20240220_10_On Call Professional Services Agreement — Laguna Niguel City Council, February 20, 2024

CITY OF LAGUNA NIGUEL

CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: February 20, 2024
SUBJECT: Approval of Multi-Year Professional Services Agreement Amendments for On-Call Professional Services in Support of Public Works Department Functions

RECOMMENDATION
Staff recommends that the City Council:

1. Approve Multi-Year Professional Services Agreement Amendments for On-Call Professional Services, subject to extension administratively for two additional one- year periods, with the following firms (listed alphabetically):
• AGA Engineers, Inc.
• Ardurra Group, Inc.
• Interwest Consulting Group, Inc.
• Iteris, Inc.
• Mark Thomas & Company, Inc.

Ninyo & Moore Geotechnical & Environmental Sciences Consultants • Wolfe Engineering and Design, Inc.

2. Authorize the City Manager to execute the Multi-Year On-Call Professional Services Agreement Amendments, and future amendments to the agreements, subject to the City Attorney making non-substantive changes.

BACKGROUND
The on-call prequalified list of professional engineering firms was approved by the City Council on April 18, 2023, and includes over 40 firms that have provided vital expertise and assistance to the Public Works Department throughout the past year. The work of these firms has been essential and continues to be crucial to meeting Capital Improvement Project timelines and accomplishing the City Council's Strategic Plan goals.

Examples of key programs that the assistance of the on-call firms were vital in delivering on-time and on-budget include:
• Electric Vehicle Charging Stations Installation
• Chapparosa Soccer Field Synthetic Turf Replacement
• La Paz Road Earth Movement Long Term Phase II design
• Marina Hill Park Improvements Design

Page 2 ends

• $25 Million in Competitive Grant Funding (including La Paz Road Mobility Enhancements and Permanent Repair)
• Local Roadway Safety Plan and Update
• Laguna Niguel Free Summer Trolley Program
Since April 2023, staff has identified additional professional services support needed to complete high profile projects and work programs, including construction support services, program management, grant implementation assistance, and public outreach.

ANALYSIS
The term for each multiyear amendment is 2023/2024 to 2026, including two optional one-year administrative extensions based upon the firm's performance. The annual not- to-exceed (NTE) agreement values, including a 10% contingency for unforeseen additional work, are based upon potential workflow during the term. Each NTE value is summarized in the table below.

Multi-Year Aggregate
Name of Firm
Annual NTE Value
Traffic Engineering Services
• AGA Engineers, Inc. $110,000
• Iteris, Inc. $110,000
Project and Program Management Services
• Ardurra Group, Inc. $290,000
• Interwest Consulting Group, Inc. $150,000
Construction Management and Inspection Services
• Interwest Consulting Group, Inc. $150,000
• Wolfe Engineering & Design, Inc. $175,000
Geotechnical Engineering Services
• Ninyo & Moore Geotechnical & Environmental $75,000
Sciences Consultants
Graphic Design, Marketing, Photography and Videography
• Mark Thomas & Company, Inc. $165,000
Overall, entering into these Multi-Year Amendments will result in the streamlined delivery of the Public Works Department's functions and projects.

Additionally, throughout the term of the Multi-Year Professional Services Agreements, Public Works staff is able to request from any number of the prequalified firms a detailed project or task proposal in accordance with the rates approved in that Agreement. An Amendment to the Multi-Year Professional Services Agreement would then be executed in accordance with the City's Purchasing Policy for the recommended firm's services on that project or program.

Page 3 ends

ALTERNATIVES CONSIDERED
The City Council may decide not to approve one or more of the Multi-Year On-Call Professional Services Amendments. This alternative is not recommended as it would significantly impact delivery of related services and potentially delay completion of projects including numerous Capital Improvement Projects and City Strategic Plan priorities.

Planned services vital to the community include, La Paz Road Traffic Improvements and Permanent Repair grant administration and construction support, public outreach necessary for the successful execution of the Active Transportation Plan and delivery of the City's approved Capital Improvement Program all rely on the City's use of approved Multi-Year On-Call Professional Services Amendments for professional services.

FISCAL REVIEW
There is no immediate fiscal Impact for approving the multi-year amendments to the On- Call Professional Services Agreements. The Fiscal Year 2024-25 Public Works Department operating and Capital Improvement Program budgets will request funding for the recommended amendments. Subject to City Council approval, funding for professional services will be budgeted in subsequent fiscal years.

LEGAL REVIEW
The City Attorney's Office has reviewed the Multi-Year On-Call Professional Services Amendments and has approved the documents as to form.

CONCLUSION
Staff recommends that the City Council:

Jamara Setonsian
Tamara S. Letourneau
City Manager Public Works Director/City Engineer
Kiterett
Kelli Everet
Senior Management Analyst

Page 4 ends

Attachments:

A. Amendment No. 2 to On-Call Professional Services Agreement with AGA Engineers, Inc.

B. Amendment No. 4 to On-Call Professional Services Agreement with Ardurra Group, Inc.

C. Amendment No. 5 to On-Call Professional Services Agreement with Interwest Consulting Group, Inc.

D. Amendment No. 6 to On-Call Professional Services Agreement with Interwest Consulting Group, Inc.

E. Amendment No. 1 to On-Call Professional Services Agreement with Iteris, Inc.

F. Amendment No. 7 to On-Call Professional Services Agreement with Mark Thomas & Company, Inc.

G. Amendment No. 3 to On-Call Professional Services Agreement with Ninyo & Moore Geotechnical & Environmental Sciences Consultants H. Amendment No. 3 to On-Call Professional Services Agreement with Wolfe Engineering & Design, Inc.

ATTACHMENT A
Amendment No. 2 to On-Call Professional Services Agreement with AGA Engineers, Inc.

AMENDMENT NO. 2 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES

BETWEEN CITY OF LAGUNA NIGUEL AND
AGA ENGINEERS, INC.

FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 2 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES ("Amendment") is made and entered into February 20, 2024_ by and between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and AGA Engineers, Inc., 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 services ("Agreement"). The initial term of the Agreement terminates on June 30, 2026.

City has requested Traffic Engineering services on an as-needed multiyear basis from the Consultant pursuant to the terms of the Agreement.

3. Consultant submitted a written statement of qualifications for the above requested services ("Project Proposal") pursuant to the terms of the Agreement.

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. for the performanty nd Consultant the desirested sterines for end. City and Consultant now desire to enter into Amendment No. 2 to the Agreement

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, 2026. The term of this Amendment may be extended administratively (with total cumulative extension no greater than two years), by the City pursuant to Section 9.4 of the Agreement and without the need for further approval by the City Council, if the Consultant's performance is satisfactory and it is in the best interest of the City.

2. 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 -1-
Project Proposal. In the event of any inconsistency or any conflict between the terms of the Project 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-2 and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder.

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-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 or the Agreement, the provisions of Exhibit B-2 shall govern.

5. Project Compensation and Aggregate Contract Sums. 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-2 and incorporated herein by this reference. The total compensation for each of the respective Services Time Periods listed in Exhibit C-2 (including Contingency Sum(s), if any), including reimbursement for actual expenses, shall not exceed each Services Time Period's respective Contract Sum listed in Exhibit C-2, unless additional compensation is approved pursuant to Section 1.5 of the Agreement.

Specific periods of time during the term of this Amendment have specific not-to-exceed amounts as detailed in Exhibit C-2. The aggregate of the various Contract Sums shall not exceed Three Hundred Thirty Thousand Dollars ($330,000), which is the total compensation available under this Amendment. However, funds available pursuant to the respective Contract Sum for each specific Services Time Period in Exhibit C-2 may not be transferred between the Services Time Periods. The Consultant shall obtain written approval from the City for any use of any Contingency Sum provided for in Exhibit C-2. 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 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). -2-
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.

8. Consultant Representative for Project. The Consultant Representative for the work or services under this Amendment is Braulio Ramirez, Program Manager, 949-270-9663, [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.

9. Continuing Effect of the Agreement. Except as amended by this Amendment No. 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. 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.

12. 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 PAGEJ
-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:

AGA Engineers, Inc., 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
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 as-needed Traffic Engineering services described in the Project Proposal dated January 11, 2023. The Consultant has been selected to provide services of a certain nature which will be readily available for a fixed rate when needed. However, before any work is performed, the Consultant must provide a specific written proposal for any requested services and get written approval of the terms of the proposal from the City, as such process is more fully described herein.

Unless specifically defined, each category or type of work listed in the Project Proposal shall be construed broadly to include all services customarily described under such category or type.

Ill. Work Request Procedure
A. Task(s) to be performed shall be set forth in a written request ("Request") produced by the City Representative, with a description of the work to be performed, and the time desired for completion. All tasks shall be carried out in conformity with all provisions of this Amendment and the Agreement.

B. Following receipt of the Request, the Consultant shall prepare a "Task Proposal" that includes the following components:
(1) a written description of the requested tasks) including all components and subtasks, and including any clarifications of the descriptions provided in the Request;
(2) the costs to perform the tasks) ("Task Budget");
(3) an explanation of how the cost was determined; and
(4) a schedule for completion of the tasks) ("Task Completion Schedule"), including a final completion date ("Task Completion Date").

C. City Representative shall approve, modify, or reject the Task Proposal in writing, and issue a written notice to proceed when a written agreement has been reached between the Parties on the Task Proposal.

D. The task(s) shall be performed at a cost not exceeding the Task Budget.

E. Consultant shall complete the tasks) and deliver all deliverables to City by the Task Completion Date and in accordance with the Task Completion Schedule.

A-2(1)
IV. Consultant acknowledges that City has no obligation to request work from Consultant under this Amendment or the Agreement. City may establish a rotation schedule with multiple consultants, and may seek competing Task Proposals.

A-2(2)
EXHIBIT B-2

SPECIAL REQUIREMENTS
(Superseding Amendment 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 shall not exceed the total of the Aggregate Contract Sums, as provided in Section 5 of this Amendment, and such Contract Sums are defined below for each of the Services Time Periods.

III. The total compensation for each Services Time Period is listed below. Funds available for each specific Services Time Period may not be transferred between the Services Time Periods listed below.

1. Time Period - February 20, 2024 to June 30, 2024

2. Specific Sum - One Hundred Thousand Dollars ($100,000)

3. Contingency Sum - Ten Thousand Dollars ($10,000)

4. Contract Sum - One Hundred Ten Thousand Dollars ($110,000)

1. Time Period - July 1, 2024 to June 30, 2025

2. Specific Sum - One Hundred Thousand Dollars ($100,000)

3. Contingency Sum - Ten Thousand Dollars ($10,000)

4. Contract Sum - One Hundred Ten Thousand Dollars ($110,000)

1. Time Period - July 1, 2025 to June 30, 2026

2. Specific Sum - One Hundred Thousand Dollars ($100,000)

3. Contingency Sum - Ten Thousand Dollars ($10,000)

4. Contract Sum - One Hundred Ten Thousand Dollars ($110,000) IV. 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-2(1)
EXHIBIT D-2

SCHEDULE OF PERFORMANCE
Consultant shall on an as-needed basis perform all services and deliver all work Tad Comineto Dates set i as broposa mostian schedule as wellas compensation for work completed after Task Completion Date(s).

D-2(1)
EXHIBIT E-2

PRIOR AMENDMENTS TO AGREEMENT
Amendment No. 1 to Agreement, executed on July 1, 2023, provides Traffic Signal Operations services from Consultant to City for a not-to-exceed Aggregate Contract Sum of $318,384.

E-2(1)

ATTACHMENT B
Amendment No. 4 to On-Call Professional Services Agreement with Ardurra Group, Inc.

