ATTACHMENT #2
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Project Name: HCTP Stormwater Diversion
Project (CI 5427)
SEVENTH AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
DUDEK, INC.
Contract No. 12393-2020
THIS SEVENTH AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation (hereafter “City”) and DUDEK, INC. (hereafter “Consultant”), entitled HCTP Stormwater Diversion Project and dated May 12, 2020 (herein “Contract”) and amended December 8, 2021, January 11, 2022, December 14, 2022, December 12, 2023, January 30, 2024, and December 16, 2024, is made this 25 th day of March, 2025.
RECITALS
A. Section 3 of the Contract, currently, and as may have been previously amended, provides for a “not-to-exceed” total payment as consideration to Consultant of $270,439.77 for services generally and briefly described as preparation of the construction contract documents, environmental review
services and support services during the bidding phase.
B. Section 5 of the Contract, currently and as may have been previously amended, provides for a termination date of June 30, 2026.
C. City is in need of adding language to the contract to comply with the requirements of the Levine Act.
D. City is in need of expanding the Scope of Services to be performed under the present Contract, and Consultant is desirous of performing extra services and receiving additional compensation through an updated Schedule of Fees.
E. City and Consultant desire to make the above referenced amendments 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 engineering design services during construction and biological/environmental monitoring services. The detailed scope of this additional work is attached hereto as Exhibit A-7, which is hereby added to the contract.
Part 2. The sum of $189,780.00 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 $460,219.77 and shall be earned as the work progresses at the hourly rates and with reimbursement to the Consultant for those expenses as set forth in the original contract, and as may have been previously amended.
Part 3. Levine Act. An updated Section 31 and Exhibit C-1, 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-1, incorporated herein by reference, and Consultant verifies by its signature that it has completed Exhibit C-1 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 $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 4. Exhibit B-7, Consultant’s Schedule of Fees, is hereby replaced by Exhibit B-7, attached hereto and incorporated herein by reference.
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, all other sections, terms, obligations, duties, clauses, and provisions of Contract shall remain the same.
IN WITNESS WHEREOF, the parties execute this SEVENTH Amendment to Contract as of the date set forth above.
DUDEK, INC.
Joseph Monaco, President
Mike Metts, Vice President
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-7
Scope of Services
CONSULTANT shall provide engineering services during construction and environmental monitoring.
CONSULTANT shall perform the following tasks:
TASK 1: PROJECT MANAGEMENT
A. CONSULTANT’S Manager shall maintain team coordination, quality control, project schedule and billing throughout the project duration. Project management shall include coordination with environmental staff (Task 3 and 4) and City.
B. CONSULTANT’S Project Manager shall coordinate with the City Project Manager on an as-needed basis.
TASK 2: ENGINEERING SERVICES DURING CONSTRUCTION
CONSULTANT shall provide construction support services as outlined below.
A. CONSULTANT shall provide Construction Phase office engineering support to attend the pre-construction meeting, track and respond to RFIs including coordination of City input, track and review submittals including coordination of City review comments, and preparation of record drawings.
B. Record drawings shall be provided via PDF. Record drawings shall be based on contractor redlines provided by the City upon acceptance of the completed improvements. Record drawing preparation includes one (1) round of review and comment by the City.
C. During the Construction phase of the project it is assumed that up to twenty (20) RFI’s shall be reviewed and addressed.
D. CONSULTANT shall review up to twenty (20) material submittals.
TASK 3: PRE-CONSTRUCTION PHASE BIOLOGICAL AND ARBORIST
SERVICES
Task 3.1 Worker Education Awareness Program
In accordance with MM BIO-2, Worker Education Awareness Program, prior to the initiation of site disturbances and/or construction activities, CONSULTANT shall provide in-person training sessions for all construction personnel. To accommodate multiple subcontractor personnel, CONSULTANT shall conduct up to two (2) in-person training sessions held at the job site.
