ATTACHMENT #1
DPW:840-10\ev\Council\2024\10222\MI 2589\Wastewater Collections Master Plan Update Att 1.docx
Project Name: Wastewater Collections
Master Plan Update (MI 2589)
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
KENNEDY/JENKS CONSULTANTS, INC.
THIS AGREEMENT is made and entered into this 22nd day of October, 2024, by and between CITY OF THOUSAND OAKS, a municipal corporation ("City"), and KENNEDY/JENKS CONSULTANTS, INC. ("Consultant").
City and Consultant agree as follows:
1. RETENTION AS CONSULTANT
City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the services described in Section 2. Consultant warrants it has the qualifications, experience, and facilities to properly and timely perform said services.
2. DESCRIPTION OF SERVICES
The services to be performed by Consultant are as follows:
Professional services in conjunction with the Wastewater Collections Master Plan Update, which shall generally include reviewing and analyzing record drawing/GIS information, reviewing the current City General Plan for pending and anticipated development infill projects, conducting site visits, performing field flow monitoring activities, attending and coordinating progress meetings, and preparing the City-wide wastewater collection system master plan document, as more particularly set forth in the Scope of Work, attached as Exhibit “A,” which is incorporated herein by reference.
3. COMPENSATION AND PAYMENT
(a)Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $636,968(herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:
Hourly at the hourly rates and with reimbursement to Consultant for those expenses set forth in Consultant's Schedule of Fees attached as Exhibit "B," which is incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon Consultant until January, 2025, after which any change in the rates DPW:840-10\ev\Council\2024\10222\MI 2589\Wastewater Collections Master Plan Update Att 1.docx
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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.
(b)Payment. Consultant shall provide City with written verification of the actual compensation earned, in a form satisfactory to City's Project Manager.
Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including, if applicable, a list of hours worked by personnel classification). All payments shall be made within 30 days after City’s approval of the invoice.
(c)Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Section 2 may be agreed upon only by execution of a written Amendment to this Agreement. No liability or right to compensation for extra services shall exist without such Amendment. Unless otherwise stated in the Amendment, applicable rates for extra services shall be at the rates set forth in Exhibit “B.”
4. CITY PROJECT MANAGER
The services to be performed by Consultant shall be accomplished under the general direction of, and coordinate with, City's "Project Manager", as that staff person is designated by City from time to time, and who presently is Nader Heydari, PE, CCM.
5. TERM, PROGRESS AND COMPLETION
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.
City Manager or his or her designee shall have the authority to extend the term of this Agreement in writing no more than 3 separate times, for a period of one year each. Extensions shall be memorialized by written amendment to the contract.
Consultant shall not commence work on the services to be performed under the Agreement until (i) Consultant furnishes proof of insurance as required by paragraph 9 below, and (ii) City’s Project Manager gives written authorization to proceed with the work. All services shall be completed within the term of this Agreement.
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6. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than Consultant's drafts, notes and internal memorandum), including duplication of same prepared by Consultant in the performance of these services, are the property of City. City shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when requested by City. City agrees to hold Consultant harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans, specifications, graphics, brochures, reports, and other documentation for purposes other than those described in this Agreement, unless written authorization of Consultant is first obtained.
7. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTS
This Agreement is for professional services, which are personal to City.
Connor Rutten is deemed to be especially experienced and is a key member of Consultant's firm, and shall be directly involved in performing, supervising or assisting in the performance of this work. This key person shall communicate with, and periodically report to, City on the progress of the work. Should said individual be removed from assisting in this contracted work for any reason, City may terminate this Agreement.
This Agreement is not assignable by Consultant without City's prior written consent.
The following portions of the work described in this Agreement may be subcontracted out to other parties by Consultant: geotechnical and topographic surveying.
8. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for Consultant's Damages. Consultant holds City, its elected officials, officers, agents, employees and volunteers, harmless from all of Consultant's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Consultant, to Consultant's employees, to Consultant’s contractors or subcontractors, or to the owners of Consultant's firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or performance of any activity or work required under this Agreement. (b) Defense and Indemnity of Third Party Claims/Liability. To the maximum extent allowed by law, Consultant shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of DPW:840-10\ev\Council\2024\10222\MI 2589\Wastewater Collections Master Plan Update Att 1.docx
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or in connection with Consultant’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Consultant, or should City otherwise find Consultant’s legal counsel unacceptable, then Consultant shall reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay City any final judgment rendered against City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of Consultant’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
Consultant’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City.
(c) Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 9.
9. MINIMUM SCOPE AND LIMIT OF INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, and any extension thereof, policies of insurance of the type and amounts described below and in a form that is satisfactory to the City.
Coverage shall be at least as broad as:
(a).Commercial General Liability (CGL): Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, DPW:840-10\ev\Council\2024\10222\MI 2589\Wastewater Collections Master Plan Update Att 1.docx
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and any extensions thereof, carry General Liability insurance coverage at least as broad as Insurance Services form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate for bodily injury, personal and advertising injury and property damage, including without limitation, blanket contractual liability.
(b).Automobile Liability: Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry Automobile Liability insurance coverage at least as broad as Insurance Services form CA 00 01 or the exact equivalent covering bodily injury and property damage for all activities of Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage of any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c).Worker’s Compensation: Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry workers’ compensation statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for bodily injury or disease. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers for all work performed by Consultant, its employees, agents and subcontractors.
(d).Professional Errors and Omissions Insurance: Consultant shall, at Consultant’s sole cost and expense throughout the term of this Agreement, and any extensions thereof, carry professional errors and omissions coverage of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate, with tail coverage for an extended reporting period of three (3) years.
If Consultant maintains higher limits than the minimum shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability DPW:840-10\ev\Council\2024\10222\MI 2589\Wastewater Collections Master Plan Update Att 1.docx
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coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 10 01 and CG 20 37 10 01 if a later edition is used). The provision shall also apply to any excess liability policies. In addition, Consultant shall ensure that the automobile liability policy contains a provision covering City as an additional insured, and shall obtain an endorsement to that effect if it does not.
Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Umbrella or excess policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be “pay on behalf” with defense costs payable in addition to policy limits. There shall be no cross liability exclusion of claims or suits by one insured against the other. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and no-contributory basis for the benefit of City as required in written contract or agreement before City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
City’s Rights of Enforcement
In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancelled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant’s payments. In the alternative, City may cancel this Agreement.
City’s Right to Revise Specifications
City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation.
Primary and Non-Contributory Coverage
For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees or volunteers shall be excess of Consultant's insurance and shall not contribute with it and shall be at least as broad as CG 20 01 04 13.
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Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to City.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. City may require Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with a current A.M. Best’s rating of no less than A:VII, (unless otherwise acceptable to the City).
Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its officers, officials, employees or volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications - to waive their right of recovery prior to a loss. Consultant hereby waives his own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to City prior to commencement of work.
Claims Made Policies
If any of the required policies provided coverage on a claims-made basis:
(a). The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of contract work.
(b). Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work required under this Agreement.
(c). If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.
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Verification of Coverage
Consultant shall provide City with copies of certificates (on City certificate form or an Accord form as modified per City direction) for all policies, with the appropriate named additional insured coverage and an endorsement that they are not subject to cancellation without 30 days prior written notice to City. All certificates and endorsements are to be received and approved by City before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
10. RELATION OF THE PARTIES
(a)Consultant is and shall at all times remain as to City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant 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 any of its officers, employees or agents are in any manner officers, employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
(b)No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. CORRECTIONS
In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work that may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such DPW:840-10\ev\Council\2024\10222\MI 2589\Wastewater Collections Master Plan Update Att 1.docx
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correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be charged to Consultant or withheld from any funds due to Consultant hereunder.
12. TERMINATION BY CITY
City Manager or his designee may, upon 30 calendar days written notice, terminate without cause any portion or all of the services agreed to be performed under this Agreement. If termination is for cause, no advance notice need be given. In the event of termination, Consultant shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by City to Consultant within 30 days following submission of a final statement by Consultant unless termination is for cause. In such event, Consultant shall be compensated only to the extent required by law.
13. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished, or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors, agents and consultants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents and consultants.
14. AUDIT OF RECORDS
Consultant shall maintain, in accordance with generally accepted accounting principles, complete and accurate records of all activities and operations relating to this Agreement. Records, including but not limited to, timecards, employment records, work progress reports, reimbursements, invoices, project records, proprietary data and information, as well as licensed software and any electronic records shall be kept for a period of four years beyond the termination of this Agreement. Consultant agrees that City, or its authorized representative, shall have the right to examine, audit, excerpt, copy or transcribe any of the records pertaining to this Agreement at any time during normal business hours. Consultant shall reimburse City for all reasonable costs of the audit, including travel time and auditor costs, should such audit reveal an overcharge of five (5) percent or more. Any overcharge will be considered a breach of this DPW:840-10\ev\Council\2024\10222\MI 2589\Wastewater Collections Master Plan Update Att 1.docx
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Agreement and could be cause for termination. The obligations of this section shall be explicitly included in any subcontracts or other agreements entered into by Consultant with respect to this Agreement.
15. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
16. CONFLICT OF INTEREST
Consultant is unaware of any City employee or official that has a financial interest in Consultant's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in Consultant's business by any City employee or official.
17. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this Agreement shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.
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.
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19. GOVERNING LAW
This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California.
Should litigation occur, venue shall be in Superior Court of Ventura County.
20. TAXPAYER IDENTIFICATION NUMBER
Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as most recently issued by the Internal Revenue Service.
21. NON-APPROPRIATION OF FUNDS
Payments due and payable to Consultant for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds for payment of Consultant services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.
22. MODIFICATION/AMENDMENT OF AGREEMENT
Any amendment, modification, or variation of the terms or tasks of this Agreement shall be in writing and shall be effective only upon the mutual written approval by the City Manager, or his designee, and Consultant.
23. USE OF THE TERM “CITY”
Reference to “City” in this Agreement includes City Manager or any authorized representative acting on behalf of City.
24. PERMITS AND LICENSES
Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
25. CAPTIONS
The captions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement.
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26. AUTHORIZATION
Each party has expressly authorized the execution of this Agreement on its behalf and bind said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this Agreement.
27. ENTIRE AGREEMENT BETWEEN PARTIES
Except for Consultant's proposals and submitted representations for obtaining this Agreement, this Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services, and contains all of the covenants and agreements between the parties with respect to said services.
28. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
29. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY: Attention: Nader Heydari
Public Works Department
City of Thousand Oaks
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362
TO CONSULTANT: Attention: Jeff Savard, PE
Kennedy/Jenks Consultants, Inc.
2775 North Ventura Road, Ste 202
Oxnard, CA 93036
30. SIGNATURES
(a) Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
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(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.
31. 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 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, Service Provider has provided the disclosure requirements identified in the Levine Act Disclosure Form, attached as Exhibit C, incorporated herein by reference, and Service Provider verifies by its signature that it has completed Exhibit C in compliance of these requirements.
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Service Provider 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 Contract/Agreement, and for the 12 months following award of this Contract/Agreement. Where applicable, Service Provider shall disclose any post award campaign contributions prior to seeking an amendment to this Agreement.
In concurrence and witness whereof, this Agreement has been executed by the parties effective on the date and year first above written.
KENNEDY/JENKS CONSULTANTS,
INC.
Jeff Savard, PE, Vice President
Gerard Cavaluzzi, Secretary
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
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APPROVED AS TO FORM:
Office of the City Attorney
Tracy Friedl, Assistant City Attorney
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EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall review and analyze existing information and prepare the City-wide wastewater collection system master plan update document.
CONSULTANT shall perform the following Tasks:
Task 1. Project Management
1A. Meetings. CONSULTANT shall attend a kick-off meeting with City staff to refine scope and objectives and to identify critical project success factors, including conflicts and schedule concerns. CONSULTANT shall participate in regular review video conference meetings to be conducted at appropriate intervals throughout the project in order to facilitate communication and ensure that work is being completed in accordance with the scope of services.
