Agenda packet — Thousand Oaks City Council, June 14, 2022 (part 1 of 6)

City Council
REGULAR MEETING
Tuesday, June 14, 2022, 6:00 PM
Andrew P. Fox City Council Chambers
Public advisory: Face masks are strongly recommended.

You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).

If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.

The Brown Act prohibits a person from having to register to attend a City Council meeting. The Zoom app requires registration if you would like to attend via video/teleconference. If you do not wish to register to attend the City Council meeting via Zoom, City Council chambers is open and accessible to the public.

If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.

In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.

Bob Engler, Mayor
Ed Jones, Mayor Pro Tem
Claudia Billde la Peña, Councilmember
Al Adam, Councilmember
Kevin McNamee, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Gary Rogers, Deputy City Manager Kelvin Parker, Community Development Director Jaime Boscarino, Finance Dir./City Treasurer Cynthia M. Rodriguez, City Clerk Clifford G. Finley, Public Works Director Jonathan Serret, Cultural Affairs Director Tim Giles, Human Resources Director Jim Friedl, General Manager, CRPD Jennifer Patterson, Library Services Director Jeff Shea, Fire Chief Jeremy Paris, Police Chief
MISSION STATEMENT:

Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:

AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall2100EThosandOaksBoleardThosandOaks[mainpostinglocationprsanttotheBron y
MISSION STATEMENT:

Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:

AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are rebroadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).

PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open at 5:30 p.m. All Ventura County Health requirements will be followed, which may include limited capacity, social distancing, and wearing face masks. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 4492151.

Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.

SPANISH INTERPRETATION: If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 4492151 or by email at [email protected]. Notification of at least 48 hours will usually enable the City to make arrangements.

INTERPRETACIÓN AL ESPAÑOL: Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 4492151 o por correo electrónico a [email protected]. Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.

CONSENT CALENDAR: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended. There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.

SUPPLEMENTAL INFORMATION: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.

JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.

1. CALL TO ORDER: 6:00 p.m.

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL: Councilmembers Billde la Peña, Adam, McNamee, Jones, and Mayor Engler Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.

1. CALL TO ORDER: 6:00 p.m.

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL: Councilmembers Billde la Peña, Adam, McNamee, Jones, and Mayor Engler

4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:

5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:

A. Gun Violence Awareness

6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011066/067)

7. CONSENT CALENDAR:

A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:

Ratify May 25, 2022, June 1, 2022, and June 8, 2022; approve June 15, 2022, and June 22, 2022, subject to review and ratification
B. Minutes of City Council meeting of May 24, 2022
RECOMMENDATION:

Approve
C. Youth Commission Appointments
RECOMMENDATION:

1. Approve Youth Commission reappointment of Alexandra Melton to serve a oneyear term ending July 2023.

2. Approve Youth Commission appointments of Rayna Doshi, Rheyah Gangadharan, Timothy Ha, Miguel Macaraig, Min Park, Mia Oscanoa, and Jane Staley to serve twoyear terms ending July 2024.

3. Approve Youth Commission appointment of Zoha Konkader to fill the unscheduled vacancy and serve the remainder of the term ending July 2023.

D. Dudek Environmental Consulting Services
RECOMMENDATION:

1. Approve Second Amendment to Task Order No. 1 (OnCall Contract No. 12520 2020) with Dudek Consulting of Santa Barbara, CA, to complete environmental documents for the Thousand Oaks Lakes’ 165unit apartment building project, in the amount of $14,165.02, increasing the total nottoexceed amount to $116,895.02.

2. Authorize expenditure in the amount of $14,165.02 from A/C #00142106415947 (Contracted Services – Billable Projects).

E. Civic Arts Plaza Sewer Lift Station Maintenance
amount of $14,165.02, increasing the total nottoexceed amount to $116,895.02.

2. Authorize expenditure in the amount of $14,165.02 from A/C #00142106415947 (Contracted Services – Billable Projects).

E. Civic Arts Plaza Sewer Lift Station Maintenance
RECOMMENDATION:

1. Award contract for general services to Ventura Regional Sanitation District (VRSD), for sewer lift station maintenance and repair services at the Civic Arts Plaza (CAP) effective July 1, 2022, and ending June 30, 2027, unless extended in writing by mutual agreement. The nottoexceed amount is $150,000 over the lifetime of the contract, which includes $94,500 for estimated base contract services and $55,500 for extra services.

2. Authorize expenditure in the total amount of $17,110 for FY 202223 from the following General Fund accounts: $6,844 from A/C #00135706125621, $9,410 from A/C #00135776775621, and $856 from A/C #00135806125621.

F. FY 202223 Top Ten Priorities
RECOMMENDATION:

Approve City Council Top Ten Priorities for FY 202223.

G. Building and Planning Professional Services Agreement RECOMMENDATION:

1. Approve the fourth amendment to Agreement No. 122672019 for professional Building and Planning consulting services with CSG Consultants, Inc. (CSG), effective through June 30, 2023, to add $225,000 with a revised nottoexceed amount of $725,000 over the lifetime of the agreement.

2. Approve budget appropriation and additional expenditure in the amount nottoexceed $50,000 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #00161106425010 (Community Development, Building, Temporary Help/ Temporary Agency Services) for FY 202122.

3. Authorize additional expenditure in an amount nottoexceed $150,000 from A/C #00161106425010 (Community Development, Building, Temporary Help/ Temporary Agency Services) for FY 202223.

4. Approve budget appropriation for FY 202223 and authorize expenditure in the amount nottoexceed $25,000 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #00142106415010 (Community Development, Planning, Temporary Help/ Temporary Agency Services).

H. Lawrence Drive and Teller Road Intersection Improvements Project (CI 5297) RECOMMENDATION:

1. Approve Third Amendment to Professional Services Agreement Contract No. 123362020 with KimleyHorn and Associates, Inc. (Los Angeles, CA), for additional design services for the Lawrence Drive and Teller Road Intersection Improvements project in the amount of $79,898, for a revised nottoexceed amount of $398,114.

2. Approve budget appropriation and expenditure in the amount of $79,900 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #0015310631 8300 (CI 5297, Lawrence Drive and Teller Road Intersection Improvements Project).

I. Wastewater Interceptor Capital Improvement Project Unit Y2 (CI 5328) RECOMMENDATION:
(,)
(CI 5297, Lawrence Drive and Teller Road Intersection Improvements Project).

I. Wastewater Interceptor Capital Improvement Project Unit Y2 (CI 5328) RECOMMENDATION:

1. Approve the project design, specifications, and Addenda Nos. 1 and 2 for construction of the Hill Canyon Treatment Plant Wastewater Interceptor Capital Improvement Project Unit Y2 (CI 5328).

2. Award construction contract for Wastewater Interceptor Capital Improvement Project Unit Y2 (CI 5328) to Blois Construction, Inc. (Oxnard, CA), in the amount of $3,482,401, plus a contingency of $348,240.

3. Approve Fourth Amendment to Professional Services Agreement No. 120232019 with HDR Engineering, Inc. (Claremont, CA) for Construction Phase Support Services on the Wastewater Interceptor Capital Improvement Project Unit Y2 (CI 5328) in the amount of $172,248 for a revised nottoexceed amount of $359,048, plus extra services of $17,225.

4. Approve Professional Services Agreement with Padre Associates, Inc. (Ventura, CA) for Environmental Permit Assistance and Monitoring Services on the Wastewater Interceptor Capital Improvement Project Unit Y2 (CI 5328) in the amount of $79,880, plus extra services of $7,980 and waive normal Request For Proposal process for this contract.

5. Authorize expenditure in the amount of $4,107,974 ($3,482,401 construction contract, $348,240 construction contract contingency, $172,248 for construction support services and testing, $17,225 for extra services, $79,880 for environmental permit assistance and $7,980 for extra services) from A/C #62482506828300 (Wastewater Interceptor Capital Improvement Project Unit Y2, CI 5328).

6. Delegate authority to the City Engineer to approve changes in the design, plans, specifications, and working details of the project on work directives and change orders up to the project approved contingency amount.

J. Water Resources Development Collaboration Memorandum of Understanding (CI 5395)
RECOMMENDATION:

1. Approve the Memorandum of Understanding for Water Resources Development Collaboration with Calleguas Municipal Water District, Camrosa Water District, and Las VirgenesTriunfo Joint Powers Authority.

2. Delegate authority to Public Works Director to execute future amendments to the Memorandum of Understanding to include other agencies or parties.

K. Annual School Crossing Guard Program Review
RECOMMENDATION:

Discontinue crossing guard service beginning the 202223 school year at the following locations due to pedestrian and vehicle volumes not meeting City minimum standards for crossing guard placement:

1. Janss Road and Marlow Street – Aspen Elementary

2. Lynn Road and Knollwood Drive – Banyan Elementary

3. Windsor Drive and Spalding Street – Glenwood Elementary

4. Calle Damasco and Calle Almendro – Ladera Elementary

5. Camino Manzanas and Marian Avenue – Madroña Elementary L. Agreement for Landscape Maintenance Services with Venco Western, Inc.

3. Windsor Drive and Spalding Street – Glenwood Elementary

4. Calle Damasco and Calle Almendro – Ladera Elementary

5. Camino Manzanas and Marian Avenue – Madroña Elementary L. Agreement for Landscape Maintenance Services with Venco Western, Inc.

RECOMMENDATION:

1. Approve Landscape Maintenance Services Agreement with Venco Western, Inc., Oxnard, CA, for a total not to exceed amount of $11,988,103.42, and a term of July 1, 2022 through June 30, 2027.

2. Approve expenditure for FY 202223 $2,323,320 ($2,023,320 base contract plus $300,000 for extra services).

3. Approve budget appropriation increase to the FY 202223 Operating Budget in the amount of $350,000 in various funds as follows:
a. $300,000 from A/C #14200003111000 (Landscape Fund, Fund Balance) to A/C #14256306325610 (Landscape Assessment Districts – Contracted Landscape Services)
b. $15,000 from A/C #00100003111000 (General Fund, Fund Balance) to A/C #00135826325610 (Thousand Oaks Transportation Center – Contracted Landscape Services)
c. $6,000 from A/C #00100003111000 (General Fund, Fund Balance) to A/C # 00135906125610 (403 Hillcrest – Contracted Landscape Services) d. $25,000 from A/C #61100003419900 (Water Fund, Net Position) to A/C #611 80506825610 (Reservoirs – Contracted Landscape Services) e. $1,500 from A/C #61100003419900 (Water Fund, Net Position) to A/C #611 80406825610 (Pump Stations – Contracted Landscape Services) f. $2,500 from A/C #62100003419900 (Wastewater Fund, Net Position) to A/C #62182206825610 (Lift Stations – Contracted Landscape Services) M. Updated Speed Hump Installation Policy
RESOLUTION ESTABLISHING ELIGIBILITY CRITERIA, RULES AND REGULATIONS, AND PROCEDURES FOR PROCESSING SPEED HUMP
INSTALLATION REQUESTS
RECOMMENDATION:

Adopt resolution establishing updated “Speed Hump Installation Policy” recommended by the Traffic and Transportation Advisory Commission on April 20, 2022.

N. Annual Transit Safety Plan Review
RESOLUTION ACKNOWLEDGING THE ANNUAL REVIEW AND UPDATE OF THE CITY OF THOUSAND OAKS TRANSIT PUBLIC TRANSPORTATION AGENCY SAFETY PLAN
RECOMMENDATION:

Adopt resolution acknowledging annual review and update of the City of Thousand Oaks Transit Public Transportation Agency Safety Plan.

O. Stop Sign Installations at Six Intersections (MI 2033) RESOLUTION ESTABLISHING STOP SIGNS AT THE INTERSECTIONS OF CALLE CUESTA AT DARLINGTON DRIVE, CALLE CATALPA AT DARLINGTON DRIVE, DARLINGTON DRIVE AT CAMINO DEL ZURO, RADCLIFFE ROAD AT CAMINO DEL ZURO, ILEX DRIVE AT ADRIAN STREET, AND PARKER AVENUE AT LOMBARD STREET
RECOMMENDATION:

CUESTA AT DARLINGTON DRIVE, CALLE CATALPA AT DARLINGTON DRIVE, DARLINGTON DRIVE AT CAMINO DEL ZURO, RADCLIFFE ROAD AT CAMINO DEL ZURO, ILEX DRIVE AT ADRIAN STREET, AND PARKER AVENUE AT LOMBARD STREET
RECOMMENDATION:

Adopt resolution approving stop signs at the following intersections:

1. Calle Cuesta at Darlington Drive: Calle Cuesta facing eastbound traffic

2. Calle Catalpa at Darlington Drive: Calle Catalpa facing eastbound traffic

3. Darlington Drive at Camino del Zuro: Darlington Drive facing southbound traffic

4. Radcliffe Road at Camino del Zuro: Radcliff Road facing southbound traffic

5. Ilex Drive at Adrian Street: Ilex Drive facing westbound traffic

6. Parker Avenue at Lombard Street: Parker Avenue facing southbound traffic

8. PUBLIC HEARINGS:

A. MixedUse Project at 325 and 391 Hampshire Road (Former Kmart Site); Applicant:

IMT Capital V Hampshire, LLC
RESOLUTION APPROVING A GENERAL PLAN AMENDMENT, ZONE CHANGE; SPECIFIC PLAN; DEVELOPMENT AGREEMENT; DEVELOPMENT PERMIT; LOT LINE ADJUSTMENT; PROTECTED TREE PERMIT; AND ADOPT AND CERTIFY FINAL ENVIRONMENTAL IMPACT REPORT AND ASSOCIATED MITIGATION MONITORING AND REPORTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE USE OF CERTAIN PROPERTY WITHIN SAID CITY AT 325 AND 391 HAMPSHIRE ROAD. APPLICATIONS: LU 202170215; Z 2021 70216; SP 202170397; DAGR 202170399; DP 202170214; LLA 202170398; PTP 202170400 and FEIR 202170442 (IMT CAPITAL V HAMPSHIRE, LLC) ORDINANCE ADOPTING SPECIFIC PLAN NO. 22 (325 AND 391 HAMPSHIRE ROAD), AND ITS ASSOCIATED GENERAL PLAN AMENDMENT; AND
AUTHORIZING THE LAND USES AND DEVELOPMENT STANDARDS IN SAID SPECIFIC PLAN (APPLICANT: IMT CAPITAL V HAMPSHIRE, LLC) ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (325 AND 391 HAMPSHIRE ROAD; APPLICANT: IMT CAPITAL V HAMPSHIRE, LLC) RECOMMENDATION:

1. Adopt resolution certifying the Final Environmental Impact Report (FEIR) 2021 70442, Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations prepared in accordance with the California Environmental Quality Act (CEQA) for the subject project and approving Development Agreement 202170399 to specify public and private benefits and responsibilities related to the project and approving General Plan Land Use Amendment 202170215 to change the General Plan land use designation from Commercial to Commercial/Residential; Zone Change 202170216 to change zoning designation of Neighborhood Commercial (C1) to Specific Plan 22 (SP 22); Specific Plan 202170397 to establish specific development standards for the mixeduse project; Development Permit 202170214 for the proposed mixeduse and “townhome style” apartment buildings and associated development; Lot Line Adjustment 202170398 to establish two legal lots of record; Protected Tree Permit 202170400 to allow the removal of three (3) coast live oak (Quercus agrifolia) trees and encroachment into the protected zone of two (2) coast live oak (Quercus agrifolia) trees and two California sycamore (Platanus racemosa) trees.

2. Read ordinances in title only, further reading be waived, and, if no objection, introduce ordinance adopting SP 22 (325 and 391 Hampshire Road), and its live oak (Quercus agrifolia) trees and encroachment into the protected zone of two (2) coast live oak (Quercus agrifolia) trees and two California sycamore (Platanus racemosa) trees.

2. Read ordinances in title only, further reading be waived, and, if no objection, introduce ordinance adopting SP 22 (325 and 391 Hampshire Road), and its associated General Plan Amendment, and authorizing the land uses and development standards in said Specific Plan and introduce ordinance approving DAGR 202170399.

B. Landscape and Lighting Assessment District No. 792 Annual Levy RESOLUTION APPROVING THE ENGINEER’S REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 792, AND ANNUAL LEVY OF ASSESSMENTS RELATED THERETO COMMENCING IN FISCAL YEAR 202223 RESOLUTION ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THOUSAND OAKS LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 792 FOR FISCAL YEAR 202223
RECOMMENDATION:

1. Approve Final Engineer’s Report for Landscape and Lighting Assessment District No. 792 FY 202223 Assessments.

2. Adopt resolutions approving Engineer’s Report and Ordering Annual Levy of Assessments for FY 202223.

9. STUDY SESSIONS: None

10. DEPARTMENT REPORTS: None

11. COMMITTEE/COMISSION/BOARD REPORTS:

A. FY 202223 Community Social Service Grant Recommendations RECOMMENDATION:

1. Approve Community Social Service Grants totaling $100,000.

2. Authorize the City Manager or designee to execute Community Social Service Grant agreements with grantees.

3. Authorize expenditure in the amount of $100,000 from A/C #00111206115920 (SS2023, Community Endowment Grant Account) for Community Social Service Grants.

12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None

13. COUNCIL ISSUES/RECOMMENDATIONS:

14. CITY MANAGER:

A. Announcements and upcoming issues

15. CLOSED SESSION:

A. CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation: Initiation of litigation; Pursuant to Government Code Section 54956.9(d)(4). (1 Potential Case)

15. CLOSED SESSION:

A. CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation: Initiation of litigation; Pursuant to Government Code Section 54956.9(d)(4). (1 Potential Case)

16. PUBLIC NOTICES: None

17. ADJOURNMENT: Adjourn to Regular Meeting Tuesday, June 28, 2022 Agenda Post Date/Time: Jun 09, 2022, 5:00P.M.

CCD:61040\h:\common\agenda\2022\062822.docx

MINUTES OF THE CITY COUNCIL
Thousand Oaks, California May 24, 2022

1. CALL TO ORDER:

Mayor Bob Engler called the meeting to order at 6:01 p.m. in Council Chambers, 2100 Thousand Oaks Boulevard, Thousand Oaks, California.

2. PLEDGE OF ALLEGIANCE: Mayor Engler introduced the Girl Scouts in attendance to lead the pledge of allegiance.

3. ROLL CALL:

Present: Councilmembers Bill-de la Peña, Adam, McNamee, Jones, and Mayor Engler present in chambers.

Also present in person and via video conference: City Manager Andrew P. Powers, Chief Assistant City Attorney Patrick Hehir, Assistant City Manager Ingrid Hardy, City Clerk Cynthia M. Rodriguez, Finance Director Jaime Boscarino, Community Development Director Kelvin Parker, Public Works Director Cliff Finley, Cultural Affairs Director Jonathan Serret, Human Resources Director Tim Giles, Library Services Director Jennifer Patterson, Police Chief Jeremy Paris, Communication Manager Alexandra South, Sustainability Division Manager Helen Cox, Senior Sustainability Analyst John Brooks, Assistant City Attorney Tracy Friedl, Associate Planner Justine Kendall, Assistant City Attorney Noel Doran, Deputy City Clerk Laura Maguire, Information Technology Supervisor Atanas Beltchev, Cable Operations Supervisor Carl Jarecky, Senior Video Specialist Richard Swingler, and Assistant Analyst Sandra Delgado.

4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:

Mayor Engler announced Item 7.D. being pulled from agenda as it is a duplicate report (7.N.).

5. SPECIAL PRESENTATIONS:

A. Communications Manager South introduced Girls Scout representative Joselyn Skelton and several Girl Scouts to discuss their projects and goals.

B. Mayor Engler introduced Conejo Recreation and Park District Recreation Supervisor Patty Hamm, Goebel Adult Community Center Director Julie Spivack, and Teen Center Director Sarah Daub to provide annual program updates.

C. Mayor Engler introduced Fire Chief Shea to provide a presentation on fire resiliency. Fire Hazard Reduction Program Manager Larry Williams and VCFD Deputy Chief Chad Cook responded to questions.

DRAFT
Item No.7B

MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 2 May 24, 2022
Mayor Engler requested a moment of silence in honor of the victims of the Texas school shooting that took place May 24, 2022.

6. PUBLIC COMMENTS:

Speakers: Carole Shelton, Thousand Oaks; Lee Ann Holland, Newbury Park.

City Manager Powers addressed public comments.

7. CONSENT CALENDAR:
(See Exhibit A for Consent Calendar Listing)

8. PUBLIC HEARINGS: None.

9. STUDY SESSIONS: None.

10. DEPARTMENT REPORTS:

A. November 8, 2022 General Municipal Election and League of Women Voters City Council Candidate Forum presented by Deputy City Clerk Maguire. City Clerk Rodriguez available for questions.

RESOLUTION CALLING AND GIVING NOTICE OF THE HOLDING OF A

GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022, FOR THE ELECTION OF THREE COUNCILMEMBERS

FOR FOUR-YEAR TERMS AS REQUIRED BY THE LAWS OF THE STATE

OF CALIFORNIA RELATING TO GENERAL LAW CITIES
RES. NO. 2022-020

RESOLUTION REQUESTING VENTURA COUNTY BOARD OF

SUPERVISORS TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 8, 2022 WITH STATEWIDE

GUBERNATORIAL GENERAL ELECTION TO BE HELD ON THE SAME
DATE PURSUANT TO CALIFORNIA ELECTIONS CODE § 10403
RES. NO. 2022-021

RESOLUTION ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO CANDIDATE’S STATEMENTS

SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 8, 2022
RES. NO. 2022-022
Speakers/Written Statements: None.

DRAFT
Item No.7B

MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 3 May 24, 2022

10. DEPARTMENT REPORTS: (Continued)
A. November 8, 2022 General Municipal Election and League of Women Voters City Council Candidate Forum (Continued)
Motion by Councilmember Jones to adopt resolution Calling for the General Municipal Election for November 8, 2022 for election of three Councilmembers; adopt resolution Consolidating General Municipal Election with the Statewide Gubernatorial General Election (including contract with Ventura County for Election Services); adopt resolution Adopting Candidate Statement Guidelines and Costs; authorize expenditure in an amount not to exceed $55,000 from A/C #001-2110-611-6910 (Election Costs) for contract services with Ventura County Elections Division; authorize expenditure of $3,000 from A/C #001- 2110-611-6910 (Election Costs) and authorize City Manager to approve League of Women Voters’ (LWV) request for use of the Scherr Forum Theatre and Thousand Oaks Television (TOTV) for a televised City Council Candidate Forum on a date to be determined contingent on the Governor’s and Ventura County Public Health Officer’s orders and theatre availability, carried 5-0 by the following vote: Ayes – Bill-de la Peña, Adam, McNamee, Jones, and Engler; Noes – None.

B. Water Shortage Declaration presented by Sustainability Division Manager Cox. Public Works Director Finley and City Manager Powers responded to questions. Senior Sustainability Analyst Brooks and Assistant City Attorney Friedl available for questions. Additional information supplemental packet.

RESOLUTION DECLARING A LEVEL 4 WATER SUPPLY SHORTAGE
PURSUANT TO MUNICIPAL CODE SECTION 10-2.1107 AND ENACTING

ADDITIONAL WATER CONSERVATION MEASURES PURSUANT TO
MUNICIPAL CODE SECTION 10-2.1112
RES. NO. 2022-023
Speakers: Clint Fultz, Thousand Oaks; Mike Smith, Simi Valley; Paul Chilopoulos, Thousand Oaks; Scott Cohen, city of residence unknown; Trent Siggard, Newbury Park; John Norwood, city of residence unknown.

Motion by Councilmember Adam to adopt resolution declaring a Level 4 Water Supply Shortage with minor modifications pursuant to Municipal Code Section 10-2.1107; approve budget appropriation and authorize expenditure in the amount of $125,000 ($75,000 from A/C #611-0000-341-9900 (Water Fund, Net Position) to A/C #611-8025-682-56.99 (Contracted Services) for water waste patrol service for FY 2022-23 and $50,000 from A/C #611-0000-341-9900 (Water Fund, Net Position) to A/C #611-8025-686-67.00 (Advertising and Mailers) for outreach; and designate Councilmember McNamee as representative to the Calleguas Drought Response Task Force, carried 5-0 by the following vote: Ayes – Bill-de la Peña, Adam, McNamee, Jones, and Engler; Noes – None.

DRAFT
Item No.7B

MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 4 May 24, 2022

10. DEPARTMENT REPORTS: (Continued)

11. COMMITTEE/COMMISSION/BOARD REPORTS: None.

12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS
REDEVELOPMENT AGENCY REPORTS: None.

13. COUNCIL ISSUES/RECOMMENDATIONS: None.

14. CITY MANAGER:

C. Municipal Code Amendment Regarding Urban Lot Splits and Multiple Residential Units Per Lot presented by Assistant City Attorney Doran and Associate Planner Kendall. Chief Assistant City Attorney Hehir responded to questions. Community Development Director Parker available for questions.

