CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: February 6, 2024
SUBJECT: Approval of Amendment No. 2 to the On-Call Professional Services Agreement with Derek J. McGregor, Inc. dba DMc Engineering, for the Annual Residential Overlay Program Fiscal Year 2023-24
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Amendment No. 2 to the On-Call Professional Services Agreement with Derek J. McGregor, Inc. dba DMc Engineering, to provide engineering design services for the Annual Residential Overlay Program Fiscal Year 2023-24 for a not-to-exceed amount of $60,200;
2. Approve a not-to-exceed 15% contingency of the total contract in the amount of $9,030 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 $69,230 if needed; and,
3. Authorize the City Manager to execute Amendment No. 2 to the On-Call Professional Services Agreement with Derek J. McGregor, Inc. dba DMc Engineering, subject to the City Attorney making non-substantive changes.
BACKGROUND
The City of Laguna Niguel is responsible for maintaining approximately 141 miles of streets, where approximately 104 miles are local streets and approximately 37 miles are arterials. In order to maintain City streets in good condition, the City Council adopted the Pavement Management Program, a work plan that identifies deficiencies and recommends projects to improve the Pavement Condition Index (PCI) of City streets, on June 1, 2021.
The Pavement Management Program includes annual residential overlay, annual arterial overlay, and biennial residential slurry seal. The goal of the program is to improve the citywide PCI year over year, ultimately bringing the citywide PCI up to 80 or greater.
Investing in the City's street system saves money because it costs less to maintain streets
in good condition than to repair those that have failed, satisfies Maintenance of Effort reporting requirements, and meets the needs of the community.
As part of the Pavement Management Program, the City has committed to completing asphalt overlay construction within residential neighborhoods on a routine basis. City staff is proposing to accomplish the engineering design of two residential neighborhoods for Fiscal Years 2023-24 and 2024-25 for schedule efficiency and cost savings. The Annual Residential Overlay Program Fiscal Years 2023-24 and 2024-25 will include the following streets located within the Niguel Summit and Charter Terrace neighborhoods: Calle Moraga, Calle Barbosa, Calle Malaga, Via Valle, Abington Court and North Hampton Road. These streets were selected because their average PCI is 61, which is poor condition, and they have a substantial number of failing pavement sections in need of extensive repairs. Bidding of this project is anticipated in fall 2024 with approval of our Capital Improvement Program (CIP). A vicinity map for the project is provided in Attachment "A".
The engineering design will include the following roadway improvements: pavement grinding and removal, asphalt pavement overlay, associated concrete improvements for the curb and gutter, sidewalks and access ramps, adjustment of surface utilities to final pavement grade, and roadway marking, striping and signage. Completion of the Annual Residential Overlay Program supports City Council Goal 4 (Infrastructure and Technology) of the City's adopted Strategic Plan.
ANALYSIS
Following City Council adoption of the Fiscal Year 2023-24 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 11 consultant firms on the City's On-Call Professional Services List.
In response to the RFP, four proposals were received. The proposals were evaluated based on the following four criteria: (1) Qualifications of Key Personnel; (2) 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 DMc Engineering (Recommended) $60,200
2 David Evans & Associates $79,984
3 Onward Engineering $78,420
4 Proactive Engineering Consultants $117,605
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 Derek J. McGregor, Inc. dba DM Engineering represents the best overall value to provide the requested services. Derek J. McGregor, Inc. dba DMc Engineering was selected for its highly qualified staff, methodology, extensive experience providing similar services, and cost.
Staff recommends that the City Council approve Amendment No. 2 to the On-Call Professional Services Agreement with Derek J. McGregor, Inc. dba DMc Engineering to provide engineering design services for the Annual Residential Overlay Program Fiscal Year 2023-24 for a not-to-exceed amount of $60,200 (Attachment "D"). In addition, Amendment No. 2 will include a not-to-exceed 15% contingency in the amount of $9,030 for unforeseen conditions or extra work for a total not-to-exceed amount of $69,230.
ALTERNATIVES CONSIDERED
1. The City Council may direct staff to reject all proposals and rebid the RFP for engineering design services for the Annual Residential Overlay Program Fiscal Year 2023-24. Staff believes that reissuing the RFP will not result in more desirable proposals.
