To:
CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
Honorable Mayor and Council Members
FROM: Kevin X. O'Connor, Acting Public Works Director
August 18, 2026 DATE:
SUBJECT: Approval of Amendment No. 5 to the On-Call Agreement with GMU Geotechnical, Inc. Amending the Scope of Services
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Amendment No. 5 to the On-Call Professional Services Agreement with GMU Geotechnical, Inc., Amending the Scope of Services to include Engineering, Architecture, and Landscape Architecture Design, Environmental Program Assistance, Construction Management and Inspection, and Geotechnical Services; and,
2. Authorize the City Manager to execute Amendment No. 5 to the On-Call Professional Services Agreement with GMU Geotechnical, Inc., amending the Scope of Services, and future amendments to the agreement, subject to the City Attorney making non-substantive changes.
BACKGROUND
On November 4, 2022, the City issued a Request for Proposals (RFP) for On-Call Professional Services, inviting interested firms to submit a Statement of Qualifications (Attachment A). The RFP invited firms that provide consulting services, professional engineering and/or other Public Works related services in the following categories: (1) engineering, architecture and landscape architecture design; (2) private development plan checking; (3) program and project management; (4) environmental programs assistance; (5) construction management and inspection services; (6) geotechnical engineering; (7) broadband, smart cities and technology projects; and (8) graphic design, marketing, photography and videography to submit qualifications.
In addition, the RFP included optional specific scope of services items in the following items: (1) Public Works Development Engineering and Project Management Services; (2) Traffic Signal Operations; (3) Traffic Engineering; (4) Geotechnical Services; and (5) Stormwater Compliance.
In response to the RFP, GMU Geotechnical, Inc. submitted a proposal for category 1) engineering, architecture and landscape architecture design; (4) environmental programs assistance; (5) construction management and inspection services; (6) geotechnical engineering; and specific scope of services item (4) geotechnical services.
ANALYSIS
On July 1, 2023, the City entered into an On-Call Professional Services Agreement with GMU Geotechnical, Inc., for a term of three years with the option of two one-year extensions that may be executed administratively. Since entering into the agreement, the City has executed several amendments with GMU Geotechnical, Inc., for geotechnical engineering services (category 6) and has extended the term of the agreement until June 30, 2027.
To provide additional technical and professional support to the City, staff recommends that the City Council approve Amendment No. 5 to the On-Call Professional Services Agreement with GMU Geotechnical, Inc. (Attachment B). The amendment expands the scope of services available under the existing agreement, enhancing the City's ability to efficiently address current and future project needs. The broader range o.f services will provide greater flexibility in obtaining specialized geotechnical and engineering support, planning checking, and construction observation and testing, enabling staff to respond more effectively to infrastructure, development, and capital improvement projects as needs arise.
ALTERNATIVES CONSIDERED
The City Council may decide not to approve Amendment No. 5 to the On-Call Professional Services Agreement with GMU, Geotechnical, Inc. This alternative is not recommended as it would impact delivery of services and potentially delay the completion of projects.
FISCAL REVIEW
There is no fiscal impact as a result of the approval of Amendment No. 5 to the On-Call Professional Services Agreement with GMU, Geotechnical, Inc., as this is a no-fee amendment. Specific scopes of services would be awarded through an Amendment to the Agreement on a per-project basis in accordance with the City's Purchasing Policy.
LEGAL REVIEW
The City Attorney's Office has reviewed this report and Amendment No. 5 to the On-Call Professional Services Agreement with GMU Geotechnical, Inc., and has approved both documents as to form.
CONCLUSION
Staff recommends that the City Council:
1. Approve Amendment No. 5 to the On-Call Professional Services Agreement with GMU Geotechnical, Inc., Amending the Scope of Services to include Engineering, Architecture, and Landscape Architecture Design, Environmental Program Assistance, Construction Management and Inspection, and Geotechnical Services; and,
2. Authorize the City Manager to execute Amendment No. 5 to the On-Call Professional Services Agreement with GMU Geotechnical, Inc., amending the Scope of Services, and future amendments to the agreement, subject to the City Attorney making non-substantive changes.
Tamara S. Letourneau
City Manager
~x.o~
Kevin X. O'Connor
Acting Public Works Director
Attachments:
Scott C. Smith
City Attorney
J n Jung
cting Engineering Services Manager
A. RFP for On-Call Professional Services
8. Amendment No. 5 to the On-Call Professional Services Agreement with GMU Geotechnical, Inc.
ATTACHMENT A
RFP for On-Call Professional Services
City of Laguna Niguel
On-Call Professional Services
Request for Proposals (RFP)
Issued: November 4, 2022 / Due: January 6, 2023 by 2:00 p.m. PST City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 1 of 39 RFP Title:
Scope of Services:
RFP Submittal Information:
RFP Submittal Location:
RFP Due Date:
On-Call Professional Services
See Section 1-4 (Scope of Services)
Interested Consultants will submit their Proposal in a sealed package:
One (1) signed original identified as "Original";
- Three (3) hard copies; and
One (1) electronic PDF copy on a USB or emailed to the City Contact or provided via cloud service (Dropbox, Google Drive, OneDrive, etc.).
No faxed proposals. Late proposals will not be accepted.
City of Laguna Niguel (City Hall), c/o Kelli Everett
30111 Crown Valley Parkway, Laguna Niguel, CA 92677
January 6, 2023 by 2:00 p.m. PST
RFP Submittal Requirements: Your proposal must include the information described in Section Ill (Proposal Form and Content) of this RFP.
Prior to Award of Contract:
RFP Questions:
City Contact /
Project Manager:
Consultant proposals will be con.sidered non-responsive if the proposal does not provide all the information requested in Section 111.
The successful Consultant must submit a Certificate of Insurance and related endorsements that meets the City's criteria as described in the draft Agreement (Attachment C of this RFP).
Questions regarding this RFP must be submitted in the form of an email with the RFP title in the subject heading. Questions should be addressed to the City Contact. The deadline to submit questions is November 18, 2022 by 10:00 a.m. PST.
Kelli Everett
Management Analyst
City of Laguna Niguel
Phone: (949) 362-4048
Email: [email protected]
City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 2 of 39 Table of Contents
Section I - Project Information ............................................................................................................. s 1-1. Program Background ............................................................................................................................. 5 1-2. City Background ..................................................................................................................................... 5 1-3. Program Goals and Deliverables ............................................................................................................ 5 1-4. Scope of Services .................................................................................................................................... 6 1-5. Specific Scopes of Services (Optional) ................................................................................................. 11 Section II - RFP Process ...................................................................................................................... 12 11-1. RFP Timeline ........................................................................................................................................ 12 11-2. RFP Questions and Responses ............................................................................................................ 12 11-3. RFP Due Date and Opening ................................................................................................................. 13 11-4. RFP Evaluation Process ....................................................................................................................... 13 11-5. Request for Council Action ................................................................................................................. 14 11-6. Execution of Agreement ..................................................................................................................... 15 11-7. Acceptance of Agreement and Term .................................................................................................. 15 Section Ill - Proposal Form and Content .............................................................................................. 15 111-1. General Information .......................................................................................................................... 15 111-2. Proposal Submission Requirements and Response Format .............................................................. 15 111-3. Certification Statements .................................................................................................................... 16 111-4. Letter of Transmittal .......... ................................................................................................ ................ 16 111-5. Experience ..................................................................................................... .................... ................ . 17 111-6. Key Personnel. .. .............................. .................................................................................................... 17 111-7. References ............ .................................................................................... ......................................... 17 111-8. Fee Schedule ...................................................................................................................................... 17 111-9. Specific Scope of Services Proposals .................................................................................................. 18 Section IV- Evaluation/ Selection of Proposals .................................................................................. 18 IV-1. Clarifications ..................................................................................... ................................................. 18 IV-2. Proposal Evaluation and Selection .................................................................................................... 18 IV-3. Multiple Contracts ............................................................................................................................. 19 Section V - General RFP Information .................................................................................................. 19 City of Laguna Niguel , CA - RFP - On-Call Professional Services Page 3 of 39 V-1. Public Records ..................................................................................................................................... 19 V-2. Cancellation ........................................................................................................................................ 19 V-3. Late Proposals ..................................... ...................................... .......................................................... 19 V-4. Disputes .............................................................................................................................................. 20 V-5. Proposer Certifications ....................................................................................................................... 20 V-6. Nondiscrimination .............................................................................................................................. 21 V-7. Proposed Liability ............................................................................................................................... 21 V-8. City Requests for Clarification, Additional Research, and Revisions .................................................. 21 V-9. Rejection of Proposals ............................................................................ ............................................ 22 V-10. Modification or Withdrawal of Proposal by Consultant ................................................................... 22 V-11. Duration of Proposal ......................................................................................................................... 23 V-12. Local, State, and Federal Requirements ........................................................................................... 23 Section VI - Form to be Submitted ...................................................................................................... 23 Vl-1. Certification Statement (submit with proposal) ............................................................................... 24 Attachment A - City Map .................................................................................................................... 25 Attachment B - Five-Year Capital Improvement Program Summary ..................................................... 26 Attachment C- City's Sample Professional Services Agreement .......................................................... 27 Attachment D - Item 1: Public Works Development Engineering & PM Services .................................. 28 Attachment E - Item 2: Traffic Signal Operations ................................................................................ 30 Attachment F - Item 3: Traffic Engineering ......................................................................................... 34 Attachment G - Item 4: Geotechnical Services .................................................................................... 37 Attachment H - Item 5: Storm Water Compliance ............................................................................... 39 City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 4 of 39
SECTION I - PROJECT INFORMATION
1-1. PROGRAM BACKGROUND
The City of Laguna Niguel ("City") is requesting proposals from qualified firms ("Consultant") for professional services on an as-needed basis for a period of three years commencing July 1, 2023 through June 30, 2026, subject to renewal administratively by two additional one year periods based upon an evaluation of the Consultant's performance by City staff. The City plans to contract with multiple firms in order to augment the City's professional and inspection capabilities and to provide high quality, very timely expertise as needed. However, the resultant on-call agreements do not preclude the City from seeking proposals from other firms that are not on the on-call list for special projects that the City determines require specific skills and experience, or larger projects.