RESOLUTION DECLARING INTENTION TO CONSIDER AN AMENDMENT TO THE THOUSAND OAKS MUNICIPAL CODE TO IMPLEMENT 2021
SENATE BILL NO. 9 (SB 9), INCLUDING THE CREATION OF URBAN LOT SPLITS AND MULTIPLE RESIDENTIAL UNITS PER LOT (MCA 2022-70465) RES. NO. 2022-024
Speaker: Jackson Piper, Newbury Park.

Motion by Councilmember Bill-de la Peña to adopt resolution declaring intention to consider an amendment to the Municipal Code to implement 2021 Senate Bill No. 9 (SB 9), including the creation of urban lot splits and multiple residential units per lot, carried 5-0 by the following vote: Ayes – Bill-de la Peña, Adam, McNamee, Jones, and Engler; Noes – None.

A. 2022 Southern California Association of Governments General AssemblyUpdate presented by Mayor Engler.

Report received.

B. League of California Cities Leaders Summit - May 11-13, 2022 presented by Mayor Engler.

Report received.

A. City Manager Powers provided an update on June 14, 2022, City Council meeting.

DRAFT
Item No.7B

MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 5 May 24, 2022

15. CLOSED SESSIONS REQUESTED:

Chief Assistant City Attorney Hehir announced closed session held at 9:18 p.m.

Chief Assistant City Attorney Hehir indicated no announcement anticipated.

16. PUBLIC NOTICES: None.

17. ADJOURNMENT:

City Council adjourned at 9:30 p.m. to Regular Meeting on Tuesday, June 14, 2022. ________________________________
Bob Engler, Mayor
City of Thousand Oaks City Council
Attest:
_________________________________
Cynthia M. Rodriguez, City Clerk
City of Thousand Oaks City Council
AGENDA POSTED: May 19, 2022
MINUTES APPROVED: June 14, 2022
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.

CCD:610-60\dlz\h:\common\minutes\2022\20220524.docx
A. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: Suzanne Rosenthal vs. City of Thousand Oaks; Case No.: 56-2019-00531953-CU-POVTA; Pursuant to Government Code Section 54956.9(a).

DRAFT
Item No.7B

MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 6 May 24, 2022

EXHIBIT A

7. CONSENT CALENDAR:

RECOMMENDATIONS FOR ITEMS A. THROUGH P. ARE TO APPROVE
Additional information supplemental packet pertaining to Items 7.C., 7.D., 7.E., and

7.N.

Motion by Councilmember Jones to approve Consent Calendar except for Item 7.C. [2022 Pavement Overlay Program (CI 5538)], carried 5-0 by the following vote: Ayes – Bill-de la Peña, Adam, McNamee, Jones, and Engler; Noes – None.

Motion by Councilmember Jones to approve Item 7.C., carried 4-0 by the following vote: Ayes – Bill-de la Peña, Adam, Jones, and Engler; Noes – None; Recused (Conflict of Interest) – McNamee.

A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:

Ratify April 27, 2022, May 4, 2022, May 11, 2022, and May 18, 2022; approve May 25, 2022, June 1, 2022, and June 8, 2022, subject to review and ratification.

B. Minutes of City Council meetings of April 26, 2022, May 10, 2022, and May 17, 2022
RECOMMENDATION:

Approve.

DRAFT
Item No.7B

MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 7 May 24, 2022

7. CONSENT CALENDAR: (Continued)
C. 2022 Pavement Overlay Program (CI 5538)
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FY 2022-23
FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
RES. NO. 2022-019
RECOMMENDATION:

1. Adopt resolution approving list of streets to be funded in part with FY 2021- 22 and FY 2022-23 SB1 Road Maintenance and Rehabilitation Account (RMRA) revenue for construction of the 2022 Pavement Overlay Program (CI 5538).

2. Approve Reimbursement Agreements in the total amount of $36,220; $32,000 from Triunfo Water and Sanitation District ($29,500 contract, plus $2,500 contingency); and $4,220 from Calleguas Municipal Water District ($3,600 contract, plus $620 contingency).

3. Approve budget appropriation and expenditure in the amount of $36,220 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001- 0000-437-9900 (CI 5538, Triunfo Wastewater District and Calleguas Municipal Water District Reimbursement Agreements).

D. Alerton Building Automation Services at the Civic Arts Plaza RECOMMENDATION:

1. Approve single source designation of Signet for BAS services pursuant to Thousand Oaks Municipal Code Section 3-10.202.

2. Award agreement for professional services to Signet Controls, Inc. (Signet), of Moorpark, CA, for Alerton building automation system (BAS) services at the Civic Arts Plaza (CAP) effective May 24, 2022, and ending May 31, 2025, with two one-year options to extend the agreement. The notto-exceed amount is $375,000 over the lifetime of the contract, which includes $275,000 for base contract services and $100,000 for extra services.

3. Authorize expenditure in the total amount of $101,878 from the following General Fund accounts; $26,751 from A/C #001-3570-612-5621, $71,783 from A/C #001-3577-677-5621, and $3,344 from A/C #001-3580-612-5621 for remaining FY 2021-22 and FY 2022-23 budget cycles.

4. Approve budget appropriation and authorize expenditure in the amount of $36,000 in FY 2021-22 and $23,000 in FY 2022-23 from A/C #001-0000-311- 1000 (General Fund - Fund Balance) to A/C #001-3577-677-5621 (Contracted Services – HVAC).

DRAFT
Item No.7B

MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 8 May 24, 2022

7. CONSENT CALENDAR: (Continued)
E. Unarmed Security Guard Services at the Thousand Oaks Transportation Center
RECOMMENDATION:

1. Approve five-year agreement, from July 3, 2022, through June 30, 2027, with Taurus Protection, Inc., Thousand Oaks, CA, for unarmed security guard services in the amount of Not-to-Exceed $627,500.

2. Authorize expense for FY 2022-23 in the amount of $130,410 ($108,810 weekly service and $21,600 special service) from A/C #651-5540-682-5540 (Transportation Fund/Contracted Services).

F. Unit W - Wastewater Pipe and Maintenance Hole Lining (CI 5530) RECOMMENDATION:

1. Approve the project design, specifications, and Addendum No. 1 for construction of the Unit W – Wastewater Pipe and Maintenance Hole Lining Project (CI 5530).

2. Award construction contract for Unit W – Wastewater Pipe and Maintenance Hole Lining Project (CI 5530) to Southwest Pipeline and Trenchless Corp. (Torrance, CA), in the amount of $2,107,925, plus a contingency of $210,792.

3. Approve budget appropriation in the amount of $408,547 from A/C #624- 0000-341-9900 (Wastewater- Net Position) to A/C #624-8220-682-8300 (CI 5530).

4. Authorize expenditure in the amount of $2,323,717 ($2,107,925 Construction Contract, $210,792 Construction Contract Contingency, and $5,000 City Furnished) from A/C #624-8220-682-8300 (CI 5530).

5. Delegate authority to the City Engineer to approve changes in the design, plans, specifications, and working details of the project on work directives and change orders up to the project approved contingency amount.

DRAFT
Item No.7B

MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 9 May 24, 2022

7. CONSENT CALENDAR: (Continued)
G. Environmental Impact Report Consultant Agreement
RECOMMENDATION:

1. Approve first amendment to Contract No. 12843-2021 with Rincon Consultants, Inc., Los Angeles, CA, in the amount of $118,150 ($64,421 for additional scope and $53,729 for extra services) for a new total not-to-exceed amount of $300,000.

2. Approve additional budget appropriation and expenditure in the amount of $118,150 from A/C #001-4210-447-5000 (Charges for Services - Environmental Review) to A/C #001-4210-641-5947 (Contracted Services, Reimbursable).

H. Landscape and Lighting Assessment District No. 79-2 FY 2022-23 Initiating Assessments

RESOLUTION INITIATING PROCEEDINGS FOR ANNUAL LEVY OF

ASSESSMENTS FOR THOUSAND OAKS LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO. 79 2 (FISCAL YEAR 2022-23)
RES. NO. 2022-015
RESOLUTION CONFIRMING THE PRELIMINARY ENGINEER’S REPORT

FOR THE ANNUAL LEVY OF ASSESSMENTS FOR THOUSAND OAKS
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 79-2 (FISCAL YEAR 2022-23)
RES. NO. 2022-016

RESOLUTION DECLARING ITS INTENTION TO LEVY ANNUAL

ASSESSMENTS FOR THOUSAND OAKS LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO. 79-2 (FISCAL YEAR 2022-23)
RES. NO. 2022-017
RECOMMENDATION:

1. Adopt resolutions to initiate assessment proceedings, approve Preliminary Engineer’s Report, and set public hearing date of June 14, 2022, for Landscape and Lighting Assessment District No. 79-2 FY 2022-23 Assessments.

2. Approve and Authorize the City Engineer to execute the agreement with Ventura County Auditor-Controller to place Landscape and Lighting Assessment District assessments on the Secured Tax Rolls and distribution of Collections to the City for $0.17 per assessment per parcel, plus administration and collection fees.

DRAFT
Item No.7B

MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 10 May 24, 2022

7. CONSENT CALENDAR: (Continued)
I. Transit Fares and Operational Update
RECOMMENDATION:

1. Authorize staff to implement reduced fare program for all local Thousand Oaks Transit services effective July 1, 2022, through December 31, 2022.

2. Authorize City Manager or designee to extend reduced fares for up to an additional 6-months through June 30, 2023, should it align with current transit practices regionally.

3. Approve an adjustment to 31-day unlimited ride fare pass from $56.00 to $50.00 to align the pass price with similar passes offered by Ventura County Transportation Commission Intercity Bus and Gold Coast Transit District.

J. Bank of America Performing Arts Center Resident Companies Renewal RECOMMENDATION:

1. Approve 5 Star Theatricals as a Resident Company of the Bank of America Performing Arts Center, for a term running from July 1, 2022 through June 30, 2025.

2. Approve New West Symphony as a Resident Company of the Bank of America Performing Arts Center, for a term running from July 1, 2022 through June 30, 2025.

3. Approve Pacific Festival Ballet as a Resident Company of the Bank of America Performing Arts Center, for a term running from July 1, 2022 through June 30, 2025.

K. City of Thousand Oaks Sewer System Management Plan Update (MI 2632) RECOMMENDATION:

Approve the recently updated 2022 Sewer System Management Plan and its findings and recommendations (MI 2632).

DRAFT
Item No.7B

MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 11 May 24, 2022

7. CONSENT CALENDAR: (Continued)
L. Exempt Surplus Land Pursuant to the Surplus Lands Act RESOLUTION DECLARING THE PROPERTY LOCATED AT 384 NORTH
ERBES ROAD (APN 670-0250-210, and APN 670-0250-290) AS EXEMPT

SURPLUS LAND PURSUANT TO THE SURPLUS LAND ACT
RES. NO. 2022-018
RECOMMENDATION:

Adopt resolution declaring the property located at 384 N. Erbes Road (APN 670-0250-210 and APN 670-0250-290) as Exempt Surplus Land pursuant to the Surplus Lands Act; and authorize the City Manager to take action(s) necessary to effectuate the purposes of the resolution.

M. Wireless Telecommunications Consultant Services
RECOMMENDATION:

1. Approve agreement with Telecom Law Firm, P.C. of Los Angeles, California, for wireless telecommunications consultant services for $85,000 for a one-year term, from July 1, 2022, to June 30, 2023, with an option to extend for a maximum of two additional one-year terms for a total not-toexceed amount of $255,000.

2. Approve budget appropriation in the amount of $85,000 from A/C #001- 4210-447-4000 (Charges for Services – Planning Fees/Permit) to A/C #001- 4210-641-5947 (Contracted Services, Billable Time) for FY 2022-23.

3. Authorize expenditure in the amount of $85,000 from A/C #001-4210-641- 5947 (Contracted Services, Billable Time).

4. Authorize staff to waive the formal Request for Proposal/Qualifications (RFP/Q) process in accordance with Thousand Oaks Municipal Code (TOMC) Section 3-10.501.

DRAFT
Item No.7B

MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 12 May 24, 2022

7. CONSENT CALENDAR: (Continued)
N. Building Automation Services at the Civic Arts Plaza RECOMMENDATION:

1. Approve single source designation of Signet Controls, Inc. (Signet) for building automation system (BAS) services pursuant to Thousand Oaks Municipal Code Section 3-10.202.

2. Award agreement for professional services to Signet, of Moorpark, CA, for Alerton BAS services at the Civic Arts Plaza (CAP) effective May 24, 2022, and ending May 31, 2025, with two one-year options to extend the agreement.

The not-to-exceed amount is $375,000 over the lifetime of the contract, which includes $275,000 for base contract services and $100,000 for extra services.

3. Authorize expenditure in the total amount of $101,878 from the following General Fund accounts: $26,751 from A/C #001-3570-612-5621, $71,783 from A/C #001-3577-677-5621, and $3,344 from A/C #001-3580-612-5621 for remaining FY 2021-22 and FY 2022-23 budget cycles.

O. Hill Canyon Treatment Plant Security Upgrades (CI 5567) RECOMMENDATION:

1. Approve First Amendment to Contract No. 12829-2021 with Triad Consulting & System Design Group, LLC, of Corona, CA to add $23,000 with a new not-to-exceed amount of $98,000 over the lifetime of the contract.

2. Approve security software selection of Genetec.

3. Authorize staff to solicit bids for the Hill Canyon Wastewater Treatment Plant Security Upgrades project (CI 5567).

4. Authorize expenditure in the amount of $23,000 from A/C #624-8250-682- 8200 (CI 5567, Buildings - Capital).

DRAFT
Item No.7B

MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 13 May 24, 2022

7. CONSENT CALENDAR: (Continued)
P. Homeland Security Grant for the Disaster Assistance Response Team RECOMMENDATION:

1. Authorize acceptance of the County of Ventura’s Homeland Security grant in the amount of $10,000 to be received by the Thousand Oaks Police Department’s Disaster Assistance Response Team (DART).

2. Approve expenditure in the amount of $10,000 from A/C #001-6740-627- 3300 (OES016, DART Equipment less than $5,000).

DRAFT
Item No.7B
TO: City Council
FROM: Bob Engler, Mayor
Kevin McNamee, Councilmember
DATE: June 14, 2022
SUBJECT: Youth Commission Appointments
RECOMMENDATION:

1. Approve Youth Commission reappointment of Alexandra Melton to serve a one-year term ending July 2023.

2. Approve Youth Commission appointments of Rayna Doshi, Rheyah Gangadharan, Timothy Ha, Miguel Macaraig, Min Park, Mia Oscanoa, and Jane Staley to serve two-year terms ending July 2024.

3. Approve Youth Commission appointment of Zoha Konkader to fill the unscheduled vacancy and serve the remainder of the term ending July 2023.

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time for costs associated with coordinating interviews, appointments, and preparing support materials, is included in the Adopted FY 2021-22 General Fund Budget.

BACKGROUND:

The Youth Commission was established in 1985. It consists of 13 members between the ages of 13 – 18. Members serve two-year, rotating terms. High School Seniors may be appointed for one year if they have already served a minimum of one year. The role of the Youth Commission is to serve as an advisory body to the City Council on matters dealing with youth.

An open application period for the current eight vacancies was opened March 7, 2022 and closed April 20, 2022. Public outreach took place in March and April and included news postings on the City’s website and social media channels. A special announcement was made on March 30, 2022 to over 60 youth who attended the City of Thousand Oaks Youth Leadership Summit. Emails were sent to high Item No.7C
Youth Commission Appointments
June 14, 2022

Page 2 ends

schools and junior high schools in the Conejo Valley for posting in the school bulletin and other informational outlets, such as school clubs and social media. In addition, emails were sent to local community agencies that work with youth.

Complete information can be found on the dedicated Youth Resources webpage (www.toaks.org/youth) on the City website.

One Commissioner resigned on May 25, 2022 creating an unscheduled vacancy with a term to July 2023. The Notice of Vacancy was posted the same day. There are currently nine (9) total vacancies.

DISCUSSION/ANALYSIS:

Twenty-eight applications were received. Eight applicants did not meet the eligibility requirements for the Youth Commission and were, therefore, not interviewed. Four of these applicants do not live in the City of Thousand Oaks and four are not entering 9th – 11th grade in Fall 2022.

Twenty interviews were scheduled for May 17, 2022 at the Grant R. Brimhall Library. The interview committee consisted of Mayor Engler and Councilmember McNamee. Two applicants declined the interview. After reviewing applications and conducting interviews, the following reappointment is recommended: Alexandra Melton. Additionally, the following appointments are recommended: Rayna Doshi, Rheyah Gangadharan, Timothy Ha, Miguel Macaraig, Min Park, Mia Oscanoa, and Jane Staley.

To fill the unscheduled vacancy the interview committee met on May 31, 2022 to review applications from the March 7, 2022 recruitment and discuss the interviews conducted on May 17, 2022. The following appointment is recommended: Zoha Konkader.

Recommended appointment applications are available for review in the City Clerk Department; applications for minors are not provided as attachments to staff reports.

COUNCIL GOAL COMPLIANCE:

Meets City Council Goals A and G:

A. Create a more equitable, accessible, safe, welcoming, and inclusive government and community regardless of race, color, ethnicity, religion, sex, physical or mental ability, sexual orientation, gender identity and expression, age, language, education, and/or socio-economic status.

Item No.7C
Youth Commission Appointments
June 14, 2022

Page 3 ends

G. Continue City's commitment to community and cultural programs and services (such as Performing Arts/Theatres, Libraries, TOTV, Visual Arts, Youth and Senior Programs).

PREPARED BY: Sarah Mailes, Community Services Analyst
CMO: 110-20/SM/I:\Youth and Senior Services\Youth Commission\Recruitment\2022 recruit\061422 YC Appointments Staff Report.docx
Item No.7C
TO: Andrew P. Powers, City Manager
FROM: Kelvin Parker, Community Development Director
DATE: June 14, 2022
SUBJECT: Dudek Environmental Consulting Services
RECOMMENDATION:

1. Approve Second Amendment to Task Order No. 1 (On-Call Contract No. 12520- 2020) with Dudek Consulting of Santa Barbara, CA, to complete environmental documents for the Thousand Oaks Lakes’ 165-unit apartment building project, in the amount of $14,165.02, increasing the total not-to-exceed amount to $116,895.02.

2. Authorize expenditure in the amount of $14,165.02 from A/C #001-4210-641- 5947 (Contracted Services – Billable Projects).

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time required to prepare the report is included in the Adopted FY 2021-22 General Fund Budget. The amount being requested has been received in deposit from the applicant.

BACKGROUND:

The approximately 7.5-acre site (located at 2200 Thousand Oaks Boulevard) is zoned Specific Plan, TO Civic Arts Plaza (SP 11) and has a land use designation of Commercial. The project site has been developed with open space along the frontage of Thousand Oaks Boulevard and a commercial center, including various retail shops and restaurants. California Environmental Quality Act (CEQA) documents are needed for the proposed 165-unit apartment building project.

On June 23, 2020, City Council approved on-call professional services agreements with firms for various services. Included in these firms was an agreement between the City and Dudek Consulting (Dudek) to provide the City as-needed environmental consulting up to $125,000 per task order and not-to-exceed $500,000 annually.

Item No.7D
Dudek Environmental Consulting Services
June 14, 2022

Page 2 ends

In June 2021, staff solicited proposals from the City’s On-call list for CEQA consultation for the Lakes Project. Three (3) proposals were received. Staff evaluated each proposal and selected Dudek, which appeared to be better suited for the tasks involved for the Lakes project.

On July 1, 2021, City Manager approved Task Order #1 with Dudek for $74,880 to provide professional services in connection with preparation of the Initial Study and the Mitigated Negative Declaration (MND) for the Thousand Oaks Lakes’ 165-unit Apartment Building Project.

On October12, 2021, City Council approved Amendment #1 to Task Order #1 with Dudek for an additional $27,850, increasing the total Task Order to $102,730, to employ additional resources needed for completion of the Initial Study and the MND for the Thousand Oaks Lakes’ 165-unit Apartment Building Project.

DISCUSSION/ANALYSIS:

Task Order #1 and Amendment #1 were approved in the total amount of $102,730 based on an estimate to complete an MND for environmental clearance. However, during the CEQA required investigation, it was discovered that additional resources, staffing, and potential for additional studies were required. Based on the need for additional work and labor, the current contract amount did not cover the expected total expenditure. Therefore, staff is requesting additional funds to fulfill the contractual obligation to the consultant for delivering the environmental document and associated tasks.

The additional $14,165.02 needs to be applied to an outstanding balance for the additional work to complete the CEQA analysis that included the Initial Study, reports, costs for preparing the draft MND for public review, preparing timely responses to comments, and preparation of the final MND and recordation of pertinent material with the appropriate governmental agencies. The applicant paid a deposit fee so the City will fully recover its costs from the applicant’s deposit fund.

City Council approval of Amendment #2 to Task Order #1 (Contract No. 12520- 2020) with Dudek (Attachment #1) in the amount of $14,165.02, increasing the total not-to-exceed amount to $116,895.02 is recommended.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal(s):

Item No.7D
Dudek Environmental Consulting Services
June 14, 2022

Page 3 ends

C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.

F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.

PREPARED BY: Nizar Slim, Sr. Planner
Attachments:

Attachment #1 – Second Amendment to Contract 12520-2021 - Task Order #1
cdd:H:410-30\H:COMMON\Administration & Special Projects\Contracts-POs-Task Orders\Dudek-TO Lakes-2021-70424\ Task Order 2-Staff Report.docx
Item No.7D
AGREEMENT NO.12520-2020 TASK ORDER NO. 1 2
Consultant/Contractor:

City Business License #: 22-39584 Orig. Task Order Amount: $ 74,880.00 On Call Agreement Amount: $ 500,000.00 Agreement Date: 7/1/2020 Previous Amendments: $ 27,850.00 Prev. Approved Task Orders: $ 172,281.00 Agreement Expiration Date: 6/30/2023 This Amendment: $ 14,165.02 $ 14,165.02 Orig. Task Order Date: 7/19/2021 Task Order Not-To-Exceed: $ 116,895.02 On Call Agreement Balance: $ 313,553.98 Prior Amendment Date: 10/19/2021 City Council Approval Date: (date) or N/A Project Name/No.:

Account No.:

SCOPE OF WORK FOR THIS TASK ORDER:

NOT-TO-EXCEED FEE AMOUNT FOR THIS TASK ORDER AMENDMENT:

TIME FOR COMPLETION OF ALL SERVICES UNDER THIS TASK ORDER:

Recommended By: Date:

Nizar Slim, Sr. Planner
City of Thousand Oaks
Approved By: Date:

Steve Kearns, Planning Manager
City of Thousand Oaks
Accepted By: Date:

Joe Monaco, President, CEO
Consultant/Contractor Company Name
Approved By: Date:

Kelvin Parker, Community Development Director
City of Thousand Oaks
Approved By: Date:

Bob Engler, Mayor
City of Thousand Oaks
Approved By: Date:

Andrew P. Powers, City Manager
City of Thousand Oaks
Approved As To Form: Date:

Patrick Hehir, Chief Assistant City Attorney
City of Thousand Oaks
Attested By: Date:

Cynthia M. Rodriquez, City Clerk
City of Thousand Oaks Rev. 4/2022-CLJ
This Amendment:

Thousand Oaks Lakes Environmental Document Preparation
*If the term of the Master On-Call Agreement from which this Task Order was issued expires prior to the completion of this work, the terms and conditions of the Agreement, including all rights and obligations, shall remain in effect and bind the parties until the work is completed. 001-4210-641-5947

PLEASE SEE ATTACHED
$ 14,165.02
*Completion by: June 30, 2022

ON CALL AGREEMENT

TASK ORDER AMENDMENT
AMENDMENT NO.

Dudek Consulting
cdd:410-40\initials\C:\Users\nslim\Desktop\NS Cases\2021\TO LAKES _ LD Ok_ New config_ Waiting for Building Permits\CEQA _ Dudek\TASK_Order AMD_1 and 2\TASK Order Change\Dudek-TO Lakes-T1A2 v2 ATTACHMENT #1
Item No.7D
TO: Andrew P. Powers, City Manager
FROM: Jaime Boscarino, Finance Director
DATE: June 14, 2022
SUBJECT: Civic Arts Plaza Sewer Lift Station Maintenance RECOMMENDATION:

1. Award contract for general services to Ventura Regional Sanitation District (VRSD), for sewer lift station maintenance and repair services at the Civic Arts Plaza (CAP) effective July 1, 2022, and ending June 30, 2027, unless extended in writing by mutual agreement. The not-to-exceed amount is $150,000 over the lifetime of the contract, which includes $94,500 for estimated base contract services and $55,500 for extra services.

2. Authorize expenditure in the total amount of $17,110 for FY 2022-23 from the following General Fund accounts: $6,844 from A/C #001-3570-612-5621, $9,410 from A/C #001-3577-677-5621, and $856 from A/C #001-3580-612-5621.

FINANCIAL IMPACT:

No Additional Funding Requested. The funds for the contract term are included in the Adopted FY 2022-23 General Fund Budget and will also be requested during the next biennial budget process.

BACKGROUND:

CAP infrastructure includes a sewer lift station located on-site in front of City Hall.