2. The City Council may decide not to approve Amendment No. 2 to the On-Call Professional Services Agreement with Derek J. McGregor, Inc. aba DMc Engineering. This alternative is not recommended as the roadway infrastructure would remain in its current condition and would likely further deteriorate, until the project is completed at a future date.
FISCAL REVIEW
The Fiscal Year 2023-24 Capital Improvement Program includes sufficient funds for Amendment No. 2 to the On-Call Professional Services Agreement with Derek J.
McGregor, Inc. dba DMc Engineering.
LEGAL REVIEW
The City Attorney's Office has reviewed Amendment and has approved the document as to form.
CONCLUSION
Staff recommends that the City Council:
1. Approve Amendment No. 2 to the On-Call Professional Services Agreement with Derek J. McGregor, Inc. dba DMc Engineering, to provide engineering design services for the Annual Residential Overlay Program Fiscal Year 2023-24 Project for a not-to-exceed amount of $60,200;
2. Approve a not-to-exceed 15% contingency of the total contract in the amount of $9,030 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 $69,230 if needed; and,
3. Authorize the City Manager to execute Amendment No. 2 to the On-Call Professional Services Agreement with Derek J. McGregor, Inc. dba DMa Engineering, subject to the City Attorney making non-substantive changes.
Samara 8 Retruneau. Beers
Tamara S. Letournead
City Manager Publie Works Director/City Engineer
Marten
Harrison Martin
Senior Civil Engineer Assistant Engineer
Attachments:
A. Vicinity Map
B. RFP for Residential Overlay Program Fiscal Year 2023-24 Project C. Proposals Evaluation Summary
D. Amendment No. 2 to the On-Call Professional Services Agreement with Derek J. McGregor, Inc. dba DMc Engineering
ATTACHMENT A
Vicinity Map
Legend
- Potential Residential
Overlay Streets
Via Valle
Abington cl N. Hampton Rd
Pacific Island Drive
Calle Malaga Club House Drive
Crown Valley Parkway
Calle Barbosa Calle Moraga
Vicinity Map
Vicinity Map
Residential Overlay Program Fiscal Year 2023/2024
Proposed Streets
ATTACHMENT B
RFP for Residential Overlay Program
Fiscal Year 2023-24 Project
89 REQUEST FOR PROPOSALS
for
RESIDENTIAL OVERLAY PROGRAM FISCAL YEAR 2023/2024
Proposals must be received by:
Thursday, December 7, 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 "Residential Overlay Program Fiscal Year 2023/2024" project.
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 RFP will be made by written Addendum.
Milestone Date
RFP Issued October 26, 2023
Deadline for RFP Question November 9, 2023
City Response to Questions November 16, 2023
RFP Submittal ("RFP Due Date") December 7, 2023, 5:00 pm Tentative Award of Agreement January 16, 2024
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. Designs are to be completed prior to the end of Fiscal Year 2023/2024 (June 30, 2024).
1 PROJECT DESCRIPTION
As part of the pavement management program the City is committed to performing residential overlay projects on an annual basis. The project improvements will consist of asphalt roadway improvements and associated concrete improvements for curb and gutter, sidewalks and access ramps, adjustment of surface utilities to the final pavement grade, and roadway marking and striping. The potential streets seeking proposals for improvements are Calle Moraga, Calle Barbosa, Calle Malaga, Via Valle, North Hampton Road, and Abington Court (see Exhibit A). The City has discretion on selecting any combination of the streets as an add-alternate, when the project is ready to be advertised for construction.
SCOPE OF SERVICES
The project will include phases for site research, preliminary design, final design, deliverables, bid assistance, and construction support. Key areas are geotechnical investigation, surveying, and access ramps design. Other 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 January 2024.
2. Research & Review Available Data - Consultant will compile and review all related records and documents from the City, if available. Existing documentation research that will be reviewed include the County, City, utility, and other pertinent records and documents, existing street, signal, storm drain, gas, sewer, and water main improvement plans, traffic volume data, topographic data maps, geotechnical reports, environmental reports, 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.
