AMENDMENT NO. 2 TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT This Amendment (“Amendment No. 1”) is hereby entered into effective February 23, 2022 by and between the City of Lancaster, a Municipal Corporation, in the State of California, and HARRIS & ASSOCIATES, INC. (CONSULTANT) with respect to Exhibit “A” of the Amendment for Services between the parties dated February 23, 2022 and the Agreement for Services between the parties dated February 5, 2019 (“Agreement”).
The Parties agree as follows:
1. The term of the Agreement is extended to and including February 22, 2026.
2. Exhibit “A” to Amendment No. 1 is hereby deleted in its entirety and replaced with “Term, Payment and Time for Commencement and Completion Clause Update,” attached hereto as Exhibit “A”.
3. All other terms and provisions of the Agreement and subsequent amendments are hereby reaffirmed.
CITY OF LANCASTER CONSULTANT
HARRIS & ASSOCIATES, INC.
______________________ ______________________
Jason Caudle, City Manager Alison Bouley, P.E.
Vice President, Municipal Funding and
Special District Finance
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CONTRACT SUBMISSION APPROVAL:
Department Head
APPENDIX “A”
ORIGINAL AGREEMENT EXHIBIT B -
TERM, PAYMENT AND TIME FOR COMMENCEMENT
AND COMPLETION CLAUSE UPDATE
Term
This Agreement shall become effective and shall be in full force and effect upon the execution of the Agreement by the City and the CONSULTANT. This Amendment shall continue in full force and effect for a period of two (2) additional years from the effective date of the Agreement (the “Term”), unless the Agreement is sooner terminated in accordance with the Terms and Conditions in the Agreement Amendment dated February 22, 2022.
Payment
The City of Lancaster shall reimburse the CONSULTANT for the performance of the work, in an amount not to exceed $127,461.19 for the first year of services as shown below. The fee for Annual District Administration Services shall be adjusted in second year of this Amendment by the same annual change in CPI approved by the City Council to apply to the Assessment fees, not to exceed five percent (5%). The second year of this Amendment shall be an amount not to exceed $130,391.75.
Annual District Administration Services - 2024
DISTRICT
ANNUAL
LUMP SUM
FEE
LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND
FOX FIELD INDUSTRIAL CORRIDOR LANDSCAPE
MAINTENANCE DISTRICT
$ 23,733.82
LANCASTER LIGHTING MAINTENANCE DISTRICT $ 12,106.10
DRAINAGE BENEFIT ASSESSMENT DISTRICT $ 12,050.90
LANCASTER SANITARY SEWER COLLECTION
SYSTEMS $ 10,720.36
TOTAL ANNUAL NOT TO EXCEED FEE $ 58,611.19
Annual District Administration Services - 2025
DISTRICT
ANNUAL
LUMP SUM
FEE
LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND
FOX FIELD INDUSTRIAL CORRIDOR LANDSCAPE
MAINTENANCE DISTRICT
$ 24,920.51
LANCASTER LIGHTING MAINTENANCE DISTRICT $ 12,711.41
DRAINAGE BENEFIT ASSESSMENT DISTRICT $ 12,653.45
LANCASTER SANITARY SEWER COLLECTION
SYSTEMS $ 11,256.38
TOTAL ANNUAL NOT TO EXCEED FEE $ 61,541.75
The City shall be invoiced quarterly in March, June, September and December.
Annexation Services
ANNEXATION FEE SCHEDULE
UNIT
COST
EST.ANNUAL
FEE (100
ANNEXATIONS
PER YEAR
45% of City's Annexation Fee (Lump Sum per
annexation)
(45% x $1,530 per annexation) $688.50 $ 68,850.00
Calculation and Collection of Assessment Fee
w/o annexation $150 N/A
Fifty percent (50%) of the CONSULTANT'S annexation fee shall be invoiced following entry in the City's Annexation Log databases, and the remainder shall be invoiced upon payment of the fees by the property owner. The fee shall be adjusted in succeeding years based upon changes to the Citywide Fee Schedule. Fee for the calculation and collection of assessments w/o annexation will be invoiced upon payment of assessment(s).
Any additional work will require a separate Authorization for Consultant Services signed by both parties. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by the City of itemized invoices. Invoices shall be submitted no later than forty-five (45) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project, as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference this contract number and project title. Final invoice must contain the final cost and all credits due City. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT's work.
Consultant shall not be reimbursed for actual travel expenses incurred in the performance of the work.
Time for Commencement and Completion
CONSULTANT shall commence performance of the work no later than three (3) calendar days following issuance of Notice to Proceed.