CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jonathan Orduna, Community Development Director
DATE: June 3, 2025
SUBJECT: Approval of Multi-Year Professional Services Agreements for On-Call Professional Services and Approval of Multi-Year Professional Services Agreement Amendments for On-Call Professional Services in Support of Community Development Department Functions
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Multi-Year Professional Services Agreements for On-Call Professional Services with the following firms (listed alphabetically):
4LEAF, Inc. Kosmont & Associates, Inc.
Amber Gregg, Inc. Linscott, Law & Greenspan, Inc.
Ascent, Inc. LSA Associates, Inc.
Becky Caha Michael Baker International LLC
Bickel Group Architecture Mike Linares, Inc.
Carlson Strategic Land Solutions Moore lacofano Goltsman, Incorporated
Chambers Group, Inc. MNS Engineers, Inc.
City Advisors, LLC Park Consulting Group, Inc.
Civic Solutions, Inc. Permitech Solutions Corporation
CSG Consultants, Inc. Placeworks, Inc.
De Novo Planning Group RJM Design Group, Inc.
ECORP Consulting, Inc. RK Engineering, Inc.
ECS Imaging, Inc. RRM Design Group
EPD Solutions, Inc. RSG, Inc.
Friedman Imaging Sagecrest Planning & Environmental
GMU Geotechnical, Inc. Summers, Murphy & Partners, Inc.
Harris & Associates, Inc. Transtech Engineers, Inc.
Hoffman Strategy Group, LLC Willdan Engineering
Iteris, Inc. WSP USA, Inc.
Kimley-Horn & Associates, Inc.
* Italicized firms in the table above indicate a recommendation for award of a Multi-Year Amendment.
2. Approve Multi-Year Professional Services Agreement Amendments for On-Call Professional Services, shown in italics above; and,
3. Authorize the City Manager to execute the Multi-Year On-Call Professional Services Agreements and Multi-Year On-Call Professional Services Amendments, subject to the City Attorney making non-substantive changes.
BACKGROUND
On February 18, 2020, the City Council approved the use of an on-call list of prequalified firms to support the Community Development Department on an as-needed basis.
Subsequently, on November 2, 2021, the City Council approved the use of multi-year on- call professional services amendments for selected firms providing general day-to-day support of Department functions (as distinguished from special projects). The curren agreements and amendments with the on-call consultants are set to expire on June 30, 2025.
As part of the Community Development Department's ongoing efforts to provide services in a cost-effective and efficient manner, staff issued a Request for Proposals (RFP) on March 25, 2025, inviting interested firms to submit a Statement of Qualifications (SOQ).
A copy of the RFP for on-call professional services is included as Attachment "A." The RFP invited firms to submit proposals to provide on-call, as needed services in the following categories: (1) architectural peer review services; (2) CEQA/environmental review services; (3) economic development services; (4) electronic document imaging and storage maintenance services; (5) governmental affairs; (6) grading/geotechnical review services; (7) grant management services; (8) housing consulting services; (9) land management systems services, (10) supplemental code compliance services; (11) supplemental planning services; (12) traffic/parking consulting services; (13) water quality services; and (14) and wireless telecommunication facilities consulting services.
Selected firms will enter into a no-fee, no-scope Multi-Year On-Call Professional Services Agreement (PSA) with the City from July 1, 2025 through June 30, 2030. A copy of the City's standard On-Call PSA is included as Attachment "B." When a specific need arises and upon request by staff, an on-call consultant would provide a detailed project or task proposal in accordance with the rates approved in the On-Call PSA. An Amendment to the no-fee, no-scope Multi-Year On-Call agreement would then be executed in accordance with the City's purchasing policy.
ANALYSIS
In response to the City's RFP, 39 proposals were received prior to the May 9, 2025, submittal deadline. The proposals were evaluated by City staff based on the following criteria:
• Qualifications, staffing, background, and prior experience (especially in the City
or surrounding area
• Approach and understanding of the service area
• Cost to provide requested services
• Clarity, conciseness, and timeliness
Upon evaluation of the proposals, staff recommends the award of no-fee, no-scope Multi- Year Professional Services Agreements to all 39 firms. The establishment of the On-Call Professional Services list is vital to the Community Development Department's ability to complete the work planned over the next five years and will facilitate timely delivery of Strategic Plan work items. This prequalified list of firms will also be available to other City departments to solicit professional services in support of their functions and projects.
In order for the Community Development Department to continue to achieve established goals and utilize City resources in the most efficient and cost-effective manner, staff recommends approval of multi-year "general service" amendments with selected on-call firms to support day-to-day Department functions (as distinguished from special projects).
The following firms are recommended for general service amendments, listed by service category below:
Annual Not-to-
Name of Firm Exceed Amount
Grading/Geotechnical Review Services
• GMU Geotechnical, Inc. $300,000
Full-Service Planning Firms
• Amber Gregg, Inc. $150,000
• Carlson Strategic Land Solutions $150,000
• City Advisors, Inc. $150,000
• Civic Solutions, Inc. $150,000
• CSG Consultants, Inc. $150,000
• Sagecrest Planning & Environmental $150,000
Specialized Consultants
• 4LEAF, Inc. $100,000
• Becky Caha $100,000
• De Novo Planning Group $100,000
Friedman Imaging $100,000
• Park Consulting Group, Inc. $100,000
• RJM Design Group, Inc. $100,000
• RK Engineering Group, Inc. $100,000
• RRM Design Group $100,000
• RSG, Inc. $100,000
• Willdan Engineering $100,000
• WSP USA, Inc. $100,000
The recommended general service amendments are included as Attachments "C" - "T" to this report. As proposed, the amendments will run through the end of the on-call term,
which concludes June 30, 2030. Annual spending caps based on potential workflow during the term are included for each amendment. These annual not-to-exceed amounts are not spending limits but rather reflect available contract capacity to accommodate varying project needs. Overall, entering into the amendments will significantly streamline related administrative processes and improve delivery of core Community Development Department services.
ALTERNATIVES CONSIDERED
The City Council may decide not to approve one or more of the recommended agreements or amendments. This alternative is not recommended as it would significantly impact delivery of related services and delay progress on Strategic Plan priorities.
FISCAL REVIEW
Funding is available in the Fiscal Years 2025-2027 Community Development Department Operating Budget to fund the recommended amendments. Funding for future years will continue to be included in the operating budget for the Community Development Department.
LEGAL REVIEW
The City Attorney's Office has reviewed and approved this report and all related and attached documents.
CONCLUSION
Staff recommends that the City Council:
1. Approve Multi-Year Professional Services Agreements for On-Call Professional Services with the following firms (listed alphabetically):
4LEAF, Inc. Kosmont & Associates, Inc.
Amber Gregg, Inc. Linscott, Law & Greenspan, Inc.
Ascent, Inc. LSA Associates, Inc.
Becky Caha Michael Baker International LLC
Bickel Group Architecture Mike Linares, Inc.
Carlson Strategic Land Solutions Moore lacofano Goltsman, Incorporated
Chambers Group, Inc. MNS Engineers, Inc.
City Advisors, LLC Park Consulting Group, Inc.
Civic Solutions, Inc. Permitech Solutions Corporation
CSG Consultants, Inc. Placeworks, Inc.
De Novo Planning Group RJM Design Group, Inc.
ECORP Consulting, Inc. RK Engineering, Inc.
ECS Imaging, Inc. RRM Design Group
EPD Solutions, Inc. RSG, Inc.
Friedman Imaging Sagecrest Planning & Environmental
GMU Geotechnical, Inc. Summers, Murphy & Partners, Inc.
Harris & Associates, Inc. Transtech Engineers, Inc.
Hoffman Strategy Group, LLC Willdan Engineering
Iteris, Inc. WSP USA, Inc.
Kimley-Horn & Associates, Inc.
* Italicized firms in the table above indicate a recommendation for award of a Multi-Year Amendment.
2. Approve Multi-Year Professional Services Agreement Amendments for On-Call Professional Services, shown in italics above; and,
3. Authorize the City Manager to execute the Multi-Year On-Call Professional Services Agreements and Multi-Year On-Call Professional Services Amendments, subject to the City Attorney making non-substantive changes.
Jamara Retouseau
Tamara S. Letourneau' Scott C. Smith
City Manager City Attorney
the Elen
Jonathan Orduna Hannah Tamaddon
Community Development Director Management Analyst
Attachments:
A RFP for On-Call Professional Services
Standard On-Call Professional Services Agreement (PSA)
Amendment No. 1 to On-Call PSA with 4LEAF, Inc.
Amendment No. 1 to On-Call PSA with Amber Gregg, Inc.
Amendment No. 1 to On-Call PSA with Becky Caha
Amendment No. 1 to On-Call PSA with Carlson Strategic Land Solutions Amendment No. 1 to On-Call PSA with City Advisors, LLC
Amendment No. 1 to On-Call PSA with Civic Solutions, Inc.
Amendment No. 1 to On-Call PSA with CSG Consultants, Inc.
Amendment No. 1 to On-Call PSA with De Novo Planning Group K Amendment No. 1 to On-Call PSA with Friedman Imaging
L. Amendment No. 1 to On-Call PSA with GMU Geotechnical, Inc.
Amendment No. 1 to On-Call PSA with Park Consulting Group, Inc.
Amendment No. 1 to On-Call PSA with RJM Design Group, Inc.
Amendment No. 1 to On-Call PSA with RRM Design Group
Amendment No. 1 to On-Call PSA with RK Engineering Group, Inc.
Amendment No. 1 to On-Call PSA with RSG, Inc.
Amendment No. 1 to On-Call PSA with Sagecrest Planning & Environmental Amendment No. 1 to On-Call PSA with Willdan Engineering, Inc.
Amendment No. 1 to On-Call PSA with WSP USA, Inc.
ATTACHMENT A
RFP for On-Call Professional Services
REQUEST FOR PROPOSALS
ON-CALL PROFESSIONAL SERVICES
COUNTR
1989
City of Laguna Niguel
Community Development Department
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Contact: Hannah Tamaddon, Management Analyst
(949) 362-4315
[email protected]
ISSUED: Tuesday, March 25, 2025
DUE: Friday, May 9, 2025, BY 5:00 P.M.
1 TABLE OF CONTENTS
I. INTRODUCTION ..3
A. Addenda ...3
B. License Requirements.. .4
II. SCOPE OF SERVICES 4
A. Architectural Peer Review Services ... 4
B. CEQA/Environmental Review Services .. 5
C. Economic Development Services.. 6
D. Electronic Document Imaging and Storage Maintenance Services.. ...6 E. Governmental Affairs....
F. Grading/Geotechnical Review Services .. ....7
G. Grant Management Services 8
H. Housing Consulting Services... 9
1. Land Management Systems Services... .. 10
J. Supplemental Code Compliance Services.. ...11
K. Supplemental Planning Services ..11
L. Traffic/Parking Consulting Services ... .12
M. Water Quality Services.... .. 13
N. Wireless Telecommunication Facilities Consulting Services... ..14 III. ITEMS FOR INCLUSION IN PROPOSAL. 15
IV. PROPOSAL SUBMISSION .16
V. EVALUATION PROCESS AND CRITERIA... ... 16
VI. TENTATIVE SCHEDULE ... ...17
2 I. INTRODUCTION
The City of Laguna Niguel ("City") is seeking qualified firms ("Consultant") to submit proposals to provide on-call, as needed services in the following categories: architectural peer review services, CEQA/environmental review services, economic development services, electronic document imaging and storage maintenance services, governmental affairs, grading/geotechnical review services, grant management services, housing consulting services, land management systems services, supplemental code compliance services, supplemental planning services, traffic/parking consulting services, water quality services, and wireless telecommunication facilities consulting services. The City is requesting services for a five-year term commencing July 1, 2025, through June 30, 2030. The City anticipates contracting with multiple firms in order to augment the City's professional capabilities and to provide high quality and timely expertise.
