ATTACHMENT #1
DPW: 850-20\ev\Council\2025\062425\Amendment to PM Support for W and WW Impv Project Att 1.docx
Project Name: Water and Wastewater
Project Management Agreement
FIRST AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
PHOENIX CIVIL ENGINEERING, INC.
Contract No. 13281-2023
THIS FIRST AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation (hereafter “City”) and PHOENIX CIVIL ENGINEERING, INC. (“Consultant”), entitled Water and Wastewater Capital Project Program Manager dated June 20, 2023 (herein “Agreement”) is made this 24th day of June, 2025.
RECITALS
A. Section 3 of the Agreement currently provides for a “not-to- exceed” total payment as consideration to Consultant of $900,000 for services generally and briefly described as Water and Wastewater Program Management Support
Services.
B. City is in need of adding language to the contract to comply with the requirements of the Levine Act.
C. City is in need of extending the termination date of the Contract, amending the Scope of Work, increasing the
number of projects to be performed under the present
Agreement, and Consultant is desirous of performing such and receiving additional compensation for said extra services.
AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Agreement agree to amend Agreement as described below:
Part 1. The Contract is extended by twelve months to June 30, 2027, and Section 5 is hereby amended to read as follows:
The term of this Agreement is from the date first written above to June 30, 2027, unless the term of this Agreement is extended, or the Agreement is terminated as provided for herein.
DPW: 850-20\ev\Council\2025\062425\Amendment to PM Support for W and WW Impv Project Att 1.docx
Part 2. Section 2 of Agreement is hereby amended to include additional project Scope of Services to be performed by Consultant, which are added to the Agreement as set forth in the attached “Exhibit A-1,” which is hereby incorporated into the Agreement.
Part 3. The sum of $780,000, is added as compensation to Consultant under the present Agreement for the above-described additional services, and Subsection 3 (a) of Agreement 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 $1,680,000 and shall be earned as the work progresses on the basis explained in the original contract in the schedule of fees Exhibit B, and as may have been previously amended.
Part 4. Levine Act. 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 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\062425\Amendment to PM Support for W and WW Impv Project Att 1.docx
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.
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 Agreement. Except as amended in Part 1, 2, 3, and 4 above, all other sections, terms, obligations, duties, clauses, and provisions of Agreement shall remain the same.
IN CONCURRENCE AND WITNESS WHEREOF, the parties execute this First Amendment to Agreement as of the date set forth above.
PHOENIX CIVIL ENGINEERING,
INC.
___________________________
Jon Turner, President
___________________________
Roslynn Turner, Vice President
CITY OF THOUSAND OAKS
___________________________
David Newman, Mayor
ATTEST:
__________________________
Laura B. Maguire, City Clerk
DPW: 850-20\ev\Council\2025\062425\Amendment to PM Support for W and WW Impv Project Att 1.docx
APPROVED AS TO ADMINISTRATION:
______________________________
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:
______________________________
Nader Heydari, Public Works Director
APPROVED AS TO FORM:
Office of the City Attorney
_____________________________
Tracy Friedl, Assistant City Attorney
DPW: 850-20\ev\Council\2025\062425\Amendment to PM Support for W and WW Impv Project Att 1.docx
EXHIBIT A-1
WATER AND WASTEWATER PROGRAM MANAGEMENT SUPPORT
SERVICES AGREEMENT
AMENDMENT NO. 1 – SCOPE OF WORK
The Scope of Services to be performed by Consultant under the Agreement shall include the following listed projects, to be managed in accordance with the tasks included in the detailed Scope of Work in the original Agreement.
ONGOING/FUTURE/UPCOMING – HCTP &WASTEWATER PROJECTS
*indicates a newly assigned project
PROJECT # PROJECT NAME
CI5427 HCTP Facility Stormwater Diversion
CI5440 HCTP Bioreactors Electrical Upgrades
CI5445 Unit W Improvements
CI5613 Cogeneration Facility Upgrade
CI5617 Flow Equalization Basing (FEB) Mechanical Mixing Improvements CI5622 Electrical Classification & Compliance Upgrades
CI5625 Solar Plant Upgrade and Optimization – Phase I
CI5629 In-Plant Variable Frequency Drives (VFDs) Replacements CI5630 In-Plant Motor Control Center (MCC) Upgrades
CI5634 HCTP In-Plant Meter Replacement
CI5636 In-Plant Pump Replacements; South RAS Pumps
CI5637 In-Plant Valve Assessment and Repairs
CI5638 Permeate Treatment Upgrades
CI5639 Secondary Process Sensors
CI5641* Unit W – Pipe and Maintenance Hole Lining Project Phase II CI5680 Wastewater Collection System Master Plan Implementation Projects CI5681 Unit W Improvements- Phase II
CI5683 Biosolids Conveying and Storage Improvements
CI5684 Unit W Box Canyon Maintenance Hole Addition
CI5736 HCTP Slope Stabilization Project
CI5786* Collections Square Maintenance Hole Upgrades Phase II CI5822* Hill Canyon Creek Restoration Project
CI5823* Unit W and Y Creek Crossing Improvements Project MI2586 Lateral Inspections and Upgrades Unit W
MI2590 HCTP Tertiary Filters Rehabilitation
MI2591 South Plant Rehabilitation
MI2643 Water Resources Project
MI2644 Collections Misc. Repairs FY 2025-27
MI2646 HCTP Misc. Repairs FY 2025-27
MI2650* Hill Canyon Treatment Plant GIS Implementation
DPW: 850-20\ev\Council\2025\062425\Amendment to PM Support for W and WW Impv Project Att 1.docx
ONGOING/FUTURE/UPCOMING - WATER PROJECTS
*indicates a newly assigned project
PROJECT # PROJECT NAME
CI5280* Freeway Reservoir Access Road Improvements
CI5294 Wilder Reservoir Improvements
CI5402* Grissom Reservoir Number 1 and 2 Improvements
CI5448* Freeway Reservoir Improvements
CI5493* Pipeline Upgrades Near Calleguas Turnouts Phase I CI5494* Pipeline Upgrades Near Pederson Pump Station Phase II CI5642 Water Mainline Replacement FY 2025-2027
CI5672 Hydropneumatic Stations Backup Pump Replacements CI5676 Water Systems Misc. Improvements FY 2025-2027
MI2662 Citywide Water Mainline Replacement Study
DPW: 850-20\ev\Council\2025\062425\Amendment to PM Support for W and WW Impv Project Att 1.docx
EXHIBIT C
DPW: 850-20\ev\Council\2025\062425\Amendment to PM Support for W and WW Impv Project Att 1.docx