HomeMy WebLinkAboutE-9 Staff Report - PSA 2ND Amendment On-Call EngineeringCONSENT ITEM
E-9
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: JANUARY 17, 2023
SUBJECT: APPROVAL OF SECOND 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. On February 7, 2022 the City approved the First Amendment to the agreements for
Professional Engineering Services for a one-year extension.
The proposed actions will approve the Second Amendment to the Professional On-call Engineering
Services Agreements, extending the contract for an additional one-year through January 25, 2024.
RECOMMENDATION:
Staff recommends the City Council take the following actions:
1)Approve the Second 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.
APPROVED
CITY COUNCIL
1/17/2023
On-Call Engineering Services PSA Amendment
January 17, 2022
Page 2
ANALYSIS:
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 Second Amendment of the Professional
Services Agreement seeks to extend the term of original agreement with three on-call engineering firms
for an additional one-year through January of 2024.
FISCAL IMPACT:
There is no fiscal impact for extending the Professional Services Agreements for one-year. The FY-22-
23 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 Second Amendment
2) KOA Corporation PSA Second Amendment
3) TKE Engineering Inc., PSA Second Amendment
1
SECOND 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 Second Amendment to the Professional Services Agreement (“Second Amendment”)
is entered this _____ day of January, 2023, 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 another year or until January 24, 2024;
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, 2024, as allowed by adding one additional year extension, unless earlier terminated as provided
herein. One additional one-year extension may be granted. Consultant 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 Second
Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this Second Amendment, whenever the term “Agreement” appears in
the Agreement, it shall mean the Agreement as amended by this First and Second Amendments.
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 Second Amendment.
Attachment 1
2
4. Counterparts: This Second 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
3
IN WITNESS WHEREOF, City and Contractor have executed this Second Amendment as
of the date first written above.
CITY OF AZUSA WILLDAN ENGINEERING
By: By:
Sergio Gonzalez
City Manager
Title:
Attest:
By: By:
Jeffrey Lawrence Cornejo, Jr. Title:
City Clerk
Approved as to Form:
By:
Best Best & Krieger LLP
City Attorney
1
SECOND 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 Second Amendment to the Professional Services Agreement (“Second Amendment”)
is entered this _____ day of January, 2023, 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 another year or until January 24, 2024;
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, 2024, as allowed by adding one additional year extension, unless earlier terminated as provided
herein. One additional one-year extension may be granted. Consultant 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 Second
Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this Second Amendment, whenever the term “Agreement” appears in
the Agreement, it shall mean the Agreement as amended by this First and Second Amendments.
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 Second Amendment.
Attachment 2
2
4. Counterparts: This Second 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
3
IN WITNESS WHEREOF, City and Contractor have executed this Second Amendment as
of the date first written above.
CITY OF AZUSA KOA Corporation
By: By:
Sergio Gonzalez
City Manager
Title:
Attest:
By: By:
Jeffrey Lawrence Cornejo, Jr. Title:
City Clerk
Approved as to Form:
By:
Best Best & Krieger LLP
City Attorney
1
SECOND 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 Second Amendment to the Professional Services Agreement (“Second Amendment”)
is entered this _____ day of January, 2023, 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 another year or until January 24, 2024;
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, 2024, as allowed by adding one additional year extension, unless earlier terminated as provided
herein. Consultant 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 Second
Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this Second Amendment, whenever the term “Agreement” appears in
the Agreement, it shall mean the Agreement as amended by the First and Second Amendments.
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 Second Amendment.
Attachment 3
2
4. Counterparts: This Second 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
3
IN WITNESS WHEREOF, City and Contractor have executed this Second Amendment as
of the date first written above.
CITY OF AZUSA TKE ENGINEERING, INC.
By: By:
Sergio Gonzalez Terry M. Renner
City Manager
Title: Vice President
Attest:
By:
Jeffrey Lawrence Cornejo, Jr.
City Clerk
Approved as to Form:
By:
Best Best & Krieger LLP
City Attorney