ATTACHMENT #1
DPW: 850-20\ev\Council\2025\022525\CI5562\Prefabricated Solar Systems at Various City Facilities Att 1.docx
Project Name: Prefabricated Solar Systems at
Various City Facilities (CI 5562)
THIRD AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
STATEN SOLAR CORPORATION
Contract No. 13195-2023
THIS THIRD AMENDMENT to the Agreement for Solar Systems entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter “City”) and STATEN SOLAR CORPORATION (“Developer”), entitled Prefabricated Solar Systems at Various City Facilities (CI 5562) and dated February 28, 2023 and amended February 7, 2024 and May 13, 2024 (herein “Contract”) is made this February 25, 2025.
RECITALS
A. Section 7 of the Contract currently provides for a termination date of December 31, 2025 unless the Contract is extended or terminated.
B. City and Developer desire to extend the term of this Contract for six (6) months.
C. Section 4 of Contract, currently, and as may have been previously amended, provides for a “not-to-exceed” total payment as consideration to Developer of $5,498,840.50 for services generally and briefly described as Professional Services in conjunction with design, fabrication, permitting, installation, training, and one (1) year operations/maintenance of solar photovoltaic carport and/or rooftop structures at various City facilities.
D. City is in need of expanding the Scope of Services to be performed under the present Contract, and Developer 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:
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Part 1. The term of this Contract is hereby extended to June 30th, 2026, and Section 7 Paragraph 1 is amended as follows:
7. TERM, PROGRESS AND COMPLETION
The term of this Agreement is from the date first written above to June 30, 2026, unless term of this Agreement is extended or the Agreement is terminated as provided for herein.
Part 2. A new Scope of Work, Exhibit A-3, attached hereto and incorporated herein, and the additional services described therein to be performed by Developer are hereby added to the Contract.
Part 3. The sum of $1,383,823.95 is added as compensation to Developer under the present Contract for the above-described additional services, and Subsection 4(a) of Contract is hereby amended as follows:
(a) Maximum and Rate. The total compensation payable to Developer by City for the services under this Agreement SHALL NOT EXCEED the sum of $6,882,664.45 (herein “not to exceed amount").
Part 4. The Schedule of Fees detailed in Exhibit B of Contract is hereby replaced by Exhibit B-3, attached hereto and incorporated herein.
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, and 3 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.
STATEN SOLAR CORPORATION
Sandipan Bhanot, President and CEO
Raj Kumar, Corporate Controller
CITY OF THOUSAND OAKS
David Newman, 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
Developer shall provide all labor, materials, supplies and equipment to re-roof all roofs that will receive solar arrays at the Grant R. Brimhall Library, including both the Main Library and Children’s Library Expansion, in accordance with Work Directive Change No. 4-R1 issued on August 14, 2024, which is reprinted below for reference.
Purpose:
- All roofs that will receive solar arrays at the Thousand Oaks Library and Children’s Library Expansion will need to be re-roofed to obtain a warranty. The re-roof will be a design-build change order to Staten.
Below are the general and specific inclusions that are to be priced in the change order. Please note, due to the design-build nature of this change order, the scope listed below is not intended to limit Staten’s work, but only to clarify or emphasize what is to be included.
General
Inclusions:
- Provide design/construction documents for plan check submittal to the City of Thousand Oaks based on details and specifications provided by Sika.
- Provide all necessary support for plan check and permitting process.
Permit fees will be by City.
- Provide calculations to verify existing structures can take weight of added roofing build up.
- Perform on site investigation(s) to confirm existing conditions of roofing and insulation to confirm proposed design will meet Title 24 requirements, and all applicable codes.
- Provide three bids to the City of Thousand Oaks for review. - Specification section 07 54 13 PVC Thermoplastic Membrane Roofing provided by Sika.
- Re-roof only at roofs that have solar arrays being installed. The entire section of roof will need to be re-roofed.
- Wash/clean roof as needed per specification section 07 54 13 PVC Thermoplastic Membrane Roofing
- Temporary roofing/protection for openings in roofing as needed to mitigate any rain or overnight moisture from entering the existing roofing build up system, and building.
- Protect all existing roofing & drain domes from debris, materials, tools, equipment, etc.
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- Protect roof drains and gutters. No construction debris shall enter the drainage system. Maintain draining function during rainy periods. - Any damage to the existing structure and finishes, or adjacent landscape (C irrigation)/hardscape caused by Developer, or their subcontractors/vendors shall be repaired at no cost to City. - In the event roofing fails, Developer to correct, and replace work at no cost to City.
- Leave completed areas in a clean and suitable condition. - Cordon off areas of construction to prevent public from entering construction areas.
- Inclusive of any overhead or near building-edge work. - All OSHA and other applicable safety regulations.
- Provide all warranties per the specifications.
- Schedule and coordinate progress inspections and final inspection with manufacturer, along with a final completion report.
- Per Specification 07 54 19, Qualifications of Roofer: The Roofing Contractor must be authorized by Manufacturer prior to bid. - Provide record drawings (as-builts) after the completion of construction.
Main Library Specific Inclusions:
- Scope of work includes all labor, materials, tools, equipment, supervision, hoisting, scaffolding, coordination, and any other items deemed necessary or required to perform the overlay of the existing PVC roof with new PVC roofing system including membrane, mechanically fastened cover board, flashings, and other roofing components required for a complete installation and waterproof roof barrier.
- Provide & install all PVC boots for all roof penetrations for all equipment, conduits etc
- All necessary substrate preparation per manufacturer’s requirements.
Repair minor defects in substrate. Developer to assure that substrate is acceptable prior to application of the roofing system. -
Children’s Library Expansion Specific
Inclusions:
- Scope of work includes all labor, materials, tools, equipment, supervision, hoisting, scaffolding, coordination, and any other items deemed necessary or required to perform the overlay of the existing PVC roof with new PVC roofing system including membrane, mechanically fastened cover board, Poly Iso Insulation. flashings, and DPW: 850-20\ev\Council\2025\022525\CI5562\Prefabricated Solar Systems at Various City Facilities Att 1.docx
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other roofing components required for a complete installation and waterproof roof barrier.
- Provide and install all PVC boots for all roof penetrations for all equipment, conduits.
- All necessary substrate preparation per manufacturer’s requirements.
Repair minor defects in substrate. Developer to assure that substrate is acceptable prior to application of the roofing system.
Unit Pricing:
- Provide unit pricing to furnish and install Walk Tred (Sarnatred). Unit pricing to be cost per lineal foot. - Provide unit pricing to furnish and install Guardian CB12 or CB18 Fall Protection Anchors. Unit pricing to be cost per each unit.
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EXHIBIT B-3
SCHEDULE OF FEES