Agenda packet — Thousand Oaks City Council, December 6, 2022 (part 3 of 4)

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APPENDIX C

CONSULTANT DESCRIPTION

1. Fair Political Practices Commission Regulation (California Code of Regulations §18700.3) defines “consultant” as an individual who, pursuant to a contract with a state or local government agency:

A. Makes a governmental decision whether to:
(i) Approve a rate, rule or regulation;
(ii) Adopt or enforce a law;
(iii) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement; (iv) Authorize the agency to enter into, modify or renew a contract provided it is the type of contract that requires agency approval; (v) Grant agency approval to a contract that requires agency approval and to which the agency is a party or to the specifications for such a contract;
(vi) Grant agency approval to plan, design, report, study or similar item; (vii) Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or
B. Serves in a staff capacity with the agency and in that capacity participates in making a governmental decision as defined in regulation 18704(a) and (b) or performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency’s Conflict of Interest Code under Government Code § 87302.

2. Consultants (individuals working with the City) may be included in the list of designated employees and shall disclose pursuant to determination of City Clerk, with consultation with City Attorney and hiring department as necessary.

Item No.7H

TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:December 6, 2022
SUBJECT: Fats, Oils, and Grease Waste Acceptance
RECOMMENDATION:

1. Approve first amendment to agreements with Alpha Pumping, Inc. (Van Nuys, CA), Coastal Byproducts (Oxnard, CA), Buron’s Preferred Pumping (Agoura Hills, CA), and ETP, Inc. (Newhall, CA) to extend terms through December 31, 2027, for continued delivery and disposal of restaurant fats, oils, and grease waste at the Hill Canyon Treatment Plant.

2. Authorize City Manager to approve future price adjustments for Fats, Oils, and Grease waste acceptance, as negotiated between City Project Manager and waste haulers, by written amendment to agreements.

3. Find that this action is not a “project” as defined under the California Environmental Quality Act.

FINANCIAL IMPACT:

No Additional Funding Requested. Staff costs related to amending the agreements are included in the Adopted FY 2022-23 Wastewater Fund Budget.

Revenue to the City’s Wastewater Fund is projected to reach up to approximately $700,000 annually through the term of these agreements and the budget will be included in the upcoming biennial budget process.

BACKGROUND:

The City’s Hill Canyon Treatment Plan (HCTP) is located at 9600 Santa Rosa Road and provides tertiary level wastewater treatment for the community. HCTP has received Fats, Oils, and Grease (FOG) since late 2007 from a variety of haulers for the purpose of augmenting biogas production for renewable energy generated through an on-site cogeneration system.

Item No.7I

FOG Waste Acceptance
December 6, 2022

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0 To keep wastewater collection pipelines clean, statewide regulations require municipalities to impose local ordinances that require FOG-producing restaurants to install and maintain grease traps or interceptors and have them cleaned regularly. Hauling companies then collect FOG from restaurants, as well as waste streams from food and beverage processing facilities, for a fee and dispose of the material. The FOG acceptance program provides a local and beneficial alternative for the clean disposal of FOG that would otherwise clog portions of the wastewater collection system.

It is common practice for the final destination treatment facilities to charge those haulers a “tipping fee” for the disposal of FOG waste. Long distance transportation of FOG waste to non-local facilities presents an environmental impact and contributes to the overall expense of hauling companies.

FOG is also a valuable food source used for anaerobic digestion to increase biogas production used by the cogeneration facility. Since 2007, HCTP has created renewable energy through two generating facilities, a 660-kW cogeneration facility and a 584-kW solar array. The cogeneration facility produces renewable electricity, further reducing energy costs and consumption.

DISCUSSION/ANALYSIS:

On June 25, 2019, City Council awarded four agreements to the following FOG waste haulers: Alpha Pumping, Inc. (Attachment #1), Coastal Byproducts, Inc. (Attachment #2), Buron’s Preferred Pumping (Attachment #3), and ETP, Inc. (Attachment #4). Under these agreements, the City charged each hauler a tipping fee of $0.07 cents per gallon, which equated to an annual revenue of approximately $320,000 over the past three years.

Currently, the term of each agreement will expire on December 31, 2022. To continue receiving a steady source of revenue from FOG waste, staff recommends City Council extend each agreement term by five years, through December 31, 2027, as well as increase its tipping fee from $0.07 cents to $0.10 cents per gallon and authorize City Manager to adjust future tipping fees to remain competitive.

Each hauler has expressed their desire to extend the agreement terms with the City and has agreed to the price adjustment.

With the recent completion of the rehabilitation of three digesters at HCTP, the City may increase FOG deliveries, thereby increasing gas production for the cogeneration facility. Based on the projected increased revenue from tipping fees, staff anticipates that annual revenue to the City will increase from $320,000 to approximately $700,000 annually in the first year of the contract.

Item No.7I

FOG Waste Acceptance
December 6, 2022

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0 The action of amending the current contracts for FOG disposal to increase the tipping fees and extend the term of the agreements is not a “project” under the California Environmental Quality Act because the City Council action will not result in any direct or reasonably foreseeable indirect physical change in the environment [14 CCR 15060(c)].

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

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.

I. Maintain a strong local employment base geared toward retaining high quality businesses; Sustain a healthy business community; and, Diversify the local economy, with a specific emphasis on small businesses and high technology/biomedical jobs.

PREPARED BY: Kim Sherman, Sr. Purchasing Specialist
Attachments:

Attachment #1 – Alpha Pumping, Inc. First Amendment
Attachment #2 – Coastal Byproducts, Inc. First Amendment Attachment #3 – Buron’s Preferred Pumping First Amendment Attachment #4 – ETP, Inc. First Amendment
DPW:290-10\ks\ev\Council\2022\12062022\FOG Waste Acceptance staff report.docx Item No.7I

ATTACHMENT #1
DPW:290-10\ks\ev\Council\2022\12062022\FOG Waste Acceptance Att 1.docx

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Project: Restaurant FOG and/or
Food Beverage Waste Disposal

FIRST AMENDMENT TO

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
ALPHA PUMPING, INC.

Contract No. 12093-2019
THIS FIRST AMENDMENT to the Agreement for Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter “City”) and ALPHA PUMPING, INC. (“Hauler”), entitled Restaurant FOG and/or Food Beverage Waste Disposal and dated June 25, 2019, (herein “Agreement”) is made this 31 st day of December 2022:

RECITALS
A. Section 3(a) of Agreement allows City to charge Hauler a tipping fee for the discharge and anaerobic digestion of Hauler’s specific waste stream into the City’s disposal facility located at Hill Canyon Treatment Plant, at the rate of $0.07 cents per gallon for all FOG loads, and $0.04 cents per gallon for all Food-Beverage Waste Loads.

B. City has expressed its desire to increase its tipping fee, and Hauler accepts the increased rate, effective January 1, 2023, as follows:
$0.10 cents per gallon for all FOG and Food-Beverage Waste Loads.

C. Section 6 of Agreement provides for the term of the Agreement to expire on December 31, 2022.

D. City desires to extend the term of the Agreement through December 31, 2027, and Hauler is desirous of providing services through the extended term.

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

Part 1. The Schedule of Fees, Exhibit B, is hereby replaced in its entirety by “Exhibit B-1,” attached hereto and incorporated herein by reference, which includes updated fees, effective January 1, 2023. The pricing reflected in Exhibit B-1 shall be valid through December 31, 2027, unless fees are negotiated upon by City Project Manager and Hauler with sixty (60) days’ prior notice and upon written amendment.

Item No.7I

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Part 2. Compensation and Payment Section 3(a) is hereby amended in its entirety to read as follows:

Rate. Hauler shall pay a tipping fee to the City’s wastewater treatment and disposal facility for the discharge and anaerobic digestion of their specific waste stream, performed under this Agreement, at the rate of $0.10 cents per gallon for all FOG and Food- Beverage Waste Loads.

City may also charge a Per Load Monitoring Fee of $800.00 each to Hauler if it is deemed necessary to sample a specific load. This sampling event may occur when City staff suspect that the material being disposed of contains substances that may negatively impact the treatment process. Hauler will be notified immediately upon suspicion that their next load will be sampled. City’s Project Manager, Santos Marquez, or his designee, will decide whether a test is necessary. This fee will be used to recover the actual cost of sample collections and analysis.

Part 3. Section 6, Term, Progress and Completion, is hereby amended to read as follows:

This Agreement shall expire on December 31, 2027. Hauler shall not commence on the services to be performed until (i) Hauler furnishes proof of insurance as required by paragraph 9 below, and (ii) City gives authorization to proceed with the services provided by City’s Project Manager.

Part 4. Section 21 is hereby added to the agreement to allow for electronic signatures and reads as follows:

21. 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. (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.

Item No.7I

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Part 5. All terms used in Parts 1 through 4 above shall have the meanings ascribed thereto in Agreement. Except as amended in Parts 1 through 3 above, all other sections, terms, obligations, duties, clauses, and provisions of Agreement shall remain the same.

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

ALPHA PUMPING, INC.

Arsen Mike Dovlatyan, Owner

CITY OF THOUSAND OAKS
Bob Engler, Mayor
ATTEST:

Laura B. Maguire, Acting 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
Item No.7I

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EXHIBIT B-1

SCHEDULE OF FEES
The invoice charges for FOG and/or food-beverage waste loads shall be based on the volume of material stated on each non-hazardous waste manifest and billed to Hauler as follows:
$0.10 cents per gallon for all FOG and food-beverage waste loads.

City may also charge a Per Load Monitoring Fee of $800.00 each to the Hauler if it is deemed necessary to sample a specific load. This sampling event may occur when City Operation’s staff suspect that the material being disposed of contains substances that may negatively impact the treatment process. Hauler will be notified immediately upon suspicion that their next load will be sampled. Project Manager, Santos Marquez, or his designee, will decide whether a test is necessary. This fee will be used to recover the actual cost of sample collections and analysis.

Item No.7I

ATTACHMENT #2
DPW:290-10\ks\ev\Council\2022\12062022\FOG Waste Acceptance Att 2.docx

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Project: Restaurant FOG and/or
Food Beverage Waste Disposal

FIRST AMENDMENT TO

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
COASTAL BYPRODUCTS, INC.

Contract No. 12107-2019
THIS FIRST AMENDMENT to the Agreement for Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter “City”) and COASTAL BYPRODUCTS, INC. (“Hauler”), entitled Restaurant FOG and/or Food Beverage Waste Disposal and dated June 25, 2019, (herein “Agreement”) is made this 31st day of December 2022:

C. Section 6 of Agreement provides for the term of the Agreement to expire on December 31, 2022.

D. City desires to extend the term of the Agreement through December 31, 2027, and Hauler is desirous of providing services through the extended term.

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

Item No.7I

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Part 2. Compensation and Payment Section 3(a) is hereby amended in its entirety to read as follows:

Part 3. Section 6, Term, Progress and Completion, is hereby amended to read as follows:

Part 4. Section 21 is hereby added to the agreement to allow for electronic signatures and reads as follows:

Item No.7I

DPW:290-10\ks\ev\Council\2022\12062022\FOG Waste Acceptance Att 2.docx

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Part 5. All terms used in Parts 1 through 4 above shall have the meanings ascribed thereto in Agreement. Except as amended in Parts 1 through 3 above, all other sections, terms, obligations, duties, clauses, and provisions of Agreement shall remain the same.

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

COASTAL BYPRODUCTS, INC.

Mark Craig, Owner
Craig Boyce, Owner

CITY OF THOUSAND OAKS
Bob Engler, Mayor
ATTEST:

Laura B. Maguire, Acting 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
Item No.7I

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EXHIBIT B-1

Item No.7I

ATTACHMENT #3
DPW:290-10\ks\ev\Council\2022\12062022\FOG Waste Acceptance Att 3.docx

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Project: Restaurant FOG and/or
Food Beverage Waste Disposal

FIRST AMENDMENT TO

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
BURON’S PREFERRED PUMPING
Contract No. 12109-2019
THIS FIRST AMENDMENT to the Agreement for Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter “City”) and BURON’S PREFERRED PUMPING (“Hauler”), entitled Restaurant FOG and/or Food Beverage Waste Disposal and dated June 25, 2019, (herein “Agreement”) is made this 31st day of December 2022:

C. Section 6 of Agreement provides for the term of the Agreement to expire on December 31, 2022.

D. City desires to extend the term of the Agreement through December 31, 2027, and Hauler is desirous of providing services through the extended term.

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

Item No.7I

DPW:290-10\ks\ev\Council\2022\12062022\FOG Waste Acceptance Att 3.docx

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Part 2. Compensation and Payment Section 3(a) is hereby amended in its entirety to read as follows:

Part 3. Section 6, Term, Progress and Completion, is hereby amended to read as follows:

Part 4. Section 21 is hereby added to the agreement to allow for electronic signatures and reads as follows:

Item No.7I

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

BURON’S PREFERRED PUMPING
Chris Buron, President
Laura Buron, Chief Financial Officer

CITY OF THOUSAND OAKS
Bob Engler, Mayor
ATTEST:

Laura B. Maguire, Acting 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
Item No.7I

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EXHIBIT B-1

Item No.7I

ATTACHMENT #4
DPW:290-10\ks\ev\Council\2022\12062022\FOG Waste Acceptance Att 4.docx

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Project: Restaurant FOG and/or
Food Beverage Waste Disposal

FIRST AMENDMENT TO

AGREEMENT FOR SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
ETP, Inc. dba ENVIRO-TECH PUMPING
Contract No. 12104-2019
THIS FIRST AMENDMENT to the Agreement for Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter “City”) and ETP, INC. dba ENVIRO-TECH PUMPING (“Hauler”), entitled Restaurant FOG and/or Food Beverage Waste Disposal and dated June 25, 2019, (herein “Agreement”) is made this 31st day of December 2022:

C. Section 6 of Agreement provides for the term of the Agreement to expire on December 31, 2022.

D. City desires to extend the term of the Agreement through December 31, 2027, and Hauler is desirous of providing services through the extended term.

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

Item No.7I

DPW:290-10\ks\ev\Council\2022\12062022\FOG Waste Acceptance Att 4.docx

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Part 2. Compensation and Payment Section 3(a) is hereby amended in its entirety to read as follows:

Part 3. Section 6, Term, Progress and Completion, is hereby amended to read as follows:

Part 4. Section 21 is hereby added to the agreement to allow for electronic signatures and reads as follows:

Item No.7I

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

ETP, INC. dba

ENVIRO-TECH PUMPING
Alexander Villar, Vice President
Rhonda Villar, Chief Financial Officer

CITY OF THOUSAND OAKS
Bob Engler, Mayor
ATTEST:

Laura B. Maguire, Acting 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
Item No.7I

DPW:290-10\ks\ev\Council\2022\12062022\FOG Waste Acceptance Att 4.docx

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EXHIBIT B-1

Item No.7I

TO:Andrew P. Powers, City Manager
FROM:Tim Giles, Human Resources Director
DATE:December 6, 2022
SUBJECT: Employee Performance and Learning Management Software and Services Agreement
RECOMMENDATION:

1. Approve agreement for the period of July 25, 2023 through July 31, 2027, with Cornerstone OnDemand, Inc. (Santa Monica, CA) for employee performance management software and services in an amount not to exceed $108,755.06.

2. Approve agreement for the period of December 31, 2022 through July 31, 2027, with Cornerstone OnDemand, Inc. (Santa Monica, CA) for employee learning management software and services in an amount not to exceed $172,047.39.

3. Authorize expenditure in the total amount of $20,071 from A/C #001-0510- 612-3122 (General Fund, Software License) for the remaining FY 2022-23 budget cycle.

4. Find that this action is not a “project” as defined under the California Environmental Quality Act.

FINANCIAL IMPACT:

No Additional Funding Requested. $20,071 is included in Adopted FY 2022-23 General Fund Budget for year one of the agreement. The additional budget of $260,732 for the remaining contract terms will be included as part of the upcoming and future biennial budget process.

Item No.7J

Employee Performance and Learning Management Software and Services Agreement
December 6, 2022

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1 BACKGROUND:

Performance Management
In 2015, in response to employee associations’ requests, the City implemented several key improvements to its Citywide employee performance management process. Citywide core competencies and a rating scale designed to achieve the alignment of performance measurement across various functional workgroups were developed. An Excel spreadsheet was designed to incorporate these changes and began its utilization as the formal evaluation form.

In 2018, the City conducted a competitive procurement process to select a qualified software provider for the administration, documentation, tracking, reporting, and delivery of employee performance evaluations. SABA Software, Inc. (SABA) was awarded a three-year agreement and the evaluation form was reconstructed from an Excel worksheet into an online fillable form. This change allowed staff a greater ease of use in its reporting, writing, analytics, and performance management tracking efforts.

Partially through the agreement term, in April 2020, SABA was acquired by Cornerstone OnDemand, Inc. (Cornerstone); a provider of learning management systems seeking to expand its capabilities in talent management. In 2021, SABA, via Cornerstone, was awarded a new agreement for a two-year period beginning July 25, 2021 through July 25, 2023.

Learning Management
In 2019 the City, through a competitive selection process, awarded a three-year agreement to Cornerstone to support the continued development of a talented and diverse City workforce by utilizing modern and transformational talent management strategies. Cornerstone, rebranded internally to iEvolve, consolidates online learning into a unified platform designed to automate training, empower staff learning, and deliver quality development opportunities. Currently, a variety of online learning programs are loaded into iEvolve (proprietary and City- created content) to meet a range of training needs.

Nearly four hundred staff have unlimited access to iEvolve and the system is utilized for compliance, leadership development, and general training. Content is accessed, assigned, administered, tracked, and reported using this system.

Cornerstone’s contract expires on December 31, 2022.

Item No.7J

Employee Performance and Learning Management Software and Services Agreement
December 6, 2022

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1 DISCUSSION/ANALYSIS:

In accordance with Thousand Oaks Municipal Code Section 3-10-401, on August 26, 2022, the City released and publicly-advertised a Request for Proposals/Qualifications (RFP/Q) for a Performance Management/Learning Management System. Unlike the low bid requirements of the Public Contract Code, contracts for professional, management, general, or special services should only be awarded when an adequate level of experience, competence, training, credentials, resources, staffing, and other professional qualifications necessary for the services solicited are demonstrated.

Five proposals were received; three of which addressed performance management. All five addressed learning management. The list of proposers are as follows:

Company Location

1. Auzmor, Inc. West Des Moines, IA

2. Cornerstone OnDemand, Inc. Santa Monica, CA

3. Noverant, Inc. Raleigh, NC

4. Learnsoft Technology Group, Inc. Austin, TX

5. SumTotal Systems, LLC. Gainesville, FL
As part of the RFP/Q process, an evaluation committee was created consisting of representatives from the City’s Human Resources and Finance Departments. The committee’s evaluation of proposals received was based on a variety of factors; all of which were designed to decipher which system(s) would create the overall best value for the City. Cost was considered as one of those factors; however, the lowest cost was not the sole factor in determining who may be awarded a contract.

Through the proposal evaluation process, the committee determined that Cornerstone OnDemand, Inc. is the most qualified vendor for providing the best value systems for the City. Factors that contributed to this include:

1. Quality, clarity, responsiveness, and overall impression of the proposal

2. Relevant experience

3. Software capabilities

4. Cost

5. Reasonableness of a completion schedule

Services to be performed under this agreement include providing employee performance and learning management software systems, which allow City staff centralized, web-based platforms to strategically and cost-effectively manage both learning and performance.

Item No.7J

Employee Performance and Learning Management Software and Services Agreement
December 6, 2022

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

Cornerstone OnDemand, Inc.

Performance and Learning Management Software and Services Agreement
Fiscal Year: Performance Management
Cost
Learning Management
Cost
2022-23* NA $ 20,071
2023-24 $27,188.76 $35,788.25
2024-25 $27,188.76 $37,408.04
2025-26 $27,188.77 $38,713.48
2026-27** $27,188.77 $40,067.61
Total Cost $108,755.06 $172,047.39
*Performance Management Software and Services Agreement begins 7/31/23 **Agreements terminate July 31, 2027
Staff recommends award of Performance and Learning Management Software and Services Agreements (Attachment #1 and #2) with Cornerstone OnDemand, Inc.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

PREPARED BY: Sheri Johnson, Deputy HR Director-Talent Development Officer
Attachments:

Attachment #1 – Performance Management Software and Services Agreement
Attachment #2 – Learning Management Software and Services Agreement
HRD:710-20/SJ/:H:\Common\StaffReports\2022\12062022 Staff Report Employee Performance and Learning Management Software and Services.docx
Item No.7J

Saba Confidential Page 1
2 8
1 1
Customer/Client Bill To: Customer/Client Ship To: Order Type: Renewal City of Thousand Oaks City of Thousand OaksCurrency: USD ATTACHMENT #1
Marty Karratti
2100 Thousand Oaks Blvd, Thousand
Oaks, California 91362 United States
8054492144
[email protected]
Marty Karratti
2100 Thousand Oaks Blvd, Thousand
Oaks, California 91362 United States
(805) 449-2124
[email protected]
Existing Contract No: ZU-S00003705
Ship Via: Electronic
Effective Date: July 25, 2023
Products and Services
SKU Product/Service Name Quantity UOM Term Subscription Fees TPF-ACC-S02 Saba TalentSpace Align™ 380 Seats July 25, 2023 to July 31, 2027 $108,755.06 Saba TalentSpace Align includes employee profiles, organizational charts, sharing and requesting feedback, individual goal management, development tools, custom workflow processes, 1:1 meeting tool, 360 degree feedback tool, reporting, mobile app access, single sign-on support, and built-in online training, competency library, sample forms and processes.

Total Subscription Fees (Term of Order) $108,755.06
Terms and Conditions:

With the exception of EdCast, content and third party offerings, should this Order be renewed for the same term length, products, and quantities, the fees for the renewal will be the same as the annualized fees for the last period of this Order, plus a 4.5% increase per period, beginning with the first period of the renewal.

The above pricing shall apply provided this Order is executed and returned by Customer/Client prior to 5 p.m. local time on July 25, 2023.

Customer/Client acknowledges that this Order is not reliant or contingent upon the delivery, or promise of delivery, of any future functionality, features, or products.

Payment Schedule:

Year Invoice Date Due Date Amount Description
Year 1 7/25/2023 Net 30 $25,858.42 Includes 4.5 %
7/25/2023-7/31/2024
Year 2 30 days prior to due date 8/1/2024 $26,513.56 Includes 4.5 % 8/1/2024-7/31/2025
Year 3 30 days prior to due date 8/1/2025 $27,706.67 Includes 4.5 % 8/1/2025-7/31/2026
Year 4 30 days prior to due date 8/1/2026 $28,676.41 Includes 3.5 % 8/1/2026-7/31/2027
Annual fees are invoiced annually, beginning on the Order Effective Date, through the Subscription End Date. If applicable, the first invoice for annual fees will be prorated from Order Effective Date to one day prior to Customer’s next anniversary date.

Saba Software (Canada) Inc.
495 March Road, Suite 100
Ottawa, ON K2K 3G1
Canada
Order No: 2022-11-12087
Prepared By: Amanda Brovick
E-mail: [email protected]
Item No.7J

Saba Confidential Page 2
710-20:HRD\sj\H:COMMON\RFP RFQ\2022\Performance Mgmt and LMS

CITY OF THOUSAND OAKS
Signature:

Name:Bob Engler
Title:Mayor
Date:

Saba Software (Canada) Inc.

Signature:

Name: Jared Bogert
Title: Global VP, Sales
Date:

This Order and the products and services listed above are subject to the existing agreement in place between the parties.

Billing Information
Does customer use purchase order? Y/N If Yes, please provide PO number to cover the above purchase:
#
Is customer tax exempt? Y/N If Yes, please provide exemption number and exemption certificate.
#
Please send invoices to the following
email address (to be completed by
Customer)
Federal Tax ID# / VAT # (if applicable)
ATTEST:

Signature:

Name: Ryan Courson
Name:

Title:

Date:

Laura B. Maguire
Acting City Clerk
Title:

Date:

CFO
APPROVED AS TO ADMINISTRATION:

Signature:

Name:

Title:

Date:

Andrew P. Powers
City Manager
APPROVED BY DEPARTMENT HEAD:

Signature:

Name:

Title:

Date:

Tim W. Giles
Human Resources Director
APPROVED AS TO FORM:

Signature:

Name:

Title:

Date:

David S. Womack
Assistant City Attorney
Item No.7J

Quote Number: Q-00136677
Order Effective Date: (Date of Last Signature Below)
Cornerstone OnDemand – ORDER
Client Name (“Client”) City of Thousand Oaks, CA
Order Start Date 12/31/2022
Order End Date 7/31/2027
Is a new purchase order required for this purchase?* (“No,” unless box is checked) [ ]Yes: PO# Primary Client Contact Sheri Johnson [email protected] +1 805-449-2144 Client Address (Ship To)
City of Thousand Oaks. Attn: HR
2100 E Thousand Oaks Blvd, Thousand Oaks, California, 91362, United States
Primary Billing (Invoice) Contact Marty Karratti [email protected] +1 805-449-2144 Client Billing (Invoice) Address
City of Thousand Oaks. Attn: HR
2100 E Thousand Oaks Blvd, Thousand Oaks, California, 91362, United States
*Note: Please send purchase order number to [email protected] within three (3) business days of order signing.

Product(s)
Period 1
12/31/2022-
7/31/2023
Period 2
8/1/2023-
7/31/2024
Period 3
8/1/2024-
7/31/2025
Product Qty Fee Qty Fee Qty Fee
Learning 400 $7,529.18 400 $13,424.00 400 $14,032.00
Create Tool 2 $0.00 2 $0.00 2 $0.00
Competency Management 400 $0.00 400 $0.00 400 $0.00
J. J. Keller - Transportation
Safety Bundle 500 $3,955.64 500 $7,055.00 500 $7,375.00 Unlimited Video Hosting and
Delivery 1 $0.00 1 $0.00 1 $0.00
Choice Customer Success
Package 1 $1,758.06 1 $3,135.00 1 $3,276.01
Edge Import 1 $0.00 1 $0.00 1 $0.00
Edge: Microsoft Teams VILT All
Connectors 1 $732.52 1 $1,306.25 1 $1,365.03
Content Anytime SMB
Essentials 400 $6,094.61 400 $10,868.00 400 $11,360.00
Period 1 Subtotal Period 2 Subtotal Period 3 Subtotal
Period Subtotal USD 20,070.01 USD 35,788.25 USD 37,408.04 Period 4
8/1/2025-
7/31/2026
Period 5
8/1/2026-
7/31/2027
Product Qty Fee Qty Fee
Learning 400 $14,520.00 400 $15,028.00
Create Tool 2 $0.00 2 $0.00
Competency Management 400 $0.00 400 $0.00
J. J. Keller - Transportation Safety Bundle 500 $7,630.00 500 $7,900.00 Unlimited Video Hosting and Delivery 1 $0.00 1 $0.00
Choice Customer Success Package 1 $3,390.67 1 $3,509.35 ATTACHMENT #2
Item No.7J

Edge Import 1 $0.00 1 $0.00
Edge: Microsoft Teams VILT All Connectors 1 $1,412.81 1 $1,462.26 Content Anytime SMB Essentials 400 $11,760.00 400 $12,168.00 Period Subtotal USD 38,713.48 USD 40,067.61
Invoicing Schedule
Payment terms for this Order shall be net 30 days.