1B. Project Management. CONSULTANT shall submit monthly progress reports along with invoices, identifying work completed in the previous month, work anticipated in the next month, and key issues. Project coordination and administration will be provided, consisting of schedule and budget monitoring, internal team coordination, and contract administration (project initiation, closeout, subcontracting). 1C. Presentations. CONSULTANT shall prepare up to two presentations to the City Council or other interested parties to explain the goals and objectives of the master plan. 1D. QA/QC. CONSULTANT project deliverables will undergo quality reviews prior to submittal to the City in accordance with CONSULTANT’S Quality Control Program. An internal team project initiation review meeting and Concept & Criteria Review meeting will be conducted to review the project approach and methodology early in the process. As the project is executed, other QC reviews are performed at appropriate milestones, which are generally associated with submittals to the City; internal QC review will occur prior to submission of a submittal.
Task 1 Deliverables:
Meeting agendas and notes (PDF)
Presentation slide decks (PowerPoint)
Monthly progress reports and invoices (PDF)
Task 2. Existing System Overview (Condition Assessment) 2A. Review Existing Information.
a. CONSULTANT shall review existing plans, reports, and documents including available maps, drawings, and other visual/graphic data (i.e., base maps, city atlas maps, record drawings, CCTV inspection tapes and records, photographs, etc.).
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b. CONSULTANT shall review the City’s existing Sanitary Sewer Management Plan (SSMP) to obtain familiarity with the existing City’s system, programs and areas of identified improvements.
c. CONSULTANT shall conduct interviews with City operation and maintenance staff and review maintenance and overflow records.
d. CONSULTANT shall provide recommendations for any pipeline diameter increases, configuration changes and/or cleaning frequency or methods of cleaning the siphons as part of a regular maintenance practice. e. CONSULTANT shall meet with City staff to analyze the pipeline frequent cleaning hot spot list and determine what capital improvement project(s) should be identified and prioritized to work towards removal of the hot spots from the list.
f. CONSULTANT will conduct two 4-hour in- person Stakeholder Engagement Workshops (Workshops #1 and #2) with City staff. The purpose of Workshop #1 is to interview the City’s most experienced O&M staff and engineers to understand existing operational issues, potential system vulnerabilities, opportunities for system improvements, and ongoing performance-based asset management strategies. Workshops content will be organized based on Stakeholder availability.
g. CONSULTANT shall review the existing CCTV program and provide input on whether the City needs to add more staff and equipment, contract out a portion of the CCTV services to a private firm, partner with a nearby agency to share resources or other innovative strategies in order to meet the CCTV goal for the City. The analysis shall consider current staffing levels as part of the analysis and what impact any future full time equivalent (FTEs) would be realized. 2B. Field Investigation. CONSULTANT shall complete a field review and inspection to verify existing conditions. This shall consist of surface-based manhole inspections, which include digital photography of both upstream and downstream pipes (up to 50 locations).
Manhole inspections will be in accordance with NASSCO MACP Level 1 inspections.
Interceptors will be CCTV inspected by the City during low flow periods without the use of bypass pumping or flow diversions for any locations that have not been inspected in the last 3 years. CONSULTANT will assign a rating to the inspected manholes and interceptor pipelines based on the information gathered. Up to 50 manholes and 50 interceptors will be provided a NASSCO rating.
2C. Condition Assessment Database. CONSULTANT shall compile the data collected from the inspections, workshop interviews, and reviews into a computer database program. The database will be structured/designed such that its usefulness extends beyond the preparation of this Plan and can be linked to other interceptor databases and maps developed in this project.
2D. Lynn Ranch/Unit W Lateral Mains. CONSULTANT shall prepare an analysis of the collection system and develop recommendations for how to manage this system moving forward. Concepts that are to be evaluated/discussed include, but are not limited to:
assessment district formation, individual residential low pressure discharge systems (similar to an E/One system), relocation of the pipelines, lift station and force mains to a DPW:840-10\ev\Council\2024\10222\MI 2589\Wastewater Collections Master Plan Update Att 1.docx
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gravity system nearby. The analysis and recommendations are to be included in the technical memorandum to be prepared in Task 2E.
