To:
CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
Honorable Mayor and Council Members
FROM: Kevin X. O'Connor, Acting Public Works Director
September 15, 2026 DATE:
SUBJECT: Approval of Amendment No. 7 to the On-Call Professional Services Agreement with GMU Geotechnical, Inc. for Microtrenching Support Services
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Amendment No. 7 to the On-Call Professional Services Agreement with GMU Geotechnical, Inc. to provide Microtrenching Support Services related to the City-wide Fiber Optic Installation Project for a not-to-exceed amount of $140,768.50; and,
2. Authorize the City Manager to execute Amendment No. 7 to the On-Call Professional Services Agreement with GMU Geotechnical, Inc., subject to the City Attorney making non-substantive changes.
BACKGROUND
In 2021, California Senate Bill 378 was signed into law, requiring local agencies to allow microtrenching for underground fiber optic infrastructure. Microtrenching is a construction technique that involves creating narrow and shallow trenches in existing roadways to install underground fiber optic infrastructure. Several companies have shown interest in utilizing microtrenching to install underground fiber optic infrastructure within the City's public right-of-way through the encroachment permit process.
In anticipation of microtrenching applications, staff prepared City standard microtrenching requirements and met with fiber optic company representatives to discuss proposed construction methods, restoration requirements, and anticipated impacts to existing streets. Staff also conducted field observations in neighboring jurisdictions where microtrenching has been implemented to evaluate pavement restoration and roadway conditions following installation.
ANALYSIS
To support the implementation of the City's microtrenching requirements, the City requires specialized technical assistance to review proposed construction methods and plans, evaluate pavement restoration, provide construction observation, conduct testing, and perform field inspections. The anticipated microtrenching projects will require consistent application of the City's standards and requirements to ensure that installations and roadway restoration are properly evaluated and constructed within the public right of-way.
To best serve the residents of Laguna Niguel and ensure the City's microtrenching requirements are met, staff requested a proposal from On-Call Consultant GMU Geotechnical, Inc. (GMU). GMU's proposed scope of work includes geotechnical services, plan check reviews, construction observation and testing, and field inspections to implement microtrenching as necessary for the installation of underground fiber optic infrastructure. GMU is on the City's approved list of On-Call Geotechnical Services firms and is the only approved On-Call Consulting firm that provides all the required services in the proposed scope of work.
Utilizing GMU's specialized expertise and experience with · microtrenching projects will supplement Public Works staff resources and provide the technical support necessary to review and oversee current and future microtrenching projects. Staff recommends that the City Council approve Amendment No. 7 to the On-Call Professional Services Agreement with GMU in.the amount of $140,768.50 (Attachment A). All costs associated with microtrenching support services provided under Amendment No. 7 to the On-Call Professional Services Agreement will be recovered from the applicable encroachment permit holders through the City's encroachment permit process. Approval of this agreement supports Goal 4 (Infrastructure and Technology) of the City's adopted Strategic Plan.
ALTERNATIVES CONSIDERED
The City Council may decide not to approve Amendment No. 7 to the On-Call Professional Services Agreement with GMU, Geotechnical, Inc. This alternative is not recommended as it would impact delivery of services, potentially delay the completion of projects, and limit the City from accessing specialized technical services.
FISCAL REVIEW
Costs associated with microtrenching support services provided under Amendment No. 7 to the On-Call Professional Services Agreement will be recovered from the applicable encroachment permit holders through the City's encroachment permit process.
Encroachment permit applicants will be responsible for applicable deposits, fees, and actual City staff and consultant costs associated with the review and inspection of work within the City's public right-of-way, in accordance with the City's Public Works Engineering and Encroachment Fee Schedule.
Microtrenching support services will be authorized on a project-by-project basis through the applicable encroachment permit process, with consultant costs funded by the permit applicant.
LEGAL REVIEW
The City Attorney's Office has reviewed this report and Amendment No. 7 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. 7 to the On-Call Professional Services Agreement with GMU Geotechnical, Inc. to provide Microtrenching Support Services related to the City-wide Fiber Optic Installation Project for a not-to-exceed amount of $140,768.50; and,
2. Authorize the City Manager to execute Amendment No. 7 to the On-Call Professional Services Agreement with GMU Geotechnical, Inc., subject to the City Attorney making non-substantive changes.