AMENDMENT NO. 4 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES

BETWEEN CITY OF LAGUNA NIGUEL AND
ARDURRA GROUP, INC.

FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 4 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES (Amendment") is made and entered into February 20, 2024 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

City entered into Amendment No. 1 for Project and Program Management services on an as-needed multiyear basis from the Consultant pursuant to the terms of the Agreement.

3. City now requires additional as-needed Project and Program Management services on multiyear basis.

Consultant has the qualifications and experience to render the services.

5. City and Consultant have entered into amendments) to the Agreement as detailed in "Prior Amendments to Agreement" attached hereto as Exhibit E-4.

6. City and Consultant now desire to enter into Amendment No. 4 to the Agreement to modify the terms of Amendment No. 1.

Project Term. This Amendment shall become effective as of the date stated above.

Project Compensation and Aggregate Contract Sums. 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-4 and incorporated herein by this reference and supersedes the amounts) as specified in Exhibit C-1. The total compensation for each of the respective Services Time Periods listed in Exhibit C-4 (including Contingency Sum(s), if any), including reimbursement for actual expenses, shall not exceed each Services Time Period's respective Contract Sum listed in Exhibit C-4, unless additional compensation is approved pursuant to Section 1.5 of the Agreement. Specific periods of time -1-
during the term of this Amendment have specific not-to-exceed amounts as detailed in Exhibit C-

4. The aggregate of the various Contract Sums shall not exceed Eight Hundred Seventy Thousand Dollars ($870,000), which is the total compensation available under this Amendment. However, funds available pursuant to the respective Contract Sum for each specific Services Time • the be perive Contract Sum
Period in Exhibit C-4 may not be transferred between the Services Time Periods. The Consultant shall obtain written approval from the City for any use of any Contingency Sum provided for in Exhibit C-4. Compensation may include reimbursement, for actual and necessary expenditures, if both specified in either the Schedule of Compensation (Exhibit C-4 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.

Prior Amendments to Agreement. Prior amendments to the Agreement, if any, are itemized in "Prior Amendments to Agreement," attached hereto as Exhibit E-4 and incorporated herein by this reference.

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.

5. Continuing Effect of the Agreement. Except as amended by this Amendment No. 4, all provisions of Amendment No. 1 and 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. 4.

8. 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 -2-
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:

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
-4-
EXHIBIT A-4

SCOPE OF SERVICES
See Exhibit A-1
A-4(1)
EXHIBIT B-4

SPECIAL REQUIREMENTS
(Superseding Amendment Template)

NOT APPLICABLE
B-4(1)
EXHIBIT C-4

SCHEDULE OF COMPENSATION
City will compensate Consultant for the services performed upon submission of a valid invoice, as described in Section 2.2 of the Agreement.

III. The total compensation for each Services Time Period is listed below. Funds available Time Periods listed bees Time Period may not be transferred between the Services

1. Time Period - July 1, 2023 to June 30, 2024

2. Specific Sum - Two Hundred Sixty-Five Thousand Dollars ($265,000)

3. Contingency Sum - Twenty-Five Thousand Dollars ($25,000)

4. Contract Sum - Two Hundred Ninety Thousand Dollars ($290,000)

1. Time Period - July 1, 2024 to June 30, 2025

2. Specific Sum - Two Hundred Sixty-Five Thousand Dollars ($265,000)

3. Contingency Sum - Twenty-Five Thousand Dollars ($25,000)

4. Contract Sum - Two Hundred Ninety Thousand Dollars ($290,000)

1. Time Period - July 1, 2025 to June 30, 2026

2. Specific Sum - Two Hundred Sixty-Five Thousand Dollars ($265,000)

3. Contingency Sum - Twenty-Five Thousand Dollars ($25,000)

4. Contract Sum - Two Hundred Ninety Thousand Dollars ($290,000) IV. 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-4(1)
EXHIBIT D-4

SCHEDULE OF PERFORMANCE
I. See Exhibit D-1.

D-4(1)
EXHIBIT E-4

PRIOR AMENDMENTS TO AGREEMENT

1. Amendment No. 1 to Agreement, executed on July 1, 2023, provides As-Needed Multiyear Project and Program Management services from Consultant to City for a not-to-exceed Aggregate Contract Sum of $330,000.

2. Amendment No. 2 to Agreement, executed on July 1, 2023, provides As-Needed Multiyear Construction Management and Inspection services from Consultant to City for a not-to- exceed Aggregate Contract Sum of $330,000.

3. Amendment No. 3 to Agreement, executed on October 11, 2023, provides Civil Engineering Design services for the Golden Lantern Median Modifications at Serenity Lane Capital Improvement Project from Consultant to City for a not-to-exceed Contract Sum of $60,302.

E-4(1)

ATTACHMENT C
Amendment No. 5 to On-Call Professional Services Agreement with Interwest Consulting Group, Inc.

AMENDMENT NO. 5 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES

BETWEEN CITY OF LAGUNA NIGUEL AND
INTERWEST CONSULTING GROUP, INC.

FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 5 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES (Amendment") is made and entered into February 20, 2024 by and between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and Interwest Consulting Group, Inc., a Colorado Corporation ("Consultant"). City and Consultant may be referred to individually as "Party" or collectively as "Parties."

RECITALS

2. City entered into Amendment No. 1 for Project and Program Management services on an as-needed multiyear basis from the Consultant pursuant to the terms of the Agreement.

3. City now requires additional as-needed Project and Program Management services on multiyear basis.

4. Consultant has the qualifications and experience to render the services.

5. City and Consultant have entered into amendments) to the Agreement as detailed in "Prior Amendments to Agreement" attached hereto as Exhibit E-s.

City and Consultant now desire to enter into Amendment No. 5 to the Agreement to modify the terms of Amendment No. 1.

Project Term. This Amendment shall become effective as of the date stated above.

