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Attachment 2 Fourth Amendment to Agreement for AEPC Group LLC

Thousand Oaks City Council
February 27, 2024

Document
Attachment 2 Fourth Amendment to Agreement for AEPC Group LLC
Meeting
February 27, 2024
Body
Thousand Oaks City Council
Pages
4
Original file
126 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
DPW: 850-20\cg\pw\ev\Council\2024\022724\CI 5615\ HCTP Digester Backup Boiler Upgrade staff report.docx

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Project Name: HCTP Digester Backup Boiler
Replacement Project (CI 5615)

FOURTH AMENDMENT TO

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND

AEPC GROUP, LLC
Contract No. 13132-2022
THIS FOURTH AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation (hereafter “City”) and AEPC GROUP, LLC (hereafter “Consultant”), entitled HCTP Digester Backup Boiler Replacement Project (CI 5615) dated October 11, 2022 and amended February 8, 2023 and May 9, 2023 and December 12, 2023, (herein “Contract”) is made this 27 th day of February 2024.

RECITALS
A. Section 5 of Contract, currently, and as may have been previously amended, provides for a termination date of December 31, 2024.

B. Section 3(a) of Contract currently, and as may have been previously amended, provides for a not-to-exceed amount of $84,825.

C. City is in need of expanding the Scope of Services of Contract and Consultant desires to perform that work and receive additional compensation therefor.

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 engineering support services during construction, material testing and geotechnical testing. The detailed scope of this additional work that is being added to the Contract is attached hereto and incorporated herein as Exhibit A-4.

Part 2. The sum of $65,320.00 is added to the not to exceed amount 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 $150,145 and shall be earned as the work progresses on the basis explained in the original contract, and as may have been previously amended.

DPW: 850-20\cg\pw\ev\Council\2024\022724\CI 5615\ HCTP Digester Backup Boiler Upgrade staff report.docx

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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 Fourth Amendment to the Contract as of the date set forth above.

AEPC GROUP, LLC
Ed Ghalib, Principal-in-Charge
Guillermo Villavicencio, Vice President

CITY OF THOUSAND OAKS
Al Adam, 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
DPW: 850-20\cg\pw\ev\Council\2024\022724\CI 5615\ HCTP Digester Backup Boiler Upgrade staff report.docx

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EXHIBIT A-4

SCOPE OF SERVICES
CONSULTANT shall provide design services during construction and materials testing for the CI 5615 HCTP Digester Backup Boiler Project.

CONSULTANT shall perform the following Tasks:

SCOPE OF WORK
TASK A: DESIGN SERVICES DURING CONSTRUCTION AND MATERIALS

TESTING

1. CONSULTANT will prepare for and attend meetings and perform site visits in accordance with the following milestones:
a) Onsite kick-off and onsite pre-construction meeting
b) Site visits by the CONSULTANT for the following:
(i) Rough-in equipment observations
(ii) Periodic inspections to determine compliance with the Contract Documents (iii) Final inspection and punch list walk (all disciplines) c) CONSULTANT will attend weekly virtual construction progress meetings for an estimated three (3) months with the City of Thousand Oaks staff and any other pertinent agency(s) required for updates on construction progress.

2. CONSULTANT will provide Geotechnical Testing and Inspection (soils, compaction, etc.) to verify that construction materials and efforts are in compliance with the Contract Documents.

3. CONSULTANT will provide materials testing services related to concrete testing and will provide inspection of the concrete placement methods.

4. CONSULTANT will perform material and equipment submittal review and approval in accordance with the Contract Documents.

5. CONSULTANT will respond to all Contractor generated Requests for Information (RFIs).

6. CONSULTANT will review and provide feedback to the City’s Project Manager regarding Contractor generated Change Order Requests (CORs).

7. CONSULTANT will provide one (1) digital pdf copy of the City approving design plans and specifications signed and stamped by a licensed engineer of all Contractor prepared final “as-built” plans.

DPW: 850-20\cg\pw\ev\Council\2024\022724\CI 5615\ HCTP Digester Backup Boiler Upgrade staff report.docx

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EXHIBIT B-4

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