2E. Analysis and Technical Memorandum. CONSULTANT shall analyze the condition data collected along with other information (e.g., pipeline age and material, evidence of l/l, O&M staff observations) to prioritize reaches for further CCTV inspection. Prepare draft and final technical memoranda for City review, summarizing the condition inspections and recommending additional CCTV inspections. It is assumed no field work will be required for this task.
2F. Additional CCTV (Optional Task). Upon authorization by the City, CONSULTANT shall perform additional CCTV inspections at an agreed- upon price. Add the additional data to the condition database. The estimated costs and fees for this task are specifically excluded.
Task 3. Infiltration and Inflow (I/I) Study
3A. Data Collection and Review.
a. CONSULTANT shall obtain flow monitoring data available from City of Thousand Oaks records.
b. CONSULTANT shall review the previous Master Plan document for areas of concern.
c. CONSULTANT shall assess the existing interceptor system and determine the locations for installation of temporary and/or permanent flow monitors as well as suitable locations for rain gauges. The monitoring locations shall be suitable for wastewater modeling and data collection for future system analysis. 3B. Temporary Flow Monitoring.
a. CONSULTANT shall provide temporary flow monitoring installation, maintenance, and data collection for a total of 20 temporary monitors and 5 rain gauges for a total of 60 days in January and February months (rainy months). b. CONSULTANT shall review and analyze flow monitoring and rainfall data to determine minimum, average, and peak dry and wet weather flow rates and I/I quantities for each of the monitoring locations.
c. CONSULTANT shall perform a total of 50 flow isolation measurements (approximately 10 measurements along a single interceptor per night) along interceptors that have the highest I/l based on the permanent and temporary monitoring results.
3C. I/I Analysis, Database and Plan.
a. CONSULTANT shall review the collected flow data to confirm the effectiveness at meeting operational and permit compliance requirements. b. CONSULTANT shall develop an I/I reduction plan, including specific repair/ rehabilitation projects as well as additional flow monitoring and testing deemed necessary to determine the sources of the l/I and the cost-effectiveness of repairs.
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c. CONSULTANT shall provide the data collected (e.g., flow, rainfall, inflow, infiltration, etc.) and the results of the data analyses to the City in the form of a database and technical memorandum.
d. CONSULTANT shall submit draft and final technical memoranda for review and approval.
Task 4. Spatial Data Capture And System Modeling
4A. Interceptor Modeling.
a. CONSULTANT shall prepare a hydraulic model of the City’s interceptor system, using the flow data provided by the City combined with the flow data collected by CONSULTANT. The model runs for existing and projected year 2045 General Plan build out conditions shall be conducted by CONSULTANT. The modeling/pipeline capacity analysis shall address the impacts to the collection system from increased local groundwater pumping and the regional water purification project that is being undertaken by Las Virgenes Municipal Water District and any impacts to the wastewater collection system envisioned by that project and transported through the interceptor collection system.
b. CONSULTANT shall compile the results of the models and define existing and projected system deficiencies and required improvements. A summary of the modeling analysis will be provided in a draft TM by the CONSULTANT. A final TM will be prepared based on the City’s comments on the draft TM.
Task 5. Future Regulatory Considerations
5A. Dry Flow Storm Drainage Diversion. CONSULTANT shall prepare a technical memorandum that will review the current discussion of the conceptual process, review the City’s wastewater treatment system and provide a potential list of concerns with capturing and treating the low flow storm drainage at the wastewater treatment plant and provide a potential list of capital improvements that might be necessary to treat the low flow storm drainage.
5B. Sewer Lateral I/I Mitigation. CONSULTANT shall prepare a technical memorandum outlining what options the City has for managing groundwater infiltration into the collection system. The technical memorandum shall:
a. review and comment on the current ordinance stating the current lateral is private property ownership, and how other wastewater agencies are addressing the private lateral repair/rehabilitation/sealing issue at an agency level to reduce the infiltration.
b. include different technologies for lateral replacement (conventional and trenchless) and financial aspects/programs being implemented by other wastewater agencies and legal processes surrounding the private property lateral requirements. c. include a cost/benefit review of addressing the infiltration occurring within private laterals.
