CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: March 18, 2025
SUBJECT: Approval of Amendment No. 5 to the On-Call Professional Services Agreement with Kimley-Horn and Associates, Inc. for the Alicia Parkway Regional Traffic Signal Synchronization Program Project
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Amendment No. 5 to the On-Call Professional Services Agreement (On- Call PSA) with Kimley-Horn and Associates, Inc. to provide project management, design, and construction support services for the Alicia Parkway Regional Traffic Signal Synchronization Program Project for a not-to-exceed amount of $704,895; and,
2. Approve a not-to-exceed 10% contingency in the amount of $70,489 for unforeseen conditions or extra work, and authorize the Public Works Director/City Engineer to approve additional work, for a total not-to-exceed amount of $775,384, if needed; and,
3. Authorize the City Manager to execute Amendment No. 5 to the On-Call Professional Services Agreement with Kimley-Horn and Associates, Inc., subject to the City Attorney making non-substantive changes.
BACKGROUND
In 1990, Orange County voters approved Measure M, a 20-year half-cent local transportation sales tax. Then in 2006, Orange County voters approved the renewal of the Measure M half-cent transportation sales tax, known as Measure M2, through 2041.
The Orange County Transportation Authority (OCTA) distributes Measure M2 funds on a formula basis or through a competitive process. The Comprehensive Transportation Funding Programs (CTFP) is the mechanism by which OCTA administers competitive funding for streets and roads projects. The Regional Traffic Signal Synchronization Program (RTSSP) under CTFP provides funds to improve traffic flow, reduce congestion, and reduce greenhouse gas emissions along key corridors and across multiple jurisdictions in Orange County.
The City of Laguna Niguel partnered with the City of Aliso Viejo, City of Laguna Hills, City of Mission Viejo, and Caltrans to prepare a project application for signal synchronization along Alicia Parkway from Grown Valley Parkway to Rustic Oak. This regional corridor is approximately 10.5 miles long and includes a total of 40 signalized intersections, 12 of which are in the City of Laguna Niguel. A vicinity map of the signalized intersections along Alicia Parkway is provided as Attachment "A". The project includes new signal cabinets, traffic signal controllers, closed-circuit television (CCTV) cameras, and hybrid video/radar vehicle detection equipment at several intersections along the corridor within Laguna Niguel. Additionally, offset signals (intersections up to 2,700 feet from the project corridor) will receive similar improvements along with new fiber optic communications.
Alicia Parkway, which was last retimed in 2018, is identified as a project corridor in OCTA's adopted Traffic Signal Synchronization Master Plan and the City's adopted Local Signal Synchronization Plan.
On December 5, 2023, the City Council adopted Resolution No. 2023-1453 to approve the submittal of the grant application for the Alicia Parkway RTSSP Project. Because OCTA is not available to lead any more regional projects, the City of Laguna Niguel has committed to provide project management services under Cooperative Agreements with all participating agencies for the project and act as the lead agency for design and construction. On May 13, 2024, the OCTA Board of Directors approved the award of $2,990,619 in grant funds for the Alicia Parkway RTSSP Project.
This grant-funded capital improvement project supports City Council Goal 2 (Fiscal Sustainability) and Goal 4 (Infrastructure and Technology) of the City's adopted Strategic Plan.
ANALYSIS
In December 2024, the City issued a Request for Proposals (RFP) for consultant services to provide design, implementation, and project management services for the Alicia Parkway RTSSP Project. The scope of work to deliver the project includes but is not limited to the following tasks:
• Project management during the project Implementation phase; • Development of Cooperative Agreements with participating agencies; • Development of plans, specifications and estimates (PS&E); • Monthly progress meetings with participating agencies; • Project cost tracking and weekly status reports;
• Permitting and regulatory compliance;
• Grant administration, reporting, and invoicing;
• Project management during the Operation and Maintenance phase; • System training and commissioning; and,
• Development of a Final Operation and Maintenance Report.
In response to the RFP, the City received proposals from five qualified consultants. The proposals were evaluated and ranked on the following five categories: key personnel, project approach, project schedule and controls, references and relevant experience, and cost. Pursuant to Laguna Niguel Municipal Code Section 3-6-8, professional services contracts shall be awarded on the basis of the demonstrated competence of the service providers, and on the service provider's protessional qualitications necessary for the satistactory pertormance of the services required, and on the fairness and reasonableness of the cost of the services to the City and shall not be awarded solely on the basis of cost.
The following table displays the consulting firms and the evaluation ranking for all of the proposals received.
Rank Consultant
1 Kimley-Horn and Associates, Inc. (Recommended)
2 AGA Engineers, Inc.
3 System Metrics Group, Inc.
4 Advantec Consulting Engineers
5 TKE Engineering, Inc.
The top three consultants were interviewed by staff on February 12, 2025. After a thorough evaluation, it was determined that Kimley-Horn and Associates, Inc. (Kimley- Horn) is the most qualified firm. Their expertise and experience with similar projects within Orange County and their experience as the City's on-call traffic engineering consultant provides them with unique knowledge of the City to deliver exemplary service to the community. The City also received positive reference checks for Kimley-Horn's past project performances. Staff negotiated a fee with Kimley-Horn to obtain the best overall value for the requested services.