Fees are invoiced on the Period Start Date(s). One-time fees are invoiced on the Order Start Date.

Except as otherwise expressly set forth herein, all purchases are non-cancelable and non-refundable.

Fees are exclusive of applicable sales, use, VAT, GST, digital tax, DST and other taxes and are net of withholding taxes.

Product Details
Choice Package:

New Functionality Readiness and Adoption – adopt and drive usage of new features Optimization and Curation – keep your system relevant and easy to use, increase adoption and build competencies S.O.S. (Sustain Our System) – get help with tasks and on-boarding new admins, and tune up your reports Education – an efficient way to learn Cornerstone products, features and functions Customer Success – proactive, strategic guidance and support to make the most of your investment Technical Support – enhanced support and issue resolution Customer Community – access self-help tools, connect with peers and stay up to speed on what’s new Product Collaboration and Engagement – have a voice in the future of Cornerstone See https://www.cornerstoneondemand.com/support/choice for detailed support descriptions.

Purchased course(s) shall be available from the Order Start Date above, through the earlier of: (i) the Order End Date above; or (ii) terminatio n/expiration of all Learning Orders; or (iii) termination of the Agreement, after which time all access / course registrations shall be terminated or expire without refund. Course loading and hosting services are included as a part of this Order. Content subscriptio ns are non-transferable; they are unique to individual users. Cornerstone reserves the right to invoice Clients automatically for each subscription/registration exceeding the number purchased, based on the total Content price set forth in this Order, divided by the total number of Active Users subscribed to/registered for that Content.

Some Content is hosted by third-party content providers. These providers may process personal information (e.g., Active User identificati on, course tracking, etc.) only as necessary to provide the Content in accordance with AICC, SCORM, or equivalent standards. The list, locations, and security and privacy policies of such providers are available upon request.

Original content created by Client using the Grovo Create Tool will be deemed Client Content. Any proprietary Cornerstone or Cornerstone contracted third parties' content adapted or modified by Client using the Grovo Create Tool will be deemed Software.

Terms and Conditions
Item No.7J

This Order is hereby incorporated into and made part of the parties’ master agreement (the “Agreement”). If the term of the Agreement is set to expire prior to the end of the Order Term, the term of the Agreement is h ereby extended through the end of the Order Term for the purposes of this Order.
\ds1\
Agreed and accepted:

CITY OF THOUSAND OAKS CORNERSTONE ONDEMAND, INC.

Signature
:

Signature:

Name: Bob Engler Name: Jared Bogert
Title: Mayor Title: Global VP, Sales
Date: Date:

ATTEST: Signature:

Signature
:

Name: Ryan Courson
Name: Laura B. Maguire Title: CFO
Title: Acting City Clerk Date:

Date:

APPROVED AS TO ADMINISTRATION:

Signature
:Name: Andrew P. Powers
Title: City Manager
Date:

APPROVED BY DEPARTMENT HEAD:

Signature
:Name: Tim W. Giles
Title: Human Resources Director
Date:

APPROVED AS TO FORM:

Signature
:Name: David S. Womack
Title: Assistant City Attorney
Date:
\in4\
Order Validation
\si1\
\in5\
710-20:HRD\sj\H:Common\RFP RFQ\2022\Performance Mgmt and LMS Item No.7J

DocuSign Envelope ID: 9ABAC519- 7656- 4C1C- 99B8- D2A58FOOEEAD Cornerstone OnDemand — Master Agreement

COVER PAGE
Effective Date(" ED"): [ Date of the last signature below] Client Name(" Client"): City of Thousand Oaks, CA
Client Address: 2100 E Thousand Oaks Blvd, Thousand Oaks, CA- 91362, United States Billing Address: 2100 E Thousand Oaks Blvd, Thousand Oaks, CA- 91362, United States Federal Tax ID#/ VAT#:

Primary Contact
Billing Contact
if different than Primary Contact)
Name: Tim Giles Name: Tim Giles
Title: Risk Services Administrator Title: Risk Services Administrator Email: tgiles@toaks. org Email*: tgiles@toaks. org Phone: 8054492154 Phone: 8054492154
NOTE: All invoices will be emailed to Client unless otherwise agreed by the parties.

Is Client exempt from applicable sales/ VAT tax?
Does Client require a purchase order(" PO")?
PO Number( if applicable):

By signing below, each party acknowledgesthat it has read, understands, and agreesto the provisions set forth in this Master Agreement ( the " Agreement"). No other terms and conditions will apply. Capitalized terms set forth in the Agreement shall have the respective meanings set forth in the Master Terms and Conditions. Except as otherwise expresslyset forth herein, all purchasesare non-cancelableand non-refundable. Feesare exclusiveof applicable sales, use, VAT, and other taxes, and are net of withholding taxes.

Client Cornerstone O
Signature:

LA ,0
Signature:

Name:
arrtfn 1- UU,...
drew Powe t Name: Jim Gi11
Title: City Manager Title: SVP, Public Sector
Date: A1
7 Date: December 23, 2019
Attest:

O
clitYCynthiaRodriguez,CityClerk
Appr m:

David S. Womack, ssi ant City Attor
Approved as to form: oocusl¢ nedby:

CkittUal, Orin
286B24AE5541 a...

Agreement number: 00036607. 0 CONFIDENTIAL
Contract No. I22/ ° 2O199
DocuSign Envelope ID: 65DCEDE0-B126-46E2-9A2E-E28317CEF9BF 12/23/2019
Item No.7J

DocuSign Envelope ID: 9ABAC519- 7656- 4C1C- 99B8- D2A58FOOEEAD Agreement number: 00036607. 0 CONFIDENTIAL Contract No. 1227614049 411) DocuSign Envelope ID: 65DCEDE0-B126-46E2-9A2E-E28317CEF9BF Item No.7J

DocuSign Envelope ID: 9ABAC519- 7656- 4C1C- 99B8- D2A58FOOEEAD Cornerstone OnDemand — Master Agreement

MASTER TERMS AND CONDITIONS
TheseMaster Terms and Conditions are made a part of and incorporated by reference into the Cornerstone OnDemand— Master Agreement by and between Client and Cornerstone OnDemand(" Cornerstone")( the" Agreement").

1. Definitions. monitoring; and( II) not access,modify, or discloseClient Data, except as a) " Active User" means, in a given calendar month, a user established compelled by law, to prevent or address service or technical issues,or if on the Software with a designation of" active" at any time during otherwise permitted by Client. To meet its disaster recovery that month. Client determines who is an Active User, subject to the commitments, Cornerstone maintains a backup copy of Client Data for maximum quantities set forth in the respective Order( s). approximately six( 6) months following expiration or termination of the Agreement, after which time all backups are destroyed.
b) " Affiliate" means a party that partially ( at least 50%) or fully controls, is partially or fully controlled by, or is under partial ( at 3. Restrictions. The Software may be used only for Client's and Its Affiliates' least 50%) or full common control with, another party. own lawful business purposes. Client shall not:( 1)use or deploy the Software in violation of applicable laws or this Agreement;( ii) resell any c) " Client Content" means any and all courses, learning objects, Software or Service except through Extended Enterprise
certifications, quizzes, tests, materials, instructor- led sessions, transactions/ registrations;( iii) create any derivative works based upon documents, or URLs created and/ or introduced by Client or its the Software; ( iv) reverse engineer, reverse assemble, decompile or Affiliates that reside in the Software.
otherwise attempt to derive source code from the Software or any part d) " Client Data" means proprietary or personal data regarding Client, thereof( except to the extent that such restriction is not permitted under its Affiliates, or any of their users which is uploaded to the Software applicable law); ( v) make any Software or Service available to any pursuant to this Agreement. unauthorized parties; or( vi) release the results of benchmark tests or e) " Confidential Information" means any non- public information of other comparisons of any Software or Service with other software, Cornerstone or Client disclosed by either party to the other party, services, or materials. Client will be responsible for Active Users' either directly or indirectly, in writing, orally or by inspection of compliance with the Agreement and liable for Active Users' breach tangible objects, or to which the other party may have access, thereof. Client will ensure that it has obtained all necessary consents which a reasonable person would consider confidential and/ or and approvals for Cornerstone to access Client Data for the purposes which is marked " confidential" or" proprietary" or some similar permitted under this Agreement. designation by the disclosing party. Confidential Information shall 4. Support. Cornerstone shall provide the level of technical support stated not, however, include the existence of the Agreement or any in the applicable Order. Only the number of administrators set forth in information which the recipient can establish: ( I) was or has the applicable support packagedescription( i.e., not all Active Users)who become generally known or available or is part of the public have completed the requisite training may contact Cornerstone for domain without direct or indirect fault, action, or omission of the support. Client agrees to promptly provide Cornerstone with sufficient recipient; ( ti) was known by the recipient prior to the time of documentation, data and assistancewith respect to any reported errors, disclosure, according to the recipient' s prior written and to reasonably cooperate with Cornerstone, in order for Cornerstone documentation;( 11i) was received by the recipient from a source to comply with its support obligations hereunder. In no event shall other than the discloser, rightfully having possession of and the Cornerstone be responsible or liable for any errors, bugs or other right to disclose such information; or ( iv) was independently problems contained in or originating from hardware or software not developed by the recipient, where such independent development provided by Cornerstone. Should unexpected or inappropriate useof the has been documented by the recipient. Software result in denial of service( DoS) with respect to the Software, f) " Order" means a purchase made by Client hereunder in a schedule, Cornerstone may disable the implicated Client Content and/ or deny statement of work, addendum, or amendment signed by both accessto Client's portal only if and for so long as necessaryto restore parties.
service.
g) " Service" means any service rendered by Cornerstone specifically 5. Fees and Payment. Client will be invoiced for fees according to the to Client, including, but not limited to: ( i) hosting and making applicable Order. Payment of fees will be due upon receipt, except available the Software;( II) hosting, delivery, and/ or distribution of where an Order expresslyprescribes other payment dates. Exceptwhere eLearning content; and/ or ( iii) provision of customer and/ or otherwise stated, all fees set forth in an Order are in U.S. dollars and technical support for the Software. must be paid in the currency set forth in the Order. Late payments h) " Software" means: ( i) any and all of Cornerstone' s proprietary hereunder will Incur a late charge of 1. 5%( or the highest rate allowable web- based applications, including without limitation, all updates, by law, whichever is lower) per month on the outstanding balance from revisions, bug-fixes, upgrades, and enhancements thereto, as well the date due until the date of actual payment. In addition, following as applications that have been modified in any way by Cornerstone notice and a reasonable time to cure, Services are subject to suspension at the request of a client; and ( ii) application functionality and for failure to timely remit payment therefor. eLearning content provided by Cornerstone or Cornerstone- 6. Term and Termination. contracted third parties. a) Term. The term of this Agreement runs from the Effective Date i) " Third Party" means any party that is not either of the parties, its through the later of: ( i) three ( 3) years; and ( ii) expiration or Affiliates, employees, shareholders, directors, officers, contractors, termination of the last Order.
customers, or Active Users. b) Termination for Cause. Either party may immediately terminate

2. Rights; Usage. In accordance with the terms and conditions of the this Agreement if the other party materially breaches the Agreement, Cornerstone gives Client the non- transferable and non- Agreement, and, where capable of remedy, such breach has not assignable right for the duration of applicable Orders to use, and to been materially cured within thirty ( 30) days of the breaching permit its Active Users, Affiliates, and each of their Active Users to use, party' s receipt of written notice describing the breach in the Software items listed therein on a non- exclusive basis via the reasonable detail.

Internet. Cornerstone will ( I) according to IS027001 ( or c) Bankruptcy Events. A party may immediately terminate this successor/ equivalent) standards, maintain appropriate safeguards for Agreement if the other party:( I) hasa receiver appointed over it or protection of Client Data, including regular back- ups, security and over any part of its undertakings or assets;(Ii) passesa resolution incident response protocols, and application and infrastructure for winding up ( other than for a bona fide scheme of solvent Agreement number: 00036607. 0 CONFIDENTIAL Page 3 of 16 Contract No. 12270- 2019
DocuSign Envelope ID: 65DCEDE0-B126-46E2-9A2E-E28317CEF9BF Item No.7J

DocuSign Envelope ID: 9ABAC519- 7656- 4C1C- 99B8- D2A58FOOEEAD amalgamation or reconstruction), or a court of competent e) Exclusive Remedies. The remedies set forth in this section shall be jurisdiction makes an order to that effect and such order is not exclusive with respect to any infringement claim hereunder. discharged or stayed within ninety ( 90) days; or ( iii) makes a

10. Warranties. Each party represents and warrants to the other party that, general assignment for the benefit of its creditors.
as of the date hereof:( i) it has full power and authority to execute and d) Effect of Termination. Immediately following termination of this deliver the Agreement;( II)the Agreement has been duly authorized and Agreement, Client shall cease using all Software and Services. executed by an appropriate employee of such party;( iii) the Agreement Client may retrieve Client Data any time prior to termination or is a legally valid and binding obligation of such party; and ( iv) its expiration of the Agreement. If requested, Cornerstone will assist execution, delivery and/ or performance of the Agreement does not with such data retrieval at a scope and price to be agreed. conflict with any agreement, understanding or document to which it is a

7. Confidentiality. Each of the parties agrees: ( I) not to disclose any party. CORNERSTONE WARRANTS THAT THE SOFTWARE WILL PERFORM Confidential Information to any third parties except as mandated by law SUBSTANTIALLY IN MATERIAL ACCORDANCE WITH THE AGREEMENT and except to those Affiliates and subcontractors of Cornerstone AND APPLICABLE DOCUMENTATION REGARDING EXISTING providing Services hereunder who agree to be bound by confidentiality FUNCTIONALITY PROVIDED BY CORNERSTONE; NO NEW OR DIFFERENT obligations no less stringent than those set forth in this Agreement;( ii) FUNCTIONALITY IS PROMISED HEREUNDER. TO THE EXTENT PERMITTED not to use any Confidential Information for any purposes except carrying

BY APPLICABLE LAW, CORNERSTONE DISCLAIMS ALL OTHER
out such party' s rights and responsibilities under this Agreement; and( iii) WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, to keep the Confidential Information confidential using the same degree INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, of care such party uses to protect its own confidential information; FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING provided, however, that such party shall use at least reasonable care. FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

These obligations shall survive termination of this Agreement. If either 11. Liability. party breaches any of its obligations with respect to confidentiality or the a) Liability Cap. EXCEPT FOR( I) A PARTY'S INTELLECTUAL PROPERTY unauthorized use of Confidential Information hereunder, the other party INDEMNIFICATION OBLIGATIONS; ( ii) A PARTY' S WILLFUL shall be entitled to seek equitable relief to protect its interest therein, MISCONDUCT; OR( iii) LIABILITY WHICH CANNOT BE LIMITED BY including but not limited to, injunctive relief, as well as money damages. APPLICABLE LAW, EACH PARTY' S MAXIMUM AGGREGATE LIABILITY

8. Intellectual Property. As between the parties, Cornerstone will and does ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS retain all proprietary and intellectual property rights, title and interest in OF THE THEORY OF LIABILITY, WILL BE LIMITED TO THE TOTAL FEES and to the Software and Services. Client retains all proprietary and PAID OR PAYABLE BY CUENT TO CORNERSTONE HEREUNDER FOR intellectual property rights, title and interest in and to Client Data and THE TWELVE- MONTH PERIOD IMMEDIATELY PRECEDING THE DATE Client Content. THE CAUSE OF ACTION AROSE. THE EXISTENCE OF MORE THAN

9. Indemnification. ONE CLAIM SHALL NOT EXPAND SUCH LIMIT. THE PARTIES a) Indemnification by Cornerstone. Cornerstone agrees to indemnify, ACKNOWLEDGE THAT THE FEES AGREED UPON BETWEEN CLIENT defend, and hold harmless Client from and against any and all Third AND CORNERSTONE ARE BASED IN PART ON THESE LIMITATIONS, Party claims and causes of action, as well as related losses, AND THAT THESE UMITATIONS WILL APPLY NOTWITHSTANDING liabilities, judgments, awards, settlements, damages, expenses and ANY FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED costs( including reasonable attorney' s fees and related court costs REMEDY. THE FOREGOING LIMITATION SHALL NOT APPLY TO A and expenses) ( collectively, " Damages") incurred or suffered by PARTY' S PAYMENT OBLIGATIONS UNDER THE AGREEMENT.

Client which directly relate to or directly arise out of the violation b) Exclusion of Consequential Damages. NEITHER PARTY WILL BE or infringement of any third- party intellectual property rights by LIABLE FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS Client' s authorized use of the Software. The foregoing provisions OPPORTUNITIES, LOSS OF DATA, INTERRUPTION OF BUSINESS, of this section shall not apply to the extent the Damages relate to PROVIDING REPLACEMENT SOFTWARE( EXCEPT AS SET FORTH IN or arise out of: ( i) Client Data; ( ii) Client Content; or ( iii) SECTION " INFRINGEMENT CURES"), OR ANY OTHER INDIRECT, unauthorized use and/ or alteration of the Software by Client SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES and/ or its users. ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS b) Indemnification by Client. Client agrees to indemnify, defend, and OF THE THEORY OF LIABILITY, EVEN IF IT HAS BEEN ADVISED OF THE hold harmless Cornerstone from and against any and all Damages POSSIBILITY OF SUCH DAMAGES. incurred or suffered by Cornerstone which directly relate to or directly arise out of the violation or infringement of any third party 12. Communications. Neither party shall issue any press release using the intellectual property rights by Client Data or Client Content. The name of the other party as a customer or provider without the other foregoing provisions of this section shall not be applicable to the party s consent. extent the Damages relate to or arise from Cornerstone' s use of 13. Miscellaneous Provisions.

Client Data or Client Content in violation of this Agreement. a) Governing Law; Jurisdiction. This Agreement will be governed by c) Indemnification Procedures. To obtain indemnification, and construed in accordance with the laws of the State of California indemnitee shall:( i) give written notice of any claim promptly to and the federal laws of the United States of America, without indemnitor; ( II) give indemnitor, at indemnitor' s option, sole regard to conflict of law principles. Cornerstone and Client agree control of the defense and settlement of such claim, provided that that any suit, action or proceeding arising out of, or with respect indemnitor may not, without the prior consent of indemnitee( not to, this Agreement or any judgment entered by any court in respect to be unreasonably withheld), settle any claim unless it thereof shall be brought exclusively in the state or federal courts of unconditionally releases indemnitee of all liability;( iii) provide to the State of California located in the County of Los Angeles, and indemnitor all available information and assistance; and( iv) not each of Cornerstone and Client hereby irrevocably accepts the take any action that might compromise or settle such claim. exclusive personal jurisdiction and venue of those courts for the d) Infringement Cures. Should the Software or any part thereof purpose of any suit, action or proceeding. become, or in Cornerstone' s reasonable opinion be likely to become, the subject of a claim for infringement of a third party b) Force Maleure. Neither party will be liable for any failure or delay intellectual property right, then Cornerstone may, at its sole option in its performance under this Agreement due to any cause beyond and expense:( i) procure for Client the right to use and access the its reasonable control, including without limitation acts of war, acts infringing or potentially infringing item( s) of the Software free of of God, earthquake, flood, weather conditions, embargo, riot, any liability for infringement; or( ii) replace or modify the infringing epidemic, acts of terrorism, sabotage, governmental act, failure of or potentially Infringing item( s) of the Software with a non- the Internet or other acts beyond such party' s reasonable control, infringing substitute otherwise materially complying with the provided that the delayed party:( i) gives the other party prompt functionality of the replaced system.
notice of such cause; and( ii) uses reasonable commercial efforts to correct promptly such failure or delay in performance.

Agreement number: 00036607. 0 CONFIDENTIAL Contract No. 122M DocuSign Envelope ID: 65DCEDE0-B126-46E2-9A2E-E28317CEF9BF Item No.7J

DocuSign Envelope ID: 9ABAC519- 7656- 4C1C- 99B8- D2A58FOOEEAD c) Counterparts; Facsimile. The Agreement and Orders may be iii) Service Providers. Cornerstone offers a certification program executed in any number of counterparts and in facsimile or to certify third-party service providers that implement, electronically, each of which shall be an original but all of which configure, and/ or administer Software (" Certified together shall constitute one and the same instrument. Consultants"). A list of Certified Consultants is available upon d) Entire Agreement. This Agreement contains the entire request. Client may not permit any non- Certified Consultant to understanding of the parties in respect of its subject matter and implement configure, and/ or administer Software. None of supersedes all prior agreements and understandings ( oral or the warranties or support obligations hereunder shall apply to written) between the parties with respect to such subject matter. anySoftware implemented, configured, or administered by any Orders and the schedules and exhibits hereto constitute a part non- Certified Consultant. hereof as though set forth in full herein. Purchase orders j) Export Controls. Client understands that use of the Software and submitted by Client are for Client' s internal administrative Services is subject to U.S. export controls and trade and economic purposes only, and the terms and conditions contained in those sanctions laws and agreesto comply with all such applicable laws purchase orders will have no force and effect. Any modification, and regulations, including without limitation the Export amendment, or addendum to this Agreement must be in writing Administration Regulations maintained by the U.S. Department of and signed by both parties. Commerce, and the trade and economic sanctions maintained by the Treasury Department' s Office of Foreign AssetsControl. e) Assignment. Neither party may assignthis Agreement or any of its rights, obligations, or benefits hereunder, by operation of law or k) Rulelob- 5 Limitations. Eachparty acknowledges that United otherwise, without the other party' s prior written consent; States securities laws prohibit any person who hasmaterial, non- provided, however, either party, without the consent of the other public information about a publicly-traded company from party, may assign this Agreement to an Affiliate or to a successor purchasing or selling securities of such company, or from whether direct or indirect, by operation of law, and/ or by way of communicating such information to any other person under purchase, merger, consolidation or otherwise) to all or circumstances in which it is reasonably foreseeable that such substantially all of the business or assets of such party, where the person is likely to purchase or sell securities of such company. responsibilities or obligations of the other party are not increased by such assignment and the rights and remedies available to the I) Severability. If any provision of this Agreement is held by a court other party are not adversely affected by such assignment. Subject or arbitrator of competent jurisdiction to be contrary to law, such to that restriction, this Agreement will be binding on, inure to the provision shall be changed by the court or by the arbitrator and benefit of, and be enforceable against the parties and their interpreted so as to best accomplish the objectives of the original respective successors and permitted assigns. provision to the fullest extent allowed by law, and the remaining f) No Third Party Beneficiaries. The representations, warranties and provisions of this Agreement shall remain in full force and effect. other terms contained herein are for the sole benefit of the parties m) Notices. Any notice or communication required or permitted to be hereto and their respective successors and permitted assigns, and given hereunder may be delivered by hand, deposited with an shall not be construed as conferring any rights on any other overnight courier, sent by facsimile, or mailed by registered or persons. certified mail, return receipt requested and postage prepaid to the g) Statistical Data. Without limiting the confidentiality rights and address for the other party first written above or at such other intellectual property rights protections set forth in this Agreement, address as may hereafter be furnished in writing by either party Cornerstone has the perpetual right to use aggregated, hereto to the other party. Suchnotice will be deemed to have been anonymized, and statistical data(" Statistical Data") derived from given as of the date it is delivered, if by personal delivery; the next the operation of the Software, and nothing herein shall be businessday, if deposited with an overnight courier; upon receipt construed as prohibiting Cornerstone from utilizing the Statistical of confirmation of facsimile delivery ( if followed up by such Data for business and/ or operating purposes, provided that registered or certified mail); and five days after being so mailed.

Cornerstone does not share with any third party Statistical Data n) Independent Contractors. Client and Cornerstone are independent which reveals the identity of Client, Client' s users, or Client' s contractors, and nothing in this Agreement shall create any Confidential Information. partnership, joint venture, agency, franchise, sales representative h) Suggestions. Cornerstone shall have a royalty- free, worldwide, or employment relationship between Client and Cornerstone. Each perpetual license to use or incorporate into the Software and Services party understands that It does not have authority to make or any suggestions, ideas, enhancement requests, feedback, accept any offers or make any representations on behalf of the recommendations, or other information provided by Client or its other. Neither party may make any statement that would users relating to the operation of the Software and Services. contradict anything in this section. i) Third- Party Applications and Service Providers. o) Waiver. No failure or delay on the part of either party In exercising i) External Applications. The Software may contain features any right, power or remedy under this Agreement shall operate as capable of interoperating with third- party applications not a waiver, nor shall any single or partial exercise of any such right, offered by Cornerstone(" External Applications"). To use such power or remedy preclude any other or further exercise or the features, Client may be required to obtain access to such exerciseof any other right, power or remedy. applications from a third- party provider. Cornerstone shall not p) Survival. Sections of the Agreement intended by their nature and be responsible for Client' s access to, or operation of, External content to survive termination of the Agreement shall so survive.

Applications.
ii) Embedded Applications. Cornerstone may offer or sell certain q) Insurance. Cornerstone shall provide evidence of Comprehensive third party applications embedded within the Software, which General Liability Insurance naming the City asan additional insured meetparty
in an amount of at least$ 1,000, 000 per occurrence and security, privacy, and/or support standards that differ 2, 000, 000 aggregate. from those set forth in the Agreement (" Embedded
Applications ). Use of Embedded Applications is optional, and r) Permits. Cornerstone shall obtain any permits required in order to Client may deactivate Embedded Applications in its Software provide the purchased servicesto Client, including but not limited portal at any time. A list of Embedded Applications, including to, a City of Thousand Oaksbusinesslicense. information relevant thereto, is available upon request. i
Agreement number: 00036607. 0 CONFIDENTIAL
Contract No. 22/ V- -
S. 0 16
DocuSign Envelope ID: 65DCEDE0-B126-46E2-9A2E-E28317CEF9BF Item No.7J

DocuSign Envelope ID: 9ABAC519- 7656- 4C1C- 99B8- D2A58FOOEEAD

DATA PROCESSING ADDENDUM
410Page 6 of 16
Contract No. 12270- 2019
DocuSign Envelope ID: 65DCEDE0-B126-46E2-9A2E-E28317CEF9BF Item No.7J

DocuSign Envelope ID: 9ABAC519- 7656- 4C1C- 99B8- D2A58FOOEEAD Preamble
This Data Processing Addendum ( the " Addendum") forms part of and is subject to the terms of the master agreement executed by the undersigned parties ( the " Master Agreement") concerning the provisioning of human capital management software by the undersigned Cornerstone entity( hereinafter also" Cornerstone" or the" Processor") to Client( hereinafter also the" Controller"). It applies to all activities carried out by the Processor within the framework of the Master Agreement whereby the Processor' s employees or third parties commissioned by the Processor might Process Personal Data of the Controller and/ or Active Users.

