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HomeMy WebLinkAboutE-5 Staff Report - PSA First Amendment On-Call EngineeringCONSENT ITEM E-5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: ROBERT DELGADILLO, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DATE: FEBRUARY 7, 2022 SUBJECT: APPROVAL OF FIRST AMENDMENT TO ON-CALL ENGINEERING PROFESSIONAL AGREEMENT BETWEEN THE CITY OF AZUSA AND WILLDAN ENGINEERING, KOA CORPORATION AND TKE ENGINEERING INC. BACKGROUND: On January 8, 2019 the City entered into independent agreements for professional on-call engineering services with three distinct engineering consultants, Willdan Engineering, KOA Corporation and TKE Engineering Inc. These agreements expired on January 7, 2022, however, the agreements allow for two one- year extensions. The proposed actions will approve an amendment to the Professional On-call Engineering Services Agreements, extending the contract for one year through January 25, 2023. RECOMMENDATION: Staff recommends the City Council take the following actions: 1) Approve the First Amendment to Professional Services Agreements between the City of Azusa and Willdan Engineering, KOA Corporation, and TKE Engineering Inc.; and 2)Authorize the City Manager to execute the contract amendment, in a form acceptable to the City Attorney, on behalf of the City. ANALYSIS: APPROVED CITY COUNCIL 2/7/2022 On-Call Engineering Services PSA Amendment February 7, 2022 Page 2 Due to a steady increase in private development activities and the implementation of the City’s CIP program, the Engineering Division needs support from on-call engineering consultants to complete specialized tasks. The specialized tasks include: • Traffic Signal Modifications (design and timing adjustments) • Traffic Study and Warrant Analysis • Pedestrian and Vehicle Counts for Traffic Studies • Design of Street and Utility Improvement Plans (CIP Projects) • Plan Check of Development Plans (Grading and Drainage, LID Design, Mass Excavation) • Plan Check of Final Subdivision Maps • Preparation of topographic surveys for City owned facilities and ADA improvements within the public right of way. The use of on-call engineering consultant services will enable the Engineering Division to meet workload fluctuations and to deliver projects on time. Under the on-call process, the selected firms will be used on an as-needed basis with specific task orders. The First Amendment of the Professional Services Agreement seeks to extend the term of three on-call engineering firms for one-year with an optional one-year extension in January of 2023. FISCAL IMPACT: There is no fiscal impact for extending the Professional Services Agreements for one-year. The FY-21- 22 budget included the anticipated cost for on-call engineering services. Prepared By: Fiscal Impact Reviewed By: Miguel Cabanas, P.E. Talika M. Johnson Principal Civil Engineer Director of Administrative Services Reviewed By: Reviewed and Approved: Robert Delgadillo, P.E. Sergio Gonzalez Director of Public Works/City Engineer City Manager Attachments: 1) Willdan Engineering PSA First Amendment – Executed 2) KOA Corporation PSA First Amendment – Executed 3) TKE Engineering Inc., PSA First Amendment – Executed 1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF AZUSA AND WILLDAN ENGINEERING, A PUBLICLY-TRADED DELAWARE CORPORATION FOR ON-CALL PROFESSIONAL ENGINEERING SERVICES ARTICLE 1. PARTIES AND DATE This first amendment to the Professional Services Agreement (“First Amendment”) is entered this 25th day of January, 2022, by and between the City of Azusa (“City”) and Willdan Engineering (“Consultant”). ARTICLE 2. RECITALS 2.1 WHEREAS, the City and Consultant entered into a three year Professional Services Agreement dated January 8th, 2019 (“Agreement”) for Consultant to provide On-Call Engineering Services (“Services”) for the City of Azusa; and 2.2 WHEREAS, Section 3.1.2 of Agreement requires written approval of an extension of the original three year term: and 2.3 WHEREAS, the City and Consultant have mutually agreed to extend the contract for one year or until January 24, 2023; NOW, THEREFORE, THE PARTIES DO HEREBY AGREE TO THE FOLLOWING: 1. 