ATTACHMENT #3
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Project Name: TOB Curbs and
Pedestrian Crossings (CI 5398)
THIRD AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
KIMLEY-HORN AND ASSOCIATES, INC.
Contract No. 12605-2020
THIS THIRD AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter “City”) and KIMLEY-HORN AND ASSOCIATES, INC. (“Consultant”), Thousand Oaks Blvd.
Curbs and Pedestrian Crossings (CI 5398) and dated October 27, 2020 and amended on June 6, 2022; and May 24, 2023 (herein “Contract”) is made this 12th day of September 2023.
RECITALS
A. Section 3 of Contract, currently, and as may have been previously amended, provides for a “not-to-exceed” total payment as consideration to Consultant of $105,405 for services generally and briefly described as Professional Engineering Services for the Thousand Oaks Blvd. Curbs and Pedestrian Crossings.
B. 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.
C. Section 5 of the Agreement, and as may have been previously amended, provides for a termination date of June 30, 2024.
D. City and Consultant desire to extend the date of the Contract.
AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below:
Part 1. The following services to be performed by Consultant are added to the Scope of Services listed in Section 2 of Contract, such section is hereby amended to add and also include the following services, and Exhibit A-3, attached hereto, is hereby added to the contract:
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Engineering support services during construction as fully described in Exhibit A-3, attached hereto, and incorporated herein.
Part 2. The sum of $25,300, is added 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. Exhibit B is hereby replaced in its entirety by Exhibit B-3, attached hereto and incorporated herein by reference.
Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $130,705, and shall be earned as the work progresses on the following basis:
Hourly at the hourly rates and with reimbursement to Consultant for those expenses set forth in Consultant's Schedule of Fees marked Exhibit "B-3", attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon Consultant until December 31, 2024, after which any change in said rates and expenses must be approved in writing by City's Project Manager (City is to be given 60 days’ notice of any rate increase request), provided the not to exceed amount is the total compensation due Consultant for all work described under this Agreement.
Part 3. The Contract is extended for a period of 365 days and Section 5 is hereby amended to read as follows:
The term of this Contract is from the date first written above to June 30, 2025, unless the term of this Contract is extended, or the Contract is terminated as provided herein.
Part 4. All terms used in Part 1, 2, and 3 above shall have the meanings ascribed thereto in Contract. Except as amended in Part 1, 2, and 3 above, all other sections, terms, obligations, duties, clauses, and provisions of Contract shall remain the same.
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IN WITNESS WHEREOF, the parties execute this Third Amendment to Contract as of the date set forth above
KIMLEY-HORN AND
ASSOCIATES, INC.
Jean B. Fares, PE, Senior Vice President
Alyssa Phaneuf, PE, Assistant Secretary
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-3
SCOPE OF WORK
Thousand Oaks Blvd. Pedestrian Crossings (CI 5398)
THIRD AMENDMENT
Consultant shall perform the following additional services:
Task 6 – Design Support Services During Construction
6.01 – Coordinate with Southern California Edison electrical meter connection for new Traffic Devices, including one (1) site visit (up to 12 hours)
6.02 – Attend one (1) pre-bid meeting at the site (up to 4 hours)
6.03 – Review up to (15) submittals (up to 27 hours)
6.04 – Respond to up to seven (7) requests for information (up to 20 hours)
6.05 – Attend up to two (2) progress meetings (up to 4 hours)
6.06 – Record Drawings (AutoCAD Files, and PDF) (up to 13 hours)
6.07 – Construction Layout Surveying, up to two (2) site visits, (up to 12 hours) a. Re-establish the survey controls along Thousand Oaks Boulevard between Oakview Drive and Live Oak Street. The basis of survey controls will be based on previous topographic survey performed which is the North American Datum of 1983 (NAD 83) (Epoch 2010) and State Plane Coordinates (California Coordinate System 1983, Zone 5, US feet). Elevations will be GPS derived and per North American Vertical Datum of 1988 (NAVD 88).
b. Perform field work to check Contractor’s survey as directed by the City.
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EXHIBIT B-3
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