In the event of any conflict between the terms of the Master Agreement and the terms of this Addendum, the terms of this Addendum shall prevail.
1 Definitions

1. 1 " GDPR" means Regulation ( EU) 2016/ 679 of 27 April 2016.

1. 2 " Personal Data" means any information Processed by Cornerstone on behalf of Client relating to an identified or identifiable natural person; see article 4( 1) of the GDPR.

1. 3 " Personal Data Breach" means, according to Article 4(12) of the GDPR, a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise Processed.

1. 4 " Process" or" Processing" means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction ( see Article 4( 2) of the GDPR).

1. 5 " Subprocessors" has the meaning as being defined in section 5. 1 of this Addendum.

1. 6 " Third Country" means a country without a system of ensuring adequate protection within the meaning of Article 45 of the GDPR.

Capitalized terms used, but not otherwise defined, herein shall have the same meanings assigned to those terms in the Master Agreement.
2 Scope of the Addendum
Cornerstone acts as a data processor for Client, who acts as the data controller. Personal Data may include the categories of Personal Data, the categories of data subjects and the purposes of the Processing set out in Annex 1.
3 Processing of Personal Data

3. 1 Cornerstone shall Process Personal Data for the purposes of providing services under the Master Agreement only in accordance with the Master Agreement and this Addendum, and in accordance with documented instructions listed in this Addendum and the Master Agreement. Client may issue further documented instructions consistent with and in the scope of this Addendum and the Master Agreement.

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DocuSign Envelope ID: 9ABAC519- 7656- 4C1C- 99B8- D2A58FOOEEAD

3. 2 Cornerstone must notify Client in writing without undue delay regarding events which significantly impede Cornerstone' s current or future ability to Process Personal Data in accordance with this Addendum.

3. 3 Cornerstone must limit the access to Personal Data to its employees or Subprocessors for whom access to said data is reasonably necessary to fulfill Cornerstone' s obligations to Client. Cornerstone must ensure that persons authorized to Process Personal Data are bound by the same or equivalent confidentiality obligations as Cornerstone and/ or are under an appropriate statutory obligation of confidentiality.

3. 4 Cornerstone shall implement and maintain appropriate technical and organizational measures as described in Article 32 of the GDPR. For this purpose, the parties agree on the security measures set forth in Annex 2 for the Processing of Personal Data.

3. 5 The appropriate technical and organizational security measures must be determined with due regard to:
i) the state of the art,
ii) the cost of their implementation, and
iii) the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons.

3. 6 Cornerstone shall make available to Client upon request information necessary to demonstrate compliance with Processor' s obligations set forth in Article 28 of the GDPR, and allow for and reasonably assist with audits, including inspections, conducted by the Controller or an independent third party auditor appointed by the Controller, as follows:
i) Cornerstone shall at its own cost obtain and make available upon Client' s request an audit report from an independent auditor regarding Cornerstone' s compliance with the data security requirements of the controls defined in SSAE 18 or ISO 27001 ( or equivalent standard). Such audit report must be issued on the basis of a recognized standard for such reports.
ii) In addition, Client is entitled, at a time and scope to be agreed by the parties, to conduct or have conducted an annual audit, including an inspection, if and to the extent the audit report set forth in the preceding paragraph does not meet the requirements set forth in Article 28 of the GDPR.Any third party auditor shall not be a competitor of Cornerstone, and shall, upon Cornerstone' s request, sign a customary non- disclosure agreement to treat all information obtained or received from Cornerstone confidentially, and may share any such information obtained or received only with Client and Cornerstone. Client shall be responsible for costs of the audit, and agrees to pay Cornerstone a reasonable fee per audit to be mutually agreed by the parties to cover Cornerstone assistance with the audit. An additional audit may take place: ( i) if required by a competent legal supervisory authority of Client; or( ii) following a Personal Data Breach.

3. 7 Cornerstone shall without undue delay notify Client about any:
i) request by a legal authority for disclosure of Personal Data Processed under the Agreement, unless such notification is expressly prohibited under applicable law; or ii) request for access to Personal Data received directly from identified data subjects

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DocuSign Envelope ID: 9ABAC519- 7656- 4C1C- 99B8- D2A58FOOEEAD themselves or from third parties.

3. 8 Cornerstone shall notify Client without undue delay after becoming aware of a Personal Data Breach.

The notification shall at least describe the nature of the Personal Data Breach ( including, where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of Personal Data records concerned) and the measures taken or proposed by Cornerstone to address the Personal Data Breach.

3. 9 Cornerstone shall provide reasonable and timely assistance to Client ( at Client' s expense) to help enable Client to respond to: ( i) any request from a data subject to exercise any of the data subject' s rights under applicable data protection laws ( including its rights of access, correction, objection, erasure and data portability, as applicable); and ( ii) any other correspondence, enquiry or complaint received from a data subject, regulator or other third party in connection with the Processing of the Personal Data.

In the event that any such request, correspondence, enquiry or complaint is made directly to Cornerstone, Cornerstone shall promptly inform Client and provide full details of the same, except to the extent prohibited by law.

3. 10 Cornerstone shall, upon Client' s request and at Client' s expense, reasonably assist the Controller in ensuring compliance with Controller' s obligations pursuant to Articles 32 to 36 of the GDPR including security of Processing, notification of Personal Data breach, data protection impact assessment and prior consultation), based on the nature of Processing and the information available to Cornerstone.
4 Client' s General Obligations
Client will comply with all its obligations under applicable data protection laws and regulations. 5 Other Data Processors

5. 1 Cornerstone may engage other processors (" Subprocessors") for the Processing of Personal Data under this Addendum, provided Cornerstone ensures such Subprocessors' compliance with the terms of this Addendum. As of the effective date of the Addendum, Cornerstone relies on the Subprocessors listed in Annex 1 to provide the Services.

5. 2 Prior to the engagement of another Subprocessor, Cornerstone shall inform Client' s administrators of the intended subprocessing at least 30 days prior thereto, thereby giving the Client the opportunity to object to such change on reasonable grounds, as set forth in Article 28 of the GDPR.

5. 3 Client authorizes Cornerstone to transfer Client Data to Cornerstone Affiliates and/ or other Subprocessors located in the United States, Israel, India, New Zealand and/ or other locations outside the European Economic Area, as is reasonably required to provide support, perform technical projects or perform other types of services under the Master Agreement, provided that, to the extent applicable, either:( i) such locations are recognized by the European Commission as providing adequate data protection; ( ii) Cornerstone has executed on behalf of Client the EU Standard Contractual Clauses with such Affiliates and/ or other Subprocessors( Client hereby grants such proxy to Cornerstone); or( iii) upon Client' s request, Client executes the EU Standard Contractual Clauses directly with such Affiliates and/ or other Subprocessors.

5. 4 Cornerstone shall remain fully liable to the Client for the performance of its Subprocessors' obligations hereunder.
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DocuSign Envelope ID: 9ABAC519- 7656- 4C1C- 99B8- D2A58FOOEEAD 6 Data Retrieval and Deletion

6. 1 Client may retrieve its Personal Data at any time prior to termination of the Master Agreement as set forth therein.

6. 2 Promptly upon the expiration or earlier termination of the Master Agreement, or earlier upon Client' s request, Cornerstone shall securely destroy or render unreadable or undecipherable, each and every original and copy in every media of all Personal Data in Cornerstone' s possession, custody or control.

6. 3 Notwithstanding section 6.2, backups of Personal Data are to be deleted according to and in compliance with Cornerstone' s general backup cycle, which means that backups will be deleted at the latest within approximately six( 6) months from the decommissioning of Client' s portal.

6. 4 Cornerstone shall provide to Client, upon Client' s request, written confirmation that deletion has occurred in accordance with this section 6.

6. 5 In the event applicable law does not permit Cornerstone to comply with delivery or destruction of Personal Data as set forth herein, Cornerstone shall ensure the privacy, confidentiality and security of Personal Data in accordance with the standards agreed in this Addendum and shall not use or disclose any Personal Data after termination of the Master Agreement. 7 Miscellaneous
The parties may agree in good faith on any reasonable amendment to the Addendum required to maintain compliance with the applicable law. Such amendment may include additional fees to be reasonably agreed by the parties.

Client: City • Thousand •. ks Cornerstones e - , y.

Signature: Signature: 4
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Name:
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Name: Jim Gill
Title:
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Title: SvP, Public sector
Date:

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Date: December 23, 2019
13 Attest:

Cynthia Rodriguez, City Clerk
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David S. Womack, Assistant City Attorney
DocuSigned by:
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268B24AE554B438...

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DocuSign Envelope ID: 9ABAC519- 7656- 4C1C- 99B8- D2A58FOOEEAD Approved as to form:
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DocuSign Envelope ID: 9ABAC519- 7656- 4C1C- 99B8- D2A58FOOEEAD ANNEX 1
I. Categories of data, categories of data subjects and purposes of the Processing a) Categories of Personal Data
The Personal Data being Processed by Cornerstone may concern the following categories of data:

Learning, performance, recruiting, and/ or HR data
b) Categories of data subjects
The Personal Data Processed by Cornerstone may concern the following categories of data subjects:

Employees, suppliers, contractors, agents, directors, officers, customers, members, and/ or partners of the data controller and/ or its affiliates
c) Purpose and nature of the Processing operations
Personal Data may be Processed by Cornerstone for the following purposes:

Delivery and use of human capital management software;
Implementation services related to configuration of human capital management software; Product support; and
Technical projects
as further described in Cornerstone OnDemand' s SSAE18 audit report, IS027001 audit report, and IT security policy.
d) Special categories of data
None.

II. Current Subprocessors
Subprocessor Country Services performed
Cornerstone On Demand Limited* U. K. Support, Technical Project Services
Cornerstone OnDemand, Inc.* U. S. A. Support, R& D, Technical Project Services
Cornerstone On Demand Spain S. L. Spain Support
Cornerstone On Demand Global Operations, EU branches Support Inc.

Cornerstone On Demand Global Operations, Israel Support Inc.

Cornerstone OnDemand ANZ New Zealand Support
Cornerstone OnDemand Services India Private India Support, Technical Project Limited Services
If this Cornerstone entity isthe party executingthe Addendum, the entity will be deemed the Processorand not a Subprocessor.

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DocuSign Envelope ID: 9ABAC519- 7656- 4C1C- 99B8- D2A58FOOEEAD Cornerstone utilizes Amazon Web Services(" AWS") as a technology infrastructure provider. Acting in this capacity,AWShasno needto, and is prohibited from, accessingany Client Data.Additionally, Client Data isfully encrypted, with Cornerstone managing the encryption keys.

Cornerstone' s AWS environment will either meet or exceed Cornerstone' s security standards, and be located in the same region as Cornerstone' s data centers.
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DocuSign Envelope ID: 9ABAC519- 7656- 4C1C- 99B8- D2A58FOOEEAD ANNEX 2
Security measures
1) Cornerstone shall Process Personal Data in accordance with applicable law to which Cornerstone is subject and in accordance the data security requirements of the controls defined in SSAE 16 SOC 2 or ISO 27001( or equivalent standard).
2) Cornerstone shall appoint a fixed contact point for Client to carry out any matters in relation to the Processing of Personal Data.
3) Cornerstone shall ensure that Cornerstone' s employees receive adequate training and instructions, including, but not limited to, education on general safety awareness, relevant security policies and procedures, and Personal Data Processing.
4) Cornerstone shall maintain organizational and technical measures to ensure separation of data between clients and systems.
5) Access Control of Processing Areas
Cornerstone shall maintain suitable measures in order to prevent unauthorized persons from gaining access to the data Processing equipment ( namely telephones, database and application servers and related hardware) where the Personal Data is Processed or used. This is accomplished by measures like:
establishing security areas;
protection and restriction of access paths;
securing the decentralized telephones, data Processing equipment and personal computers; establishing access authorizations for employees and third parties, including the respective documentation;
regulations on card- keys;
restriction on card- keys;
all access to the data centre where Personal Data is hosted is logged, monitored, and tracked; the data centre where Personal Data is hosted is secured by a security alarm system; and other appropriate security measures.
6) Access Control to Data Processing Systems
Cornerstone shall maintain suitable measures to prevent its' Personal Data Processing systems from being used by unauthorized persons. This is accomplished by measures like:
identification of the terminal and/ or the terminal user to the Cornerstone systems; automatic time- out of user terminal if left idle, with identification and password required to reopen; automatic turn- off of the user ID when several erroneous passwords are entered; log file of events( monitoring of break- in-attempts);
issuing and safeguarding of identification codes;
dedication of individual terminals and/ or terminal users, and identification characteristics exclusive to specific functions;
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DocuSign Envelope ID: 9ABAC519- 7656- 4C1C- 99B8- D2A58FOOEEAD employee policiesandtraining with respectto eachemployee'saccessrightsto PersonalData(if any), including informing employeesabout their obligations andthe consequencesof anyviolations of such obligations,to ensure that employees will only access Personal Data and resources required to perform their job duties; and
all access to data content is logged, monitored, and tracked. 7) Access Control to Use Specific Areas of Data Processing Systems Cornerstone commits that the persons entitled to use its Personal Data Processing system are only able to access the data within the scope and to the extent covered by its access permission ( role or authorization) and that Personal Data cannot be read, copied or modified or removed without authorization. This shall be accomplished by:
employee policiesandtraining with respectto eachemployee'saccessrights to the PersonalData; allocation of individual terminals and/ or terminal user, and identification characteristics exclusive to specific functions;
monitoring capability in respectof individualswho delete, add or modify the PersonalData; effective and measured disciplinary action against individuals who access Personal Data without authorization;
release of Personal Data only to authorized persons;
control of files, controlled and documented destruction of Personal Data; and policies controlling the retention of back- up copies.
8) Availability Control
Cornerstone shall maintain suitable measures to ensure that Personal Data are protected from accidental destruction or loss. This is accomplished by:
infrastructure redundancy;
tape backup is stored off-site and available for restore in case of failure of SANinfrastructure for database server;
complying with Cornerstone' s business continuity policy; and any detected security incident is recorded
Forall applications supported by the Cornerstone,the following controls will be implemented:
9) Transmission Control
Cornerstone shall maintain suitable measuresto prevent the Personal Data from being read, copied, altered or deleted by unauthorized parties during the transmissionthereof or during the transport of the data media. This is accomplished by:
use of state- of- the- art firewall and encryption technologies to protect the gateways and pipelines through which the data travels;
certain highly confidential data( e.g., personally identifiable information such as National ID numbers, credit or debit card numbers) is also encrypted within system transmission; and asfar aspossible,all data transmissionsare logged,monitored and tracked.

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DocuSign Envelope ID: 9ABAC519- 7656- 4C1C- 99B8- D2A58FOOEEAD 10) Input Control
Cornerstone implements suitable measures to ensure that it is possible to check and establish whether and by whom PersonalData has been input into PersonalData Processingsystemsor removed. This is accomplished by:
an authorization policy for the input of data into memory, aswell asfor the reading, alteration and disposal of stored Personal Data;
authentication of the authorized personnel;
protective measures for the data input into memory, as well as for the reading, alteration and disposal of stored Personal Data;
utilization of user codes( passwords);
following a policy according to which all employees of Cornerstone who have access to Personal Data Processed for Client shall reset their passwords at a minimum once in a 180 day period; providing that entries to Data Processing facilities ( the rooms housing the computer hardware and related equipment) are capable of being locked;
automatic log-off of user IDs that have not been used for a substantial period of time; proof establishedwithin Cornerstone'sorganization of the input authorization; and electronic recording of entries.
11) Cornerstone system administrators ( if any):

Cornerstone shall maintain measures to monitor its system administrators and to ensure that they act in accordance with instructions received. This is accomplished by:
individual appointment of system administrators;
adoption of suitable measures to register system administrators' access logs and keep them secure, accurate and unmodified for at least six months;
yearly audits of system administrators' activity to assess compliance with assigned tasks, the instructions received by importer and applicable laws;
keeping an updated list with system administrators' identification details ( e.g. name, surname, function or organizational area) and tasks assigned.
12) Separation of Processing for different Purposes Cornerstone shall maintain suitable measures to ensure that Personal Data collected for different purposescan be Processedseparately.This isaccomplishedby:
access to Personal Data is separated through application security for the appropriate users; and modules within Cornerstone' s database separate which data is used for which purpose, i. e., by functionality and function.

Client acknowledges and agrees that Cornerstone may change its security policies and related security measures, provided that Cornerstone maintains, at all times, an overall level of security as least as stringent as the one set forth in this Addendum.
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DocuSign Envelope ID: 9ABAC519- 7656- 4C1C- 99B8- D2A58FOOEEAD Ornerstone
Cornerstone OnDemand— ORDER
Client Name(" Client"): City of Thousand Oaks, CA
Order Effective Date: Date of last signature below] Quote Number Q-00098950
Is a new purchase order required for this purchase?* (" No," unless box is checked) [ ] Yes: PO# Primary Client Contact Tim Giles tgiles@toaks. org 8054492154 Client Address( Ship To) 2100 E Thousand Oaks Blvd, Thousand Oaks, CA, 91362, United States Primary Billing( Invoice) Contact Tim Giles tgiles@toaks. org 8054492154 Client Billing( Invoice) Address 2100 E Thousand Oaks Blvd, Thousand Oaks, CA, 91362, United States Order Start Date: 12/ 31/ 2019 Order Term/ Order End Date: 12/ 30/ 2020 Note: Pleasesend purchaseorder numberto DLCollections(')a.csod.comwithin three( 3) businessdays of ordersigning.

Product( s)
ao G Name E' a> Qu, ntty. Ann
Learning 400 12, 500. 00
Competency Management 400 0. 00
Included Customer Success Package 1 0. 00
Unlimited Video Hosting and Delivery 1 0. 00
Grovo- Full Library 400 12, 000. 00
Create Tool 2 0. 00
Data Load Wizard 1 0. 00
ANNUAL FEE SUBTOTAL 24, 500. 00
Onetime Fee( s)`;
Services( see attached Statement of Work) 0. 00
FIRST YEAR GRAND TOTAL 24, 500. 00
Special Terms
Client will have the option to renew this Order two times for one- year terms.

Client agrees to an annual 4. 50% fee increase for the Annual Feesin this Order, beginning on the first anniversary thereof. In exchange, except for Content purchases, Cornerstone agreesnever to increasesuch prices beyond this rate during the Order Term and/or any renewal thereof for the samecontract length, products and quantities.

Invoicing Schedule
Payment terms for this Order shall be Due Upon Receipt
Annual fees are invoiced annually, beginning on the Order Start Date,through the Order EndDate. If applicable,the final invoice for annual feeswill be prorated asfollows: (total number of days in the prorated period/ 365) x annual fee. One-time fees are invoiced on the Order Start Date.

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Contract No. 12270- 2019
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DocuSign Envelope ID: 9ABAC519- 7656- 4C1C- 99B8- D2A58FOOEEAD Ornerstone
Product Details
Included Package:

New Functionality Readiness and Adoption— adopt and drive usage of new features S. O. S.( Sustain Our System)— get help with tasks and on- boarding new admins, and tune up your reports Education— an efficient way to learn Cornerstone products, features and functions Customer Success— proactive, strategic guidance and support to make the most of your investment Technical Support— enhanced support and issue resolution Client Community— access self- help tools, connect with peers and stay up to speed on what' s new See https:// www. cornerstoneondemand. com/ support/ included for detailed support descriptions.

Purchased course( s) shall be available from the Order Start Date above, through the earlier of: ( i) the Order End Date above; or( ii) termination/ expiration of all Learning Orders; or( iii) termination of the Agreement, after which time all access/ course registrations shall be terminated or expire without refund. Courseloading and hosting servicesare included as a part of this Order. Content subscriptions are non- transferable; they are unique to individual users. Client will be invoiced automatically for each subscription/ registration exceeding the number purchased, based on the total Content price set forth in this Order, divided by the total number of Active Users subscribed to/ registered for that Content.

Some Content is hosted by third- party content providers. These providers may process personal information ( e.g., Active User identification, course tracking, etc.) only as necessary to provide the Content in accordance with AICC, SCORM, or equivalent standards. The list, locations, and security and privacy policies of such providers are available upon request.

Original content created by Client usingthe GrovoCreateTool will be deemed Client Content. Any proprietary Cornerstoneor Cornerstonecontracted third parties' content adapted or modified by Client usingthe Grovo CreateTool will be deemed Software.

Terms and Conditions
This Order is hereby incorporated into and made part of the parties' master agreement ( the " Agreement"). If the term of the Agreement is set to expire prior to the end of the Order Term, the term of the Agreement ishereby extended through the end of the Order Term for the purposes of this Order.

Agreed and accepted:

Client Cornerstone On a aig1edbr:

Signature: v/,
Signature:

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Name: I14 .,. p ' . / 4 ' d, v Je:

Jim Gill
Title: iit Title: SVP, Public Sector
Date: i 1
71446,

01. 291'?
Date: December 23, 2019
occu8lgned by
268B24AE5548438..

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Contract No. 12270- 2019
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Cornerstone

STATEMENT OF WORK

SCOPE OF SERVICES AND DELIVERABLES
Timeline and Delivery
Upon completion of the Client portal and configuration set up tasks, Cornerstone will distribute all acxss credentials to the Client,which indicatesthe Client Portal systemsare ready for use.Acceptanceof these deliverableswill be in accordancewith the Agreement. Upon completion of the Client Portal and Configuration Set Up phase, the Software is ready for use by Client.

PROJECT RESOURCES
The table below outlines recommended resources and time estimates for each phase. Time durations are estimates and may vary basedon client requirement.Each phasemay overlap and may require a shifting of hours among phasesbased on Client's processes. The project lifecycle may be repeated for each additional module.

EstimatedPhase Cornerstone Resources Client Resources
Duration
Build Prototype 2 Weeks • Implementation Consultant Project Manager Integration Consultant Business Process Owners
Technical Resources
System Administrators
Proof of Concept 2 Weeks • Implementation Consultant Project Manager Integration Consultant Business Process Owners
Technical Resources
System Administrators
Validate and 4 Weeks • Implementation Consultant Project Manager Launch Integration Consultant Business Process Owners
System Administrators
Technical Resources
Contract No. 12270- 2019
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Omerstone

IMPLEMENTATION SERVICES AND ESTIMATED TIMELINE
The Scope of Services outlined below provides a breakdown of the key components of the Implementation Services and the correspondingdeliverablesto be providedby Cornerstoneand Client.

Phase Cornerstone Deliverables Client Deliverables
Build Week One: Weeks One:

Prototype
Collect anyclientprocess documentation( via completed • Completeprocessquestionnaire( if notP P already process Questionnaire) completed)
Prepare prototype configuration of the Live portal based • Provide branding and marketing requirements( if not upon client response to process Questionnaire already provided through questionnaire) Project initiation call with client. Confirm project scope • Deliver documented learning processes including with client project team approvals, evaluations, process maps and supporting Identify and communicate to client the most important forms or documentation( if not already provided through online courses for the project scope questionnaire)
Create meeting schedule for project lifecycle Provide external user approval workflows( if not already Establish and document project controls and processes provided through questionnaire) for status reporting, issue resolution, and risk Provide external training requirements( if not already management processes provided through questionnaire)
Schedule kickoff meeting Client completes administrator training as prescribed in Communicate requirement to complete Organizational the training plan Units, Security preferences and training Participates in remote kick- off meeting Complete remote kick- off meeting Assemble project team Review technical projects in- scope Definemeasuresof project success Deliver technical projects questionnaires Attend technical project kickoff calls Deliver technical documentation( data design documents • Provide organization chart( s) to assist in designing and templates) Organization Unit structure
Implementation Consultant schedules and leads Provides sample user profile record and definition Organizational Unit Workshop Client content provider listing and courses Provide use case scenarios to model recommended
Week Two: configuration
Schedule and lead technical kickoff calls when Week Two:
applicable or direct client to recorded technical Attend remote sessions workshops Confirm meeting schedule
Complete options for any additional training that has • Take online training as needed been purchased Completedesignspecificationsfor technicalprojects in Review prototype with client scope.

Deliver client tool kit for success
Proof of Week Three: Week Three:

Concept
Technical follow up meeting Attend remote sessions
Prep work for Proof of Concept sessions Complete administrator training as prescribed in the Week Four, training plan
Conduct Proof of Concept sessions to review initial Week Four. portal configuration Attend Proof of Concept remote sessions Cornerstone will update live portal( if required) based on • Create customized acceptance test scripts outputs from Proof of Concept Sessions Complete administrator training as prescribed in the Scope of updates will be limited to: training plan
Configure for Learning Module Complete setup in live portal including:
o Platform preferences, email triggers o Global Configurations— emails triggers, security o eLeaming( SCORM/ AICC) content load( 1 course) roles, welcome page, preferences Contract No. 12270- 2019
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ornerstone
Phase Cornerstone Deliverables Client Deliverables
and one( 1) Level 1 evaluation o Language translations, as necessary o One( 1) instructor- led training example o Configuration of additional client security roles o One( 1) curriculum Learning Module
o One( 1) material o Load eLeaming course content and materials o One( 1) video o Load all required documents including curriculums, o One( 1) proxy enrollment test and evaluations, Instructor Led Training events o One( 1) test and sessions, instructors, facilities, and certifications o One( 1) training request form o Test content launching, tracking, and completion o One( 1) approval workflow
Complete and implement technical projects in scope.

Deliver sample test scripts
Submit request for Client Success Manager
Validate 8 Week Five: Week Five:

Launch
Schedule copy down from live to pilot to copy above Attend follow- up remote sessions configuration to pilot prior to commencement of UAT • Attend User Acceptance Testing prep meetings Copy pilot to stage if you need to preserve Historic Data • Create and complete user acceptance test scripts Discuss User Acceptance Testing including test scripts Week Six through Seven:
and participants Attend all User Acceptance Testing calls Schedule daily User Acceptance Testing touch base to • Review UAT feedback with Implementation team solution review open issues with client( include Client • Make corrections or configuration changes based on Success Manager) UAT findings in Live portal
Solidify configuration with client in preparation for User • Test system interfaces end- to- end Acceptance Testing in pilot Populate specific test data like tasks and users Complete technical projects in scope: Create and complete client- specific test assessment Week Six through Seven: template
Daily User Acceptance Testing touch base to review Week Eight:
open testing issues with client( include Client SurrPcs • Attend Client Sum. gs Manager transition meeting Manager) Client makes configuration adjustments on Pilot and Live Triage( categorize and prioritize) reported issues and portals address prior to go- live Update Live portal configuration based on testing Finalize integration projects in production feedback
Support Client during testing and validation Post Live issue remediation( partner with Client Success Manager to assist)
Week Eight: Client Go- Live
Complete Client Success Manager handoff
Technical Projects
Copy down executedto pilot( Can do copy over from
pilot to stage prior to Live Copy Down if needed)
Obtain named care admins from client
Support Client during testing and validation
SOW Review with Client Success Manager
Close out any open issuesfitems for Go Live
Client Go- Live
Discuss post live survey with client
Schedule and execute final Historical Data Loads
Conduct project close out
Contract No. 12270- 2019
DocuSign Envelope ID: 65DCEDE0-B126-46E2-9A2E-E28317CEF9BF Item No.7J

omerstone

TECHNICAL PROJECTS AND EDUCATIONAL SERVICES SCOPE
Custom Login Page( CLP)
Brief Summary
Create a Custom Login Page, in a single Corporatelanguage,followingClient's designand layout accordingto Cornerstone-provideddesign guidelines and templates.