2. Project Compensation and Aggregate Contract Sums. 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-5 and incorporated herein by this reference and supersedes the amounts) as specified in Exhibit C-1. The total compensation for each of the respective Services Time Periods listed in Exhibit C-5 (including Contingency Sum(s), if any), including reimbursement for actual expenses, shall not exceed each Services Time Period's respective Contract Sum listed in Exhibit C-5, unless additional compensation is approved pursuant to Section 1.5 of the Agreement. Specific periods of time -1-
during the term of this Amendment have specific not-to-exceed amounts as detailed in Exhibit C-

5. The aggregate of the various Contract Sums shall not exceed Four Hundred Fifty Thousand Dollars ($450,000), which is the total compensation available under this Amendment. However, funds available pursuant to the respective Contract Sum for each specific Services Time Period in Exhibit C-5 may not be transferred between the Services Time Periods. The Consultant shall obtain written approval from the City for any use of any Contingency Sum provided for in Exhibit C-5. Compensation may include reimbursement, for actual and necessary expenditures, if both specified in either the Schedule of Compensation (Exhibit C-5 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.

3. Prior Amendments to Agreement. Prior amendments to the Agreement, if any, are itemized in "Prior Amendments to Agreement," attached hereto as Exhibit E-5 and incorporated herein by this reference.

4. Consultant Representative for Project. The Consultant Representative for the work or services under this Amendment is Steve Kooyman, Principal Engineer, 530-318-1066, [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.

5. Continuing Effect of the Agreement. Except as amended by this Amendment No. 5, all provisions of Amendment No. 1 and 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. 5.

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:

Interwest Consulting Group, Inc., a Colorado
Corporation
By: _
Name:

Title:

By:

Name:

Title:

Address:

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
-4-
EXHIBIT A-5

SCOPE OF SERVICES
See Exhibit A-1
A-5(1)
EXHIBIT B-5

SPECIAL REQUIREMENTS
(Superseding Amendment Template)

NOT APPLICABLE
B-5(1)
EXHIBIT C-5

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.

1. Time Period - July 1, 2023 to June 30, 2024

2. Specific Sum - One Hundred Thirty-Five Thousand Dollars ($135,000)

3. Contingency Sum - Fifteen Thousand Dollars ($15,000)

4. Contract Sum - One Hundred Fifty Thousand Dollars ($150,000)

1. Time Period - July 1, 2024 to June 30, 2025

2. Specific Sum - One Hundred Thirty-Five Thousand Dollars ($135,000)

3. Contingency Sum - Fifteen Thousand Dollars ($15,000)

4. Contract Sum - One Hundred Fifty Thousand Dollars ($150,000)

1. Time Period - July 1, 2025 to June 30, 2026

2. Specific Sum - One Hundred Thirty-Five Thousand Dollars ($135,000)

3. Contingency Sum - Fifteen Thousand Dollars ($15,000)

4. Contract Sum - One Hundred Fifty Thousand Dollars ($150,000) IV. 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-5(1)
EXHIBIT D-5

SCHEDULE OF PERFORMANCE
I. See Exhibit D-1.

D-5(1)
EXHIBIT E-5

PRIOR AMENDMENTS TO AGREEMENT

3. Amendment No. 3 to Agreement, executed on December 20, 2023, provides Construction Management and Inspection services for the Moulton Niguel Water District encroachment permit to install new waterlines on Crown Valley Parkway from Consultant to City for a not-to-exceed Contract Sum of $49,999.

4. Amendment No. 4 to Agreement, executed on January 8, 2024, provides Construction Management and Inspection services for the Aliso Creek Road Slurry Seal and Traffic Signal Detection Upgrade Project from Consultant to City for a not-to-exceed Contract Sum of $16,335.

E-5(1)

ATTACHMENT D
Amendment No. 6 to On-Call Professional Services Agreement with Interwest Consulting Group, Inc.

AMENDMENT NO. 6 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES

BETWEEN CITY OF LAGUNA NIGUEL AND
INTERWEST CONSULTING GROUP, INC.

FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 6 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES ("Amendment") is made and entered into February 20, 2024 by and between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and Interwest Consulting Group, Inc., a Colorado Corporation ("Consultant"). City and Consultant may be referred to individually as "Party" or collectively as "Parties."

RECITALS

2. City entered into Amendment No. 2 for Construction Management and Inspection Series on an as-needed multiyear basis from the Consultant pursuant to the terms of the

3. City now requires additional as-needed Construction Management and Inspection services on multiyear basis.

Consultant has the qualifications and experience to render the services.

5. City and Consultant have entered into amendments) to the Agreement as detailed in "Prior Amendments to Agreement" attached hereto as Exhibit E-6.

6. City and Consultant now desire to enter into Amendment No. 6 to the Agreement to modify the terms of Amendment No. 2.

1. Project Term. This Amendment shall become effective as of the date stated above.

Project Compensation and Aggregate Contract Sums. 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-6 and incorporated herein by this reference and supersedes the amounts) as specified in Exhibit C-2. The total compensation for each of the respective Services Time Periods listed in Exhibit C-6 (including Contingency Sum(s), if any), including reimbursement for actual expenses, shall not exceed each Services Time Period's respective Contract Sum listed in Exhibit C-6, unless additional -1-
compensation is approved pursuant to Section 1.5 of the Agreement. Specific periods of time during the term of this Amendment have specific not-to-exceed amounts as detailed in Exhibit C-

6. The aggregate of the various Contract Sums shall not exceed Four Hundred Fifty Thousand Dollars ($450,000), which is the total compensation available under this Amendment. However, funds available pursuant to the respective Contract Sum for each specific Services Time Period in Exhibit C-6 may not be transferred between the Services Time Periods. The Consultant shall obtain written approval from the City for any use of any Contingency Sum provided for in Exhibit C-6. Compensation may include reimbursement, for actual and necessary expenditures, if both specified in either the Schedule of Compensation (Exhibit C-6 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.

