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Attachment 2 Fifth Amendment to Agreement with Dudek Inc

Thousand Oaks City Council
January 30, 2024

Document
Attachment 2 Fifth Amendment to Agreement with Dudek Inc
Meeting
January 30, 2024
Body
Thousand Oaks City Council
Pages
4
Original file
135 KB
Text extracted from the city's file for reading and search. Open the original on toaks.primegov.com. That file is the official record.

ATTACHMENT #2
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Project Name: HCTP Stormwater Diversion
Project (CI 5427)

FIFTH AMENDMENT TO

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
DUDEK, INC.

Contract No. 12393-2020
THIS FIFTH AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation (hereafter “City”) and DUDEK, INC. (hereafter “Consultant”), entitled HCTP Stormwater Diversion Project and dated May 12, 2020 (herein “Contract”) and amended December 8, 2021, January 11, 2022, December 14, 2022 and December 12, 2023 is made this 30th day of January, 2024.

RECITALS
A. Section 3 of the Contract, currently, and as may have been previously amended, provides for a “not-to-exceed” total payment as consideration to Consultant of $239,579.77 for services generally and briefly described as preparation of the construction contract documents, CEQA and environmental studies, and services during the bidding phase.

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.

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 design services The detailed scope of this additional work is attached hereto as Exhibit A-3, which is hereby added to the contract.

Part 2. The sum of $30,860.00 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:

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(a)Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $270,439.77 and shall be earned as the work progresses at the hourly rates and with reimbursement to the Consultant for those expenses as set forth in the original contract, and as may have been previously amended.

Part 3. All terms used in Part 1 and 2 above shall have the meanings ascribed thereto in Contract. Except as amended in Part 1 and 2 all other sections, terms, obligations, duties, clauses, and provisions of Contract shall remain the same.

IN WITNESS WHEREOF, the parties execute this Fifth Amendment to Contract as of the date set forth above.

DUDEK, INC.
__________
Joseph Monaco, President
__________________________
Bob Ohlund Vice President

CITY OF THOUSAND OAKS
Al Adam, Mayor
ATTEST:

Laura B. Maguire, City Clerk
APPROVED AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager

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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 SERVICES

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