Tasks
Cornerstone: Provide Client with Cornerstone' s Custom Login Page design templates Cornerstone: Lead Client in Custom Login Page design workshops to review Custom Login Page process Client: Create Custom Login design based on Cornerstone' s Custom Login Page design templates Cornerstone: Create Custom Login Page in stage per Client' s design Client: Review and indicate corrections to errors detected in stage portal Cornerstone: Reload corrected Custom Login Page as necessary in stage portal Client: Review and approve Custom Login Page loaded to stage portal Cornerstone: Load Custom Login Page on pilot and live portals Assumptions
Utilizes Cornerstone Custom Login Page design document template Responsive Custom Login Page design is out of scope( responsive design requires a custom project which could result in additional charges to Client)
Client will providewritten sign off on the Custom LoginPage on the stage portal,which will be used as approvalto pushthe Custom Login Page to pilot and live portals
Client may ask for one( 1) iterationof the CustomLoginPage oncethe Custom Login Page is deployedon stage portal Any changesrequestedsubsequentto the approvalof tl\e CustomLogin Page on the stage portalwill requirecreation of a change request document. Change requests are reviewed and could result in additional charges to Client.

Project Component- Data Load Wizard
Brief Summary
Integrationwith Client systems enablingautomatedmaintenanceof the followingdata sets: Client UserAccounts and OrganizationalUnits OUs), historical LMS user transcript records, learning objects, material files, compensation data, competency bank items and resume data Tasks
Cornerstone: Enable Data Load Wizard in client portals
Cornerstone: Lead the Client in a design workshop to review the data feed design process and supports the design decision process of the Client
Client: Prepares files for load
Cornerstone: Guides Client on loading files into the Pilot Portal Client: Reviews and corrects any errors detected in the load process Client: Reviews and approves data load on Pilot
Client: Loads data to Live using Data Load Wizard and templates Assumptions
Utilizes Cornerstone standard Data feed specifications as designed for the Data Load Wizard.

Client has the ability to extract and transformsource data to the Design Specificationsformat.

Client has the ability to configurefile transfers of data to Cornerstone Contract No. 12270- 2019
DocuSign Envelope ID: 65DCEDE0-B126-46E2-9A2E-E28317CEF9BF Item No.7J

omerstone
Formally accept( sign- off) all key deliverables and implementation services per the Agreement.

ManageClient project staffingand milestonesthrough Cornerstoneprovidedwork plan.

Ensure completion of Client project deliverables.

Attend and participate in implementation sessions.

Provide a primary point of contact for Cornerstone during and after the implementation.

Ensure properchange managementcommunicationto end-users duringimplementationin preparationfor rollout.

The project will be conducted remotely
Cornerstoneand Client agreethat changesto key membersof implementationteam or significant changesin business requirementsor decisions,in each case by Client,that cause delays in the projecttimeline may requirea changeorder to this Statement of Work. Change orders are reviewed and may result in additional charges.

Client is solely responsible for testing all processes during the UAT phase Client will utilize the Cornerstone content loader to upload online content to the portal. All Client content is SCORM v1. 2, SCORM 2004, xAPI orAICC v3. 5 compliant
Client is solely responsiblefor testing( Tracking, Completion,etc.) all content loadedto the Cornerstoneportal.

Any technicalintegrationor service, historicaldata load, masterdata load, or data migrationnot expresslylisted in this Statement of Work with an accompanyingprice will be scoped as a separatework effort and is not includedin the scope of this document.

Requests for application code changes are out of scope
Additional contractsmay be requiredto utilizethird party( non-CornerstoneOnDemandservicesand integrationssuch asjob board aggregation,video interview,backgroundscreening,employeeeligibility and citizenship.

Client will ensurethat all data fields relatedto controllingdata retentionprocessesare capturedcorrectlyon the User record e.g.

Legal Entity,TerminationDate,TerminationReasonand EmploymentStatus. If Client only requiresa single data retention period, Clientwill set-up one Legal Entity OrganizationalUnit. Clientwill activatethe data retentionprocessesfor that Legal Entity by submitting a work order to Cornerstone's Global ProductSupport afterthe completionof the implementationdeliverables.If Client requires multiple Legal Entities to fulfill Client' s data retention policy requirements, Client will need to engage a Services Partner via a paid for Consulting engagement.

Exceptwhere otherwisestatedor agreed by the parties,Cornerstone's obligationto performthe Services set forth hereinexpires at the earlier of:( i) acceptance of the Service by Client;( ii) Eighteen months from the purchase date.

Contract No. 12270- 2019
DocuSign Envelope ID: 65DCEDE0-B126-46E2-9A2E-E28317CEF9BF Item No.7J

3merstone

TIMELINE AND DELIVERY
The parties agree to initiate the project within two weeks of the Order Effective Date.

The Implementation Services set forth and described in this Statement of Work will take eight( 8) weeks in duration to complete.

The Services will be performed remotely by Cornerstone, except for any on-site Services so expressly identified herein.

The Services will be performed for the below flat fee( s), plus reimbursement of pre- approved travel expenses for on-site activities.

Changesto the scopeof this Statementof Work and/or Client delayswill require a change order and may result in additional expense.

Client and Cornerstone will create the project plan to meet this completion date during the Initiate phase. Client and Cornerstone agree to providethe necessaryresourcesto completeall of the deliverablesas perthe agreed projectplan.

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Implementation Services 0. 00
Learning Implementation- Small Enterprise SVCSIMP0120 Included Competency Management Implementation- Small Enterprise SVCSIMP0135 Included Competency Management Implementation- Small Enterprise SVCSIMP0135 Included Technical Services 0. 00
Custom Login Page( CLP) SVCSTEC0003 Included
Data Load Wizard Implementation SVCSTEC0082 Included
Total Service Investment 0. 00
The end of the Implementation Services is defined as the completion of the above Cornerstone deliverables as outlined under the Implementation Services section of this document. Acceptance of the deliverables will be in accordance with the Agreement.

ASSUMPTIONS AND CLIENT OBLIGATIONS
In order for Cornerstone to provide the Services outlined in this Statement of Work, Client shall provide the necessary resources to fulfill the obligations listed below:

Select and assign knowledgeable, empowered Implementation team including the following roles, which may overlap:
o Business Process Owner for Learning Management System( aka, the Decision Maker) o Lead Cornerstone System Administrator
o Project Manager of the Cornerstone implementation
o HRIS Technical Administrator( Optional, depending on data requirements and extraction capabilities) o Executive Stakeholder( Optional)
Begin going through kick- off documentation in the Client Success Center Empowerteam to make real-time decisions regardingconfigurationand businessprocessfunctionsduring the project.

Ensure projectteam attendanceand active participationduring all phases of the Implementationproject.

Client will ensure the requisite training has been completed prior to the start of UAT.

Contract No. 12270- 2019
DocuSign Envelope ID: 65DCEDE0-B126-46E2-9A2E-E28317CEF9BF Item No.7J

TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:December 6, 2022
SUBJECT: Turblex Blower Maintenance and Repair Services RECOMMENDATION:

1. Award General Services Agreement to Lone Star Blower, Inc. (Houston, TX) for an amount not-to-exceed $155,280 for Turblex™ Blower Maintenance and Repair Services with a three-year term through December 31, 2026.

2. Authorize expense for FY 2022-23 in the amount of $13,920 from A/C #621- 8250-682-5699 (Contracted Services) and up to $30,000 for anticipated materials from A/C #621-8250-685-3220 (Parts & Materials/Maintenance).

3. Find that this action/project is categorically exempt from California Environmental Quality Act pursuant to Section 15301(b).

FINANCIAL IMPACT:

No Additional Funding Requested. $43,920 is included in the Adopted FY 2022- 23 Wastewater Fund Budget. The remaining funds will be requested during the upcoming biennial budget process.

BACKGROUND:

The Hill Canyon Treatment Plant (HCTP) treats wastewater from Thousand Oaks residents and businesses. Constructed in the 1960s with major improvements over the following decades, HCTP provides advanced tertiary level wastewater treatment. The facility treats an average of eight-million gallons per day of wastewater generated from its domestic, commercial, and industrial customers and operates 24-hours per day/seven days per week.

Biological treatment of wastewater takes place in six bioreactors. Essential to this process is the constant addition of air flow to the bioreactors to aid in the treatment process. In 2005, HCTP installed six high-efficiency Turblex blowers at the facility Item No.7K

Turblex Blower Maintenance and Repair Services
December 6, 2022

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4 5
2 to supply air to all the bioreactors. The blowers are operated one-at-a-time and rotated through service on a regular basis. Due to the continuous use of the blowers and their importance in the treatment process, regular maintenance by manufacturer’s certified mechanics is required. City staff does not have this expertise and requires the assistance of a certified technician.

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/Qualifications (RFP/Q) for Turblex Blower Maintenance and Repair Services on April 22, 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.

On May 20, 2022, staff received four proposals from the following vendors:
•Lone Star Blower, Inc. (Houston, TX)
•Howden Roots, LLC (Springfield, MO)
•BCV Systems (Springfield, MO)
•TKN Rotating Services, LLC (Humble, TX)
Staff evaluated each proposal based on experience, references, project understanding, price, and quality assurance. Of the proposals received, staff determined that Lone Star Blower, Inc., submitted a proposal that best met the evaluation criteria at the best value to the City. Furthermore, Lone Star Blower, Inc. has been the City’s service provider since 2018 under an agreement previously approved by City Council and has provided satisfactory service throughout that time.

Staff recommends approval of a three-year agreement with Lone Star Blower, Inc. for Turblex Blower Maintenance and Repair Services (Attachment #1) in an amount not-to-exceed $155,280.

This action consists of maintenance of existing mechanical equipment at the HCTP and does not include any expansion of the existing facilities or use and is therefore categorically exempt from the California Environmental Quality Act pursuant to section 15301(b).

Item No.7K

Turblex Blower Maintenance and Repair Services
December 6, 2022

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2 COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

PREPARED BY: Kim Sherman, Sr. Purchasing Specialist
Attachments:

Attachment #1 – Lone Star Blower, Inc. Agreement
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ATTACHMENT #1
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Project Name: Turblex Blower Maintenance
and Repair Services

AGREEMENT FOR GENERAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
LONE STAR BLOWER, INC.

THIS AGREEMENT, made and entered into this 1 st day of January, 2023, by and between the CITY OF THOUSAND OAKS, a municipal corporation (hereinafter referred to as "City"), and LONE STAR BLOWER, INC. (hereinafter referred to as "Service Provider"). City and Service Provider agree as follows:

1. RETENTION OF SERVICE PROVIDER
City hereby retains Service Provider, and Service Provider hereby accepts such engagement, to perform the services described in Section 2. Service Provider 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 Service Provider are as follows, and are more particularly described in the Scope of Work, attached as Exhibit “A” and incorporated herein: furnishing all labor and materials incidental to conduct Blower Maintenance and Repair Services of six (6) blowers manufactured by Turblex™, located at the City’s Hill Canyon Treatment Plant, including scheduled and as-needed on-site inspections.

3. COMPENSATION AND PAYMENT
(a) Maximum. The total compensation earned by or payable to Service Provider, by City, for any and all services under this Agreement shall not exceed $155,280 (herein "not to exceed amount”).
(b) Rate. Service Provider shall be paid a fixed sum for work performed under this Agreement, said sum being described in Service Provider’s Schedule of Fees, attached as Exhibit “B.” Any changes or modifications resulting in an increase to this fixed sum must be approved in writing by City’s Project Manager in advance, and may not surpass the not to exceed amount. (c) Payment. All payments shall be made within 30 days after receipt of written verification from Service Provider of the actual compensation earned, in a form satisfactory to City's Project Manager.

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(d) 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 AND SERVICES BY CITY
The services to be performed by Service Provider 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, Enrique Perez, 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. Service Provider 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. Service Provider 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 Service Provider is required to pay. Service Provider is responsible for all taxes required to be paid under this Agreement.

Permits and Licenses. Service Provider shall procure all permits and licenses, pay all charges and fees, and give all necessary or legally required notices.

Prevailing Wage. Service Provider is obligated to pay prevailing wages under the California Labor Code. Service Provider 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 Item No.7K

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responsibility of Service Provider to be familiar with the California Labor Code, and failure or neglect of Service Provider to understand the California Labor Code shall in no way relieve Service Provider 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 currently registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

Safety Provisions. Service Provider 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. Service Provider 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 Service Provider's operations, it shall be replaced or restored within a reasonable time at Service Provider's expense. The facilities shall be replaced or restored to a condition as good as when Service Provider began work.

Subcontractors. Service Provider 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. Service Provider 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.

Service Provider Non-Discrimination. In the performance of this work, Service Provider 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 Service Provider 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 Item No.7K

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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 Service Provider.

Inspection. Service Provider shall furnish City with every reasonable opportunity for City to ascertain that the services of Service Provider 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 Service Provider of any of its obligations to fulfill its contract requirements.

Audit. Service Provider 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. Service Provider 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. Service Provider 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 Service Provider with respect to this Agreement, if allowed by this Agreement.

6. TERM, PROGRESS AND COMPLETION
This Agreement shall expire on December 31, 2026, unless Service Provider'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.

Service Provider shall not commence work on the services to be performed until (i) Service Provider 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 Service Provider without City's prior consent in writing.

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8. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for Service Provider's Damages. Service Provider holds City, its elected officials, officers, agents, employees and volunteers, harmless from all of Service Provider's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Service Provider, to Service Provider's employees, to Service Provider’s contractors or subcontractors, or to the owners of Service Provider'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. Service Provider shall indemnify, defend with legal counsel approved by City, and hold harmless City, its elected officials, officers, 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 Service Provider’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 Service Provider, or should City otherwise find Service Provider’s legal counsel unacceptable, then Service Provider shall reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. Service Provider 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 Service Provider’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.

Service Provider’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, Service Provider 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 Service Provider will be for that entire portion or percentage of liability not attributable to the active negligence of City.

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(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 Service Provider’s indemnification of City, and prior to commencement of Work, Service Provider 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 in a form that is satisfactory to City.

Coverage shall be at least as broad as:
(a) Commercial General Liability (CGL): Service Provider shall, at Service Provider’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: Service Provider shall, at Service Provider’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 Service Provider 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: Service Provider shall, at Service Provider’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. Service Provider 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 Service Provider, its employees, agents and subcontractors.

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

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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 Service Provider 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 Service Provider’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, Service Provider 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.

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 Service Provider, or City will withhold amounts sufficient to pay premium from Service Provider’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 Service Provider ninety (90) Item No.7K

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days advance written notice of such change. If such change results in substantial additional cost to Service Provider, City and Service Provider may renegotiate Service Provider's compensation.

Primary and Non-Contributory Coverage
For any claims related to this Agreement, Service Provider'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 elected officials, officers, agents, employees or volunteers shall be excess of Service Provider's insurance and shall not contribute with it and 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 Service Provider 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 Service Provider, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Service Provider 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.

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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, Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.

Verification of Coverage
Service Provider 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 Service Provider'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
Service Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Service Provider 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 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 Item No.7K

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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. TERMINATION BY CITY
City may terminate any portion, or all of the services agreed to be performed under this Agreement by notifying Service Provider in writing 30 calendar days prior to any termination. In the event of such termination, Service Provider 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 Service Provider within 30 days following submission of a final statement by Service Provider.

12. CORRECTIONS
Service Provider shall correct, at its expense, all errors in the work which may be disclosed during City's review of Service Provider's work. Should Service Provider 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 Service Provider

13. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Service Provider 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 Service Provider for anything done, furnished or relating to Service Provider'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 five (5) calendar days of the receipt of that check, whichever occurs first. However, any approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Service Provider, 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 Service Provider, its employees, subcontractors, agents and consultants.

Item No.7K

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14. 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.

15. CONFLICT OF INTEREST
Service Provider is unaware of any City employee or official that has a financial interest in Service Provider's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Service Provider shall not offer, encourage or accept any financial interest in Service Provider's business by any City employee or official. If a portion of Service Provider's services called for under this Agreement shall ultimately be paid for by reimbursement from and through an agreement with a developer of any land within City or with a City franchisee, Service Provider warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any contract or request to perform services for that identified developer/franchisee during the term of this Agreement.

16. NON-APPROPRIATION OF FUNDS
Payments due and payable to Service Provider 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 Service Provider’s services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.

17. GOVERNING LAW; CAPTIONS; ENTIRE AGREEMENT BETWEEN

PARTIES
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.

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. 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. The captions or headings in this Agreement are for Item No.7K

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convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement. This Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering or services and contains all of the covenants and agreements between the parties with respect to said services. Any modifications of this Agreement will be effective only if it is in writing and signed by the party to be charged.

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. TAXPAYER IDENTIFICATION NUMBER
Service Provider 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.

20. 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 Manager, or his designee, and Service Provider.

21. 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.

22. 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.

Item No.7K

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23. 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: City of Thousand Oaks
Hill Canyon Treatment Plant
Attn: Kim Sherman
Sr Purchasing Specialist
9600 Santa Rosa Road
Camarillo, CA 93012
(805) 491-8116
[email protected]
TO SERVICE PROVIDER: Lone Star Blower, Inc.

Attn: Cameron Turner, Service Manager
8883 West Monroe Road
Houston, TX 77061
(832)532-3112
[email protected]

24. 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.
(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 Item No.7K

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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 written above.

LONE STAR BLOWER, INC.

Jonathan Michel
Vice President of Aftermarket

Jeremy Haas
Chief Financial Officer

CITY OF THOUSAND OAKS
Bob Engler, Mayor
ATTEST:

Laura B. Maguire, Acting 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:

Tracy Friedl, Assistant City Attorney
Item No.7K

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EXHIBIT A

SCOPE OF WORK
Service Provider shall furnish all labor and materials incidental to conduct Turblex Blower Maintenance and Repair Services at the City’s Hill Canyon Treatment Plant (HCTP) (9600 Santa Rosa Road, Camarillo, CA 93012), including scheduled and as-needed on-site inspections according to the manufacturer's recommended inspection and service intervals for operations and maintenance (O & M).

City will provide to Service Provider a digital copy of HCTP’s current “Handbook for Operation and Maintenance of Compressor KA5SV-GL210” and related documents. Service Provider shall acquire updates to the O & M documents and provide digital copies to the City. Service Provider shall provide inspection and maintenance reports in written and/or digital PDF format, documenting all checks performed with associated before and after quantifications, services performed, and any recommendations prior to invoicing for the work.

EQUIPMENT DESCRIPTION:

The following six (6) Turblex Blowers shall be included in this Scope of Work:

Units Located in Blower Building No. 1 Asset
Number
Serial
Number
Approx.

Run
Hours
Compressor For: Air 12H-ME-101 6159 45424
Ref.: KA5SV/GL210 12H-ME-102 6160 47157
Year: 2003 12H-ME-103 6161 31665
Inlet Pressure: 14.30 PSIA
Diff. Pressure: 9.30 PSIG
Max Inlet Temperature: 96.0°F
Capacity Min/Max: 2065/4850 ACFM
Gear Ratio: 174/35
Units Located in Blower Building No. 2 Asset
Number
Serial
Number
Approx.

Run
Hours
Compressor For: Air 15C-ME-101 6162 60741
Ref.: KA5SV/GL210 15C-ME-102 6163 59043
Year: 2003 15C-ME-103 6164 57292
Inlet Pressure: 14.30 PSIA
Diff. Pressure: 14.70 PSIG
Max Inlet Temperature: 96.0°F
Capacity Min/Max: 2203/5173 ACFM
Gear Ratio: 179/30
Item No.7K

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ANNUAL INSPECTION AND MAINTENANCE:

Service Provider shall conduct initial inspection and maintenance of all six Turblex units within three months of City’s written Notice to Proceed. Inspections and maintenance shall be conducted annually and shall include, but are not limited, to the following:

A. Cleaning and checking all parts exposed to the medium flowing through compressor
B. Replacement of all flexible seals
C. Operational test and if necessary, adjust control panel settings D. Check and document:

1. Date and time of inspection

2. Unit serial number

3. Inlet air temperature

4. Hour meter

5. Variable diffuser position on scale as shown on LCP HMI

6. Inlet guide vane position on scale as shown on LCP HMI

7. Compressor differential pressure

8. Discharge air pressure and temperature

9. Oil supply pressure and temperature

10. Oil reservoir temperature

11. Inlet filter differential pressures

12. Compressor bearing temperatures

13. Compressor gearbox vibration

14. Motor amperage

15. Motor winding temperatures

16. Motor bearing temperatures

17. Inspect for cleanliness and general condition of compressor assembly and accessories

18. Clean air compressor assembly

19. Inspect and replace inlet air filter element(s)

20. Check oil filter element condition and replace as needed

21. Check for oil leaks on the equipment and piping

22. Check oil/grease level in motor bearings and change as needed

23. Verify motor is clean and ventilation openings are clear of dust, dirt, or debris

24. Verify surge detection unit operates properly

25. Cycle all motorized valves to check operation and limit switch indications

26. Clean oil cooler

27. Check oil level in compressor and sample/change oil

28. Check oil reservoir breather element for oil leakage and replace if leakage is observed
Item No.7K

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29. Inspect inlet filter/silencer for cleanliness and general condition

30. Verify discharge check valve operates properly to prevent backflows

31. Inspect control arm(s) of variable control vanes for slippage

32. Inspect and tighten all mechanical and electrical connections

33. Check coupling disc-pack outer edges for fatigue cracks

34. Check coupling alignment and tightening torques of all bolts and provide laser alignment report

35. Verify and document all 4-20 mA current loops are operating properly.

CLASS I MAINTENANCE AND/OR INCIDENTAL REPAIR:

The following services include up to two (2) Turblex Blowers per year as directed by City Project Manager and shall include, but are not limited to:

A. Record compressor operating data prior to servicing the unit B. Remove filter’s spool piece to provide maintenance access C. Disassemble compressor air-end, including variable vane system, inlet housing spiral casing, contour ring, impeller/rotor and diffuser plate D. Inspect and clean impeller
E. Inspect, clean, and lubricate all parts in the variable vane system F. Check variable vane geometry
G. Replace flexible seals (O-rings)
H. Reassemble compressor and record critical clearances I. Clean inlet silencer
J. Reassemble compressor and record critical clearances K. Clean inlet silencer
L. Reassemble inlet air filter assembly / inlet piping
M. Check coupling alignment before re-start
N. Perform an operational test of the unit for 4-hours minimum O. Record operating data when unit is at a steady-state condition P. Correct any discrepancies
Q. Test operation of inlet guide vane or speed control algorithm, if equipped NOTIFICATION:

Service Provider shall notify the City’s Project Manager at least 24-hours before performing any services.

HOURS OF WORK:

All work shall be performed between the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday. No weekend of holiday work shall be permitted unless authorized by City’s Project Manager.

Item No.7K

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IDENTIFICATION OF SERVICE PROVIDER:

Service Provider shall provide each of its employees a form of identification including a uniform clearly identifying that each employee is part of the current project at hand.

DISRUPTION OF SERVICES:

Service Provider shall advise City’s Project Manager prior to any disruption of City supplied services to extent feasible.

SAFETY REQUIREMENTS:

Service Provider shall adhere to all federal and state safety and health requirements of the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA).

It is Service Provider’s responsibility to provide its employees, subcontractors, and suppliers a safe place of employment and work environment in accordance with regulatory requirements set forth by OSHA including, but not limited to, regulatory information pertaining to Injury Illness Prevention Plan (IIPP), Confined Space Entry, the De-energizing/Re-energizing, Lockout/Blockout/Tagout (LOTO) of existing City equipment, Fall Protection and Respiratory Protection. When LOTO is required, Service Provider shall work with City’s Project Manager to apply the appropriate locks and tags for de-energizing electrical, mechanical, and hydraulics associated with the work to be performed.

Item No.7K

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EXHIBIT B

SCHEDULE OF FEES
Description Annual Cost
Cost for
3-Year
Term
Annual Inspection and Maintenance $13,920 $41,760
Includes six (6) Turblex Blowers annually.

One (1) annual trip / three (3) days on-site / two (2) travel days (based on 8-hour workday) Class I Maintenance and/or Incidental Repair $27,840 $83,520 Includes two (2) Turblex Blowers annually.

One (1) annual trip / three (3) days on-site / two (2) travel days (based on 8-hour workday) Incidental Materials - $30,000
Expenses related to incidental materials are based on anticipated needs. Exact total of materials needed are not guaranteed and may vary year-by-year, depending on equipment needs.

Total Not-to-Exceed $155,280
Item No.7K

TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:December 6, 2022
SUBJECT: Hill Canyon Treatment Plant Retaining Wall Project CI (5444) RECOMMENDATION:

1. Approve Change Order No. 2 to Contract No. 13012-2022 with GMZ Engineering, Inc. of Westlake Village, CA, for the Hill Canyon Treatment Plant Retaining Wall Project (CI 5444) in the amount of $103,730.25 for a new revised not-to-exceed amount of $1,453,577.56.

2. Approve Fifth Amendment to Professional Services Agreement No. 12377-2020 with m6 Consulting, Inc. of Westlake Village, CA, for additional Construction Phase Services on the Hill Canyon Treatment Plant Retaining Project (CI 5444) in the amount of $88,125 for a new revised not-to-exceed amount of $239,831.

3. Approve budget appropriation and expenditure in the amount of $240,000 from A/C #624-0000-341-9900 (Wastewater Fund, Net Position) to A/C #624-8250-682- 8300 (CI 5444), Hill Canyon Treatment Plant Retaining Wall Project.

4. Find that the project is Categorically Exempt from California Environmental Quality Act pursuant to 14 CCR § 15301, 15302, and 15304.

FINANCIAL IMPACT:
$240,000 Increase to FY 2022-23 Wastewater Fund Budget. $240,000 increase to Adopted FY 2022-23 Wastewater Fund Budget is requested for the Hill Canyon Treatment Plant Retaining Wall Project. $1,559,800 is available in the Adopted FY 2022-23 Wastewater Fund Budget. The total project cost is estimated at $1,800,000.

BACKGROUND:

Hill Canyon Treatment Plant (HCTP) treats wastewater from the community of Thousand Oaks. Constructed in the 1960s with major improvements over the following decades, HCTP provides tertiary level wastewater treatment. The treatment plant is located within a canyon environment. The plant is bordered on two sides by canyon walls with a creek running on the northwest side of the Item No.7L

HCTP Retaining Wall Project (CI 5444)
December 6, 2022

Page 2 ends

4 5
3 parcel. As the plant has been expanded over the years, there have been retaining structures installed on the southeast border of the plant (Attachment #1). The retaining walls are not uniform in construction and type reflecting the different installation timeframes. A large section of the existing retaining wall is metal post and stacked pressure treated lumber battens and there are sections of reinforced concrete masonry units. The slope in areas is overtopping the retaining wall sections and in certain areas the retaining wall is starting to rotate about a vertical axis parallel with the wall suggesting failure. Several structures and piping systems have been constructed within close proximity to the wall structures. This situation requires specialized removal and replacement of the retaining wall to prevent damage to the adjacent facilities. Due to the complex nature of the project, staff solicited proposals from engineering consulting firms to design and engineer the project scope of work, including removal and replacement of approximately 540 feet of existing retaining wall.

