12/07/2021 - AGENDA ITEM 4 - CONSIDERATION OF EXTENSION TO THE PROFESSIONAL SERVICES AGREEMENT WITH NV5, INC. FOR AZUSA SEWER LIFT STATION UPGRADE PROJECTAGENDA ITEM NO. 4
WEST" ON
DATE: December 7, 2021
TO: Mayor and City Council
FROM: David Carmany
City Manager
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
SUBJECT: CONSIDERATION OF EXTENSION TO THE PROFESSIONAL SERVICES
AGREEMENT WITH NV5, INC. FOR AZUSA SEWER LIFT STATION UPGRADE
PROJECT
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to negotiate and execute the Second
Amendment to the Professional Services Agreement with NV5, Inc. to extend the term of the agreement
through September 18, 2022.
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Sewage is almost universally collected by means of a gravity flow system. This project is an upgrade to a
municipal sewage lift station located on Azusa Avenue. On March 19, 2021, the City and NV5, Inc. (NV5)
entered into a Professional Services Agreement with NV5, a civil engineering firm, to provide construction
management and inspection services for the Azusa Sewer Lift Station Upgrade Phase II Site Improvement
Project. The initial term of the agreement was through September 18, 2021. On April 20, 2021, the City
Council authorized the First Amendment to the agreement, increasing the total compensation to $90,000.
DISCUSSION:
Due to unforeseen delays caused by the COVID-19 pandemic, construction of the Azusa Sewer Lift Station
Upgrade Phase II Site Improvement Project is not yet complete. It is anticipated that the field construction will
be completed in Spring 2022.
Staff is recommending extending the agreement with NV5 for an additional 12 months, for NV5 to continue
providing construction management and inspection services for the project. Pursuant to the City's Contract
Term Policy (Eff. 4-4-17), if an agreement is not amended prior to the initial term expiration date, any attempt
to extend the agreement beyond the expiration date requires City Council approval. Because the agreement
was not amended prior to September 18, 2021, staff is requesting that the City Council authorize the City
Manager to execute the proposed amendment, to extend the term through September 18, 2022.
LEGAL REVIEW:
The City Attorney's Office has reviewed the amendment and approved it as to form.
OPTIONS:
The City Council has the following options:
1. Approve Staffs recommendation; or
2. Provide alternative direction.
Prepared by: Gerardo Rojas, Economic Development Project Coordinator
Attachments
Attachment No. 1 - Second Amendment to Agreement with N1\75, Inc.
CITY Protect Public Safety
COUNCIL Enhance City Image and Effectiveness
GOALS &
OBJECTIVES:
ATTACHMENT NO. 1
SECOND AMENDMENT TO
CITY OF WEST COVINA
PROFESSIONAL SERVICES AGREEMENT
WITH
NV5, INC.
FOR
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE AZUSA SEWER
LIFT STATION UPGRADE PHASE II SITE IMPROVEMENT PROJECT
THIS SECOND AMENDMENT ("Amendment") is made and entered into as of September
18, 2021 ("Effective Date") by and between the CITY OF WEST COVINA, a municipal corporation
("City"), and NV5, INC., a California corporation ("Consultant").
WHEREAS, City and Consultant entered into a Professional Services Agreement on
March 19, 2021 for Consultant to provide construction management and inspection services for
the Azusa Sewer Lift Station Upgrade Phase II Site Improvement Project (the "Original
Agreement"); and
WHEREAS, on April 20, 2021, City and Consultant amended the Original Agreement to
increase Consultant's maximum compensation to Ninety Thousand Dollars ($90,000.00); and
WHEREAS, the Original Agreement provides for a term of six (6) months, ending on
September 18, 2021; and
WHEREAS, due to delays and unforeseen conditions caused by the COVID-19 pandemic,
construction of the Azusa Sewer Lift Station Upgrade Phase II Site Improvement Project is not
yet complete; and
WHEREAS, Consultant has continued to provide construction management and
inspection services pursuant to the Original Agreement; and
WHEREAS, City and Consultant desire to extend the term of the Original Agreement for
one (1) year, through September 18, 2022; and
WHEREAS, City and Consultant intend and desire that this Amendment be effective
retroactive to the Effective Date.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. This Amendment shall be effective retroactive to the Effective Date.
2. The term of the Original Agreement shall be extended for one (1) year, through
September 18, 2022.
3. All terms not defined herein shall have the same meaning and use as set forth in
the Original Agreement.
1
NV5, Inc.
Form Revised April 2020
4. All other terms, conditions, and provisions of the Original Agreement not in conflict
with this Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, City and Consultant have executed this Amendment as of the
date set forth above.
CITY OF WEST COVINA
David Carmany
City Manager
ATTEST:
Lisa Sherrick
Assistant City Clerk
APPROVED AS TO FORM:
Thomas P. Duarte
City Attorney
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CONSULTANT
Todd George
Chief Operating Officer
Infrastructure, West
NV5, Inc.
Form Revised April 2020