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Task 6. Capital Improvement Program
6A. Project Identification. CONSULTANT shall review projects in the current 5-year Capital Improvement Budget and develop a prioritized list of recommended system improvement and replacement projects that can be implemented over the next 10 years. 6B. Project Development.
a. For each capital improvement project, CONSULTANT shall provide a brief graphic and narrative conceptual design summary, describing the anticipated improvements, estimated cost, and basis for improvements. b. CONSULTANT shall develop a planning-level unit costs database for major interceptor components.
c. CONSULTANT shall develop project phasing (2 to 5 year increments, including 10 year) based on priority and anticipated available funds. d. CONSULTANT shall prepare for and conduct a workshop with the City to review the proposed CIP projects.
6C. Develop Implementation Strategy. CONSULTANT shall conduct a replacement/rehabilitation needs analysis that defines long-term replacement/rehabilitation costs and provides the tools required to establish sound financial replacement/rehabilitation strategies.
6D. CIP Documentation. CONSULTANT shall submit draft and final technical memorandums for review and approval.
Task 7. Reports and Documentation
7A. Master Plan Report. CONSULTANT shall prepare a formal Master Plan Report consisting of summary sections, final technical memoranda prepared for the project, and required appended materials and documents. CONSULTANT shall first prepare a draft for review and comment and then a final document incorporating City’s comments. The final document shall be submitted as originals, 5 bound hard copies, and as Adobe Acrobat PDF of the entire document for archiving and reprinting. The Master Plan Report will consist of the final versions of TM#1–5, a section describing the existing system, a section describing the development of the CIP, and appendices. 7B. Summary Report. CONSULTANT shall prepare a draft summary stand-alone report for review and comment. It is anticipated that the Summary Report will be a 2–3 page document.
7C. Electronic Report. CONSULTANT shall prepare an Adobe Acrobat PDF version of the Master Plan Report (one electronic .pdf version). After the final acceptance of the electronic report, CONSULTANT shall be available to assist the City’s information technology staff with the integration of the PDF reports into the City’s Internet home page.
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EXHIBIT B
FEE SCHEDULE
The following rates apply through January 2025.
Title Hourly Rate
Engineer-Scientist-Specialist 1 $155
Engineer-Scientist-Specialist 2 $190
Engineer-Scientist-Specialist 3 $210
Engineer-Scientist-Specialist 4 $230
Engineer-Scientist-Specialist 5 $250
Engineer-Scientist-Specialist 6 $275
Engineer-Scientist-Specialist 7 $300
Engineer-Scientist-Specialist 8 $320
Engineer-Scientist-Specialist $335
Senior CAD-Designer $195
CAD-Designer $180
Senior CAD-Technician $165
CAD-Technician $145
Project Assistant $145
Administrative Assistant $130
Aide $105
Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus five percent for items such as:
a) Maps, photographs, 3rd party reproductions, 3rd party printing, equipment rental, and special supplies related to the work. b) Consultants, soils engineers, surveyors, contractors, and other outside services.
c) Rented vehicles, local public transportation and taxis, travel and subsistence.
d) Project specific telecommunications and delivery charges. e) Special fees, insurance, permits, and licenses applicable to the work. f) Outside computer processing, computation, and proprietary programs purchased for the work.
Reimbursement for vehicles used in connection with the work will be at the federally approved mileage rates or at a negotiated monthly rate.
If prevailing wage rates apply, the above billing rates will be adjusted as appropriate.
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Overtime for non-exempt employees will be billed at one and a half times the Hourly Rates specified above.
Rates for professional staff for legal proceedings or as expert witnesses will be at rates one and one-half times the Hourly Rates specified above.
Excise and gross receipts taxes, if any, will be added as a direct expense.
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EXHIBIT C
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