3. Prior Amendments to Agreement. Prior amendments to the Agreement, if any, are itemized in "Prior Amendments to Agreement," attached hereto as Exhibit E-6 and incorporated herein by this reference.

4. Consultant Representative for Project. The Consultant Representative for the work or services under this Amendment is Steve Kooyman, Principal Engineer, 530-318-1066. [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.

5. Continuing Effect of the Agreement. Except as amended by this Amendment No. 6, all provisions of Amendment No. 2 and 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. 6.

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

7. 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. -2-
Authority. The persons executing this Amendment on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (i) 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 PAGEJ
-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:

Interwest Consulting Group, Inc., a Colorado
Corporation
By:

Name:

Title:

By:

Name:

Title:

Address:

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
-4-
EXHIBIT A-6

SCOPE OF SERVICES
See Exhibit A-2
A-6(1)
EXHIBIT B-6

SPECIAL REQUIREMENTS
(Superseding Amendment Template)

NOT APPLICABLE
B-6(1)
EXHIBIT C-6

SCHEDULE OF COMPENSATION
City will compensate Consultant for the services performed upon submission of a valid invoice, as described in Section 2.2 of the Agreement.

1. Time Period - July 1, 2023 to June 30, 2024

2. Specific Sum - One Hundred Thirty-Five Thousand Dollars ($135,000)

3. Contingency Sum - Fifteen Thousand Dollars ($15,000)

4. Contract Sum - One Hundred Fifty Thousand Dollars ($150,000)

1. Time Period - July 1, 2024 to June 30, 2025

2. Specific Sum - One Hundred Thirty-Five Thousand Dollars ($135,000)

3. Contingency Sum - Fifteen Thousand Dollars ($15,000)

4. Contract Sum - One Hundred Fifty Thousand Dollars ($150,000)

1. Time Period - July 1, 2025 to June 30, 2026

2. Specific Sum - One Hundred Thirty-Five Thousand Dollars ($135,000)

3. Contingency Sum - Fifteen Thousand Dollars ($15,000)

C-6(1)
EXHIBIT D-6

SCHEDULE OF PERFORMANCE
See Exhibit D-2.

D-6(1)
EXHIBIT E-6

PRIOR AMENDMENTS TO AGREEMENT

Amendment No. 4 to Agreement, executed on January 8, 2024, provides Construction Management and Inspection services for the Aliso Creek Road Slurry Seal and Traffic Signal Detection Upgrade Project from Consultant to City for a not-to-exceed Contract Sum of $16,335.

5. Amendment No. 5 to Agreement modified Amendment No. 1, executed on February 20, 2024, provides As-Needed Multiyear Project and Program Management services from Consultant to City for a not-to-exceed Aggregate Contract Sum of $450,000.

E-6(1)

ATTACHMENT E
Amendment No. 1 to On-Call Professional Services Agreement with Iteris, Inc.

AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES

BETWEEN CITY OF LAGUNA NIGUEL AND
ITERIS, INC.

FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES ("Amendment") is made and entered into February 20, 2024_ by and between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and Iteris, Inc., a Delaware 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.

2. City has requested Traffic Engineering services on an as-needed multiyear basis from the Consultant pursuant to the terms of the Agreement.

3. Consultant submitted a written statement of qualifications for the above requested services ("Project Proposal") pursuant to the terms of the Agreement.

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-1. for the performance by Consultant of the requested services for City. City and Consultant now desire to enter into Amendment No. I to the Agreement

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-1 and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder.

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-1 and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B-1, and any other provisions of this Amendment or the Agreement, the provisions of Exhibit B-1 shall govern.

5. Project Compensation and Aggregate Contract Sums. 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-1 and incorporated herein by this reference. The total compensation for each of the respective Services Time Periods listed in Exhibit C-1 (including Contingency Sum(s), if any), including reimbursement for actual expenses, shall not exceed each Services Time Period's respective Contract Sum listed in Exhibit C-1, unless additional compensation is approved pursuant to Section 1.5 of the Agreement.

Specific periods of time during the term of this Amendment have specific not-to-exceed amounts as detailed in Exhibit C-1. The aggregate of the various Contract Sums shall not exceed Three Hundred Thirty Thousand Dollars ($330,000), which is the total compensation available under this Amendment. However, funds available pursuant to the respective Contract Sum for each specific Services Time Period in Exhibit C-1 may not be transferred between the Services Time Periods. The Consultant shall obtain written approval from the City for any use of any Contingency Sum provided for in Exhibit C-1. Compensation may include reimbursement, for actual and necessary expenditures, if both specified in either the Schedule of Compensation (Exhibit C-1 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 upon receipt of a written notice to proceed pursuant to Exhibit A-1 and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit D-1 and incorporated herein by this reference (and as applicable the "Schedule of Performance" attached as Exhibit D to the Agreement). -2-

7. Prior Amendments to Agreement. Prior amendments to the Agreement, if any, are itemized in "Prior Amendments to Agreement," attached hereto as Exhibit E-1 and incorporated herein by this reference.

Consultant Representative for Project. The Consultant Representative for the work or services under this Amendment is Braulio Ramirez, Program Manager, 949-270-9663, [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.

9. Continuing Effect of the Agreement. Except as amended by this 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, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 1.

12. 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:

Iteris, Inc., a Delaware Corporation
By:

Name:

Title:

By:

Name:

Title:

Address:

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
-4-
EXHIBIT A-1

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 as-needed Traffic Engineering services described in the Project Proposal dated January 11, 2023. The Consultant has been selected to provide services of a certain nature which will be readily available for a fixed rate when needed. However, before any work is performed, the Consultant must provide a specific written proposal for any requested services and get written approval of the terms of the proposal from the City, as such process is more fully described herein.

Unless specifically defined, each category or type of work listed in the Project Proposal shall be construed broadly to include all services customarily described under such category or type.