Task 3.2 Reptile Salvage and Relocation Plan
As described in MM BIO-7, Reptile Pre-Construction Survey, CONSULTANT shall prepare a Salvage and Relocation Plan that shall describe the process of capturing and relocating special-status reptile species (i.e., California legless lizard [Anniella spp.], San Diegan DPW: 850-20\ev\Council\032525\CI 5427\HCTP Stormwater Diversion Project Att 2.docx
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tiger [coastal] whiptail [Aspidoscelis tigris stejnegeri], and Blainville’s [coast] horned lizard [Phrynosoma blainvillii]) away from ground disturbance areas and into protected open space. The Plan shall describe the purpose; project setting; existing habitat; relocation areas; and survey, handling, and relocation procedures, including biologist requirements; and alternative avoidance procedures that may be implemented in lieu of handling. This plan shall be accompanied by up to two figures and be finalized after one round of City comments. Due to the extensive open space surrounding the Project site, CONSULTANT may assume there shall be sufficient areas for relocating individuals out of harm’s way.
Therefore, no site visits are included in this task.
Task 3.3 Reptile Pre-Construction Survey
In accordance with MM BIO-7, Reptile Pre-Construction Survey, CONSULTANT shall perform a pre-construction survey for California legless lizard (Anniella spp.), coastal whiptail (Aspidoscelis tigris stejnegeri), and coast horned lizard (Phrynosoma blainvillii) within 30 days prior to the initiation of project activities. The methods and results of this survey shall be provided to the City in a short memorandum.
Task 3.4 Pre-Construction Nesting Bird Survey
In accordance with MM BIO-8, Pre-Construction Nesting Bird Survey, CONSULTANT shall perform a pre- construction survey for nesting birds protected by the federal Migratory Bird Treaty Act and California Fish and Game Code. The survey shall determine if activity (nests containing eggs, nestlings, or associated with dependent fledglings) of special-status or protected bird species are present in the construction zone or within 300 feet of the construction zone. The survey shall be conducted within 1 week of construction or site preparation activities that are scheduled to occur during the nesting/breeding season of native bird species potentially nesting on the site (February 1 through August 31).
If active nests are found, CONSULTANT shall establish a no-construction buffer at a minimum of 50 feet for non-raptor bird species and 200 feet for raptor species. All active nests shall be mapped with buffers overlain on aerial photographs and provided regularly to the Project Manager/engineer and construction crews for areas to avoid. Following the identification of an active bird nest, CONSULTANT shall perform a follow-up survey every 14 days until all birds have fledged, the nest is inactive, and there is no evidence of a second nesting attempt.
At the completion of each survey, CONSULTANT shall provide the City with a memorandum documenting the method and results of each nesting bird survey.
Task 3.5 Coastal California Gnatcatcher Surveys
In accordance with MM BIO-9, Coastal California Gnatcatcher Surveys and Avoidance, CONSULTANT shall perform protocol-level surveys for coastal California gnatcatcher (CAGN; Polioptila californica californica) within and up to 500 feet from the Project site.
The surveys shall follow U.S. Fish and Wildlife Service protocols which requires a minimum of 9 non-breeding season surveys to be performed from July 1 through March 14 at a minimum of 2 weeks apart to obtain an adequate determination of presence or absence.
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Within 45 days following the study, a focused survey letter report documenting the methods and results of this survey shall be prepared in accordance with the USFWS requirements. The report shall be submitted to the CITY digitally for review and it is assumed that only one (1) round of review shall be necessary and that comments shall be minimal. Following revisions, per the permitted biologist’s Scientific Collection Permit requirements, the report shall be submitted by CONSULTANT to the USFWS Ventura office.
Task 3.6 ISA Certified Arborist Assessment
In accordance with MM BIO-6, Protected Tree Removal, Replacement, and Protective Measures, prior to construction activities CONSULTANT’s International Society of Arboriculture (ISA) certified arborist shall review the proposed construction plans, visit the project site, and assess the condition, health, and structure of all oak and landmark trees with the potential to be directly impacted (removed or encroached upon) by project activities, including trees proposed to be trimmed or removed. Based on the Draft MND and Biological Resources Assessment Report (BRAR) for the Project, CONSULTANT arborists understand that there are approximately 4 trees that may be impacted by the project (encroached upon), including one potential removal. During the field evaluation, CONSULTANT shall assess the condition, health, and structure of all oak and landmark trees with the potential to be directly impacted and measure the tree crown for each tree.