2 3. Utility Research & Notification - Consultant will conduct a detailed local utility investigation to confirm the most recent contracts 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 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 and provided to all affected utility owners with the second utility notification letter. Consultant will ensure that the final design is compatible with all utilities to be installed, relocated, adjusted, or otherwise modified within the project area and a final utility notification letter containing the final construction plans will be sent to all affected utility owners. Consultant will meet with the affected utility owners throughout the development of the plans. 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.
4. Site Evaluation - Consultant will schedule a site inspection and evaluation.
Consultant will verify records drawings and data, evaluate pavement and concrete infrastructure conditions, identify proposed improvements and requirements for private property improvements, and inventory existing manholes, valves, pull boxes, survey monuments, roadway signage and existing pavement markings. Street level photographs should also be taken of key project areas.
5. Geotechnical Investigation - Consultant will conduct a geotechnical investigation of proposed streets which includes performing pavement corings within the streets identified. The core holes shall be backfilled with soil cuttings or other suitable backfill materials and capped with asphalt concrete cold patch.
6. Topographic Surveying - Consultant will perform a Field Topographic Survey of the project area.
7. ADA Access Ramps - Consultant will identify existing ramps and design ramps to be upgraded to ADA compliance.
3 B. Preliminary Design Phase
1. Base Sheets - Consultant will provide base sheets that are prepared through the compilation of the researched records, aerial photographs, topographic survey data (where available), 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 assess viable design alternatives.
Consultant will assess construction costs, utility locations, and impacts to residents and businesses associated with each design option and develop an accurate cost-benefit analysis. Three conceptual pavement treatment options will need to be provided to the City along with cost estimates and drawings in plan view.
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 90% completion. The consultant shall walk the site with city staff at the submittal of the 90% 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. Signing and Striping
ii. Cost Estimates - The construction cost estimate development will be a continuous process which begins at project inception and ends with desien completion. Consultant will provide an updated construction cost estimate at each submittal. Consultant will coordinate and conduct value engineering study/analysis for any proposed bike lane modifications.
4 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.
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. Complete PS&E - digital copy
ii. 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 (RFI's) iii. Review contractor submittals
iv. Prepare as-built drawings
F. Tentative Project Schedule
1. Notice to proceed (NTP) - estimated to be January 2024 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 - July 2024
6. Award construction contract - August 2024
7. Construction - September through November 2024
5 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.
The City estimates the engineering services for design to be $80,000.
THE PROPOSAL
A. Proposal Requirements
Respondent's Proposal shall clearly show proof of knowledge and experience of all tasks listed in the Scope of Services Section of this RFP. To achieve a uniform review process and obtain the maximum degree of comparability, proposals must be organized and contain all information as 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. 6 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.
C. Submittal Instructions
Consultant's proposal and any questions must be submitted via email to Harrison Martin, P.E., Senior Civil Engineer, at [email protected] before the due date noted earlier.
D. Attachments
Exhibit A: Location Map of Proposed Streets
7 Legend
Potential Residential
Overlay Streets
Via Valle
Abington Ct N. Hampton Rd
Pacific Island Drive
Calle Malaga Club House Drive
Crown Valley Parkway
Calle Barbosa Calle Moraga
Vicinity Map
Location Map
Residential Overlay Program Fiscal Year 2023/2024
Proposed Streets
ATTACHMENT C
Proposals Evaluation Summary
PROPOSALS EVALUATION
SUMMARY SHEET
RFP Title: Residential Overlay Program Fiscal Year 2023/2024 RFP Issue Date: October 26, 2023
RFP Due Date: December 7, 2023
Number of Proposals: 4
Evaluation Summary
Evaluation Evaluation
Consultant Name Ranking
Average
DMc Engineering 92 1
David Evans & Associates 89 2
Onward Engineering 84 3
Proactive Engineering Consultants 78 4
ATTACHMENT D
Amendment No. 2 to the On-Call Professional Services Agreement with Derek J. McGregor, Inc. dba DMc Engineering
AMENDMENT NO. 2 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
DEREK J. MCGREGOR, INC.