This lift station serves the entire sewer system at CAP. Since 1994, when CAP construction was completed, VRSD has serviced and maintained the lift station for a minimal monthly cost. VRSD has the staffing, equipment, and expertise to provide both emergency and on-going preventative maintenance services. These services pro-actively avoid failures of the equipment, which could lead to a sewage spill, a variety of negative environmental impacts and violation fees.

In November 2021, VRSD contacted City staff to discuss the potential of ceasing services due to the loss of a major client. VRSD would be required to increase rates to continue providing services, while maintaining their fiscal viability. VRSD inquired if the City would be interested in continuing the use of their services with Item No.7E
Civic Arts Plaza Sewer Lift Station Maintenance
June 14, 2022

Page 2 ends

increased rates. Public Works and Facilities staff both recommend continuing to utilize VRSD for this work considering no other vendor has their unique capabilities to provide regular preventative maintenance and 24/7 emergency service as well as access to specialized equipment and trained technicians. City staff responded to VRSD to express interest in entering into a new agreement for services at the new proposed rates.

DISCUSSION/ANALYSIS:

After receiving positive feedback from various clients/agencies, VRSD’s Board approved a revised rate structure for the lift station maintenance program to continue. The agreement includes maintenance inspections twice monthly, as well as extra services when needed for repairs or emergency services. VRSD has the authority, pursuant to Health & Safety Code Section 4700 et. seq. and Public Contract Code 20782, to provide these services. Approval of this agreement ensures the proper operation of this essential equipment at CAP and proper maintenance to avoid equipment failure.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal(s):

PREPARED BY: Elizabeth Perez, Facilities Manager
Attachments:

Attachment #1 – Agreement with VRSD
Attachment #2 – VRSD Hourly Rates
FIN:201-10\cp\H:\COMMON\Council\2022\Facilities\061422 CAP Sewer Lift Station Maint Staff Report.docx Item No.7E

VENTURA REGIONAL SANITATION DISTRICT
CONTRACT NO. 22-004

AGREEMENT FOR

WASTEWATER FACILITIES MAINTENANCE BY AND

BETWEEN

THE CITY OF THOUSAND OAKS
AND

VENTURA REGIONAL SANITATION DISTRICT
THIS AGREEMENT is made and entered into this 14th day of June 2022 by and between THE CITY OF THOUSAND OAKS, hereinafter (“CLIENT”), and the VENTURA REGIONAL SANITATION DISTRICT, a public agency formed pursuant to California Health & Safety Code §4700 et seq. (“VRSD”). Together, CLIENT and VRSD shall be referred to herein as Parties.

R E C I T A L S
A. CLIENT is the owner and operator of the Thousand Oaks, Civic Arts Plaza sewer lift station, which is referred to collectively herein as "FACILITIES” and located in the Ventura County Area: and B. CLIENT desires to enter into an agreement with VRSD for regular and emergency maintenance services for its Wastewater Facilities, as well as other related services, hereinafter collectively referred to as "Services", in order to achieve operational economies and efficiencies; and C. VRSD has the authority, pursuant to Health & Safety Code Section 4700 et seq. and Public Contract Code §20782, and capability to provide the requested Services to the CLIENT and is willing to perform such services for the CLIENT.

NOW, THEREFORE, based upon the recitals above and valuable consideration, the mutual covenants, and promises set forth below, the Parties do hereby agree to abide by the following terms and conditions:

ARTICLE 1: RETENTION OF VRSD

1.1 VRSD agrees to provide services to CLIENT on the conditions set forth in this Agreement. CLIENT's Facilities Division of client’s Finance Department shall administer this Agreement for CLIENT. It is expressly understood that the relationship between CLIENT and VRSD is that of an independent contractor and VRSD is not, and shall not be deemed, an employee of CLIENT.

1.2 VRSD shall assign a Staff Coordinator satisfactory to CLIENT to work directly with CLIENT in connection with VRSD's services to be performed under this Agreement. Such assignment shall be made by written notice to CLIENT.

1.3 VRSD accepts the relationship of trust and confidence established between VRSD and CLIENT by this Agreement. VRSD agrees to furnish efficient business administration, personnel services, and superintendence and to use its best efforts to perform the work in the most expeditious and economical manner consistent with the public interest and applicable federal, state, and local regulations. VRSD shall provide the Services described in Article 2:

Scope of Services within the limitations of an annual written Proposed Customer Budget total approved by both Parties prior to the beginning of each fiscal year, July 1st.

1.4 The Parties acknowledge that CLIENT retains exclusive authority and budgetary discretion relating to the funding of CLIENT's operation and maintenance, including provision for acquiring, repairing, maintaining, and replacing CLIENT's existing equipment, structures and facilities and installation of new equipment, structures, and facilities.

ATTACHMENT #1
Item No.7E
Contract No.22-004 Page 2

1.5 The parties acknowledge that CLIENT intends to maintain funding and service requirements throughout the term of this Agreement at similar levels for operational service encompassed in the first year of this Agreement.

ARTICLE 2: SCOPE OF SERVICES
See Exhibit A, attached.

ARTICLE 3: AGREEMENT EFFECTIVE DATE AND TERMINATION

3.1 Effective Date
This Agreement shall commence on July 1, 2022, and shall terminate on June 30, 2027, unless extended in writing by mutual agreement of the Parties or terminated as hereinafter provided.

3.2 Termination without Cause
At any time, CLIENT or VRSD may terminate this contract for any reason by providing the other with a 120-day NOTICE in accordance with Article 13.

3.3 Termination for Default
(a) This agreement may be terminated by CLIENT upon the following terms and conditions:

CLIENT may terminate this agreement in the event of a material default by VRSD in any of VRSD’s obligations hereunder. For purposes of this Agreement, a material default shall be defined as VRSD’s failure to perform any of the obligations contained in Article 2 herein. Such termination by CLIENT shall be effective 60 days after VRSD’s receipt of written notice from CLIENT specifying the default. Termination of this Agreement because of a material default of VRSD shall not relieve VRSD from liability for such default. In case of termination of this Agreement by CLIENT for material default of VRSD, VRSD shall be entitled to amounts actually earned as of the effective date of the default.
(b) This agreement may be terminated by VRSD upon the following terms and conditions:

VRSD may terminate this agreement in the event of a material default by CLIENT in any of CLIENT’s obligations hereunder. For purposes of this Agreement, a material default shall be defined as CLIENT’s failure to perform any of the obligations contained in ARTICLE 5. Such termination by VRSD shall be effective 60 days after CLIENT’s receipt of written notice from VRSD specifying the default. Termination of this Agreement because of a material default of CLIENT shall not relieve CLIENT from liability for such default. In case of termination of this Agreement by VRSD for material default of CLIENT, VRSD shall be entitled to amounts actually earned as of the effective date of the default.

ARTICLE 4: OPERATIONAL COSTS AND COMPENSATION FOR SERVICES

4.1 Operational Costs
CLIENT shall pay to VRSD the entire cost to VRSD of performing the Services which is estimated at $17,110 for FY22-23. The total compensation due for the life of the Agreement shall not exceed $150,000 (“not to exceed amount”). CLIENT shall be billed only for costs incurred. CLIENT shall not be billed for costs exceeding total written authorization and VRSD shall not be obligated to perform work in excess of written authorization from CLIENT. For this Agreement, the entire cost to CLIENT shall include:
(a) For personnel services (for FY 2022-2023), the VRSD billing rate associated with the classification of each individual performing services, as shown in Exhibit “B” Hourly Rates, attached, and incorporated herein by reference. The Hourly Rates will automatically be adjusted in accordance with Article 4.6 each year, thereafter.

Item No.7E
Contract No.22-004 Page 3
(b) For purchase of supplies, equipment, and services, the actual cost of the equipment plus a fifteen percent (15%) markup.
(c) For provision of equipment and machinery (for FY 2022-2023), the actual and complete cost of owning, operating and replacement of said equipment, including but not limited to, depreciation; consumable supplies such as gasoline, electricity, or paper; maintenance; and insurance costs, as shown in Exhibit “B” Equipment & Supply (Consumable) Rates, attached, and incorporated herein by reference. The Equipment & Supply (Consumable) Rates shall automatically be adjusted in accordance with Article 4.6 each year, thereafter.

4.2 Compensation for Services. VRSD shall submit a monthly statement for its services accompanied with a letter of explanation. CLIENT shall reimburse VRSD for expenses within 30 days of the receipt of the statement.

4.3 Existing Fixed Assets. All existing CLIENT fixed assets, rolling stock, inventory, and supplies of and accessory to the CLIENT FACILITIES are and will remain the property of CLIENT. VRSD is acting solely as an agent on behalf of CLIENT in its acquisition, use, and disposition of such items. VRSD shall not enter into contracts for acquisition or disposal of CLIENT fixed assets without prior approval of CLIENT.

4.4 Records. VRSD shall maintain all accounting in conformance with generally accepted accounting principles and all applicable laws and regulations.

4.5 Examination of Records. VRSD agrees that CLIENT shall have, during normal business hours, access to and the right to examine any directly pertinent books, documents, papers, and records of VRSD and of all the transactions relating to this agreement.

4.6 Rates shown in Exhibit B shall be adjusted annually for inflation, in line with VRSD’s fiscal year (July through June), in accordance with the U.S. Bureau of Labor Statistics’ Consumer Price Index (CPI). The minimum and maximum allowable increase per year will be zero (0%) and five percent (5%), respectively. CPI shall be defined as the index for All Urban Consumers for the Los Angeles-Long Beach-Anaheim, CA area, not seasonally adjusted, all items index, annual average. Either CLIENT or VRSD may request an extraordinary rate adjustment if circumstances warrant, but no modification, alteration or variation of the terms and conditions of this Agreement shall be made or become valid unless the extraordinary rate adjustment is in writing and mutually agreed to by the Parties.

ARTICLE 5: CLIENT'S RESPONSIBILITY

5.1 CLIENT shall provide VRSD, without charge, any information available to CLIENT that is required in connection with services that are required of VRSD.

5.2 CLIENT does not assume and shall not be liable for the direct payment of any salary, wages, or other compensation to any VRSD personnel performing services hereunder or any liability other than that provided for in this agreement.

5.3 Except as herein otherwise specified, CLIENT shall not be liable for compensation for indemnity to any VRSD employee for injury or sickness arising out of his or her employment.

ARTICLE 6: INSURANCE

6.1 VRSD, at its sole discretion, shall determine the method to be used in the management of its risk. VRSD shall have the right to self-insure or provide certificates of insurance to CLIENT in amounts not less than those specified below:
(a) Worker's Compensation and Employer's Liability in accordance with applicable laws.

Item No.7E
Contract No.22-004 Page 4
(b) General & Automobile Liability with combined single limit of $4,000,000 for bodily injury, death, or property damage.

6.2 VRSD may retain risks of accidental loss that occur with predictable frequency and will not have serious adverse effect on VRSD's fiscal position. VRSD may transfer risk to professional risk bearers through the purchase of insurance. When insurance is purchased, Certificates of Insurance evidencing coverage shall be provided by VRSD prior to commencement of work under this agreement. These certificates shall name CLIENT, its elected officials, officers, agents, employees, and volunteers are to be covered as Additional Insured and contain a provision that coverage afforded under the policies will not be canceled until at least 30 days' prior written notice has been given to CLIENT. When VRSD chooses to self-insure, they shall provide the City with evidence of self-insurance effective throughout the term of this agreement.

6.3 VRSD shall not be responsible for damage or loss by any peril to FACILITIES and equipment owned by CLIENT other than as provided in Article 7.1.

ARTICLE 7: HOLD HARMLESS

7.1 Notwithstanding anything in this Agreement to the contrary, VRSD shall indemnify, and hold CLIENT, its elected officials, officers, agents, employees and volunteers are to be free and harmless from any fines levied by the RWQCB and all claims, demands, liabilities, loss or injury to, or death of, any person, including, but not limited to, employees of CLIENT and damage to or destruction of property including, but not limited to, property of CLIENT; provided said fines, claims, demands, liability or loss arise out of the performance by VRSD of the services required hereunder and are caused by a negligent act or failure to act of VRSD.

7.2 Notwithstanding anything in this Agreement to the contrary, CLIENT shall indemnify, and hold VRSD free and harmless from any fines levied by the RWQCB and all claims, demands, liabilities, loss or injury to, or death of, any person, including, but not limited to, employees of VRSD and damage to or destruction of property including, but not limited to, property of VRSD; provided said fines, claims, demands, liability or loss are caused by CLIENT’s negligent act or failure to act upon a duty as delegated herein.. In this regard, CLIENT acknowledges the provisions of Article 1.4 and agrees to indemnify, and hold VRSD harmless from fines, claims, demands, liability, or loss arising from CLIENT's failure to take action, or make budgetary provision, for the replacement of existing equipment, structures or FACILITIES, or the acquisition of new equipment, structures or FACILITIES.

ARTICLE 8: MODIFICATION & TERMS
No modification, alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties. No oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto.

ARTICLE 9: ASSIGNMENT
Neither party shall assign or transfer its interest in this agreement without the written consent, of the other, which written consent shall not be withheld except for good and reasonable cause.

ARTICLE 10: ARTICLE HEADINGS
Article headings in this agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants, and conditions of this agreement.

ARTICLE 11: PARTIAL INVALIDITY
If any term, covenant, condition, or provision of this contract is found by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated thereby.

Item No.7E
Contract No.22-004 Page 5
ARTICLE 12: ATTORNEY FEES
In the event that either party shall commence any legal action or proceeding, including an action for declaratory relief, against the other by reason of the alleged failure of the other to perform or keep any term, covenant or condition of this contract, or to interpret any term, covenant or condition, the party prevailing in said action or proceeding shall be entitled to recover, in addition to its court costs, reasonable out-of-pocket expenses (including, but not limited to phone calls, photocopying, expert witnesses, travel, etc.) and reasonable attorney fees to be fixed by the court, and such recovery shall include court costs and attorney fees on appeal, if any. The court will determine the "prevailing party," whether or not the suit proceeds to final judgment.

ARTICLE 13: NOTICES
All notices or other official correspondence relating to contractual matters between the parties hereto shall be made by depositing same first-class, postage paid mail addressed as follows:

To CLIENT: Finance Director

CITY OF THOUSAND OAKS
2100 E. Thousand Oaks Blvd.

Thousand Oaks, CA 91362
To VRSD: Chris, Theisen, General Manager

VENTURA REGIONAL SANITATION DISTRICT
4105 W. Gonzalez Road
Oxnard, CA 93036-2748
or to such other address as either party may designate hereinafter in writing delivered to the other party. All notices shall be deemed to have been received 3 days after mailing.

ARTICLE 14: NO WAIVER
No failure or delay by either party in asserting any of its rights and remedies as to any default of the other party shall operate as a waiver of the default, of any subsequent or other default, or any of either party’s rights or remedies. No such delay shall deprive VRSD of its right to institute and maintain any action or proceeding which may be necessary to protect, assert or enforce any rights or remedies arising out of this Agreement or the performance of this Agreement.

ARTICLE 15: CALIFORNIA LAW
This Agreement shall be interpreted and construed pursuant to the laws of the State of California. The parties agree that should litigation arising from this Agreement be commenced within California, such litigation shall occur within a court of competent jurisdiction within the County of Ventura.

ARTICLE 16: FORCE MAJEURE
Neither VRSD nor CLIENT shall be liable or deemed to be in default for any delay or failure in performance under this Agreement due to interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, or any similar cause beyond the reasonable control of VRSD or CLIENT.

ARTICLE 17: DISPUTE RESOLUTION
If VRSD and CLIENT have a dispute concerning the payment of sums pursuant to their Contract, the Parties Item No.7E
Contract No.22-004 Page 6
agree to be governed by Public Contracts Code Section 20104, et seq. In the event of such dispute, VRSD shall file a written claim with CLIENT. CLIENT shall respond in writing within forty-five (45) days or, within thirty (30) days request additional documentation and respond within fifteen (15) days after said request.

ARTICLE 18: AUTHORITY TO EXECUTE AGREEMENT
Both VRSD and CLIENT do covenant that each individual executing this Agreement on behalf of each Party is a person duly authorized and empowered to execute Agreements for such Party.

ARTICLE 19: EXECUTION IN COUNTERPARTS
This Agreement may be executed in one or more counterparts which, taken together, shall be deemed one and the same document. The Parties’ signatures to this Agreement transmitted by facsimile or electronic mail transmission shall be deemed binding.
[Signature Page to Follow]
Item No.7E
Contract No.22-004 Page 7
Digital/Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act (UETA) and are produced using a Cityapproved method. The presence of an electronic signature on this document shall be construed as the parties’ consent to do business electronically
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.

VENTURA REGIONAL

SANITATION DISTRICT CITY OF THOUSAND OAKS
By __ By_________________________________

LAURA HERNANDEZ BOB ENGLER
Chairperson, Board of Directors Mayor
APPROVED AS TO FORM: ATTEST:

ARNOLD, LAROCHELLE, MATHEWS,
VANCONAS & ZIRBEL, LLP By_________________________________ CYNTHIA M. RODRIGUEZ
City Clerk
By
ROBERT N. KWONG APPROVED AS TO ADMINISTRATION:

Legal Counsel for VRSD
ATTEST: By_________________________________
ANDREW P. POWERS
City Manager
By____________________________________
JULIET RODRIGUEZ APPROVED AS TO FORM:

Clerk of the Board Office of the City Attorney
By_________________________________

TRACY FRIEDL
Assistant City Attorney

APPROVED BY DEPARTMENT HEAD:

By_________________________________

JAIME BOSCARINO
Finance Director
Item No.7E
Contract No.22-004 Page 8

EXHIBIT A

CITY OF THOUSAND OAKS

SCOPE OF SERVICES
Wastewater Facilities
VRSD shall be responsible for the operation and maintenance of the Thousand Oaks Civic Arts Plaza sewer lift station. VRSD shall check the lift station two times per month, with maintenance crew members visiting the station thereafter. VRSD staff shall follow the below steps when checking/maintaining the lift stations:
a) Check electrical panel integrity
b) Check and clean float switches
c) Turn pumps on/off to check for clogging (remove all clogging if necessary) d) Test audible alarm and float alarms
e) Check conduit and piping to see if it is secure
f) Check lift station lid and panel and make sure it is locked at arrival and departure Other Services:

VRSD shall perform additional services requested in writing by Client, provided the services are reasonably related to the purpose of this agreement and provided additional funds are authorized by Client. Verbal authorization shall be accepted only in the case of emergency and must be followed up within 5 working days with the usual written authorization regarding provision of service and funding at VRSD current rates.

Item No.7E
Div. Pos. Title Hourly OT Hourly OT
CA 110 Human Resources Technician $85 $128 $58 $87
CA 601 Fiscal Assistant $82 $123 $56 $84
CA 605 Senior Fiscal Assistant $82 $123 $56 $84
CA 208 Executive Assistant/Clerk of the Board $107 $161 $74 $111 CA 112 Safety Officer $135 NA $96 NA
CA 607 Accountant $130 NA $79 NA
CA 608 Senior Accountant $130 NA $117 NA
CA 111 Human Resources Manager $146 NA $102 NA
CA 502 Director of Finance $209 NA $153 NA
CA 501 General Manager $234 NA $172 NA

OPERATIONS
Div. Pos. Title Hourly OT Hourly OT
WWW 209 Office Assistant $84 $126 $128 $192
WWW 207 Administrative Assistant $84 $126 $128 $192
WWW 909 W/WW Helper $82 $123 NA NA
WWW 908 W/WW Worker $101 $152 $142 $213
WWW 911 Electrical/Mechanical Worker $110 $165 $154 $231 WWW 916 W/WW Operator in Training $110 $165 $154 $231
WWW 905 W/WW Treatment Operator I $110 $165 $154 $231
WWW 906 W/WW Treatment Operator II $110 $165 $154 $231
WWW 910 W/WW Treatment Operator III $110 $165 $154 $231 WWW 913 W/WW Treatment Operator IV $110 $165 $154 $231
WWW 914 W/WW Treatment Operator V $110 $165 $154 $231
WWW 450 Environmental Resource Analyst $127 $191 $191 $287 WWW 901 Instrumentation Technician $128 $192 $164 $246
WWW 915 Electrical & Instrumentation Control Supervisor $128 NA NA NA WWW 720 W/WW Operations Supervisor $139 NA $161 NA
WWW 723 W/WW Operations Superintendent $156 NA NA NA
WWW 950 Operations Manager $156 NA NA NA
SW 820 Solid Waste Equipment Operator $110 $165 $154 $231 SW 314 Engineering Technician $128 $192 $164 $246
SW 320 Engineer $139 NA $161 NA
SW 315 Senior Engineer $139 NA $161 NA
SW 319 Senior Engineering Technician $139 $209 $164 $246 SW 506 Director of Operations $166 NA $138 NA
• EMERGENCY CALL OUTS ARE PER PERSON, PORTAL TO PORTAL (3 HOUR MINIMUM). • OBSERVED VRSD HOLIDAYS WILL BE CHARGED AT DOUBLE TIME (3 HOUR MINIMUM). • OVERHEAD RATES APPLIED, AS FOLLOWS:

All Other Services, Materials and Supplies 15%

CENTRAL ADMINISTRATION

EXHIBIT B

VENTURA REGIONAL SANITATION DISTRICT
PROPOSED HOURLY RATES-REVISED 12/09/21
JULY 1, 2022 THROUGH JUNE 30, 2023
FY 2022 FY 2023
ATTACHMENT #2
Item No.7E
EQUIPMENT Mile Use Hour Day Week Month
Air Compressor $154.50
Airless Sprayer Epic 660E $54
Bulldog Nozzle $39
Chlorine Residuals, Field Tests $6
Coatings & Linings - Hand Tools $31
Coatings & Linings - Power Tools
(includes Hand Tools rate) $77.25
Compressor, Air $154.50
Computer, Laptop $77.25
Concrete Mixer $77.25
Confined Space Tripod/Harness System w/air blower $77.25 Debris Catcher $39
Digital Manometer $1.55
Epoxy Injection Machine $479
Fleet Vehicle Use (mileage) $1.55
Fuel Filtering System $85
Gas Analyzer (GEM) $352
Gas Scope (meter) $31
Generator - 2kw $39
Generator - 5kw $39
Generator - 70kw $154.50
Grunfos Control Box $23
Laptop computer $77.25
Laser Alignment Equipment $116
Lateral Camera (use = each lateral) $154.50
Load Bank $70
Locator (or metal detector) $39
Manhole Rehab Equipment = $100.40/vertical foot $100.40/vft Metal Detector (Locator) $39
Meter - Electrical Conductivity $8
Meter - QED Flow Cell Meter $31
Mule (ATV) $433
Oil System $62
Peristolic Pump $31
pH, Field Tests $8
Polymixer $201
Portable Hydrorodder $579
Portable Welder $31
Pressure Washer $8 $62
Pressure Washer - High Pressure/Hot Water $85
CHARGE

VENTURA REGIONAL SANITATION DISTRICT

EQUIPMENT & SUPPLY (CONSUMABLE) RATES-PROPOSED
JULY 1, 2022 THROUGH JUNE 30, 2023

EXHIBIT B
Item No.7E
EQUIPMENT Mile Use Hour Day Week Month
Pulse Air System $85
Pump - 3" Pump $62
Pump - 4" Godwin $154.50 $865 $3,476
Pump - 4" Trailer-Mounted Pump $93 $519 $2,086
Pump - Dewatering Pump (Potable) $77.25 $232 $618
Pump - Diaphragm Pump $154.50 $865 $3,476
Pump - King Pump $154.50 $865 $3,476
Pump - Trash Pump, 6" $154.50 $865 $3,476
Pumper Trailer $77.25
Push Camera $116
Root Saw or Chain Scraper $39
Sampler - Automatic (ISCO) $46
Sandblaster $70
Spec. Small Tools & Equip
(includes Gas Tech, Fluke meter, etc) $46-$201
Sprayer, Airless and Manhole $155
Sprayer, Extreme Airless $386
Test Bench, Water (Ford) $386
Traffic Control Items (cones/signs) $46
Vactor with Chase Truck (for traffic control) * $116 $892 Vactor without Chase Truck * $96 $850
Vacuum Truck * $487
Vehicle - MULE (all terrain vehicle) $433
Vehicle - Standby Truck w/crane, pump, & tank $39
Vehicle or Forklift $39
Vehicle #2148 (Assigned to TWSD) $839
Vehicle #2149 (Assigned to TWSD) $1,597
Vehicle #2131 (Assigned to TWSD) $639
Video Inspection Vehicle (TV Van) * $487
Water line depth sounder $3
Water Trailer (250 Tank) $93
Well Control Box (pump controller-QED) $15
* Hourly/Daily rate does not include fuel surcharge.

SUPPLY (CONSUMABLE) Mile Use Hour Day Week Month
Bailers & Disposable supplies (filters) $23
Consumables $5
Float Switch $82
Float Weight $15
JULY 1, 2022 THROUGH JUNE 30, 2023
CHARGE
CHARGE

VENTURA REGIONAL SANITATION DISTRICT
EQUIPMENT & SUPPLY (CONSUMABLE) RATES (continued)

EXHIBIT B
Item No.7E
TO: City Council
FROM: Andrew P. Powers, City Manager
DATE: June 14, 2022
SUBJECT: FY 2022-23 Top Ten Priorities
RECOMMENDATION:

Approve City Council Top Ten Priorities for FY 2022-23.