Staff recommends that the City Council approve Amendment No. 5 to the On-Call Professional Services Agreement with Kimley-Horn in the amount of $704,895 for the Alicia Parkway RTSSP Project (Attachment "B"). Staff is also recommending that the City Council approve a 10% contingency for any unforeseen circumstances or extra work, in the amount ot $/0,489, tor a total not-to-exceed contract amount of $775,384. The project is expected to begin in March 2025 with an estimated completion in 2028.
ALTERNATIVES CONSIDERED
The City Council may decide not to approve Amendment No. 5 with Kimley-Horn and readvertise the RFP. Staff believes that reissuing the RFP will not result in more desirable proposals. Additionally, readvertising the project may create delays to the project schedule and put the City at risk of not meeting the mandatory OCTA milestone completion dates. Funds may be subject to forfeiture if the completion deadlines are not met.
FISCAL REVIEW
There is sutticient funding in the Fiscal Year 2024-25 Capital Improvement Program project budget to cover the cost of Amendment No. 5 to the On-Call PSA with Kimley- Horn. The City of Laguna Niguel, as the lead agency, is responsible for seeking reimbursement payments from OCTA and the participating agencies for completed work.
Each participating city covers its proportionate share of the project costs.
Project Funding Summary *172
Estimated Total Project Cost $3,738,274
Measure M2 Grant Funds $2,990,619
Other Cities' Match $525,655
City of Laguna Niguel's Match
(General Funds) $222,000
LEGAL REVIEW
The City Attorney's Office has reviewed Amendment No. 5 and has approved it as to form.
CONCLUSION
Staff recommends that the City Council:
1. Approve Amendment No. 5 to the On-Call Professional Services Agreement with Kimley-Horn and Associates, Inc. to provide project management, design, and construction support services for the Alicia Parkway Regional Traffic Signal Synchronization Program Project for a not-to-exceed amount of $704,895;
2. Approve a not-to-exceed 10% contingency in the amount of $70,489 for unforeseen conditions or extra work, and authorize the Public Works Director/City Engineer to approve additional work, for a total not-to-exceed amount of $775,384, if needed; and,
3. Authorize the City Manager to execute Amendment No. 5 to the On-Call Professional Services Agreement with Kimley-Horn and Associates, Inc., subject to the City Attorney making non-substantive changes.
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Vanas Stan S Sour
Tamara S. Letourneau
City Manager
fufa
Jeremy Hohnbaum
Principal Civil Engineer
Attachments:
A. Vicinity Map
B. Amendment No. 5 to the On-Call Professional Services Agreement with Kimley-Horn and Associates, Inc.
ATTACHMENT A
Vicinity Map
Attachment A: Vicinity Map Alicia Parkway RTSSP Project Scale: 1:75,000
M
AFINA
Project Signals
• Mission Viejo (15)
Caltrans (2)
Laquna Hills (8)
Aliso Viejo (3)
Laguna Niquel (12)
Offset Signals
• Mission Viejo (10)
Laguna Hills (3)
... Aliso Viejo (2)
½ Laguna Niguel (7)
Alicia Parkway Project Corridor
Miles
ATTACHMENT B
Amendment No. 5 to the On-Call Professional Service Agreement with Kimley-Horn and Associates, Inc.
AMENDMENT NO. 5 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
KIMLEY-HORN AND ASSOCIATES, INC.
THIS AMENDMENT NO. 5 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES ("Amendment") is made and entered into . _ by and between CITY OF LAGUNA NIGUEL, a California municipal corporation ("City") and Kimley-Horn and Associates, Inc., a North Carolina Corporation ("Consultant"). City and Consultant may be referred to individually as "Party" or collectively as "Parties."
RECITALS
City and Consultant entered into an on-call professional services agreement on July 1, 2023 ("Agreement"). The initial term of the Agreement terminates on June 30, 2026.
2. City has requested Alicia Parkway Regional Traffic Signal Synchronization Program Project (RTSSP) design, implementation, and project management services pursuant to the terms of the Agreement.
Consultant submitted a written proposal for the above requested services ("Project Proposal") on January 17, 2025.
Consultant has the qualifications and experience to render the requested services.
City and Consultant have entered into amendments) to the Agreement as detailer n "Prior Amendments to Agreement" attached hereto as Exhibit E-S
6. City and Consultant now desire to enter into Amendment No. 5 to the Agreement for the performance by Consultant of the requested services for City.
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:
Project Term. This Amendment shall become effective as of the date stated above and, unless earlier terminated in accordance with Article 7 of the Agreement, shall continue in full force and effect until the services have been completed.
Consultant Project Proposal. The Project Proposăl from Consultant, for this Amendment to the Agreement, shall be incorporated herein by this reference as though fully set forth herein. The Scope of Services shall include the scope of services or work included in the Project Proposal. In the event of any inconsistency or any conflict between the terms of the Project Proposal, and the Agreement or this Amendment, the terms of the Agreement or this Amendment, respectively, shall govern. No other terms and conditions from the Project Proposal, other than -1-
description of scope of services or work, shall apply to this Amendment or the Agreement, unless specifically agreed to by City in writing.