~to ~~
City Manager
~~- 0~
Kevin X. O'Connor
Acting Public Works Director
errera
ssistant Civil Engineer
Attachment:
Scott C. Smith
City Attorney
Principal Civil Engineer
A. Amendment No. 7 to the On-Call Professional Services Agreement with GMU Geotechnical, Inc.
ATTACHMENT A
Amendment No. 7 to the On-Call Professional Services Agreement with GMU Geotechnical, Inc.
AMENDMENT NO. 7 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
GMO GEOTECHNICAL, INC.
FOR MULTIYEAR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 7 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES ("Amendment No. 7") is made and entered into _______ by and between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and GMU Geotechnical, Inc., a Cal,ifomia Corporation ("Consultant"). City and Consultant may be referred to individually as "Party" or collectively as "Parties."
RECITALS
1. City and Consultant entered into an on-call professional services agreement on July 1, 2023 to provide on-call professional services ("Agreement"). The initial term of the Agreement terminates on June 30, 2026. Amendment No. 4 to the Agreement, executed on July 1, 2026, exercised Option Year 1 of the Agreement, extending the term to June 30, 2027. Amendment No. 5 to the Agreement, executed on August 18, 2026, exercised Option Year 2 of the Agreement, extending the term to June 30, 2028.
2. City and Consultant have entered into amendment(s) to the Agreement as detailed in "Prior Amendments to Agreement" attached hereto as Exhibit E-7.
3. City and Consultant entered into Amendment No. 5 to the Agreement on August 18, 2026 for the performance of specific Engineering, Architecture, and Landscape Architecture Design, Environmental Program Assistance, Construction Management and Inspection, and Geotechnical Services by the Consultant on an as-needed multiyear basis pursuant to the terms of the Agreement.
4. The City has requested that Consultant provide microtrenchingrelated geotechnical engineering, plan checking, and construction observation and testing services ("Services") to support the City-wide fiber optic installation project ("Project") as authorized by Amendment No. 5.
5. Consultant has the qualifications and experience to render the requested services and Consultant submitted a written project proposal for the above requested services dated August 26, 2026 ("Project Proposal").
I
6. City and Consultant now desire to enter into Amendment No. 7 to the Agreement for the Consultant's performance of the requested Services on the Project.
AGREEMENT
In consideration of the mutual promises and covenants made by the Parties and contained herein arid, other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
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1. Project Term. This Amendment No. 7 shall become effective as of the date stated above and shall terminate once the Services have been completed. Unless earlier terminated pursuant to Article 7 of the Agreement, and prior to completion of the Services, this Amendment No. 7 shall otherwise be coterminous with the term of the Agreement, automatically adopting any extensions, renewals, or earlier terminations of the Agreement.
2. Consultant Proiect Proposal. The Pro)ect Proposal from Consultant, for this Amendment No. 7 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. 7, the terms of the Agreement or this Amendment No. 7, 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. 7 or the Agreement, unless specifically agreed to by City in writing.
3. Project Scope of Services. In compliance with all terms and conditions of the Agreement and this Amendment No. 7, Consultant shall provide on an as-needed basis those services specified in the "Scope of Services" attached hereto as Exhibit A~ 7 and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder.
4. Project Special Requirements. Additional terms and conditions of this Amendment No. 7, if, any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit B-7 and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B-7, and any other provisions of this Amendment No. 7 or the Agreement, the provisiops of Exhibit B-7 shall govern.
5. Project Compensation and Aggregate Contract Sums. Subject to any limitations set forth in the Agreement and this Amendment No. 7, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit C-7 and incorporated herein by this reference. The total compensation ( excluding the Contingency Sum), including reimbursement for actual expenses, shall not exceed One Hundred Forty Thousand Seven Hundred Sixty-Eight Dollars and Fifty Cents annually ($140,768.50) ("Compensation Sum"). This Amendment No. 7 includes a contingency amount equal to Zero Dollars ($0) ("Contingency Sum") to account solely for additional work, or unforeseen conditions, related to the services. The total compensation (including the Contingency Sum), including reimbursement for actual expenses, shall not exceed One Hundred Forty Thousand Seven Hundred Sixty-Eight Dollars and Fifty Cents annually' ($140,768.50) ("Contract Sum"), unless additional compensation is J approved pursuant to Section 1.5 of the Agreement. The Consultant shall obtain written approval from the City for any use of any Contingency Sum provided for in Exhibit C-7. Compensation may include reimbursement, for actual and necessary expenditures, if both specified in either the Schedule of Compensation (Exhibit C-7 to this Amendment No. 7) or the Schedule of On-Call Compensation (Exhibit C to the Agreement), as well as approved by City in advance. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. C~nsultant 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.