FINANCIAL IMPACT:

No Additional Funding Requested. Costs for staff time associated with preparing, reviewing, and approving these policy statements are included in the Adopted FY 2021-22 General Fund Budget.

BACKGROUND:

At the May 17, 2022, Citywide Top Priorities and Goal Setting Study Session, City Council received an organizational update and status on Citywide initiatives and the City Council’s top goals. Following the update, City Council discussed the establishment of the Top Ten Priorities for FY 2022-23.

DISCUSSION/ANALYSIS:

City Council establishes Citywide Top Priorities annually for the upcoming fiscal year. These priorities clearly articulate City Council’s objectives and are used to promote accountability.

At the May 17, 2022, Study Session, City Council discussed and reviewed ten proposed priorities and action items based on rankings submitted by each Councilmember. City Council provided direction on establishing final priorities.

Staff recommends approval of the Proposed FY 2022-23 Top Ten Priorities as follows (Attachment #1):

1. Homelessness – Secure Homekey funding and construct 77 units of permanent Item No.7F
FY 2022-23 Top Ten Priorities
June 14, 2022

Page 2 ends

supportive housing at the Quality Inn & Suites. Continue to work with Many Mansions to identify site for additional homeless housing. Explore other partnerships to support homeless services.

2. Water Conservation – Collaborate with other purveyors and community to significantly reduce outdoor water-use. Make modifications to City-owned parcels with turf. Collaborate on regional solutions that reduce future reliance on imported water and that capitalize on localized water supplies, including expediting the Las Virgenes "Pure Water" project.

3. Comprehensive General Plan Update – Circulate draft General Plan along with environmental document and complete all elements with stakeholder engagement.

4. Affordable Housing – Select Hillcrest site development partner and negotiate contractual agreement. Consider changes to inclusionary housing and in-lieu ordinance. Explore other potential affordable housing sites.

5. Public Safety – Seek to address current crime trends by leveraging advanced technology, equipment, and tools and include more directed public outreach initiatives. Support fire resiliency by strengthening efforts to promote home hardening through partnership with “Firesafe Council” and continue collaborative work between City, Fire Protection District, Conejo Open Space Conservation Agency, and residents on modern wildfire preparedness. Collaborate with Ventura County supervisors and County Fire Department to fund/provide a study of brush clearance recommendations and other brush fire reduction methods based on current research methodologies and techniques.

6. Environmental Sustainability – Complete Climate Action Plan. Consider new policies via General Plan. Make strategic sustainability investments including clean energy, battery energy storage, electric vehicle infrastructure and support for food waste reduction and a local food recovery program.

7. Residential Pre-Screens – Complete processing of remaining residential prescreens by March 2023 and work to address new Regional Housing Needs Assessment Obligations.

8. Development – Facilitate continued investment in the Thousand Oaks biotech cluster, process 20+ acre Alexandria campus development at 1100 Rancho Conejo Boulevard.

9. Public Works/CDD and Infrastructure Investments – Complete 50+ miles of paving investment. Launch comprehensive land management system. Address long-term staffing needs in CDD.

Item No.7F
FY 2022-23 Top Ten Priorities
June 14, 2022

Page 3 ends

10. Campus Master Plan – Engage community and revise concepts. Create realistic phasing opportunities.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

B. Provide municipal government leadership which is open and responsive to residents, and is characterized by ethical behavior, stability, promoting public trust, transparency, confidence in the future, and cooperative interaction among civic leaders, residents, business representatives, and staff, while recognizing and respecting legitimate differences of opinion on critical issues facing the City.

PREPARED BY: Melissa Hurtado, Assistant to the City Manager Attachments:

Attachment #1 – Draft FY 2022-23 Top Ten Priorities
CMO:120-40\mh\H:\COMMON\City Council\Council Items\2022 Staff Reports\061422\061422 FY 2022-23 Top Priorities Staff Report .docx
Item No.7F
ATTACHMENT #1
CMO:120-40\mh\C:\home\site\wwwroot\temp\Attachment 1 Draft FY 2022 2023 Priorities .pdf Draft FY 2022-23 City Council Priorities

1. Homelessness – Secure Homekey funding and construct 77 units of permanent supportive housing at the Quality Inn & Suites. Continue to work with Many Mansions to identify site for additional homeless housing. Explore other partnerships to support homeless services.

3. Comprehensive General Plan Update – Circulate draft General Plan along with environmental document and complete all elements with stakeholder engagement.

7. Residential Pre-Screens – Complete processing of remaining residential prescreens by March 2023 and work to address new Regional Housing Needs Assessment Obligations.

8. Development – Facilitate continued investment in the Thousand Oaks biotech cluster, process 20+ acre Alexandria campus development at 1100 Rancho Conejo Boulevard.

9. Public Works/CDD and Infrastructure Investments – Complete 50+ miles of paving investment. Launch comprehensive land management system. Address longterm staffing needs in CDD.

10. Campus Master Plan – Engage community and revise concepts. Create realistic phasing opportunities.

Item No.7F
TO: Andrew P. Powers, City Manager
FROM: Kelvin Parker, Community Development Director
DATE: June 14, 2022
SUBJECT: Building and Planning Professional Services Agreement RECOMMENDATION:

1. Approve the fourth amendment to Agreement No. 12267-2019 for professional Building and Planning consulting services with CSG Consultants, Inc. (CSG), effective through June 30, 2023, to add $225,000 with a revised not-to-exceed amount of $725,000 over the lifetime of the agreement.

2. Approve budget appropriation and additional expenditure in the amount not-toexceed $50,000 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-6110-642-5010 (Community Development, Building, Temporary Help/ Temporary Agency Services) for FY 2021-22.

3. Authorize additional expenditure in an amount not-to-exceed $150,000 from A/C #001-6110-642-5010 (Community Development, Building, Temporary Help/ Temporary Agency Services) for FY 2022-23.

4. Approve budget appropriation for FY 2022-23 and authorize expenditure in the amount not-to-exceed $25,000 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-4210-641-5010 (Community Development, Planning, Temporary Help/ Temporary Agency Services).

FINANCIAL IMPACT:
$50,000 Increase to Adopted FY 2021-22 General Fund Budget and $25,000 Increase to Adopted FY 2022-23 General Fund Budget. $50,000 Budget Increase to Adopted FY 2021-22 General Fund Budget and $25,000 Budget Increase to Adopted FY 2022-23 General Fund Budget for Building, Plan-Check, Inspection and Planning Consulting Services is requested. Other costs are limited to staff time to prepare and process the agreement and reports are included in the Adopted FY 2021-22 General Fund Budget.

Item No.7G
Building and Planning Professional Services Agreement
June 14, 2022

Page 2 ends

BACKGROUND:

In December 2019, the City entered into a contract with CSG for $75,000 (Attachment #1) to provide temporary Building Official and mechanical/plumbing plan-checking services until the vacant Building Official and Senior Combination Building Inspector positions were permanently filled. These recruitment efforts were temporarily halted due to the COVID-19 health emergency.

On May 12, 2020, City Council approved a first amendment to Contract No. 12267- 2019 with CSG for professional building-related services for a total revised not-toexceed amount of $350,000 and extended the termination date to June 30, 2021.

On February 26, 2021, a second amendment to the contract was approved, extending the term two years until June 30, 2023. On October 12, 2021, due to an increase in complex planning applications, City staff amended the contract (Amendment No. 3) to add an additional $150,000 for planning consulting services.

Recruitment for the Building Official was completed in January 2022, and the new Building Official started his employment on February 7, 2022. The recruitment for the Senior Combination Building Inspector (which includes mechanical and plumbing plan check) position is still in progress. Additionally, there is an influx of both planning and building applications that current staff will not be able to process timely without assistance from consultants.

An additional $200,000 is needed to fund the Consultant’s building plan-check and inspection services and an additional $25,000 is needed to fund the Consultant’s planning consulting services until the agreement’s expiration on June 30, 2023.

The total amount of the agreement will not exceed $725,000.

DISCUSSION/ANALYSIS:

CSG has provided the City with staff augmentation of a part-time Building Official, and plan review services for various projects during the previous and current fiscal years. Work provided by CSG has been necessary and the hiring of an additional consultant (CSG is currently one of two consultants under contract), would be inefficient for the timely completion of projects. CSG is completing the plan checks unable to be performed by City staff.

As previously mentioned, City Council approved a first amendment to the CSG Agreement in May 2020 increasing the total revised not-to-exceed amount to $350,000. On February 26, 2021, a second amendment to the contract was approved extending the term two years until June 30, 2023. City Council approved the addition of planning consulting services to the CSG Agreement on October 12, 2021, due to an increase in the amount of complicated planning entitlement Item No.7G
Building and Planning Professional Services Agreement
June 14, 2022

Page 3 ends

applications that required substantial study and deliberation. City Council authorized an extra $150,000 for planning consulting services. As a result, the total not-to-exceed amount under the Agreement was increased to $500,000.

With this current Amendment to the Agreement for professional services for the Building and Planning Divisions (Attachment #2), an additional $225,000 to the contract for a new not-to-exceed amount of $725,000 is requested. For the additional $225,000, $200,000 is requested for building services ($150,000 is included in the Adopted FY 2022-23 General Fund Budget) and $25,000 is for planning services.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

D. Maintain strong commitment to public safety (including Police, Fire, Emergency Medical Services, and Emergency Management) to ensure City remains one of the safest Cities in the United States with a population over 100,000.

PREPARED BY: Cathy Jansen, Community Development Analyst Marjan Behzadi, CDD Operations Manager
Attachments:

Attachment #1 – Agreement and Prior Amendments with CSG Attachment #2 – Fourth Amendment to Agreement with CSG
CDD:450-10/H:\COMMON\Administration & Special Projects\Contracts-POs-Task Orders\CSG Consultants\FY 22- 23\CSG Staff Report 6-14-22
Item No.7G
DocuSign Envelope ID: 955ECE40- 206C- 4C57- AF53- EDA249831A4F Project Name: Professional Services
for Building Division

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AN D
CSG CONSULTANTS, INC.

THIS AGREEMENT is made and entered into this 20th day of December 2019, by and between CITY OF THOUSAND OAKS, a municipal corporation (" City"), and CSG Consultants, Inc. (" Consultant").

City and Consultant agree as follows:

1. RETENTION OF CONSULTANT
City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the services described in Section 2. Consultant warrants it has the qualifications, experience, and facilities to properly and timely perform said services.

2. DESCRIPTION OF SERVICES
The services to be performed by Consultant are as follows:

Professional services in conjunction with providing consultant services to City staff from registered engineers, ICC or CALBO certified building officials, plan examiners, inspectors, and permit technicians, which are more particularly set forth in the Scope of Work, attached as Exhibit" A," which is incorporated herein by reference. Consultant shall provide professionals to assist and evaluate new construction products, conduct building inspections, work with contractors and engineers on unusual problems involving building related matters, and provide highly responsible and complex administrative support to the Director/Deputy Director Community Development.

3. COMPENSATION AND PAYMENT
a) Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of$ 75, 000 ( 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, attached as Exhibit " B" and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon Consultant for the term of this Agreement provided the not to exceed amount is the total compensation due Consultant for all work described under this Agreement.

H:\ COMMOMAdministration& Special Projects\ Contracts- POs- Task Orders\ CSG Consultants\ CSG Contract. docx Page II
Contract No. 12267-2019
ATTACHMENT #1
Item No.7G
DocuSign Envelope ID: 955ECE40- 206C- 4C57-AF53- EDA249831A4F b) Payment. Consultant shall provide City with written verification of the actual compensation earned, in a form satisfactory to City's Project Manager. Invoices shall be made no more frequently than on a monthly basis, and describe the work performed including, if applicable, a list of hours worked by personnel classification). All payments shall be made within 30 days after City's approval of the invoice. c) Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Section 2 may be agreed upon only by execution of a written Amendment to this Agreement. No liability or right to compensation for extra services shall exist without such Amendment. Unless otherwise stated in the Amendment, applicable rates for extra services shall be at the rates set forth in Exhibit" B."

4. CITY PROJECT MANAGER
The services to be performed by Consultant shall be accomplished under the general direction of, and coordinate with, City's " Project Manager", as that staff person is designated by City from time to time, and who presently is Kelvin Parker.

5. TERM. PROGRESS AND COMPLETION
The term of this Agreement is from the date first written above to December 31, 2020, unless term of this Agreement is extended, or the Agreement is terminated as provided for herein.

Consultant shall not commence work on the services to be performed under the Agreement until ( i) Consultant furnishes proof of insurance as required by paragraph 9 below, and ( ii) City' s Project Manager gives written authorization to proceed with the work.

All services shall be completed within the term of this Agreement.

City shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when requested by City. City agrees to hold Consultant harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans, specifications, graphics, brochures, reports, and other documentation for purposes other than those described in this Agreement, unless written authorization of Consultant is first obtained.

7. PERSONAL SERVICES/ NO ASSIGNMENT/SUBCONTRACTS
This Agreement is for professional services, which are personal to City. Bill Latz, CBO is deemed to be especially experienced and is a key member of Consultant' s firm, and shall be directly involved in performing, supervising or assisting in the performance H:\ COMMOMAdministration& Special Projects\ Contracts- POs-Task Orders\ CSG Consultants\ CSG Contract. docx

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Contract No. 12267- 2019
Item No.7G
DocuSign Envelope ID: 955ECE40- 206C- 4C57- AF53- EDA249831A4F of this work. This key person shall communicate with, and periodically report to, City on the progress of the work. Should said individual be removed from assisting in this contracted work for any reason, City may terminate this Agreement.

This Agreement is not assignable by Consultant without City's prior written consent.

No part of the work described in this Agreement may be subcontracted out to other parties.

8. HOLD HARMLESS AND INDEMNITY
a) Hold Harmless for Consultant' s Damages. Consultant holds City, its elected officials, officers, agents, employees and volunteers, harmless from all of Consultant's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Consultant, to Consultant' s employees, to Consultant' s contractors or subcontractors, or to the owners of Consultant' s firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or performance of any activity or work required under this Agreement.
b) Defense and Indemnity of Third- Party Claims/ Liability. Consultant shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, agents, employees and volunteers from and against all liability including, but not limited to, loss, damage, expense, cost ( including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant' s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Consultant, or should City otherwise find Consultant' s legal counsel unacceptable, then Consultant shall reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay City any final judgment rendered against City ( and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of Consultant's negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Consultant' s obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.

However, without affecting the rights of City under any provision of this Agreement, Consultant shall not be required to indemnify and hold harmless City for liability H:\ COMMOMAdministration& Special Projects\ Contracts- P0s-Task Orders\ CSG Consultants\ CSG Contract. docx

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Contract No. 12267-2019
Item No.7G
DocuSign Envelope ID: 955ECE40-206C-4C57-AF53-EDA249831A4F attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of the Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City.

Consultant' s obligations under this provision specifically include a duty to indemnify, defend and hold the CITY harmless from any liability, enforcement action, administrative provision, penalty, fine or other damage arising from any allegation that Consultant failed to provide all required benefits and protections to its employees, or from any allegation the persons assigned by Consultant to provide services hereunder are, in fact, employees of City.
c) Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 9.

9. MINIMUM SCOPE AND LIMIT OF INSURANCE
Without limiting Consultant' s indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, and any extension thereof, policies of insurance of the type and amounts described below and in a form that is satisfactory to City.

Coverage shall be at least as broad as:
a). Commercial General Liability ( CGL): Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry General Liability insurance coverage at least as broad as Insurance Services form CG 00 01 in an amount not less than $ 2,000,000 per occurrence, 4,000,000 general aggregate for bodily injury, personal and advertising injury and property damage, including without limitation, blanket contractual liability. b). Automobile Liability: Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry Automobile Liability insurance coverage at least as broad as Insurance Services form CA 00 01 or the exact equivalent covering bodily injury and property damage for all activities of Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage of any owned, hired, non- owned, or rented vehicles, in an amount not less than $ 1, 000, 000 combined single limit for each accident. c). Worker' s Compensation: Consultant shall, at Consultant' s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry workers' compensation statutory benefits as required by law with employer's liability limits H:\ COMMOMAdministration& Special Projects\ Contracts- POs- Task Orders\ CSG Consultants\ CSG Contract. docx

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Contract No. 12267- 2019
Item No.7G
DocuSign Envelope ID: 955ECE40- 206C- 4C57- AF53- EDA249831A4F no less than $ 1, 000,000 per accident for bodily injury or disease. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected officials, officers, agents, employees and volunteers for all work performed by Consultant, its employees, agents and subcontractors. d). Professional Errors and Omissions Insurance: Consultant shall, at Consultant' s sole cost and expense throughout the term of this Agreement, and any extensions thereof, carry professional errors and omissions coverage of no less than 1, 000, 000 per occurrence or claim, $ 2, 000, 000 aggregate, with tail coverage for an extended reporting period of three ( 3) years.

If Consultant maintains higher limits than the minimum shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
City, its elected officials, officers, agents, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Consultant' s insurance ( at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 10 01 and CG 20 37 10 01 if a later edition is used). The provision shall also apply to any excess liability policies. In addition, Consultant shall ensure that the automobile liability policy contains a provision covering City as an additional insured, and shall obtain an endorsement to that effect if it does not.

Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Umbrella or excess policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be " pay on behalf" with defense costs payable in addition to policy limits. There shall be no cross- liability exclusion of claims or suits by one insured against the other. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and no- contributory basis for the benefit of City as required in written contract or agreement before City's own insurance or self-insurance shall be called upon to protect it as a named insured.

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Contract No. 12267-2019
Item No.7G
DocuSign Envelope ID: 955ECE40-206C-4C57-AF53-EDA249831A4F City's Rights of Enforcement
In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancelled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant' s payments. In the alternative, City may cancel this Agreement.

City's Right to Revise Specifications
City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant' s compensation.

Primary and Non- Contributory Coverage
For any claims related to this Agreement, Consultant' s insurance coverage shall be primary insurance as respects City, its elected officials, officers, agents, employees and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees or volunteers shall be excess of Consultant' s insurance and shall not contribute with it and shall be at least as broad as CG 20 01 04 13.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to City.

Deductibles and Self- Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. City may require Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with a current A. M. Best' s
rating of no less than A:VII, ( unless otherwise acceptable to City).

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected officials, officers, agents, employees or volunteers or shall specifically allow Consultant or others providing H:\ COMMON\ Administration& Special Projects\ Contrails- POs- Task Orders\ CSG Consultants\ CSG Contract. docx

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Contract No. 12267-2019
Item No.7G
DocuSign Envelope ID: 955ECE40- 206C- 4C57-AF53- EDA249831A4F insurance evidence in compliance with these specifications - to waive their right of recovery prior to a loss. Consultant hereby waives his own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to City prior to commencement of work.

Claims Made Policies
If any of the required policies provided coverage on a claims- made basis:
a). The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of contract work.
b). Insurance must be maintained and evidence of insurance must be provided for at least five ( 5) years after completion of the work required under this Agreement.
c). If coverage is canceled or non- renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the Agreement effective date, Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of Agreement work.

Verification of Coverage
Consultant shall provide City with copies of certificates ( on City certificate form or an Accord form as modified per City direction) for all policies, with the appropriate named additional insured coverage and an endorsement that they are not subject to cancellation without 30 days prior written notice to City. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

10. RELATION OF THE PARTIES
a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Consultant' s exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have H:\ COMMOMAdministration& Special Projects\ Contracts- POs- Task Orders\ CSG Consultants\ CSG Contract. docx

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Contract No. 12267- 2019
Item No.7G
DocuSign Envelope ID: 955ECE40- 206C- 4C57- AF53- EDA249831A4F control over the conduct of Consultant or any of Consultant' s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

11. CORRECTIONS
In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work that may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be charged to Consultant or withheld from any funds due to Consultant hereunder.

12. TERMINATION BY CITY
City may terminate without cause any or all of the services agreed to be performed under this Agreement upon 10 calendar days' written notice. If termination is for cause, no advance notice need be given. In the event of termination, Consultant shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by City to Consultant within 30 days following submission of a final statement by Consultant unless termination is for cause. In such event, Consultant shall be compensated only to the extent required by law.

Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check.

However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors, agents and consultants for the accuracy and competency of the information provided and/ or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents and consultants.

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Contract No. 12267-2019
Item No.7G
DocuSign Envelope ID: 955ECE40- 206C- 4C57- AF53- EDA249831A4F

14. AUDIT OF RECORDS
Consultant shall maintain, in accordance with generally accepted accounting principles, complete and accurate records of all activities and operations relating to this Agreement. Records, including but not limited to, timecards, employment records, work progress reports, reimbursements, invoices, project records, proprietary data and information, as well as licensed software and any electronic records shall be kept for a period of four years beyond the termination of this Agreement. Consultant agrees that City, or its authorized representative, shall have the right to examine, audit, excerpt, copy or transcribe any of the records pertaining to this Agreement at any time during normal business hours. Consultant shall reimburse City for all reasonable costs of the audit, including travel time and auditor costs, should such audit reveal an overcharge of five (5) percent or more. Any overcharge will be considered a breach of this Agreement and could be cause for termination. The obligations of this section shall be explicitly included in any subcontracts or other agreements entered into by Consultant with respect to this Agreement.

15. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/ or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

16. CONFLICT OF INTEREST
Consultant is unaware of any City employee or official that has a financial interest in Consultant' s business. During the term of this Agreement and/ or as a result of being awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in Consultant's business by any City employee or official.

17. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this Agreement shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.

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Contract No. 12267- 2019
Item No.7G
DocuSign Envelope ID: 955ECE40- 206C- 4C57-AF53- EDA249831A4F

18. MITIGATION OF DAMAGES
In all situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

19. GOVERNING LAW
This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California. Should litigation occur, venue shall be in Superior Court of Ventura County.

20. TAXPAYER IDENTIFICATION NUMBER
Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as most recently issued by the Internal Revenue Service.

21. NON- APPROPRIATION OF FUNDS
Payments due and payable to Consultant for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds for payment of Consultant's services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.

22. MODIFICATION/ AMENDMENT OF AGREEMENT
Any amendment, modification, or variation of the terms or tasks of this Agreement shall be in writing and shall be effective only upon the mutual written approval of the City and Consultant.

23. USE OF THE TERM " CITY"
Reference to "City" in this Agreement includes the City Manager or any authorized representative acting on behalf of City.

24. PERMITS AND LICENSES
Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

25. CAPTIONS
The captions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement.

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Contract No. 12267- 2019
Item No.7G
DocuSign Envelope ID: 955ECE40- 206C- 4C57- AF53- EDA249831A4F

26. AUTHORIZATION
Each party has expressly authorized the execution of this Agreement on its behalf and binds said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this Agreement.

27. ENTIRE AGREEMENT BETWEEN PARTIES
Except for Consultant' s proposals and submitted representations for obtaining this Agreement, this Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services and contains all of the covenants and agreements between the parties with respect to said services.

28. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

29. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY: Attention: Kelvin Parker
Community Development Department
City of Thousand Oaks
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362
TO CONSULTANT: Cyrus Kianpour, President
CSG Consultants, Inc.
3707 W. Garden Grove Blvd., Suite 100
Orange, CA 92868

30. SIGNATURES
a) Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
b) Scanned Signatures. In the event that any signature is delivered by facsimile transmission or submitted electronically as a scanned image ( i. e. files with . pdf, tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing ( or on whose behalf such signature is executed) with the same force and effect as if such facsimile or scanned signature page were an original thereof.

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Contract No. 12267- 2019
Item No.7G
DocuSign Envelope ID: 955ECE40- 206C- 4C57- AF53- EDA249831A4F c) Digital/ Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act ( UETA) and are produced using a City-approved method. The presence of an electronic signature on this document shall be construed as the parties' consent to do business electronically.

CONSULTANT
C
Docusigned by:

C vus . itUAgowr
2C47CD00402D420...

By: Cyrus Kianpour
Title: President
PDocuslgned
by:

OLA1 Kite%
By. hCC9Doug Rider
Title: Secretary

CITY OF THOUSAND OAKS
Docuslgned by:

Arabi
000P472D3C0040D...

Andrew P. Powers, City Manager
ATTEST:

DocusllgAn_edby
7r1 D1047E200400...

Cynthia M. Rodriguez, City Clerk
APPROVED BY DEPARTMENT HEAD:

LDocusigned
by:
tekiikk, i' tl JCR/ 1.
04C 14rDADOCr432...

Mark A. Towne
Community Development Director
APPROVED AS TO FORM:

Office of the City Attorney
Docuslgned by:
71D4ODD71DDA4AC..

