ATTACHMENT #3
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Project Name: Westlake Boulevard Flood Mitigation
Project (CI 5590)
THIRD AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
NEXTGEN ENGINEERING, INC.
Contract No. 13168-2023
THIS THIRD AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter “City”) and NEXTGEN ENGINEERING, INC. (“Consultant”), entitled Westlake Boulevard Flood Mitigation Project (CI 5590) and dated January 10, 2023 and amended on January 10, 2024, and May 17, 2024 (herein “Contract”) is made this 10th day of September, 2024.
RECITALS
A. Section 3 of Contract, currently, and as may have been previously amended, provides for a “not-to-exceed” total payment as consideration to Consultant of $187,539 for services generally and briefly described as Professional Design Services for the Westlake Boulevard Flood Mitigation Project.
B. City is in need of expanding the Scope of Services to be performed under the present Contract, and Consultant is desirous of performing such and receiving additional compensation for said extra services.
C. Section 5 of Contract, currently, and as may have been previously amended, provides for a “Termination Date” of December 31, 2024.
D. City is in need of adding language to the contract to comply with the requirements of the Levine Act.
E. City and Consultant desire to extend the date of the Contract and amend the Scope of Services and add additional funds while keeping all other terms intact.
AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below:
Part 1. The following services to be performed by Consultant are added to the Scope of Services listed in Section 2 of Contract and such section is hereby amended to add and also include the following services, and Exhibit A-3, attached hereto, is hereby added to the Contract:
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Engineering support services during Construction, as more fully described in Exhibit A-3, attached hereto and incorporated herein by reference.
Part 2. The sum of $40,765 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, and Exhibit B is hereby replaced in its entirety by Exhibit B-3, attached hereto and incorporated herein by reference:
(a)Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $228,304 (herein “not to exceed amount), and shall be earned as the work progresses on the following basis:
Hourly at the hourly rates and with reimbursement to Consultant for those expenses set forth in Consultant's Schedule of Fees marked Exhibit "B-3", attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon Consultant until December 31, 2024, after which any change in said rates and expenses must be approved in writing by City's Project Manager (City is to be given 60 days’ notice of any rate increase request), provided the not to exceed amount is the total compensation due Consultant for all work described under this Agreement.
Part 3. The Contract is extended for a period of 365 days and first paragraph of Section 5 is hereby amended to read as follows:
“The term of this Agreement is from the date first written above to December 31, 2025, unless the term of this Agreement is extended or the Agreement is terminated as provided for herein.” Part 4. Levine Act. A new Section 32 and Exhibit C, attached hereto and incorporated herein, are hereby added to the Contract in compliance with requirements of the Levine Act which shall read as follows:
32. LEVINE ACT COMPLIANCE
California Government Code section 84308 (Levine Act) prohibits any Thousand Oaks City Council member from participating in any action related to a contract, agreement, or franchise agreement if the councilmember receives a campaign contribution totaling more than $250 (aggregated) from the party to the contract, agreement, or franchise agreement, an agent of the party, or any financially interested participant who actively DPW: 850-20\ev\Council\2024\CI 5590\091024\Westlake Flood Damage Mitigation Att 3.docx
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supports or opposes the matter within the previous twelve (12) months. Councilmembers must also disclose any eligible campaign contribution received on the record of the proceeding.
Councilmembers are also prohibited from soliciting, accepting or directing campaign contributions totaling more than $250 (aggregated) from the applicant or party, an agent of the applicant/party, or any financially interested participant who actively supports or opposes the matter within the previous twelve (12) months, and for twelve (12) months following the date a final decision on the contract/agreement is made.
The Levine Act also required parties to a contract, agreement, or franchise agreement to disclose any campaign contribution over $250 (aggregated) within the preceding twelve (12) months by the party to the agreement, contract, or franchise agreement. The Levine Act does not apply to competitively bid, labor, or personal employment contracts.