On May 12, 2020, City Council approved an agreement with m6 Consulting, Inc., (m6) of Westlake Village, CA, in the amount of $79,690 to perform the engineering design services and preparation of construction contract documents for the Retaining Wall Project. Four amendments were issued to m6 during the project. Amendments No. 1 and No. 4 were contract time extensions. Amendment No. 2 in the amount of $7,791 covered costs associated with performing additional exploratory investigation to uncover existing utilities in the vicinity of the proposed improvements. Amendment No. 3 in the amount of $64,225 covered construction phase support services. This brought the total agreement to $151,706.

The project plans and specifications were completed by m6 in December 2021, and the project was bid for construction in February 2022. On March 29, 2022, City Council approved a construction contract in the amount of $1,274,213 plus contingency of $127,421 with GMZ Engineering, Inc. (GMZ), of Westlake Village, CA for the construction of the retaining wall.

DISCUSSION/ANALYSIS:

Additional Engineering Services During Construction – m6 Certain unforeseen issues were encountered during construction that require additional support services from the design consultant team. The final means and methods utilized by the construction contractor include alternative constructability approaches. These alternative approaches added time to cover items such as construction inspection and difficulty in drilling, placing, and concrete backfilling the piles. This requires more onsite hours by the consultant team and the need for a materials testing subconsultant. Furthermore, the tight construction site and constructability method require geotechnical services from the design team to ensure the contractor was following the project geotechnical report. Staff recommends City Council approve the Fifth Amendment to the Professional Item No.7L

HCTP Retaining Wall Project (CI 5444)
December 6, 2022

Page 3 ends

4 5
3 Services Agreement with m6 in the amount of $88,125 for these additional construction phase services, including the required additional material testing (Attachment #2).
m6 - Design Phase Services (previously approved) $ 79,690 Extra Design Services (previously approved) $ 14,393 Construction Period Engineering Support (previously approved) $ 64,225 Additional Const. Phase Services (this action) $ 88,125 Design and Engineering – Subtotal $ 246,433 Construction Change Order - GMZ
GMZ started work on the project in Spring 2022. During construction, certain unforeseen items were encountered, and additional work became necessary that was not included in the original bid documents. Change Order No. 1 was processed in November 2022 in the amount of $75,634.31 and included wood lagging quantity adjustments, fees for a County Grading permit for the temporary dirt stockpile, shims for spacing between wood lagging members, and investigation, excavation, and abatement of the existing, abandoned AC pipe, as well as additional costs and time delay due to rerouting the 20-inch AC Pipe. Change Order No. 2 covers additional changes to the contract including modified pile locations, increasing pile diameters to account for the actual underground bedrock locations, revisions to the storm drain outlet piping at the wood lagging interface, additional steel supports needed at two piles that had to be modified to avoid a buried utility pipeline, and additional earthwork associated with the project. Staff recommends approval of Change Order #2 (Attachment #3).

HCTP Retaining Wall Const. Contract (previously approved) $ 1,274,213.00 HCTP Retaining Wall Const. Contingency (previous approved) $ 127,421.00 HCTP Retaining Wall Change Order No. 2 (this action) $ 103,730.25 Construction Contract Costs – Total Authorized Subtotal $ 1,505,364.25 Community Outreach: This project is limited to work at the HCTP and does not impact neighboring residences. The work will be at the north end of the plant and will have limited impact to plant operation. Construction-related impacts to hiking trail users will be minimal.

As part of the design efforts on the project, the consultant prepared a Categorical Exemption memorandum in accordance with the California Environmental Quality Act (CEQA) guidelines per sections 14 CCR § 15301, 15302 and 15304. A Notice of Exemption (NOE) was prepared, and City staff had the document recorded by the County of Ventura in September 2021.

Item No.7L

HCTP Retaining Wall Project (CI 5444)
December 6, 2022

Page 4 ends

4 5
3 This project meets City Council’s Top Ten Priorities #9, “Public Works Infrastructure Investments.”
CIP PROJECT PRIORITY (as outlined in FY 2021-23 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 Maps
Attachment #2 – Fifth Amendment with m6 Consulting, Inc.

Attachment #3 – Change Order No. 2 to GMZ Engineering, Inc.

DPW: 850-20\ev\nh\etm\Council\2022\120622\CI 5444\ HCTP Retaining Wall CO #2 staff report.docx Item No.7L

ATTACHMENT #1
Secondary Clarifiers
Digesters
Primary
Clarifiers
Cogeneration Engines
Primary
Clarifiers
Thickening Building
Arroyo Conejo
Wetlands
Solar Panels
Biosolids Drying
(to be abandoned)
Bioreactors
Chlorine Contact Channel
Flow Equalization Basins
Operations Building
Bioreactor Basins
Filters
Dewatering / Generator Building
0 300 600150
Feet
±HILL CANYON

WASTEWATER TREATMENT PLANT

PROJECT LOCATION

HILL CANYON TREATMENT PLANT
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ATTACHMENT #2
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Page 1 ends

Project Name: HCTP Retaining Wall Project (CI 5444)

FIFTH AMENDMENT TO

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
m6 CONSULTING, INC.

Contract No. 12377-2020
THIS FIFTH AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation (hereafter “City”) and m6 CONSULTING, INC. (hereafter “Consultant”), entitled Hill Canyon Treatment Plant Retaining Wall Project (CI 5444) and dated April 27, 2021 and amended as stated below (herein “Contract”) is made this 6th day of December, 2022.

RECITALS
A. Section 3 of the Contract, originally provided for a “not-to-exceed” total payment as consideration to Consultant of $79,690 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 May 12, 2020, extending the Contract termination date to December 31, 2022.

C. The second amendment to the Contract was issued on December 23, 2021, adding the amount of $7,791, modifying the Contract amount to $87,481.

D. The third amendment to the contract was issued on March 29, 2022, in the amount of $64,225, modifying the Contract amount to $151,706.

E. The fourth amendment to the contract was issued on June 22, 2022, extending the Contract termination date to June 30, 2023.

F. 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. Section 2 of Contract is amended to include the additional scope of work generally encompassing additional geotechnical and construction phase support services Item No.7L

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2 8
1 4
and efforts due to existing utility conflicts in conjunction with the HCTP Retaining Wall Project. The detailed scope of this additional work is attached hereto and incorporated herein as Exhibit A-5.

Part 2. The sum of $88,125 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 $239,831 and shall be earned as the work progresses on the basis explained in the original contract, and as may have been previously amended.

Part 3. All terms used in Part 1, 2 above shall have the meanings ascribed thereto in Contract. Except as amended in Part 1, 2, all other sections, terms, obligations, duties, clauses, and provisions of Contract shall remain the same.

IN WITNESS WHEREOF, the parties execute this Fifth Amendment to Contract as of the date set forth above.
m6 CONSULTING, INC.

Robert Woodward, P.E., CEO
Masoud Mahmoud, P.E., CFO

CITY OF THOUSAND OAKS
Bob Engler, Mayor
ATTEST:

Laura B. Maguire, Acting City Clerk
Item No.7L

DPW:850-20\af\etm\Council\2022\120622\CI 544\HCTP Retaining Wall Project Fifth Amendment.docx

Page 3 ends

2 8
1 4
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.7L

DPW:850-20\af\etm\Council\2022\120622\CI 544\HCTP Retaining Wall Project Fifth Amendment.docx

Page 4 ends

2 8
1 4
EXHIBIT A-5
M6 – Additional Scope of Services
CONSULTANT shall provide additional services for construction period and engineering support services for the Hill Canyon Treatment Plant Retaining Wall project.

CONSULTANT shall perform the following additional Tasks:

PHASE II – CONSTRUCTION PHASE
1) CONSULTANT shall provide additional construction phase services, including:

A) Continued attendance of requested construction meetings, as well as providing site visits and structural observations during construction, to cover the additional duration of the project.

B) Additional change order reviews, responses to Contractor RFI’s and issuance of addenda to the Contract Documents relating to the RFIs C) Continued onsite observation resulting from field conflicts and unforeseen utility conflicts.
2) CONSULTANT will also provide the following Geotechnical and Material Testing Services
A) Additional geotechnical engineering services and material testing during construction, observe and document the drilling of the CIDH piles on a continual basis in accordance with the requirements of the California Building Code Section 17-5.8 Cast-in-Place Deep Foundations and
B) Document observations of the holes made during drilling and before and during placement of the piles and concrete, as well as the excavation before the placement of the backfill.

C) Material testing including sampling and testing concrete and backfill material. 3) CONSULTANT shall also prepare additional daily field reports.

Item No.7L

ATTACHMENT #3

CITY OF THOUSAND OAKS

CHANGE ORDER
Project: HCTP Retaining Wall
CI Number: CI 5444
Contract #: 13012-2022
Change Order Number: 2
Change Order Date: 11/15/22
Contract Date: 4/1/22
To: GHAZI MUBARAK, GMZ ENGINEERING, INC.

THIS CHANGE ORDER FORM SHALL BE USED FOR ALL CHANGE ORDERS ASSOCIATED WITH THE WORK. NO ADDITIONS OR DELETIONS TO THIS FORM SHALL BE ALLOWED, EXCEPT WITH PERMISSION OF THE CITY OF THOUSAND OAKS.

The Contract is changed as follows:

Item
No. Description Qty Unit
Unit
Price
Line-item
Total Amount
TIME
Impact
(calendar
days)
1 Added Earthwork Quantities (RFI 14,
COR #7)
1 LS
-
$39,980.00 20
2 Additional steel between Piles #14 &
#15 to accommodate the relocated pile
(RFI 15, WDC #6, COR 8)
1 LS
-
$19,277.26
0 3
Pile diameter increase for Piles #7, 8,
10 and 11 due to actual soil/bedrock
conditions (WDC #7, COR #9R2)
1 LS
-
$14,253.21
0 4 Pile diameter increase for Piles #17,18
& 19 (WDCs #9 & 10, COR #10)
1 LS - $ 6,184.57 0
5 Add 18” x 12” Perforated Risers (RFI
19, WDC#12, COR #11)
1 LS - $ 2,070.98 0
6 Modify Pile Locations (RFI 009, WDC
#2, COR #2)
1 LS - $21,924.23 10
TOTAL $103,730.25 30
Contractor agrees to furnish all labor, materials, equipment and services to perform the Work, modified as described herein, in accordance with the Contract Documents as revised by this Change Order.

NOT VALID UNTIL SIGNED BY OWNER
In consideration of the change(s) described above, the Contract Price is adjusted as follows:

The original Contract Price was $1,274,213.00
Net change by previously authorized Change Orders $75,634.31 The Contract Price prior to this Change Order was $1,349,847.31 The Contract Price will be changed by this Change Order in the amount of $103,730.25 The new Contract Price including this Change Order will be $1,453,577.56 Item No.7L

DPW: 850-20\ev\nh\etm\Council\2022\120622\CI 5444\ HCTP Retaining Wall CO #2 Att 3.docx

Page 2 ends

In consideration of the change(s) described above, the Contract Time is adjusted as follows:

The Contract Time will be increased by 30 Calendar Days The date of Completion as of the date of this Change Order therefore is January 12, 2023

Attachments: COR #2 and COR #7 through #11
Contractor accepts the terms and conditions stated herein as full and final settlement of any and all claims arising from this Change Order. The adjustments to the Contract Price and Contract Time in this Change Order constitute the entire compensation and/or adju stment thereto due to Contractor, including but not limited to all direct, indirect, consequential, profit, labor, equipment, tools, idle time, incidentals, and overhead (field and home office) costs, due to Contract or arising out of or related to the change in the Work covered by this Change Order.

REQUESTED BY:

____________________________________________
Ghazi Mubarak, GMZ Engineering, Inc.

Date:_____________
REVIEWED BY:

____________________________________________
Nader Heydari, City Project Manager
Date:_____________
ACCEPTED BY:

____________________________________________
Shamir Shahamiri, Engineering Division Manager
Date:_____________

APPROVED AS TO
FORM:

____________________________________________
Tracy Friedl, Assistant City Attorney
Date:_____________

APPROVED BY: ____________________________________________ Nader Heydari, City Engineer
Date:_____________
APPROVED BY:

____________________________________________
Clifford G. Finley, Public Works Director
Date:_____________
APPROVED BY:

____________________________________________
Andrew P. Powers, City Manager
Date:_____________
APPROVED BY:

____________________________________________
Bob Engler, Mayor
Date:_____________
ATTESTED BY:

____________________________________________
Laura B. Maguire, Acting City Clerk
Date:_____________

Item No.7L

14 Date: 9/22/2022
Hours Rate Total
Subtotal Labor -$
Hours Rate Total
Subtotal Equipment -$
Quantity Unit Total
Subtotal Materials -$
Tax on Materials -$
Subtotal of Materials with Tax -$
Quantity Unit Total
1 115.0 200.00$ 23,000.00$
2 141.5 200.00$ 28,300.00$
-$
Subtotal Materials 51,300.00$
Quantity Unit Total
1 -$
2 -$
3 -$
4 -$
Subtotal Subcontractor -$
Percent Amount Total
15% -$ - $
10% -$ - $
10% -$ - $
10% -$ - $
Markup Subtotal -$
1% Bond Fee 513.00$
Total Cost 51,813.00$
Equipment
Description
Description
Additional Earthwork = (Earthwork per attached Survey 716.5 CY) - (Bid Schedule 460 CY) = 256.5 CY (See Attached) Materials
Markup Subcontractors
B) Remaining Earthwork from 256.5 CY (256.5 CY - 115 CY = 141.5) Over 25% Description
Description
Unit Cost
A) 25% of 460 CY (Original Earthwork Quantity as per Bid Schedule) Unit Cost Subcontractors
Markup Materials
Description
Cost Proposal Breakdown Summary
Labor
Project No. & Name:

RFI # :

Contractor:

HCTP Retaining Wall (CI 5444)
WDC #
GMZ Engineering, Inc.

Due to the existing slope conditions and its inaccurcy as shown on the plans, and as a result of Surveys attached quantities which were based on a minimum horizontal cut of 7ft as necessary for the construction of soldier pile structures as per Section 31 20 00 (Earthwork) , COP #7 serves as additional cost for Earthwork.Description of Work:

Markup Breakdown
Markup Labor
Markup Equipment
Final Negotiated Cost
11/15/22 = $39,980.00
$120.00
$16,980
$39,980.00
CI 5444 - CO #2
Attachment #1
Item No.7L

Date:

Project Name: COP Number:

To:

From: Contractor
Description of Work:

A. Subcontractor Cost of the Work:

Subtotal A:

B. Contractor Cost of the Work:

Payroll Costs (See attached supporting documentation.)
Materials (See attached supporting documentation.)
Equipment Costs (See attached supporting documentation.) Unit Price Costs (See attached supporting documentation.) Subtotal B:

C. Contractor Fee: (As per General Conditions)
Subtotal C:

D. Bond Fee: (As per General Conditions)
Subtotal D:

Total = (A + B + C + D) Total:

The proposal would the Contract Time by
The proposal does NOT affect the Contract Time.

Contractor's Signature: Printed Name & Title
City of Thousand Oaks
City of Thousand Oaks September 22, 2022
HCTP Retaining Wall 7
Owner / Agency
-$
-$
-$
51,300.00$
-$
-$
-$
51,300.00$
-$ -$
-$
-$
15% on Labor Cost
10% on Equipment Cost
Date
Majd Jamal - Project Engineer September 22, 2022
-$
-$
513.00$ 1% Bond Fee
10% On Subcontractor Cost
10% on Material Cost
$51,813.00
Working days.TBD
-$
CI 5444
GMZ ENGINEERING, INC.

Project ID No.Jon TurnerName & Title
Due to the existing slope conditions and its inaccurcy as shown on the plans, and as a result of Surveys attached quantities which were based on a minimum horizontal cut of 7ft as necessary for the construction of soldier pile structures as per Section 31 20 00 (Earthwork) , COP #7 serves as additional cost for Earthwork.

CHANGE ORDER PROPOSAL (COP)
Th
Th
Follow all applicable procedures and provide all appropriate documentation as required by the Contract Documents.

Increase
Decrease
2 Change Order Proposal
Rev. 12-27-17
l does NOT affect the Contra
Signature:

Item No.7L

SUBCONTRACTOR'S COST
Labor, Material & Equipment - Unit Price Method Ǧ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ̈́ - $

CONTRACTOR'S COST
Labor, Material & Equipment - Unit Price Method

Ǥ Ǥ

Additional Earthwork = (Earthwork per attached
Survey 716.5 CY) - (Bid Schedule 460 CY) = 256.5 CY
(See Attached)
A) ʹͷΨͶ͸Ͳ
ȋ

Ȍ Unit Cost ͳͳͷǤͲͲ
ʹͲͲǤͲͲ̈́ ʹ͵ǡͲͲͲǤͲͲ̈́
B) ʹͷ͸Ǥͷ
ȋʹͷ͸Ǥͷ
Ǧͳͳͷ

αͳͶͳǤͷȌ Over 25%
ͳͶͳǤͷͲ
ʹͲͲǤͲͲ̈́ ʹͺǡ͵ͲͲǤͲͲ̈́
SUB TOTAL COST - Ǧ̈́ Ǧ ̈́ Ǧ ̈́ ͷͳǡ͵ͲͲǤͲͲ̈́ City of Thousand Oaks
Form CP -0300

Page 3 of 3 ends

. Revised 06/30/2015
Item No.7L

Surface Report Client: Client Company
Project Name: G:\projects\6547\CAD\6547.dwg Project Description:

Report Date: 9/21/2022 2:57:20 PM Prepared by: Preparer Linear Units: USSurveyFoot Area Units: squareFoot Volume Units: cubicYard Surface: dirt-calc
Description: Description
Area 2D: 7364.834 Area 3D: 15181.971
Elevation Max: 7.871 Elevation Min: -7.382
Number of Points: 9398 Number of Triangles: 18094
Surface: dirt-calc-cut 2
Description: Description
Area 2D: 3054.470 Area 3D: 4128.191
Elevation Max: 3.953 Elevation Min: -6.468
Number of Points: 3936 Number of Triangles: 7205
Surface: dirt-calc cut1
Description: Description
Area 2D: 4146.923 Area 3D: 7817.097
Elevation Max: 0.123 Elevation Min: -10.504
Number of Points: 7535 Number of Triangles: 14476
Volume Surface: dirt-calc
Description: Description
V olume Cut: 326.040 V olume Fill: 255.365 V olume Total: -70.675 Compare Surface: dirt
Base Surface: EX
Volume Surface: dirt-calc-cut 2
Description: Description
V olume Cut: 62.145 V olume Fill: 33.244 V olume Total: -28.901 Compare Surface: Dirt-Cut3
Base Surface: EX
Volume Surface: dirt-calc
Volume Surface: dirt-calc-cut 2
Fill 1 -Under V-Gutter
255.365

62.145
Cut 2 -EX Dirt in Front of Wall

33.244
Item No.7L

Volume Surface: dirt-calc cut1
Description: Description
V olume Cut: 365.764 V olume Fill: 0.004 V olume Total: -365.760 Compare Surface: DIRT-cut1
Base Surface: EX
Volume Surface: dirt-calc cut1
365.764
Cut 1 - For Access Road Behind Wall
: 00.004
Item No.7L

11/12/2021 11/12/21
11/12/21
11/12/21

7.00 ft
Cut 1 - 7ft is the minimum
access width for machinery
behind the wall
Cut 2 - EX dirt
in front of wall
Fill 1 - Under v-
gutter
Cut 1 - For
access road
behind wall

7.01 ft
Cut 2 - EX dirt
in front of wall
Cut 1 - For
access road
behind wall
Cut 1 - 7ft is the minimum
access width for machinery
behind the wall
Fill 1 - Under v-
gutter
Item No.7L

11/12/2021 11/12/21
11/12/21
11/12/21

7.00 ft
Fill 1 - Under v-
gutter
Cut 1 - For
access road
behind wall
Cut 1 - 7ft is the minimum
access width for machinery
behind the wall
Cut 2 - EX dirt
in front of wall

7.00 ft
Fill 1 - Under v-
gutter
Cut 1 - For
access road
behind wall
Cut 1 - 7ft is the minimum
access width for machinery
behind the wall
Cut 2 - EX dirt
in front of wall
Item No.7L

15 6 Date: 9/23/2022
Hours Rate Total
1 4.0 85.19$ 340.76$
1 4.0 86.40$ 345.60$
2 4.0 72.50$ 290.00$
1 8.0 86.40$ 691.20$
2 4.0 72.50$ 290.00$
1 32.0 86.40$ 2,764.80$
2 16.0 72.50$ 1,160.00$
3 2.0 85.19$ 170.38$
1 8.0 86.40$ 691.20$
2 4.0 72.50$ 290.00$
1 16.0 86.40$ 1,382.40$
2 8.0 72.50$ 580.00$
3 2.0 85.19$ 170.38$
1 8.0 92.83$ 742.64$
1 4.0 72.50$ 290.00$
Subtotal Labor 10,199.36$
Hours Rate Total
1 1.0 768.00$ 768.00$
2 2.0 148.00$ 296.00$
3 2.0 336.00$ 672.00$
4 1.0 225.00$ 225.00$
5 -$
Subtotal Equipment 1,961.00$
Quantity Unit Total
1 2.0 448.50$ 897.00$
2 2.0 987.00$ 1,974.00$
3 1.0 793.89$ 793.89$
4 1.0 189.67$ 189.67$
5 2.0 300.00$ 600.00$
Subtotal Materials 4,454.56$
Tax on Materials 272.75$
Subtotal of Materials with Tax 4,727.31$
Quantity Unit Total
1 -$
2 -$
3 -$
4 -$
Subtotal Subcontractor -$
Percent Amount Total
15% 1,529.90$ 11,729.26 $
10% 196.10$ 2,157.10$
10% 472.73$ 5,200.04$
10% -$ - $
Markup Subtotal 2,198.73$
1% Bond Fee 190.86$
Total Cost 19,277.26$
Description of Work: In reference to the response to RFI #15 and WDC #6, COP #8 serves as additional cost and time delay for welding the added 1" thick steel plates between Piles #14 & 15.

Laborer Time
General Working Foreman Time
D) Unload and Distribute Material
Operator Time
E) Cleanup
Iron Worker / Welder J
Laborer Time (Helper)
Weld
Iron Worker / Welder J
Laborer Time (Helper)
General Working Foreman Time
ii) Welding to Beams (#14 & 15)
Tack Weld (Total of 2)
Laborer Time (Helper)
Tack Weld (Total of 2)
Weld
Iron Worker / Welder J
Laborer Time (Helper)
C) Welding
i) Welding Steel Plates Together (4 Steel Plates, Tack Weld & Weld each 2 Together) Iron Worker / Welder J
Equipment
WDC #
12K Reach Forklift (Daily)
Grinder (Weekly)
A) Coordination and Layout
B) Fabrication
Iron Worker / Welder J
Laborer Time (Helper)
Cost Proposal Breakdown Summary
Labor
Description
Description
General Working Foreman Time
Project No. & Name:

RFI # :

Contractor:

HCTP Retaining Wall (CI 5444)
GMZ Engineering, Inc.

Welding Machine (Weekly)
Equipment Delivery and Environmental Fees
Materials
1" x 3" x 15'-0" Plate A572 GR 50 w/ DEG Bevel (See Attached) 1" x 6" x 15'-0" Plate A572 GR 50 w/ DEG Bevel (See Attached) Description
Description
Welding Rod (See Attached)
Consumables and Misc (Including Grinding Desk)
Subcontractors
Delivery
Markup Materials
Markup Subcontractors
Markup Breakdown
Markup Labor
Markup Equipment
Item No.7L

Date:

Project Name: COP Number:

To:

From: Contractor
Description of Work:

A. Subcontractor Cost of the Work:

Subtotal A:

B. Contractor Cost of the Work:

C. Contractor Fee: (As per General Conditions)
Subtotal C:

D. Bond Fee: (As per General Conditions)
Subtotal D:

Total = (A + B + C + D) Total:

The proposal would th e Contract Time by
The proposal does NOT affect the Contract Time.

Contractor's Signature: Printed Name & Title
City of Thousand Oaks
City of Thousand Oaks September 23, 2022
HCTP Retaining Wall 8
Owner / Agency
2,198.73$
196.10$
-$
-$
10,199.36$
-$ -$
-$
4,727.31$
1,961.00$
-$
16,887.67$
15% on Labor Cost
10% on Equipment Cost
Date
Majd Jamal - Project Engineer September 23, 2022
1,529.90$
472.73$
190.86$ 1% Bond Fee
10% On Subcontractor Cost
10% on Material Cost
$19,277.26
Working days.TBD
-$
CI 5444
GMZ ENGINEERING, INC.

Project ID No.Jon TurnerName & Title
In reference to the response to RFI #15 and WDC #6, COP #8 serves as additional cost and time delay for welding the added 1" thick steel plates between Piles #14 & 15.

CHANGE ORDER PROPOSAL (COP)
Th
Th
Follow all applicable procedures and provide all appropriate documentation as required by the Contract Documents.