By: Felicia Liberman, Assistant City Attorney
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Contract No. 12267- 2019
Item No.7G
DocuSign Envelope ID: 955ECE40- 206C- 4C57- AF53- EDA249831A4F EXHIBIT " A"

SCOPE OF WORK
Consultant shall, in general terms, provide professional Consultant Services Registered Engineers, ICC or CALBO certified Building Official, Plan Examiners, Inspectors, Permit Technicians), including but not limited to:

1. Evaluate new construction products, researches technical reports, and develops acceptance criteria for the use of products;

2. Plan, organize, control, integrate, perform and evaluate building inspection, CASp assessment and inspection, building permit issuance, plan check activities and operations within the Community Development Department;

3. Work with contractors and engineers on unusual problems regarding building matters;

4. Provide highly responsible and complex administrative support to the Director/ Deputy Director Community Development;

5. Serve as the Building Official or advisor;

6. Perform, oversee and manage a comprehensive building inspection program to ensure compliance with federal, state, and municipal ( Thousand Oaks Municipal Code) building, housing, and zoning codes, ordinances, and regulations as needed;

7. Provide overall approval of all building construction within area of responsibility;

8. Perform, oversee and manage the plan check program; supervise the examination of plans and specifications for completeness and compliance with applicable codes and regulations;

9. Maintain current knowledge of practices, rules and regulations relating to building inspection and plan check;

10. Provide technical and professional advice to staff, other divisions, departments, and outside agencies;

11. Monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures.

12. The Consultant may acquire professional services of sub-consultants in other fields/ disciplines as may be necessary to perform work identified by Task Order( s).

All Terms and Conditions of this Agreement shall remain unchanged and apply to all Task Orders.

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Contract No. 12267- 2019
Item No.7G
DocuSign Envelope ID: 955ECE40- 206C-4C57-AF53- EDA249831A4F Plan Check Turnaround Times
Consultant will ensure that all building and safety duties and follow-up actions will be performed in a timely and responsive manner. If a review is anticipated to take longer than the maximum turnaround timing, Consultant will notify the City with advanced notice and negotiate additional time required to ensure an appropriate level of review.

TYPE OF REVIEW

INITIAL REVIEW RE- CHECK

BUSINESS DAYS) ( BUSINESS DAYS)
Residential New Construction 10 5
Residential Additions 10 5
Small Residential Remodels 10 5
Non- Residential/ Commercial New Construction* 10 5
Commercial Additions 10 5
Small Commercial Remodels/ 10 5
Tenant Improvements
Large/ Complex Commercial Projects* 10 5
Expedited 5 5
Turnaround time may vary with the complexity and magnitude of the project. If a review is anticipated to take longer than the maximum turnaround timing, Consultant will notify the City's representative and negotiate additional time required to ensure an appropriate level of review.

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Contract No. 12267- 2019
Item No.7G
DocuSign Envelope ID: 955ECE40- 206C-4C57-AF53- EDA249831A4F EXHIBIT " B"

SCHEDULE OF FEES
Plan review is based on a percentage of plan check fees and includes the initial plan review and two subsequent reviews. Additional reviews, deferred submittals, revisions, and RFIs will be charged at the appropriate hourly rate below or as otherwise determined by mutual agreement with the City. RFIs for larger developments will be performed at an hourly rate, and turnaround times will be agreed upon in advance with the City.

PERSONNEL/ REVIEW TYPE ALL INCLUSIVE FEE/

HOURLY RATE

BUILDING OFFICIAL SERVICES
Certified Building Official 140
Overtime 1. 5 x Hourly Rate

BUILDING PLAN REVIEW SERVICES
Building Plan Review 75% of City's Plan Check Fee
Expedited Plan Review 95% of City' s Plan Check Fee
Building Plan Review— ICC Certified Plans Examiner 100
Building Plan Review— Professional Engineer 125
Building Plan Review— Professional Structural Engineer 140 CASp Review 125
Overtime 1. 5 x Hourly Rate

BUILDING INSPECTION SERVICES
Certified Building Inspector I 85
Certified Building Inspector II 95
CASp Inspector 125
Overtime 1. 5 x Hourly Rate

PERMIT TECHNICIAN SERVICES
Permit Technician 70
Overtime 1. 5 x Hourly Rate
Overtime services will be billed at 1. 5x the applicable hourly rate. All hourly rates include salaries, benefits, workers compensation insurance, local travel and miscellaneous office expenses. Should the scope of work change, or circumstances develop which necessitate special handling, Consultant will notify the City prior to proceeding.

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Contract No. 12267- 2019
Item No.7G
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Project Name: Professional Services
for Building Division

FIRST AMENDMENT TO

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
CSG CONSULTANTS, INC.

Contract No. 12267-2019
THIS FIRST AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter “City”) and CSG Consultants, Inc. (“Consultant”), entitled Professional Building Consulting Services and dated December 20, 2019 (herein “Contract”) is made this 12th day of May 2020.

RECITALS
A. On December 20, 2019, City and Consultant entered into a contract for professional services whereby Consultant provides consultant services to City staff from registered engineers, ICC or CALBO certified building officials, plan examiners, inspectors, and permit technicians.

B. 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 $75,000 for professional consulting services.

C. Section 5 of Contract, currently, and as may have been previously amended, provides for a termination date of December 31, 2020.

D. City is in need of extending the date of the Contract so Consultant can continue to provide the necessary consultant services to City under the terms of the present Contract, and Consultant is desirous of extending the term of the contract as well as providing continued consultant services to City and receiving additional compensation for said services.

AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below:

Part 1. The Contract is extended for a period of 6 additional months and Section 5 is hereby amended to read as follows:

The term of this Agreement is from the date first written above to June 30, 2021 unless Contract No. 12267- 2019A1
Item No.7G
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the term of this Agreement is extended or the Agreement is terminated as provided for herein.

Part 2. The sum of $275,000, 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 $350,000 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 " B1", attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon Consultant until June 30, 2021 after which any change in said rates and expenses must be approved in writing by 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 Agreement.” Contract No. 12267- 2019A1
Item No.7G
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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 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.

CONSULTANT
By: Cyrus Kianpour
Title: President
By: Doug Rider
Title: Secretary

CITY OF THOUSAND OAKS
Al Adam, Mayor
ATTEST:

Cynthia M. Rodriguez, City Clerk
APPROVED AS TO ADMINISTRATION:

Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD: APPROVED AS TO FORM:

Office of the City Attorney
Mark A. Towne By: Felicia Liberman
Community Development Director Assistant City Attorney
Contract No. 12267- 2019A1
Item No.7G
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Contract No. 12267- 2019A1
Item No.7G
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REVISED EXHIBIT “ B1”

PERSONNEL / REVIEW TYPE ALL INCLUSIVE FEE /

HOURLY RATE

BUILDING OFFICIAL SERVICES
Certified Building Official $ 170
Overtime 1.5 x Hourly Rate

BUILDING PLAN REVIEW SERVICES
Building Plan Review 75% of City’s Plan Check Fee
Expedited Plan Review 95% of City’s Plan Check Fee
Building Plan Review – ICC Certified Plans Examiner $ 100 Building Plan Review – Professional Engineer $ 125
Building Plan Review – Professional Structural Engineer $ 140 CASp Review $ 125
Overtime 1.5 x Hourly Rate

BUILDING INSPECTION SERVICES
Certified Building Inspector I $ 85
Certified Building Inspector II $ 95
CASp Inspector $ 125
Overtime 1.5 x Hourly Rate

PERMIT TECHNICIAN SERVICES
Permit Technician $ 70
Overtime 1.5 x Hourly Rate
Overtime services will be billed at 1.5x the applicable hourly rate. All hourly rates include salaries, benefits, workers compensation insurance, local travel and miscellaneous office expenses. Should the scope of work change, or circumstances develop which necessitate special handling, Consultant will notify the City prior to proceeding.

Contract No. 12267- 2019A1
Item No.7G
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Project Name: Professional Services
for Building Division

SECOND AMENDMENT TO

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
CSG CONSULTANTS, INC.

Contract No. 12267-2019
THIS SECOND AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter “City”) and CSG Consultants, Inc. (“Consultant”), entitled Professional Building Consulting Services and dated May 12, 2020 (herein “Contract”) is made this 26th day of February, 2021.

B. On May 12, 2020, Sections 3 and 5 of the contract were amended to provide for additional funds and an extended termination date of June 30, 2021.

C. City is in need of further extending the date of the Contract so Consultant can continue to provide necessary services to City under the terms of the present Contract, and Consultant is desirous of extending the term of the Contract in order to provide said services.

AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below:

Part 1. The Contract is extended for a period of two years and Section 5 is hereby amended to read as follows:

Contract No. 12267- 2019A2
Item No.7G
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The term of this Agreement is from the date first written above to June 30, 2023 unless the term of this Agreement is extended, or the Agreement is terminated as provided for herein.

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

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

CONSULTANT
By: Cyrus Kianpour
Title: President
By: Nourdin Khayata
Title: Secretary
CITY OF THOUSAND OAKS:

Andrew P. Powers, City Manager
ATTEST:

Cynthia M. Rodriguez, City Clerk
APPROVED BY DEPARTMENT HEAD: Approved As To Form:

Office of City Attorney
Kelvin Parker Felicia Liberman
Community Development Director Assistant City Attorney
Contract No. 12267- 2019A2
Item No.7G
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Project Name: Professional Services
For Building and Planning Divisions

THIRD AMENDMENT TO

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
CSG CONSULTANTS, INC.

Contract No. 12267-2019
THIS THIRD AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter “City”) and CSG Consultants, Inc. (“Consultant”), entitled Professional Services for Building and Planning Divisions and dated December 20, 2020 and amended May 12, 2020 and February 26, 2021 (herein “Contract”) is made on this 12th day of October 2021.

B. On May 12, 2020, Sections 3 and 5 of the contract were amended to provide for additional funds and an extended termination date of June 30, 2021.

C. On February 26, 2021, Section 5 of the contract (Term, Progress, and Completion) was amended to extend the date of the contract to June 30, 2023 so the Consultant can continue to provide necessary services to the City.

D. City is in need of adding additional services and funds for Planning Consulting to the Contract and Consultant is desirous to continue the existing contracted services and to provide additional services to the City and receive additional compensation for said services.

AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below:

Part 1. Section 2, paragraph 2 of contract is hereby amended to read as follows, and Exhibit A is hereby replaced in its entirety by Exhibits A-1 and A-2, attached hereto and incorporated herein by reference:

Professional services in conjunction with providing consultant services to City staff from registered engineers, ICC or CALBO certified building officials, plan examiners, inspectors, and permit technicians, which are more particularly set forth in the Building DocuSign Envelope ID: 3BD6A93A- 1033-426A-8F90-52EE4A761B4B Contract No. 12267- 2019A3
Item No.7G
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Services Scope of Work, attached as Exhibit “ A-1,” which is incorporated herein by reference as well as professional consulting services in conjunction with planning support, which includes, review, analysis, and evaluation of residential, commercial, industrial, and institutional projects, public hearing attendance and presentations, site visits, inspections, and communication and correspondence with applicants, as more particularly set forth in the Planning Services Scope of Work, attached as Exhibit "A-2," which is incorporated herein by reference.

Part 2. The Contract amount is increased by $150,000 for the remainder of the life of the contract and Section 3 of the contract is hereby amended to read as follows, and Exhibit B is hereby replaced in its entirety by Exhibits B-1 and B-2, attached hereto and incorporated herein by reference:
a) Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $500,000 (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-1" and Exhibit “B2”, attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon Consultant until June 30, 2023 after which any change in said rates and expenses must be approved in writing by 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 Agreement.” Part 3. All terms used in Part 1 and Part 2 above shall have the meanings ascribed thereto in Contract. Except as amended in Part 1 and Part 2 above, all other sections, terms, obligations, duties, clauses, and provisions of Contract shall remain the same.

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

CONSULTANT
Cyrus Kianpour, President
Nourdin Khayata, Secretary
CITY OF THOUSAND OAKS:

Claudia Bill-de la Peña, Mayor
DocuSign Envelope ID: 3BD6A93A- 1033-426A-8F90-52EE4A761B4B Contract No. 12267- 2019A3
Item No.7G
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ATTEST:

Cynthia M. Rodriguez, City Clerk
APPROVED AS TO ADMINISTRATION:

Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD: Approved As To Form:

Office of City Attorney
Kelvin Parker Tracy Friedl
Community Development Director Assistant City Attorney
DocuSign Envelope ID: 3BD6A93A- 1033-426A-8F90-52EE4A761B4B Contract No. 12267- 2019A3
Item No.7G
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EXHIBIT “ A-1”

BUILDING SERVICES SCOPE OF WORK
Consultant shall, in general terms, provide professional Consultant Services Registered Engineers, ICC or CALBO certified Building Official, Plan Examiners, Inspectors, Permit Technicians), including but not limited to:

1. Evaluate new construction products, researches technical reports, and develops acceptance criteria for the use of products;

3. Work with contractors and engineers on unusual problems regarding building matters;

4. Provide highly responsible and complex administrative support to the Director / Deputy Director Community Development;

5. Serve as the Building Official or advisor;

7. Provide overall approval of all building construction within area of responsibility;

8. Perform, oversee and manage the plan check program; supervise the examination of plans and specifications for completeness and compliance with applicable codes and regulations;

9. Maintain current knowledge of practices, rules and regulations relating to building inspection and plan check;

10. Provide technical and professional advice to staff, other divisions, departments, and outside agencies;

11. Monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures.

12. The Consultant may acquire professional services of sub-consultants in other fields/disciplines as may be necessary to perform work identified by Task Order(s). All Terms and Conditions of this Agreement shall remain unchanged and apply to all Task Orders.

DocuSign Envelope ID: 3BD6A93A- 1033-426A-8F90-52EE4A761B4B Contract No. 12267- 2019A3
Item No.7G
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Plan Check Turnaround Times
Consultant will ensure that all building and safety duties and follow-up actions will be performed in a timely and responsive manner. If a review is anticipated to take longer than the maximum turnaround timing, Consultant will notify the City with advanced notice and negotiate additional time required to ensure an appropriate level of review.

TYPE OF REVIEW INITIAL REVIEW

BUSINESS DAYS)

RE-CHECK

BUSINESS DAYS)
Residential New Construction 10 5
Residential Additions 10 5
Small Residential Remodels 10 5
Non-Residential / Commercial New Construction* 10 5
Commercial Additions 10 5
Small Commercial Remodels /
Tenant Improvements
10 5
Large/Complex Commercial Projects* 10 5
Expedited 5 5
Turnaround time may vary with the complexity and magnitude of the project. If a review is anticipated to take longer than the maximum turnaround timing, Consultant will notify the City’s representative and negotiate additional time required to ensure an appropriate level of review.

Page 6 ends

EXHIBIT “ A-2”

PLANNING SERVICES SCOPE OF WORK
CONSULTANT shall, in general terms, provide professional Planning Consulting services, including but not limited to:

1. Review and processing of entitlement applications such as Variances, Conditional Use Permits, Site Design Review.

2. Provide applicants with a clear understanding of the City's Zoning Code and Design Standards in order to provide proactive comments and suggestions on project site plans in order to help expedite the plan check review process.

3. Present at public meetings such as Planning Commission Hearings and City Council Hearings.

4. Coordinate with project architects, engineers, and other consultants on applicant project plans in order to ensure accuracy and compliance with City Design Standards.

5. Review and process discretionary and ministerial development projects to ensure code compliance.

6. Coordinate permit review with appropriate City departments and sub-consultants.

7. Provide extension of City staff by preparing staff reports, findings, and ordinances for public hearings including: Planning Commission, Development Advisory Committee, and Development Design Review Boards, and City Council.

CONSULTANT shall be responsible for the assignment, management and oversight of CONSULTANT’s employees assigned to provide services for CITY. CONSULTANT shall consult with CITY in the identification of any employee assigned to provide services hereunder.

CITY shall determine the volume of services requested by specifying the number of hours to be expended in providing the services. CONSULTANT shall be responsible to determine and direct CONSULTANT’s employee when services will be provided.

CONSULTANT shall consult with CITY regarding any work-related issues which would impact the determination of when the services should be performed.

CONSULTANT shall be responsible for providing CONSULTANT’ s employees with all necessary tools and equipment for performance of the services hereinunder, including but not limited to a camera, voice recorder, telephone, computer and vehicle. CITY may provide equipment for use by CONSULTANT’s employee if it is necessary for consistent provision of services and to accomplish CITY policy goals, e.g. access to a CITY computer for consistent documentation and reporting of inspections and other Planning Services. Use of any CITY equipment by CONSULTANT’ s employees shall be consistent with CITY policies on usage and shall be subject to CONSULTANT’s obligation DocuSign Envelope ID: 3BD6A93A- 1033-426A-8F90-52EE4A761B4B Contract No. 12267- 2019A3
Item No.7G
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to indemnify and hold the CITY harmless from any damage or loss.

CITY shall determine cases to be assigned to CONSULTANT for Planning services. CITY shall instruct CONSULTANT’s employee on CITY policy considerations and expectations in the provision of services hereunder, but the determination of means and methodology of providing the services shall be made by CONSULTANT.

Although CITY shall make workspace available to CONSULTANT to assist in the provision of services within the CITY, CONSULTANT shall not be required to be present at the workspace at any point.

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EXHIBIT “ B-1”

BUILDING SERVICES SCHEDULE OF FEES
Plan review is based on a percentage of plan check fees and includes the initial plan review and two subsequent reviews. Additional reviews, deferred submittals, revisions, and RFIs will be charged at the appropriate hourly rate below or as otherwise determined by mutual agreement with the City. RFIs for larger developments will be performed at an hourly rate, and turnaround times will be agreed upon in advance with the City.

PERSONNEL / REVIEW TYPE ALL INCLUSIVE FEE /

HOURLY RATE

BUILDING OFFICIAL SERVICES
Certified Building Official $ 170
Overtime 1.5 x Hourly Rate

BUILDING INSPECTION SERVICES
Certified Building Inspector I $ 85
Certified Building Inspector II $ 95
CASp Inspector $ 125
Overtime 1.5 x Hourly Rate

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EXHIBIT “ B-2”

PLANNING SERVICES SCHEDULE OF FEE

PERSONNEL ROLE HOURLY RATE
Planning Technician $ 105
Assistant Planner $ 125
Associate Planner $ 140
Senior Planner $ 155
Senior Environmental Planner $ 155
Principal Planner $ 170
Planning Manager $ 185
Planning Director $ 200
Sustainability Program Analyst $ 135
Sustainability Program Senior Analyst $ 160
Sustainability Program Manager $ 190
DocuSign Envelope ID: 3BD6A93A- 1033-426A-8F90-52EE4A761B4B Contract No. 12267- 2019A3
Item No.7G
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ATTACHMENT #2
Project Name: Professional Services
For Building and Planning Divisions

FOURTH AMENDMENT TO

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
CSG CONSULTANTS, INC.

Contract No. 12267-2019
THIS FOURTH AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter “City”) and CSG Consultants, Inc. (“Consultant”), entitled Professional Services for Building and Planning Divisions and dated December 20, 2019, and amended May 12, 2020, February 26, 2021, and October 12, 2021 (herein “Contract”) is made on this 14th day of June 2022.

B. On May 12, 2020, Sections 3 and 5 of the contracts were amended to provide for additional funds and an extended termination date of June 30, 2021.

C. On February 26, 2021, Section 5 of the contract (Term, Progress, and Completion) was amended to extend the date of the contract to June 30, 2023, so the Consultant can continue to provide necessary services to the City.

D. On October 12, 2021, Section 2 of the contract was amended to add professional planning services and increase the amount of the contract by $150,000 for building and planning services with a Not-to-Exceed amount of $500,000.

E. City is in need of adding an additional $200,000 for building services and $25,000 for planning services with the Not-to-Exceed amount of $725,000, and Consultant is desirous to continue providing the existing contracted services to the City.

AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to the Contract agree to amend the Contract as described below:

Item No.7G
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Part 1. The sum of $225,000, is added as compensation to Consultant under the present Contract, and Subsection 3 (a) of the 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 $725,000 (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 referenced as Exhibit "B-1" and Exhibit “B-2”, attached for reference herein. The rates and expenses set forth in that exhibit shall be binding upon Consultant until June 30, 2023, after which any change in said rates and expenses must be approved in writing by 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 Agreement.”
Part 2. All terms used in Part 1 above shall have the meanings ascribed thereto in Contract. Except as amended in Part 1 above, all other sections, terms, obligations, duties, clauses, and provisions of Contract shall remain the same.

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

CONSULTANT
Cyrus Kianpour, President
Nourdin Khayata, Secretary
CITY OF THOUSAND OAKS:
________________________________
Bob Engler, Mayor
ATTEST:

Cynthia M. Rodriguez, City Clerk
Item No.7G
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APPROVED AS TO ADMINISTRATION:

Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:

Approved As To Form:

Office of City Attorney
Kelvin Parker Tracy Friedl
Community Development Director Assistant City Attorney
Item No.7G
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“For Reference”
EXHIBIT “B-1”

PERSONNEL / REVIEW TYPE ALL INCLUSIVE FEE /

HOURLY RATE

BUILDING OFFICIAL SERVICES
Certified Building Official $170
Overtime 1.5 x Hourly Rate

BUILDING PLAN REVIEW SERVICES
Building Plan Review 75% of City’s Plan Check Fee
Expedited Plan Review 95% of City’s Plan Check Fee
Building Plan Review – ICC Certified Plans Examiner $100 Building Plan Review – Professional Engineer $125
Building Plan Review – Professional Structural Engineer $140 CASp Review $125
Overtime 1.5 x Hourly Rate

BUILDING INSPECTION SERVICES
Certified Building Inspector I $85
Certified Building Inspector II $95
CASp Inspector $125
Overtime 1.5 x Hourly Rate

PERMIT TECHNICIAN SERVICES
Permit Technician $70
Overtime 1.5 x Hourly Rate
Overtime services will be billed at 1.5x the applicable hourly rate. All hourly rates include salaries, benefits, workers compensation insurance, local travel and miscellaneous office expenses. Should the scope of work change, or circumstances develop which necessitate special handling, Consultant will notify the City prior to proceeding.

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“For Reference”
EXHIBIT “B-2”

PLANNING SERVICES SCHEDULE OF FEE

PERSONNEL ROLE HOURLY RATE
Planning Technician $105
Assistant Planner $125
Associate Planner $140
Senior Planner $155
Senior Environmental Planner $155
Principal Planner $170
Planning Manager $185
Planning Director $200
Sustainability Program Analyst $135
Sustainability Program Senior Analyst $160
Sustainability Program Manager $190
Item No.7G
TO: Andrew P. Powers, City Manager
FROM: Clifford G. Finley, Public Works Director
DATE: June 14, 2022
SUBJECT: Lawrence Drive and Teller Road Intersection Improvements Project (CI 5297)
RECOMMENDATION:

1. Approve Third Amendment to Professional Services Agreement Contract No. 12336-2020 with Kimley-Horn and Associates, Inc. (Los Angeles, CA), for additional design services for the Lawrence Drive and Teller Road Intersection Improvements project in the amount of $79,898, for a revised not-to-exceed amount of $398,114.

2. Approve budget appropriation and expenditure in the amount of $79,900 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-5310-631- 8300 (CI 5297, Lawrence Drive and Teller Road Intersection Improvements Project).

FINANCIAL IMPACT:
$79,900 Increase to FY 2021-22 General Fund Budget. $79,900 increase to FY 2021-22 General Fund Budget is requested. Total project cost is estimated at $2,520,711.

BACKGROUND:

The project consists of widening and realigning Teller Road at Lawrence Drive to align the eastbound and westbound lanes; constructing roadway pavement, sidewalk, crosswalks, curb and gutter, curb ramps; and the installation of traffic signals, signing and striping, and landscaping. The paved width of Teller Road will be widened from 40 feet to 64 feet and a new dedicated signalized left turn lane on Teller Road will be created (Attachment #1).

On March 31, 2020, City Council approved a Professional Services Agreement with Kimley-Horn and Associates, Inc. (KHA), under Contract No. 12336-2020, in the amount of $212,000 for the design and engineering of the project. On June 16, Item No.7H
Lawrence Drive and Teller Road Intersection Improvements Project (CI 5297) June 14, 2022

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2021, approval of the First Amendment to KHA agreement provided for contract term extension. On January 11, 2022, City Council approved the Second Amendment to KHA agreement in the amount of $106,216 for additional design services and construction support services.

DISCUSSION/ANALYSIS:

Additional KHA professional design, surveying, and engineering services are required during the construction phase of the project to include a new sidewalk on the south side of Teller Road; revised plans due to change in sidewalk width on the north side of Teller Road; revisions to landscape and irrigation plan; redesign of storm drain improvements and preparation of revised plans, development of solutions to address utility conflicts; provide utility exhibits; provide structural design of modified curb and retaining wall; prepare additional roadway elevation exhibits; redesign the stormwater treatment feature; and participation in additional meetings and field visits. The original storm drain plans were prepared based on inaccurate as-built information which caused numerous utility conflicts and the need to revise many sheets of the plans based on actual elevations obtained in the field during construction.

The Third Amendment to KHA Agreement (Attachment #2) will provide for the required additional services. Approval of the Third Amendment to Contract No. 12336-2020 with KHA in the amount of $79,898, for a revised not-to-exceed amount of $398,114 is recommended.