Consultant firms who are approved by the City Council for the City's on-call list may receive requests for support from the City for projects with a specific scope of services in one or more of the following service categories: 1) engineering, architecture and landscape architecture design, 2) private development plan check, 3) project and program management, 4) environmental programs assistance, 5) construction management and inspection, 6) geotechnical engineering, 7) broadband, smart city and technology projects, and 8) graphic design, marketing, photography and videography services. Staff will then administratively select the firm(s) for each project based upon the firm's proposed personnel and fee.
1-2. CITY BACKGROUND
The City of Laguna Niguel is a 14.72 square mile bedroom community with a population of approximately 67,208 located in Orange County, California. The City was incorporated on December 1, 1989 as a master planned community. The City is known for its mild coastal climate, low crime rate, and its numerous parks and public trails. Over the course of the year, the temperature typically varies from 49°F to 78°F and is rarely below 43°F or above 86°F. 1-3. PROGRAM GOALS AND DELIVERABLES
Qualified Consultant firms will present their Statement of Qualifications (SOQ) for the service categories as outlined in Section 1-4 (Scope of Services) for which they have relevant expertise along with a fee schedule (hourly rates for typical job classifications provided by the firm).
Additionally, Consultant firms are invited to submit proposals for the services as outlined in Section 1-5 (Specific Scopes of Services) and detailed in Attachments "D - H". For each specific scope of services item that the firm desires to submit a response, the firm must demonstrate their experience City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 5 of 39 performing similar scopes of services with State and or local government, the proposed personnel's expertise and provide an itemized cost proposal using the hourly rates in their proposed fee schedule. 1-4. 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.
Category 1: Engineering, Architecture and Landscape Architecture Design Provide civil, structural, traffic engineering or architectural services, signed and stamped, by a registered Professional Engineer or Architect in the State of California for the stated services for various projects in the public right-of-way such as street, sewer, storm drain, streetlight, small buildings, parks, facilities, or other projects as assigned by the City. Design engineering or architecture services include but are not limited to:
• Prepare plans for street improvements, repair, rehabilitation, or other related street improvements including signage and striping plans.
• Prepare plans for trails, streetscape, landscape, hardscape, park design, playground structures, irrigation design, habitat restoration/rehabilitation, and other related improvements. • Prepare plans for traffic signal installations or modifications. • Prepare plans for storm drain and sewer improvements, upgrades, modifications, extensions, repair, or rehabilitation.
• Prepare schematics and plans for architectural design of new public buildings; renovation and/or expansion of existing public buildings; Americans with Disabilities Act (ADA) upgrades; heating, ventilation, refrigeration, and environmental management system design; electrical, plumbing, and miscellaneous mechanical system design including alternative energy systems (e.g. solar water heating, solar photovoltaics, wind, etc.); and seismic studies and building envelope evaluations.
• Prepare hydrology and hydraulic analysis and reports. • Prepare WQMP's, SWPPP's or related NPDES documents/reports. • Prepare project technical provisions, detailed cost estimates, specifications, and other bid documents.
• Perform mapping and prepare legal descriptions for right-of-way acquisitions, easements, and vacations.
• Provide construction surveying staking.
• Coordinate with and obtain approvals from other permitting agencies and utility companies.
City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 6 of 39 • Evaluate vehicle and pedestrian bridges for structural integrity. • Prepare and submit inspection reports to City, California Department of Transportation (CalTrans) and the United States Department of Transportation (DOT). • Prepare project drawings, detailed cost estimates, specifications for bridge repairs and maintenance.
• Prepare project drawings for seismic retrofit of bridges, buildings and storm water retention and diversion facilities.
Category 2: Private Development Plan Check
Provide complete plan check services for private development projects including but not limited to:
• Perform review of civil related improvement plans, grading, sewer, storm drain, and erosion control.
• Perform review of parcel maps, tract maps, easements, and lot line adjustments. • Perform review of traffic signal installation or modification plans. • Perform review of studies and reports such as sewer, drainage, and WQMP. • Knowledgeable about commonly used software programs and Orange County Hydrology and Local Drainage Manuals.
• Prepare plan check comments in concise and understandable manner. • Interact with private and public personnel.
Category 3: Project and Program Management
In order to successfully deliver the City's Public Works work plan and annual capital improvement program, the Consultant shall provide exceptional personnel, equipment, and facilities to perform the tasks including but not limited to the following:
• Assist City staff in scoping, developing, and scheduling capital projects. • Assist City staff in selecting design consultants using the City's quality based selection process. • Manage the City's design consultants including but not limited to: providing coordination with Public Works staff, other City departments, agencies, utilities, and community as required; monitoring budget and schedule; community outreach as required; and serving as the City's Project Manager in all aspects of the design process.
• Develop grant applications.
• Grant administration including coordination with the awarding agency; ensuring compliance with grant requirements; preparing final reports; and participating in audits, if required. • Perform constructability reviews.
• Coordinate preparation of final plans, specifications, cost estimate, and bid package.
City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 7 of 39 Category 4: Environmental Programs Assistance
Provide technical support and program management services for the City's environmental programs.
Tasks include but are not limited to:
• Municipal Separate Storm Sewer System Permit compliance support. • Bacteria Total Maximum Daily Load compliance support. • Urban Runoff Implementation Program compliance support. • Water Quality Improvement Plan implementation support. • Prepare Jurisdictional Runoff Management Program and Water Quality Improvement Plan annual reports.
• Wetlands Operations & Maintenance Plan, Mitigation Monitoring and Reporting Program, and Initial Study/Mitigated Negative Declaration implementation support. • Technical support for wetlands maintenance including California Rapid Assessment Method (CRAM) assessment, monitoring, mitigation, and reporting. • Geotechnical consultant services for projects and investigations in the City related to soils, grading, slopes, and hydrogeology, including mold and hazardous material content and identification testing. Geotechnical consultant shall be licensed in the State of California as Geotechnical Engineers or Geologists.
• Technical support for City's franchise agreement for trash and recycling services. • Recycling collection program assistance; marketing; and public outreach services.
Category 5: Construction Management and Inspection
Provide complete construction management and labor compliance for Capital Improvement Program, maintenance and private land development projects, including park renovations and, facility construction, modifications, and modernizations. Provide on-call public works construction inspection services in public right-of-way. Services in this category include but not limited to:
• Attend pre-construction meeting and provide assistance in responding to all questions in timely manner.
• Coordinate with design engineers and project managers on design issues encountered during construction.
• Review project contract documents and perform a constructability review. • Review contractor's submittals in accordance with the requirements of project specification and the City's requirement priorto final approval.
• Review, negotiate, process, and monitor contract change orders with the City's approval. • Comply with grant requirements for local, state, and federal funded projects. • Provide labor compliance monitoring.
• Provide construction oversight and quality control services.
City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 8 of 39 • Provide Construction Material Testing and compaction testing. • Work with staff and develop solutions to problems identified in the field. • Maintain all records and ensure that reporting requirements are met. • Provide community outreach.
• Contract administration/oversight for Public Works maintenance contracts. • Inspect and approve all phases of public and private construction and improvement work to assure that the appropriate construction is completed in compliance with the plans, standards, specifications, special requirements, codes and regulations. Issue correction notices or approvals as required.
• Inspect and approve construction and installation of streets, curb, gutter, sidewalk, storm drains, irrigation lines, cross connection control devices, asphalt rehabilitation and overlays, slurry seal, retaining walls, earth slopes, street lights, park improvements and related utilities and structures.
• Inspect construction work under encroachment permits. • Inspect to assure compliance with Federal, State and local standards for right-of-way, street use, and other permits issued to private utilities or contractors. • Coordinate activities and schedules with utility companies, contractors, property owners, and other City departments; resolve conflicts within scope of authority. • Check for proper use and placement of traffic control devices to assure compliance with the WATCH handbook or specific traffic control plan.
• Compile information and prepare construction reports as required.
Category 6: Geotechnical Engineering
Provide geotechnical services for projects and investigations in the City related to soils, grading, slopes, and hydrogeology, including mold and hazardous material content and identification testing. Provide testing services for construction materials (in-site and laboratory testing).
Consultants and consultant workers assigned to City projects shall have a thorough knowledge of civil engineering principles and practices and site improvement design requirements. Consultants or consultant workers assigned to City projects shall be licensed in the State of California as Geotechnical Engineers or Engineering Geologists. The City representative must approve all consultant workers assigned to City projects.