The City's designated staff will evaluate each proposal received. During the review process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarification from those who submit a proposal, or allow clarifications, corrections of errors or omissions.
The City reserves the right to retain all proposals submitted. Submission of a proposal indicates the Consultant's acceptance of the conditions contained in this RFP request, unless clearly and specifically noted in the qualifications submitted, and confirmed in the Agreement between the City and Consultants) selected.
The preparation of the proposal will be at the expense of the Consultant. There is no expressed or implied obligation for the City to reimburse responding Consultants for any expense incurred in the preparation or submission of proposal in response to this request. All proposals submitted to the City shall become property of the City and will not be returned, unless submitted late.
The City reserves the right to reject any or all proposals, in whole or part, to waive any informality in any qualification package, and to accept the qualification package which, in its discretion, is in the best interest of the City.
All proposals are due no later than 5:00 P.M. on Friday, May 9, 2025. Late submissions will not be accepted.
A. Addenda
All questions or clarifications shall be submitted via email to Hannah Tamaddon, Management Analyst, at [email protected] no later than 5:00 P.M. on Friday, April 11, 2025.
3 B. License Requirements
Consultants shall be authorized to conduct business in the State of California for the urposes) proposed in the submission. (If the Proposer is a limited liability company, ompliance with California Corporations Code Section 17701.04(e) and related statutes shall be required.)
II. SCOPE OF SERVICES
Consultant firms shall present a Statement of Qualifications for any number of the following service categories. Experience performing similar services for State and or local government agencies is required. In addition, all interested firms shall have sufficient, readily available resources in the form of trained personnel, support services, specialized consultants, and financial resources to carry out the services without delay or shortcomings.
A. Architectural Peer Review Services
The scope of services may vary as needs arise and will be at the discretion of the City. The request for services generally includes:
1. Peer review on the City's behalf of developer-submitted preliminary architectural plans (e.g., site plan, building elevation renderings, roof plans, visual simulations) for non-residential, multi-family, and mixed-use development projects (single-family homes are typically exempt from City design review). This would include consideration of the project's consistency with:
• The City's adopted design guidelines and objective design standards (scheduled for update in 2025);
• The surrounding environment; and
• Industry best practices and design principles for architectural expression and form.
Assessments would be expected to include, for example, analysis of proposed 'elationships to site layout, architectural design, height, bulk, mass, materials, colors lighting, signage, etc. This includes identifying, where applicable, areas of concern and providing suggestions for how to improve design.
2. Site visits) to review existing conditions/context and to ensure proposed building designs are compatible with and enhance the surrounding environment.
3. In-person meetings at City Hall may be necessary, including Planning Commission and/or City Council hearings.
4. Landscape review. The City utilizes existing third-party Consultants for most landscape plan reviews. Given the visual connectivity and influence of landscape design of outdoor areas on building architecture and a project's overall appearance, as an option, submitting Consultants) may also opt to include landscape plan review in conjunction with building architecture evaluation as a part of their RFP. 4 Desired qualities of interested Architects or Architectural Design firms include:
1. Ability to peer review and articulate findings regarding architectural expression, composition (massing, scale, height), materials and colors, spatial relationship with surrounding environment, shade/shadowing, and a project's overall aesthetic quality.
2. Thorough understanding of best practices and design principles for a range of architectural styles.
3. Design experience ranging from modest retail center or apartment complex remodels to new major non-residential, multi-family, and mixed-use developments.
4. Comprehensive understanding of the process and the product of planning, designing, and constructing buildings or other structures.
5. Experience providing architectural peer review services for other public or private entities.
6. Ability to provide timely reviews with a high level of quality control.
7. Staff members with degrees and licenses in relevant design disciplines (e.g., architecture and engineering).
8. Ability to simplify and impart a general understanding of architectural concepts and technical terms to effectively communicate with staff, and potentially members of the City Council, Planning Commission, and the general public.
9. Strong interpersonal relations and communication skills.
B. CEQA/Environmental Review Services
The scope of services will vary as needs arise and will be at the discretion of the City. The request for services may include:
1. Prepare all environmental documents and notices in the manner required by California Environmental Quality Act (CEQA) and the City's CEQA Guidelines, including, but not limited to: Initial Studies; Draft Negative Declarations (NDs), Mitigative Negative Declarations (MNDs) and Environmental Impact Reports (EIRs); Final NDs, MNDs, and EIRs; and Notices of Preparation, Intent, and Determination.
2. As necessary, prepare any technical studies needed to complete the environmental review.
3. Prepare all notices and file with the Orange County Clerk and/or the State Clearinghouse.
4. Peer review of technical reports prepared by other consultants, including, but not limited to: air quality studies, cultural resources surveys, biological assessments, geotechnical reports, traffic impact reports, visual impact analyses, noise studies, and hydrological studies.
5. Prepare supporting documentation for CEQA exemption determinations.
6. The consultant may also be asked to assist City staff in updating the City's CEQA Guidelines.
7. The consultant may be asked to attend public meetings and would be expected to respond directly to environmental issues raised by City Council, commissions, or the public.
5 Desired qualities of interested CEQA/Environmental Review firms include:
1. Ability to simplify and impart a general understanding of technical concepts to commissions, the City Council, and the public at public meetings.
2. Hands-on experience with general plans and municipal planning and zoning.
3. In-house resources to deal with a wide range of technical, legal, and policy issues.
4. Strong interpersonal relations and communication skills.
C. Economic Development Services
The scope of services may vary as needs arise and will be at the discretion of the City. The request for services may include:
1. Assess economic development opportunities through the market/fiscal perspective.
2. Develop methodologies to assist existing businesses.
3. Develop methodologies to attract new businesses.
4. Provide graphic design, marketing, photography and/or videography services on an ongoing and/or project specific basis.
5. Development of advertisements, infographics (ex. data visualization, process diagrams), logos (for events, projects, and initiatives), social media graphics, promotional items, and public education materials.
6. Filming, drone work, post-production, and storyboarding for various marketing and
7. Creation of activity guides, business resources, newsletters (ex. Economic Development Newsletter), pamphlets, brochures, flyers, signage, and website content.
8. Support for City-sponsored initiatives, community events, and the City's Featured Business Program.
Desired qualities of interested Economic Development consultants include:
1. Strong knowledge of local and regional economic trends.
2. Experience working with municipalities on business retention and attraction.
3. Ability to develop data-driven economic strategies.
4. Strong stakeholder engagement and facilitation skills.
5. Firms must be capable of delivering high-quality creative solutions that align with the City's branding, messaging, and strategic outreach objectives.
D. Electronic Document Imaging and Storage Maintenance Services The scope of services will vary as needs arise and will be at the discretion of the City. The request for services may include:
1. Digitization and indexing of physical documents, including but not limited to preparing files for scanning, creating files and appropriate data fields in the required format, scanning files, and delivering the digital/physical files and/or destroying the files per the city's retention policy
6 2. Integration with existing electronic document management system (Laserfiche)
3. Ongoing maintenance, organization, and quality control of digital records
4. Compliance with local, state, and federal records retention policies
5. System upgrades and software recommendations
Desired qualities of interested firms/consultants include:
1. Expertise in municipal document management solutions.
2. Strong understanding of records retention laws.
3. Experience with cloud-based and on-premises storage solutions.
4. Ability to provide training for staff on best practices.
E. Governmental Affairs
The scope of services may vary as needs arise and will be at the discretion of the City. The request for services may include:
1. Monitoring and analyzing state and federal legislative changes.
2. Advocating on behalf of the City for funding and policy initiatives.
3. Coordinating with regional and state agencies for grant opportunities.
4. Representing the City at legislative meetings and hearings.
5. Advising on intergovernmental relations and regulatory compliance.
Desired qualities of interested Governmental Affairs firms/consultants include:
1. Experience in municipal government affairs and policy advocacy.
2. Strong relationships with legislative bodies and regulatory agencies.
3. Ability to translate policy changes into actionable strategies.
4. Proven track record of securing funding and legislative support.
F. Grading/Geotechnical Review Services
The scope of services may vary as needs arise and will be at the discretion of the City. The request for services may include:
1. Geotechnical Third-Party Review:
• Review of reports and documents submitted for Building, Grading, and Planning/Entitlement permitting.
• Attend meetings with applicants and project teams to discuss review comments
2. Grading Permit Processing and Review:
• Process permit applications, including accepting submittals, and coordinating permit paperwork (i.e., contractor license data, bonds, insurance documents, etc.).
• Coordinate with Building Department staff when preliminary grading permits are closed or when foundation permits may be issued.
7 • Work with applicants, civil engineers, and project design teams to address plan check comments and application requests.
3. Grading Plan Check Services, including:
• Verify projects are prepared and plans are designed in compliance with current Building Code, City Grading Code, Water Quality regulations, and industry standards.
4. Grading Permit Inspections:
• Coordinate and schedule inspection requests.
• Perform on-site inspections.
• Verify field paperwork is adequate.
5. Storm Water Pollution Prevention Plans (SWPPP) and Water Quality Management Plans (WQMP):
• Review erosion control plans, SWPPPs, and WQMPs concurrently with grading plan reviews.
• Schedule and provide on-site inspections to verify contractor SWPPP practices are implemented per the General Permit.
6. Miscellaneous Tasks:
• Emergency services.
• Meeting attendance (Planning Commission, City Council, staff meetings). • Structural third-party review.
• Advise on preparation of new or revised City Standards or Codes. • Develop minimum submittal requirements based on geotechnical conditions and experience within the City.
Desired qualities of interested Grading/Geotechnical Review consultants include:
1. Licensed geotechnical engineers with municipal experience.
2. Expertise in soil mechanics, seismic considerations, and erosion control.
3. Strong understanding of state and local grading regulations.
4. Ability to provide timely reviews and clear technical guidance.
G. Grant Management Services
The scope of services may vary as needs arise and will be at the discretion of the City. The request for services may include:
1. Identifying and tracking relevant grant opportunities.
Preparing and submitting grant applications.
Monitoring compliance and reporting for awarded grants. . Coordinating with state and federal agencies on funding requirements.
Providing financial and programmatic oversight of grant-funded projects.
Desired qualities of interested Grant Management consultants include:
1. Proven success in securing and managing grants for municipalities.
2. Knowledge of federal, state, and local funding sources. 8 3. Strong grant writing, compliance, and financial management skills.
4. Experience coordinating interdepartmental efforts for grant administration.
H. Housing Consulting Services
The scope of services may vary as needs arise and will be at the discretion of the City. The request for services may include:
1. Review and evaluate current City affordable housing agreements for existing residential developments.
• Prepare annual income, rent limit, and utility allowance charts for residential developments under City affordable housing agreements.
3. Collecting and verifying monitoring documents and certifications from property owners/managers for residential development with a City affordable housing agreement. This documentation includes collecting tenant data for each restricted unit, including, but not limited to:
• Unit address and rental unit number.
• Fixed or floating unit designation.
Tenant name, lease date, rent increases, and move-in/move-out dates.
Household composition (names, ages, occupations, ethnicity, and gender of each head of household).
• Household income, assets, and, applicable deductions. • Maximum rent, rent paid, and utility allowance (basic and energy efficient). • Section 8 voucher status and housing assistance payment amounts.
4. Applying affordable housing program regulations to assess project compliance with governing agreements/restrictions.
5. Maintaining updated electronic files for each monitored project to document and track compliance status. Issue Notices (i.e., Reminder Notices, Late Notices, Non- Compliant Notices, miscellaneous program correspondence, and track notices sent).