III. Work Request Procedure
A. Tasks) to be performed shall be set forth in a written request ("Request") produced by the City Representative, with a description of the work to be performed, and the time desired for completion. All tasks shall be carried out in conformity with all provisions of this Amendment and the Agreement.

B. Following receipt of the Request, the Consultant shall prepare a "Task Proposal" that includes the following components:
(1) a written description of the requested tasks) including all components and subtasks, and including any clarifications of the descriptions provided in the Request;
(2) the costs to perform the task(s) ("Task Budget");
(3) an explanation of how the cost was determined; and
(4) a schedule for completion of the tasks) ("Task Completion Schedule"), including a final completion date ("Task Completion Date").

D. The tasks) shall be performed at a cost not exceeding the Task Budget.

E. Consultant shall complete the tasks) and deliver all deliverables to City by the Task Completion Date and in accordance with the Task Completion Schedule.

A-1(1)
IV. Consultant acknowledges that City has no obligation to request work from Consultant under this Amendment or the Agreement. City may establish a rotation schedule with multiple consultants, and may seek competing Task Proposals.

A-1(2)
EXHIBIT B-1

SPECIAL REQUIREMENTS
(Superseding Amendment Template)

NOT APPLICABLE
B-1(1)
EXHIBIT C-1

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.

1. Time Period - February 20, 2024 to June 30, 2024

2. Specific Sum - One Hundred Thousand Dollars ($100,000)

3. Contingency Sum - Ten Thousand Dollars ($10,000)

4. Contract Sum - One Hundred Ten Thousand Dollars ($110,000)

1. Time Period - July 1, 2024 to June 30, 2025

2. Specific Sum - One Hundred Thousand Dollars ($100,000)

3. Contingency Sum - Ten Thousand Dollars ($10,000)

4. Contract Sum - One Hundred Ten Thousand Dollars ($110,000)

1. Time Period - July 1, 2025 to June 30, 2026

2. Specific Sum - One Hundred Thousand Dollars ($100,000)

3. Contingency Sum - Ten Thousand Dollars ($10,000)

C-1(1)
EXHIBIT D-1

SCHEDULE OF PERFORMANCE
Consultant shall on an as-needed basis perform all services and deliver all work products timely in accordance with both Task Completion Schedule(s) as well as Task Completion Date(s) set in Task Proposals) and shall not receive additional compensation for work completed after Task Completion Date(s).

D-1(1)
EXHIBIT E-1

PRIOR AMENDMENTS TO AGREEMENT
NONE.

E-1(1)

ATTACHMENT F
Amendment No. 7 to On-Call Professional Services Agreement with Mark Thomas & Company, Inc.

AMENDMENT NO. 7 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES

BETWEEN CITY OF LAGUNA NIGUEL AND
MARK THOMAS & COMPANY, INC.

FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 7 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES (Amendment") is made and entered into February 20, 2024 by and between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and Mark Thomas & Company, Inc., a California Corporation ("Consultant"). City and Consultant may be referred to individually as "Party" or collectively as "Parties."

RECITALS

2. City entered into Amendment No. 3 for Graphic Design, Marketing, Photography and Videography services on an as-needed multiyear basis from the Consultant pursuant to the terms of the Agreement.

City now requires additional as-needed Graphic Design, Marketing, Photography and Videography services on multiyear basis.

Consultant has the qualifications and experience to render the services.

5. City and Consultant have entered into amendments) to the Agreement as detailed in "Prior Amendments to Agreement" attached hereto as Exhibit E-7.

6. City and Consultant now desire to enter into Amendment No. 7 to the Agreement to modify the terms of Amendment No. 3.

1. Project Term. This Amendment shall become effective as of the date stated above.

Project Compensation and Aggregate Contract Sums. 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-7 and incorporated herein by this reference and supersedes the amounts) as specified in Exhibit C-3. The total compensation for each of the respective Services Time Periods listed in Exhibit C-7 (including Contingency Sum(s), if any), including reimbursement for actual expenses, shall not exceed each Services Time Period's respective Contract Sum listed in Exhibit C-7, unless additional -1-
compensation is approved pursuant to Section 1.5 of the Agreement. Specific periods of time during the term of this Amendment have specific not-to-exceed amounts as detailed in Exhibit C-

7. The aggregate of the various Contract Sums shall not exceed Four Hundred Ninety-Five Thousand Dollars ($495,000), which is the total compensation available under this Amendment.

However, funds available pursuant to the respective Contract Sum for each specific Services Time Period in Exhibit C-7 may not be transferred between the Services Time Periods. The Consultant shall obtain written approval from the City for any use of any Contingency Sum provided for in Exhibit C-7. Compensation may include reimbursement, for actual and necessary expenditures, if both specified in either the Schedule of Compensation (Exhibit C-7 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.

3. Prior Amendments to Agreement. Prior amendments to the Agreement, if any, are itemized in "Prior Amendments to Agreement," attached hereto as Exhibit E-7 and incorporated herein by this reference.

4. Consultant Representative for Project. The Consultant Representative for the work or services under this Amendment is Paul Martin, Project Manager, 949-697-7840, [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. 7, all provisions of Amendment No. 3 and 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. 7.

7. 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. -2-
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:

Mark Thomas & Company, Inc., a California
Corporation
By:

Name:

Title:

By:

Name:

Title:

Address:

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
-4-
EXHIBIT A-7

SCOPE OF SERVICES
I. See Exhibit A-3
A-7(1)
EXHIBIT B-6

SPECIAL REQUIREMENTS
(Superseding Amendment Template)

NOT APPLICABLE
B-7(1)
EXHIBIT C-7

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.