Firms desiring to provide services for City administered, federally funded projects must maintain Caltrans Certification and complete all testing in conformance with the City's Quality Assurance Program (QAP). However, firms do not need to be Caltrans certified at the time of proposal submittal - if a firm is selected for a federally funded project during the Consultant Team contract period, they will be required to get certified by Caltrans at that time.
Where applicable, prevailing wages must be paid and documented for all field personnel in accordance with the California Labor code.
City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 9 of 39 Category 7: Broadband, Smart Cities, and Technology Projects Provide design engineering, planning, implementation, policy development, grant administration, and Microsoft SharePoint services related to broadband, smart cities, and technology projects. Specific services will include but are not limited to:
• Needs Assessment - inventory of existing systems, service availability, feasibility studies, market assessments, business plan, roadmap.
• Design Engineering - plans and specifications, network designs, and related documentation. • Implementation Plan - procurement, funding strategy, project management, construction management, inspections.
• Funding and Grants Support - funding strategy, grant writing, compliance, and ongoing oversight.
• Microsoft SharePoint Development - strategize, develop, refine, implement technology solutions to improve the City's operations.
Category 8: Graphic Design, Marketing, Photography, and Videography Services Provide graphic design, marketing, photography, and videography services including but not limited to discovery, design, development, delivery, filming, drone work, post-production, and story-boarding for projects including but not limited to:
• Activity guides
• Advertisements
• Annual reports
• Branding
• Brochures
• Capital Improvement Program (CIP)
• Community engagement
• Flyers
• Logos (event, department, etc.)
• Internal Initiatives
• Magazines
• Maintenance operations
• Promotional items
• Public education
• Signs
• Social media graphics
• Special events and projects
• Volunteer programs
• Website content
City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 10 of 39 1-5. SPECIFIC SCOPES OF SERVICES (OPTIONAL)
Consultant firms are invited to submit proposals for any number of the services items as outlined below. For each scope of services item that the firm desires to submit a response, the firm must demonstrate their experience performing similar scopes of services with State and or local government and the proposed personnel
1 s expertise . Additionally, the firm shall provide an itemized cost proposal using the hourly rates in their proposed fee schedule for any project items . For any as-needed services items, compensation will be made according to the hourly rates in the firm 1 s proposed fee schedule
and will be subject to a Maximum Contract Amount as agreed upon by Respondent and the City.
Item 1: Public Works Development Engineering and Project Management Services Details regarding the services to be provided are located in Attachment "D11 • Item 2: Traffic Signal Operations
Details regarding the tasks and deliverables for this project are located in Attachment "E 11 •
Item 3: Traffic Engineering
Details regarding the tasks and deliverables for this project are located in Attachment 'T 1 •
Item 4: Geotechnical Services
Details regarding the tasks and deliverables for this project are located in Attachment "G11 • Item 5: Storm Water Compliance
Details regarding the tasks and deliverables for this project are located in Attachment "H 11 •
City of Laguna Nigue l, CA - RFP - On-Call Professional Services Page 11 of 39
SECTION II - RFP PROCESS
11-1. RFP TIMELINE
The following is the anticipated RFP Timeline. The timeline is subject to change if additional time is needed. Any timeline changes will be communicated via a RFP addendum.
Milestone Date
RFP Issued November 4, 2022
Due date for RFP Questions November 18, 2022 by 10:00 a.m. PST Responses Provided to RFP Questions December 6, 2022
RFP Submittal ("RFP Due Date") January 6, 2023 by 2:00 p.m. PST Optional Consultant lnterview(s) - GoTo Meeting Tentatively scheduled for the weeks of January 30- February 10, 2023
City Council Award On or about April 18, 2023
Effective date for On-Call Agreement July 1, 2023
11-2. RFP QUESTIONS AND RESPONSES
Consultants interested in submitting a proposal are asked not to contact other City staff or City Council Members in connection with the RFP prior to the City Council Award of the on-call list.
Please email all questions pertaining to the RFP to the City on or before November 18, 2022 by 10:00 a.m. PST. No questions will be accepted via phone. Once all questions are received, the City will summarize all questions and their responses in an addendum to the RFP. The addendum will be provided by December 6, 2022. The addendum will be posted to the City's website:
www.cityoflagunaniguel.org/bids .
In case additional clarifications need to be provided after December 6, 2022 and before the RFP Due Date, the City will post additional addenda to the City's website.
Each Consultant is responsible for obtaining all addenda prior to submitting a proposal and shall acknowledge in its proposal the receipt of each addendum as part of its proposal. Failure of Consultant to acknowledge receipt of all addenda as part of its proposal may result in rejection of its proposal.
City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 12 of 39 11-3. RFP DUE DATE AND OPENING
Proposals are due on or before the RFP Due Date, January 6, 2023 by 2:00 p.m. PST.
Proposals will be addressed to the City Contact:
City of Laguna Niguel (City Hall)
c/o Kelli Everett
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Packages may be delivered in person or by mail in one (1) sealed package marked on the outside, "PROPOSAL FOR ON-CALL PROFESSIONAL SERVICES. DO NOT OPEN WITH REGULAR MAIL." Consultant shall submit two (2) copies of its Fee Schedule (hourly rates for typical services provided by the firm) and any Cost Proposals in a separate sealed envelope within the sealed package, bearing the Consultant's name and address, and clearly marked as follows: "FEE SCHEDULE AND COST PROPOSALS FOR ON-CALL PROFESSIONAL SERVICES."
Interested Consultants will submit a PDF copy of your proposal emailed to the City Contact or provided via cloud service (Dropbox, Google Drive, OneDrive, etc.).
It is the responsibility of the Consultant to ensure the proposal was received by the RFP Due Date.
Late proposals will not be accepted . The City will not publicly open or read proposals aloud. 11 -4. RFP EVALUATION PROCESS
This RFP is not a formal bid process governed by formal bid rules typically associated with public projects. The evaluation and selection process are based upon consideration of a variety of factors as described below . Accordingly, the City reserves the right to waive technical errors, alter submission dates, issue subsequent requests for proposals, etc.
An Evaluation Committee comprised of City staff, will review and score all proposals based on the Evaluation criteria stated below. The selections will be made based on the recommendation of the team and presented to the City Council for approval to award and agreement execution. The individual rat ing and/or evaluation forms prepared by the team members will not be revealed; however, a summary of the evaluation results will be presented to the City Council.
During the evaluation process, the Committee may, at its discretion, request any one or all Consultants to make oral presentations by participating in a virtual interview. Such presentations will provide Consultants with an opportunity to answer any questions the Committee may have on their qualification package. Not all Consultants may be asked to make such oral presentations. The interview City of Laguna Niguel , CA - RFP - On-Call Professional Services Page 13 of 39 process will primarily focus on the key personnel proposed by the Consultant to perform services for this City. The City may also request the presence of the Consultant's principal-in-charge, if necessary.
The City of Laguna Niguel will review and evaluate the proposals based on the following factors to select the most qualified Consultants:
1. Proposed Personnel-The experience and qualifications of the proposed personnel and the firm providing similar services and/or projects. Expertise and background of the proposed personnel and their availability and overall firm capabilities to meet the additional needs of the City.
2. Work Approach - The proposed services that the firm is capable of providing and the firm's approach to meet the needs of the City.
3. Project Controls - The firm's ability to control costs and provide accurate and timely invoices, stay within budget, monitor schedule, and describe the techniques used to complete projects within the proposed time frames.
4. Relevant Experience and Client References
5. Fee Schedule and Cost - The proposed fee schedule and any cost proposals for specific scope of services items will be evaluated based on reasonableness of the proposed rates or costs.
Rates and costs will be evaluated on those that the City or other comparable public agencies have paid for similar services, and in accordance with what is to be considered with the industry's standard and customary rates and costs for the services.
Selections by the City shall be based on demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required and shall not be awarded solely based on hourly rates and/or services cost. Selections will be made to ensure that such services are engaged based on demonstrated experience and qualifications at fair and reasonable rates/prices to the City.
11-5. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the City's Evaluation Committee, the City will recommend a list of Consultants for award at a City Council Meeting. The selected Consultants will enter into an agreement with the City based upon the contents of the RFP and the Consultant's proposal. Consultants not chosen will be informed following the City Council Meeting.
City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 14 of 39 11-6. EXECUTION OF AGREEMENT
A sample On-Call Professional Services Agreement is attached herein as an Attachment "C". The term of the Agreement will begin once the Agreement is fully executed, and a W9 and a certificate of insurance and related insurance endorsements that meet the City's requirements have been received and approved.
11-7. ACCEPTANCE OF AGREEMENT AND TERM
After the City Council awards the on-call list, the City will work to fully execute the On-Call Professional Services Agreements with the approved Consultants (Attachment "C"). The ordering period for specific scopes of services on the On-Call Professional Services Agreement will be for three years, subject to renewal administratively by two additional one-year periods based upon an evaluation of the Consultant's performance by City staff. The terms of the On-Call Professional Services Agreement will remain in force until all scopes of services are completed.
SECTION Ill - PROPOSAL FORM AND CONTENT
111-1. GENERAL INFORMATION
The City reserves the right to retain all proposals submitted . Submission of a proposal indicates Consultant's acceptance of the conditions contained in this RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the agreement between the City and the selected Consultants .
