ATTACHMENT #2
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Project Name: Interceptor Capital
Improvement Program Unit W (CI 5445)
EIGHTH AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
AECOM TECHNICAL SERVICES, INC.
Contract No. 12186-2019
THIS EIGHTH AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter “City”) and AECOM TECHNICAL SERVICES, INC. (“Consultant”), entitled Interceptor Capital Improvement Program Unit W CI 5445 and dated the 21st day of August 2019, and amended on May 26, 2020, January 26, 2021, October 19, 2021, June 6, 2022, May 22, 2023, July 11, 2023, and February 22, 2024 (herein “Contract”) is made this 28th day of January 2025.
RECITALS
A. Section 5 of Contract, currently, and as may have been previously amended, provides for a termination date of
December 31, 2025.
B. Section 3(a) of Contract currently, and as may have been previously amended, provides for a not-to-exceed amount of $431,349.
C. City is in need of expanding the Scope of Work of Contract and Consultant desires to perform that work and receive additional compensation therefor.
D. Consultant is in need of updating their Schedule of Fees, and City is agreeable to the change.
E. City is in need of adding language regarding the Levine Act in order to comply with state law.
F. City and Consultant desire to expand the scope of the Contract and update the Schedule of Fees while keeping all other terms intact.
AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below:
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Part 1. Section 2 of Contract is amended to include the additional scope of work generally encompassing design services during bid and construction phases in conjunction with the readvertising of Capital Improvements Program Unit W Project. The detailed scope of work of this additional work is attached hereto and incorporated herein as Exhibit A-8.
Part 2. The sum of $46,900 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 $478,249 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. Exhibit “B” Consultant’s Schedule of Fees hourly rates is hereby replaced in its entirety with Exhibit B-8, attached hereto and incorporated herein, in order to reflect Consultant’s current rates.
Part 4. Levine Act. A new Section 31 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:
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 $500 (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 $500 (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 $500 (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.
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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 and attached herein.
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 $500 (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 Part 1, 2, 3 and 4 above shall have the meanings ascribed thereto in Contract. Except as amended in Part 1, 2, 3 and 4 above, all other sections, terms, obligations, duties, clauses, and provisions of Contract shall remain the same.
IN WITNESS WHEREOF, the parties execute this EIGHTH Amendment to Contract as of the date set forth above.
AECOM TECHNICAL SERVICES, INC.
Ben P. Horn, PE
Principal/Managing Engineer
Armond Tatevossian
Secretary
CITY OF THOUSAND OAKS
______
David Newman, 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-8
Scope of Services
CONSULTANT shall provide engineering services during construction and to assess the condition of the Interceptor Capital Improvement Program Unit W Project once the construction is complete.
CONSULTANT shall perform the following additional tasks:
Task 1. Prepare Plans & Contract Documents for the Condition Assessment Report (CAR).
CONSULTANT shall update the plans to address RFI’s presented during the previous bid efforts to refine the design intent and contractor’s scope of work. This task will consist of revising plans and specifications, City review and a review meeting, followed by implementing requested revisions. CONSULTANT will also update the engineering cost opinion and bid schedule.
Task 2. Engineering Services During Bid Phase.
CONSULTANT will prepare responses to up to two contractor generated RFI’s, prepare addenda (up to 2), and analyze the bids received by the City from the Contractors on the project.
Task 3. Engineering services during construction.
CONSULTANT will provide the following construction phase services associated with re- starting the construction phase in 2025, to be done in addition to the construction phase services already included in the existing agreement. CONSULTANT shall provide material/equipment submittal review, preparation for and attendance at the preconstruction meeting as well as attendance at two weekly meetings.
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EXHIBIT B-8
AECOM
FEE SCHEDULE FOR PROFESSIONAL SERVICES
Effective January 1, 2025
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EXHIBIT C
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