PROJECT COST AND FUNDING SUMMARY
Fund
531
Fund
532
Fund
538
Fund
542
Fund
551
Fund
552
Fund
001
Total Project
Cost
Design $212,000 $ 212,000
Extra Services $ 21,000 $ 21,000
Additional
Design Services $ 68,516 $ 68,516
Construction
Support Services $ 37,700 $ 37,700
Additional
Design Services
(This action)
$ 79,898 $ 79,898
Construction
Contract $617,484 $133,000 $31,500 $100,000 $26,000 $ 957,113 $1,865,097 Construction
Contingency $ 186,500 $ 186,500
City Furnished $25,000 $ 5,000 $ 30,000
Material Testing $20,000
$ 20,000
Total Costs $45,000 $924,000 $133,000 $31,500 $100,000 $26,000 $1,261,211 $2,520,711 Item No.7H
Lawrence Drive and Teller Road Intersection Improvements Project (CI 5297) June 14, 2022

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Construction started in February 2022 and is scheduled to be completed in Fall 2022 (ahead of the scheduled February 2023 completion date).

This project meets City Council’s Top Ten Priorities #9 to, “Adopt and implement two-year Operating and Capital Improvement budgets that are aligned with best practices on fiscal sustainability and financial resiliency. Make strategic investments in existing critical public works infrastructure including pavement management, sidewalks, water resources, and streetscape.” CIP PROJECT PRIORITY (as outlined in FY 2021-22 and FY 2022-23 CIP Program Budget)
Priority Two – Necessary, but not essential, and there could be consequences if deferred.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal(s):

PREPARED BY: Masoud Razavi, Engineering Associate
Attachments:

Attachment #1 – Vicinity and Location Maps
Attachment #2 – Third Amendment with Kimley-Horn and Associates, Inc.

DPW: 850-20\mr\etm\Council\2022\061422\CI 5297 Lawrence-Teller Intersection staff report.docx Item No.7H
TELLER

LAWRENCE

MITCHELL
MARION

TOURMALINE

CALCITE
TELLER

ERBES R

MOORPARK RD
D

OLSEN RD

LYN N RD

KANAN RD

WESTLAKE BL

JANSS RD

HILLCREST DR LYNN R D

BOR CHARD R D

RA NCHO CONEJO BL

RE NI O RD

WENDY DR

S UNSET HIL L S BL

AVENIDA D E LO S AR BOLES
·|}23
£¤101
±
LAWRENCE DRIVE/TELLER ROAD INTERSECTION IMPROVEMENTS (CI 5297)

VICINITY MAP

LOCATION MAP

PROJECT

LOCATION
ATTACHMENT #1
!( THOUSAND OAKS BLVD
±
0 115 230 460
Feet
0 0.5 1 2
Miles

PROJECT SITE
LAWRENCE DR.

TELLER RD.

DPW: 850-20\mr\etm\Council\2022\061422\CI 5297 Lawrence-Teller Intersection Item No.7H
ATTACHMENT #2
Project Name: Lawrence Drive and Teller Road
Intersection Improvements (CI 5297)

THIRD AMENDMENT TO

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
KIMLEY-HORN AND ASSOCIATES, INC.

Contract No. 12336-2020
THIS THIRD AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter “City”) and KIMLEY-HORN AND ASSOCIATES, INC. (“Consultant”), entitled Lawrence Drive and Teller Road Intersection Improvements (CI 5297) and dated March 31, 2020 and amended on June 16, 2021 and January 11, 2022 (herein “Contract”) is made this 14th day of June, 2022.

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 $318,216 for services generally and briefly described as Professional Design Services for the Lawrence Drive and Teller Road Intersection Improvements Project.

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. The following services to be performed by Consultant are added to the Scope of Services listed in Section 2 of Contract, such section is hereby amended to add and also include the following services, and Exhibit A-3 is hereby added to Contract:

Additional design and engineering services, as more fully described in Exhibit A-3, attached hereto and incorporated herein.

Part 2. The sum of $79,898 is added as compensation to Consultant under the Item No.7H
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present Contract for the above-described additional services, and Subsection 3 (a) of Contract is hereby amended 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 $398,114 (herein “not to exceed amount”).

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

KIMLEY-HORN AND
ASSOCIATES, INC.

Jean Fares, PE, Senior Vice President
Alyssa Phaneuf, PE, Vice President

CITY OF THOUSAND OAKS
Bob Engler, Mayor
ATTEST:

Cynthia M. Rodriguez, City Clerk
APPROVED AS TO ADMINISTRATION:

Andrew P. Powers, City Manager
Item No.7H
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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
Item No.7H
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EXHIBIT A-3

SCOPE OF WORK
Consultant shall perform the following additional services:

Task 1: Additional Sidewalk on the South Side of Intersection: Consultant shall extend the design of sidewalk and pedestrian facilities on the southside of Teller Rd. from the intersection of Lawrence Dr. easterly to the project limit.

Task 2: Update Bid Quantities and Opinions of Probable Construction Costs (OPCC): Consultant shall make additional revisions to the Bid quantities and the OPCC to accommodate the new design.

Task 3: Additional Meetings: Consultant to attend additional meetings to discuss new City proposed designs and attend an in-person Partnering Meeting with the City and Awarded Contractor.

Task 4: Change in Original Southside Sidewalk Design: Consultant shall change the original design of the sidewalk on the southside of the intersection to include additional sidewalk width and elevations, curb ramp width and elevations, grading, landscaping and irrigation, traffic signal pole locations, reconfigure the swale geometry due to space constraints and elevations. Consultant to include a water treatment quality analysis due to the increase in the impervious area. Provide revised plan sheets impacted due to this revision.

Task 5: Additional Landscape Revisions: Consultant shall revise the landscape and irrigation design plans to accommodate the extended sidewalk (under Task 1 above).

Task 6: Storm Drain Redesign: Consultant shall provide Storm Drain Redesign based on revised elevations and utility conflicts encountered during construction. This task shall also include attending meetings and site visits, performing storm drain hydraulic modeling, and providing the City with options to resolve the conflicts.

Task 7: Utility Conflicts: Consultant to provide revisions to plan set to resolve all additional utility conflicts that were encountered during construction.

Task 8: Exhibits: Consultant shall provide utility exhibits and roadway cross sections showing the proposed design in relation to the existing utility line.

Item No.7H
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Task 9: Structural Curb/Retaining Wall Design: Consultant shall provide retaining curb and structural wall designs to retain soil along the northside sidewalk and shall provide new plan details.

Task 10: Northside Sidewalk Redesign: Consultant shall redesign the sidewalk to a meandering 5-feet wide sidewalk on the northeast side of Teller Road.

Task 11: Additional Field Visits: Consultant shall perform site visits to resolve construction issues.

Task 12: Additional Elevations Plan Sheet: Consultant shall provide additional grade elevations for roadway improvements every 25 feet and shall provide additional plan sheets.

Task 13: Water Treatment Redesign: Consultant shall provide bio-swale analysis to resolve dimensional constraints of proposed Modular Wetland on the northside of Teller Road.

Task 14: Revision to Landscape and Irrigation Plan Sheets: Consultant shall add a solar irrigation controller and accordingly provide revised landscape and irrigation plan sheets that also accommodates the changes due to the added retaining wall and redesigned wider and meandering sidewalk on the northside.

Item No.7H
TO: Andrew P. Powers, City Manager
FROM: Clifford G. Finley, Public Works Director
DATE: June 14, 2022
SUBJECT: Wastewater Interceptor Capital Improvement Project Unit Y2 (CI 5328)
RECOMMENDATION:

1. Approve the project design, specifications, and Addenda Nos. 1 and 2 for construction of the Hill Canyon Treatment Plant Wastewater Interceptor Capital Improvement Project Unit Y2 (CI 5328).

3. Approve Fourth Amendment to Professional Services Agreement No. 12023-2019 with HDR Engineering, Inc. (Claremont, CA) for Construction Phase Support Services on the Wastewater Interceptor Capital Improvement Project Unit Y2 (CI 5328) in the amount of $172,248 for a revised not-to-exceed amount of $359,048, plus extra services of $17,225.

5. Authorize expenditure in the amount of $4,107,974 ($3,482,401 construction contract, $348,240 construction contract contingency, $172,248 for construction support services and testing, $17,225 for extra services, $79,880 for environmental permit assistance and $7,980 for extra services) from A/C #624-8250-682-8300 (Wastewater Interceptor Capital Improvement Project Unit Y2, CI 5328).

Item No.7I
WW Interceptor CIP Unit Y2 (CI 5328)
June 14, 2022

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FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time and costs required to advertise for bids, along with $4,549,706 project budget are included in the Adopted FY 2021-22 Wastewater Fund Capital Budget (CI 5328). The total project cost is estimated at $4,354,555.

BACKGROUND:

The Unit Y interceptor pipeline delivers a large volume of the City’s wastewater by gravity and pressurized pipeline to the Hill Canyon Treatment Plant (HCTP) for treatment. The interceptor is in the Wildwood recreational area and associated canyon. The pipeline follows an access road and traverses open space and enters the HCTP through a meter vault at the north end of the facility (Attachment #1).

At the terminus of Unit Y, where it enters the HCTP facility, there is an 18-inch diameter double barrel (two pipes) pressurized pipeline inverted siphon for approximately 2,000 feet. Access structures are located along the gravity portion of the alignment; however, there are long reaches of pipeline where no access structure exists. The City has installed cured in place pipe (CIPP) lining material on the upper gravity reaches of the pipeline as part of previous projects. The pressurized inverted siphon section of pipeline has not been lined and presents challenges that need to be addressed as part of this project.

On April 2, 2019, HDR Engineering, Inc. (HDR), a professional engineering firm, was selected through a competitive Request for Proposals (RFP) process to prepare plans and specifications for the Wastewater Interceptor Capital Improvement Project Unit Y2 (CI 5328). Three amendments were issued to HDR during the project. Amendment No. 1 was a fee amendment to cover the design costs associated with design efforts to replace the HCTP meter vault and rehabilitate the siphon inlet structure and Amendment Nos. 2 and 3 were contract time extensions.

The project includes removal of the existing cleanout structures, minor tree trimming and temporary access road construction necessary for the equipment to reach the site of the project, cleaning of the existing sewer pipelines, installation of two 18-inch diameter cured in place pipe linings to rehabilitate the existing 18-inch diameter pipes, installation of three pipeline access structures, replacement of the pipelines associated with the HCTP meter structure and rock catcher, and rehabilitation of the siphon inlet structure.

The project plans and specifications were completed by HDR in July 2020; however, the project environmental regulatory permitting took a significant amount of time to secure the necessary project permits to perform the construction.

Item No.7I
WW Interceptor CIP Unit Y2 (CI 5328)
June 14, 2022

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Padre Associates, Inc. (Padre), is on the City’s on-call consultants list and was issued a Task Order to assist the City with obtaining the environmental regulatory permits associated with the proposed construction project. Padre prepared the Mitigated Negative Declaration (MND) in accordance with the California Environmental Quality Act (CEQA) guidelines. City Council adopted the MND and Mitigation Monitoring Program for the project on July 6, 2021.

DISCUSSION/ANALYSIS:

City Council authorized bidding of the project on March 29, 2022, and the bid was publicly advertised in April 2022. Three bids were received and publicly opened on May 11, 2022. The bid results are as follows:

Bidder Bid

1. Blois Construction, Inc. $3,482,401

2. Burns Pacific Construction, Inc. $3,929,540

3. Hank Co., Inc. $4,909,740
The low bid from Blois Construction, Inc., in the amount of $3,482,401 is lower than the engineer’s estimate of $3,750,000. The bid package submitted by Blois Construction, Inc., has been reviewed and found to be in order and the bid protest period has elapsed with no formal protest received. Staff recommends award of the construction contract to Blois Construction, Inc.

Engineering Services During Construction
To provide for the additional engineering and professional support services during construction, it is recommended City Council also approve the Fourth Amendment to the agreement with HDR in the amount of $172,248 for construction phase services, including material testing (Attachment #2). This project is complicated and will require specialized engineering support beyond that which is available from City staff.

Environmental Mitigation and Monitoring Support
The required California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement, which was obtained after a lengthy permit review process, contains numerous mitigation and monitoring requirements as part of CDFW’s final conditions of approval for the project. Such mitigation and monitoring activities require professional services in connection with biological monitoring, advanced breeding bird surveys, and permit compliance documentation during and after the project’s construction.

Padre is well-qualified to provide such services based on its expertise and detailed knowledge and familiarity with the project scope, canyons, and requirements of the Item No.7I
WW Interceptor CIP Unit Y2 (CI 5328)
June 14, 2022

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environmental permits. Padre’s original Task Order No. 1 for the design phase services on this project was part of a larger Task Order that cannot be amended due to the $125,000 limit for task orders on a single project. Changing environmental consultants at this stage would introduce even further delays to the project and generate substantial additional hours and effort for the new consultant to get familiar with the permit history and unique requirements of the project and the canyons. Due to the above, staff recommends City Council waive the formal RFP process and approve a new Professional Services Agreement with Padre in the amount of $79,880, with extra services of $7,980 and a term expiring on December 31, 2022 (Attachment #3).

Project Cost Summary
The estimated project cost breakdown is as follows:

HDR Design Phase (previously approved) $ 186,800
HDR Design Services Extra Services (previously approved) $ 15,000 Padre Environmental Permitting Services (previously approved) $ 44,781 HDR Construction Period Engineering Support (this action) $ 172,248 HDR Construction Period Extra Services (this action) $ 17,225 Padre Environmental Permit Monitoring Services (this action) $ 79,880 Padre Environmental Permit Monitoring Extra Svcs (this action) $ 7,980 Design/Engineering/Environmental Support Services – Subtotal $ 523,914 Construction Contract (this action) $ 3,482,401
Construction Contingency (this action) $ 348,240
$ 4,354,555
This project is anticipated to start by July 2022 and be completed by December 2022. The project design, specifications, and Addenda Nos. 1 through 4 are available for review by request to the Public Works Department by e-mail at [email protected] or by phone at (805) 449-2400.

Community Outreach: This project will impact trail users in the Wildwood recreation area. Coordination with Conejo Open Space Conservation Agency (COSCA) regarding the project, as well as the community activities in the area, has occurred and will continue to occur during the project construction. The work will also be at the north end of the plant and will have limited impact to plant operation. Construction-related impacts to hiking trail users and notifications of trail closures will be coordinated through COSCA and City websites and notification flyers.

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investments in existing critical public works infrastructure including pavement management, sidewalks, water resources, and streetscape.” CIP PROJECT PRIORITY (as outlined in FY 2021-22 and FY 2022-23 CIP Program Budget)
Priority Two – Necessary, but not essential, and there could be consequences if deferred.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

PREPARED BY: Nader Heydari, Deputy Public Works Director Attachments:

Attachment #1 – Vicinity and Location Map
Attachment #2 – Fourth Amendment to Professional Services Agreement 12023-2019 with HDR Inc.

Attachment #3 – Professional Services Agreement with Padre Associates, Inc.

DPW: 850-20\nh\etm\Council\2022\061422\CI 5328 Unit YWW Interceptor staff report.docx Item No.7I
ATTACHMENT #1

LOCATION MAP
DPW: 850-20\nh\etm\Council\2022\061422\CI 5328 Unit YWW Interceptor Att 1 Vicinity and Location Map.pdf Item No.7I
ATTACHMENT #2
DPW:850-20\af\etm\Council\2020\051220\CI 544\HCTP Retaining Wall Project First Amendment.docx

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Project Name: HCTP CIP Unit Y2 Project (CI 5328)

FOURTH AMENDMENT TO

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
HDR ENGINEERING, INC.

Contract No. 12023-2019
THIS FOURTH 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 Capital Improvement Project Unit Y2 (CI 5328) dated April 2, 2019, and amended November 19, 2019, April 21, 2020, and June 9, 2021 (herein “Contract”) is made this 14th day of June 2022.

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 $147,500 for services generally and briefly described as preparation of the construction contract documents and services during the bidding phase.

B. The First Amendment to the Contract was issued on November 19, 2019, in the amount of $39,300, modifying the Contract amount to $186,800.

C. The Second Amendment to the Contract was issued on April 21, 2020, extending the Contract termination date to June 30, 2021.

D. The Third Amendment to the Contract was issued on June 9, 2021, extending the Contract termination date to June 30, 2022.

E. City is in need of expanding the Scope of Services to be performed under the present Contract and adding additional time to perform, 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 Construction Phase Support Services and Specialty Item No.7I
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Inspections in conjunction with the HCTP Capital Improvement Project Unit Y2. The detailed scope of this additional work is attached hereto and incorporated herein as Exhibit A-4.

Part 2. The Contract is extended for a period of 6 months and Section 5 is hereby amended to read as follows:

The term of this Agreement is from the date first written above to December 31, 2022, unless the term of this Agreement is extended, or the Agreement is terminated as provided for herein.

Part 3. The sum of $172,248 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 $ 359,048 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. All terms used in Parts 1, 2 and 3 above shall have the meanings ascribed thereto in Contract. Except as amended in Parts 1, 2, and 3, 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 Contract as of the date set forth above.

HDR ENGINEERING, INC.

Ana Lantin, P.E.

Vice President
Elisa Davies
Corporate Secretary

CITY OF THOUSAND OAKS
ATTEST: Bob Engler, Mayor
Cynthia M. Rodriguez, City Clerk
Item No.7I
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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
Item No.7I
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EXHIBIT A-4
Scope of Services
CONSULTANT shall provide engineering and materials testing services in conjunction with construction phase services support during the HCTP Capital Improvement Project Unit Y2 construction. CONSULTANT’s work shall be coordinated with plant operations staff.

PHASE II –CONSTRUCTION PHASE
TASK F: CONSTRUCTION PHASE SERVICES SUPPORT

1. Preconstruction Meeting. CONSULTANT will attend the preconstruction meeting, which will be scheduled and facilitated by the City’s project manager, who will also prepare the agenda and meeting notes.

2. Revision to contract documents. CONSULTANT will prepare sketches and/or revise drawings and specifications as needed, to address unexpected field conditions, document errors, owner- directed changes, and RFI responses.

3. Responses to RFIs. CONSULTANT will prepare responses for up to 25 Requests for Information (RFIs) submitted by the Contractor.

4. Submittal reviews. CONSULTANT will review and respond to up to 25 submittals / resubmittals, including shop drawings, products, and materials.

5. Other construction meetings. CONSULTANT’s Project Manager (Dan Ellison) and Project Engineer (Jon Paz) will participate in up to 3 site meetings each, in addition to the preconstruction meeting and final job walk.

6. Inspections. CONSULTANT will furnish inspection services as follows:
a. Resident coating inspector. CONSULTANT will furnish the services of a NACE-certified Level II coatings inspector to perform on-site inspection of preparation and lining of pipelines, and other items. Inspector shall be available for 50 days (2.5 months) of full-time inspection and shall:
b. Maintain daily photo and activity logs
c. Track quantities of work performed
d. Review and approve progress pay requests
e. Review pipe preparation procedures and video provided by Contractor f. Review pipe lining processes and video of completed work, provided by Contractor
g. Report non-conformances
h. Prepare weekly reports describing the work completed and relevant observations
Item No.7I
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7. Concrete inspection. CONSULTANT will procure the services of a licensed deputy inspector and qualified concrete testing lab. Up to ten (10) concrete pours are anticipated. For each concrete pour, one half-day of pre-inspection of rebar and one half-day of placement inspection are anticipated, including the preparation and testing of cylinders. Services also include one pre-pour batch plant inspection, including sampling and testing of aggregate for gradation, moisture, and cleanliness.

8. Structural observation. During the site meetings, CONSULTANT’s project manager will observe structural conditions and address concerns.

9. Change order reviews. Upon request of the City, CONSULTANT will provide technical review of proposed change orders. Two are assumed.

10. Walkthrough and punch list. CONSULTANT will participate in the final job walk and help with development of the punch list.

11. Record drawings. CONSULTANT will prepare record drawings based on Contractor-supplied red-line markups. Drawings will be furnished as ACAD and PDF digital files.

12. Project closeout. CONSULTANT will prepare final documentation and provide a digital copy to the City.

ASSUMPTIONS AND EXCLUSIONS

1. Construction contract administration, including daily observations when the HDR coating inspector is not present, will be provided by the City or others.

The Construction Contractor will be solely responsible for job site safety. Any safety observations offered by Engineer/Consultant are provided as a co Item No.7I
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Item No.7I
ATTACHMENT #3
Project Name: WW Interceptor CIP Unit Y2 (CI 5328)

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
PADRE ASSOCIATES, INC.

THIS AGREEMENT is made and entered into this 14th day of June 2022 by and between CITY OF THOUSAND OAKS, a municipal corporation ("City"), and PADRE ASSOCIATES, Inc. ("Consultant").

City and Consultant agree as follows:

1. RETENTION AS CONSULTANT
City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the services described in Section 2. Consultant warrants it has the qualifications, experience, and facilities to properly and timely perform said services.

2. DESCRIPTION OF SERVICES
The services to be performed by Consultant are as follows:

Professional services in conjunction with environmental permitting compliance monitoring assistance for the Wastewater Interceptor Capital Improvement Project Unit Y2, including coordination with staff and construction contractor regarding the environmental permitting requirements, preparation of environmental monitoring reports, preparation of project biological surveys as required by California Department of Fish and Wildlife, and other tasks as identified. Services and deliverables shall generally include preparation of environmental permit monitoring packages and technical reports and are more particularly set forth in the Scope of Work, attached as Exhibit “A,” which is incorporated herein by reference.

3. COMPENSATION AND PAYMENT
(a) Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $ $79,880(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 attached as Exhibit "B," which is incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon Consultant until 12/31/2022, after which any change in the rates and expenses must be approved in writing by City's Project Manager (City is to be given Item No.7I
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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 Agreement.
(b) Payment. Consultant shall provide City with written verification of the actual compensation earned, in a form satisfactory to City's Project Manager.

Invoices shall be made no more frequently than monthly, and describe the work performed (including, if applicable, a list of hours worked by personnel classification). All payments shall be made within 30 days after City’s approval of the invoice.
(c) Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Section 2 may be agreed upon only by execution of a written Amendment to this Agreement. No liability or right to compensation for extra services shall exist without such Amendment. Unless otherwise stated in the Amendment, applicable rates for extra services shall be at the rates set forth in Exhibit “B”.

4. CITY PROJECT MANAGER
The services to be performed by Consultant shall be accomplished under the general direction of, and coordinate with, City's "Project Manager", as that staff person is designated by City from time to time, and who presently is Nader Heydari.

5. TERM, PROGRESS AND COMPLETION
The term of this Agreement is from the date first written above to December 31, 2022, unless term of this Agreement is extended, or the Agreement is terminated as provided for herein.

Consultant shall not commence work on the services to be performed under the Agreement until (i) Consultant furnishes proof of insurance as required by paragraph 9 below, and (ii) City’s Project Manager gives written authorization to proceed with the work. All services shall be completed within the term of this Agreement.

6. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than Consultant's drafts, notes and internal memorandum), including duplication of same prepared by Consultant in the performance of these services, are the property of City. City shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when requested by City. City agrees to hold Consultant harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans, Item No.7I
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specifications, graphics, brochures, reports, and other documentation for purposes other than those described in this Agreement, unless written authorization of Consultant is first obtained.

7. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTS
This Agreement is for professional services, which are personal to City.

Matt Ingamells is deemed to be especially experienced and is a key member of Consultant's firm, and shall be directly involved in performing, supervising, or assisting in the performance of this work. This key person shall communicate with, and periodically report to, City on the progress of the work. Should said individual be removed from assisting in this contracted work for any reason, City may terminate this Agreement.

This Agreement is not assignable by Consultant without City's prior written consent.

The following portions of the work described in this Agreement may be subcontracted out to other parties by Consultant: Benner and Carpenter Surveys as listed in the approved proposal.

8. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for Consultant's Damages. Consultant holds City, its elected officials, officers, agents, employees and volunteers, harmless from all of Consultant's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Consultant, to Consultant's employees, to Consultant’s contractors or subcontractors, or to the owners of Consultant's firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or performance of any activity or work required under this Agreement, except to the extent caused by the City’s negligence or breach of this agreement. (b) Defense and Indemnity of Third-Party Claims/Liability.

Consultant shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Consultant, or should City have a legitimate concern about Consultant’s legal counsel, then Consultant shall reimburse City its costs of defense, including without limitation Item No.7I
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reasonable legal counsel fees, expert fees and all other costs and fees of litigation.

The Consultant shall promptly pay City any final judgment rendered against City (and its officers, officials, employees, and volunteers) with respect to claims determined by a trier of fact to have been the result of Consultant’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Consultant’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City.
(c) Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 9.

9. MINIMUM SCOPE AND LIMIT OF INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, and any extension thereof, policies of insurance of the type and amounts described below and in a form that is satisfactory to the City.

Coverage shall be at least as broad as:
(a). Commercial General Liability (CGL): Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry General Liability insurance coverage at least as broad as Insurance Services form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate for bodily injury, personal and advertising injury and property damage, including without limitation, blanket contractual liability.