The City reserves the right to reject any or all proposals, in whole or part, to waive any informality in any proposal, and to accept the proposal which, in its discretion , is in the best interest of the City. Any Consultant may withdraw their proposal, without obligation, at any time prior to the RFP Due Date. A withdrawal will not be effective unless made personally in writing to the City Contact prior to the RFP Due Date. Proposals may later be referred to the City Council for appropriate action.
Proposals must be valid until July 1, 2023.
111-2. PROPOSAL SUBMISSION REQUIREMENTS AND RESPONSE FORMAT Consultant is responsible for preparing a well-organized and concise written proposal. Emphasis should be on completeness, clarity of content, and cost effectiveness of the hourly rates and specific scope of services item(s) proposal(s). Consultant should provide sufficient documentation to allow the City to assess the firm's general capabilities as they would apply to the City of Laguna Niguel and to evaluate responses to any specific scope of services item(s).
City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 15 of 39 To be considered for selection onto the City's On-Call Professional Services list, Consultants must submit a complete response to this RFP that includes the following mandatory information and/or requirements in the following format and order. Failure to provide any of the information requested below may be cause for the proposal to be considered non-responsive.
1. Certification Statement
2. Letter of Transmittal
3. Experience
4. Key Personnel
5. References
6. Fee Schedule
7. Specific Scope of Services Proposals (Optional)
Additional guidelines for the mandatory information and/or requirements listed above are described in the next sections. Although there is no page limit on this proposal, please provide brief, concise, relevant information that best pertains to service categories or specific scope of services item(s).
Emphasis should be placed on the proposed personnel and their experience relative to the proposed services. Services performed years ago by personnel no longer with the firm is not necessary to include. 111-3. CERTIFICATION STATEMENTS
All submitted proposals must contain a signed certification statement (see Section Vl-1). Additionally, Consultant shall affirmatively state that they have reviewed and are ready to execute the City's standard form On-Call Professional Services Agreement (Attachment "C") in its Letter of Transmittal. 111-4. LETTER OF TRANSMITTAL
All proposals must include a cover letter addressed to the City's Public Works Director and signed by a duly constituted official legally authorized to bind the Consultant to its proposal including the fee schedule and any specific scope(s) of services item(s) costs. The cover letter must include the legal name of company, corporate address and the name, address, phone number, and email address of the Consultant's main point of contact (to whom the City should direct correspondence). Consultant shall affirmatively state that they have reviewed and are ready to execute the City's standard form On-Call Professional Services Agreement (Attachment "C") and acknowledge receipt of all RFP addenda.
Additionally, Consultant shall identify the proposed service categories of interest and key individuals who will be involved in providing the services to the City.
City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 16 of 39 111-5. EXPERIENCE
Describe the Consultant's capabilities, background, qualifications and experience as they relate to the service categories in Section 1-4. Describe your firm's strengths in the specialty areas of your qualifications. Describe your firm's approach to meet the needs of the City and your firm's ability to control costs and provide accurate and timely invoices. 111-6. KEY PERSONNEL
Provide an overview of the key personnel that will be made available by the firm for the services.
Submit a brief resume or other breakdown listing the experience of the key personnel. 111-7. REFERENCES
Include a minimum of three references for similar projects or contracts completed within the past five years for each category of services contained in your firm's SQQ. Include the project cost and year of completion, along with the project manager's name, address, and phone number. Rank the projects according to their similarity to the City of Laguna Niguel and your understanding of the general scope of services. Describe the project or type of services provided for each reference. Sub-consultants are not required to provide references; however, they may choose to if they feel it will strengthen their qualification package.
111-8. FEE SCHEDULE
Provide an hourly rate fee schedule applicable to the Consultant's personnel proposed to provide services on City projects in a separate sealed envelope. Also, include overtime hourly rates and pricing for any additional billing requirements (such as blueprint fees, etc.), if applicable. Rates shall remain valid for the initial three-year ordering period of the Agreement. Thereafter, rates may be reviewed for the extension; however, any proposed rate increase shall not exceed the current Consumer Price Index (CPI). Hourly rates quoted at the commencement of any specified project shall remain valid throughout the duration of that project.
Please note, the City will not be providing vehicles, laptops, or cell phones to perform any of the services. The equipment needed to perform the services shall be included in the proposal. No markups will be allowed for other direct costs and sub-consultant services. Mileage will not be compensated.
City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 17 of 39 111-9. SPECIFIC SCOPE OF SERVICES PROPOSALS
For each specific scope of services item (described in Section 1-5) that your firm desires to respond, Consultant must include the following, at a minimum:
• Key Personnel and Experience: Provide an overview of the key personnel that will assigned to the provide the services, including the name of the Consultant's Principal. Submit a brief breakdown listing the experience of the key personnel as it relates to the services tasks. Provide an organization chart that reflects the titles of key staff and management contacts of each individual assigned to provide the requested services.
• Work Plan: Provide a detailed work plan, discussing the Consultant's approach and draft schedule for providing the services described in the Specific Scope of Services item. The proposal should discuss how the Consultant will conduct each services area or task, in detail sufficient to demonstrate clear understanding of the requested services. • Cost Proposal: Itemized cost proposal by services area and key personnel using the hourly rates proposed in your fee schedule. Please note, the City will not be providing vehicles, laptops, or cell phones to perform any of the services. The equipment needed to perform the services shall be included in the proposal. No markups will be allowed for other direct costs and sub-consultant services. Mileage will not be compensated.
To be considered for selection, Consultants must submit a complete response to the specific scope of services item which includes the mandatory information and/or requirements in the format and order detailed above. Failure to provide any of the information requested below may be cause for the specific scope of services item proposal to be considered non-responsive.
SECTION IV - EVALUATION/ SELECTION OF PROPOSALS
IV-1. CLARIFICATIONS
The City reserves the right to seek written clarification of each proposal submitted. The City also reserves the right to require other evidence of minimum qualifications, technical, managerial, financial, or other abilities prior to selection.
IV-2. PROPOSAL EVALUATION AND SELECTION
The City will select Consultants for the on-call professional services list and the specific scopes of services based on the evaluation of the submitted proposals. The City reserves the right to request a Best and Final Offer (BAFO) from the top ranked Consultants. The City will recommend award of contract to the highest ranked and responsive Consultants.
City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 18 of 39 IV-3. MULTIPLE CONTRACTS
The City will be recommending multiple Consultants to be placed onto the City's On-Call Professional Services List for each of the services categories described in Section 1-4, Scope of Services of this RFP and recommending one Consultant for award for each of the specific scopes of services items. The City reserves the right to award the specific scopes of services items to more than one Consultant. If multiple Consultant's desire to work together, one Consultant will enter a contract with the City and agree upon a method of compensation with the other Consultant(s), separate from the City.
SECTION V - GENERAL RFP INFORMATION
V-1. PUBLIC RECORDS
Responses to this RFP become the exclusive property of the City and are subject to the California Public Records Act. Those elements in each proposal which are trade secrets as that term is defined in California Civil Code section 3426.l(d) or otherwise exempt by law from disclosure and which are prominently marked as "TRADE SECRET", "CONFIDENTIAL", or "PROPRIETARY" may not be subject to disclosure. The City shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked if disclosure is deemed to be required by law or by an order of the Court. Consultants who indiscriminately identify all or most of their proposal as exempt from disclosure without justification may be deemed non-responsive.
In the event the City is required to defend an action on a Public Records Act request for any of the contents of a proposal marked "confidential", "proprietary", or "trade secret", the Consultant agrees, upon submission of its proposal for City's consideration, to defend and indemnify the City from all costs and expenses, including attorney's fees, if any action or liability arising under the Public Records Act.
V-2. CANCELLATION
The City reserves the right to cancel this RFP or the contract award, at any time before execution of the contract by both parties, if cancellation is deemed to be in the best interest of the City. In no event shall the City have any liability for the cancellation of a contract award.
V-3. LATE PROPOSALS
All proposals that are not received by the RFP Due Date will not be considered and will not be returned to the Consultant.
City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 19 of 39 V-4. DISPUTES
In case of any doubt or differences of opinion as to the items or services to be furnished hereunder, or the interpretation of the provisions of this RFP, the decision of the City shall be final and binding upon all parties.
V-5. PROPOSER CERTIFICATIONS
By the act of submitting a Proposal in response to this RFP, the Proposer certifies that:
1. The Consultant has carefully examined all RFP documents, including the draft Agreement (attached as Attachment "C"), and all addenda, and fully understands the intention and services requested in the RFP, and the proposal is made in accordance therewith. Except as otherwise noted as part of the proposal, the Consultant certifies that Consultant is ready, willing, and able to comply with all terms of the attached Agreement.
2. The Consultant is familiar with the local conditions under which the services will be performed.
3. The proposal is based upon the requirements described in the RFP, without exception, unless clearly stated in the response.
4. The Consultant accepts all of the terms of the City's Agreement and warrants that Consultant will fully meet all of the insurance requirements contained therein. If the Consultant wishes to amend or modify any terms of the Agreement, such amendment or modification must be stated in particularity in the Proposal. Proposed changes to the Agreement not stated at the time of proposal submission will not be considered. Changes stated will be considered but may not be agreed upon by the City for contract award. If the City does not agree with such noted changes, the Consultant may withdraw the proposed change, or the entire proposal and the City may elect to award the contract to the next highest ranked Consultant.
