ATTACHMENT #2
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Project Name: Tertiary Filter Rehabilitation
Project (MI 2590)
FIRST AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
HDR ENGINEERING, INC.
Contract No. 13412-2023
THIS FIRST AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation (hereafter “City”) and HDR ENGINEERING, INC. (hereafter “Consultant”), entitled Hill Canyon Treatment Plant Tertiary Filters Rehabilitation Project (MI 2590) and dated September 12, 2023 (herein “Contract”) is made this 27 th day of August, 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 of the Contract, currently, and as may have been previously amended, provides for a “not to exceed” total payment as consideration to Consultant of $360,790 for
services generally and briefly described as preparation of the construction contract documents and services during the bidding phase.
C. City is in need of adding language to the contract to comply with the requirements of the Levine Act.
D. City is in need of extending the termination date of the Contract, updating Consultant’s hourly rates, 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. The Contract is extended to December 31, 2025 and Section 5 is hereby amended to read as follows:
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The term of this Agreement is from the date first written above to December 31, 2025, unless the term of this Agreement is extended, or the Agreement is terminated as provided for herein.
Part 2. Section 2 of Contract is amended to include the additional scope of work generally encompassing addition of design services associated with preparing construction ready documents for the City of Thousand Oaks (City) HCTP Tertiary Filter Rehabilitation project (Project) based on the findings and recommendations of the condition assessment and Preliminary Design Report (PDR). The objective of this work is to provide necessary engineering, analysis, design (including structural, mechanical, electrical, and instrumentation disciplines), opinion of probable construction cost (OPCC), and management for design phase services. The detailed scope of this additional work is attached hereto as Exhibit A-1 which is hereby added to the Contract.
Part 3. The sum of $462,970 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 $823,760, and shall be earned as the work progresses on the basis explained in the original contract, and as may have been previously amended.
Part 4. Exhibit " B" Consultant' s Schedule of Fees is hereby replaced in its entirety with Exhibit B-1, attached hereto and incorporated herein, in order to reflect Consultant' s current rates.
Part 5. Levine Act. A new Section 29 and Exhibit C, attached hereto and incorporated herein, are hereby added to the Contract in compliance with requirements of the Levine Act which shall read as follows:
29. LEVINE ACT COMPLIANCE
California Government Code section 84308 (Levine Act) prohibits any Thousand Oaks City Council member from participating in any action related to a contract, agreement, or franchise agreement if the councilmember receives a campaign contribution totaling more than $250 (aggregated) from the party to the contract, agreement, or franchise agreement, an agent of the party, or any financially interested participant who actively supports or opposes the matter within the previous twelve (12) months. Councilmembers must also disclose any eligible campaign contribution received on the record of the proceeding.
Councilmembers are also prohibited from soliciting, accepting or directing campaign contributions totaling more than $250 (aggregated) from the applicant DPW: 850-20\nh\ev\Council\2024\082724\MI 2590\HCTP Tertiary Filter Rehab Amendment Att 2.docx
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or party, an agent of the applicant/party, or any financially interested participant who actively supports or opposes the matter within the previous twelve (12) months, and for twelve (12) months following the date a final decision on the contract/agreement is made.
The Levine Act also required parties to a contract, agreement, or franchise agreement to disclose any campaign contribution over $250 (aggregated) within the preceding twelve (12) months by the party to the agreement, contract, or franchise agreement. The Levine Act does not apply to competitively bid, labor, or personal employment contracts.
In order to assure compliance with these requirements, Consultant has provided the disclosure requirements identified in the Levine Act Disclosure Form, attached as Exhibit C-1, incorporated herein by reference, and Consultant verifies by its signature that it has completed Exhibit C-1 in compliance of these requirements.
Consultant shall also be responsible for understanding and complying with requirements of Government Code section 84308, which prohibits parties to a contract/agreement, as well as their agents and representatives, from contributing more than $250 (aggregated) to a City Council member of the City of Thousand Oaks for the 12 months prior to the award of this Agreement, and for the 12 months following award of this Agreement. Where applicable, Consultant shall disclose any post award campaign contributions prior to seeking an amendment to this Agreement.
Part 6. All terms used in Part 1, 2, 3, 4 and 5 above shall have the meanings ascribed thereto in Contract. Except as amended in Part 1, 2, 3, 4 and 5 above, all other sections, terms, obligations, duties, clauses, and provisions of Contract shall remain the same.
IN WITNESS WHEREOF, the parties execute this First Amendment to Contract as of the date set forth above.
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HDR ENGINEERING, INC.