Increase
Decrease
2 Change Order Proposal
Rev. 12-27-17
oes NOT affect the Cont
nature:

Item No.7L

SUBCONTRACTOR'S COST
Labor, Material & Equipment - Unit Price Method Ǧ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ - $

CONTRACTOR'S COST
Labor, Material & Equipment - Unit Price Method

Ǥ Ǥ

1- Material
ͳ̶͵̶ͳͷ̵ǦͲ̶ͷ͹ʹ
ͷͲȀ
ȋ

Ȍ ʹǤͲͲ ǤǤ ͶͶͺǤͷͲ̈́ ͺͻ͹ǤͲͲ̈́
ͳ̶͸̶ͳͷ̵ǦͲ̶ͷ͹ʹ
ͷͲȀ
ȋ

Ȍ ʹǤͲͲ ǤǤ ͻͺ͹ǤͲͲ̈́ ͳǡͻ͹ͶǤͲͲ ̈́
ͻǤͷͲΨ ǤǤ ʹǡͺ͹ͳǤͲͲ̈́ ʹ͹ʹǤ͹ͷ̈́ ȋ
Ȍ ͳǤͲͲ ǤǤ ͹ͻ͵Ǥͺͻ̈́ ͹ͻ͵Ǥͺͻ̈́

ȋ

Ȍ ͳǤͲͲ ǤǤ ͳͺͻǤ͸͹̈́ ͳͺͻǤ͸͹̈́ ʹǤͲͲ ǤǤ ͵ͲͲǤͲͲ̈́ ͸ͲͲǤͲͲ̈́ 3- Labor
A) Coordination and Layout

ͳǤͲͲ ͶǤͲͲ ͶǤͲͲ ͺͷǤͳͻ ̈́ ͵ͶͲǤ͹͸̈́ B) Fabrication

Ȁ
ͳǤͲͲ
ͶǤͲͲ ͶǤͲͲ ͺ͸ǤͶͲ ̈́ ͵ͶͷǤ͸Ͳ̈́ ȋ
Ȍ ͳǤͲͲ ͶǤͲͲ ͶǤͲͲ ͹ʹǤͷͲ ̈́ ʹͻͲǤͲͲ̈́ C) Welding
i) Welding Steel Plates Together (4 Steel Plates, Tack
Weld & Weld each 2 Together)
Tack Weld (Total of 2)

Ȁ
ͳǤͲͲ
ͺǤͲͲ ͺǤͲͲ ͺ͸ǤͶͲ ̈́ ͸ͻͳǤʹͲ̈́ ȋ
Ȍ ͳǤͲͲ ͶǤͲͲ ͶǤͲͲ ͹ʹǤͷͲ ̈́ ʹͻͲǤͲͲ̈́ Weld

Ȁ
ͳǤͲͲ
͵ʹǤͲͲ ͵ʹǤͲͲ ͺ͸ǤͶͲ ̈́ ʹǡ͹͸ͶǤͺͲ̈́ ȋ
Ȍ ͳǤͲͲ ͳ͸ǤͲͲ ͳ͸ǤͲͲ ͹ʹǤͷͲ ̈́ ͳǡͳ͸ͲǤͲͲ̈́

ͳǤͲͲ ʹǤͲͲ ʹǤͲͲ ͺͷǤͳͻ ̈́ ͳ͹ͲǤ͵ͺ̈́ ii) Welding to Beams (#14 & 15)
Tack Weld (Total of 2)

Ȁ
ͳǤͲͲ
ͺǤͲͲ ͺǤͲͲ ͺ͸ǤͶͲ ̈́ ͸ͻͳǤʹͲ̈́ ȋ
Ȍ ͳǤͲͲ ͶǤͲͲ ͶǤͲͲ ͹ʹǤͷͲ ̈́ ʹͻͲǤͲͲ̈́ Weld

Ȁ
ͳǤͲͲ
ͳ͸ǤͲͲ ͳ͸ǤͲͲ ͺ͸ǤͶͲ ̈́ ͳǡ͵ͺʹǤͶͲ̈́ ȋ
Ȍ ͳǤͲͲ ͺǤͲͲ ͺǤͲͲ ͹ʹǤͷͲ ̈́ ͷͺͲǤͲͲ̈́

ͳǤͲͲ ʹǤͲͲ ʹǤͲͲ ͺͷǤͳͻ ̈́ ͳ͹ͲǤ͵ͺ̈́ D) Unload and Distribute Material
ͳǤͲͲ ͺǤͲͲ ͺǤͲͲ ͻʹǤͺ͵ ̈́ ͹ͶʹǤ͸Ͷ̈́ E) Cleanup
ͳǤͲͲ ͶǤͲͲ ͶǤͲͲ ͹ʹǤͷͲ ̈́ ʹͻͲǤͲͲ̈́ 4- Equipment
ͳʹ
ͳǤͲͲ ͹͸ͺǤͲͲ ̈́ ͹͸ͺǤͲͲ̈́

ʹǤͲͲ ͳͶͺǤͲͲ ̈́ ʹͻ͸ǤͲͲ̈́

ʹǤͲͲ ͵͵͸ǤͲͲ ̈́ ͸͹ʹǤͲͲ̈́
ͳǤͲͲ ǤǤ ʹʹͷǤͲͲ ̈́ ʹʹͷǤͲͲ̈́ Ǧ̈́
SUB TOTAL COST - ͳͲǡͳͻͻǤ͵͸̈́ ͳǡͻ͸ͳǤͲͲ ̈́ Ͷǡ͹ʹ͹Ǥ͵ͳ ̈́ - $ City of Thousand Oaks
Form CP -0300

Page 3 of 3 ends

. Revised 06/30/2015
Item No.7L

!"#$ %!&! " '
(# ) *
+ ,-
*
#.

%(#
(#/ 0'%!(
(& %(# /'!(

12
1
32
!
"

1 32 1
32
1 3 2
1 3
23 1* *23

'4((%

-5 6
2 7
(%

(#8
+

1* *23

Item No.7L

Equipment Base Wage Total Wage Tax W.C Total Rate
Laborer Group 1 J 37.43 $ 62.03 $ 3.56 $ 3.74 $ 69.33$ Laborer Group 4 J 40.08 $ 64.68 $ 3.81 $ 4.01 $ 72.50$ Laborer F 42.08 $ 66.68 $ 4.00 $ 4.21 $ 74.89$ Carpnter J 44.44 $ 68.32 $ 5.00 $ 4.44 $ 77.76$ Carpnter F 46.44 $ 70.32 $ 5.22 $ 4.64 $ 80.19$ Drywaller J 44.44 $ 68.65 $ 4.22 $ 4.44 $ 77.32$ Cement Finisher J 40.05 $ 66.85 $ 3.80 $ 4.01 $ 74.66$ Cement Finisher F 42.05 $ 68.85 $ 3.99 $ 4.21 $ 77.05$ Operator Group 8 J 52.54 $ 82.58 $ 4.99 $ 5.25 $ 92.83$ Electrician - Inside Wireman J 53.50 $ 84.47 $ 5.08 $ 5.35 $ 94.90$ Electrician - Inside Wireman F 56.50 $ 87.47 $ 5.37 $ 5.65 $ 98.49$ Iron Worker / Welder J 43.88 $ 77.84 4.17$ 4.39 $ 86.40$ Taper / Finisher J 43.18 $ 60.94 $ 4.10 $ 4.32 $ 69.36$ Painter J 34.12 $ 52.37 $ 3.24 $ 3.41 $ 59.02$ Plumber / Pipe Fitter J 53.83 $ 80.58 $ 5.11 $ 5.38 $ 91.08$ GMZ Engineering Inc - LABOR HOURLY RATE
Iron Worker / Welder J
Laborer Group 4 J
Operator Group 8 J
Carpnter F
Item No.7L

Equipment Rate Env.

Charge
Tax Total Reduced
Rate
Gas Daily
Rate
Weekly
Rate
Monthly
Rate
Backhoe CAT 420E 527.00 $ 10.54 $ 50.07 $ 587.61 $ 440.70 $ 50.00 $ 491$ 1,472 $ 4,416 $ Skip Loader CAT 415F 527.00 $ 10.54 $ 50.07 $ 587.61 $ 440.70 $ 50.00 $ 491$ 1,472 $ 4,416 $ Skid Steer CAT 289 398.00 $ 7.96 $ 37.81 $ 443.77 $ 332.83 $ 50.00 $ 383$ 1,148 $ 3,445 $ Min Excavator CAT 303 313.00 $ 6.26 $ 29.74 $ 349.00 $ 261.75 $ 50.00 $ 312$ 935 $ 2,806 $ Excavator CAT 308 565.00 $ 11.30 $ 53.68 $ 629.98 $ 472.48 $ 50.00 $ 522$ 1,567 $ 4,702 $ Excacator CAT 320 812.00 $ 16.24 $ 77.14 $ 905.38 $ 679.04 $ 50.00 $ 729$ 2,187 $ 6,561 $ Loader 4.5 CY Bucket CAT 950 1,128.00$ 22.56 $ 107.16 $ 1,257.72 $ 943.29 $ 50.00 $ 993$ 2,980 $ 8,940 $ Backhoe 24" Comp. Wheel 149.00 $ 2.98 $ 14.16 $ 166.14 $ 124.60 $ - $ 125$ 374 $ 1,121 $ Backhoe Breaker 338.00 $ 6.76 $ 32.11 $ 376.87 $ 282.65 $ - $ 283$ 848 $ 2,544 $ Backhoe Auger Attachment 236.00 $ 4.72 $ 22.42 $ 263.14 $ 197.36 $ - $ 197$ 592 $ 1,776 $ LoDrill Rig 2,500.00 $ 50.00 $ 237.50 $ 2,787.50 $ 2,090.63 $ 50.00 $ 2,141$ 6,422 $ 19,266 $ Compressor w/ 90 lb Jack HMRS 350.00$ 7.00 $ 33.25 $ 390.25 $ 292.69 $ 25.00 $ 318$ 953 $ 2,859 $ Walk Behind Trench Roller 482.00 $ 9.64 $ 45.79 $ 537.43 $ 403.07 $ 25.00 $ 428$ 1,284 $ 3,853 $ Jumping Jack 112.00 $ 2.24 $ 10.64 $ 124.88 $ 93.66 $ 25.00 $ 119$ 356 $ 1,068 $ Concrete Vibrator 105.00 $ 2.10 $ 9.98 $ 117.08$ 87.81 $ - $ 88$ 263 $ 790 $ Electric Generator 120 V 110.00 $ 2.20 $ 10.45 $ 122.65 $ 91.99 $ 30.00 $ 122$ 366 $ 1,098 $ 12K Reach Forklift 858.00 $ 17.16 $ 81.51 $ 956.67 $ 717.50 $ 50.00 $ 768$ 2,303 $ 6,908 $ Scissor Lift 19' 174.00 $ 3.48 $ 16.53 $ 194.01 $ 145.51 $ - $ 146$ 437 $ 1,310 $ Message Boards 273.00 $ 5.46 $ 25.94 $ 304.40 $ 228.30 $ - $ 228$ 685 $ 2,055 $ Walk Behind Concrete Saw 129.00 $ 2.58 $ 12.26 $ 143.84 $ 107.88 $ 25.00 $ 133$ 399 $ 1,196 $ Rotary Hammer Drill TE 70 86.00 $ 1.72 $ 8.17 $ 95.89 $ 71.92 $ 26.00 $ 98$ 294 $ 881 $ Quickie Saw / 14" 91.00 $ 1.82 $ 8.65 $ 101.47$ 76.10 $ 27.00 $ 103$ 309 $ 928 $ Pressure Washer 3,000 PSI 102.00 $ 2.04 $ 9.69 $ 113.73$ 85.30 $ 28.00 $ 113$ 340 $ 1,020 $ GMZ Engineering Owned Equipment - EQUIPMENT RATE
12K Reach Forklift
Item No.7L

REQUEST FOR INFORMATION (RFI)
Owner Name: City of Thousand Oaks RFI Number: ϭϱ
Project Name: HCTP Retaining Wall (CI 5444) Date: ϵͬϮ/2022 Issued To: Jon Turner, PE Project Manager Project No.: CI 5444 Specification Section Drawing Number/Detail
Request:

Requested By: Ghazi Mubarak ϵͬϮ/202Ϯ
Contractor’s Signature Name (Printed) Date
Time Impact: hŶŬŶŽǁŶ Cost Impact: hŶŬŶŽǁŶ
Response:

Response Issued By:

Engineer Name (Printed) Date
Response Reviewed By:

Engineer/Utility/Other Name (Printed) Date
Response Reviewed By:

Project Manager Name (Printed) Date
t ’ Si t
In reference to WDC #2 which modified the locations of the piles, Piles # 14 & 15 are now located on a sharp angle as shown on the attached sketch. Please advise on how the 4x wood lagging will be placed given the revised orientation.

See added detail attached.

Nicole Thompson, PE
09/09/2022
Jon Turner 09/13/2022
Item No.7L

Please Advise
(2) 1" THK.

STEEL PLATE
4X LAGGING
15 16
14 4X LAGGING
4X LAGGING
Note:

1. WELDING SHALL BE MADE WITH LOW HYDROGEN ELECTRODES IN CONFORMANCE WITH AMERICAN WELD SOCIETY (AWS) D1.4 "STRUCTURAL WELDING CODE - REINFORCING STEEL." 13 W14X109
W14X109

SEE ENLARGED

DETAIL A-A

DETAIL A-A
16 5
16 5

SEE ENLARGED
DETAIL A-A (SIM.)
2" MIN.
2" MIN.

GALVANIZED
SPIKE
(2) 1" THK.

STEEL PLATE
1" THK.

STEEL PLATE
2".

Item No.7L

CITY OF THOUSAND OAKS

WORK DIRECTIVE

Project: HCTP Retaining Wall__________

CI Number: CI 5444

Contract #: 13012-2022

Work Directive Number: 6

Work Directive Date: 9/13/22

Contract Date: 4/1/22

To: GHAZI MUBARAK, GMZ ENGINEERING, INC.

THIS WORK DIRECTIVE FORM SHALL BE USED FOR ALL WORK DIRECTIVES ASSOCIATED WITH THE WORK. NO ADDITIONS OR DELETIONS TO THIS FORM SHALL BE ALLOWED, EXCEPT WITH PERMISSION OF THE CITY OF THOUSAND OAKS.

In response to Request for Information (RFI) 15 you are directed to make the following change(s) in the Work:

Install the welded steel improvements as identified in the response attachment to RFI 15.

NOT VALID UNTIL SIGNED BY OWNER

Attachments: RFI 15

THIS WORK DIRECTIVE DOES NOT APPROVE A CHANGE TO THE CONTRACT PRICE OR THE CONTRACT TIME. The Contract Price and Contract Time may only be adjusted by Change Order. To the extent this Work Directive results in a change to the Contract Price or the Contract Time, Contractor must timely request a Change Order and comply with all Change Order procedures in accordance with the Contract Documents. Notwithstanding issuance of this Work Directive, the failure to timely request a Change Order shall constitute a waiver by Contractor of any adjustment to the Contract price or the Contract time resulting from this Work Directive. If an adjustment is requested, no work shall be allowed to lag pending such adjustment, but shall be promptly executed as directed, even if a dispute arises.

ISSUED BY:

CITY OF THOUSAND OAKS
Signature:

Printed Name: Nader Heydari
Title: City Engineer
Date: ________________________
REVIEWED/APPROVED BY CITY ENGINEER:
(Approved per TOMC 3-10.303 or as directed by City Council) Signature: _
Printed Name: Nader Heydari _
Title: City Engineer
Date: ___

9/13/22 9/13/22
Item No.7L

7 Date: 10/3/2022
Hours Rate Total
1 6.0 92.83$ 556.98$
2 3.0 85.19$ 255.57$
3 6.0 72.50$ 435.00$
1 4.0 72.50$ 290.00$
2 1.0 85.19$ 85.19$
1 4.0 72.50$ 290.00$
Subtotal Labor 1,912.74$
Hours Rate Total
1 1.0 185.00$ 185.00$
2 1.0 1,265.55$ 1,265.55$
3 1.0 125.00$ 125.00$
4 4.0 189.00$ 756.00$
Subtotal Equipment 2,331.55$
Quantity Unit Total
1 20.0 149.00$ 2,980.00$

1.0 154.30$ 154.30$
Subtotal Materials 3,134.30$
Tax on Materials
Subtotal of Materials with Tax 3,134.30$
Quantity Unit Total
Subtotal Materials 5,900.00$
Quantity Unit Total
1 -$
2 -$
3 -$
4 -$
Subtotal Subcontractor -$
Percent Amount Total
15% 286.91$ 2,199.65 $
10% 233.16$ 2,564.71 $
10% 313.43$ 3,447.73 $
10% -$ - $
Markup Subtotal 833.50$
1% Bond Fee 141.12$
Total Cost 14,253.21$
Description
Additional Slurry for Piles # 7, 8, 10, and 11 (Per Attached Ticket) Subcontractors
Consumable Materials
Unit Cost

4.7 1,250.00$ 5,900.00$
Description
1 Additional Concrete for Piles # 7, 8, 10, 11 (New Concrete Qty Per Pile= (Pi * 1.25^2 x 18 / 27) = 3.27 CY) - (Original Concrete Qty Per Pile= (Pi * 1^2 x 18 / 27) = 2.09 CY) = 1.18 x 4 (For 4 Piles) = 4.72 CY Markup Subcontractors
Markup Breakdown
Markup Labor
Markup Equipment
Markup Materials
Delivery Charge for 30" Core Bucket
Concrete Pump
Materials
Description
Cost Proposal Breakdown Summary
Labor
Description
Description
Operator Time (For Drilling 4 Holes)
Project No. & Name:

RFI # :

Contractor:

HCTP Retaining Wall (CI 5444)
GMZ Engineering, Inc.

A) Additional Time For Drilling 30" Holes
General Working Foreman Time
C) General Cleanup
Equipment
WDC #
30" Core Bucket (Daily)
DTC 30 Drill Rig ($5900/week)= $5900/5 = $1180 plus 7.25% Tax = 1265.55 (Daily) Laborer Time
Laborer Time
Description of Work: In reference to WDC #7, COP #9 serves as additional cost and time delay for increasing Piles # 7, 8, 10 & 11 diameters to 30 inches.

B) Additional Time for Pouring Slurry
Laborer Time (2 Laborers)
General Working Foreman Time
Item No.7L

Date:

Project Name: COP Number:

To:

From: Contractor
Description of Work:

A. Subcontractor Cost of the Work:

Subtotal A:

B. Contractor Cost of the Work:

C. Contractor Fee: (As per General Conditions)
Subtotal C:

D. Bond Fee: (As per General Conditions)
Subtotal D:

Total = (A + B + C + D) Total:

The proposal would th e Contract Time by
The proposal does NOT affect the Contract Time.

Contractor's Signature: Printed Name & Title
-$
CI 5444
GMZ ENGINEERING, INC.

Project ID No.Jon TurnerName & Title
In reference to WDC #7, COP #9 serves as additional cost and time delay for increasing Piles # 7, 8, 10, & 11 diameters to 30 inches. 15% on Labor Cost
10% on Equipment Cost
Date
Majd Jamal - Project Engineer October 3, 2022
286.91$
313.43$
141.12$ 1% Bond Fee
10% On Subcontractor Cost
10% on Material Cost
$14,253.21
Working days.TBD
5,900.00$
1,912.74$
-$ -$
-$
3,134.30$
2,331.55$
-$
13,278.59$
833.50$
233.16$
-$
City of Thousand Oaks
City of Thousand Oaks October 3, 2022
HCTP Retaining Wall 9R2
Owner / Agency

CHANGE ORDER PROPOSAL (COP)
Th
Th
Follow all applicable procedures and provide all appropriate documentation as required by the Contract Documents.

Increase
Decrease
2 Change Order Proposal
Rev. 12-27-17
es NOT affect the Contr
ture:

Item No.7L

SUBCONTRACTOR'S COST
Labor, Material & Equipment - Unit Price Method Ǧ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ - $

CONTRACTOR'S COST
Labor, Material & Equipment - Unit Price Method

Ǥ Ǥ

1- Material

͓͹ǡͺǡͳͲǡͳͳȋ

αȋȗͳǤʹͷ̰ʹͳͺȀʹ͹Ȍα͵Ǥʹ͹
ȌǦȋ

αȋȗͳ̰ʹͳͺȀʹ͹ȌαʹǤͲͻ
Ȍα
ͳǤͳͺͶȋ ͶȌαͶǤ͹ʹ

ͶǤ͹ʹ
ͳǡʹͷͲǤͲͲ̈́ ͷǡͻͲͲǤͲͲ̈́
͓͹ǡͺǡͳͲǡͳͳȋ

Ȍ ʹͲǤͲͲ
ͳͶͻǤͲͲ̈́ ʹǡͻͺͲǤͲͲ ̈́
ͳǤͲͲ ǤǤ ͳͷͶǤ͵Ͳ̈́ ͳͷͶǤ͵Ͳ̈́ 2- Labor
A) Additional Time For Drilling 30" Holes
ȋ Ͷ
Ȍ ͳǤͲͲ ͸ǤͲͲ ͸ǤͲͲ ͻʹǤͺ͵ ̈́ ͷͷ͸Ǥͻͺ̈́

ͳǤͲͲ ͵ǤͲͲ ͵ǤͲͲ ͺͷǤͳͻ ̈́ ʹͷͷǤͷ͹̈́ ͳǤͲͲ ͸ǤͲͲ ͸ǤͲͲ ͹ʹǤͷͲ ̈́ Ͷ͵ͷǤͲͲ̈́ B) Additional Time for Pouring Slurry
ʹǤͲͲ ʹǤͲͲ ͶǤͲͲ ͹ʹǤͷͲ ̈́ ʹͻͲǤͲͲ̈́

ͳǤͲͲ ͳǤͲͲ ͳǤͲͲ ͺͷǤͳͻ ̈́ ͺͷǤͳͻ ̈́ C) General Cleanup
ͳǤͲͲ ͶǤͲͲ ͶǤͲͲ ͹ʹǤͷͲ ̈́ ʹͻͲǤͲͲ̈́ 3- Equipment
͵Ͳ̶
ͳǤͲͲ ͳͺͷǤͲͲ ̈́ ͳͺͷǤͲͲ̈́
͵Ͳȋ̈́ͷͻͲͲȀȌα̈́ͷͻͲͲȀͷα̈́ͳͳͺͲ
͹ǤʹͷΨαͳʹ͸ͷǤͷͷ ͳǤͲͲ ͳǡʹ͸ͷǤͷͷ ̈́ ͳǡʹ͸ͷǤͷͷ ̈́ ͵Ͳ̶
ͳǤͲͲ ǤǤ ͳʹͷǤͲͲ ̈́ ͳʹͷǤͲͲ̈́

ͶǤͲͲ
ͳͺͻǤͲͲ ̈́ ͹ͷ͸ǤͲͲ̈́
SUB TOTAL COST - ͳǡͻͳʹǤ͹Ͷ̈́ ʹǡ͵͵ͳǤͷͷ ̈́ ͵ǡͳ͵ͶǤ͵Ͳ ̈́ 5,900.00 $ City of Thousand Oaks
Form CP -0300

Page 3 of 3 ends

. Revised 06/30/2015
Item No.7L

20 CY were used for
Piles #7, 8, 10, and
11 averaging 5 CY
per Pile
Item No.7L

CITY OF THOUSAND OAKS

WORK DIRECTIVE

Project: HCTP Retaining Wall__________

CI Number: CI 5444

Contract #: 13012-2022

Work Directive Number: 7

Work Directive Date: 9/23/22

Contract Date: 4/1/22

To: GHAZI MUBARAK, GMZ ENGINEERING, INC.

THIS WORK DIRECTIVE FORM SHALL BE USED FOR ALL WORK DIRECTIVES ASSOCIATED WITH THE WORK. NO ADDITIONS OR DELETIONS TO THIS FORM SHALL BE ALLOWED, EXCEPT WITH PERMISSION OF THE CITY OF THOUSAND OAKS.

In response to the discovery of differing bedrock conditions at piles 7 and 8, you are directed to make the following change(s) in the Work:

Bedrock was encountered 6 feet lower than anticipated for piles 7 and 8. Increase the pile diameter to 30 inches instead of 24 inches to reduce the required bedrock embedment and keep the beam length the same.

NOT VALID UNTIL SIGNED BY OWNER

Attachments: N/A

ISSUED BY:

CITY OF THOUSAND OAKS
Signature:

9/23/22 9/23/22
Item No.7L

9 & 10 Date: 10/10/2022
Hours Rate Total
1 4.0 92.83$ 371.32$
2 2.0 85.19$ 170.38$
3 4.0 72.50$ 290.00$
1 2.0 72.50$ 145.00$
Subtotal Labor 976.70$
Hours Rate Total
1 0.5 185.00$ 92.50$
2 0.5 1,265.55$ 632.78$
Subtotal Equipment 725.28$
Quantity Unit Total

1.0 115.75$ 115.75$
Subtotal Materials 115.75$
Tax on Materials
Subtotal of Materials with Tax 115.75$
Quantity Unit Total
Subtotal Materials 4,075.00$
Quantity Unit Total
1 -$
2 -$
3 -$
4 -$
Subtotal Subcontractor -$
Percent Amount Total
15% 146.51$ 1,123.21$
10% 72.53$ 797.80 $
10% 11.58$ 127.33 $
10% -$ - $
Markup Subtotal 230.61$
1% Bond Fee 61.23$
Total Cost 6,184.57$
Description
Subcontractors
Consumable Materials
Unit Cost
Description
Additional Concrete for Piles # 17 with additional 2ft in depth (New Concrete Qty= (Pi * 1.25^2 x 17 / 27) = 3.09 CY) - (Original Concrete Qty = (Pi * 1^2 x 15 / 27) = 1.74 CY) = 1.35 CY Additional Concrete for Piles # 18 (New Concrete Qty= (Pi * 1.25^2 x 15 / 27) = 2.73 CY) - (Original Concrete Qty = (Pi * 1^2 x 15 / 27) = 1.74 CY) = 1 CY Additional Concrete for Piles # 19 (New Concrete Qty= (Pi * 1.25^2 x 14 / 27) = 2.54 CY) - (Original Concrete Qty = (Pi * 1^2 x 14 / 27) = 1.63 CY) = 0.91 CY
1 Markup Subcontractors
Markup Breakdown
Markup Labor
Markup Equipment
Markup Materials
Cost Proposal Breakdown Summary
Labor
Description
Description
Operator Time (For Drilling 3 Holes)
Project No. & Name:

RFI # :

Contractor:

HCTP Retaining Wall (CI 5444)
GMZ Engineering, Inc.

A) Additional Time For Drilling 30" Holes
General Working Foreman Time
WDC #
30" Core Bucket (Daily)
DTC 30 Drill Rig ($5900/week)= $5900/5 = $1180 plus 7.25% Tax = 1265.55 (Daily) Laborer Time
Laborer Time
Description of Work: In reference to WDC #9 & 10, COP #10 serves as additional cost and time delay for increasing Piles # 17, 18, 19 diameters to 30 inches.

3.3 1,250.00$ 4,075.00$
B) General Cleanup
Equipment
Materials
Description
Item No.7L

Date:

Project Name: COP Number:

To:

From: Contractor
Description of Work:

A. Subcontractor Cost of the Work:

Subtotal A:

B. Contractor Cost of the Work:

C. Contractor Fee: (As per General Conditions)
Subtotal C:

D. Bond Fee: (As per General Conditions)
Subtotal D:

Total = (A + B + C + D) Total:

The proposal would th e Contract Time by
The proposal does NOT affect the Contract Time.

Contractor's Signature: Printed Name & Title
-$
CI 5444
GMZ ENGINEERING, INC.

Project ID No.Jon TurnerName & Title
In reference to WDC #9 & 10, COP #10 serves as additional cost and time delay for increasing Piles # 17, 18, 19 diameters to 30 inches. 15% on Labor Cost
10% on Equipment Cost
Date
Majd Jamal - Project Engineer October 10, 2022
146.51$

11.58$

61.23$ 1% Bond Fee
10% On Subcontractor Cost
10% on Material Cost
$6,184.57
Working days.TBD
4,075.00$
976.70$
-$ -$
-$
115.75$
725.28$
-$
5,892.73$
230.61$

72.53$
-$
City of Thousand Oaks
City of Thousand Oaks October 10, 2022
HCTP Retaining Wall 10
Owner / Agency

CHANGE ORDER PROPOSAL (COP)
Th
Th
Follow all applicable procedures and provide all appropriate documentation as required by the Contract Documents.