Project Scope of Services. In compliance with all terms and conditions of the Agreement and this Amendment, Consultant shall provide on an as-needed basis those services specified in the "Scope of Services" attached hereto as Exhibit A-5 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, 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 or the Agreement, the provisions of Exhibit B-5 shall govern.
Project Compensation and Aggregate Contract Sum. Subject to any limitations set forth in the Agreement and this Amendment, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit C-5 and incorporated herein by this reference. The total compensation (excluding the Contingency Sum), including reimbursement for actual expenses, shall not exceed Seven Hundred and Four Thousand Eight Hundred Ninety-Five Dollars ($704,895) ("Compensation Sum"). This Amendment includes a contingency amount equal to Seventy Thousand Four Hundred Eighty-Nine Dollars Fifty Cents ($70,489.50) ("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 Seven Hundred Seventy-Five Thousand Eight Hundred Ninety-Five Dollars Fifty Cents ($775,384.50) ("Contract Sum"), unless additional compensation is approved pursuant to Section 1.5 of the Agreement. The Consultant shall obtain written approval from the City for any use of the Contingency Sum.
Compensation may include reimbursement, for actual and necessary expenditures, if both specified in either the Schedule of Compensation (Exhibit C-5 to this Amendment) or the Schedule of On- Call Compensation (Exhibit C to the Agreement), as well as approved by City in advance. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services, Consultant shall promptly notify the City Representative of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.
Project Schedule of Performance. Consultant shall commence the services pursuant to this Amendment 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).
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.
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Consultant Representative for Project. The Consultant Representative for the work or services under this Amendment is Mr. Ryan Calad, Contract Manager, 657-291-8815, [email protected], who is authorized to act on Consultant's behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Amendment to the Agreement. Therefore, the representative shall be responsible during the term of this Amendment for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. For purposes of this Amendment, the representative may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City.
Continuing Effect of the Agreement. Except as amended by this Amendment No. 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, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 5.
Affirmation of the Agreement. City and Consultant each ratify and reaffirm eac nd every one of the respective rights and obligations arising under the Agreement. Each Part represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
ney have each degiard Consider ain depratics bonso revolor hilar and that obligations they have undertaken pursuant to this Amendment.
Authority. The persons executing this Amendment on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said Party, (iii) by so executing this Amendment, such Party is formally bound to the provisions of this Amendment, and (iv) entering into this Amendment does not violate any provision of any other agreement to which said Party is bound. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the date and year first-above written.
CITY:
CITY OF LAGUNA NIGUEL, a California
municipal corporation
Tamara S. Letourneau, City Manager
ATTEST:
Marissa J. Asistin, City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA:
Scott C. Smith, City Attorney
CONSULTANT:
Kimley-Horn and Associates, Inc., a North Carolina
Corporation
By:.
Name:
Title:
By:
Name:
Title:
Address:_
wo corporate officer signatures required when Consultant is a corporation, with one signature requir om each of the following groups: 1) Chairperson of the Board, President or any Vice President; and:
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 Alicia Parkway Regional Traffic Signal Synchronization Program Project (RTSSP) design, implementation, and project management services described in the Project Proposal dated January 29, 2025 (refer to Section 1.2 of the Agreement for conflicts).
A-5(1)
EXHIBIT B-5
SPECIAL REQUIREMENTS
(Superseding Amendment Template)
NOT APPLICABLE
B-5(1)
EXHIBIT C-5
SCHEDULE OF COMPENSATION
I. City will compensate Consultant for the services performed upon submission of a valid invoice, as described in Section 2.2 of the Agreement.
I. The total come Costa for the price provide us anita this Amendment shall ILl.
I. Pursuana to wiles on ratesin Exhibit Cos predge pentand in accordance with the Project Proposal.
C-5(1)
EXHIBIT D-5
SCHEDULE OF PERFORMANCE
Consultant shall perform all services and deliver all work products timely in accordance with the Project Proposal and shall not receive additional compensation for work completed after the term of this Amendment.
D-5(1)
EXHIBIT E-5
PRIOR AMENDMENTS TO AGREEMENT
Amendment No. I to Agreement, executed on July 1, 2023, provides Traffic Engineering services from Consultant to City for a not-to-exceed Aggregate Contract Sum of $660,000.
Amendment No. 2 to Agreement, executed on July 1, 2023, provides Laguna Niguel Summer Trolley Program Project V services (Year 2) from Consultant to City for a not-to- exceed Contract Sum of $10,000.
Amendment No. 3 to Agreement, executed on December 4, 2023, provides OCTA Project V Grant Application support from Consultant to City for a not-to-exceed Contract Sum of $49,999.
Amendment No. 4 to Agreement, executed on' October 10, 2024, provides Bus Shelter Replacement Project design services from Consultant to City for a not-to-exceed Contract Sum of $114,983.
E-5(1)