CONSULTANT shall utilize the existing tree locations, as presented in the Draft MND and BRAR for the assessment. The collected data shall be used to prepare an oak tree report that meets the requirements of MM BIO-6.
Task 3.7 Arborist Oak Tree Report
In accordance with MM BIO-6, Protected Tree Removal, Replacement, and Protective Measures, CONSULTANT shall prepare an oak tree report summarizing the CONSULTANT’S certified arborists’ methods and observations, provide a discussion of the site and its trees, discuss expected tree impacts or removals from proposed development activities, include a tree information matrix outlining individual tree attributes and impact status, and include a map depicting tree locations on the site base plan (numeric tree locations on the map shall correspond to the tree tag number and the tree ID number in the matrix). The arborist report shall also address tree preservation, protection, and maintenance guidelines for trees that are to be retained on site, shall address other potential tree impacts (e.g., canopy conflicts), and shall identify tree replacement requirements for trees to be removed or encroached upon, as necessary and consistent with MM BIO-6.
TASK 4: CONSTRUCTION PHASE BIOLOGICAL AND ARBORIST SERVICES Task 4.1 Biological Monitoring and Reporting
In accordance with MM BIO 4, Biological Monitoring and Reporting, CONSULTANT’s biologist shall be present during all initial ground-disturbing activities (i.e., grading, trenching, grubbing, vegetation trimming or clearing) occurring within undeveloped areas (i.e., not the existing developed Treatment Plant areas). Each day prior to equipment mobilization, the biologist shall perform a clearance survey in which the work area and equipment within undeveloped areas is inspected for wildlife. The biologist shall provide guidance and ensure that biological resource protection measures are in place, to the DPW: 850-20\ev\Council\032525\CI 5427\HCTP Stormwater Diversion Project Att 2.docx
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maximum extent feasible. The biologist shall be experienced in construction monitoring and be able to identify potentially occurring sensitive biological resources in the area, including the coastal California gnatcatcher. The biologist shall survey the construction project footprint and surrounding areas for compliance with all environmental specifications.
In addition, per MM BIO-3, Delimiting Construction Area, while on-site the biologist shall monitor the condition of construction fencing, to ensure avoidance of impacts to surrounding resources; and per MM BIO-8, Pre- Construction Nesting Bird Survey, while on-site the biologist shall monitor active nests during the breeding season to ensure that there are no inadvertent impacts to nesting birds.
TASK 5: CONSTRUCTION MATERIALS TESTING AND SPECIAL INSPECTION
SERVICES
Task 5.1 Construction Materials Testing, Special Inspection and Laboratory CONSULTANT shall provide construction materials testing and special inspection services as outlined below.
A. CONSULTANT shall provide as-needed subgrade and structure backfill testing up to eight (8) site visits.
B. CONSULTANT shall provide as-needed special inspection and PCC Sampling/Testing up to twelve (12) site visits by an ICC Special Inspector and two (2) site visits by a CWI Welding Inspector.
C. CONSULTANT shall provide as-needed Laboratory Testing including:
•Three (3) 4" ASTM D1557 Modified Proctor Tests
•One (1) 6" ASTM D1557 Modified Proctor
•One (1) Sieve Analysis
•One (1) Sand Equivalent Test
•Forty-Five (45) Compression Tests: Concrete 6x12 cylinder – ASTM C39 •One (1) Non-Destructive Test of Welds
D. CONSULTANT shall provide up to 17-hours of project coordination, submittal review, meeting attendance and report preparation by a Principal Engineer/Geologist or Construction Services Manager as-needed.
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EXHIBIT B-7
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EXHIBIT C-1
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