6. Providing customer service to property owners and managers by establishing and maintaining a good working relationship and offering training as needed.
7. Preparing the City with a monthly status and compliance reports with supporting documentation (i.e., Certificate of Continuing Program Compliance or Occupancy Summary Report).
8. Conducting income certification and tenant approval upon move-in.
9. Working with City staff to develop and implement guidelines and processes for the sale of affordable housing. This would include working with developers, lenders, and the City to provide the necessary affordable housing agreements) and working with potential homeowners to determine their qualifications and understanding of the restrictions and terms of any assistance provided by the City.
10. Assisting City staff, tenants, and property owners in Section 8 conversions.
11. Researching and advising on the use of City funds for home rehabilitation programs, including guideline development and working with homeowners, contractors, and building department staff.
12. Assisting City staff in the design and implementation of a first-time homebuyer program.
9 13. Meeting with potential developers or nonprofit agencies to determine assistance options, guidelines, and restrictions for a first-time home purchase program. Once program guidelines are in place, perform initial qualification of potential buyers, escrow/title activities, and coordination.
14. Providing research and guidance on inclusionary housing components in rental developments, including developing guidelines and working with property management and tenants to maintain the compliance of these units.
15. Assisting City staff in purchasing affordable housing development, developing program guidelines, and working with homeowners/tenants.
Desired qualities of interested Housing Consultants include:
1. Expertise in municipal housing policies and funding programs.
2. Strong knowledge of state and federal housing laws.
3. Ability to manage complex housing projects and stakeholder coordination.
I. Land Management Systems Services
The scope of services may vary as needs arise and will be at the discretion of the City. The request for services may include:
1. System Configuration:
• Provide feedback and support on solutions options available in EPL to migrate current LMS capabilities by incorporating known system functionality and client experiences.
Provide feedback and support in City-owned build and configuration activities based for back-office and online portal configuration including case type development, workflow templates, Citizen Access, etc.
2. Forms and Reports Design and Development:
• Provide report development feedback and support of City-assigned non-standard forms and statistical reports. This includes existing out-of-the-box forms and reports that require edits as well as custom forms and reports.
3. Data Conversion Services:
• Provide feedback and support of the City's data conversion activities during the EPL implementation project's data conversion passes.
4. Other Project Activities:
• LMS implementation, advisory, enhancement, and development services • Configuration of online CSS Case types (workclasses)
Desired qualities of interested LMS firms/consultants include:
1. Experience with municipal land management software solutions.
2. Strong IT and system integration capabilities.
3. Understanding of permitting, planning, and development workflows.
4. Ability to provide ongoing system maintenance and updates. 10 J. Supplemental Code Compliance Services
The scope of services will vary as needs arise and will be at the discretion of the City. The request for services may include:
1. On-call Code Enforcement services, including after hours and weekends.
2. Conduct inspections and re-inspections to identify and enforce violations of the City's Municipal Code and other applicable regulations.
3. communication with residents, business representatives, and other parties to explain the nature of any observed violations and encourage compliance with City codes and regulations.
4. Issue notices, letters, citations and warrants as necessary to achieve code compliance.
5. Document all relevant information related to code enforcement investigations and cases in the City's EPL code enforcement database, including, but not limited to, inspections, photographs, notes, and correspondence.
Coordinate with City departments on cases related to code enforcement.
7. Prepare reports for cases requiring legal action or civil abatement.
8. Meet with legal counsel and provide testimony in criminal cases.
9. Work with management staff to assess and refine the code enforcement program.
10. Perform other code enforcement-related functions as needed.
Desired qualities of interested code compliance firms include:
1. Ability to work independently.
2. Knowledge of basic code enforcement processes and procedures.
3. Strong interpersonal relations and communication skills.
4. Ability to simplify and impart an understanding of the Laguna Niguel Municipal Code (LNMC) to the public.
5. Ability to document cases through written and electronic means.
Familiarity with standard office software and mobile devices.
K. Supplemental Planning Services
The scope of services may vary as needs arise and will be at the discretion of the City. It is anticipated that the selected on-call planning consultant would provide services on an as- needed basis, should City workloads exceed current staffing levels or in the event of staff vacancies. The request for services may include (summarized into two general categories):
Project Planning: This task would involve providing on-call planning services for entitlement processing, advanced planning, and discretionary case environmental review, including but not limited to, the following:
1. Process various types of land use entitlement applications through the City's review process and prepare recommendations for action by City staff, Planning Commission, and/or City Council.
Coordinate interdepartmental discretionary review of entitlement applications. 11 Review applications and proposed projects and prepare documents as needed for compliance with the CEQA.
• Process General Plan Amendments and Zoning Code Amendments as needed. • Represent the City at various agency and organizational meetings as needed. • Attend meetings of the City Council, Planning Commission, City staff, public officials, community leaders, developers, contractors and the general public as directed.
• Assure that files and plans are secured, organized, and kept up-to-date in accordance with City record-keeping policies.
• Generate monthly status reports.
• Conduct inspections for approved planning projects as needed. • Monitor and evaluate implementation of conditions of approval as needed.
Counter Coverage: This task would involve providing on-call planning services to staff the public counter, including but not limited to, the following:
1. Provide general planning information to the public. The City's public information counter is open from 8:00 a.m. to 4:00 p.m. Monday through Friday.
2. Review and process ministerial planning applications, including, but not limited to, planning review of building permits, sign permits, zoning confirmation letters, and special event permits.
Desired qualities of interested planning firms include:
1. Qualified planners with experience in municipal government.
2. Strong knowledge of local zoning codes and land use policies.
3. Ability to work collaboratively with City staff and the public.
4. Flexible availability for short-term or long-term assignments.
L. Traffic/Parking Consulting Services
The scope of services will vary as needs arise and will be at the discretion of the City. The request for services may include:
1. Preparation of traffic studies (intersection and roadway capacity analyses, vehicle miles traveled assessments, traffic circulation plans, analysis of access and circulation for land uses, intersection and street improvement plans, etc.).
Preparation of parking studies (parking demand, parking plans, parking facility layout, parking facility access and circulation, etc.).
Peer review on the City's behalf of traffic and/or parking studies prepared by a project applicant's consultant for a private development.
The consultant may also be asked to assist City staff to develop thresholds for traffic impacts and may be asked to assist in policy development. The consultant may be requested to attend in-person meetings for certain projects. The consultant may be asked to attend public meetings and would be expected to respond directly to issues raised by City Council, commissions, or the public.
12 Desired qualities of interested Traffic/Parking firms include:
1. Ability to simplify and impart a general understanding of technical concepts to the City Council, commissions, and the public at public meetings.
2. Understanding of community-based traffic and parking issues.
3. Hands-on experience working with CEQA documents.
. Hands-on experience with general plans and municipal planning and zoning.
In-house resources to deal with a wide range of technical, legal, and policy issues.
6. Strong interpersonal relations and communication skills.
M. Water Quality Services
The scope of services will vary as needs arise and will be at the discretion of the City. The request for services may include:
1. Verify storm-drain inlet labeled for all on-site storm water inlets.
2. Review facilities for illicit connections or illegal discharges.
3. Inspect all on-site storm drain conveyance structures to verify maintenance/repair/upkeep.
4. HOA inspections as needed. Inspect common areas and very all required BMPs re operational and maintained as necessary. Meet with HOA staff to review required BMP's as needed/requested. Inspections of HOA v-ditches, storm drains for compliance as requested.
5. Private Property WQMP Site Inspections:
• Conduct field-based verification of WQMP Sites to verify and record the status of treatment control devices (e.g., modular wetlands, biofiltration basins) and non- structural BMPs (e.g., storm drain stenciling).
Prepare inspection notification letters and generate inspection reports with photographs.
• Verify BMP implementation and maintenance status.
6. Notices of Non-Compliance and Follow-Up Inspections:
• Issue non-compliance letters, conduct follow-up inspections, and ensure corrective actions are implemented.
• Work with City Code Enforcement Officers for follow-up.
Desired qualities of interested water quality firms include:
1. Ability to work independently.
Knowledge of the San Diego Regional MS4 Permit and requirements.
3. Strong interpersonal relations and communication skills.
4. Ability to simplify and impart an understanding of NDES and water quality concepts to the public.
5. Ability to document inspections through written and electronic means.
6. Familiarity with standard office software and mobile devices. 13 N. Wireless Telecommunication Facilities Consulting Services The scope of services may vary as needs arise and will be at the discretion of the City. The request for services may include:
1. Wireless Siting Application Reviews: at the City's request, Consultant will review wireless siting applications and provide the City with a written analysis (each a "Memorandum").
2. Memorandum Content: Each Memorandum will evaluate the application completeness; actual or planned compliance with federal radio frequency exposure guidelines established by the Federal Communications Commission; and any technical or regulatory issues pertaining to wireless facilities siting specifically requested by the City.
3. Evaluations: Depending on the nature of the particular proposal, the Memorandum may also evaluate the following:
• Applicability and/or compliance with applicable federal and state regulations for Whether the application involves a "significant gap" in the applicant's service; Whether the applicant proposes the "least intrusive means" to achieve the applicant's stated technical objectives;
Compliance with applicable municipal code regulations;
Potentially feasible or available alternative locations and/or designs; and/or any other issues that Consultant, in its expert experience and opinion, finds relevant or helpful to the City's review.
Desired qualities of interested wireless telecommunication facilities firms include:
1. Expertise in telecom regulations and municipal permitting.
2. Experience working with wireless carriers and local agencies.
3. Strong technical understanding of wireless infrastructure.
4. Ability to balance industry needs with community aesthetics and safety.
The above items are not intended to be exclusive; other services may be sought as the needs arise. The RFP does not need to include a fee proposal for any of these specific tasks. Fee proposals for individual tasks would be requested during the course of the on-call contract. 14 Ill. ITEMS FOR INCLUSION IN PROPOSAL
Proposal submittals are to include the following:
• Cover Letter. Describe your firm's interest and commitment in providing the equested services to the citv.
equested services to the city this reted ema addres the learname of copean.
The letter is to be signed by a person authorized to negotiate a contract with the City. • Brief Description of Firm. Provide information regarding the staffing (include an organization chart) and general overview of the qualifications and experience of the firm as they relate to the particular consulting services requested • Project Management Team. Identify the project manager and other key personnel who will be involved with providing consulting services. Provide the qualifications of team members and discuss their related work experience. Key staff substitution will be allowed only after prior written consent of the City. If any sub-consultants are to be employed, summarize their role as well as their qualifications. • Detailed Work Plan. Describe your work plan for approaching and completing professional services to meet City needs and requirements. Consultants are invited to submit variations and additional elements to the work scope they feel may enhance the project outcomes.
• Experience Relative to City Needs. A summary of similar consulting services or professional experience related to the scope of services and desired attributes and competencies summarized above. References from clients for recent similar or related work are desirable. If the firm has done prior work for the City, those projects or other services provided are to be identified.
• Rate Schedule. Provide the most current rate schedule that includes the rates of all applicable staff that may be assigned to the City. If applicable, also include overtime hourly rates, mileage costs and pricing for any additional billing requirements. Hourly rates quoted at the commencement of any specified project shall remain valid throughout the duration of that particular project. Prospective proposers may submit a rate schedule that reflects different rates in each year for the extent of the term in the on-call professional services agreement.