1. Time Period - July 1, 2023 to June 30, 2024

2. Specific Sum - One Hundred Fifty Thousand Dollars ($150,000)

3. Contingency Sum - Fifteen Thousand Dollars ($15,000)

4. Contract Sum - One Hundred Sixty-Five Thousand Dollars ($165,000)

1. Time Period - July 1, 2024 to June 30, 2025

2. Specific Sum - One Hundred Fifty Thousand Dollars ($150,000)

3. Contingency Sum - Fifteen Thousand Dollars ($15,000)

4. Contract Sum - One Hundred Sixty-Five Thousand Dollars ($165,000)

1. Time Period - July 1, 2025 to June 30, 2026

2. Specific Sum - One Hundred Fifty Thousand Dollars ($150,000)

3. Contingency Sum - Fifteen Thousand Dollars ($15,000)

4. Contract Sum - One Hundred Sixty-Five Thousand Dollars ($165,000) IV. 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-7(1)
EXHIBIT D-7

SCHEDULE OF PERFORMANCE
See Exhibit D-3.

D-7(1)
EXHIBIT E-7

PRIOR AMENDMENTS TO AGREEMENT
Amendment No. 1 to Agreement, executed on July 1, 2023, provides As-Needed Multiyear Traffic Engineering services from Consultant to City for a not-to-exceed Aggregate Contract Sum of $660,000.

2. Amendment No. 2 to Agreement, executed on July 1, 2023, provides As-Needed Multiyear Project and Program Management services from Consultant to City for a not-to-exceed Aggregate Contract Sum of $330,000.

3. Amendment No. 3 to Agreement, executed on July 1, 2023, provides As-Needed Multiyear Graphic Design, Marketing, Photography and Videography services from Consultant to City for a not-to-exceed Aggregate Contract Sum of $165,000.

4. Amendment No. 4 to Agreement, executed on July 1, 2023, provides, provides Local Transportation Climate Adaptation Program (LTCAP) Grant application services for the Aliso Creek Road Slurry Seal and Traffic Signal Detection Upgrade Project from Consultant to City for a not-to-exceed Contract Sum of $33,000.

5. Amendment No. 5 to Agreement, executed on August 15, 2023, provides design and engineering plan preparation services for interim conditions on La Paz Road from Consultant to City for a not-to-exceed Contract Sum of $205,658.

Amendment No. 6 to Agreement, executed on February 20, 2024, provides active transportation planning and public outreach services for the Citywide Active Transportation Plan from Consultant to City for a not-to-exceed Contract Sum of $233,821.

E-7(1)

ATTACHMENT G
Amendment No. 3 to On-Call Professional Services Agreement with Ninyo & Moore Geotechnical & Environmental Sciences AMENDMENT NO. 3 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES

BETWEEN CITY OF LAGUNA NIGUEL AND

NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS THIS AMENDMENT NO. 3 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES ("Amendment") is made and entered into February 20, 2024 by and between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and Ninyo & Moore Geotechnical & Environmental Sciences Consultants, a California Corporation ("Consultant").

City and Consultant may be referred to individually as "Party" or collectively as "Parties."

RECITALS

City entered into Amendment No. 1 for Geotechnical services on an as-needed basis from the Consultant pursuant to the terms of the Agreement.

3. City now requires additional as-needed Geotechnical services on multiyear basis.

4. Consultant has the qualifications and experience to render the 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 to modify the terms of Amendment No. 1.

1. Project Term. This Amendment shall become effective as of the date stated above.

This Amendment extends the term of Amendment No. 1, unless earlier terminated in accordance with Article 7 of the Agreement, until June 30, 2026. The term of Amendment No. 1 may be extended administratively (with total cumulative extension no greater than two years), by the City pursuant to Section 9.4 of the Agreement and without the need for further approval by the City Council, if the Consultant's performance is satisfactory and it is in the best interest of the City.

2. 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. -1-

3. Project Compensation and Aggregate Contract Sums. 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 and supersedes the amounts) as specified in Exhibit C-1. The total compensation for each of the respective Services Time Periods listed in Exhibit C-3 (including Contingency Sum(s), if any), including reimbursement for actual expenses, shall not exceed each Services Time Period's respective Contract Sum listed in Exhibit C-3, unless additional compensation is approved pursuant to Section 1.5 of the Agreement. Specific periods of time during the term of this Amendment have specific not-to-exceed amounts as detailed in Exhibit C-

3. The aggregate of the various Contract Sums shall not exceed Two Hundred Twenty-Five Thousand Dollars ($225,000), which is the total compensation available under this Amendment.

However, funds available pursuant to the respective Contract Sum for each specific Services Time Period in Exhibit C-3 may not be transferred between the Services Time Periods. The Consultant shall obtain written approval from the City for any use of any Contingency Sum provided for in Exhibit C-3. 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.

4. 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.

5. Consultant Representative for Project. The Consultant Representative for the work or services under this Amendment is Ronald Hallum, Principal Geologist, 949-753-7070. [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.

6. Continuing Effect of the Agreement. Except as amended by this Amendment No. 3, all provisions of Amendment No. 1 and 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.

7. 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 -2-
represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

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 on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (il) 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]
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:

Ninyo & Moore Geotechnical & Environmental
Sciences Consultants, 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-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 as-needed Geotechnical services described in the Project Proposal dated July 28, 2023. The Consultant has been selected to provide services of a certain nature which will be readily available for a fixed rate when needed.

However, before any work is performed, the Consultant must provide a specific written proposal for any requested services and get written approval of the terms of the proposal from the City, as such process is more fully described herein. Unless specifically defined, each category or type of work listed in the Project Proposal shall be construed broadly to include all services customarily described under such category or type.

III. Work Request Procedure
A. Task(s) to be performed shall be set forth in a written request ("Request") produced by the City Representative, with a description of the work to be performed, and the time desired for completion. All tasks shall be carried out in conformity with all provisions of this Amendment and the Agreement.

B. Following receipt of the Request, the Consultant shall prepare a "Task Proposal" that includes the following components:
(1) a written description of the requested tasks) including all components and subtasks, and including any clarifications of the descriptions provided in the Request;
(2) the costs to perform the task(s) ("Task Budget");
(3) an explanation of how the cost was determined; and
(4) a schedule for completion of the tasks) ("Task Completion Schedule"), including a final completion date ("Task Completion Date").