5. The Consultant certifies, and in the case of sole proprietorship, partnership, or corporation, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of Consultant's knowledge and belief, no elected official, employee, or person whose salary is payable, in whole or in part, by the City has a direct or indirect financial interest in the proposal or in the services to which it relates, or in any of the profits thereof, other than as fully described in the Consultant's response to this RFP.
6. The Consultant has examined all parts of the RFP, including all requirements and contract terms and conditions thereof, and if its proposal is accepted, the Consultant shall accept the contract City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 20 of 39 documents thereto, unless substantive changes are made in same without the approval of the Consultant.
7. The Consultant, if an individual, is of lawful age; is the only one interested in this proposal; and no person, firm, or corporation, other than that named, has any interest in the proposal, or in the proposed Agreement.
8. The Consultant has quality experience providing the types of services and duties as described within the Scope of Services and Specific Scopes of Services Items of this RFP.
9. The Consultant shall also certify Consultant's state of residence.
V-6. NONDISCRIMINATION
By the act of submitting a proposal in response to this RFP, the Consultant certifies, under penalty of perjury, that the Consultant has not discriminated against minorities, women, or emerging small business enterprises, or a business enterprise that is owned or controlled by or that employs a disabled veteran, in obtaining any required subcontracts.
V-7. PROPOSED LIABILITY
Consultants responding to this RFP do so solely at their expense, and the City is not responsible for any Consultant expenses associated with the RFP. By proposing, Consultants agree that doing so is at their own risk and the City shall have no liability related thereto . Finalists invited to participate in interview evaluations are responsible for scheduling and paying for their own travel arrangements. The City is not liable for any cost incurred by a Consultant in protesting any portion of the RFP documents or the City's selection decision.
V-8. CITY REQUESTS FOR CLARIFICATION, ADDITIONAL RESEARCH, AND REVISIONS The City reserves the right to obtain clarification of any portion of a proposal or to obtain additional information necessary to properly evaluate a particular proposal. Failure of a Consultant to timely respond to such a request for additional information or clarification may result in a finding that the Consultant is non-responsive and consequent rejection of the proposal.
The City may obtain information from any legal source for clarification of any proposal. The City need not inform the Consultant of any intent to perform additional research in this respect or of any information thereby received.
City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 21 of 39 The City may perform, at its sole option, investigations of any Consultant. Information may include, but shall not necessarily be limited to, current litigation and contracting references. All such documents, if requested by the City, become part of the public record and may be disclosed accordingly .
The City reserves the right to request revisions of any proposal after the date and time due and before award for the purpose of obtaining best and final offers .
V-9. REJECTION OF PROPOSALS
The City reserves the right to reject any or all irregularities or omissions in proposals submitted in response to this RFP to the extent it is determined to be in the best interest of the City to do so.
Furthermore , the City reserves the right to reject any or all proposals or portions thereof submitted in response to this RFP. Proposals may be rejected for one or more of the following reasons, including but not limited to:
1. Failure of the Consultant to adhere to one or more of the provisions established in the RFP.
2. Failure of the Consultant to submit a proposal in the format specified herein .
3. Failure of the Consultant to submit a proposal within the time requirements established herein .
4. Failure of the Consultant to adhere to ethical and professional standards before , during, or followjng the proposal process.
The City may reject any proposal not in compliance with all prescribed public procurement procedures and requirements and may reject for good cause any or all proposals upon a finding by the City that it is in the public interest to do so. Rejected proposals are considered to be non-responsive .
V-10 . MODIFICATION OR WITHDRAWAL OF PROPOSAL BY CONSULTANT A proposal may not be modified, withdrawn, or canceled by the Consultant following the time and date the proposals are due (RFP Due Date). Proposals submitted early may be modified or withdrawn only by notice to the City at the proposal submittal location prior to the time and date the proposals are due. Such notice shall be submitted to the Project Manager, by email, sent by a duly authorized representative of the Consultant submitting the proposal. All such communication shall be worded so as not to reveal the contents of the original proposal. Withdrawn proposals may be resubmitted prior to the time and date the proposals are due, provided that they are then fully in conformance with the RFP.
City of Laguna Niguel, CA - RFP - On-Call Professiona l Services Page 22 of 39 V-11. DURATION OF PROPOSAL
Proposal prices, terms, and conditions shall be firm until July 1, 2023. Proposals shall not be subject to future price escalation or changes of terms during this period .
V-12. LOCAL, STATE, AND FEDERAL REQUIREMENTS
The City intends to select Consultants in accordance with California law and the City's municipal code.
Selection of Consultants under this process is not a guarantee of a contract award, nor is the award of a contract for any portion of the project a guarantee of award of a contract for any subsequent services.
All services are subject to budgetary and funding constraints of the City.
The selected Consultants shall comply with all federal, state, and local laws, regulations, executive orders, and ordinances applicable to the services under the Agreement, including, without limitation, the provisions of: (i) Title VI of the Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations .
SECTION VI - FORM TO BE SUBMITTED
Please complete and submit the following form as part of your proposal:
Vl-1. Certification Statement
City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 23 of 39 Vl-1. CERTIFICATION STATEMENT (SUBMIT WITH PROPOSAL)
This certification statement is provided in response to the City of Laguna Niguel's RFP titled:
On-Call Professional Services
All proposals must include this certification statement, signed by a duly constituted official legally authorized to bind the Consultant to its proposal, fee schedule and specific scope of services items cost schedules.
1. Proposal may be released in total as public information in accordance with the requirements of the laws covering the same. Any proprietary information has been clearly marked.
2. Proposal, fee schedule and specific scopes of services item cost schedules shall be valid and binding until July 1, 2023 and will become part of the contract that is negotiated with the City.
3. The Consultant has not and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a minority, woman , or emerging small business enterprise.
4. The Consultant certifies that this proposal has been arrived at independently and has been submitted without collusion designed to limit independent bidding or competition.
5. The Consultant has not had any communication with a City Council member in relation to their proposal. If so, Consultant will provide a copy of such communication for the public record .
6. The Consultant has never been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation.
Consultant's Signature Date
Print Name Title
Consultant's Federal Taxpayer Identification Number:
City of Laguna Niguel , CA - RFP - On-Call Professional Services Page 24 of 39
ATTACHMENT A - CITY MAP
N
A
City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 25 of 39
ATTACHMENT B - FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM SUMMARY City of Laguna Niguel
Capital mprovement Project s
For Fiscal Years 2022-23 throu gh 2026-27
Estimated tr\lndrig
It Project S Year Cost Source FY 22-23 FY 23-24 FY 24-2.5 FY 25-26 FY 26-27 ~ 3ti>poo
52.23-01 Chapparosa Park Soa:er Field Synthetic 700,000 American Rescue Plan 700 ,000 • • • • Turf Replacement
5323-01 Manna His Parii Improvements 900,000 American Rescue Aan 100,000 800,000 • - -
53.23-02 Parlcs Modernaat10n Proiect 750,000 American Re,,cue Plan 750.000 • • - • 7023-01 AcC1!5slble Pedestrian Slcna,I Push aJttons 250,000 CDBG 50,000 SO.ax> 50,000 50,000 50,000
70.23-02 Crown Valley Pancway Landscape 600,000 American Rescue Plan 100,000 500,000 .
Improvements • Nort:11 of Club House Dr.
7023-03 Cn:JWt Valley Pa~Traffic Scnal 335,000 Gas Tax- HUTA 335,000 - - - - SynchroniQtlo,v'TMC lmproW!l'lll!nts
70.23-04 Golden l..lnb!m/Mou lton Parkway Traffic 400,000 Gas Tax HUTA 400,000 Signal Synchrornzat10n
7022-0I Pacnic Island Ori,ie • Orainace and Wall 350,000 Gas Tax - HIJTA 50,000 300.000 - - - - , lmpnM!r'l!erits
n/a CrownValleyPar1cwayWestboundWidern~ 23,550,000 App)vmgforGrants 12,300,000 11.250.000 • - 7022-0li La Paz Rmd Ear1h Mowment Evaluaton 200,000 Amaic.in Rescue Aan 200,000 - - - - n/a BLlli Shelter Replacement PrQJect 600,000 American Rescue Plan • 100,000 500,000 - • n/a Medanlmprwements 1,S00,000 ACJ91v'«11forGrants • - 1,500,000 - - 7022-03 Manna Hil ls Drive Resurfaci~ Proiect - 2,000,000 CR RSM Grant 200,000 - - • Nguel Road tD Golden J..tntern Gas Tax - SBl 1,800.000 - - • 7023-05 Intersection Vehlde Detec1ion lmpnJ11ements 200,000 Gas Tax - HUTA 200,000 - - - -
70.23-06 Residential Resurfacifl: Program 10,500,000 Measure M2 3,000.000 - 3,000.000 - 3,000.000 Gas Tax · HUTA 500,000 • 500,000 • 500,000
70ll-07 Re,1*ntial Overlily Pr~ 2, n9,ll6 Gas Tilll - !Bl 218,562 500,000 500,000 S00,000 500,000 CDBG 510,7S. • - - -
Grand 1 atals 45,164,316 9,414,316 14,550,000 17,300,000 SS0,000 4,050,000 ~\, :--·_: ~~r~rol _ley~• _ 1,010,000 MeasueM2Grant• 215,000 210,000 215.000 220!000 150,000, \'::~.~---!:.-~ -;;;::t~,;iaiFt",;;~-P,ojKtl.~OCTA~ll!'q~t.~!!~ -Fi.id ,, < •,• .•. ,_ _:-. ... ,"'< ~« ··•hA,- ¥ },.,,.,! \.•1.·,«::,:c-·~· Total by Fundif'll Sources S-Year Total
'UI 1t•
::: n•
ij . "'·
•• •n
,_ i:.111'i"im
Gr.Ind T atals 45,1164,316
City of Laguna Niguel , CA - RFP - On-Call Professional Services FY 22-23 FY 23-24 FY 24-25 FY 2.5-26 FY:ZG-27
9,1114,316 14,550,000 17,300,000 550,000 4,050,000
ATTACHMENT C - CITY'S SAMPLE PROFESSIONAL SERVICES AGREEMENT I
The Sample Professional Services Agreement will be provided in an Addendum to this RFP.
