To:
CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
November 18, 2025 DATE:
SUBJECT: Approval of Amendment No. 2 to the On-Call Professional Services Agreement with David Evans and Associates, Inc. for Engineering Design Services to Update the Alicia Parkway (Highlands Avenue to Crown Valley Parkway) Street Improvement Plans, Specifications, and Estimate
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Amendment No. 2 to the On-Call Professional Services Agreement with David Evans and Associates , Inc. (DEA) to provide engineering design services to update the Alicia Parkway (Highlands Avenue to Crown Valley Parkway) street improvement plans, specifications, and estimate for a total not-to-exceed amount of $58,225;
2. Approve a not-to-exceed 20% contingency of the total contract in the amount of $11,645 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 $69,870, if needed; and,
3. Authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement for On-Call Professional Engineering Services with Civil Works Engineers, Inc., subject to the City Attorney making non-substantive changes.
BACKGROUND
The City of Laguna Niguel is responsible for maintaining approximately 141 centerline miles of streets, comprising of approximately 104 miles of local streets and approximately 37 miles of arterials. The City's Pavement Management Program (PMP) is a work plan that identifies deficiencies in the public roadway network and recommends projects to improve the Pavement Condition Index (PCI) of City streets up to 80 or greater. Benefits of the program include improving the Citywide PCI year over year, satisfying the Orange
County Transportation Authority's Maintenance of Effort (MOE) reporting requirements, saving money because it costs less to maintain streets in good condition than to repair those that have failed, and meeting needs of the community. The PMP includes the . residential slurry seal program as well as residential and arterial overlay projects.
As part of the PMP, the City has committed to completing rehabilitation of its arterial roadways based on PCI and feedback received from the public. This year, City staff is proposing to resurface Alicia Parkway between Highlands Avenue and Crown Valley Parkway, as shown in the vicinity map provided as Attachment "A". This segment of Alicia Parkway is approximately 1.3 miles long and has an average PCI of 51, which is considered a "Poor" condition. The project improvements include pavement grinding and removal, asphalt pavement overlay, associated concrete improvements for curb and gutter, sidewalks and access ramps, adjustment of surface utilities to final pavement grade, video detection improvements, and roadway marking, striping and signage.
This project supports City Council Goal 4 (Infrastructure and Technology) of the City's adopted Strategic Plan.
ANALYSIS
The City requested David Evans and Associates, Inc. (DEA), an engineering firm on the City's On-Call Professional Services List, prepare a proposal to update the previously prepared Plans, Specifications and Estimate (PS&E) for Alicia Parkway (Highlands Avenue to Crown Valley Parkway) Street Improvements and to provide Bidding Assistance and Construction Support services. It is necessary that PS&E be updated now that the City is prepared to proceed with the construction phase in Fiscal Year 2026-27.
Additionally, the City will update the documents with the latest Greenbook and Caltrans standards, and include recently approved Active Transportation Plan elements. This project will also incorporate traffic safety elements necessary to complement the future planned City Center improvements.
Staff recommends approving Amendment No. 2 to the On-Call Professional Services Agreement with David Evans and Associates, Inc. to provide engineering design services to update the Alicia Parkway (Highlands Avenue to Crown Valley Parkway) street improvement plans, specifications, and estimate for a total not-to-exceed amount of $58,225 (Attachment "B"). Staff also recommends approving a not-to-exceed 20% contingency of the total contract in the amount of $11,645 for a total not-to-exceed amount of $69,870. The contingency will cover unforeseen conditions that may arise if additional engineering design work is needed.
ALTERNATIVES CONSIDERED
The City Council may decide not to approve Amendment No. 2 to this On-Call Professional Services Agreement. This alternative is not recommended as it may delay the street improvements, and the roadway would remain in its present condition and likely deteriorate further until the project is completed at a later date.
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FISCAL REVIEW
The Fiscal Years 2025-27 Capital Improvement Program includes sufficient funds for the update to the Alicia Parkway (Highlands Avenue to Crown Valley Parkway) street improvement plans, specifications, and estimate.
LEGAL REVIEW
The City Attorney's Office has reviewed Amendment No. 2 and has approved the document as to form.
