ATTACHMENT #2
Project Name: Wilder Reservoir
Improvements (CI 5294)
FIRST AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
HDR ENGINEERING, INC.
Contract No. 13580-2024
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 Wilder Reservoir Improvements (CI 5294) and dated March 19, 2024 (herein “Contract”) is made this 19th day of November 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 $248,620 for
services generally and briefly described as engineering design services for Wilder Reservoir Improvements.
B. Section 5 of the Contract currently has a termination date of June 30, 2025.
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, and 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 addition of design services associated with a standby engine generator, fire hardening the existing pump station onsite and an above ground pressure reducing station. The detailed scope of this additional work is attached as Exhibit A-1.
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Part 2. The sum of $65,091 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 $313,711, and shall be earned as the work progresses on the basis explained in the original contract, and as may have been previously amended.
Part 3. Levine Act. A new Section 31 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:
31. 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 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, incorporated herein by reference, and Consultant verifies by its signature that it has completed Exhibit C 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 DPW: 850-20\ev\Council\2024\111924\CI5294\Wilder Reservoir Amendment Att 2
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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 4. The Contract is extended for a period of six months and Section 5 is hereby amended in part to read as follows:
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 5. All terms used in Part 1, 2, 3, and 4 above shall have the meanings ascribed thereto in Contract. Except as amended in Part 1, 2, 3, and 4 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.
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
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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 additional design services related to a standby engine generator, fire hardening the existing pump station and a temporary pressure reducing valve station for the Wilder Reservoir Improvements (CI 5294) project.
CONSULTANT shall perform the following Tasks:
1. Permanent Stand By Engine Generator at Pump Station
1.1. Review record drawings and visit site. The CONSULTANT shall review relevant documents and shall visit the job site with City staff. Notes and photos shall be taken of panel interiors and staff interviews shall be conducted.
1.2. Virtual meeting with City staff to confirm criteria
1.3. Prepare 60, 90, and 100 percent drawings
1.4. Prepare technical specifications for generator procurement and installation
1.5. Provide opinion of probable cost
1.6. Attend design review meetings at 60 and 90 percent design completion
1.7. During bidding, assist with bidder questions and associated addenda preparation
2. Fire hardening of Pump Station
2.1. Review record drawings and visit site. The CONSULTANT shall review relevant documents and shall visit the job site with City staff. Notes and photos shall be taken staff interviews shall be conducted.
2.2. Consult with City Department of Building and Safety. The CONSULTANT shall arrange and conduct a virtual meeting with the City’s Building and Safety Department to confirm requirements. The City’s Project Manager shall assist in arranging this meeting.
2.3. Virtual meeting with City staff to discuss fire hardening recommendations
2.4. Prepare drawing, specifications, and opinion of cost for fire hardening. It is assumed that fire hardening shall consist of:
oAdding stucco or other fire-resistive material to the eaves of the building oCladding the facia boards with sheet metal
oReplacing the skylights with metal roof hatches
oReplacing the roofing with standing-seam metal roofing DPW: 850-20\ev\Council\2024\111924\CI5294\Wilder Reservoir Amendment Att 2
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3. 30 Percent Design of Pressure Reducing Valve Station
3.1. Topographic survey of Site. Engage a licensed land survey firm to prepare topographic mapping for site drawing preparation.
3.2. Utility research. Contact Underground Service Alert. Obtain list of registered utilities.
Prepare letters requesting information. Add information to site drawing.
3.3. Prepare 30-percent drawing and other information for inclusion in the Draft Preliminary Design Report.
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EXHIBIT C
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