Other Relevant Information and Exceptions. Provide additional relevant information that may be helpful in the selection process including any exceptions taken to the City's standard On-Call Professional Services Agreement (Attachment A). 15 IV. PROPOSAL SUBMISSION
If you wish to be considered for providing the services outlined above, please submit three (3) original bound copies of your proposal and one (1) digital copy (PDF on USB flash drive) to the address below. Proposals must be received by 5:00 p.m. on Friday, May 9, 2025. Late City of Laguna Niguel
Community Development Departmen
lannah Tamaddon, Management Analys
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Please address any questions pertaining to this RFP, or the selection process to Hannah Tamaddon, Management Analyst, by phone at (949) 362-4315 or by email at [email protected]. Thank you in advance for your consideration.
V. EVALUATION PROCESS AND CRITERIA
A Selection Committee comprised of City staff will review and evaluate all proposals received by the submittal deadline to determine the firm or firms that will best be able to meet the needs of the City. During the review process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarification from those who submit a proposal, or allow clarifications, corrections of errors or omissions. Any and all changes in a proposal will be made by written addendum. The review will be based on factors listed above, including the following:
Qualifications, staffing, background and prior experience of the consulting firm (especially the project manager and key personnel).
• Approach and understanding of the work to be performed as outlined in this RFP. • Cost to provide requested services.
• Clarity and conciseness in responding to the RFP. Considerations will also include the Consultant's ability to provide additional relevant information.
After discussion and ranking by the Selection Committee, one or more firms may be selected to enter negotiations for a contract. If necessary, and at the sole option of the City, an alternative procedure may be to invite the top firms to an interview prior to the final selection.
If the City selects this approach, sufficient time will be given to the consultants to prepare an appropriate presentation and to coordinate schedules. A copy of the City's standard On-Call Professional Services Agreement is included for your review (Attachment A). 16 VI. TENTATIVE SCHEDULE
The City has established the following target dates for evaluation and scheduling purposes.
The following dates are tentative, non-binding, and are subject to change without prior notice.
MILESTONE DATE
RFP Issued Tuesday, March 25, 2025
Due Date for RFP Questions Friday, April 11, 2025, 5:00 P.M.
Proposal Due Date Friday, May 9, 2025, 5:00 P.M.
Optional Consultant Interview(s) May 12-16, 2025
[Award of Professional Service Agreements) On or about Tuesday, June 3, 2025 Effective Date for On-Call Professional Services July 1, 2025 - June 30, 2030 Agreement
Attachment:
A. Standard On-Call Professional Services Agreement
ATTACHMENT B
Standard On-Call Professional Services Agreement (PSA)
AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
THIS AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES ("Agreement") is made and entered into _ by and between CITY OF
LAGUNA NIGUEL, California municipal corporation ("City") and ("Consultant"). City and Consultant may be referred to individually as "Party" or collectively as "Parties."
RECITALS
The City desires to contract with selected professional consultants to provide on- all professional services to support the Community Development Department in the following category:
B. The City circulated a (Statement of Qualifications/Request for Proposals) for the above-described professional services on
C. Consultant submitted a proposal to City to provide the above-described professional services dated
D. City Staff has reviewed all the proposals and after considering the demonstrated competence of Consultant, the professional qualifications of Consultant, and the fairness and reasonableness of Consultant's proposed cost, staff has determined that an agreement to provide the required services on an on-call basis should be awarded to Consultant.
E. The City and Consultant each desire to enter into an agreement for the above- described professional services to be provided to City by Consultant on an on-call basis.
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:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of On-Call Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide, on an on-call basis, those services specified in the "Scope of On-Call Services" attached hereto as Exhibit A and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants: a) all services set forth in the Scope of On-Call Services will be performed in a competent and satisfactory manner; b) all materials used for services will be both of good quality as well as fit for the purpose intended; and, c) Consultant shall follow the highest professional standards and practices in performing the -1-
services required hereunder. Services to be actually performed by Consultant for City shall be established on a project-by-project basis through a separate written amendment to this Agreement (each such amendment may be referred to herein as a "Specific Services Amendment"). Upon request by City, Consultant shall provide a detailed project proposal, with pricing no greater than the fees and rates provided for in Exhibit A to this Agreement. Consultant shall not commence work for any given project until both: a) execution by Parties of a written Specific Services Amendment to this Agreement specifying, for the given project, the services to be provided, compensation for those services, and a performance schedule for those services; and, b) receipt from City of a written notice to proceed issued pursuant to said executed Specific Services Amendment.
1.2 Consultant's Proposal and City's SOQ/RFP. Consultant's proposal for this Agreement referenced in the above recitals ("Consultant's Proposal") shall be incorporated herein by this reference as though fully set forth herein. City's Statement of Qualifications referenced in the above recitals ("City's SOQ/RFP) shall be incorporated herein by this reference as though fully set forth herein. The Scope of On-Call Services specified in Exhibit A shall include the scope of services or work included both in Consultant's Proposal as well as in City's SOQ/RFP.
In the event of any inconsistency or any conflict between the terms of Consultant's Proposal (for scope of services or work, or schedule of performance), and the terms of City's SOQ/RFP (for scope of services or work, or schedule of performance), the Consultant's Proposal shall govern, unless this Agreement provides otherwise. In the event of any inconsistency or any conflict between the terms of Consultant's Proposal, and this Agreement or any amendment hereto, the terms of this Agreement or any amendment hereto, respectively, shall govern. No other terms and conditions from Consultant's Proposal, other than description of scope of services or work, as well as description of schedule of performance, shall apply to this Agreement, unless specifically agreed to by City in writing.
1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of City and any federal, State or local governmental agency having jurisdiction in effect at the time services are rendered.
City, and its elected and appointed officers, employees, agents, designated volunteers, attorneys, successors and assigns shall not be liable at law or in equity for failure of Consultant to comply with this Section.
1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain and maintain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
Additional Services and Compensation. Consultant hereby acknowledges that it accepts the risk that the services to be provided on an on-call basis pursuant to the Scope of On- Call Services, in consideration for the fees and rates provided for in the Schedule of Compensation referenced in Section 2.1 below, may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may -2-
in its sole and absolute discretion have similar work done by other consultants.
1.6 Familiarity with Work. By executing this Agreement, Consultant represents and warrants Consultant: a) has thoroughly investigated and considered services to be performed, b) has carefully considered how services should be performed, and c) fully understands the facilities, difficulties and restrictions attending performance of services under this Agreement.
Software and Computer Services. If the Scope of On-Call Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it is familiar with and/or has inspected City's current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of City. Consultant acknowledges that City is relying on this representation by Consultant as a material consideration in entering into this Agreement.
1.8 Prevailing Wages. If services include any "public work" or "maintenance work," as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seg. and 1810 et seq., and all other applicable laws. To the maximum extent permitted by law, Consultant's obligations in Section 5.3 (Indemnification) expressly apply to acts or omissions arising out of, or incidental to, the payment of prevailing wages by any person or entity (including Consultant, its subcontractors, and each of their officers, employees and agents) in connection with any services, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant pursuant to this section shall survive termination of the Agreement.
1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit A and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit A and any other provisions of this Agreement, the provisions of Exhibit A shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Compensation for Services. Compensation for each project performed hereunder shall be determined by a Specific Services Amendment specifying a not-to-exceed contract sum for the specific project. Fees and rates to be charged by Consultant for services provided for in all Specific Services Amendments are specified in the "Schedule of Compensation," attached hereto as Exhibit A and incorporated herein by this reference, and such fees and rates are not subject to increase during the initial term of the Agreement. After the initial term of the Agreement, fees and rates may only be increased both pursuant to Section 9.4 as well as subsequent to negotiation between the Parties on a reasonable increase. The maximum of such increase shall be no greater than the CPI increase (Orange County area for the applicable period of time. City has no obligation or duty to provide any such increase. Compensation may include reimbursement, for actual and necessary expenditures, if both specified in either the Schedule of Compensation or the applicable Specific Services Amendment, as well as approved by City in advance. The not-to- exceed contract sum specified in any Specific Services Amendment shall include the attendance -3-
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.
Invoices. Unless some other method of payment is specified in Exhibit A, Schedule of Compensation, in any month in which Consultant wishes to receive payment, no later than the first business day of such month, Consultant shall submit to City, in a form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of this Agreement. Except as provided in Sections 7.3, 7.4 and 7.5, City shall pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and City will use its best efforts to make payment no later than forty-five (45) days, from the submission of an invoice in an approved form. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. Each invoice is to include (unless otherwise specified by City): 1) line items for all personnel describing the work performed, the number of hours worked, and the hourly rate; 2) line items for all materials and equipment properly charged to the services; 3) line items for all other approved reimbursable expenses claimed, with supporting documentation; and 4) line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the services.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until June 30, 2025. The term of this Agreement may be extended administratively (with total cumulative extension no greater than two years, by the City pursuant to Section 9.4 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.
Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in both the "Schedule of Performance" attached hereto as Exhibit A and incorporated herein by this reference, as well as the Specific Services Amendment.
3.4 Force Majeure. The time period(s) specified in the Schedule of Performance and the Specific Services Amendment for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to un foreseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, (with the express exception of delays arising from the impact of COVID- 19 and its variants to the extent such impact is foreseeable or should have reasonably been -4-
foreseeable), if Consultant shall within ten (10) days of the commencement of such delay notify City in writing of the causes of the delay. City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of City such delay is justified. City's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of this Agreement pursuant to this Section.
ARTICLE 4. COORDINATION OF WORK
4.1 Consultant Representative. The Consultant Representative is ([title, work phone number and work emaill), 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 Agreement. Therefore, the representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the representative may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City.
4.2 City Representative. The City Representative is such person as designated by the City Manager or her designee. The City Representative shall be the primary person on behalf of City responsible for the administration of the Agreement. It shall be Consultant's responsibility to assure that the City Representative is kept informed of both the progress of the performance of the services as well as any decisions which must be made by City.
4.3 Approvals from City. City approvals or actions, pursuant to the authority of this Agreement, may be made (unless otherwise specified) either by the City Manager, the Community Development Director, or by the City Representative (or by their respective delegates as provided for in writing).
4.4 Independent Contractor. Neither City, nor any of its officers, employees or agents, shall have any control over the manner or means by which Consultant, or its officers, employees, agents or subcontractors, perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it, or any of its officers, employees, agents or subcontractors, are officers, employees or agents of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant represents and warrants that the personnel used to provide services to City pursuant to this Agreement shall at all times be under Consultant's exclusive control and direction.
No City employee benefits shall be available to Consultant, its officers, employees, agents or subcontractors, in connection with the performance of this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, agents or subcontractors, for injury or sickness arising out of performing services hereunder. In the event that Consultant or -5-
any officer, employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees' Retirement System, to be classified as other than an independent contractor for City, then Consultant shall indemnify, defend, and hold harmless City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to City as a consequence of, or in any way attributable to, the assertion that Consultant, or any officer, employee, agent, or subcontractor Consultant used to provide services under this Agreement, is/are employees of City.
Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Therefore, without express written approval of City, Consultant shall not contract with any other entity to perform in whole or in part services required hereunder without express written approval of City, and neither this Agreement nor any interest herein may be transferred or assigned. No approved transfer shall release Consultant, or any surety or insured of Consultant, of any liability hereunder without express written consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. Prior to commencement of any services under this Agreement, and without limiting Consultant's indemnification obligation to City, Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the Agreement, primary policies of insurance of the type and amounts below, issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by City, which shall cover all elected and appointed officers, employees, agents, designated volunteers, attorneys, successors and assigns of City. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. (a) Commercial General Liability Insurance. A policy of commercial general liability insurance, with coverage at least as broad as Insurance Services Office ('ISO"') form CG 00 01, written on a per occurrence basis for bodily injury, personal injury and property damage. Defense costs must be paid in addition to limits. Coverage for an additional insured shall not be limited to its vicarious liability. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate.
