ATTACHMENT #2
Project Name: HCTP CIP Unit Y2 Project (CI 5328)
DPW:850-20\ev\Council\2023\050923\CI 5328\HCTP CIP Unit Y2 Project Fourth Amendment.docx
FOURTH AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
PADRE ASSOCIATES, INC.
Contract No. 13039-2022
THIS FOURTH AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation (hereafter “City”) and PADRE ASSOCIATES, INC. (hereafter “Consultant”), entitled Hill Canyon Treatment Plant Capital Improvement Project Unit Y2 (CI 5328) dated June 14, 2022, and amended September 20, 2022, December 16, 2022, and March 9, 2023 (herein “Contract”) is made this 9th day of May 2023.
RECITALS
A. Section 3 of the Contract, currently, and as may have been previously amended, provides for a “not-to-exceed” total payment as consideration to Consultant of $79,880 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
September 20, 2022, in the amount of $4,097.50, modifying the Contract amount to $83,977.50.
C. The Second Amendment to the Contract was issued on
December 16, 2022, extending the Contract termination date to June 30, 2023.
D. The Third Amendment to the Contract was issued on March 9, 2023, in the amount of $3,882.50, modifying the Contract amount to $87,860.
E. City needs to expand the Scope of Services to be performed under the present Contract and adding additional time to perform, and Consultant is desirous of performing such and receiving additional compensation for said extra services.
AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below:
Part 1. The Contract is extended for a period of four years and Section 5 is hereby amended to read as follows:
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The term of this Agreement is from the date first written above to June 30, 2027, unless the term of this Agreement is extended, or the Agreement is terminated as provided for herein.
Part 2. Section 2 of Contract is amended to include the additional scope of work generally encompassing extended Construction Phase Support Services and Biological Support Services in conjunction with the HCTP Capital Improvement Project Unit Y2 emergency repair project as well as extending the contract for the remaining 4-year duration of the 5-year environmental monitoring and reporting that was required by the permits. The detailed scope of this additional work that is being added to the Contract is attached hereto and incorporated herein as Exhibit A-3.
Part 3. The sum of $28,521.50 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 $116,381.50 and shall be earned as the work progresses on the basis explained in the original contract, and as may have been previously amended.
Part 4. All terms used in Part 1, 2 and 3 above shall have the meanings ascribed thereto in Contract. Except as amended in Part 1, 2 and 3, all other sections, terms, obligations, duties, clauses, and provisions of Contract shall remain the same.
IN WITNESS WHEREOF, the parties execute this Fourth Amendment to Contract as of the date set forth above.
PADRE ASSOCIATES, INC.
Jerome Summerlin, President
Jeff Damron, Corporate Secretary
CITY OF THOUSAND OAKS
_
Kevin McNamee, Mayor
ATTEST:
Laura B. Maguire, City Clerk
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APPROVED AS TO ADMINISTRATION:
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:
Clifford G. Finley, Public Works Director
APPROVED AS TO FORM:
Office of the City Attorney
Tracy Friedl, Assistant City Attorney
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EXHIBIT A-3
PADRE - Scope of Services
CONSULTANT shall provide environmental permit compliance services to provide biological monitoring services support during the HCTP Capital Improvement Project Unit Y2 construction emergency repair project. CONSULTANT’s work shall be coordinated with HCTP operations.
CONSULTANT shall perform the following Tasks:
PHASE II – CONSTRUCTION PHASE
TASK A: CONSTRUCTION PHASE ENVIRONMENTAL SERVICES SUPPORT
EMERGENCY PROJECT
CONSULTANT will notify the U.S. Army Corps of Engineers and apply for project coverage under Regional General Permit 63 (RGP 63: Repair and Protection Activities in emergency Situations). RGP 63 requires that the Corps approve coverage prior to initiating construction work in waters of the U.S.
CONSULTANT will prepare and submit to the Regional Water Quality Control Board (RWQCB) and State Water Resources Control Board (SWRCB) a Notice of Intent (NOI) for coverage under the Water Quality Certification and Order for RGP
63. Consultant will pay the application fee to accompany the NOI to the RWQCB and Army Corps of Engineers.
CONSULTANT will respond to information requests by CDFW, Corps of Engineers and RWQCB and conduct a site visit if required.
CONSULANT will provide biological support including monitoring of tree trimming for equipment access, installation, maintenance, and removal of exclusion netting upstream and downstream of the access road stream crossing, and periodic inspection of pipeline protection activities to ensure impacts to water quality and biological resources are minimized.
TASK B: CONTINUED 5-YEAR ENVIRONMENTAL PERMIT MONITORING PLAN
CONSULTANT will on an annual basis for the duration of the remaining mitigation period (4 years remaining, first year was already completed), a biologist will conduct a thorough survey for fan palms within the Mitigation Area to count the number of fan palms present within the Mitigation Area. Photo-documentation stations, which were established during the Year 1 (2022) annual monitoring event, will be used to document overall progress of the mitigation activities. Additionally, botanical surveys will be conducted to document changes in species richness over time within the Mitigation Area. If fan palms are documented within the Mitigation Area during the annual monitoring event, CONSULTANT will coordinate with the City a suitable timeframe to remove all extant fan palms. When fan palm removal DPW:850-20\ev\Council\2023\050923\CI 5328\HCTP CIP Unit Y2 Project Fourth Amendment.docx
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occurs, a biologist will be present full-time to monitor the removal of all fan palms within the Mitigation Area in accordance with Condition 2.3 of the project SAA.
Success of the Mitigation Plan is contingent on there being no fan palms within the Mitigation Area during the five-year monitoring period (first year already complete).
CONSULTANT will prepare an annual Mitigation Monitoring Report (Report) in accordance with Condition 4.6 of the project SAA following the completion of each annual monitoring event. The annual Report will be submitted for review to the City no later than December 31st of each year. Following review by the client, CONSULTANT will revise the annual Report prior to submission to CDFW by February 1st of the subsequent year.