D. The task(s) shall be performed at a cost not exceeding the Task Budget.

E. Consultant shall complete the tasks) and deliver all deliverables to City by the Task Completion Date and in accordance with the Task Completion Schedule.

A-3(1)
IV. Consultant acknowledges that City has no obligation to request work from Consultant under this Amendment or the Agreement. City may establish a rotatio schedule with multiple consultants, and may seek competing Task Proposals A-3(2)
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.

Ill. The total compensation for each Services Time Period is listed below. Funds available for each specific Services Time Period may not be transferred between the Services Time Periods listed below.

1. Time Period - August 1, 2023 to June 30, 2024

2. Specific Sum - Seventy Thousand Dollars ($70,000)

3. Contingency Sum - Five Thousand Dollars ($5,000)

4. Contract Sum - Seventy-Five Thousand Dollars ($75,000)

1. Time Period - July 1, 2024 to June 30, 2025

2. Specific Sum - Seventy Thousand Dollars ($70,000)

3. Contingency Sum - Five Thousand Dollars ($5,000)

4. Contract Sum - Seventy-Five Thousand Dollars ($75,000) É: Time Period - July 1. 2025 to June 30, 2026

3. Contingency Sum - Five Thousand Dollars ($5,000)

4. Contract Sum - Seventy-Five Thousand Dollars ($75,000) IV. 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
Consultant shall on an as-needed basis perform all services and deliver all work products timely in accordance with both Task Completion Schedule(s) as well a Task Completion Date(s) set in Task Proposal(s) and shall not receive additional compensation for work completed after Task Completion Date(s).

D-3(1)
EXHIBIT E-3

PRIOR AMENDMENTS TO AGREEMENT
Amendment No. 1 to Agreement, executed on August 1, 2023, provides As-Needed Geotechnical services from Consultant to City for a not-to-exceed Contract Sum of $49,500. 2 Amendment No. 2 to Agreement, executed on September 12, 2023, provides Geotechnical Engineering services for Pacific Island Drive Drainage and Wall Improvements from Consultant to City for a not-to-exceed Contract Sum of $9,402.

E-3(1)

ATTACHMENT H
Amendment No. 3 to On-Call Professional Services Agreement with Wolfe Engineering and Design, Inc.

AMENDMENT NO. 3 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES

BETWEEN CITY OF LAGUNA NIGUEL AND
WOLFE ENGINEERING AND DESIGN, INC.

FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 3 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES ("Amendment") is made and entered into February 20, 2024 by and between

RECITALS
1, 2023 to providi and onsist cal sendine a rel prestina it es gree Agree uly terminates on June 30, 2026.

City entered into Amendment No. 2 for Construction Management and Inspection services on an as-needed multiyear basis from the Consultant pursuant to the terms of the Agreement.

City now requires additional as-needed Construction Management and Inspection services on multiyear basis.

Consultant has the qualifications and experience to render the 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.

City and Consultant now desire to enter into Amendment No. 3 to the Agreement to modify the terms of Amendment No. 2.

1. Project Term. This Amendment shall become effective as of the date stated above. roject Compensation and Aggregate Contract Sums. Subject to any limitation t forth in the Agreement and this Amendment. City agrees to pay Consultant the amoun specified in the "Schedule of Compensation" attached hereto as Exhibit C-3 and incorporated herein by this reference and supersedes the amounts) as specified in Exhibit C-2. The total compensation for each of the respective Services Time Periods listed in Exhibit C-3 (including Contingency Sums), if any), including reimbursement for actual expenses, shall not exceed each Services Time Period's respective Contract Sum listed in Exhibit C-3, unless additional -1-
compensation is approved pursuant to Section 1.5 of the Agreement. Specific periods of time during the term of this Amendment have specific not-to-exceed amounts as detailed in Exhibit C-

3. The aggregate of the various Contract Sums shall not exceed Five Hundred Twenty-Five Thousand Dollars ($525,000), which is the total compensation available under this Amendment.

3. 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.

4. Consultant Representative for Project. The Consultant Representative for the work or services under this Amendment is Lori Wolfe. Lead Engineering Manager, 714-402-9645, [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.

5. Continuing Effect of the Agreement. Except as amended by this Amendment No. 3, all provisions of Amendment No. 2 and 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.

6. 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.
7 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. -2-
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:

Wolfe Engineering and Design, Inc., a California
Corporation
By:

Name:

Title:

By:

Name:

Title:

Address:

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
-4-
EXHIBIT A-3

SCOPE OF SERVICES
I. See Exhibit A-2
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.

1. Time Period - July 1, 2023 to June 30, 2024

2. Specific Sum - One Hundred Sixty Thousand Dollars ($160,000)

3. Contingency Sum - Fifteen Thousand Dollars ($15,000)

4. Contract Sum - One Hundred Seventy-Five Thousand Dollars ($175,000)

1. Time Period - July 1, 2024 to June 30, 2025

2. Specific Sum - One Hundred Sixty Thousand Dollars ($160,000)

3. Contingency Sum - Fifteen Thousand Dollars ($15,000)

4. Contract Sum - One Hundred Seventy-Five Thousand Dollars ($175,000)

1. Time Period - July 1, 2025 to June 30, 2026

2. Specific Sum - One Hundred Sixty Thousand Dollars ($160,000)

3. Contingency Sum - Fifteen Thousand Dollars ($15,000)

4. Contract Sum - One Hundred Seventy-Five Thousand Dollars ($175,000) IV. 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
See Exhibit D-2.

D-3(1)
EXHIBIT E-3

PRIOR AMENDMENTS TO AGREEMENT

E-3(1)

Laguna Niguel City CouncilFebruary 20, 2024

Laguna Niguel City Council
February 20, 2024