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(b). Automobile Liability: Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry Automobile Liability insurance coverage at least as broad as Insurance Services form CA 00 01 or the exact equivalent covering bodily injury and property damage for all activities of Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage of any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c). Worker’s Compensation: Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry workers’ compensation statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for bodily injury or disease. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers for all work performed by Consultant, its employees, agents and subcontractors.
(d). Professional Errors and Omissions Insurance: Consultant shall, at Consultant’s sole cost and expense throughout the term of this Agreement, and any extensions thereof, carry professional errors and omissions coverage of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate, with tail coverage for an extended reporting period of three (3) years.

If Consultant maintains higher limits than the minimum shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant.

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 10 01 and CG 20 37 10 01 if a later edition is used). The provision shall also apply to any excess liability policies. In addition, Consultant shall ensure that the automobile liability policy contains a provision Item No.7I
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covering City as an additional insured and shall obtain an endorsement to that effect if it does not.

Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Umbrella or excess policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be “pay on behalf” with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion of claims or suits by one insured against the other. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and no-contributory basis for the benefit of City as required in written contract or agreement before City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

City’s Rights of Enforcement
In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancelled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant’s payments. In the alternative, City may cancel this Agreement.

City’s Right to Revise Specifications
City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation.

Primary and Non-Contributory Coverage
For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees or volunteers shall be excess of Consultant's insurance and shall not contribute with it and shall be at least as broad as CG 20 01 04 13.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to City.

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Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. City may require Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with a current A.M. Best’s rating of no less than A: VII, (unless otherwise acceptable to the City).

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its officers, officials, employees, or volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications - to waive their right of recovery prior to a loss. Consultant hereby waives his own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to City prior to commencement of work.

Claims Made Policies
If any of the required policies provided coverage on a claims-made basis:
(a). The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of contract work.
(b). Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the work required under this Agreement.
(c). If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.

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named additional insured coverage and an endorsement that they are not subject to cancellation without 30 days prior written notice to City. All certificates and endorsements are to be received and approved by City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

10. RELATION OF THE PARTIES
The relationship of the parties to this Agreement shall be that of independent contractors and in no event shall Consultant be considered an officer, agent, servant or employee of City. Consultant shall be solely responsible for any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the described work.

12. TERMINATION BY CITY
City may, upon 30 calendar days written notice, terminate without cause any portion or all of the services agreed to be performed under this Agreement. If termination is for cause, no advance notice need be given. In the event of termination, Consultant shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by City to Consultant within 30 days following submission of a final statement by Consultant unless termination is for cause. In such event, Consultant shall be compensated only to the extent required by law.

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13. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished, or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors, agents and consultants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents and consultants.

15. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default Item No.7I
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or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

16. CONFLICT OF INTEREST
Consultant is unaware of any City employee or official that has a financial interest in Consultant's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in Consultant's business by any City employee or official.

18. MITIGATION OF DAMAGES
In all situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

19. GOVERNING LAW
This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California.

Should litigation occur, venue shall be in Superior Court of Ventura County.

20. TAXPAYER IDENTIFICATION NUMBER
Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9 (Rev. 12-87), as issued by the Internal Revenue Service.

21. NON-APPROPRIATION OF FUNDS
Payments due and payable to Consultant for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds Item No.7I
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for payment of Consultant services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.

22. MODIFICATION/AMENDMENT OF AGREEMENT
Any amendment, modification, or variation of the terms or tasks of this Agreement shall be in writing and shall be effective only upon the mutual written approval by the City Manager, or his designee, and Consultant.

23. USE OF THE TERM “CITY”
Reference to “City” in this Agreement includes City Manager or any authorized representative acting on behalf of City.

24. PERMITS AND LICENSES
Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

25. CAPTIONS
The captions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement.

26. AUTHORIZATION
Each party has expressly authorized the execution of this Agreement on its behalf and bind said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this Agreement.

27. ENTIRE AGREEMENT BETWEEN PARTIES
Except for Consultant's proposals and submitted representations for obtaining this Agreement, this Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services and contains all of the covenants and agreements between the parties with respect to said services.

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29. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY: Nader Heydari, Deputy Public Works Director
City of Thousand Oaks
Public Works Department
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362
TO CONSULTANT: Simon Poulter, Vice President
Padre Associates, Inc.
1861 Knoll Drive
Ventura, CA 93003

30. SIGNATURES
(a) Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
(b) Scanned Signatures. In the event that any signature is delivered by facsimile transmission or submitted electronically as a scanned image (i.e., files with .pdf, .tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or scanned signature page were an original thereof.

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(c) Digital/Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act (UETA) and are produced using a City-approved method. The presence of an electronic signature on this document shall be construed as the parties’ consent to do business electronically.

In concurrence and witness whereof, this Agreement has been executed by the parties effective on the date and year first above written.

PADRE ASSOCIATES, INC.

Jerome Summerlin, President
Jeff Damron, Corporate Secretary

CITY OF THOUSAND OAKS
Bob Engler, Mayor
ATTEST:

Cynthia M. Rodriguez, City Clerk
APPROVED AS TO ADMINISTRATION:

Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:

Clifford G. Finley, Public Works Director
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APPROVED AS TO FORM:

Office of the City Attorney
Tracy Friedl, Assistant City Attorney
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EXHIBIT A

SCOPE OF WORK
CONSULTANT shall provide environmental permit compliance services to provide biological monitoring services support during the HCTP Capital Improvement Project Unit Y2 construction. CONSULTANT’s work shall be coordinated with plant operations.

PHASE II –CONSTRUCTION PHASE
TASK A: CONSTRUCTION PHASE ENVIRONMENTAL SERVICES SUPPORT

1. MND Mitigation Measure 2a: Exclusion Netting/WQC Condition 3k.

CONSULTANT will install and maintain exclusion netting upstream and downstream of all five access road crossings, should arroyo chub, two-striped garter snake or western pond turtle be found during pre-construction surveys (see SAA Condition 2.5).

2. SAA Conditions 1.9 and 2.8: Designated/Avian Biologist. CONSULTANT will submit the qualifications of the proposed biological monitors/avian biologists to CDFW for approval at least 30 days prior to the start of construction.

CONSULTANT will respond to any information requests from CDFW to ensure the biological monitors are approved.

3. SAA Condition 1.11: Environmental Education Program/Materials/WQC Condition 3.l. CONSULTANT will prepare and present an environmental education program for the project including a summary of relevant permit conditions and photographs of sensitive species to avoid. CONSULTANT will maintain a sign-in sheet for construction workers and subcontractors documenting completion of the program.

4. SAA Conditions 2.2, 2.3 and 2.6: Designated Biologist. As required by SAA Condition 2.3, CONSULTANT will provide an approved biological monitor to survey the work areas prior to the start of work each day and be present during vegetation removal. This task includes monitoring compliance with permit conditions and reporting potential non-compliance issues to the designated City and contractor contacts.

5. SAA Condition 2.5: Pre-construction Biological Surveys. CONSULTANT will conduct two pre-construction biological surveys and prepare a survey report and submit the report to CDFW via EPIMS no later than two working days before the start of construction.

6. SAA Condition 2.8: Breeding Bird Surveys. Field work for this task will be incorporated into the required least Bell’s vireo surveys (SAA Condition 2.11).

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CONSULTANT will prepare a breeding bird survey report and submit the report to CDFW via EPIMS no later than two working days before the start of construction.

7. SAA Condition 2.9: Active Breeding and/or Nesting. Should active nests be found during breeding bird surveys, CONSULTANT will develop a nesting bird management plan including avoidance buffer recommendations for each active nest. CONSULTANT will monitor active nests to determine when work may resume within avoidance buffers and submit weekly nest logs to CDFW as required.

8. SAA Condition 2.11: Least Bell’s Vireo. Protocol least Bell’s vireo surveys are required to be conducted. The protocol requires eight surveys to be conducted at least 10 days apart between April 10 and July 31. CONSULTANT will submit a survey area map for approval by CDFW. CONSULTANT will conduct the breeding bird surveys (see SAA Condition 2.8) as part of the least Bell’s vireo surveys. A least Bell’s vireo survey report will be prepared and submitted to CDFW via EPIMS prior to the start of construction.

9. SAA Condition 2.12: Southwestern Pond Turtle. Surveys and any needed relocations will be conducted during daily monitoring under SAA Condition 2.3. A turtle exclusion and relocation program will be developed based on MND Mitigation Measure 2a and submitted to CDFW for approval.

10.SAA Condition 2.13: Other Special-Status Species. Notification of the discovery of special-status species (not including western pond turtle or least Bell’s vireo) will be conducted via EPIMS following pre-construction surveys (see SAA Condition 2.5).

11.SAA Condition 2.18: Tree Report. CONSULTANT will conduct a survey of all trees within and adjacent to work areas and access roads/trails. A tree report with map will be submitted to CDFW via EPIMS, including as assessment of impacts to each affected tree (removal and trimming).

12.SAA Conditions 2.19 and 2.21: Work Area Boundary and Flagging.

CONSULTANT will assist the selected contractor in identifying boundaries of work areas and sensitive habitats. Installation of flagging (or equivalent marking or fencing) will be the responsibility of the contractor.

13.SAA Condition 2.44: Vegetation and Sedimentation/Erosion Assessment Monitoring Plan. CONSULTANT will prepare a draft Plan for City review, and the final Plan (following incorporation of City comments) will be submitted to CDFW via EPIMS prior to the start of construction. The Vegetation and Sedimentation/Erosion Assessment Monitoring Plan will be implemented (site assessment) prior to project initiation and after a 5-year storm event, as required.

Due to the unknown period between project initiation and a 5-year storm event, a contract extension may be required.

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14.SAA Condition 3.1.1: Habitat Mitigation and Monitoring Plan/WQC Condition H.3. CONSULTANT will update and expand the Mitigation and Monitoring Plan submitted to CDFW in December 2021. This Plan will be submitted to CDFW and the RWQCB for approval at least 30 days prior to the start of construction.

15.SAA Condition 4.5: Final Monitoring Report. This report is due following the second vegetation/sedimentation/erosion assessment, which must follow a 5-year storm event. This report will be prepared at that time and submitted to CDFW via EPIMS.

16.SAA Condition 4.7: Final Project Report/WQC Condition 1.a. CONSULTANT will prepare the Final Project Report/Annual Report and submit to CDFW and the RWQCB no later than one month after construction is complete. This Report will include a summary of project activities and permit compliance issues, biological monitoring notes and photographs.

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EXHIBIT B

RATE SCHEDULE
Item No.7I
TO: Andrew P. Powers, City Manager
FROM: Clifford G. Finley, Public Works Director
DATE: June 14, 2022
SUBJECT: Water Resources Development Collaboration Memorandum of Understanding (CI 5395)
RECOMMENDATION:

1. Approve the Memorandum of Understanding for Water Resources Development Collaboration with Calleguas Municipal Water District, Camrosa Water District, and Las Virgenes-Triunfo Joint Powers Authority.

2. Delegate authority to Public Works Director to execute future amendments to the Memorandum of Understanding to include other agencies or parties.

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time and costs required to execute and collaborate on the Memorandum of Understanding is included in the Adopted FY 2021-22 and FY 2022-23 Water Fund Budgets.

BACKGROUND:

The City’s water system distributes water to approximately 17,000 customer accounts and a population of over 50,000 residents via 16 water storage reservoirs, 17 pump stations, 2,000 fire hydrants, 5,000 valves, and approximately 250 miles of pipelines, with a total capacity of over 35 million gallons. All water purveyors within the City of Thousand Oaks receive their water through Calleguas Municipal Water District (Calleguas), which delivers treated water from the State Water Project (SWP) via the Metropolitan Water District (MWD) to the local agencies’ infrastructure. There are regular meetings between the City and Calleguas to facilitate coordination, outreach, and overall alignment of strategies, including water resources and water conservation. One of the focused areas of discussion over the past few years has been on resiliency and local water resources.

These discussions have expanded recently to include neighboring water districts beyond City limits in the Greater Conejo Valley, including the Las Virgenes Municipal Water District, Triunfo Sanitation District Joint Powers Authority, and the Item No.7J
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Camrosa Water District, in an effort to collaborate on a more regional basis to develop beneficial long-term solutions for the region.

DISCUSSION/ANALYSIS:

All water purveyors and districts in the Greater Conejo Valley region currently face a complex array of water-related challenges, including, but not limited to:
 Reduced reliability and rising costs of imported water due to environmental regulations and increased hydrologic variability with more frequent and intense dry conditions;
 Limited availability of reliable imported water supplies, as illustrated by five percent allocations from SWP for 2021 and 2022, because of the extreme drought, warm temperatures, and low snowpack;
 Limited availability of local groundwater, and high costs to develop, extract and treat so that it is potable;
 More stringent regulations for water quality, which impacts some existing local water supplies and increases the cost of groundwater development;  Increasing regulations for municipal separate storm sewer systems (MS4) that aim to reduce sediment and pollutant loads, which will require new approaches to the management of urban runoff, stormwater, and discharges from local water systems.

Facing the variety of water-related challenges described herein, the parties to the proposed Memorandum of Understanding (MOU) have been meeting bi-monthly since 2021 to discuss potential opportunities to develop collaborative solutions on water resources, to reduce overall dependence on imported water supplies and improve local water supply reliability.

The proposed MOU formalizes the parties’ willingness to collaborate and develop creative, regional approaches to address the complicated interrelated water challenges. The MOU also allows for additional interested parties to join in the MOU in the future upon approval of the parties’ designated representatives. Staff recommends City Council approve the MOU to enhance collaboration amongst the parties (Attachment #1) which will provide a framework to advance regional water resource solutions. The MOU was approved by Calleguas on May 16, 2022, the Las Virgenes Municipal Water District on May 18, 2022, and the Camrosa Water District on May 26, 2022.

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This meets City Council’s Top Ten Priorities #9 to, “Adopt and implement two-year Operating and Capital Improvement budgets that are aligned with best practices on fiscal sustainability and financial resiliency. Make strategic investments in existing critical public works infrastructure including pavement management, sidewalks, water resources, and streetscape.”
CIP PROJECT PRIORITY (as outlined in FY 2021-22 and FY 2022-23 CIP Program Budget)
Priority One – Addresses Health and Safety, legal and regulatory requirements, or a top City Council Priority.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

PREPARED BY: Nader Heydari, Deputy Public Works Director Attachment:

Attachment #1 – MOU for Water Resources
Collaboration
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ATTACHMENT #1

MEMORANDUM OF UNDERSTANDING

FOR WATER RESOURCES DEVELOPMENT COLLABORATION

AMONG CALLEGUAS MUNICIPAL WATER DISTRICT, CAMROSA WATER

DISTRICT, CITY OF THOUSAND OAKS, AND LAS VIRGENES-TRIUNFO JOINT

POWERS AUTHORITY
This Memorandum of Understanding (“MOU”) is entered into as of ___________, 2022 (the “Effective Date”) by and between CALLEGUAS MUNICIPAL WATER DISTRICT (“CALLEGUAS”), CAMROSA WATER DISTRICT (“CAMROSA”), THE CITY OF THOUSAND OAKS (“CITY”), and LAS VIRGENES-TRIUNFO JOINT POWERS AUTHORITY (“JPA”). CITY, CALLEGUAS, CAMROSA and JPA may each be referred to herein individually as “Party” and collectively as “Parties”

RECITALS

AGENCY DESCRIPTIONS
WHEREAS, CALLEGUAS is a Municipal Water District that provides potable water service to the cities of Camarillo, Moorpark, Oxnard, Port Hueneme, Simi Valley, and Thousand Oaks and surrounding unincorporated areas; and WHEREAS, CAMROSA is a Special District organized under the California Water Code that provides potable water, non-potable surface water, recycled water, and wastewater collection and treatment services to the unincorporated Santa Rosa Valley and portions of Camarillo; and
WHEREAS, CITY is a General Law City that provides potable water to a portion of the CITY and wastewater collection and treatment services to a majority of the CITY; and WHEREAS, Las Virgenes Municipal Water District (“LVMWD”) is a Municipal Water District that provides potable water, recycled water, and wastewater collection and treatment services to the cities of Agoura Hills, Calabasas, Hidden Hills, and Westlake Village and surrounding unincorporated areas of Los Angeles County, including West Hills and Chatsworth; and
WHEREAS, Triunfo Water and Sanitation District (“TWSD”) is a Special District that provides water and wastewater collection services to the communities of Oak Park, North Ranch, Lake Sherwood, and a portion of the CITY; and
WHEREAS, the JPA is a partnership between LVMWD and TWSD to provide wastewater treatment, recycled water distribution, and biosolids composting to their collective service area.

SUPPLY
WHEREAS, CALLEGUAS, as a Metropolitan Water District of Southern California (“Metropolitan”) member agency, distributes imported water, primarily from the State Water Project (“SWP”), on a wholesale basis to its member purveyors, including CAMROSA, the CITY, and TWSD; and
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WHEREAS, CAMROSA receives imported water from CALLEGUAS, delivers groundwater from the Arroyo Santa Rosa Valley, Pleasant Valley, and Tierra Rejada Valley Groundwater Basins, and delivers non-potable/recycled water from multiple sources for various purposes; and
WHEREAS, the CITY is primarily dependent on imported water purchased from CALLEGUAS, but has access to a limited amount of groundwater from the Thousand Oaks Area Groundwater Basin, which is generally impaired and currently only being used for limited irrigation purposes; and
WHEREAS, TWSD’s potable supplies are entirely imported water from CALLEGUAS; and
WHEREAS, the CITY discharges tertiary-treated recycled water effluent from the Hill Canyon Treatment Plant (HCTP) into Conejo Creek, which CAMROSA diverts under Water Right Permit 20952, Water Right Decision 1638, and as provided by the sales agreement between the CITY and CAMROSA that expires in 2054; and WHEREAS, LVMWD, as a Metropolitan member agency, delivers imported water primarily from the SWP to its customers; and
WHEREAS, the JPA produces and conveys wholesale recycled water to LVMWD and TWSD that is distributed by the two agencies for non-potable uses throughout their respective service areas.

CHALLENGES
WHEREAS, imported water supplies are vulnerable to shortages due to drought, natural disasters such as earthquakes, and the long-term effects of climate change, as illustrated by five percent allocations from the SWP to SWP contractors for 2021 and 2022; and
WHEREAS, regulations for municipal separate storm sewer systems (MS4s) that aim to reduce sediment and pollutant loads originating from urban areas will require new approaches to the management of urban runoff, stormwater, and discharges from community water systems; and
WHEREAS, regulations for groundwater quality, both for potable water production and recycled water irrigation, continue to proliferate, increasing the cost and constraining the potential for such projects.

OPPORTUNITIES
WHEREAS, the JPA is currently advancing the Pure Water Project Las VirgenesTriunfo, an innovative potable reuse project that will produce up to 5,000 acre-feet of locally-sourced and drought-resilient water supply for the region by purifying excess recycled water produced at the Tapia Water Reclamation Facility; Item No.7J
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WHEREAS, a key element of the Pure Water Project Las Virgenes-Triunfo will be a 6-million-gallon-per-day advanced water purification facility (AWPF) that is expected to have available capacity for additional source water due to the lack of sufficient source water when the JPA’s non-potable/recycled water demands are highest; and WHEREAS, in September 2020, the CITY, JPA, CALLEGUAS, and CAMROSA completed a Regional Brine Management Study that highlighted the merits of collaboration on a potential regional brine disposal pipeline to connect to Calleguas’ Salinity Management Pipeline (SMP); and
WHEREAS, on January 5, 2021, the CITY published its Hill Canyon Treatment Plant Master Plan that evaluated a variety of future water resource alternatives and ranked the Pure Water Project Las Virgenes-Triunfo (Alternative 5 – Indirect Potable Reuse via Surface Water Augmentation at Las Virgenes Reservoir) as a favorable opportunity; and WHEREAS, in July 2021, LVMWD completed a Phase 2 White Paper: Tapping into Available Capacity in Existing Infrastructure to Create Water Supply and Water Quality Solutions, which illustrates the opportunity to divert urban runoff and first-flush stormwater to regional wastewater systems as a means to enhance receiving water quality and increase water supplies available for recycling; and
WHEREAS, the JPA has completed a preliminary Water Augmentation Study for the Pure Water Project Las Virgenes-Triunfo in an effort to support the future year-round operation of the proposed AWPF, and the study highlighted the merits of treating potential supply sources from the CITY, including impaired groundwater, effluent from the HCTP and/or diverted urban runoff and/or stormwater; and
WHEREAS, CAMROSA desires to maintain and possibly improve the quality of HCTP effluent to maintain and possibly improve the quality of water diverted at the Conejo Creek Diversion Structure for their existing non-potable/recycled water agriculture customers and are interested in new potential groundwater storage and augmentation to existing supply; and
WHEREAS, CAMROSA is currently updating its Master Plan and continues to pursue opportunities that reduce dependence on SWP water; and WHEREAS, CALLEGUAS and LVMWD are jointly constructing an interconnection between their potable water systems that will enable them to deliver water to each other under certain circumstances; and
WHEREAS, CALLEGUAS has prepared a Water Supply Alternatives Study that evaluates more than 100 potential projects to meet demands during imported water outages, many of which also offer benefits during drought or normal operation and could benefit from participation by regional partners such as the Parties; and WHEREAS, CALLEGUAS owns and operates an SMP that provides an opportunity for discharge of brine from membrane treatment of brackish groundwater and recycled water; and
Item No.7J
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WHEREAS, this is not intended to be a complete list of all relevant documents, opportunities, or potential projects, and additional opportunities are anticipated to be identified in the future.

NOW, THEREFORE, in consideration of the mutual benefits and representations made herein, the Parties hereby agree as follows:

Section 1: Purposes and Goals
A. The CITY, CALLEGUAS, CAMROSA, and JPA jointly desire to further their collaborative relationship to diversify their water supply portfolios; improve the reliability of water service to their respective customers; develop additional available water resources such as impaired groundwater, urban runoff, stormwater, treated effluent, groundwater storage, and aquifer recharge; minimize or eliminate the need for duplicative infrastructure investments; and reduce the overall cost of service to their respective ratepayers.

B. Potential joint efforts among the parties may include, but are not limited to, development of additional water sources for the JPA’s Pure Water Project Las Virgenes-Triunfo AWPF, such as impaired groundwater from the CITY’s Los Robles Well and/or dry weather diversion flows; implementation of actions identified in CAMROSA’s Updated Master Plan to reduce dependence on SWP supplies; advancement of mutually-beneficial projects identified in the Calleguas Water Supply Alternatives Study; and regional collection of brine for disposal through the CALLEGUAS SMP.

C. The Parties desire to coordinate and share information concerning water resource management planning programs, projects, and other information; and desire to improve and maintain overall communication among themselves. It is anticipated that coordination and information sharing among the Parties will assist the agencies in achieving their respective goals in a cost-effective and environmentally responsive manner and contribute to the overall well-being of the region.

D. The Parties also desire to express their willingness to enter into collaborative relationships with entities that are not initial signatories to this MOU. The Parties agree that such other entities, once identified and assented to by the original Parties, may be added as a Party to this MOU upon the execution of an amendment hereto by those entities. Each amendment will identify the entity to be added, state the nature of that entity’s current and future involvement in water resource planning, and affirm their intent to abide by the terms of this MOU. The Parties to this MOU agree that their signatories to this MOU, and or designees of same, are authorized to provide their assent to the addition of a new party without further action by their respective governing bodies.

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IN WITNESS WHEREOF, the parties have executed this MEMORANDUM OF UNDERSTANDING by their duly authorized representatives as of the EFFECTIVE DATE. [signatures on next page]
Item No.7J
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CITY OF THOUSAND OAKS
___________________________________
Bob Engler
Mayor
Attest:
__________________________________
Cynthia M. Rodriguez
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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CALLEGUAS MUNICIPAL WATER DISTRICT
___________________________________
Anthony Goff
General Manager
Attest:
__________________________________
Kara Wade
Clerk of the Board
Approved as to Form:
___________________________________
Robert Cohen
District Counsel
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CAMROSA WATER DISTRICT
___________________________________
Name
Title
Attest:
__________________________________
Name
Title
Approved as to Form:
___________________________________
Name
Title
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LAS VIRGENES MUNICIPAL WATER DISTRICT
As Administrating Agent and on behalf of LVMWD and TWSD for the

LAS VIRGENES-TRIUNFO JOINT POWERS AUTHORITY
__________________________________
David W. Pedersen
General Manager
Attest:
__________________________________
Name
Title
Approved as to Form:
__________________________________
Name
Title
Item No.7J
TO: Andrew P. Powers, City Manager
FROM: Clifford G. Finley, Public Works Director
DATE: June 14, 2022
SUBJECT: Annual School Crossing Guard Program Review
RECOMMENDATION:

Discontinue crossing guard service beginning the 2022-23 school year at the following locations due to pedestrian and vehicle volumes not meeting City minimum standards for crossing guard placement:

1. Janss Road and Marlow Street – Aspen Elementary

2. Lynn Road and Knollwood Drive – Banyan Elementary

3. Windsor Drive and Spalding Street – Glenwood Elementary

4. Calle Damasco and Calle Almendro – Ladera Elementary

5. Camino Manzanas and Marian Avenue – Madroña Elementary FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time to prepare staff report included in Adopted FY 2021-22 General Fund Budget. Closure of locations will reduce estimated annual program costs by approximately $85,000.