(b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Consultant in the course of carrying out the work or services contemplated in this Agreement.
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(c) Automobile Liability. A policy of comprehensive automobile liability insurance, at least as broad as ISO form CA 00 01, written on a per occurrence basis covering bodily injury and property damage in an amount not less than $1,000,000 combined single limit for each accident. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to Consultant's profession. This coverage may be written on a "claims made" basis and must include coverage for contractual liability. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of City submit written evidence of this continuous coverage. Limits shall be no less than $1,000,000 per claim and no less than $1,000,000 general aggregate. (e) Cyber Liability. Cyber liability insurance appropriate to Consultant's profession and the services hereunder, written on a per occurrence basis, with limits not less than $1,000,000 per occurrence/loss, and $2,000,000 in the aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations undertaken by Consultant pursuant to this Agreement and shall include, but not be limited to, claims involving: infringement of intellectual property; copyright; trademark; invasion of privacy violations; data breach; electronic information theft, loss, damage, destruction, alteration or misuse; release of private information; extortion; and, network security. The policy shall provide coverage for breach response costs, regulatory fines and penalties, and credit monitoring expenses, with limits sufficient to respond to these obligations.
Excess Liability and Umbrella Liability Insurance. Excess liability insurance and/or umbrella liability insurance may be used to satisfy the obligations herein. If excess liability insurance is used then the policy shall meet all the requirements herein and be at least as broad as the primary coverages set forth herein. Such policy shall: 1) include a drop down feature requiring the policy to respond if primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; 2) be payable on behalf of wording as opposed to reimbursement; 3) have concurrency of effective dates with primary policies; 4) "follow form" to the underlying primary policies; and, 5) provide insureds, under primary policies required herein, shall be insureds under the excess liability policy.
Subcontractors. In the event Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, Consultant shall either: 1) include each subcontractor as insureds under its policies of insurance required herein; or, 2) Consultant shall, upon request of City, furnish to City all documentation, required in Article 5 for Consultant, for each subcontractor. All coverages for subcontractors shall include all of the requirements herein.
5.2 General Insurance Requirements.
(a) Proof of Insurance, Enforcement and Notice. No work or services under this Agreement shall commence until both Consultant has provided City with insurance -7-
certificates, endorsement forms and appropriate insurance binders evidencing the above insurance coverages, as well as said documentation is approved by City. City reserves the right to inspect complete, certified copies of, and endorsements to, all required insurance policies, at any time.
Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. In the event any insurance policy required under this Agreement is cancelled or amended (and the insurance policy is not replaced pursuant to subsection (b) below), or does not comply with Article 5, then: 1) City has the right but not the duty to obtain insurance required herein and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Agreement, and that involve or may involve coverage under any of the required insurance policies. (b) Cancellation/Amendment. All of herein required policies of insurance shall provide the insurance may not be amended or cancelled by insurer or any Party hereto without providing thirty (30) calendar days prior written notice (with exception of ten (10) calendar days prior written notice for nonpayment of premium) to City. In the event any of said policies of insurance are amended or cancelled, Consultant shall, five (5) business days prior to the cancellation date, submit new evidence of insurance, or reinstatement of policy, in conformance with this Agreement to City.
(c) Additional Insureds. The commercial general liability policy provided for in Section 5.1(a) and the automobile liability policy provided for in Section 5.1(c) both shall name City and its elected and appointed officers, employees, agents and designated volunteers ("City Parties") as additional insureds and such coverage shall contain no special limitations on the scope of protection afforded to City and City Parties. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability, and policies of insurance shall not contain any cross-liability exclusions.
Primary, Subrogation, Contribution and Coverage. All of the above policies of insurance shall be primary insurance. The insurers (with exception of professional liability insurer) for above policies, Consultant and any subcontractors are all deemed hereof to waive all rights of subrogation and contribution they may have against City or City Parties, and their respective insurers, and all insurance policies required herein shall be endorsed to waive such rights. Any insurance maintained by City or City Parties will apply in excess of, and not contribute with, Consultant's insurance. If Consultant maintains broader coverage and/or higher limits than the minimum amounts provided herein, City requires and shall be entitled to the broader coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City and City Parties.
None of the coverages required herein will be in compliance with this Agreement if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Requirements of specific coverage features or limits contained herein are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any Party or insured to be -8-
all inclusive, or to the exclusion of other coverage, or a waiver of any type. (e) Limitations, Self- Insured Retention and Deductibles. Consultant agrees that requirements of Article 5 shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant's activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant's indemnification liabilities as provided in Section 5.3. All insurance policies must specify that where the primary insured does not satisfy any self-insured retention, any additional insured may satisfy the self-insured retention (without impairment of obligation of primary insured under this Agreement to satisfy any self- insured retention). Any deductibles or self-insured retentions must be declared to and approved by City. At City's option, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City and City Parties, or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, attorney's fees, defense expenses and claims.
5.3 Indemnification.
General Obligations. Consultant agrees, to the full extent permitted by law, to immediately indemnify, defend and hold harmless City and its elected and appointed officers, employees, agents, designated volunteers, attorneys, successors and assigns (each an "Indemnitee" and collectively, "Indemnitees") against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages or injuries to persons or property, demands, expenses, losses, costs, penalties, obligations, errors, omissions or liabilities of any kind that may be asserted or claimed by any person, firm or entity arising out of, pertaining to, incident to or in connection with any alleged acts, errors or omissions of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (each an "Indemnitor" and collectively, "Indemnitors") in connection with the performance of Consultant's Services, or arising from Indemnitors' reckless or willful misconduct, or arising from Indemnitors' negligent performance of or failure to perform the work, operations or activities provided herein, or any term, provision, covenant or condition of this Agreement, with such negligence or failure to perform to be determined by the City (herein "Claims or Liabilities"), and in connection therewith: 1) Consultant will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of Indemnitees will reimburse and pay for all costs and expenses, including legal costs and attorneys' fees, incurred by Indemnitees in connection therewith; and, 2) Consultant will promptly pay and satisfy any judgment, award or decree rendered against Indemnitees, and reimburse Indemnitees for the cost of any settlement paid by Indemnitees, for any such Claims or Liabilities, and will save and hold Indemnitees harmless therefrom.
(b) Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Consultant and shall survive termination of this Agreement.
Consultant shall incorporate similar indemnity agreements as provided herein with its subcontractors, and if Consultant fails to do so Consultant shall be fully responsible to indemnify City hereunder therefor. Failure of City and/or City Parties (collectively "City" for solely this Section 5.3(b)) to monitor compliance with any of the indemnification provisions herein shall not -9-
be a waiver hereof. The indemnification provisions herein do not apply to claims or liabilities occurring as a result of City's sole negligence or willful misconduct, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnification provided herein includes Claims or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services hereunder. Payment of invoices by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Consultant and City, as to whether liability arises from the sole negligence or willful misconduct of City, Consultant will be obligated to pay for City's defense until such time as a final judgment has been entered adjudicating City as solely negligent or responsible for willful misconduct.
Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney's fees, expert fees and costs of litigation. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under Section 5.3 of this Agreement. Such offset, if any, does not satisfy any amount, greater than the offset, due to City from Consultant.
Professional Liability. When the law establishes a professional standard of care for Consultant's services, to the fullest extent permitted by law (within the limitations, as applicable, of Civil Code section 2782.8), Consultant shall indemnify, defend and hold harmless Indemnitees against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all Claims and Liabilities, consistent with all obligations provided for in this Section 5.3, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services under this Agreement.
ARTICLE 6. RECORDS, REPORTS AND RELEASE OF INFORMATION
6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder ("books and records") as shall be necessary to perform the services required by this Agreement and enable City to evaluate the performance of such services. Any and all such books and records shall be maintained also i adance ce bie egal menes or Labor hide section les ca, shall be comple, and detailed, and shall be readily accessible. City shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts. Such books and records shall be maintained either for a period of no less than three (3) years following completion of the services hereunder, or for such period of time as required by applicable law, whichever period of time is longer. City shall have access to such books and records in the event any audit is required. Consultant shall fully cooperate with City in providing access to any and all Consultant records and documents if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
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Reports. Consultant shall periodically submit written reports to City Representative concerning performance of services, upon request, and/or as necessary for City to be informed of both performance of services as well as any decisions which must be made by City.
Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials ("documents and materials") prepared (regardless of whether complete or incomplete) by Consultant, its officers, employees, agents and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of City and/or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership, use, reuse, or assignment of the documents and materials hereunder. Consultant may retain copies of such documents and materials under express condition that Consultant agrees such documents and materials are the sole property of City. All subcontractors shall provide for assignment to City of any documents and materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, with respect to any Consultant documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for City.
.4 Confidentiality and Release of Information. All information gained or work roduct produced by Consultant in its performance of this Agreement shall be considere confidential, unless such information is in the public domain. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from City. No news releases, including photographs, public announcements, or confirmations of the same, of any part of the work, shall be made without prior written authorization from City. Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from City or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.
Response to a subpoena or court order shall not be considered "voluntary" provided Consultant immediately gives City notice of such court order or subpoena. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct. As concerning, regarding or related to, in any way, this Agreement and the work performed thereunder: a) Consultant shall immediately notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party; b) City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding; and, c) Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant, however, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
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ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S.
District Court, venue shall lie exclusively in the Central District of California, Southern Division, in the County of Orange, State of California.
7.2 Suspension, or Termination, Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in Section 7.4 for termination for cause. City reserves the right to terminate or suspend this Agreement, or any portion hereof, at any time, for any reason, with or without cause, upon ten (10) days' notice to Consultant, except that where termination or suspension is due to the fault of Consultant, the period of notice may be such shorter time as determined by City. Upon receipt of any notice of termination or suspension, Consultant shall immediately cease all services hereunder, unless the notice provides otherwise, or except such as specifically approved by City. Upon submittal of an invoice consistent with Section 2.2, Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination or suspension and for any services authorized by City thereafter in accordance with the Schedule of Compensation and/or a relevant Specific Services Amendment, or such as may be approved by City, except as provided in Section 7.5. In event of termination, or suspension, without cause pursuant to this Section, there is no need to provide opportunity to cure pursuant to Section 7.3.
7.3 Default of Consultant and Opportunity to Cure. In the event that Consultant is in default under the terms of this Agreement (including without limitation the terms of any Specific Services Amendment), City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively ten (10) days, but may be extended, or reduced, if circumstances warrant, as determined by City. During the period of time that Consultant is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices, without liability for interest. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default by conclusion of noticed timeframe, City may immediately both terminate this Agreement and/or Specific Services Amendments) with notice to Consultant, as well as pursue the remedy in Section 7.4, without prejudice to any other remedy to which City may be entitled at law, in equity or under this Agreement. Any failure on the part of City to give notice of Consultant's default shall not be deemed to result in a waiver of City's legal rights or any rights arising out of any provision of this Agreement.
7.4 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.3, take over the work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the -12-
services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City therefor.
Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant's acts or omissions in performing or failing to perform Consultant's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.6 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement of this Agreement imposes no additional obligations on City nor does it waive any rights hereunder. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
7.7 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.8 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.9 Attorneys' Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees. Attorneys' fees shall -13-
include attorneys' fees on any appeal, and a Party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, consultants fees, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of City. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. City, in its sole discretion, shall determine the existence of a conflict of interest and may terminate this Agreement in the event such a conflict of interest exists upon sending Consultant written notice describing the conflict.
No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which affects their financial interest or the financial interest of any corporation, partnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1l Notices. Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, in the case of City addressed to Community Development Director at City of Laguna Niguel, 30111 Crown Valley Parkway, Laguna Niguel, CA 92677, and in the case of Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either Party -14-
may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement, headings used, or any other rule of construction which might otherwise apply.
Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties as to the Agreement.
It is understood that there are no oral agreements between the Parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all prior and contemporaneous negotiations, arrangements, agreements and understandings, if any, between the Parties, concerning this Agreement, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing, approved by City and Consultant, and consistent with the Laguna Niguel Municipal Code.
Severability. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 No Undue Influence. Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to remedies in Section 7.4 and any and all remedies at law or equity.
9.7 Corporate Authority. The persons executing this Agreement on behalf of the arties hereto warrant that (i) such Party is duly organized and existing, (il) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (ili) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement 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:
_ a
By:.
Name:
Title:
By:
Name:
Title:
Address:
wo corporate officer signatures required when Consultant is a corporation, with one signature required fron ach 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.
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EXHIBIT A
SCOPE OF ON-CALL SERVICES
SCHEDULE OF COMPENSATION
SCHEDULE OF PERFORMANCE
1. 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.
Consultant is available to perform services, described in Consultant's Proposal and City's SOQ/RFP (refer to Section 1.2 for conflicts), on an on-call basis.
III. City will compensate Consultant for the on-call services performed upon submission of a valid invoice, as described in Section 2.2.
IV. Consultant will be compensated for services provided under this Agreement in accordance with description in Consultant's Proposal. Fees and rates shall be no greater than the fees and rates specified in Consultant's Proposal as accepted by City.
V. Consultant shall perform all on-call services and deliver all work products timely in accordance with the schedule described in Consultant's Proposal and City's SOQ/RFP (refer to Section 1.2 for conflicts), and as applicable in accordance with the schedule.
ATTACHMENT C
Amendment No. 1 to On-Call PSA with 4LEAF, Inc.
AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
4LEAF, INC.
FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL
PROFESSIONAL SERVICES ("Amendment") is made and entered into July 1, 2025 by and between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and 4LEAF, Inc., a California Corporation ("Consultant"). City and Consultant may be referred to individuall as "Party" or collectively as "Parties."
RECITALS
The City and Consultant entered into an on-call professional services agreement on July 1, 2025 to provide on-call professional services ("Agreement"). The initial term of the Agreement terminates on June 30, 2030.
The City has requested supplemental code compliance, supplemental planning, CEQA/environmental review, and wireless telecommunication facilities consulting services on an as-needed multiyear basis from the Consultant pursuant to the terms of the Agreement.
C. The City and Consultant now desire to amend the Agreement in order to establish the amount of compensation for the provision of general on-call services as may be required by the City in an amount not to exceed $100,000 annually over the term of 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. General On-Call Services. Exhibit "A" of the Agreement is hereby amended to add Exhibit "A-1", attached hereto and incorporated herein by reference, in order to establish the total amount of compensation for the provision of general on-call services, not procured in connection with a specific project in an amount not to exceed One Hundred Thousand Dollars ($100,000) annually over the term of the Agreement.
2. Remaining Provisions. Except as specifically set forth in this Amendment No. 1, the remaining provisions of the Agreement shall continue in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement 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:
4LEAF, Inc., a California Corporation
By: _
Name:
Title:
By:
Name:
Title:
Address:
wo corporate officer signatures required when Consultant is a corporation, with one signature required fro ch te following gru: 1 Carperson o the Bard, President or any Vice President; and 2) Secretar ny Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313.
PPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REOUIRED BY THE BYLAWS
ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
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EXHIBIT "A-1"
GENERAL ON-CALL SERVICES
Consultant shall perform all Services under the Agreement at the rates and in the manner set forth in Exhibit "A". For the provision of general on-call Services not procured in connection with a specific project as may be required by the City, Consultant shall receive compensation, including authorized reimbursements, in an amount not to exceed One Hundred Thousand Dollars ($100,000) annually over the term of the Agreement.
ATTACHMENT D
Amendment No. 1 to On-Call PSA with Amber Gregg, Inc.
AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
AMBER GREGG, INC.
FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL
PROFESSIONAL SERVICES ("Amendment") is made and entered into July 1, 2025 by an etween CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and Ambe Cre, In, a Caiumia Collection Consties"). City and Consultant may be refered to
RECITALS
The City and Consultant entered into an on-call professional services agreement on July 1, 2025 to provide on-call professional services ("Agreement"). The initial term of the Agreement terminates on June 30, 2030.
The City has requested housing consulting services and supplemental planning services on an as-needed multiyear basis from the Consultant pursuant to the terms of the Agreement.
The City and Consultant now desire to amend the Agreement in order to establish the amount of compensation for the provision of general on-call services as may be required by the City in an amount not to exceed $150,000 annually over the term of 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. General On-Call Services. Exhibit "A" of the Agreement is hereby amended to add Exhibit "A-1", attached hereto and incorporated herein by reference, in order to establish the total amount of compensation for the provision of general on-call services, not procured in connection with a specific project in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000) annually over the term of the Agreement.
2. Remaining Provisions. Except as specifically set forth in this Amendment No. 1, the remaining provisions of the Agreement shall continue in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement 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:
Amber Gregg, Inc., a California Corporation
By:
Name:
Title:
By:
Name:
Title:
Address:
wo corporate officer signatures required when Consultant is a corporation, with one signature required fror ach of the following groups: 1) Chairperson of the Board, President or any Vice President; and 2) Secretary ny Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313.
PPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REOUIRED BY THE BYLAWS
ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
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EXHIBIT "A-1"
GENERAL ON-CALL SERVICES
Consultant shall perform all Services under the Agreement at the rates and in the manner set forth in Exhibit "A". For the provision of general on-call Services not procured in connection with a specific project as may be required by the City, Consultant shall receive compensation, including authorized reimbursements, in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000) annually over the term of the Agreement.
ATTACHMENT E
Amendment No. 1 to On-Call PSA with Becky Caha
AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
BECKY CAHA
FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL
PROFESSIONAL SERVICES ("Amendment") is made and entered into July 1, 2025 by and between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and Becky aha, an Independent Contractor ("Consultant"). City and Consultant may be referred to ndividually as "Party" or collectively as "Parties
RECITALS
The City and Consultant entered into an on-call professional services agreement on July 1, 2025 to provide on-call professional services ("Agreement"). The initial term of the Agreement terminates on June 30, 2030.
The City has requested housing consulting services on an as-needed multiyear basis from the Consultant pursuant to the terms of the Agreement.
C. The City and Consultant now desire to amend the Agreement in order to establish the amount of compensation for the provision of general on-call services as may be required by the City in an amount not to exceed $100,000 annually over the term of 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. General On-Call Services. Exhibit "A" of the Agreement is hereby amended to add Exhibit "A-1" ', attached hereto and incorporated herein by reference, in order to establish the total amount of compensation for the provision of general on-call services, not procured in connection with a specific project in an amount not to exceed One Hundred Thousand Dollars ($100,000) annually over the term of the Agreement.
2. Remaining Provisions. Except as specifically set forth in this Amendment No. 1, the remaining provisions of the Agreement shall continue in full force and effect. (SIGNATURES ON FOLLOWING PAGE]
- 1-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement 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:
Becky Caha, an Independent Contractor
By: _
Name:
Title:
By:
Name:
Title:
Address:
Two corporate officer signatures required when Consultant is a corporation, with one signature required fron 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.
-2-
EXHIBIT "A-1"
GENERAL ON-CALL SERVICES
Consultant shall perform all Services under the Agreement at the rates and in the manner set forth in Exhibit "A". For the provision of general on-call Services not procured in connection with a specific project as may be required by the City, Consultant shall receive compensation, including authorized reimbursements, in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000) annually over the term of the Agreement.
ATTACHMENT F
Amendment No. 1 to On-Call PSA with Carlson Strategic Land Solutions
AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
CARLSON STRATEGIC LAND SOLUTIONS
FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL
PROFESSIONAL SERVICES ("Amendment") is made and entered into July 1, 2025 by and between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and CARLSON STRATEGIC LAND SOLUTIONS, a California Corporation ("Consultant"). City and Consultant may be referred to individually as "Party" or collectively as "Parties."
RECITALS
The City and Consultant entered into an on-call professional services agreement on July 1, 2025 to provide on-call professional services ("Agreement"). The initial term of the Agreement terminates on June 30, 2030.
B. The City has requested CEQA/environmental review services and supplemental planning services on an as-needed multiyear basis from the Consultant pursuant to the terms of the Agreement.
C. The City and Consultant now desire to amend the Agreement in order to establish the amount of compensation for the provision of general on-call services as may be required by the City in an amount not to exceed $150,000 annually over the term of 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. General On-Call Services. Exhibit "A" of the Agreement is hereby amended to add Exhibit "A-1", attached hereto and incorporated herein by reference, in order to establish the total amount of compensation for the provision of general on-call services, not procured in connection with a specific project in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000)
2. Remaining Provisions. Except as specifically set forth in this Amendment No. 1, the remaining provisions of the Agreement shall continue in full force and effect. ¡SIGNATURES ON FOLLOWING PAGE]
-1-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement 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:
CARLSON STRATEGIC LAND SOLUTIONS, 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, ny Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313 PPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAW:
ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
- 2-
EXHIBIT "A-I"
GENERAL ON-CALL SERVICES
Consultant shall perform all Services under the Agreement at the rates and in the manner set forth in Exhibit "A". For the provision of general on-call Services not procured in connection with a specific project as may be required by the City, Consultant shall receive compensation, including authorized reimbursements, in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000) annually over the term of the Agreement.
ATTACHMENT G
Amendment No. 1 to On-Call PSA with City Advisors, LLC
AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
CITY ADVISORS, LLC
FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL
PROFESSIONAL SERVICES ("Amendment") is made and entered into July 1, 2025 by and between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and CITY ADVISORS, LIC, a Linito Liabiliry Company (Comsultan"), City and Consultant may be referred to individually as "Party" or collectively as
RECITALS
A. The City and Consultant entered into an on-call professional services agreement on July 1, 2025 to provide on-call professional services ("Agreement"). The initial term of the Agreement terminates on June 30, 2030.
B The City has requested CEQA/environmental review, economic development, and supplemental planning services on an as-needed multiyear basis from the Consultant pursuant to the terms of the Agreement.
C. The City and Consultant now desire to amend the Agreement in order to establish the amount of compensation for the provision of general on-call services as may be required by the City in an amount not to exceed $150,000 annually over the term of 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. General On-Call Services. Exhibit "A" of the Agreement is hereby amended to add Exhibit "A-1", attached hereto and incorporated herein by reference, in order to establish the total amount of compensation for the provision of general on-call services, not procured in connection with a specific project in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000) annually over the term of the Agreement.
Remaining Provisions. Except as specifically set forth in this Amendment No. 1, the remaining provisions of the Agreement shall continue in full force and effect. [SIGNATURES ON FOLLOWING PAGEI
-1-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement 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:
CITY ADVISORS, LLC, a Limited Liability
Company
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.
-2-
EXHIBIT "A-I"
GENERAL ON-CALL SERVICES
Consultant shall perform all Services under the Agreement at the rates and in the manner set forth in Exhibit "A". For the provision of general on-call Services not procured in connection with a specific broject as may be required by the City, Consultant shall receive compensation, including authorizec reimbursements, in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000) annually over the term of the Agreement.
ATTACHMENT H
Amendment No. 1 to On-Call PSA with Civic Solutions, Inc.
AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
CIVIC SOLUTIONS, INC.
FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL
RECITALS
The City and Consultant entered into an on-call professional services agreement on July 1, 2025 to provide on-call professional services (Agreement"). The initial term of the Agreement terminates on June 30, 2030.