City of Laguna Nigue l, CA - RFP - On-Call Professional Services Page 27 of 39 I
ATTACHMENT D - ITEM 1: PUBLIC WORKS DEVELOPMENT ENGINEERING AND
PROJECT MANAGEMENT SERVICES
The City of Laguna Niguel is seeking proposals for a consultant to provide an individual to perform development engineering and project management (PM) services and other projects as assigned. The individual may be a Senior Civil Engineer (licensed Civil Engineer in California) or a similarly qualified person and will provide the services on-site for approximately 20 hours per week, under the direction of the Public Works Director/City Engineer (or her designee), advising the City regarding all engineering related matters. The Respondent will be expected to fulfill, at a minimum, the services and technical requirements described in the Scope of Services. Upon final selection, the Scope of Services may be modified and refined during negotiations with the City. Consultant may be required to provide additional qualified personnel in accomplishing work for the City. Use of additional qualified staff will be coordinated on a task-by-task basis with the Public Works Director/City Engineer.
Typical duties will include, but not limited to, the following:
• Review or plan check private development plans and final maps for compliance with codes, regulations, and standards; review adequacy of applications for permits and compliance with approved plans; arrange and oversee contract plan check; general land use project review from a Public Works perspective; work with the City's Community Development Department on the review and processing of applications such as plan checks, use permits, design reviews, and tentative maps.
• Review development traffic studies, focused on transportation issues. Consultant should have a good working knowledge of the City's development review process and practice. Consultant will review, analyze, and evaluate traffic impacts and address circulation issues related to development projects.
• For capital improvement projects, serve as Project Manager; coordinate the preparation of or develop engineering plans; review design; coordinate required advertising for bids; review construction bids; make necessary recommendation regarding selection of consultants or contractors; perform field reviews; supervise project inspectors. • Provide project management for the construction of municipal Public Works projects; oversee assigned projects to ensure contract compliance with time and budget parameters for the project.
• Review traffic control and street improvement plans; process dig alert tickets; perform records searches; obtain project permits (regulatory, encroachment, building, etc.); respond to public inquiries.
• Administer local, state, and federal grant funded projects and complete grant reimbursement requests.
City of Laguna Nigue l, CA - RFP - On-Call Professional Services Page 28 of 39 • Oversee issuance of encroachment and transportation permits. • Interpret plans in the field; provide guidance to inspectors and developers. • Determine applicable codes, regulations, and requirements for assigned projects. • Submit bonds and subdivision agreements to City Council. • Prepare staff reports to City Council.
• Coordinate with City Attorney when necessary.
• Coordinate with Community Development staff regarding grading issues involving public property; authorize street and drainage maintenance and reconstruction. • Attend bi-weekly Public Works and Community Development coordination meetings.
City of Laguna Niguel, CA - RFP- On-Call Professional Services· Page 29 of 39 ATTACHMENT E - ITEM 2: TRAFFIC SIGNAL OPERATIONS
The City of Laguna Niguel is seeking proposals for a consultant to provide traffic signal operations services under the direction of the Public Works Director/City Engineer (or her designee) advising the City regarding traffic signal related matters. The Respondent will be expected to fulfill, at a minimum, the services and technical requirements described in the Scope of Services. Upon final selection, the Scope of Services may be modified and refined during negotiations with the City. Consultant may be required to provide additional qualified personnel in accomplishing work for the City. Use of additional qualified staff will be coordinated on a task-by-task basis with the Public Works Director/City Engineer.
Typical duties will include, but not limited to, the following:
• Monitor the City's 83 traffic signals on a daily basis. • Assist the City in resolving traffic signal operations complaints and respond to public inquiries . • Report all traffic signal issues and malfunctions to the City's traffic signal maintenance contractor within 24 hours.
• Provide monthly report of problems addressed.
• Review traffic signal and communication plans.
• Provide as-needed traffic signal system support services (minimum 10 hours/month). • Provide as-needed traffic signal operations services for special events, incidents, or emergencies (minimum 1 hour/month).
• Provide as-needed on-site support at City's new Traffic Management Center (anticipated to start in 2025 ).
• Set up remote access to City's traffic signals (one-time).
A map of the City's signalized intersections with key is provided on the following pages.
City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 30 of 39 LEGEND
• Lag;una Nigue l Maintained
Al ~ o Vi e-jo ma inta~ned
C !trans ma,intai ed
Signalized Intersections
City of Laguna Nigue l
City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 31 of 39 KEY FOR SIGNAUZED INTERSECTllONS MAP
10 IN11ERS E TIONI
0 SR-73 @ Greenfield
0 SR-73@ 0 !ton
1 Crmim Valley @ orbes
2 Crown Valley@ cabot
3 ca oot @ Costco Ent ra ce
4 cabot@ Paiseo De Colinas
5 Camino Capistrano@ Pa.seo de CoJinas
6 Golde La tern@ Pa1seo De Colinas
7 Golden La1ntern@ Hidde Hills
8 Golden Lan ern@ Marina Hills
9 Golde Lan ern @ Sweet eadow
10 Go Id en Lan ern @ Chappa rosa Park Rd
1 Golde Lan ern @ St. Ch ristop er
12 Go den Lanter @ St. Chris op er S/Sard ina
13 Golde La tern @ Fire Sta ion
4 Go1den Lain ern @ Beam Hill
5 Golden Lante rn @ Old anc
16 Golden Lantern@ Via Ladera
17 can i o Del Avion @ Pacif ic Cres
18 Can i o Del Avion @ Goslden Lantern
19 Camino Del Av ion@ Ocean Ra ch
20 Ca i o Del A ion @ Bear Brand
21 Camino Del Avion@ Niguel
22 Nigue l @ C arles
23 igue l @ idgewa1y
24 Mar ina Hills@ igue l
25 Marina ills@ Pare Vista W {Va lle Vista )
26 Crow Valiley @ Greenfie l,d
27 Crown Valley@ M o ulton / Golden l ante rn
28 Crown Valley @ • ueva Vista
29 Crow n Valley @ La Paz
30 Crown Valley@ La Plata
3 Crown Va 11 ey @ Cen al Park
32 CIO \'in Va'lley @ iguel
33 Crm m Valley@ Alic ia
34 Crow Va11Jey@ Clubhouse
35 Camino Del Avio @ Barken -. e
36 Camino Del Avion @ Sout h Peak
37 Crow n Valley@ Ci! i o Del Avion
38 Alicia @ Ivy G le / Pacific Is Ian d Dr
39 Alicia@ Niguel
40 La Paz@ ings Rd
41 M o lo @ Nueva Vista
42 Mo ulton@ R.ancho Nigue l
City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 32 of 39 10 iNl'ERS ECnON
43 Aliso Creek @ La az.
44 La Paz @ A v1Ja
45 La Paz@ Aven ida Breve
46 Aliso Niguel @ Pacific Park
47 M o 0 @ Al- o Creek
48 Ra cho igue J@ Ran o Niguel Center
49 Green fie Id @ Rain ch o Nijgu el
50 Alic ia@ Hig lands
5 Avery@ Ca i o C-apis ra o
52 La Paz @ Pacif ic Pa rlk
53 Alic ia@ Pac.ific Park *
54 Alicia@ Avila
55 Alic ia @ Federal Loading
56 [email protected] o Creek oad
57 igue l @ La Her osa
58 Clubho use@ Niguel
59 AJicia@ Kite Hill Sou
60 Pacific Isla d @ ighla nds
6 igue l @ Ivy Gle
62 Crow n Valley@ Hillhurst
63 Augu.s @ ig el
64 M anina Hills @ Pare Vista E (Vall,e Vista )
65 Nigue l @ Beacon Hill
66 Crow Valley @ Adela to
67 AJ i cia @ Ma rket pace North
68 AUciai@ arketp lace So h
69 Crm Valley@ Com u ity Park
70 Golden nter @ Shark Bay
7 P,acific Park @ Heat her idge
72 A licia @ Bikje XING
73 Ali.s,o Creek@ Dori ne
74 Avila @ Heat her Ridge
75 Alid a @ Kite Hill 0
76 Paseo De Colinas @ el Cerro
77 M o 0 @Av ila
78 Pa.sea De Colinas@ Stair Drive
79 Aliso Cree @ iguel Heig
80 Alis,o Nigue l @ Moulto n
81 M arina Hills @ Tessier
82 Cabo @ Cabot Way
83 Nig el @ Crestav il lafThe Vista
City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 33 of 39 ATTACHMENT F - ITEM 3: TRAFFIC ENGINEERING
The City of Laguna Niguel is seeking proposals for a consultant to act in the capacity of a City Traffic Engineer, under the direction of the Public Works Director/City Engineer (or her designee) advising the City regarding all traffic related matters and responding to citizen and stakeholder requests. The Respondent will be expected to fulfill, at a minimum, the services and technical requirements described in the Scope of Services. Upon final selection, the Scope of Services may be modified and refined during negotiations with the City. Consultant may be required to provide additional qualified personnel in accomplishing work for the City. Use of additional qualified staff will be coordinated on a task-by-task basis with the Public Works Director/City Engineer.