BACKGROUND:

There are currently 24 City-managed school crossing guard locations serving 20 school campuses, consisting of 15 elementary schools (ES) and five middle schools (Attachments #1 and #2). Each year, staff conducts vehicle and pedestrian counts, which measure the volume of activity, at crossing locations. This year’s elementary school counts were conducted in March 2022. Middle schools were not counted this year due to a high level of confidence based on field observation that they fully meet the criteria for crossing guard placement due to very high pedestrian and vehicle activity at those locations. Counts are conducted during good weather conditions, not on school early release or late start days, and not immediately before or after holidays to measure typical vehicle and pedestrian activity.

Item No.7K
Annual School Crossing Guard Program Review
June 14, 2022

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The California Manual on Uniform Traffic Control Devices (CA MUTCD) establishes minimum vehicle and pedestrian standards for crossing guard assignment. City standards are even lower for pedestrian and vehicle volumes, permitting crossing guards at locations with lower vehicle and pedestrian numbers.

Schools must meet both pedestrian and vehicle count standards to be considered for crossing guard service. The number of student pedestrians (grades K-8) and conflicting vehicle movements must exceed all minimum City thresholds during both morning (arrival) and afternoon (dismissal) peak periods.

The City (marked in bold) and State crossing guard pedestrian and vehicle count standards are shown below in Table 1:

Table 1 – Crossing Guard Standards
Minimum Peak Hour
Location Type Volumes AM and PM
Vehicles Pedestrians
Uncontrolled Intersection – no traffic
control on higher volume approaches (2-
way stop)
City
State
300
350
20 40
Controlled Intersection – traffic control on
all approaches (4-way or 3-way stop)
City
State
300
500
20 40
Signalized Intersection City
State
300
500
20 40
Crossing guard standards exist to effectively evaluate the need for crossing guards objectively by comparing data collected against well thought out requirements so decisions to place crossing guards are consistent. The standards were developed by the State through significant study. Meeting both pedestrian and vehicle minimum thresholds indicates the potential need for adult supervision to assist students to find gaps in traffic flow to cross the street.

DISCUSSION/ANALYSIS:

During the March 2022 analysis, vehicle and pedestrian counts at 10 locations failed to fully meet all City standards for crossing guard placement. Of those 10, five are recommended for closure for the upcoming 2022-23 school year (Attachments #3 and #4). The data and results from these five locations are summarized below in Table 2. The other five school crossing locations counted this year that failed to fully meet vehicle count criteria did meet the minimum pedestrian criteria and are recommended for further evaluation in the 2022-23 school year.

Item No.7K
Annual School Crossing Guard Program Review
June 14, 2022

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Table 2 – 2021-22 Pedestrian and Vehicle Conflict Data
School Intersection Vehicle
Count
Pedestrian
Count
Vehicle
City
Standard
Pedestrian
City
Standard
AM PM AM PM Meet
AM
Meet
PM
Meet
AM
Meet
PM
Aspen Janss/
Marlowe 1,146 1,056 5 6 Yes Yes No No
Banyan Lynn/
Knollwood 1,151 960 1 6 Yes Yes No No
Glenwood Windsor/
Spalding 251 171 11 27 No No No Yes
Ladera Calle Damasco/
Calle Almendro 222 50 34 12 No No Yes No
Madroña Calle Manzanas/
Marian 134 124 4 10 No No No No
The vehicle and pedestrian counts in Table 2 above were taken for one hour during peak hours in the morning when students arrive for school and again for one hour in the afternoon as students are dismissed. These five schools were also studied in Fall 2021 and have now failed to fully meet the standards two consecutive counts.

Due to the COVID-19 pandemic and related impacts on school attendance in the 2019-20 and 2020-21 school years, counts were not conducted. The last complete counts were conducted in the 2018-19 school year. Those counts are shown below in Table 3 for comparison, and demonstrate consistency with current counts:

Table 3 – 2018-19 Pedestrian & Vehicle Data
School Intersection Vehicle
Count
Pedestrian
Count
Vehicle City
Standard
Pedestrian
City
Standard
AM PM AM PM Meet
AM
Meet
PM
Meet
AM
Meet
PM
Aspen Janss/
Marlowe 800+ 755 7 9 Yes Yes No No
Banyan Lynn/
Knollwood 800+ 800+ 12 14 Yes Yes No No
Glenwood Windsor/
Spalding 278 231 16 19 No No No No
Ladera Calle Damasco/
Calle Almendro 319 252 13 16 Yes No No No
Madroña Calle Manzanas/
Marian 202 177 14 12 No No No No
Schools that did not meet the standards for the 2021-22 school year also failed to meet the standards in the 2018-19 school year, the last time counts were conducted.

Item No.7K
Annual School Crossing Guard Program Review
June 14, 2022

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Due to crossing guard program staffing challenges prevalent this 2021-22 school year, Banyan Elementary School has not had an assigned crossing guard all school year, Aspen Elementary School has not had an assigned crossing guard for most of the school year, and Madroña Elementary School did not have a crossing guard for most of January and February. Few comments or concerns from residents were received as a result of the absence of a crossing guard at these locations.

The remaining crossing guard locations counted this school year fully met the standards for crossing guard placement and no changes are recommended for these schools nor are any additional crossing guard locations under consideration at this time.

Staff presented its recommendation to the Traffic and Transportation Advisory Commission at their April 20, 2022 meeting. The members present voted unanimously to accept staff’s recommendation for the closure of the proposed five locations for the upcoming 2022-23 school year. There were no public comments received in opposition to the recommendation.

Ten locations did not fully meet the criteria for crossing guard placement in the last two counts. Closure of the following five locations for the upcoming 2022-23 school year is recommended, for failing to meet the standards for crossing guard placement, including very low pedestrian volumes:

1. Aspen ES - Janss Road and Marlowe Street

2. Banyan ES - Lynn Road and Knollwood Drive

3. Glenwood ES - Windsor Drive and Spalding Street

4. Ladera ES - Calle Damasco and Calle Almendro

5. Madroña ES - Camino Manzanas and Marian Avenue
While the following locations also failed to fully meet standards in the two most recent counts, they do meet minimum pedestrian count criteria. Staff will continue to monitor these locations during the upcoming school year and if they fail to meet standards for the third consecutive year, closure in the future may be recommended.

1. Cypress ES - Kimber Drive and Havenside Avenue

2. Lang Ranch ES - Whitechapel Place and Sandhurst Avenue

3. Land Ranch ES - Whitechapel Place and Knightsbridge Avenue

4. Weathersfield ES - Camino Calandria and Darlington Drive

5. Westlake Hills ES - Cascade Avenue and Panamint Court Item No.7K
Annual School Crossing Guard Program Review
June 14, 2022

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Community Outreach: The results of the counts were presented and discussed with staff of the Superintendent’s Office of the Conejo Valley Unified School District (CVUSD) in April 2022. The recommendation to discontinue crossing guard services at five locations this year and the potential for closure of five additional locations in future years was also reviewed. CVUSD personnel understood the recommendation and indicated they would share the information with the individual school principals. Notices were prepared and distributed to the principals of each of the five schools recommended for closure next school year so parents would be informed of their opportunity to attend this meeting. In addition, the item was presented to the City’s Traffic and Transportation Advisory Commission in April 2022.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

PREPARED BY: Mike Houser, Transit Program Manager
Attachments:

Attachment #1 – School Crossing Guard Location Map
Attachment #2 – List of School Crossing Guard Locations Attachment #3 – Maps of Individual Closure Locations 1-5 Attachment #4 – School Crossing Guard Location Map with Highlights DPW:590-70\mh\etm\Council\2022\061422 Crossing Guard Program Review staff report.docx Item No.7K
DPW:590-70\mh\etm\Council\2022\061422 Crossing Guard Program Review Item No.7K

SCHOOL CROSSING GUARD LOCATIONS
20 ATTACHMENT #2
SCHOOL
ES - Elementary School
MS - Middle School

1. ACACIA ES GAINSBOROUGH RD DOVER AVE

2. ASPEN ES JANSS RD MARLOWE ST

3. BANY N ES LYNN RD KNOL WOOD DR

4. COLINA MS HILLCREST DR RANCHO RD

5. CONEJO ES CONEJO SCHOOL LOS FELIZ DR

6. CYPRESS ES KIMBER DR HAVENSIDE AVE
. EARTHS ES REDFIELD AVE MICHAEL DR
. GLENWOOD ES WINDSOR DR SPALDING ST
. LADERA ES AVE DE LOS ARBOLES AVE DE LAS PLANTAS
1 . LADERA ES CALLE DAMASCO CALLE ALMENDRO

13. LOS CERRITOS MS ERBES RD AVE DE LAS FLORES
1 . LANG RANCH ES WHITECHAPEL PL KNIGHTSBRIDGE AVE
1 . LANG RANCH ES WHITECHAPEL PL SANDHURST AVE
1 . MADRONA ES CAMINO MANZANAS MARIAN AVE
1 . MAPLE ES BAXTER ST KIMBER DR
1 . MATES ES LA GRANADA AVE WILDER ST
1 . REDWOOD MS GAINSBOROUGH RD CAMINO MANZANAS
. SEQUOIA MS BORCHARD RD THERESA DR
. SYCAMORE CYN K-8 VIA RIO CALLE DEL PRADO
. SYCAMORE CYN K-8 VIA RIO VIA LAS BRISAS
2 . SYCAMORE CYN K-8 VIA RIO VIA MIRABELLA
2 . WEATHERSFIELD ES CAMINO CALANDRIA DARLINGTON DR
2 . WILDWOOD ES AVE DE LOS ARBOLES VELARDE DR

INTERSECTION
2 . ES
DPW:590-70\mh\etm\Council\2022\061422 Crossing Guard Program Review Item No.7K
ATTACHMENT #3 Schools Listed Alphabetically Aspen Elementary West Janss Road at Marlowe Street DPW:590-70\mh\etm\Council\2022\061422 Crossing Guard Program Review Item No.7K
Banyan Elementary School Lynn Road and Knollwood Drive DPW:590-70\mh\etm\Council\2022\061422 Crossing Guard Program Review Item No.7K
Glenwood Elementary Windsor Drive and Spalding Street DPW:590-70\mh\etm\Council\2022\061422 Crossing Guard Program Review Item No.7K
Ladera Elementary Calle Damasco and Calle Almendro DPW:590-70\mh\etm\Council\2022\061422 Crossing Guard Program Review Item No.7K
Madroña Elementary Camino Manzanas and Marian Avenue (County Unincorporated) DPW:590-70\mh\etm\Council\2022\061422 Crossing Guard Program Review Item No.7K
DPW:590-70\mh\etm\Council\2022\061422 Crossing Guard Program Review Item No.7K
TO: Andrew P. Powers, City Manager
FROM: Clifford G. Finley, Public Works Director
DATE: June 14, 2022
SUBJECT: Agreement for Landscape Maintenance Services with Venco Western, Inc.

RECOMMENDATION:

1. Approve Landscape Maintenance Services Agreement with Venco Western, Inc., Oxnard CA, for a total not to exceed amount of $11,988,103.42, and a term of July 1, 2022 through June 30, 2027.

2. Approve expenditure for FY 2022-23 of $2,323,320 ($2,023,320 base contract plus $300,000 for extra services).

3. Approve budget appropriation increase to the FY 2022-23 Operating Budget in the amount of $350,000 in various funds as follows:
a. $300,000 from A/C #142-0000-311-1000 (Landscape Fund, Fund Balance) to A/C #142-5630-632-5610 (Landscape Assessment Districts – Contracted Landscape Services)
b. $15,000 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-3582-632-5610 (Thousand Oaks Transportation Center – Contracted Landscape Services)
c. $6,000 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C # 001-3590-612-5610 (403 Hillcrest – Contracted Landscape Services) d. $25,000 from A/C #611-0000-341-9900 (Water Fund, Net Position) to A/C #611-8050-682-5610 (Reservoirs – Contracted Landscape Services) e. $1,500 from A/C #611-0000-341-9900 (Water Fund, Net Position) to A/C #611-8040-682-5610 (Pump Stations – Contracted Landscape Services) f. $2,500 from A/C #621-0000-341-9900 (Wastewater Fund, Net Position) to A/C #621-8220-682-5610 (Lift Stations – Contracted Landscape Services) Item No.7L
Agreement for Landscape Maintenance Services with Venco Western, Inc.

June 14, 2022

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FINANCIAL IMPACT:
$350,000 Increase to FY 2022-23 General Fund, Landscape Fund, Water Fund, and Wastewater Fund Budgets. $1,973,320 is included in the Adopted FY 2022-23 General Fund, Landscape Fund, Water Fund, and Wastewater Fund Operating Budgets. $350,000 increase in budget is requested to cover additional contract expenses resulting from increased scope of work, labor, and material costs. Budget for future contract years will be included in the upcoming biennial budget process.

BACKGROUND:

The Public Works Department is responsible for maintaining and enhancing over

13.6 million square feet of landscape. This includes medians, parkways, fuel modification buffer zones, slopes along major streets, City buildings, and other City-owned facilities. Maintenance costs are paid out of the General Fund, Landscape Fund, Water Fund, and Wastewater Fund.

The current cost for contracted landscape services is approximately $1.3 million per year. An additional $300,000 per year is allocated for extra services including after-hours emergency work or unscheduled repairs that result from extraordinary events such as severe weather, vehicle accidents, and vandalism. The current Landscape Maintenance Contract expires on June 30, 2022.

DISCUSSION/ANALYSIS:

In accordance with Government Code section 4526 and Thousand Oaks Municipal Code section 3-10.401, staff solicited a formal Request for Proposals (RFP) for Landscape Maintenance Services in March 2022. Unlike the low bid requirements of the Public Contract Code, contracts for professional, management, general, or special services should only be awarded to firms or persons who have demonstrated an adequate level of experience, competence, training, credentials, resources, staffing, and other professional qualifications necessary for more than a satisfactory performance of the services solicited.

The award of an RFP is based upon a variety of factors that demonstrate best value to the agency for the solicited scope of service. The cost of the service may be considered as one of those factors; however, the lowest cost is not the sole factor in deciding who will be awarded the contract. On March 18, 2022, an invitation to participate in a formal RFP for Landscape Maintenance Services was publicly advertised on the City’s website and in local newspapers. The following five companies submitted proposals on April 15, 2022:

Item No.7L
Agreement for Landscape Maintenance Services with Venco Western, Inc.

June 14, 2022

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Company Location

1. American Heritage Landscape LLC Canoga Park, CA

2. Enhanced Landscape Management Valencia, CA

3. JAS Landscape, LLC Oxnard, CA

4. Mariposa Landscapes, Inc. Irwindale, CA

5. Venco Western, Inc. Oxnard, CA
As part of the RFP process, an evaluation committee was created consisting of representatives from the City’s Public Works and Finance Departments. The committee evaluated proposals based on experience, references, project understanding, price, and quality assurance. Through the proposal evaluation process, the Committee determined that Venco Western, Inc. (Venco) is the most qualified contractor and provided the best value for the City. Venco’s overall professional proposal package stood out above the other proposers. Factors that contributed to this include:

1. High standard of customer service

2. Established Thousand Oaks service yard

3. Use of an internal work order system

4. Detailed documentation and reporting to the City

5. Historical long-term retention of employees

6. Regularly scheduled staff training on Storm Water prevention, safety, and water conservation

7. Field reporting and contact through technology utilizing tablets and smart phones

8. Exclusive managerial, labor and customer service staff exclusive to serving Thousand Oaks

9. Modern company vehicles and equipment with company logo

10. Ability to make mulch from City generated green waste and wood chips

11. Strong company financial standing
Venco is a family-owned business that has been in service since 1977. They are providing landscape maintenance services for the cities of Simi Valley and Calabasas. Venco has successfully provided services for the City in the past and is the City’s current service provider for landscape maintenance services.

Services to be performed under this agreement include maintenance of trees, shrubs, vines, ground covers, turf areas (until retrofit is complete), weed and pest control, repair and maintenance of irrigation systems, and any appurtenant structures or equipment that are part of or located within the landscape areas of the City.

Item No.7L
Agreement for Landscape Maintenance Services with Venco Western, Inc.

June 14, 2022

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The cost breakdown for each year of the contract is shown in the following table:

Venco Western, Inc. Landscape Maintenance Service Contract Fiscal Year Contract Cost Extra Services Total
2022-23 $ 2,023,320.00 $ 300,000 $ 2,323,320.00
2023-24 $ 2,023,320.00 $ 300,000 $ 2,323,320.00
2024-25 $ 2,084,013.52 $ 300,000 $ 2,384,013.52
2025-26 $ 2,146,530.67 $ 300,000 $ 2,446,530.67
2026-27 $ 2,210,919.23 $ 300,000 $ 2,510,919.23
Total Cost $10,488,103.42 $ 1,500,000.00 $11,988,103.42 Staff recommends award of the five-year Landscape Maintenance Services Agreement (Attachment #1) with Venco Western, Inc.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

PREPARED BY: David Chavez, Landscape Maintenance Supervisor Attachments:

Attachment #1 – Landscape Maintenance Services Agreement DPW 600-30\ev\dc\kw\Council\2022\061422\Landscape Maintenance Services Agreement staff report.docx Item No.7L
ATTACHMENT #1
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AGREEMENT FOR GENERAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
VENCO WESTERN, INC.

THIS AGREEMENT, made and entered into this 14th day of June, 2022, by and between the CITY OF THOUSAND OAKS, a municipal corporation (hereinafter referred to as "City"), and Venco Western, Inc. (hereinafter referred to as "Contractor"). City and Contractor agree as follows:

1. RETENTION OF CONTRACTOR
City hereby retains Contractor, and Contractor hereby accepts such engagement, to perform the services described in Section 2. Contractor warrants it has the qualifications, experience, and facilities to properly and timely perform said services.

2. DESCRIPTION OF SERVICES
The general services to be performed by Contractor are as follows and are more particularly described in the Scope of Work, attached as Exhibit “A” and incorporated herein: landscape maintenance services.

3. COMPENSATION AND PAYMENT
(a) Maximum. The total compensation earned by or payable to the Contractor, by City, for any and all services under this Agreement shall not exceed $11,988,104.00 for the term of the contract (herein "not to exceed amount”), and shall be earned as work progresses, and/or upon completion of work.

Compensation is defined as either 1) “Lump Sum” based on individual areas, or 2) “Time and Materials” per mark-ups as stated in the Compensation Schedule attached as Exhibit B as agreed upon by written authorization by City. All labor costs subject to Department of Industrial Relations (DIR) will comply with Prevailing Wage requirements more fully described in Section 5, and in the limits as described. (b) Payment. All payments shall be made within 30 days after receipt of written verification from the Contractor of the actual compensation earned, in a form satisfactory to City's Project Manager.

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4. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by Contractor shall be accomplished under the general direction of, and in coordination with, City's "Project Manager", as that staff person is designated by City from time to time, and who presently is, David Chavez, Landscape Maintenance Supervisor.

5. TERMS OF PERFORMANCE
Non-Exclusivity. This Agreement is non-exclusive. City reserves the rights to retain, employ, or contract with other qualified services providers during the term of this Agreement on such occasions and in such circumstances as City shall determine are appropriate.

Ability to Perform. Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations.

Laws to be Observed. Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws as well as with Ventura County and City of Thousand Oaks ordinances, regulations and adopted codes during its performance of the work.

Payment of Taxes. The contract prices shall include provision for all taxes that the Contractor is required to pay. Contractor is responsible for all taxes required to be paid under this Agreement.

Permits and Licenses. Contractor shall procure all permits and licenses, pay all charges and fees, and give all necessary or legally required notices.

Prevailing Wage. Contractor is obligated to pay prevailing wages under the California Labor Code. Contractor agrees to indemnify, defend and hold City harmless from any claim that prevailing wages should have been paid, and shall be liable for the payment of the same and any penalties thereon. It is the responsibility of the Contractor to be familiar with the California Labor Code, and failure or neglect of the Contractor to understand the California Labor Code shall in no way relieve Contractor from any obligations.

Department of Industrial Relations Requirements. The Work is subject to the payment of not less than prevailing wages under California Labor Code Section 1770 et seq. The work is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial relations pursuant to Labor Code section 1725.5.

Item No.7L
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Safety Provisions. Contractor shall conform to the rules and regulations pertaining to safety established by Occupational Safety & Health Administration (OSHA) and the California Division of Industrial Safety.

Preservation of City Property. Contractor shall provide and install suitable safeguards, approved by City, to protect City property from injury or damage. If City property is injured or damaged as a result of Contractor's operations, it shall be replaced or restored within a reasonable time at Contractor's expense. The facilities shall be replaced or restored to a condition as good as when Contractor began work.

Subcontractors. Contractor shall be solely responsible for ensuring that any subcontractors used in completing tasks under the Agreement comply with all pertinent laws and regulations as well as the relevant terms of this Agreement. City shall have no obligation to monitor or oversee subcontractors.

Immigration Act of 1986. Contractor warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.

Contractor Non-Discrimination. In the performance of this work, Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons.

Work Delays. Should Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at City's sole option, be extended for such periods as may be agreed upon by City and Contractor.

Inspection. Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of Contractor are being performed in accordance with the requirements and intentions of this Agreement. All work done and all materials furnished, if any, shall be subject to City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements.

Audit. Contractor shall maintain, in accordance with generally accepted accounting principles, complete and accurate records of all activities and operations relating to this Agreement. Records, including but not limited to, timecards, employment records, work progress reports, reimbursements, invoices, project records, proprietary data and information, as well as licensed software and any electronic records shall be kept for a period of four years beyond the termination or expiration of this Agreement. Contractor agrees that City, or its authorized representative, shall have the right to examine, audit, excerpt, copy or transcribe any of the records pertaining to this Agreement at any time Item No.7L
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during normal business hours. Contractor shall reimburse City for all reasonable costs of the audit, including travel time and auditor costs, should such audit reveal an overcharge of five (5) percent or more. Any overcharge will be considered a breach of this Agreement and could be cause for termination. The obligations of this section shall be explicitly included in any subcontracts or other agreements entered into by Contractor with respect to this Agreement, if allowed by this Agreement.

6. TERM, PROGRESS AND COMPLETION
This Agreement shall expire on, June 30, 2027 unless Contractor's authorized work assigned before the expiration of the term is not completed by that date. If work has not been completed during the allotted Agreement period, the terms and conditions of the Agreement, including all rights and obligations, shall remain in effect and bind the parties until the work is completed.

Contractor shall not commence work on the services to be performed until (i) Contractor furnishes proof of insurance as required by paragraph 9 below, and (ii) City gives written authorization to proceed with the work provided by City’s Project Manager.

7. NO ASSIGNMENT
This Agreement is not assignable by Contractor without City's prior consent in writing.

8. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for Contractor's Damages. Contractor holds City, its elected officials, officers, agents, employees and volunteers, harmless from all of Contractor's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Contractor, to Contractor's employees, to Contractor’s contractors or subcontractors, or to the owners of Contractor's firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or performance of any activity or work required under this Agreement.
(b) Defense and Indemnity of Third Party Claims/Liability. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse City its costs of defense, including without limitation reasonable legal counsels fees, Item No.7L
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expert fees and all other costs and fees of litigation. Contractor shall promptly pay City any final judgment rendered against City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination or expiration of this Agreement.

Contractor’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.

However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractorwill be for that entire portion or percentage of liability not attributable to the active negligence of City.
(c) Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 9.

9. MINIMUM SCOPE AND LIMIT OF INSURANCE
Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, and any extension thereof, policies of insurance of the type and amounts described below and in a form that is satisfactory to City.

Coverage shall be at least as broad as:
(a). Commercial General Liability (CGL): Contractor shall, at Contractor’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry General Liability insurance coverage at least as broad as Insurance Services form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate for bodily injury, personal and advertising injury and property damage, including with limitation, blanket contractual liability. (b). Automobile Liability: Contractor shall, at Contractor’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry Automobile Liability insurance coverage at least as broad as Insurance Services form CA 00 01 or the exact equivalent covering bodily injury and property damage for all activities Item No.7L
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of Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage of any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c). Worker’s Compensation: Contractor shall, at Contractor’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry workers’ compensation statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for bodily injury or disease. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers for all work performed by Contractor, its employees, agents and subcontractors.

If the Contractor maintains higher limits than the minimum shown above, City requires and shall be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 10 01 and CG 20 37 10 01 if a later edition is used). The provision shall also apply to any excess liability policies. In addition, Contractor shall ensure that the automobile liability policy contains a provision covering City as an additional insured, and shall obtain an endorsement to that effect if it does not.

Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Umbrella or excess policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be “pay on behalf” with defense costs payable in addition to policy limits. There shall be no cross liability exclusion of claims or suits by one insured against the other. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City as required in written contract or agreement before City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

Item No.7L
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Thousand Oaks City CouncilJune 14, 2022

Thousand Oaks City Council
June 14, 2022