________________________________
Anna Lantin, P. E., Vice President
___________________________________________
Elisa Davies, Corporate Secretary
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
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EXHIBIT A-1
SCOPE OF SERVICES
CONSULTANT shall provide professional engineering services in conjunction with delivering the Hill Canyon Treatment Plant Tertiary Filters Rehabilitation Project and develop construction ready plans and specifications. Work shall also include engineering assistance during the bid phase. CONSULTANT’s work shall be coordinated with plant operations.
CONSULTANT shall perform the following tasks:
TASK A. Project Management and Quality Control/Assurance.
CONSULTANT shall organize and facilitate project meetings and workshops, endeavoring to engage the right City and CONSULTANT staff in a collaborative effort, by providing timely meeting agendas and minutes for City review. The meeting minutes shall document the list of participants, action items, key decisions, and highlights of discussions. Meetings will be virtual, unless otherwise noted.
TASK B. Contract Document Preparation
Task B-1. Prepare 50% Design Submittal Package
Based on the recommendations in the Condition Assessment Report, CONSULTANT shall prepare Construction Plans including:
1. Demolition
2. Structural
3. Process Mechanical
4. Electrical
5. Instrumentation and Controls
City will provide Front End documents and Division 0 provisions for inclusion in the Specifications. City will provide relevant as-built documents, CAD files, original specifications, and I/O list. CONSULTANT will provide electronic PDF submittals.
Drawings will be provided in size 11” x 17”. City will compile and reconcile comments prior to submitting to CONSULTANT. City will provide comments on deliverables within 2 weeks. CONSULTANT will host a virtual 50% Submittal review meeting with the City to review the submittal comments. Responses to CITY review comments will be transmitted electronically.
DELIVERABLES:
1. 50% Construction Plans set
2. Technical Specifications
3. Vendors quotes and cutsheets
4. Class 3 OPCC
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Task B-2. Prepare 100% Design Submittal Package
CONSULTANT shall perform the design to advance the 50% submittal to 100% submittal. CONSULTANT shall incorporate agreed-upon City review comments from the 50% Submittal review.
Submittal shall include the following:
1. Preparation of construction drawings and specifications
2. Update the material quantities and update the construction cost estimate. (the accuracy of the construction cost estimate is defined as a Class 1 OPCC, as established by the AACE)
CONSULTANT shall provide electronic PDF submittals.
3. Drawings will be provided in size 11” x 17”. City will compile and reconcile comments prior to submitting to CONSULTANT.
4. City will provide comments on deliverables within 2 weeks.
5. CONSULTANT will host a virtual 100% Submittal review meeting with the City to review the submittal comments.
6. Responses to CITY review comments will be transmitted electronically.
DELIVERABLES:
1. 100% Construction Plans set
2. Technical specifications
3. Vendors quotes and cut sheets
4. Class 1 OPCC
Task B-3. Prepare Issued For Bid Design Submittal
CONSULTANT shall incorporate agreed-upon City review comments from the 100% Submittal review into Issued For Bid (IFB) design documents. Submittal shall include preparation of stamped and signed construction drawings and specifications. Update the material quantities and update the construction cost estimate. CONSULTANT will provide electronic PDF submittals. Drawings will be provided in size 11” x 17” and 22” x 34”
DELIVERABLES:
1. IFB Construction Plans set
2. Plans set CAD files
3. Technical specifications in PDF and MS Word
4. Updated construction cost estimate
Task C. Bid Support
During the bidding period, CONSULTANT shall assist the City with three primary DPW: 850-20\nh\ev\Council\2024\082724\MI 2590\HCTP Tertiary Filter Rehab Amendment Att 2.docx
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Tasks:
1. Pre-Bid Meeting – CONSULTANT’s project manager and project engineer shall attend the pre-bid conference, including a site visit of the work areas.
City will prepare the agenda and the meeting summary.
2. Requests for Information – CONSULTANT shall prepare responses to up to 10 requests for information (RFIs) pertaining to the bid documents within three business days of the receipt of the City’s written request.
CONSULTANT shall maintain a log of potential bidders’ questions and responses, including whether any questions require addenda to the bid documents.
3.Preparation of Bid Document Addenda – CONSULTANT shall assist the City with preparing up to three bid document addenda if clarifications or changes to the documents in the bid documents are needed. Changes will be shown on 8.5” x 11” sheets to the extent possible, signed and stamped and provided within five business days of the written request from the City.
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EXHIBIT B-1
FEE SCHEDULE
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EXHIBIT C-1
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