3.1. Scope of Services and Terms. The first paragraph of Section 3.1.2 is hereby replaced, in its entirety, with the following: 3.1.2 Term. The term of this Agreement shall be from January 8, 2019 to January 24, 2023, as allowed by adding one additional year extension, unless earlier terminated as provided herein. One additional one-year extension may be granted. Contractor shall complete the Services within the terms of this Agreement, and shall meet any other established schedules and deadlines. The Parties, may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 2.Continuing Effect of Agreement: Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment. 3.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 First Amendment. Attachment 1 2 4. Counterparts: This First Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. SIGNATURES ON NEXT PAGE 1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF AZUSA AND KOA, A CALIFORNIA CORPORATION FOR ON-CALL PROFESSIONAL ENGINEERING SERVICES ARTICLE 1. PARTIES AND DATE This first amendment to the Professional Services Agreement (“First Amendment”) is entered this 25th day of January, 2022, by and between the City of Azusa (“City”) and KOA (“Consultant”). ARTICLE 2. RECITALS 2.1 WHEREAS, the City and Consultant entered into a three year Professional Services Agreement dated January 8th, 2019 (“Agreement”) for Consultant to provide On-Call Engineering Services (“Services”) for the City of Azusa; and 2.2 WHEREAS, Section 3.1.2 of Agreement requires written approval of an extension of the original three year term: and 2.3 WHEREAS, the City and Consultant have mutually agreed to extend the contract for one year or until January 24, 2023; NOW, THEREFORE, THE PARTIES DO HEREBY AGREE TO THE FOLLOWING: 1. 3.1. Scope of Services and Terms. The first paragraph of Section 3.1.2 is hereby replaced, in its entirety, with the following: 3.1.2 Term. The term of this Agreement shall be from January 8, 2019 to January 24, 2023, as allowed by adding one additional year extension, unless earlier terminated as provided herein. One additional one-year extension may be granted. Contractor shall complete the Services within the terms of this Agreement, and shall meet any other established schedules and deadlines. The Parties, may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 2.Continuing Effect of Agreement: Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment. 3.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 First Amendment. Attachment 2 2 4. Counterparts: This First Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. SIGNATURES ON NEXT PAGE 1  FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF AZUSA AND TKE ENGINEERING, INC., A CALIFORNIA CORPORATION FOR ON-CALL PROFESSIONAL ENGINEERING SERVICES ARTICLE 1. PARTIES AND DATE This first amendment to the Professional Services Agreement (“First Amendment”) is entered this 25th day of January, 2022, by and between the City of Azusa (“City”) and TKE Engineering Inc. (“Consultant”). ARTICLE 2. RECITALS 2.1 WHEREAS, the City and Consultant entered into a three year Professional Services Agreement dated January 8th, 2019 (“Agreement”) for Consultant to provide On-Call Engineering Services (“Services”) for the City of Azusa; and 2.2 WHEREAS, Section 3.1.2 of Agreement requires written approval of an extension of the original three year term: and 2.3 WHEREAS, the City and Consultant have mutually agreed to extend the contract for one year or until January 24, 2023; NOW, THEREFORE, THE PARTIES DO HEREBY AGREE TO THE FOLLOWING: 1.3.1. Scope of Services and Terms. The first paragraph of Section 3.1.2 is hereby replaced, in its entirety, with the following: 3.1.2 Term. The term of this Agreement shall be from January 8, 2019 to January 24, 2023, as allowed by adding one additional year extension, unless earlier terminated as provided herein. One additional one-year extension may be granted. Contractor shall complete the Services within the terms of this Agreement, and shall meet any other established schedules and deadlines. The Parties, may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 2. Continuing Effect of Agreement: Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment. 3. 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 First Amendment. Attachment 3 2  4. Counterparts: This First Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. SIGNATURES ON NEXT PAGE