Typical duties will include, but not limited to, the following:
• Respond to requests related to traffic signal operations, streetlights, flashing beacons, and radar feedback signs.
• Coordinate with the City's traffic signal timing and operations consultant who manages the City's traffic signal operation for 78 83 traffic signals. • Coordinate maintenance activities with the City's maintenance supervisor and traffic signal maintenance contractor.
• Attend various inter-agency meetings, such as the Orange County Transportation Authority (OCTA), County, or other municipalities, on the City's behalf. Work closely with City staff, Caltrans staff, representatives from the Transportation Corridor Agencies, the Orange County Transportation Authority, the County of Orange (Sheriff's Department and Public Works Department), and neighboring public agencies in analyzing traffic related concerns and mitigation.
• Prepare and present agenda reports for City's Traffic and Transportation Commission meetings, held on the fourth Wednesday of each month. Review meeting agendas, meeting minutes, and public notices. Attend City Council and Planning Commission meetings as requested, answer traffic and transportation related questions, and provide presentations. • Maintain office hours at City for approximately 16 hours per week. Additional office hours may be required on an as-needed basis.
• Selected Consultant will have general oversight of the Traffic Engineering Division within the Public Works Department including but not limited to:
o Traffic Signal Operations and Timing
o Traffic Signal Maintenance
o Traffic Engineering Design and Construction
o Neighborhood Traffic Management Programs
o Traffic Planning
o City's Trolley Program
City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 34 of 39 NEIGHBORHOOD TRAFFIC MANAGEMENT SERVICES:
• Respond to requests from the public regarding traffic calming concerns. Requests will be reviewed and evaluated to assess and develop solutions to address the concern. Selected Consultant will oversee the collection of data to ensure the most appropriate measures and devices are utilized; and will perform after studies to determine the resulting effectiveness. • Perform site visits and meet with residents in person as needed. • Participate in the planning and preparation of work orders for the installation, removal or replacement of traffic signs, markings, traffic devises, and streetlights. Prepare and document justification in conjunction with the Public Works Director/City Engineer. • Respond to citizen, HOA, and other City stakeholders for general traffic requests, traffic calming, speeding, parking issues, and transportation improvements (traffic control devices, parking restrictions, school zone safety, etc.).
• Work closely with schools and school district personnel on related traffic circulation concerns. • Participate, organize, and present at neighborhood traffic related community meetings as required.
TRAFFIC ENGINEERING:
• Review and make recommendations on all traffic reports and provide input relating to traffic concerns on planning and development applications.
• Develop a prioritized list of traffic improvement projects for inclusion into the City's Capital Improvement Program (CIP), coordinate any existing project lists, including developing planning level cost estimates for establishing budgets.
• Review all proposed improvements and traffic control plans related to CIP, City events, or encroachment permits for conformance to the City's Traffic Engineering Standards (California Manual on Uniform Traffic Control Devices, City's municipal code, the City's Circulation Element within the General Plan, the State's vehicle code, and other pertinent legal requirements and industry guidelines).
• Advise Public Works Director/City Engineer of changes in policy, innovative technology/designs, and other pertinent external changes in the traffic engineering industry. • Prepare traffic modification and channelization designs, including plans, specifications, and cost estimates.
• Review development/subdivision traffic reports, onsite circulations, parking studies, building plans, and re-zoning requests for impacts to traffic conditions. Create traffic related Conditions of Approval for proposed development projects in coordination with the City's Community Development Department.
• When requested, prepare engineering reports and/or memoranda related.to pedestrian traffic patterns, traffic installations, and traffic control devices, such as stop signs, signals, crosswalks, speed zones, and traffic control.
City of Laguna Niguel, CA - RFP ~ On-Call Professional Services Page 35 of 39 • Work with City staff and other consultants in developing, monitoring, and providing input into traffic services.
• Provide technical advice on traffic signal facilities, accident rates, new developments, and maintenance of traffic facilities.
• Prepare grant applications and coordinate with grant agencies. Submit required grant compliance documentation and invoicing.
• Prepare the City's Annual Report to the South Coast Air Quality Management District for AB 2677 funding.
• Prepare the City's Local Signal Synchronization Plan (LSSP) as required by OCTA every three years.
• Prepare the City's annual Measure M2 Eligibility Package, including ~ity Council agenda report for resolutions.
• Review progression and timing on City's six arterial corridors: Crown Valley Parkway, Golden Lantern/Moulton, La Paz Road, Alicia Parkway, Aliso Creek Road. • Collect, tabulate, and analyze traffic information as requested. • Act as liaison with Police Services representatives. Coordinate with Police Services regarding enforcement, education, and engineering initiatives.
• Lead implementation of traffic related Smart City initiatives within the City's Strategic Plan.
• Participate in construction inspections.
• Provide traffic related analyses as requested by the Public Works Director/City Engineer or other engineering staff.
• Provide oversight for updates to the City of Laguna Niguel Traffic Manual, keeping it up to date with current MUTCD standards and best practices.
City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 36 of 39 ATTACHMENT G - ITEM 4: GEOTECHNICAL SERVICES
The City of Laguna Niguel is seeking proposals for a consultant to provide geotechnical engineering, consulting, monitoring and inspection services and engineering geology services for the Capital Improvement Program and other public works projects.
Services include but are not limited to:
A. Geotechnical Engineering
• Site Reconnaissance • Retaining Walls
• Plan Checking (Third-Party Review) • Mechanically Stabilized Earth Walls • Feasibility Improvements • Distress Investigations
• Ground Improvement • Geotechnical Peer Review
• Geotechnical Hazard Evaluations • Mediation and Arbitration Support • Landslide • Expert Witness Consultation/
Investigations/Stabilizations Testimony
• Hillside Grading • Expert Panel Participation
• Ground Water Investigation • Foundation Engineering
• Liquefaction • Geotechnical Instrumentation
Assessments/Mitigation
• Settlement Analysis • Construction Observation and Testing • Dewatering Design • Infiltration Testing and Analysis • Drainage Design • Analysis of Temporary Excavations
• Flexible Pavement Design • Erosion Studies
• Lateral Spreading • In-house Laboratory Testing
B. Engineering Geology
• Site Reconnaissance • Seismic Evaluations
• Subsurface Exploration • Seismic Response Spectrum
• Geologic Mapping • Air Photo Interpretation
• Geologic Hazard Evaluations • Rippability Evaluations • Fault Investigations • Flood Hazard Potential
• Rock Fall Potential • Debris Flow Evaluations
C. Geotechnical Emergency Consulting
• Immediate 24/7 response to emergencies.
• Immediate evaluation and consultation.
• Real time recommendations regarding public safety issues (i.e., tagging of homes, etc.)
City of Laguna Niguel , CA - RFP - On-Call Professional Services Page 37 of 39 D. Geotechnical Monitoring
• Deformation/Strain
o Inclinometers
o Extensometers
o Settlement Monuments
o Settlement Plates
o Utility Point Markers
o Tiltmeters
o Strain Gauges
o Crack Gauges
• Video
o Pipe video
E. CIP Inspections (As-Needed)
• Roadway Rehabilitation
• Grading and Drainage improvement
• Park Renovations
• Facility Construction
• Groundwater Remediation
• Groundwater
o Monitoring wells
o Piezometers
• Pressure
o Pressure cells including
■ Vibrating wire
■ Pneumatic
■ Tactile
• Vibration and Sound
o Four-channel portable seismographs
with sound monitoring
City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 38 of 39 ATTACHMENT H - ITEM 5: STORM WATER COMPLIANCE
The City of Laguna Niguel is seeking proposals for a consultant to provide Storm Water Compliance services on an on-call basis. The number of hours and mix of work will depend on the actual workload. Most of the work can be accomplished most efficiently at City Hall. However, the City is open to remote capabilities. The City will provide the Consultant standard workspace accommodations including telephone, personal computer and internet access at City Hall.
Services will include, but not limited to, the following:
• Manage compliance with environmental laws and regulations, including the City's Local Implementation Plan and MS4 Permit.
• Participate in budget preparation; prepare cost estimates; submit justification for budget items; monitor and track program expenditures.
• Manage federal and state grants for environmental programs and capital improvement projects.
• Determine applicable codes, regulations, and requirements for assigned projects. • Respond to public or other inquiries related to environmental regulations and best management practices; evaluate issues and options regarding municipal Public Works and make recommendations.
• Prepare staff reports to City Council when necessary. • Provide professional direction to City staff and contractors. • Coordinate with Community Development staff regarding environmental issues involving public and private property development and usage.
• Coordinate activities with State and County agencies; prepare and submit compliance reports.
