ATTACHMENT #2
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Project Name: HCTP Retaining Wall Project (CI 5444)
SIXTH AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
m6 CONSULTING, INC.
Contract No. 12377-2020
THIS SIXTH AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation (hereafter “City”) and m6 CONSULTING, INC. (hereafter “Consultant”), entitled Hill Canyon Treatment Plant Retaining Wall Project (CI 5444) and dated April 27, 2021 and amended as stated below (herein “Contract”) is made this 14th day of March, 2023.
RECITALS
A. Section 3 of the Contract, originally provided for a “not-to- exceed” total payment as consideration to Consultant of $79,690 for services generally and briefly described as preparation of the construction contract documents and
services during the bidding phase.
B. The first amendment to the Contract was issued on May 12, 2020, extending the Contract termination date to December 31, 2022.
C. The second amendment to the Contract was issued on
December 23, 2021, adding the amount of $7,791, modifying the Contract amount to $87,481.
D. The third amendment to the contract was issued on March 29, 2022, in the amount of $64,225, modifying the Contract
amount to $151,706.
E. The fourth amendment to the contract was issued on June 22, 2022, extending the Contract termination date to June 30, 2023.
F. The fifth amendment to the contract was issued on December 6, 2022, in the amount of $88,125, modifying the Contract amount to $239,831.
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G. City is in need of expanding the Scope of Services to be performed under the present Contract, and Consultant is desirous of performing such and receiving additional
compensation for said extra services.
AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below:
Part 1. Section 2 of Contract is amended to include the additional scope of work generally encompassing additional geotechnical and construction phase support services and efforts due to existing utility conflicts in conjunction with the HCTP Retaining Wall Project. The detailed scope of this additional work is attached hereto and incorporated herein as Exhibit A-6.
Part 2. The sum of $42,365 is added as compensation to Consultant under the present Contract for the above-described additional services, and Subsection 3 (a) of Contract is hereby amended to read in its entirety as follows:
(a)Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $282,196 and shall be earned as the work progresses on the basis explained in the original contract, and as may have been previously amended.
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Part 3. All terms used in Part 1, 2 above shall have the meanings ascribed thereto in Contract. Except as amended in Part 1, 2, all other sections, terms, obligations, duties, clauses, and provisions of Contract shall remain the same.
IN WITNESS WHEREOF, the parties execute this SIXTH Amendment to Contract as of the date set forth above.
m6 CONSULTING, INC.
Robert Woodward, P.E., CEO
Masoud Mahmoud, P.E., CFO
CITY OF THOUSAND OAKS
Kevin McNamee, Mayor
ATTEST:
Laura B. Maguire, City Clerk
APPROVED AS TO ADMINISTRATION:
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:
Clifford G. Finley, Public Works Director
APPROVED AS TO FORM:
Office of the City Attorney
Tracy Friedl, Assistant City Attorney
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EXHIBIT A-6
m6 – Additional Scope of Services
CONSULTANT shall provide additional services for construction period and engineering support services for the Hill Canyon Treatment Plant Retaining Wall project.
CONSULTANT shall perform the following additional Tasks:
PHASE II – CONSTRUCTION PHASE
1) CONSULTANT shall provide additional construction phase services, including:
A) Continued attendance of requested construction meetings, as well as providing site visits and structural observations during construction, to cover engineering support during the extended duration of the project.
B) Additional change order reviews, responses to Contractor RFI’s and issuance of addenda to the Contract Documents relating to the RFIs C) Continued onsite observation resulting from field conflicts and unforeseen utility conflicts.
2) CONSULTANT will also provide the following Geotechnical and Material Testing Services
A) Additional material testing including sampling and testing concrete and backfill material.
3) CONSULTANT shall also prepare additional daily field reports.