CONCLUSION
Staff recommends that the City Council:
1. Approve Amendment No. 2 to the On-Call Professional Services Agreement with David Evans and Associates, Inc. (DEA) to provide engineering design services to update the Alicia Parkway (Highlands Avenue to Crown Valley Parkway) street improvement plans, specifications, and estimate for a total not-to-exceed amount of $58,225;
2. Approve a not-to-exceed 20% contingency of the total contract in the amount of $11,645 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 $69,870, if needed; and,
3. Authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement for On-Call Professional Engineering Services with Civil Works Engineers, Inc., subject to the City Attorney making non-substantive changes.
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Tamara S. Letourneau
City Manager orks Director/City Engineer
~ ~ rrson Martin
Senior Civil Engineer
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Attachments:
A. Vicinity Map
B. Amendment No. 2 to the On-Call Professional Services Agreement with David Evans and Associates, Inc.
ATTACHMENT A
Vicinity Map
-
Legend
Alicia Pkwy - Highlands Ave
to Crown Valley Pkwy
Vicinity Map
Alicia Parkway Street Improvements D
N
ATTACHMENT B
Amendment No. 2 to the On-Call Professional Services
Agreement with David Evans and Associates, Inc.
AMENDMENT NO. 2 TO AGREEMENT FOR ON-CALL PROFESSIONAL SERVICES
BETWEEN CITY OF LAGUNA NIGUEL AND
DAVID EV ANS AND ASSOCIATES, INC.
THIS AMENDMENT NO. 2 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 David Evans and Associates, Inc., an Oregon 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 ("Agreement"). The initial term of the Agreement terminates on June 30, 2026.
2. City has requested design services to update the Alicia Parkway Street Improvement Plans, Specifications, and Estimate pursuant to the terms of the Agreement.
3. Consultant submitted a written proposal for the above requested services ("Project Proposal") on September 15, 2025.
4. Consultant has the qualifications and experience to render the requested services.
5. City and Consultant have entered into amendment(s) to the Agreement as detailed in "Prior Amendments to Agreement" attached hereto as Exhibit E-2.
6. City and Consultant now desire to enter into Amendment No. 2 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:
1. 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.
2. Consultant Proiect Proposal. The Project Proposal 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 description of scope of services or work, shall apply to this Amendment or the Agreement, unless specifically agreed to by City in writing.
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3. 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-2 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-2 and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B-2, and any other provisions of this Amendment or the Agreement, the provisions of Exhibit B-2 shall govern.
5. 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-2 and incorporated herein by this reference. The total compensation ( excluding the Contingency Sum), including reimbursement for actual expenses, shall not exceed Fifty Eight Thousand Two Hundred Twenty Five Dollars ($58,225) ("Compensation Sum"). This Amendment includes a contingency amount equal to Eleven Thousand Six Hundred Forty-Five Dollars ($11,645) ("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 Sixty-Nine Thousand Eight Hundred Seventy Dollars ($69,870) ("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-2 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.
6. 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-2 and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit D-2 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-2 and incorporated herein by this reference.
8. Consultant Representative for PrO'iect. The Consultant Representative for the work or services under this Amendment is Marie Marston, Senior Project Manager/Senior Associate, 714-665-4561, [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 -2-
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.
9. 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. 2.
10. 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.
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.
12. 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.
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
CONSUL TANT:
David Evans and Associates , Inc., an Oregon
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: I) 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-2
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 design services to update the Alicia Parkway Street Improvement Plans, Specifications, and Estimate, described in the Project Proposal dated September 13, 2025 (refer to Section 1.2 of the Agreement for conflicts).
A-2(1)
EXHIBIT B-2
SPECIAL REQUIREMENTS
(Superseding Amendment Template)
NOT APPLICABLE
B-2(1)
EXHIBIT C-2
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.
II. The total compensation for the services provided pursuant to this Amendment shall not exceed the Contract Sum, as provided in Section 5 of this Amendment.
III. Consultant will be compensated for services provided pursuant to this Amendment pursuant to the fees and rates in Exhibit C of the Agreement and in accordance with the Project Proposal.
C-2(1)
EXHIBITD-2
SCHEDULE OF PERFORMANCE
I. 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-2(1)
EXHIBITE-2
PRIOR AMENDMENTS TO AGREEMENT
1. Amendment No. 1 to Agreement, executed on January 22, 2024, provides engineering and construction engineering support services for Alicia Parkway (From Highlands Avenue to Crown Valley Parkway) and Marina Hills Drive (from Niguel Road to Golden Lantern) Resurfacing Project from Consultant to City for a not-to-exceed Aggregate Contract Sum of $9,999.
E-2(1)