In order to assure compliance with these requirements, Consultant has provided the disclosure requirements identified in the Levine Act Disclosure Form, attached as Exhibit C, incorporated herein by reference, and Consultant verifies by its signature that it has completed Exhibit C in compliance of these requirements.
Consultant shall also be responsible for understanding and complying with requirements of Government Code section 84308, which prohibits parties to a contract/agreement, as well as their agents and representatives, from contributing more than $250 (aggregated) to a City Council member of the City of Thousand Oaks for the 12 months prior to the award of this Agreement, and for the 12 months following award of this Agreement. Where applicable, Consultant shall disclose any post award campaign contributions prior to seeking an amendment to this Agreement.
Part 5. All terms used in Parts 1, 2, 3 and 4 above shall have the meanings ascribed thereto in Contract. Except as amended in Parts 1, 2, 3 and 4 above, all other sections, terms, obligations, duties, clauses, and provisions of Contract shall remain the same.
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IN WITNESS WHEREOF, the parties execute this Third Amendment to Contract as of the date set forth above.
NEXTGEN ENGINEERING, INC.
_________________________________
William O’Brien, President
_________________________________
Richard Seltzer, Business Manager
CITY OF THOUSAND OAKS
_________________________________
Al Adam, Mayor
ATTEST:
________________________________
Laura B. Maguire, City Clerk
APPROVED AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:
________________________________
Clifford G. Finley, Public Works Director
APPROVED AS TO FORM:
Office of the City Attorney
________________________________
Tracy Friedl, Assistant City Attorney
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EXHIBIT A-3
Scope of Work
Westlake Boulevard Flood Mitigation Project (CI 5590)
Consultant shall perform the following Scope of Work in connection with the Engineering Support Services During Construction:
Task 1 - Bid Process and Pre-Construction Meeting
Consultant shall attend the pre-construction meetings.
Deliverables
Attend meeting (1)
Review Meeting agenda and minutes written by the City Task 2 - Requests For Information (RFIs)
Consultant shall be available to answer City staff questions and to respond to the Contractor’s RFIs regarding the Technical Provisions, the design drawings, or conflicts in the design during the construction and assist the City in issuing responses to RFIs.
Consultant shall provide responses to RFIs (up to 12).
Deliverables
RFI Responses and Design Revisions
Task 3 - Design Revisions
Consultant shall assist the City in issuing Design Change Orders (COs) (up to 5) by preparing plan revisions, details, and specifications if needed.
Deliverables
Plan Revisions, details, and specifications
Desing Change Orders with signatures when complete and approved.
Task 4 - Review and Approve Submittals for Construction Consultant shall provide review and approval of submittals for construction, including review of resubmittals, as required by the specifications (up to 12).
Deliverables
Submittal Review
Track submittals
Task 5 - Attend Construction Progress Meetings
Consultant shall attend jobsite project progress meetings with the City and Contractor for the duration of the construction phase of the project. This task includes time at the jobsite to respond to outstanding construction issues after the project meeting, as required by the Project Manager.
Deliverables
Attend meetings (up to 4) and prepare the minutes for each meeting.
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Task 6 – Attend Virtual Construction Meetings
Consultant shall attend virtual construction meetings with the City and Contractor for the duration of the construction phase of the project. This task includes time to meet virtually and respond to outstanding construction issues after the project meeting, as required by the Project Manager.
Deliverables
Attend meetings (up to 6) and prepare agendas and minutes for each meeting.
Task 7 - Preparation of Record Drawings
Consultant shall incorporate all redline comments prepared by the Contractor and Project Inspector on the signed design Plans. The as-built drawings will be provided to the City and approved prior to the release of the final progress payment. Consultant shall also provide electronic record drawings to the City, in addition to providing updated CAD files as the project’s final As-Built plan set. The transfer of project files to the City will be completed at this time.
Deliverables
As-Built Plans
Transfer of electronic files to city
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EXHIBIT B-3
Schedule of Fees
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EXHIBIT C
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