Maintain contact with other City, County, State, and Federal agencies, professional and technical groups regarding Department activities and services. • Attend and participate in meetings (e.g. co-permittee meetings) • Meet with and assist Public Works and other City Departments with reviewing current procedures/practices and exploring opportunities to adjust these practices to conform to regulatory requirements.
• Attend and participate in regional watershed planning efforts relative to Laguna Niguel's interests.
• Assist with development and implementation (reporting) of Grant Funding. • Provide technical input on and perform review of SWPPPs and/or Erosion and Sediment Control Plans, and more broadly, development of procedures to ensure adequate review of these Plans.
Perform related duties as assigned.
City of Laguna Niguel, CA - RFP - On-Call Professional Services Page 39 of 39
ATTACHMENT B
Amendment No. 5 to the On-Call Professional Services Agreement with GMU Geotechnical, Inc.
AMENDMENT NO. 5 TO AGREEMENT
FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
GMU GEOTECHNICAL, INC.
FOR MUL TIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 5 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES ("Amendment No. 5") is made and entered into ___ 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
1. City and Consultant entered into an on-call professional services agreement on July 1, 2023, for the provision of on-call professional services ("Agreement"). The current term of the Agreement expires on June 30, 2027.
2. City and Consultant have entered into amendment(s) to the Agreement as detailed in "Prior Amendments to Agreement" attached hereto as Exhibit E-5.
3. The City has requested that Consultant provide specific Engineering, Architecture, and Landscape Architecture Design, Environmental Program Assistance, Construction Management and Inspection, and Geotechnical Services ( the "Services"), which are contemplated under the. Scope of Services of the Agreement, on an as-needed multi year basis pursuant to the terms of the Agreement (the "Project").
4. Consultant has the qualifications and experience to render the requested Services, and submitted a written project proposal ("Project Proposal") to provide the Services for the Project.
5. Section 1.1 of the Agreement provides that the actual performance of services by Consultant for City shall be established on a project-by-project basis through a separate "Specific Services" amendment to the Agreement.
6. City and Consultant now desire to enter into Amendment No. 5 to the Agreement in order to establish terms for the Consultant's performance of the requested Services on the Project, and in order to exercise Option Year 2 of the Agreement, thereby extending the term to expire on June 30, 2028.
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:
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1. Term of Agreement. Section 3.2 of the Agreement is hereby amended in its entirety to read as follows:
"Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until June 30, 2028."
2. Project Term. This Amendment No. 5 shall become effective as of the date stated above and, unless earlier terminated in accordance with Article 7 of the Agreement, shall be coterminous with the term of the Agreement, automatically adopting any extensions, renewals, or earlier terminations of the Agreement, with no separate expiration schedule.
3. Consultant Project Proposal. The Project Proposal from Consultant for this Amendment No. 5 to the Agreement, shall be incorporated herein by this reference as though fully set forth herein. The Scope of Services shall include the scope of services or work included in the Project Proposal. In the event of any inconsistency or any conflict between the terms of the Project Proposal, and the Agreement or this Amendment No. 5, the terms of the Agreement or this Amendment No. 5, respectively, shall govern. No other terms and conditions from the Project Proposal, other than description of scope of services or work, shall apply to this Amendment No. 5 or the Agreement, unless specifically agreed to by City in writing.
4. Project Scope of Services. In compliance with all terms and conditions of the Agreement and this Amendment No. 5, Consultant shall provide on an as-needed basis those services specified in the "Scope of Services" attached hereto as Exhibit A-5 and incorporated herein by this reference, which may be referred to herein as the "Services" or "work" hereunder.
5. Project Special Requirements. Additional terms and conditions of this Amendment No. 5, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit B-5 and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B-5, and any other provisions of this Amendment No. 5 the Agreement, the provisions of Exhibit B-5 shall govern.
6. Project Compensation for Services. Subject to any limitations set forth in the Agreement and this Amendment No. 5, City agrees to pay Consultant for all Services under this Amendment No. 5, including authorized fees, costs and reimbursements, at the rates and in the manner specified in the "Schedule of Compensation" attached hereto as Exhibit C-5 and incorporated herein by this reference. Compensation for each project performed hereunder shall be determined by a Project Amendment specifying a not-to-exceed contract sum for the specific project. Compensation may include reimbursement, for actual and necessary expenditures, if both specified in either the Agreement or the applicable Project Amendment, as well as approved by City in advance. The not-to-exceed contract sum specified in any Project Amendment shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City.
Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or Services, Consultant shall promptly notify the City Representative of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto. -2-
7. Proiect Schedule of Performance. Consultant shall commence the Services pursuant to this Amendment No. 5 upon receipt of a written notice to proceed pursuant to Exhibit A-5 and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit D-5 and incorporated herein by this reference ( and as applicable the "Schedule of Performance" attached as Exhibit D to the Agreement). . 8. Prior Amendments to Agreement. Prior amendments to the Agreement, if any, are itemized in "Prior Amendments to Agreement," attached hereto as Exhibit E-5 and incorporated herein by this reference.
9. Consultant Representative for Proiect. The Consultant Representative for the Services under this Amendment No. 5 is _________ , who is authorized to act on Consultant's behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Amendment No. 5 to the Agreement. Therefore, the representative shall be responsible during the term of this Amendment No. 5 for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. For purposes of this Amendment No. 5, the representative may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City.
10. Continuing Effect of the Agreement. Except as amended by this Amendment No. 5 [and Amendment Nos. 1 through 4], all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 5, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 5 [and Amendment Nos. 1 through 4].
11. Affirmation of the Agreement. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each Party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
12. Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 5.
13. Authority. The persons executing this Amendment No. 5 on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 5 on behalf of said Party, (iii) by so executing this Amendment No. 5, such Party is formally bound to the provisions of this Amendment No. 5, and (iv) entering into this Amendment No. 5 does not violate any provision of any other agreement to which said Party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 5 on the date and year first-above written.
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
CITY:
CITY OF LAGUNA NIGUEL, a California
municipal corporation
Tamara S. Letourneau, City Manager
CONSULTANT:
GMU GEOTECHNICAL, 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.
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EXHIBIT A-5
SCOPE OF SERVICES
I. All work product is subject to review and acceptance by City, and must be revised by Consultant without additional charge to City until found satisfactory and accepted by City.
II. Consultant will perform as-needed services described in the Project Proposal and in more detail below. The Consultant has been selected to provide services of a certain nature which will be readily available for a fixed rate when needed. However, before any work is performed, the Consultant must provide a specific written proposal for any requested services and get written approval of the terms of the proposal from the City, as such process is more fully described herein. Unless specifically defined, each category or type of work listed in the Project Proposal shall be construed broadly to include all services customarily described under such category or type.
III. Consultant acknowledges that City has no obligation to request work from Consultant under this Amendment No. 5 or the Agreement. City may establish a rotation schedule with multiple consultants, and may seek competing Project Proposals.
IV. Services performed by Consultant under this Amendment No. 5 may include the following:
Engineering, Architecture, and Landscape Architecture Design, Environmental Program Assistance, Construction Management and Inspection, and Geotechnical Services A-5(1)
EXHIBIT B-5
SPECIAL REQUIREMENTS
(Superseding Amendment Template)
NOT APPLICABLE
B-5 (1)
EXHIBIT C-5
SCHEDULE OF COMPENSATION
I. Consultant will be compensated for the services performed pursuant to this Amendment No. 5 in accordance with Section 2.2 of the Agreement, and at the rates and in the manner set forth in Exhibit C of the Agreement, "Schedule of On-Call Compensation", incorporated herein, except as otherwise provided in an applicable Project Amendment.
II. Compensation for each project performed hereunder shall be determined by a Project Amendment as set forth in Section 6 of-this Amendment No. 5. The total compensation for the services provided shall not exceed the total Contract Sum, including any contingency amounts specified in the applicable Project Amendment.
III. Funds appropriated for each Project Amendment may not be transferred between any other Project Amendment authorized under the Agreement.
D-5(1)
EXHIBITD-5
SCHEDULE OF PERFORMANCE
I. Consultant shall on an as-needed basis perform all services and deliver all work products timely, in accordance with the Project Proposal and meet any schedules and deadlines as directed by the City or as otherwise agreed upon by the Parties, pursuant to the terms of the Agreement.
D-5(2)
EXHIBIT E-5
PRIOR AMENDMENTS TO AGREEMENT
1. "Specific Services" Amendment No. 1 to Agreement, executed on July 1, 2023, authorized Consultant's performance of As-Needed Multiyear Geotechnical Engineering services for the City pursuant to the terms of the Agreement and established a not-to-exceed Aggregate Contract Sum of $660,000.
2. Amendment No. 2 to Agreement, executed on April 1, 2025, provided Private Development Plan Checking services for The Cove at El Niguel from Consultant to City for a not to-exceed Contract Sum of $49,500.
3. Amendment No. 3 to Agreement, executed on July 1, 2026, exercises Option Year 1 of the Agreement, extending the term to June 30, 2027, and updates Exhibit C, "Schedule of On Call Compensation" fees and rates applicable to the Agreement.
4. Amendment No. 4 to Agreement, executed on July 1, 2026, exercised Option Year 1 of Amendment No. 1, extending the term to June 30, 2027, ~nd updates Exhibit C-1, "Schedule of Compensation" fees and rates applicable to Amendment No. 1.
E-5 (1)