ATTACHMENT #2
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Project Name: La Granada Reservoir
Improvements (CI 5292)
FIFTH AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
HARPER & ASSOCIATES ENGINEERING, INC.
Contract No. 12610-2020
THIS FIFTH AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter "City") and HARPER & ASSOCIATES ENGINEERING, INC. ("Consultant"), entitled La Granada Reservoir Improvements and dated November 10, 2020, and amended on December 14, 2021, December 4, 2022, November 22, 2023, and March 26, 2024 (herein "Contract") is made this 11th day of February, 2025.
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 $202,725 for services generally and briefly described as professional engineering and construction support services for the La Granada Reservoir Improvement Project.
B. Section 5 of Contract, currently, and as may have been previously amended, provides for a “Termination Date” of June 30, 2025.
C. City is in need of adding the Levine Act language to the Contract to comply with current state law.
D. 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.
E. City and Consultant desire to extend the date of the Contract in addition to the above referenced changes while keeping all other terms intact.
AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below:
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Part 1. The following services to be performed by Consultant are added to Scope of Services listed in Section 2 of Contract and such section is hereby amended to add and also include the following services and Exhibit A-5 is hereby added to the Contract:
Additional engineering support services during construction, as more fully described in Exhibit A-5, attached hereto and incorporated herein by reference.
Part 2 The sum of $ 84,900 is added as compensation to Consultant under the present Contract for the above-described additional services, and Section 3 (a) of Contract is hereby amended to read in its entirety as follows, and Exhibit B is hereby replaced in its entirety by Exhibit B-5, attached hereto and incorporated herein by reference:
(a)Maximum and Rate. The compensation payable to Consultant by City for the services under this Contract SHALL NOT EXCEED the sum of $287,625 (herein "not to exceed amount"),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-5”, attached and
incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon the Consultant until June 30, 2025, after which any change in said rates and expenses must be approved in writing by the 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 Contract.
Part 3. The Contract is extended for a period of 365 days and first paragraph of Section 5 is hereby amended to read as follows:
The term of this Agreement is from the date first written above to June 30, 2026, unless term of this Contract is extended, or the Contract is terminated as provided for herein.
Part 4. A new Section 31 is hereby added to the Contract to comply with current state law:
31.LEVINE ACT COMPLIANCE (California Government Code § 84308):
California Government Code section 84308 (Levine Act) prohibits any Thousand Oaks City Council member from participating in any action related to a contract, DPW: 850-20\ev\Council\2025\021125\CI5292\La Granada Reservoir Improvements Att 2.docx
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agreement, or franchise agreement if the councilmember receives a campaign contribution totaling more than $500 (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 $500 (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 requires parties to a contract, agreement, or franchise agreement to disclose any campaign contribution over $500 (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 Levie 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 an agreement, as well as their agents and representatives, from contributing more than $500 (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 5. All terms used in Parts 1, 2, 3 and 4 above shall have the meanings ascribed thereto in Contract. Except as amended in Parts 1,2, 3 and 4 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 Fifth Amendment to Contract as of the date set forth above.
HARPER & ASSOCIATES
ENGINEERING, INC.
__________________________
Krista Harper, Vice President
__________________________
Andre Harper
Chief Financial Officer
CITY OF THOUSAND OAKS
__________________________
David Newman, 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-5
LA GRANADA RESERVOIR IMPROVEMENTS (CI 5292)
SCOPE OF WORK
Consultant shall provide the following services:
Task 1 – General Inspection Services
Consultant shall provide additional inspection services for removal of existing stitch welds found during the surface preparation which are not included in the original contract documents.
Task 2 – Structural Inspection Services
Consultant shall provide additional structural engineering services to repair the reservoir’s existing roof support system.
Task 3 – Coating and Paint Inspection
Consultant shall provide additional coating and paint inspection services with NACE-certified inspectors for the surface preparation, painting, and coating of the reservoir.
Task 4 – Additional Services
Consultant shall perform additional inspection and testing services as needed at City’s request.
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EXHIBIT B-5
HARPER & ASSOCIATES ENGINEERING
FEE SCHEDULE
Effective January 1, 2025
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EXHIBIT C
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