Increase
Decrease
2 Change Order Proposal
Rev. 12-27-17
oes NOT affect the Co
nature:

Item No.7L

SUBCONTRACTOR'S COST
Labor, Material & Equipment - Unit Price Method Ǧ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ - $

CONTRACTOR'S COST
Labor, Material & Equipment - Unit Price Method

Ǥ Ǥ

1- Material
Additional Concrete for Piles # 17 with additional 2ft
in depthȋ
αȋȗͳǤʹͷ̰ʹͳ͹Ȁʹ͹Ȍα
͵ǤͲͻ
ȌǦȋ
αȋȗͳ̰ʹͳͷȀʹ͹Ȍα
ͳǤ͹Ͷ
Ȍα 1.35 CY
Additional Concrete for Piles # 18ȋ
α
ȋȗͳǤʹͷ̰ʹͳͷȀʹ͹ȌαʹǤ͹͵
ȌǦȋ

αȋȗͳ̰ʹͳͷȀʹ͹ȌαͳǤ͹Ͷ
Ȍα 1 CY
Additional Concrete for Piles # 19ȋ
α
ȋȗͳǤʹͷ̰ʹͳͶȀʹ͹ȌαʹǤͷͶ
ȌǦȋ

αȋȗͳ̰ʹͳͶȀʹ͹ȌαͳǤ͸͵
Ȍα0.91 CY
͵Ǥʹ͸
ͳǡʹͷͲǤͲͲ̈́ ͶǡͲ͹ͷǤͲͲ̈́
ͳǤͲͲ ǤǤ ͳͳͷǤ͹ͷ̈́ ͳͳͷǤ͹ͷ̈́ 2- Labor
A) Additional Time For Drilling 30" Holes
ȋ ͵
Ȍ ͳǤͲͲ ͶǤͲͲ ͶǤͲͲ ͻʹǤͺ͵ ̈́ ͵͹ͳǤ͵ʹ̈́

ͳǤͲͲ ʹǤͲͲ ʹǤͲͲ ͺͷǤͳͻ ̈́ ͳ͹ͲǤ͵ͺ̈́ ͳǤͲͲ ͶǤͲͲ ͶǤͲͲ ͹ʹǤͷͲ ̈́ ʹͻͲǤͲͲ̈́ B) General Cleanup
ͳǤͲͲ ʹǤͲͲ ʹǤͲͲ ͹ʹǤͷͲ ̈́ ͳͶͷǤͲͲ̈́ 3- Equipment
͵Ͳ̶
ͲǤͷͲ ͳͺͷǤͲͲ ̈́ ͻʹǤͷͲ ̈́
͵Ͳȋ̈́ͷͻͲͲȀȌα̈́ͷͻͲͲȀͷα̈́ͳͳͺͲ
͹ǤʹͷΨαͳʹ͸ͷǤͷͷ ͲǤͷͲ ͳǡʹ͸ͷǤͷͷ ̈́ ͸͵ʹǤ͹ͺ̈́ SUB TOTAL COST - ͻ͹͸Ǥ͹Ͳ̈́ ͹ʹͷǤʹͺ̈́ ͳͳͷǤ͹ͷ̈́ 4,075.00 $ City of Thousand Oaks
Form CP -0300

Page 3 of 3 ends

. Revised 06/30/2015
Item No.7L

CITY OF THOUSAND OAKS

WORK DIRECTIVE

Project: HCTP Retaining Wall__________

CI Number: CI 5444

Contract #: 13012-2022

Work Directive Number: 9

Work Directive Date: 10/4/22

Contract Date: 4/1/22

To: GHAZI MUBARAK, GMZ ENGINEERING, INC.

THIS WORK DIRECTIVE FORM SHALL BE USED FOR ALL WORK DIRECTIVES ASSOCIATED WITH THE WORK. NO ADDITIONS OR DELETIONS TO THIS FORM SHALL BE ALLOWED, EXCEPT WITH PERMISSION OF THE CITY OF THOUSAND OAKS.

For Piles 17 and 18, use a 30-inch diameter drill hole. For Pile 17, drill an additional 2-feet in depth to meet the 10-foot bedrock embedment.

For Pile 18, no additional depth is needed.

NOT VALID UNTIL SIGNED BY OWNER

Attachments: N/A

ISSUED BY:

CITY OF THOUSAND OAKS
Signature:

10/5/22 10/5/22
Item No.7L

CITY OF THOUSAND OAKS

WORK DIRECTIVE

Project: HCTP Retaining Wall__________

CI Number: CI 5444

Contract #: 13012-2022

Work Directive Number: 10

Work Directive Date: 10/6/22

Contract Date: 4/1/22

To: GHAZI MUBARAK, GMZ ENGINEERING, INC.

THIS WORK DIRECTIVE FORM SHALL BE USED FOR ALL WORK DIRECTIVES ASSOCIATED WITH THE WORK. NO ADDITIONS OR DELETIONS TO THIS FORM SHALL BE ALLOWED, EXCEPT WITH PERMISSION OF THE CITY OF THOUSAND OAKS.

1) Expand diameter of Pile 19 to 30 ” (to accommodate the bedrock that was deeper than anticipated, insufficient embedment). Similar to WDC 7A

2) Shift location of Pile 25 to the west by approximately 2 feet (to avoid conflict with the buried 4 inch air line that serves the north plant equipment). Refer to the attachment.

NOT VALID UNTIL SIGNED BY OWNER

Attachments: Pile #25 Shift for Airline Clarification

ISSUED BY:

CITY OF THOUSAND OAKS
Signature:

10/6/2022 10/6/2022
Item No.7L

SHEET __ OF __

CITY OF THOUSAND OAKS

NADER HEYDARI, CITY ENGINEER

DATEENGINEERING DIVISION MANAGER

CITY OF THOUSAND OAKS

DATEDATEREGISTERED ENGINEER
DATE

CHECKED
DATE
DATE

DESIGNED

DRAFTED BY

PREPARED BY
C.T.O.DATER.C.E. DATEREV. SYMBOL DESCRIPTION 3 10 REVIEWED BY:

APPROVED BY:

DATEPROJECT ENGINEER
REVIEWED BY:

CITY OF THOUSAND OAKS DWG. _________
CI 5444-HCTP RETAINING WALL PROJECT

RETAINING WALL PLAN
SF. DWG. NO. A101
M6 CONSULTING, INC.
4165 E. THOUSAND OAKS BLVD., SUITE #355
WESTLAKE VILLAGE, CA 91362
P: 805-379-1015
100% CONSTRUCTION DOCUMENTS

DRAINAGE CONSTRUCTION NOTES UTILITY CONSTRUCTION NOTESGRADING CONSTRUCTION NOTES 20-23A
WORK CHANGE DIRECTIVE 1
1 6" MIN
10'H=15'
IH
H
H
H
H
H
H
H
H
8'-0"
H
H
10'-0"
H
6" Air line
2'-0"H
H
Blue Markups from
Clarification #2
Red Markups from
Clarification #3
H
Item No.7L

19 Date: 10/18/2022
Hours Rate Total
Subtotal Labor -$
Hours Rate Total
Subtotal Equipment -$
Quantity Unit Total
1 1.0 1,864.07$ 1,864.07$
Subtotal Materials 1,864.07$
Tax on Materials
Subtotal of Materials with Tax 1,864.07$
Quantity Unit Total

0.0 - $ -$
Subtotal Materials -$
Quantity Unit Total
-$
-$
Subtotal Subcontractor -$
Percent Amount Total
15% -$ - $
10% -$ - $
10% 186.41$ 2,050.48$
10% -$ - $
Markup Subtotal 186.41$
1% Bond Fee 20.50$
Total Cost 2,070.98$
Materials
Description
Description of Work: In reference to the response to RFI #19, COP #11 serves as additional cost for revising the risers outlet pipes to 12" instead of 18".

Equipment
Cost Proposal Breakdown Summary
Labor
Description
Description
Project No. & Name:

RFI # :

Contractor:

HCTP Retaining Wall (CI 5444)
GMZ Engineering, Inc.

WDC #
Markup Subcontractors
Markup Breakdown
Markup Labor
Markup Equipment
Markup Materials
Description
Subcontractors
18" x 12" Perforated Risers
Unit Cost
Description
Item No.7L

Date:

Project Name: COP Number:

To:

From: Contractor
Description of Work:

A. Subcontractor Cost of the Work:

Subtotal A:

B. Contractor Cost of the Work:

C. Contractor Fee: (As per General Conditions)
Subtotal C:

D. Bond Fee: (As per General Conditions)
Subtotal D:

Total = (A + B + C + D) Total:

The proposal would th e Contract Time by
The proposal does NOT affect the Contract Time.

Contractor's Signature: Printed Name & Title
City of Thousand Oaks
City of Thousand Oaks October 18, 2022
HCTP Retaining Wall 11
Owner / Agency
186.41$
-$
-$
-$
-$
-$ -$
-$
1,864.07$
-$
-$
1,864.07$
15% on Labor Cost
10% on Equipment Cost
Date
Majd Jamal - Project Engineer October 18, 2022
-$
186.41$

20.50$ 1% Bond Fee
10% On Subcontractor Cost
10% on Material Cost
$2,070.98
Working days.TBD
-$
CI 5444
GMZ ENGINEERING, INC.

Project ID No.Jon TurnerName & Title
In reference to the response to RFI #19, COP #11 serves as additional cost for revising the risers outlet pipes to 12" instead of 18".

CHANGE ORDER PROPOSAL (COP)
Th
Th
Follow all applicable procedures and provide all appropriate documentation as required by the Contract Documents.

Increase
Decrease
2 Change Order Proposal
Rev. 12-27-17
s NOT affect the Contrac
ture:

Item No.7L

SUBCONTRACTOR'S COST
Labor, Material & Equipment - Unit Price Method Ǧ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ - $

CONTRACTOR'S COST
Labor, Material & Equipment - Unit Price Method

Ǥ Ǥ

ͳͺ̶ͳʹ̶ ͳǤͲͲ ǤǤ ͳǡͺ͸ͶǤͲ͹̈́ ͳǡͺ͸ͶǤͲ͹ ̈́ Ǧ̈́
SUB TOTAL COST - Ǧ̈́ Ǧ ̈́ ͳǡͺ͸ͶǤͲ͹ ̈́ - $ City of Thousand Oaks
Form CP -0300

Page 3 of 3 ends

. Revised 06/30/2015
Item No.7L

Description Quantit y Length Unit Unit Price Total Price R1 18" x 12" PERF RISER,H=11.3' 1 Each 908.91 908.91
R2 18" x 12" PERF RISER,H=5.5' 1 Each 716.21 716.21
03 12" Mar Mac Band 2 Each 56.47 112.94

Subtotal: 1,738.06

Invoice 0.00
Total Sales Tax: 126.01
Total: 1,864.07
PCP - Fontana
13680 Slover Ave
[email protected]
Fontana Ph: 909-829-4235 Fax: 909-829-8035
Proposal Accepted By:

Signature (Prepared by) Signature Date Buyer hereby acknowledges and agrees that:
(1) Seller’s Terms and Conditions of Sale are located at https://pcpipe.com/wp-content/uploads/2019/07/Terms_and_Conditions.html and are expressly incorporated herein by reference; (2) all of the goods sold pursuant to this Sales Quote are exclusively subject to Seller’s Terms and Conditions of Sale, together with any Terms and Conditions of Sale in Buyer’s Credit Application and Master Sales Agreement; and (3) Buyer agrees that any and all terms or conditions at variance with, different from or in addition to Seller’s Terms and Conditions of Sale do not apply whatsoever to the goods sold pursuant to this Sales Quote or any other sale by Seller to Buyer.

CA 92337-
6951
The steel and plastic industries have put their customers on allocation which is limiting the amount of material we are all receiving.

These unprecedented limitations can cause extended lead times in our production. So, it is important that you contact your local sales representative for our estimated lead time and finalized pricing prior to submitting your purchase order.

Page:

Sales Quote Date:

To:

Ship
SalesPerson
Ship Via
To:

Sold
SALES QUOTE SQ2206003
Wes Mckinney
Thousand Oaks
TBD

GMZ ENGINEERING INC
To Ride w/Others
Fax:(818) 699-6440Ph:
5655 LINDERO CANYON ROAD

GMZ ENGINEERING INC
10/18/2022
1 Project Name HCTP RETAINING WALL
CSP HDPE SRP + Accessories
Bid Date 10/18/2022
Contract No.
11/18/2022Expiration Date
Quote Contact WES
Customer No. C40714
Item No.7L

REQUEST FOR INFORMATION (RFI)
Owner Name: City of Thousand Oaks RFI Number: ϭϵ
Project Name: HCTP Retaining Wall (CI 5444) Date: ϭϬͬϳ/2022 Issued To: Jon Turner, PE Project Manager Project No.: CI 5444 Specification Section Drawing Number/Detail
Request:

Requested By: Ghazi Mubarak ϭϬͬϳ/202Ϯ
Contractor’s Signature Name (Printed) Date
Time Impact: hŶŬŶŽǁŶ Cost Impact: hŶŬŶŽǁŶ
Response:

Response Issued By:

Engineer Name (Printed) Date
Response Reviewed By:

Engineer/Utility/Other Name (Printed) Date
Response Reviewed By:

Project Manager Name (Printed) Date
t ’ Si t
In reference to the drainage construction keynote #3 "Construct Down Drain Pipe to Connect From Inlet Structure To Gutter," please provide a detail showing how the 18" SDR 35 Pipe will penetrate through the wood lagging at approx. STA 3+70 and STA 6+60 . An 18" pipe will penetrate at least 2 wood lags leaving a very minimal lag width on the top and bottom as shown on the attached Sk 19-1.

Also, please provide a detail on where and how the concrete gutters will end at both stations.

Revise outlet pipe to 12" instead of 18". Align the debris riser and outlet pipe so that the center line of the outlet pipe is at 2'-6" from the edge of the lagging. See drawing on next page in orange. Centerline of gutter to shift to align with centerline of outlet pipe. Gutter to be constructed per detail 3 on sheet 7 at a minimum slope of 2% from face of wall to edge of channel/gutter.

See revisions to sheet 3 and 4 of the plans for additional information.

Nicole Thompson, PE
10/11/2022
10/12/2022Jon Turner
Item No.7L

12"
18" Pipe Location
depends on Site
Conditions
Wood Lagging
SK 19-1
2'-6"
6" 6"
2"
6"6"
Gutter
FL
Existing
Channel
Existing
Gutter
Varries
NTS
12" outlet
pipe
12" outlet
pipe
A
A

SECTION A-A
Item No.7L

9 2 Date: 8/19/2022
Hours Rate Total
1 8.0 83.72 $ 669.76$
2 8.0 72.60 $ 580.80$
1 28.0 83.72 $ 2,344.16$
2 168.0 72.60 $ 12,196.80$
Subtotal Labor 15,791.52$
Hours Rate Total
1 56.0 8.99 $ 503.44$
2 56.0 3.34 $ 187.04$
3 8.0 8.75 $ 69.99$
4 -$
5 -$
Subtotal Equipment 760.47$
Quantity Unit Total
1 -$ -$
2 -$ -$
3 -$ -$
4 -$ -$
5 -$ -$
Subtotal Materials -$
Tax on Materials
Subtotal of Materials with Tax -$
Quantity Unit Total
1 1.0 2,500.00 $ 2,500.00$
2 -$
3 -$
4 -$
Subtotal Subcontractor 2,500.00$
Percent Amount Total
15% 2,368.73$ 18,160.25 $
10% 76.05$ 836.52 $
10% -$ - $
10% 250.00$ 2,750.00 $
Markup Subtotal 2,694.78$
1% Bond Fee 217.47$
Total Cost 21,964.23$
New Re-Layout
Additional Time for Potholing and Layout Due to Inaccurate Location of 20" ACP as Shown on Plans
Re-Survey For New Layout
Markup Materials
Markup Subcontractors
Markup Breakdown
Markup Labor
Markup Equipment
HCTP Retaining Wall (CI 5444)
Piles Locations Modification Per WDC #2
GMZ Engineering, Inc.

Laser for Layout
Materials
Description
Description
Subcontractors
Equipment
WDC #
Chipping Hammer
Generator
Cost Proposal Breakdown Summary
Labor
Description
Description
Foreman Time
Laborer Time
Foreman Time
Laborer Time
Project No. & Name:

RFI # :

Description of Work:

Contractor:

Item No.7L

Date:

Project Name: COP Number:

To:

From: Contractor
Description of Work:

A. Subcontractor Cost of the Work:

Subtotal A:

B. Contractor Cost of the Work:

C. Contractor Fee: (As per General Conditions)
Subtotal C:

D. Bond Fee: (As per General Conditions)
Subtotal D:

Total = (A + B + C + D) Total:

The proposal would th e Contract Time by
The proposal does NOT affect the Contract Time.

Contractor's Signature: Printed Name & Title
City of Thousand Oaks
City of Thousand Oaks August 19, 2022
HCTP Retaining Wall 2
Owner / Agency
2,694.78$

76.05$
250.00$
-$
15,791.52$
2,500.00$ -$
-$
-$
760.47$
-$
16,551.99$
15% on Labor Cost
10% on Equipment Cost
Date
Majd Jamal - Project Engineer August 19, 2022
2,368.73$
-$
217.47$ 1% Bond Fee
10% On Subcontractor Cost
10% on Material Cost
$21,964.23
Working days.17
2,500.00$ Re-Survey For New Layout
CI 5444
GMZ ENGINEERING, INC.

Project ID No.Jon TurnerName & Title
In reference to the response to RFI# 09 , COP #2 serves as additional cost and contract time delay as a result of WDC #2 which changed piles locations due to their interference with the EX 20" ACP Pipe. RFI #09 was sent on 7/11/2022 and was responded to with WDC #2 on 7/29/2022 which required us to re-do the layout of the piles, perform additional layout due to inaccuracy in 20" ACP Pipe location as shown in plans, and held us from grading and drilling the piles.

CHANGE ORDER PROPOSAL (COP)
Th
Th
Follow all applicable procedures and provide all appropriate documentation as required by the Contract Documents.

Increase
Decrease
2 Change Order Proposal
Rev. 12-27-17
osal does NOT affect th
's Signature:

Item No.7L

SUBCONTRACTOR'S COST
Labor, Material & Equipment - Unit Price Method ͳǤͲͲ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ ʹǡͷͲͲǤͲͲ̈́ ʹ ǡͷͲͲǤͲͲ̈́ Ǧ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ 2,500.00 $

CONTRACTOR'S COST
Labor, Material & Equipment - Unit Price Method

Ǥ Ǥ

New Re-Layout Ǧ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ ͳǤͲͲ ͺǤͲͲ ͺǤͲͲ ͺ͵Ǥ͹ʹ ̈́ ͸͸ͻǤ͹͸ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ ͳǤͲͲ ͺǤͲͲ ͺǤͲͲ ͹ʹǤ͸Ͳ ̈́ ͷͺͲǤͺͲ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ ͳǤͲͲ Ǧ ̈́ Ǧ ̈́ ͸ͻǤͻͻ̈́ ͸ͻǤͻͻ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Additional Time for Potholing and Layout Due to
Inaccurate Location of 20" ACP as Shown on Plans Ǧ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ̈́ ͳǤͲͲ ʹͺǤͲͲ ʹͺǤͲͲ ͺ͵Ǥ͹ʹ ̈́ ʹǡ͵ͶͶǤͳ͸̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ ͵ǤͲͲ ͷ͸ǤͲͲ ͳ͸ͺǤ ͲͲ ͹ʹǤ͸Ͳ̈́ ͳʹǡͳͻ͸ǤͺͲ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́
͹ǤͲͲ Ǧ ̈́ Ǧ ̈́ ͹ͳǤͻʹ̈́ ͷͲ͵ǤͶͶ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́

͹ǤͲͲ Ǧ ̈́ Ǧ ̈́ ʹ͸Ǥ͹ʹ̈́ ͳͺ͹ǤͲͶ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ Ǧ ̈́ SUB TOTAL COST - ͳͷǡ͹ͻͳǤͷʹ̈́ ͹͸ͲǤͶ͹̈́ Ǧ ̈́ - $ City of Thousand Oaks
Form CP -0300

Page 3 of 3 ends

. Revised 06/30/2015
Item No.7L

REQUEST FOR INFORMATION (RFI)
Owner Name: City of Thousand Oaks RFI Number: ϵ
Project Name: HCTP Retaining Wall (CI 5444) Date: ϳͬϭϭ/2022 Issued To: Jon Turner, PE Project Manager Project No.: CI 5444 Drawing Number/Detail Specification Section
Request:

Requested By: Ghazi Mubarak ϳͬϭϭ/202Ϯ
Contractor’s Signature Name (Printed) Date
Time Impact: hŶŬŶŽǁŶ Cost Impact: hŶŬŶŽǁŶ
Response:

Response Issued By:

Engineer Name (Printed) Date
Response Reviewed By:

Engineer/Utility/Other Name (Printed) Date
Response Reviewed By:

Project Manager Name (Printed) Date
ontntntntntntntntntnttttttttttttttntnttttttttttttnttttttttttttnntntntnttttttttttttttttttnntnttttttttttttttttttttttrrrrrarrraaaaaaaraaraararaararrrrarraaaaaaaaraaararrrrrrrraaaaaaaararrrrrrrrrrraararaaararrrrrrrrrarrraaaaaaaaararararrrrraaaaaararrrraraaarararrrrrar ctctcttttttttttttttor’s Signature Ϭϭϳϭϯϯ^ŚĞĞƚƐϯΘϰŽĨϭϬ
Keynote #2 under the Utility Construction Notes on Sheets 3 & 4 of the plans states "Protect in Place (E) 20" ACP FM. Temporarily Bypass as needed at wall crossing." Based on the potholing measurements taken on the field (See attached table on Sheet 2 of this RFI), the 20'' ACP conflicts with the H-Piles at multiple locations, therefore, the pipe can not be restored. Please provide a permanent solution for the 20" ACP FM. Also per spec section 01 71 33, we have verified that the pipe distance from the retaining wall defers at multiple locations than what is provided on the plans (See attached some examples on Sheet 3 of this RFI).

See attached Work Change Directive 2 for revisions to the retaining wall to accommodate the 20" ACP. Clearance between centerline of piles and outside diameter of 20" FM to be 2'-6" minimum. Notify the engineer if there are areas where the clearance needs to be reduced to accommodate the wall alignment.

Nicole Thompson, PE 07/28/2022
Jon Turner 07/28/2022
Item No.7L

Pile Stations Center Distances Stations Center Distance XY
6+64 5' 2+40 11"
6+54 4' 10" 2+30 19"
6+44 4' 6" 2+20 4' 9"
6+34 4' 2+10 5'
6+24 3' 8" 2+00 6'
6+16 3' 6" 1+90 6' 2"
6+08 3' 1 .5" 1+80 8' 6"
6+00 3' 1"
5+92 2' 10"
5+84 1' 11"
5+76 2' 4"
5+68 2' 6"
5+60 2' 11.5"
5+52 2' 9"
5+44 2' 11"
5+36 3' 7"
5+28 3' 3.5"
5+20 3' 2"
5+12 3' 2.5"
5+04 2' 11.5"
4+96 2' 10.5"
4+88 2' 6.5"
4+80 3' 3"
4+72 4' 8.5"
4+64 4' 10"
4+56 4' 10"
4+48 4' 5"
4+40 4' 2"
4+30 3' 10"
4+20 3' 5.75"
4+10 3' 2"
4+00 3' 10"
3+90 4' 10"
3+80 5' 8"
3+70 6' 7"
3+60 5' 10"
3+50 5' 4.5"
3+40 4' 11"
3+32 4' 3.5"
3+24 4' .5"
3+16 3' 8"
3+08 3' 7"
3+00 3' 1"
2+92 2' 7"
2+84 2' 1.5"
2+76 1' 9"
2+68 1' 1.5"
2+60 8"
2+50 0"
See attached markup
East from H-Pile West from H-Pile
See attached markup
Center to Center Distances from 20" ACP Pipe to H-Pile (Per Pothole) Item No.7L

Item No.7L

CITY OF THOUSAND OAKS

WORK DIRECTIVE

Project: HCTP Retaining Wall__________

CI Number: CI 5444

Contract #: 13012-2022

Work Directive Number: 2 ___

Work Directive Date: 7/29/22____

Contract Date: 4/1/22 ____

To: GHAZI MUBARAK, GMZ ENGINEERING, INC.

THIS WORK DIRECTIVE FORM SHALL BE USED FOR ALL WORK DIRECTIVES ASSOCIATED WITH THE WORK. NO ADDITIONS OR DELETIONS TO THIS FORM SHALL BE ALLOWED, EXCEPT WITH PERMISSION OF THE CITY OF THOUSAND OAKS.

In response to RFI 009, you are directed to make the following change(s) in the Work:

1) Modify the pile locations starting at Pile 13 (approx. Sta. 2+15) to Pile 26 (approx. Sta. 3+30) to avoid the 20-inch AC pipeline. The attached Sheet 3 reflects the location of the change. Additionally, pile locations were plotted on the plan and piles from Pile 26 to Pile 64 were shifted laterally to the north.

2) Modify the pile locations starting at Pile 40 (approx. Sta. 4+65) to Pile 45 (approx. Sta. 5+05) and Pile 50 (approx. Sta. 5+45) to Pile 60 (approx. Sta. 6+25) to the west to avoid the 20-inch AC pipeline. The attached Sheet 4 reflects the pile location modifications to the west at these locations.

Modified locations are shown on revised Sheets 3 and 4.

NOT VALID UNTIL SIGNED BY OWNER

Attachments: RFI 009, Sheets 3 and 4

ISSUED BY:

CITY OF THOUSAND OAKS
Signature:

Printed Name: Nader Heydari
Title: City Engineer
Date: ________________________
REVIEWED/APPROVED BY CITY ENGINEER:
(Approved per TOMC 3-10.303 or as directed by City Council) Signature:_______________________ _
Printed Name: Nader Heydari _
Title: City Engineer
Date:_________________________

7/29/2022 7/29/2022
Item No.7L

SHEET __ OF __

CITY OF THOUSAND OAKS

NADER HEYDARI, CITY ENGINEER

DATEENGINEERING DIVISION MANAGER

CITY OF THOUSAND OAKS

DATEDATEREGISTERED ENGINEER
DATE

CHECKED
DATE
DATE

DESIGNED

DRAFTED BY

PREPARED BY
C.T.O.DATER.C.E. DATEREV. SYMBOL DESCRIPTION 3 10 REVIEWED BY:

APPROVED BY:

DATEPROJECT ENGINEER
REVIEWED BY:

CITY OF THOUSAND OAKS DWG. _________
CI 5444-HCTP RETAINING WALL PROJECT

RETAINING WALL PLAN
SF. DWG. NO. A101
M6 CONSULTING, INC.
4165 E. THOUSAND OAKS BLVD., SUITE #355
WESTLAKE VILLAGE, CA 91362
P: 805-379-1015
100% CONSTRUCTION DOCUMENTS

DRAINAGE CONSTRUCTION NOTES UTILITY CONSTRUCTION NOTESGRADING CONSTRUCTION NOTES 20-23A

WORK CHANGE DIRECTIVE
1 7/29/22
Work Directive No. 2 - Attachment #1
Item No.7L

7/29/22
Item No.7L

TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:December 6, 2022
SUBJECT: Prefabricated Solar Systems at Various City Facilities (CI 5562) RECOMMENDATION:

1. Authorize staff to issue a Request for Proposals/Qualifications for procurement of design and construction of Prefabricated Solar Systems at Various City Facilities (CI 5562).

