services pursuant to this Amendment upon receipt of a written notice to proceed pursuant to Exhibit A-3 and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit D-3 and incorporated herein by this reference (and as applicable the "Schedule of Performance" attached as Exhibit D to the Agreement).
7. Prior Amendments to Agreement. Prior amendments to the Agreement, if any, are itemized in "Prior Amendments to Agreement," attached hereto as Exhibit E-3 and incorporated herein by this reference.
-2-
Consultant Representative for Project. The Consultant Representative for the work or services under this Amendment is Lisa Penna, Regional Director, 949-922-2800, [email protected], who is authorized to act on Consultant's behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Amendment to the Agreement. Therefore, the representative shall be responsible during the term of this Amendment for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. For purposes of this Amendment, the representative may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City.
Continuing Effect of the Agreement. Except as amended by this Amendment No. 3 [and Amendment Nos. 1 through 2], all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 3 [and Amendment Nos. 1 through 2].
Affirmation of the Agreement. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each Party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
11. Adequate Consideration. The Parties hereto irrevocably stipulate and agree that Yearn tac have und alep and d his dame comederation for the performance of the obligations they have undertaken pursuant to this Amendment.
Authority. The persons executing this Amendment on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said Party, (iii) by so executing this Amendment, such Party is formally bound to the provisions of this Amendment, and (iv) entering into this Amendment does not violate any provision of any other agreement to which said Party is bound. [SIGNATURES ON FOLLOWING PAGE]
-3-
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the date and year first-above written.
CITY:
CITY OF LAGUNA NIGUEL, a California
municipal corporation
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:
Scott C. Smith, City Attorney
CONSULTANT:
Ardurra Group, Inc., a Florida Corporation
By:
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairperson of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313.) APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
-4-
EXHIBIT A-3
SCOPE OF SERVICES
I. All work product is subject to review and acceptance by City, and must be revised by Consultant without additional charge to City until found satisfactory and accepted by City.
II. Consultant will perform services described in the Project Proposal.
A-3(1)
EXHIBIT B-3
SPECIAL REQUIREMENTS
(Superseding Amendment Template)
NOT APPLICABLE
B-3(1)
EXHIBIT C-3
SCHEDULE OF COMPENSATION
I. City will compensate Consultant for the services performed upon submission of a valid invoice, as described in Section 2.2 of the Agreement.
II. The total compensation for the services provided pursuant to this Amendment shall not exceed the total of the Contract Sum, as provided in Section 5 of this Amendment.
II. Consultant will be compensated for services provided pursuant to this Amendment pursuant to the fees and rates in Exhibit C of the Agreement and in accordance with description in the Project Proposal.
C-3(1)
EXHIBIT D-3
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services and deliver all work products timely in accordance with the schedule described in the Project Proposal.
D-3(1)
EXHIBIT E-3
PRIOR AMENDMENTS TO AGREEMENT
Amendment No. 1 to Agreement, executed on July 1, 2023, provides Project and Program Management services from Consultant to City for a not-to-exceed Contract Sum (or Aggregate Contract Sum) of $330,000.
2. Amendment No. 2 to Agreement, executed on July 1, 2023, provides Construction Management and Inspection services from Consultant to City for a not-to-exceed Contract Sum (or Aggregate Contract Sum) of $330,000.
E-3(1)