THIS AMENDMENT NO. 2 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES (Amendment No. 2") is made and entered into _ _by and between the CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and Derek J.
McGregor, Inc. dba DMc Engineering, a California 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 civil engineering design services ("Agreement"). The initial term of the Agreement terminates on June 30, 2026.
Program Fiscal Year 20239202 Civil froger des th Cronies for the Rani tential Onay the Agreement.
onsultant submitted a written project proposal for the specific services requeste bove ("Project Proposal") pursuant to the terms of the Agreemen 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-2.
6. City and Consultant now desire to enter into Amendment No. 2 to the Agreement for the performance by Consultant of the requested services for the Project.
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 No. 2 shall become effective as of the date stated above and, unless earlier terminated in accordance with Article 7 of the Agreement, shall continue in effect until the services described in the Project Proposal is completed.
Consultant Project Proposal. The Project Proposal from Consultant, for this Amendment No. 2, 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 Proposal, and the Agreement or this Amendment No. 2, the terms of the Agreement or this Amendment No. 2, respectively, shall govern. No other terms and conditions from the Project Proposal, other than - 1-
description of scope of services or work, shall apply to this Amendment No. 2 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 No. 2, Consultant shall provide on an as-needed basis those services specified in the "Scope of Services" attached hereto as Exhibit A-2 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 No. 2, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit B-2 and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B-2, and any other provisions of this Amendment No. 2 or the Agreement, the provisions of Exhibit B-2 shall govern.
Project Compensation and Contract Sum. Subject to any limitations set forth in the Agreement and this Amendment No. 2, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit C-2 and incorporated herein by this reference. The total compensation (excluding the Contingency Sum), including reimbursement for actual expenses, shall not exceed Sixty Thousand Two Hundred Dollars ($60,200) ("'Compensation Sum"). This Amendment No. 2 includes a contingency amount equal to 15 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-Nine Thousand Two Hundred Thirty Dollars ($69,230) ("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- 2 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.
6. Project Schedule of Performance. Consultant shall commence as-needed services pursuant to this Amendment No. 2 upon receipt of a written notice to proceed pursuant to Exhibit A-2 and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit D-2 and incorporated herein by this reference (and as applicable the "Schedule of Performance" attached as Exhibit D to the Agreement).
Prior Amendments to Agreement. Prior amendments to the Agreement, if any, are itemized in "Prior Amendments to Agreement," attached hereto as Exhibit E-2 and incorporated herein by this reference.
Consultant Representative for Project. The Consultant Representative for the work or services under this Amendment No. 2 is Derek McGregor, President, 949-753-9393, [email protected], who is authorized to act on Consultant's behalf with respect to the work -2-
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 No. 2 to the Agreement. Therefore, the representative shall be responsible during the term of this Amendment No. 2 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.
9. Continuing Effect of the Agreement. Except as amended by this Amendment No. 2 and Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 2.
10. 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 they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
Authority. The persons executing this Amendment No. 2 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 No. 2 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 No. 2 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 No. 2 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:
Derek J. McGregor, Inc. dba DMc Engineering,
a California 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-2
SCOPE OF SERVICES
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.
Il. Consultant will perform services described in the Project Proposal.
A-2(1)
EXHIBIT B-2
SPECIAL REQUIREMENTS
(Superseding Template)
NOT APPLICABLE
B-2(1)
EXHIBIT C-2
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 No. 2 shall not exceed the total of the Contract Sum, as provided in Section 5 of this Amendment No. 2.
III.
Conzulan i becomesad for service ovided parent to di mentimen with description in the Project Proposal.
C-2(1)
EXHIBIT D-2
SCHEDULE OF PERFORMANCE
Consultant shall perform all services and deliver all work products timely in accordance with the schedule described in the Project Proposal.
D-2(1)
EXHIBIT E-2
PRIOR AMENDMENTS TO AGREEMENT
1. Amendment No. 1 to Agreement, executed on July 1, 2023, provides Private Development Plan Checking services on an as-needed multiyear basis from Consultant to City for a not-to-exceed Sum (or Aggregate Contract Sum) of $330,000.
E-2(1)