2. Find that this action is not a project as defined under the California Environmental Quality Act.

FINANCIAL IMPACT:

No Additional Funding Requested. Staff time and costs required to prepare and review the Request for Proposals/Qualifications (RFP/Q) is included in the Adopted FY 2022-23 General Fund Budget. $2,948,000 is available in the Adopted FY 2022-23 Library Fund and Transportation Fund Budgets. Estimated total project costs are $5,815,000, with a net cost of $4,070,000 after anticipated incentive funding. Additional budget appropriation will be requested at time of award if needed.

BACKGROUND:

On June 19, 2018, City Council adopted the Sustainability Plan (Plan) for Municipal Operations, which includes recommended strategies in managing the City’s resources. One key goal in the Energy section of the Plan is “Distributed Energy Resources: Increase clean, local and resilient energy supply”, which includes developing onsite solar generation at various City sites.

On December 15, 2020, City Council approved an agreement for design and construction of solar carports at the Municipal Service Center (MSC), and on August 30, 2022, the 359 kW (DC) solar system at that facility was connected to the grid. The system is currently operating and is undergoing testing before the project is closed out.

Item No.7M

Prefabricated Solar Systems at Various City Facilities (CI 5562) December 6, 2022

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4 5
4 On August 16, 2022, the Federal Inflation Reduction Act was signed into law by President Biden, re-setting the Investment Tax Credit (ITC) to 30 percent and establishing a mechanism for tax-exempt organizations, such as local governments, to receive a similar financial benefit.

DISCUSSION/ANALYSIS:

The proposed improvements would include solar carports and rooftop solar structures designed to offset electricity consumption at the following seven locations:
1) Grant R. Brimhall Library
2) Newbury Park Library
3) Teen Center
4) Goebel Adult Center
5) Conejo Creek North Park
6) Thousand Oaks Transportation Center
7) Los Robles Greens Golf Course (LRGC)
City staff has identified these sites as suitable for onsite solar generation with favorable payback periods. The proposed project would be carried out in partnership with the Conejo Recreation and Park District (CRPD) which leases the Teen Center and Adult Center from the City, and also desires to include a solar installation to power their Conejo Creek North Park under the same project.

Potential locations of solar structures are shown in Attachment #1. The solar carports will provide shade and protection to visitor and staff vehicles and will include undermounted LED lighting. Existing conduits to support solar photovoltaic system wiring are installed in the roofs of both the Children’s and Adult sections of the Grant R. Brimhall Library, as well as the Newbury Park Library parking lot, and will be utilized as needed to save on construction costs.

Changes in the Net Energy Metering (NEM) tariff, which determines the rate at which solar customers are compensated for energy exported to the grid, are anticipated later this year. The new tariff is expected to offer much less favorable compensation to the solar customer. Once approved by the California Public Utilities Commission, projects will have 120 days to file for interconnection under the existing tariff. The City is striving to meet this deadline.

The City also plans to take advantage of the proposed solar incentives for local governments under the Inflation Reduction Act of 2022. The proposed solar photovoltaic (PV) systems are estimated to have payback periods from 11 to 17 years when factoring in the full availability of these incentives.

Item No.7M

Prefabricated Solar Systems at Various City Facilities (CI 5562) December 6, 2022

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4 5
4 This Solar PV Project will utilize the procurement method authorized in the Government Code specifically for Energy Conservation projects, which allows for one entity to do both the design and construction of the project. This project delivery process is authorized under Government Code 4217.10-4217.18 and is the preferred procurement method for energy projects. This process was utilized successfully for the recent solar carport project at the MSC.

This Code eliminates the necessity to separately contract for the design and construction phases of an energy conservation project. Another major benefit to using this process is that public agencies are statutorily exempt from competitive bidding requirements for public works energy services contracts related to renewable energy and energy conservation. This will allow the City to select the best entity and best overall value for the project, and not be constrained solely by who submits the lowest bid.

Additional funding for the project, if required, will be requested at the time of award of the agreement, which is anticipated to occur in early 2023. The tentative schedule for completion of the project is as follows:

RFP/Q issue and process December 2022 – January 2023
Award of Energy Services Agreement February 2023
Design of Solar Infrastructure Complete Spring 2023
Project Completion Summer 2024
Community Outreach: Construction at some of these locations will disrupt parking at the affected facilities, in particular construction at the Thousand Oaks and Newbury Park libraries, and LRGC. Notices will be posted at those locations well in advance of the start of construction. Outreach will be conducted through the City’s e-newsletters, social media and information postings at both libraries, the Teen and Adult Centers, and LRGC. In addition, the City will reach out to other tenants located in the Newbury Park Library complex and share the proposed plans.

Upon completion, the project will provide the City with additional renewable energy resources, a key component of the City’s Sustainability Plan.

This action is not a project as defined under the California Environmental Quality Act because this action will not result in a direct or foreseeable indirect physical change in the environment [14 CCR 15060(c)].

This project meets City Council’s Top Ten Priority #9 “Public Works Infrastructure Investments”.

Item No.7M

Prefabricated Solar Systems at Various City Facilities (CI 5562) December 6, 2022

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4 5
4 CIP PROJECT PRIORITY (as outlined in FY 2021-22 & FY 2022-23 CIP Program Budget)
Priority Three – Nice to do and would contribute to quality of life, but not essential.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

PREPARED BY: Kenneth Wang, Senior Analyst
Attachment:

Attachment #1 – Vicinity and Location Maps
DPW: 850-20\etm\kw\Council\2022\120622\CI 5562 RFP for Solar Arrays at Facilities staff report.docx Item No.7M

Newbury Park Library
Los Robles Greens Transit Center
Teen Center
Grant R. Brimhall Library
Conejo Creek North Park Parking Lot
Prefabricated Solar System at Various City Facilities (CI 5562) A
TTACHMENT #1
VICINITY MAP
Conejo Creek North Park Parking Lot
(to support Goebel Adult Center)
DPW: 850-20\etm\kw\Council\2022\120622\CI 5562 RFP for Solar Arrays at Facilities Att 1.pdf Item No.7M

GRANT R. BRIMHALL LIBRARY LOCATION MAP
Solar Carports
Roof Solar Structures
DPW: 850-20\etm\kw\Council\2022\120622\CI 5562 RFP for Solar Arrays at Facilities Att 1.pdf Item No.7M

NEWBURY PARK LIBRARY LOCATION MAP
Solar Carports
DPW: 850-20\etm\kw\Council\2022\120622\CI 5562 RFP for Solar Arrays at Facilities Att 1.pdf Item No.7M

TEEN CENTER LOCATION MAP
Solar Carports
Roof Solar Structures
Solar Carports
DPW: 850-20\etm\kw\Council\2022\120622\CI 5562 RFP for Solar Arrays at Facilities Att 1.pdf Item No.7M

GOEBEL ADULT CENTER LOCATION MAP
Solar Carports
Goebel Adult Center
DPW: 850-20\etm\kw\Council\2022\120622\CI 5562 RFP for Solar Arrays at Facilities Att 1.pdf Item No.7M

CONEJO CREEK NORTH PARK LOCATION MAP
Solar Carports
DPW: 850-20\etm\kw\Council\2022\120622\CI 5562 RFP for Solar Arrays at Facilities Att 1.pdf Item No.7M

TRANSIT CENTER LOCATION MAP
Solar Carports
DPW: 850-20\etm\kw\Council\2022\120622\CI 5562 RFP for Solar Arrays at Facilities Att 1.pdf Item No.7M

LOS ROBLES GREENS LOCATION MAP
Solar Carports
DPW: 850-20\etm\kw\Council\2022\120622\CI 5562 RFP for Solar Arrays at Facilities Att 1.pdf Item No.7M

TO:City Council
FROM:Bob Engler, Mayor
Claudia Bill-de la Peña, Councilmember
DATE:December 6, 2022
SUBJECT: Ventura County Citizens Transportation Advisory Committee Appointments
RECOMMENDATION:

1. Approve the reappointment of Chaise Rasheed to fill a regular member position; term ending November 2024, and appointment of Aaron Kitzman to fill an alternate member position; term ending November 2023, on the Ventura County Citizens Transportation Advisory Committee.

2. Find that this action is not a project of the California Environmental Quality Act .

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 2022-23 Transportation Fund Budget.

BACKGROUND:

The Ventura County Transportation Commission (VCTC) was established in January 1989 by state legislation. One of the standing advisory committees to VCTC is the Ventura County Citizens Transportation Advisory Committee (VCCTAC), as required under the Transportation Development Act (TDA) transit funding program.

The VCCTAC is composed of representatives and alternates appointed by VCTC, the County of Ventura, ten cities in Ventura County, and members from social services agencies involved in transportation services and projects. Each City appoints two regular members and one alternate.

The committee meets at least four times annually and provides input to VCTC on transportation related issues. The current vacancies are for one of the two regular member positions and one alternate member position. Members serve two-year Item No.7N

VCCTAC Appointments
December 6, 2022

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4 5
5 terms. The regular member position term ends November 2024 and the alternate member term ends November 2023 as it is filling an unscheduled vacancy.

The primary responsibilities of the VCCTAC are to review the findings developed from the Unmet Transit Needs process as required by TDA and to provide support to VCTC on an as-requested basis for special programs and projects.

DISCUSSION/ANALYSIS:

Four applications were received during the application period. One was determined to be ineligible due to applicant’s non-residency. The three eligible candidates were interviewed by Mayor Engler and Councilmember Bill-de la Peña on November 10, 2022.

The regular member position was served by incumbent, Chaise Rasheed. Having served his previous term in good standing, he is recommended to fill the regular vacancy. Aaron Kitzman does not currently serve on a City Board, Commission, or Committee and meets all of the requirements to serve on this committee. Based on his interview and application he is recommended to fill the alternate vacancy.

Both applications are included as Attachment #1 for reference.

Community Outreach: The notice for applications to fill the vacancies was advertised on the City’s website and on the notification boards at the entrance to City Hall. In addition, notices were distributed consistent with the City’s policies established for recruitment of Boards, Commissions, and Committees, such as in the CityScene newsletter and in a press release.

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.

H. Participate in public-private and multi-jurisdictional opportunities to ensure residents have access to high levels of parks, recreation, education and leisure programs and services.

PREPARED BY: Tyler Nestved, Assistant Transit Planner
Attachment:

Attachment #1 – Selected VCCTAC Applications
CMO: 110-20/KM/H:COMMON/Council Items/2021 Staff Reports/120622/120622 VCCTAC Appointments Staff Report Item No.7N

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City of Thousand Oaks Boards & Commissions
Application Form
Profile
Solicitantes que necesiten asistencia en español, por favor llamen al (805) 449-2151.

Aaron Kitzman
First Name Last Name
Primary Phone Alternate Phone
Street Address Suite or Apt
City State Postal Code
Email Address
Please note: Resolution No. 2003-105 Sec. 17, Duplicate Appointment, provides that unless specifically authorized by City Council, no citizen may serve on more than one standing Citizen Board, Commission or Committee.

How did you learn of this vacancy?
Referral from City of Thousand Oaks employee
Occupation/Work History - Check all applicable: *
Retired

N/A N/A
Employer Job Title

N/A N/A
Additional Employer Additional Job Title
Must be a City resident. Are you a resident of Thousand Oaks? Yes
ATTACHMENT #1
Item No.7N

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Interests & Experiences
Why are you interested in serving on this board/committee and what do you believe you can contribute?
My entire professional career was spent working in the not for profit sector serving children, adults, and seniors who frequently relied on public transportation as their sole means of access their community. I was able to witness first hand the challenges faced by those who were not able to own and operate a personal vehicle.

Through this experience I have come to realize how transportation is a key component to equity and inclusion.

One of the definitions I subscribe to is that transportation equity is a situation where a particular mode of travel is safe, secure, and improves mobility and accessibility fairly, enabling all people to participate in socio- economic life. Making public transportation accessible is key to ensuring all citizens have equal and fair access to their community.

Please list all relevant experience supporting appointment to this board.

I have almost three decades of experience in the not for profit sector where I served people of various backgrounds, many of whom relied on either public transportation and or private/public partnerships in order to access their community. As a lifelong advocate for those in need, I have come to recognize the vital role transportation plays in the lives of ordinary citizens and the role that government plays in addressing this critical challenge faced by many members of our community. Those who need support may include seniors, people with living with disabilities, those of lower seriocomic status, and more. Committees such as this can play a vital role in helping people access their community in a fair and equitable manner.

Please list current and past involvement with civic, volunteer and non-profit organizations, including City boards/committees, and the dates of activity.

MANY MANSIONS BOARD OF DIRECTORS, 2021- CURRENT, COMMUNITY CONSCIENCE BOARD OF DIRECTORS, 2021-CURRENT, KIWANIS CLUB OF THOUSAND OAKS MEMBER /BOARD MEMBER / CLUB PRESIDENT 2010 – CURRENT, SELECTIVE SERVICE SYSTEM BOARD MEMBER 2013 – CURRENT, GREATER CONEJO VALLEY CHAMBER OF COMMERCE 2008 – CURRENT, BOARD OF DIRECTORS 2018 – 2020, TRI-COUNTIES REGIONAL CENTER VENDOR ADVISORY COMMITTEE BOARD MEMBER 2018 – 2020, VENTURA COUNTY SHERIFF, CRISIS INTERVENTION TRAINING INSTRUCTOR 2011 –

CURRENT, GREATER CONEJO VALLEY CHAMBER OF COMMERCE, LEADERSHIP CONEJO PROGRAM CLASS OF 2011-2012, INSTRUCTOR 2015 - PRESENT, VENTURA COUNTY COMMUNITY EMERGENCY RESPONSE TEAM 2012 GRADUATE

CALIFORNIA DEPARTMENT OF DEVELOPMENTAL SERVICES, DEVELOPMENTAL

SERVICES TASKFORCE, SYSTEM AND FISCAL REFORM WORKGROUP APPOINTED MEMBER 2019 – 2020, FRANK D. LANTERMAN REGIONAL CENTER, PROGRAM AND SERVICES COMMITTEE APPOINTED MEMBER 2018 – 2020, AUTISM SOCIETY OF VENTURA COUNTY BOARD MEMBER/SECRETARY 2012-2019, THOUSAND OAKS BUSINESS ROUNDTABLE APPOINTED MEMBER 2011 – 2018, PRESIDENT 2017-2018, KIWANIS AKTION CLUB OF THOUSAND OAKS 2010-2013 FOUNDER AND ADVISOR, Item No.7N

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Certification
Please agree with the following statements
That all information in this application is complete, truthful, and accurate to the best of my knowledge.

If appointed, I understand it is my responsibility to notify the City of changes that would affect my membership on the board.

I recognize that Board membership requires my attendance at meetings and/or events. I am willing and able to make this commitment of time and effort to serve.

I understand that the Public Records Act (PRA) allows for public review of this application.

I am not an official or employee of the City of Thousand Oaks.

I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above statements.

Agree
Electronic Signature - Please type your First and Last name Item No.7N

Item No.7N

Page 2 of 2 ends

Interests & Experiences
Why are you interested in serving on this board/committee and what do you believe you can contribute?
As a user of public transit on a near daily basis I have an interest in the area of public transit and have an interest in seeing improvements.

Please list all relevant experience supporting appointment to this board.

I've served on this committee for six years.

Please list current and past involvement with civic, volunteer and non-profit organizations, including City boards/committees, and the dates of activity.

Thousand Oaks General Plan Advisory Committee, 2019-
Services Committee, State Mental Health Commission, 2015-2017 Certification
Please agree with the following statements
That all information in this application is complete, truthful, and accurate to the best of my knowledge.

If appointed, I understand it is my responsibility to notify the City of changes that would affect my membership on the board.

I recognize that Board membership requires my attendance at meetings and/or events. I am willing and able to make this commitment of time and effort to serve.

I understand that the Public Records Act (PRA) allows for public review of this application.

I am not an official or employee of the City of Thousand Oaks.

I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above statements.

Agree
Electronic Signature - Please type your First and Last name Item No.7N

TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:December 6, 2022
SUBJECT: Interceptor Unit Repairs FY 2021-23 (MI 2577)
RECOMMENDATION:

1. Approve Amendment No. 2 to Task Order No. 1 with SWCA Environmental Consultants (Pasadena, CA) On-Call Agreement No. 12431-2020 to perform additional environmental permitting services in connection with the Arroyo Conejo Creek Maintenance Agreement in the amount of $28,931, for a revised not-to- exceed amount of $103,799.50, plus extra services of $9,000, with a term ending June 30, 2023.

2. Approve expenditure in the amount of $37,931 ($28,931 Amendment, plus extra services of $9,000) from A/C #624-8250-682-5500 (MI 2577).

3. Find that the project is Categorically Exempt from California Environmental Quality Act pursuant to 14 CCR 15301(b).

FINANCIAL IMPACT:

No Additional Funding Requested. $500,000 is included in the Adopted FY 2021-23 Wastewater Capital Fund Budget. Total project cost is estimated at $112,800.

BACKGROUND:

The City conducts routine maintenance work on all sections of wastewater collection/interceptor lines, including those along the Arroyo Conejo Creeks, known as Interceptor Units W and Y. The City is required to obtain and maintain active permits and maintenance agreements from various local, state, and federal resource agencies to allow City staff to conduct such maintenance work within the Creek areas. The City’s previous maintenance agreement has expired (each agreement has a five-year term); therefore, a new maintenance agreement is needed.

Item No.7O

Interceptor Unit Repairs FY 2021-23 (MI 2577)
December 6, 2022

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4 5
6 On June 23, 2020, City Council approved a three year On-Call professional services agreement with SWCA Environmental Consultants (SWCA) to provide On-Call environmental consulting services up to $125,000 per task order and not- to-exceed $500,000 annually.

On August 2021, staff solicited a proposal from SWCA, for Arroyo Conejo Creek Maintenance Permitting Services under MI 2577. Staff selected SWCA as the service provider next in line on the rotation list. On October 2, 2021, the City Manager approved Task Order No. 1 with SWCA for $46,738 to provide professional services in connection with preparation of the Habitat Assessment and Biological Resource Assessment Reports and Permit Applications for California Department of Fish and Wildlife (CDFW), Regional Water Quality Board (RWQCB), United States Army Corp (USACE), and Ventura County Watershed Protection District (VCWPD).

On May 19, 2022, the City Manager approved Amendment No.1 to Task Order No.1 with SWCA in the amount of $28,130.50, for a revised not-to-exceed amount of $74,868.50. Amendment No. 1 provided an expanded assessment including 3.9 miles of additional road maintenance and grading, as well as an expanded area of Unit W’s access road leading to each facility.

DISCUSSION/ANALYSIS:

Prior to finalizing the Habitat Assessment and Biological Resource Assessment Report for Units W & Y, it was determined that the permitting agencies required an aquatic resource field delineation report with expanded jurisdictional information to assess impacts. While the effort needed for some of this work was included in the original scope of work, the jurisdictional areas to be assessed expanded.

Previously, a separate project, CI 5328 (Unit Y Collections System Interceptor Improvements Phase V), was assessed for environmental impacts and the appropriate permits were obtained. It was anticipated the efforts needed for the CI 5328 project permits would be sufficient to cover the requirements for the necessary maintenance agreements with respect to the Unit Y alignment.

However, the scope of assessment completed for CI 5328 was specific to that project, and additional efforts are needed to complete the assessment for the maintenance agreement, which encompasses an expanded jurisdictional area. Amendment No. 2 to Task Order No.1 will provide for the unanticipated environmental field work, data analysis, and report revisions that were not included in SWCA’s previously approved scope of work.

Staff recommends City Council approve Amendment No. 2 in the amount of $28,931 (Attachment #1) increasing the total not-to-exceed amount for Task Order No. 1 (Contract No. 12431-2020) with SWCA to $103,799.50. This amendment exceeds the City Manager’s delegated authority to approve Task Orders up to $75,000.

Item No.7O

Interceptor Unit Repairs FY 2021-23 (MI 2577)
December 6, 2022

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4 5
6 The project is categorically exempt from the California Environmental Quality Act per section 15301(b) (repair/maintenance of an existing facility).

This project meets City Council’s Top Ten Priorities #9, “Public Works Infrastructure Investments.”
CIP PROJECT PRIORITY (as outlined in FY 2021-22 and FY 2022-23 CIP Program Budget)
Priority One – Addresses Health & Safety, legal and regulatory requirements, or a top City Council Priority.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

PREPARED BY: Roner DelCastillo, Associate Engineer
Attachment:

Attachment #1 – Amendment #2 to Task Order No. 1 with SWCA DPW: 850-20\rdc\ev\Council\2022\12062022\\MI 2577\Collections Miscellaneous Repairs FY 2021-23 Maintenance Agreement.docx
Item No.7O

AMENDMENT NO. 2 Page 1 of 2
Consultant/Contractor: SWCA Environmental Consultant s On Call Agreement Amount: $ Agreement No.: 12431-2020 Prev. Approved Task Orders: $ Agreement Date: $
Agreement Expiration Date:
$ $
$
$ DIR Registration Number: City Council Approval Date:
$ Registration Expiration Date: City Business License Number:

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:

Approved By: Date:

Approved As To Form: Date:

Accepted By: Date:

Approved By: Date:

DPW: 850-20\rdc\ev\Council\2022\12062022\\MI 2577\Arroyo Conejo Creek Maintenance Agreement Att 1 Rev. 5/18/21 * 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 .

Tracy FrLHdl, Assistant City Attorney
City of Thousand Oaks
In addition to the original scope of work, SWCA Environmental Consultants is to also provide additional Aquatic Resource Field Delineation services and other additional services as shown as Exhibit A-2.

City of Thousand Oaks
Nader Heydari, Deputy Director
Shamir Shahamiri, Engineering Division Manager
City of Thousand Oaks
Roner V. del Castillo, Project Manager
28,931.00
Laura B. Maguire, Acting City Clerk
City of Thousand Oaks
City of Thousand Oaks
Bob Engler, Mayor
SWCA Environmental Consultants
John Dietler, Vice President
Completion by:* 06/30/23
City of Thousand Oaks
On Call Agreement Balance:
6/30/2023
12/6/2022
28,931.00
396,200.50 10/2/2021
Previous Amendments:
1st Renewal Date:
2nd Renewal Date:
3rd Renewal Date:7/1/2020
6/30/2023
Task Order Not-To-Exceed:

Arroyo Conejo Creek Maintenance Agreement (MI 2577)
A/C # 624-8250-682-5500
1000017804
103,799.50
28,931.00
TASK ORDER NO.
500,000.00
74,868.50
1 This Amendment:

This Amendment:
28,130.50
46,738.00 Orig. Task Order Date:Orig. Task Order Amount:

Andrew P. Powers, City Manager
City of Thousand Oaks
Clifford G. Finley, Public Work Director
City of Thousand Oaks
21-40633

ON CALL AGREEMENT

TASK ORDER AMENDMENT
ATTACHMENT #1
Item No.7O

EXHIBIT A-2

SCOPE OF WORK
This revised Scope of Work (SOW) includes the additional tasks required to permit the City maintenance for Unit Y and additional field work, data analysis, and report revisions were required for Unit W & Y beyond the Consultant’s prior scope of work to address City of Thousand Oaks revisions to the project description.

Task 1. Unit Y Aquatic Resource Delineation and Incorporate into Report Conduct a field aquatic resource delineation (up to 3 days) along Unit Y, extending across approximately 3.8 miles of access roads and utility facility points. The delineation would include mapping and recording data about aquatic resources to assess jurisdiction and estimate impacts. Based on desktop review it is expected up to eight (8) aquatic resources crossings may occur within the proposed graded road sections. Up to four (4) recorded wetland data forms would be completed. Results would be incorporated into the existing draft Aquatic Resources Delineation Report (ARDR).

Task 2. Incorporate Unit Y Delineation Results into Permit Applications Data from the field delineation would be incorporated into the draft permit applications, so the applications include both Unit W and Unit Y.

Task 3. Unit W Additional Tasks and meeting requested by City of Thousand Oaks This task is to cover work conducted by SWCA for Unit W not covered under WKH previous scope that has already been completed. The work included the collection of field data and associated post-processing of data beyond the prior scope to accommodate changes to the maintenance plan as outlined in the revise d project description. The revised project description included the need for potential trimming of riparian vegetation of CDFW jurisdiction within the Unit W road corridors. As a result, additional field data about the type and number of trees were collected and reported in the draft ARDR report, resulting in a total of 543 trees with an estimated 5 percent trimming per tree type.

In order to accommodate the revised project description, scope, survey area, and spatial data, SWCA conducted work outside the SOW at the City’s request, including field analysis, new GIS data analysis, GIS data conversion, additional internal scope meetings, and several meetings and calls with the City of Thousand Oaks.

Task 4. Unit Y Additional Scope and Tasks
This task is to cover work RQ a 350-foot segment of road to be graded, and three (3) new manholes to be maintained. Tasks by SWCA include assessing impacts for these areas, revising GIS maps, project management, incorporating the additional impacts into the JD Report, HA Report, and permit applications, up to 44 hours. This task also includes up to four (4) hours to respond to the request for information (RFI) from the Ventura County WatershedProtection District.

Item No.7O

TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:December 6, 2022
SUBJECT: Fats, Oils, and Grease Facility Improvements Project (CI 5441) RECOMMENDATION:

1. Approve the project design, plans, specifications, and Addenda Nos. 1 through 4 for construction of the Hill Canyon Treatment Plant Fats, Oils, and Grease (FOG) Facility Improvements Project (CI 5441).

2. Award construction contract to GSE Construction Co., Inc. (Livermore, CA) in the amount of $4,224,500, plus a contingency of $422,450.

3. Approve budget appropriation in the amount of $2,993,700 from A/C #624-0000- 341-9900 (Wastewater Fund, Net Position) to A/C #624-8250-682-8300 (CI 5441, Improvements Other than Buildings).

4. Approve Fourth Amendment to Professional Services Agreement No. 12688- 2021 with MKN Associates, Inc. (Los Angeles, CA), for additional design services and construction phase support services and Material Testing on the FOG Facility Improvements Project in the amount of $453,070, for a revised not-to-exceed amount of $851,092, plus extra services of $42,865, and extend the term of the agreement to June 30, 2024.

5. Authorize expenditure in the amount of $5,142,885 ($4,224,500 construction contract, $422,450 construction contract contingency, $453,070 for design and construction support services, and material testing, and $42,865 for extra services) from A/C #624-8250-682-8300 (CI 5441, Improvements Other than Buildings).

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.

7. Find that the Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15302.

Item No.7P

FOG Facility Improvements Project (CI 5441)
December 6, 2022

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Thousand Oaks City CouncilDecember 6, 2022

Thousand Oaks City Council
December 6, 2022