B. The City has requested supplemental planning services on an as-needed multiyear basis from the Consultant pursuant to the terms of the Agreement.
C. The City and Consultant now desire to amend the Agreement in order to establish the amount of compensation for the provision of general on-call services as may be required by the City in an amount not to exceed $150,000 annually over the term of 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. General On-Call Services. Exhibit "A" of the Agreement is hereby amended to add Exhibit "A-1" , attached hereto and incorporated herein by reference, in order to establish the total amount of compensation for the provision of general on-call services, not procured in connection with a specific project in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000) annually over the term of the Agreement.
2. Remaining Provisions. Except as specifically set forth in this Amendment No. 1, the remaining provisions of the Agreement shall continue in full force and effect. ¡SIGNATURES ON FOLLOWING PAGE]
-1-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement 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:
CIVIC SOLUTIONS, 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.
-2-
EXHIBIT "A-1"
GENERAL ON-CALL SERVICES
Consultant shall perform all Services under the Agreement at the rates and in the manner set forth in Exhibit "A". For the provision of general on-call Services not procured in connection with a specific project as may be required by the City, Consultant shall receive compensation, including authorized reimbursements, in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000) annually over the term of the Agreement.
ATTACHMENT I
Amendment No. 1 to On-Call PSA with CSG Consultants, Inc.
AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
CSG CONSULTANTS, INC.
FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL
PROFESSIONAL SERVICES ("Amendment") is made and entered into July 1, 2025 by and between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City" and CSG CONSULTANTS, INC., a California Corporation ("Consultant"). City and Consultant may be referred to individually as "Party" or collectively as "Parties."
RECITALS
The City and Consultant entered into an on-call professional services agreement on July 1, 2025 to provide on-call professional services ("Agreement'"). The initial term of the Agreement terminates on June 30, 2030.
The City has requested CEQA/environmental review, housing consulting, supplemental code compliance, and supplemental planning services on an as-needed multiyear basis from the Consultant pursuant to the terms of the Agreement.
C. The City and Consultant now desire to amend the Agreement in order to establish the amount of compensation for the provision of general on-call services as may be required by the City in an amount not to exceed $150,000 annually over the term of 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. General On-Call Services. Exhibit "A" of the Agreement is hereby amended to add Exhibit "A-1", attached hereto and incorporated herein by reference, in order to establish the total amount of compensation for the provision of general on-call services, not procured in connection with a specific project in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000) annually over the term of the Agreement.
2. Remaining Provisions. Except as specifically set forth in this Amendment No. 1, the remaining provisions of the Agreement shall continue in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
-1-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement 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:
CSG CONSULTANTS, INC., a California
Corporation
By:
Name:
Title:
By:
Name:
Title:
Address:
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.
-2-
EXHIBIT "A-1"
GENERAL ON-CALL SERVICES
Consultant shall perform all Services under the Agreement at the rates and in the manner set forth in ¡xhibit "A". For the provision of general on-call Services not procured in connection with a specifi roject as may be required by the City, Consultant shall receive compensation, including authorizec reimbursements, in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000) annually over the term of the Agreement.
ATTACHMENT J
Amendment No. 1 to On-Call PSA with De Novo Planning Group AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
DE NOVO PLANNING GROUP
FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL
PROFESSIONAL SERVICES ("Amendment") is made and entered into July 1, 2025 by and between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and DE VOVO PLANNING GROUP, a California Corporation ("Consultant"). City and Consultant may be referred to individually as "Party" or collectively as "Parties."
RECITALS
A. The City and Consultant entered into an on-call professional services agreement on July 1, 2025 to provide on-call professional services ("Agreement"). The initial term of the Agreement terminates on June 30, 2030.
B. The City has requested CEQA/environmental review, economic development, governmental affairs, grant management, housing consulting, and supplemental planning services on an as-needed multiyear basis from the Consultant pursuant to the terms of the Agreement.
C. The City and Consultant now desire to amend the Agreement in order to establish the amount of compensation for the provision of general on-call services as may be required by the City in an amount not to exceed $150,000 annually over the term of 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. General On-Call Services. Exhibit "A" of the Agreement is hereby amended to add Exhibit "A-I", attached hereto and incorporated herein by reference, in order to establish the total amount of compensation for the provision of general on-call services, not procured in connection with a specific project in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000)
2. Remaining Provisions. Except as specifically set forth in this Amendment No. 1, the remaining provisions of the Agreement shall continue in full force and effect. ¡SIGNATURES ON FOLLOWING PAGE]
-1-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement 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:
DE NOVO PLANNING GROUP, 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.
-2-
EXHIBIT "A-1"
GENERAL ON-CALL SERVICES
Consultant shall perform all Services under the Agreement at the rates and in the manner set forth in Exhibit "A". For the provision of general on-call Services not procured in connection with a specifi roject as may be required by the City, Consultant shall receive compensation, including authorizec reimbursements, in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000) annually over the term of the Agreement.
ATTACHMENT K
Amendment No. 1 to On-Call PSA with Friedman Imaging
AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
FRIEDMAN IMAGING
FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL
›etween CITY OF LAGUNA NIGUEI
FRIEDMAN IMAGING, a Sole Proprietor ("Consultant"). City and Consultant may be referred to individually as "Party" or collectively as "Parties."
RECITALS
The City and Consultant entered into an on-call professional services agreement on July 1, 2025 to provide on-call professional services ("Agreement"). The initial term of the Agreement terminates on June 30, 2030.
The City has requested electronic document imaging and storage maintenance services on an as-needed multiyear basis from the Consultant pursuant to the terms of the Agreement.
The City and Consultant now desire to amend the Agreement in order to establish the amount of compensation for the provision of general on-call services as may be required by the City in an amount not to exceed $100,000 annually over the term of 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. General On-Call Services. Exhibit "A" of the Agreement is hereby amended to add Exhibit "A-1", attached hereto and incorporated herein by reference, in order to establish the total amount of compensation for the provision of general on-call services, not procured in connection with a specific project in an amount not to exceed One Hundred Thousand Dollars ($100,000) annually
2. Remaining Provisions. Except as specifically set forth in this Amendment No. 1, the remaining provisions of the Agreement shall continue in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
-1-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement 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:
FRIEDMAN IMAGING, a Sole Proprietor
By:
Name:
Title:
By:
Name:
Title:
Address:
I'wo corporate officer signatures required when Consultant is a corporation, with one signature required fron 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 REOUIRED BY THE BYLAWS
ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
-2-
EXHIBIT "A-I"
GENERAL ON-CALL SERVICES
Consultant shall perform all Services under the Agreement at the rates and in the manner set forth in Exhibit "A". For the provision of general on-call Services not procured in connection with a specific project as may be required by the City, Consultant shall receive compensation, including authorized reimbursements, in an amount not to exceed One Hundred Thousand Dollars ($100,000) annually over the term of the Agreement.
ATTACHMENT L
Amendment No. 1 to On-Call PSA with GMU Geotechnical, Inc.
AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
GMU GEOTECHNICAL, INC.
FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL
PROFESSIONAL SERVICES ("Amendment") is made and entered into July 1, 2025 by and between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and GMU GEOTECHNICAL, INC.., a California Corporation ("Consultant"). City and Consultant may be referred to individually as "Party" or collectively as "Parties."
RECITALS
A. The City and Consultant entered into an on-call professional services agreement on July 1, 2025 to provide on-call professional services ("Agreement"). The initial term of the Agreement terminates on June 30, 2030.
B. The City has requested grading/geotechnical review services on an as-needed multiyear basis from the Consultant pursuant to the terms of the Agreement.
C. The City and Consultant now desire to amend the Agreement in order to establish the amount of compensation for the provision of general on-call services as may be required by the City in an amount not to exceed $300,000 annually over the term of 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. General On-Call Services. Exhibit "A" of the Agreement is hereby amended to add Exhibit "A-1", ', attached hereto and incorporated herein by reference, in order to establish the total amount of compensation for the provision of general on-call services, not procured in connection with a specific project in an amount not to exceed Three Hundred Thousand Dollars ($300,000) annually over the term of the Agreement.
2. Remaining Provisions. Except as specifically set forth in this Amendment No. 1, the remaining provisions of the Agreement shall continue in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
- 1-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement 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:
GMU GEOTECHNICAL, INC., a California
Corporation
By:
Name:
Title:
By:_
Name:
Title:
Address:_
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.
-2-
EXHIBIT "A-1"
GENERAL ON-CALL SERVICES
Consultant shall perform all Services under the Agreement at the rates and in the manner set forth in Exhibit "A". For the provision of general on-call Services not procured in connection with a specific project as may be required by the City, Consultant shall receive compensation, including authorized reimbursements, in an amount not to exceed Three Hundred Thousand Dollars ($300,000) annually over the term of the Agreement.
ATTACHMENT M
Amendment No. 1 to On-Call PSA with Park Consulting Group, Inc.
AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
PARK CONSULTING GROUP, INC.
FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL
PROFESSIONAL SERVICES ("Amendment") is made and entered into July 1, 2025 by and between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City" and PARK CONSULTING GROUP, INC., a California Corporation ("Consultant"). City and Consultant may be referred to individually as "Party" or collectively as "Parties."
RECITALS
A. The City and Consultant entered into an on-call professional services agreement on July 1, 2025 to provide on-call professional services ("Agreement"). The initial term of the Agreement terminates on June 30, 2030.
B. The City has requested land management systems services on an as-needed multiyear basis from the Consultant pursuant to the terms of the Agreement.
C. The City and Consultant now desire to amend the Agreement in order to establish the amount of compensation for the provision of general on-call services as may be required by the City in an amount not to exceed $100,000 annually over the term of 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. General On-Call Services. Exhibit "A" of the Agreement is hereby amended to add Exhibit "A-l", attached hereto and incorporated herein by reference, in order to establish the total amount of compensation for the provision of general on-call services, not procured in connection with a specific project in an amount not to exceed One Hundred Thousand Dollars ($100,000) annually
2. Remaining Provisions. Except as specifically set forth in this Amendment No. 1, the remaining provisions of the Agreement shall continue in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
-1-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement 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:
PARK CONSULTING GROUP, INC., a California
Corporation
By:
Name:
Title:
By:
Name:
Title:
Address:_
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.
-2-
EXHIBIT "A-1"
GENERAL ON-CALL SERVICES
Consultant shall perform all Services under the Agreement at the rates and in the manner set forth in Exhibit "A". For the provision of general on-call Services not procured in connection with a specific project as may be required by the City, Consultant shall receive compensation, including authorized reimbursements, in an amount not to exceed One Hundred Thousand Dollars ($100,000) annually over the term of the Agreement.
ATTACHMENT N
Amendment No. 1 to On-Call PSA with RJM Design Group, Inc.
AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
RJM DESIGN GROUP, INC.
FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL
PROFESSIONAL SERVICES ("Amendment") is made and entered into July 1, 2025 by and between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and RJM DESIGN GROUP, INC., a California Corporation ("Consultant"). City and Consultant may be referred to individually as "Party" or collectively as "Parties."
RECITALS
The City and Consultant entered into an on-call professional services agreement on July 1, 2025 to provide on-call professional services ("Agreement"). The initial term of the Agreement terminates on June 30, 2030.
B. The City has requested architectural peer review services on an as-needed multiyear basis from the Consultant pursuant to the terms of the Agreement.
The City and Consultant now desire to amend the Agreement in order to establish the amount of compensation for the provision of general on-call services as may be required by the City in an amount not to exceed $100,000 annually over the term of 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. General On-Call Services. Exhibit "A" of the Agreement is hereby amended to add Exhibit "A-1"
ambit comperaction forehe pro ision of end ral on l series in order discabine in tial a specific project in an amount not to exceed One Hundred Thousand Dollars ($100,000) annually
2. Remaining Provisions. Except as specifically set forth in this Amendment No. 1, the remaining provisions of the Agreement shall continue in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
-1-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement 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:
RJM DESIGN GROUP, 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.
