That the City Council:
A. Waive formal bidding requirements per the La Habra Municipal Code, Chapter 4.2.080 (B) when a service firm has established such a successful past history of work with the City that it is clearly in the public interest not to negotiate with any other source;

B. Approve and authorize the City Manager to execute Amendment No. 1 to the existing Agreements with (1) Twining, Inc., (2) MTGL, Inc., and (3) Ninyo & Moore Geotechnical and Environmental Sciences Consultants, Inc. for On-Call Geotechnical Engineering and Testing Services for Public Works Projects to extend term of the Agreements through June 30, 2027; and,

C. Authorize Staff to issue Purchase Orders to (1) Twining, Inc., (2) MTGL, Inc., and (3) Ninyo & Moore Geotechnical and Environmental Sciences Consultants, Inc. for Fiscal Year 2026-2027 for a not-to-exceed amount of $75,000 per consultant, for a total not to exceed value of $225,000.

On July 1, 2021, the City entered into professional services agreements with three qualified consultants, Twining, Inc., MTGL, Inc., and Ninyo & Moore, for On-Call Geotechnical Engineering and Testing Services for Public Works Projects for a five-year term. The Consultants provide professional services for Public Works Projects including, but not limited to, geotechnical investigation of existing soil conditions, compaction testing of backfill materials, and testing of asphalt concrete, Portland Cement Concrete, slurry seal material and pipe materials. The current agreements are set to expire on June 30, 2026.

Twining, Inc., MTGL, Inc., and Ninyo & Moore have provided high-quality work for the City for the past five years, and all firms have consistently provided professional and expert support for the City's Public Works Projects. As a result of turnover within the Engineering Division over the past year, along with the large volume of projects being processed, staff has been unable to begin a formal Request for Proposals (RFP) process prior to the expiration of the current agreements. To ensure uninterrupted delivery of geotechnical engineering and testing services for various CIP Projects, staff is requesting that the City Council waive formal bidding requirements in accordance with the City of La Habra Municipal Code, Chapter 4.20.080 (B), which permits such action when a service provider has demonstrated a strong record of successful performance with the City, and it is clearly in the public interest to forgo a competitive process. Accordingly, staff recommends approval of Amendment No. 1 (attached), which will extend the existing Agreements for one (1) additional year. This extension will allow staff time to complete the RFP process to secure new long-term consultant agreements for project support. 

The cost of professional services and outside consultants are included into Capital Improvement Projects on an "as needed" basis. Funding for these services are then included in the respective budget for each individual project, with funding coming from the sources that fund the project themselves. If approved by Council, the total cost of providing On-Call Geotechnical Engineering and Material Testing Services for Public Works Projects, Fiscal Year 2026-2027 will not exceed a maximum of $225,000, or $75,000 per selected consultant.