ATTACHMENT #2
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Project Name: Electrical
Classification and Compliance
Study (CI 5622)
THIRD AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
P2S ENGINEERING, INC.
Contract No. 13406-2023
THIS THIRD AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation (hereafter “City”) and P2S ENGINEERING, INC. (hereafter “Consultant”), entitled Electrical Classification and Compliance Study (CI 5622) and dated September 12, 2023 and amended on April 23, 2024 and December 3, 2024 (herein “Contract”) is made this 24th day of June 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 $209,081 for
services generally and briefly described as preparation of the construction contract documents and services during the bidding phase.
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 expanding the Scope of Services to be performed under the present Contract, and Consultant is desirous of performing such and receiving additional
compensation for said extra services.
D. The parties are in need of updating Consultant’s Schedule of Fees.
E. City and Consultant desire to expand the scope of services and add additional funds while keeping all other terms intact.
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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 associated with the addition of modifications to the existing Cogeneration building to incorporate a one-hour rated room enclosure on the existing mezzanine, addition of an exhaust fan, and panel relocations to accommodate the new enclosure. The detailed scope of this additional work is attached hereto and incorporated herein as Exhibit A-3.
Part 2. The sum of $29,950 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 $239,031 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 “Schedule of Fees” is hereby replaced in its entirety with Exhibit B-3, attached hereto and incorporated herein. All references to Exhibit B in Contract shall now refer to Exhibit B-3.
Part 4. Levine Act. An updated 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.
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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, 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.
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Part 5. All terms used in Parts 1 through 4 above shall have the meanings ascribed thereto in Contract. Except as amended in Parts 1 through 4, all other sections, terms, obligations, duties, clauses, and provisions of Contract shall remain the same.
IN WITNESS WHEREOF, the parties execute this Third Amendment to Contract as of the date set forth above.
P2S ENGINEERING, INC.
Kevin Peterson, CEO/President
Kent Peterson, Vice President
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:
Nader Heydari, 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 SERVICES
CONSULTANT shall perform mechanical, electrical and structural design services related to the Cogeneration building as part of the Hill Canyon Treatment Plant Electrical Classification and Compliance Upgrades (CI 5622) project.
CONSULTANT shall perform the following Tasks:
Task 1: General Design
A. Develop construction documents for HVAC and electrical systems, including sections, elevations, equipment schedules, equipment locations and orientations, identification of major system routings, and construction details.
B. Coordinate hangers, supports, and equipment anchorage with the structural engineer.
C. AutoCAD shall be utilized for this project.
D. Provide construction specifications in CSI format.
E. Provide Title 24 documentation.
F. Provide submittals at 50% CD and 95% CD for city review. Submittals will consist of drawings in PDF format and book specifications in PDF format.
G. Participate in two (2) virtual review meetings.
H. Respond to review comments and incorporate them into design deliverables for the next submittal.
Task 2: Mechanical Design
A. Design a supply fan to positively pressurize the enclosure.
Task 3: Electrical Design
A. Design power to new mechanical supply fan.
B. Relocated electrical disconnects to meet required clearances.
Task 4: Architectural Design
A. Provide a demising wall between the existing mezzanine and the adjacent cogeneration engines.
B. Assume the wall will be 1-hour rated assembly.
i. The wall shall be tied to the existing non-rated exterior wall and roof structure.
ii. Wall shall be Type X gypsum board over metal studs.
Task 5: Structural Design
A. Provide structural services for the electrical area.
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B. Prepare structural calculations and construction drawings for the project in conformance with the governing building code.
C. Respond to plan check comments as necessary for the issuance of building permits.
Task 6: Bid Support
A. Provide power to new mechanical supply fan.
B. Relocated electrical disconnects to meet required clearances.
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EXHIBIT B-3
FEE SCHEDULE
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EXHIBIT C
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