-2-
EXHIBIT "A-1"
GENERAL ON-CALL SERVICES
Consultant shall perform all Services under the Agreement at the rates and in the manner set forth in Exhibit "A". For the provision of general on-call Services not procured in connection with a specific project as may be required by the City, Consultant shall receive compensation, including authorized reimbursements, in an amount not to exceed One Hundred Thousand Dollars ($100,000) annually over the term of the Agreement.
ATTACHMENT O
Amendment No. 1 to On-Call PSA with RRM Design Group
AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
RRM DESIGN GROUP
FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL
PROFESSIONAL SERVICES ("Amendment") is made and entered into July 1, 2025 by anc between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and RRM to indivdily aparty or a Cerively as Cristant). City and Consultant may be refered
RECITALS
The City and Consultant entered into an on-call professional services agreement on July 1, 2025 to provide on-call professional services ("Agreement"). The initial term of the Agreement terminates on June 30, 2030.
B. The City has requested architectural peer review services on an as-needed multiyear basis from the Consultant pursuant to the terms of the Agreement.
C. The City and Consultant now desire to amend the Agreement in order to establish the amount of compensation for the provision of general on-call services as may be required by the City in an amount not to exceed $100,000 annually over the term of 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. General On-Call Services. Exhibit "A" of the Agreement is hereby amended to add Exhibit "A-l", attached hereto and incorporated herein by reference, in order to establish the total amount of compensation for the provision of general on-call services, not procured in connection with a specific project in an amount not to exceed One Hundred Thousand Dollars ($100,000) annually over the term of the Agreement.
2. Remaining Provisions. Except as specifically set forth in this Amendment No. 1, the remaining provisions of the Agreement shall continue in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
-1-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement 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:
RRM DESIGN GROUP, 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.
-2-
EXHIBIT "A-1"
GENERAL ON-CALL SERVICES
Consultant shall perform all Services under the Agreement at the rates and in the manner set forth in poit may be required by or ily Consulan shal rect omenacion minding a harica reimbursements, in an amount not to exceed One Hundred Thousand Dollars ($100,000) annually over the term of the Agreement.
ATTACHMENT P
Amendment No. 1 to On-Call PSA with RK Engineering, Inc.
AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
RK ENGINEERING GROUP, INC.
FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL
PROFESSIONAL SERVICES ("Amendment") is made and entered into July 1, 2025 by and between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and RK ENGINEERING GROUP, INC., a California Corporation ("Consultant"). City and Consultant may be referred to individually as "Party" or collectively as "Parties."
RECITALS
The City and Consultant entered into an on-call professional services agreement on July 1, 2025 to provide on-call professional services (Agreement"). The initial term of the Agreement terminates on June 30, 2030.
B. The City has requested traffic/parking consulting services on an as-needed multiyear basis from the Consultant pursuant to the terms of the Agreement.
C. The City and Consultant now desire to amend the Agreement in order to establish the amount of compensation for the provision of general on-call services as may be required by the City in an amount not to exceed $100,000 annually over the term of 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. General On-Call Services. Exhibit "A" of the Agreement is hereby amended to add Exhibit "A-1", attached hereto and incorporated herein by reference, in order to establish the total amount of compensation for the provision of general on-call services, not procured in connection with a specific project in an amount not to exceed One Hundred Thousand Dollars ($100,000) annually over the term of the Agreement.
2. Remaining Provisions. Except as specifically set forth in this Amendment No. 1, the remaining provisions of the Agreement shall continue in full force and effect. ¡SIGNATURES ON FOLLOWING PAGE]
-1-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement 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:
RK ENGINEERING GROUP, INC., a California
Corporation
By:
Name:
Title:
By:
Name:
Title:
Address:
ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
-2-
EXHIBIT "A-1"
GENERAL ON-CALL SERVICES
Consultant shall perform all Services under the Agreement at the rates and in the manner set forth in Exhibit "A". For the provision of general on-call Services not procured in connection with a specifi project as may be required by the City, Consultant shall receive compensation, including authorizer reimbursements, in an amount not to exceed One Hundred Thousand Dollars ($100,000) annually over the term of the Agreement.
ATTACHMENT Q
Amendment No. 1 to On-Call PSA with RSG, Inc.
AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
RSG, INC.
FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL
PROFESSIONAL SERVICES ("Amendment") is made and entered into July 1, 2025 by and between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and RSG, INC., a California Corporation ("Consultant"). City and Consultant may be referred to individually as "Party" or collectively as "Parties."
RECITALS
The City and Consultant entered into an on-call professional services agreement on July 1, 2025 to provide on-call professional services ("Agreement"). The initial term of the Agreement terminates on June 30, 2030.
B. The City has requested economic development services and housing consulting services on an as-needed multiyear basis from the Consultant pursuant to the terms of the Agreement.
C. The City and Consultant now desire to amend the Agreement in order to establish the amount of compensation for the provision of general on-call services as may be required by the City in an amount not to exceed $100,000 annually over the term of 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. General On-Call Services. Exhibit "A" of the Agreement is hereby amended to add Exhibit "A-1", attached hereto and incorporated herein by reference, in order to establish the total amount of compensation for the provision of general on-call services, not procured in connection with a specific project in an amount not to exceed One Hundred Thousand Dollars ($100,000) annually over the term of the Agreement.
2. Remaining Provisions. Except as specifically set forth in this Amendment No. 1, the remaining provisions of the Agreement shall continue in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
-1-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement 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:
RSG, 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 fron 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.
-2-
EXHIBIT "A-1"
GENERAL ON-CALL SERVICES
Consultant shall perform all Services under the Agreement at the rates and in the manner set forth in Exhibit "A". For the provision of general on-call Services not procured in connection with a specific project as may be required by the City, Consultant shall receive compensation, including authorized reimbursements, in an amount not to exceed One Hundred Thousand Dollars ($100,000) annually over the term of the Agreement.
ATTACHMENT R
Amendment No. 1 to On-Call PSA with Sagecrest Planning & Environmental
AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
SAGECREST PLANNING & ENVIRONMENTAL
FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL
PROFESSIONAL SERVICES ("Amendment") is made and entered into July 1, 2025 by and between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and SAGECREST PLANNING & ENVIRONMENTAL, California Corporation ("Consultant").
City and Consultant may be referred to individually as «Party" or collectively as "Parties."
RECITALS
The City and Consultant entered into an on-call professional services agreement on July 1, 2025 to provide on-call professional services ("Agreement"). The initial term of the Agreement terminates on June 30, 2030.
B. The City has requested CEQA/environmental review services and supplemental planning services on an as-needed multiyear basis from the Consultant pursuant to the terms of the Agreement.
C. The City and Consultant now desire to amend the Agreement in order to establish the amount of compensation for the provision of general on-call services as may be required by the City in an amount not to exceed $150,000 annually over the term of 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. General On-Call Services. Exhibit "A" of the Agreement is hereby amended to add Exhibit "A-1", attached hereto and incorporated herein by reference, in order to establish the total amount of compensation for the provision of general on-call services, not procured in connection with a specific project in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000) annually over the term of the Agreement.
remaining provisions or tre green shalt as spect inly fore rh in this Amendiment No. 1, the [SIGNATURES ON FOLLOWING PAGE]
- 1-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement 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:
SAGECREST PLANNING &
ENVIRONMENTAL, 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.
-2-
EXHIBIT "A-1"
GENERAL ON-CALL SERVICES
Consultant shall perform all Services under the Agreement at the rates and in the manner set forth in Exhibit "A". For the provision of general on-call Services not procured in connection with a specific project as may be required by the City, Consultant shall receive compensation, including authorized reimbursements, in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000) annually over the term of the Agreement.
ATTACHMENT S
Amendment No. 1 to On-Call PSA with Willdan Engineering, Inc.
AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
WILLDAN ENGINEERING
FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL
PROFESSIONAL SERVICES ("Amendment") is made and entered into July 1, 2025 by and between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and be retered o indivdiaRy a a Cal or a Cortivaly an *Carriestant". Ciry and Consulant may
RECITALS
The City and Consultant entered into an on-call professional services agreement on July 1, 2025 to provide on-call professional services ("Agreement"). The initial term of the Agreement terminates on June 30, 2030.
B. The City has requested architectural peer review, CEQA/environmental review services, economic development, governmental affairs, grading/geotechnical review, grant management, housing consulting, supplemental code compliance, supplemental planning, traffic/parking consulting, and water quality services on an as-needed multiyear basis from the Consultant pursuant to the terms of the Agreement.
The City and Consultant now desire to amend the Agreement in order to establish the amount of compensation for the provision of general on-call services as may be required by the City in an amount not to exceed $100,000 annually over the term of 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. General On-Call Services. Exhibit "A" of the Agreement is hereby amended to add
2. Remaining Provisions. Except as specifically set forth in this Amendment No. 1, the remaining provisions of the Agreement shall continue in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
- 1-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement 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:
WILLDAN ENGINEERING, a California
Corporation
By:
Name:
Title:
By:_
Name:
Title:
Address:
ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
-2-
EXHIBIT "A-1"
GENERAL ON-CALL SERVICES
Consultant shall perform all Services under the Agreement at the rates and in the manner set forth in Exhibit "A". For the provision of general on-call Services not procured in connection with a specitic project as may be required by the City, Consultant shall receive compensation, including authorized reimbursements, in an amount not to exceed One Hundred Thousand Dollars ($100,000) annually over the term of the Agreement.
ATTACHMENT T
Amendment No. 1 to On-Call PSA with WSP USA, Inc.
AMENDMENT NO.1 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
WSP USA, INC.
FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 1 TO AGREEMENT FOR ON-CALL
bREEN SION OF LAUS a made and credito die a by and
USA, INC., a New York Corporation ("Consultant"). City and Consultant may be referred to
RECITALS
A. The City and Consultant entered into an on-call professional services agreement on July 1, 2025 to provide on-call professional services ("Agreement"). The initial term of the Agreement terminates on June 30, 2030.
B. The City has requested CEQA/environmental review, grading/geotechnical review, and water quality services on an as-needed multiyear basis from the Consultant pursuant to the terms of the Agreement.
The City and Consultant now desire to amend the Agreement in order to establish the amount of compensation for the provision of general on-call services as may be required by the City in an amount not to exceed $100,000 annually over the term of 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. General On-Call Services. Exhibit "A" of the Agreement is hereby amended to add Exhibit "A-1", attached hereto and incorporated herein by reference, in order to establish the total amount of compensation for the provision of general on-call services, not procured in connection with a specific project in an amount not to exceed One Hundred Thousand Dollars ($100.000) annually over the term of the Agreement.
2. Remaining Provisions. Except as specifically set forth in this Amendment No. 1, the remaining provisions of the Agreement shall continue in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
-1-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement 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:
WSP USA, INC., a New York Corporation
By:
Name:
Title:
By:
Name:
Title:
Address:
'wo cornorate officer signatures reauired when Consultant is a corporation, with one signature required fron ach 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.
-2-
EXHIBIT "A-1"
GENERAL ON-CALL SERVICES
Consultant shall perform all Services under the Agreement at the rates and in the manner set forth in Exhibit "A". For the provision of general on-call Services not procured in connection with a specific project as may be required by the City, Consultant shall receive compensation, including authorized reimbursements, in an amount not to exceed One Hundred Thousand Dollars ($100,000) annually over the term of the Agreement.