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6. Project Schedule of Performance. Consultant shall commence as-needed services pursuant to this Amendment No. 7 upon receipt of a written notice to proceed pursuant to Exhibit A-7 and shall perform all services within the time period( s) established in the "Schedule of Performance" attached hereto as Exhibit D-7 and incorporated herein by this reference ( and as applicable the "Schedule of Performance" attached as Exhibit D to the Agreement).
7. Prior Amendments to Agreement. Prior amendments to the Agreement, if any, are itemized in "Prior Amendments to Agreement," attached hereto as Exhibit E-7 and incorporated herein by. this reference.
8. Consultant Representative for Project. The Consultant Representative for the work or services und~r this Amendment No. 7 is Greg Silver, President, 949-546-0080, [email protected], who is authorized to act on Consultant's behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Amendment No. 7 to the Agreement. Therefore, the representative shall be responsible during the term of this Amendment No. 7 for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder.
For purposes of this Amendment No. 7, the representative may not be replaced nor may their responsibilities be s~bstantially reduced by Consultant without the express written approval of City.
9. Continuing Effect of the Agreement. Except as amended by this Amendment No. 7, all provisions of Amendment No. 1 and the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 7, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 7.
10. Affirmation of the Agreement. City and Consultant each ratify and reaffirm each and every one of the i;espective rights and obligations arising under the Agree·ment. Each Party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
11. Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 7.
12. Authority. The persons executing this Amendment No. 7 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. 7 on behalf of said Party, (iii) by so executing this Amendment No. 7, such Party is formally bound to the provisions of this Amendment No. 7, and (iv) entering into this Amendment No. 7 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. 7 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
T4mara 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-7
SCOPE OF SERVICES
I. All work product is subject to review and acceptance by City, and must be revised by Consult~nt without additional charge to City until found satisfactory and accepted by City. •
II. Consultant will perform microtrenching related geotechnical engineering, plan checking, and construction observation and testing as described in the Project Proposal dated August 26, 2026 (refer to section 1.2 of the Agreement for conflicts).
A-7(1)
EXHIBIT B-7
SPECIAL REQUIREMENTS
(Superseding Amendment Template)
NOT APPLICABLE
B-7(1)
EXHIBIT C-7
SCHEDULE OF COMPENSATION
I. Consultant will be compensated for the Services performed pursuant to this Amendment No. 7 in accordance with the Project Proposal, and at the rates and in the manner, set forth in Exhibit C of the Agreement, "Schedule of On-Call Compensation".
II. Consultant shall receive compensation for the Services performed hereunder upon submission of a valid invoice pursuant. to Section 2.2 of the Agreement, and upon approval of City's Representative.
III. The total compensation for the services provided pursuant to this Amendment No. 7 shall not exceed the Contract Sum, as provided in Section 5 of this Amendment No.
7. C7(1)
EXHIBIT D-7
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services contemplated hereunder and deliver all work pro,ducts timely, in accordance with the Project Proposal over the term of this Amendment No. 7. Consultant shall meet any other schedules and deadlines as directed by the City or as otherwise agreed upon by the Parties in order to complete the Services on the Project.
D-7(1)
EXHIBIT E-7
rPRIOR AMENDMENTS TO AGREEMENT
1. Amendment No. 1 to Agreement, executed on July 1, 2023, provides As-Needed Multiyear Geotechn1cal Engineering services from Consultant to City for a not-to-exceed Aggregate Contra~t Sum of $660,000.
2. Amendment No. 2 to Agreement, executed on April 1, 2025, provides 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, e~tending the term to June 30, 2027, and updates the 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, and updates the Exhibit C-1, "Schedule of Compensation" fees and rates applicable to Amendment No. '1.
5. "Specific Services" Amendment No. 5 to Agreement, executed on August 18, 2026, exercised Opti9n Year 2 of the Agreement, extending the term to June 30, 2028, and authorized the Consultant's performance of As-Needed Multiyear Engineering, Architecture, and Landscape Architecture Design, Environmental Program Assistance, Construction Management and Inspection, and Geo~echnical Services for the City pursuant to the terms of the Agreement.
6. Amendment No. 6 to Agreement, executed on September_, 2026 provides Geotechnical Testing and Inspection Services for the Bus Shelter Replacement Project for a not to-exceed Contract Sum of $29,017.00.
E-7(1)