ATTACHMENT #3
DPW: 850-20\ev\Council\2025\021125\CI 5445\ Unit W Interceptor Improvements Att 3.docx
Project Name: Unit W Interceptor
Improvements Project (CI 5445)
FIRST AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
PADRE ASSOCIATES, INC.
Contract No. 13560-2024
THIS FIRST AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter “City”) and PADRE ASSOCIATES, INC. (“Consultant”), entitled Interceptor Capital Improvement Program Unit W CI 5445 and dated the 27 th day of February, 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 June 30, 2025.
B. Section 3(a) of Contract currently, and as may have been previously amended, provides for a not-to-exceed amount of $83,468.
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:
Part 1. Section 2 of Contract is amended to include the additional scope of work generally encompassing design services during bid and construction phases DPW: 850-20\ev\Council\2025\021125\CI 5445\ Unit W Interceptor Improvements Att 3.docx
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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-1.
Part 2. The sum of $2,805 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 $86,273 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. Section 5 of the Contract is hereby amended to extend the contract for a period of six months to December 31, 2025, unless the term of this Agreement is extended or terminated as provided for herein.
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.
In order to assure compliance with these requirements, Consultant has provided the disclosure requirements identified in the Levine Act Disclosure Form, DPW: 850-20\ev\Council\2025\021125\CI 5445\ Unit W Interceptor Improvements Att 3.docx
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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 First Amendment to Contract as of the date set forth above.
PADRE ASSOCIATES, INC.
Jerome Summerlin
President
Jeff Damron
Corporate 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-1
Scope of Services
CONSULTANT shall provide regulatory permit environmental monitoring services during construction of the Interceptor Capital Improvement Program Unit W Project.
Task 1: CONSULTANT shall perform the following tasks associated with the Streambed Alteration Agreement (SAA):
SAA Condition 3.3: Mitigation Creation Plan.
CONSULTANT shall update and expand the Mitigation and Monitoring Plan submitted to California Department of Fish and Wildlife (CDFW) in April 2022 to include additional mitigation areas. The Mitigation Creation Plan shall be submitted to the City for review and approval because additional mitigation areas shall need to be identified.
SAA Condition 4.1: Financial Security.
Following City approval of the Mitigation Creation Plan, CONSULTANT will provide an estimate of the mitigation costs (including maintenance and monitoring) to facilitate City preparation of the letter of credit to be submitted to CDFW.
SAA Condition 5.5: Final Monitoring Report.
CONSULTANT shall prepare and submit a Final Monitoring Report following the second vegetation/sedimentation/erosion assessment, which must follow a 5-year storm event. This report shall be submitted to CDFW via EPIMS.
SAA Condition 5.7: Final Project Report.
CONSULTANT shall prepare the Final Project Report/Annual Report and submit to CDFW no later than one month after field construction activities are complete.
This Report shall include a summary of project activities and permit compliance issues, biological monitoring notes and photographs.
TASK 2: CONSULTANT shall submit updated biologist qualifications to CDFW to obtain approval from CDFW to provide flexibility in scheduling and ensure the availability of qualified biologists during the construction timeframe.
TASK 3: CONSULTANT shall perform and submit updated Least Bell’s Vireo avian surveys that are required as part of the CDFW regulatory permit..
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EXHIBIT C
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