ATTACHMENT #3
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Project Name: Interceptor Capital
Improvement Program Unit W (CI 5445)
FOURTH AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
PADRE ASSOCIATES, INC.
Contract No. 13560-2024
THIS FOURTH 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, and amended on January 28, 2025, July 1, 2025 and September 23, 2025 (herein “Contract”) is made this 4th day of November 2025.
RECITALS
A. Section 5 of Contract, currently, and as may have been previously amended, provides for a termination date of
December 31, 2025.
B. Section 3 (a) of Contract currently, and as may have been previously amended, provides for a not-to-exceed amount of $124,182.62.
C. City is in need of expanding the Scope of Work of Contract and Consultant desires to perform that work and receive additional compensation therefore.
D. 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. The Contract is extended to June 30, 2031, 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, 2031, unless the term of this Agreement is extended, or the Agreement is terminated as provided for herein.
Part 2. Section 2 of Contract is amended to include the additional scope of work generally encompassing additional regulatory permit monitoring and DPW 850-20\ev\Council\2025\110425\CI 5445\Unit W WW Interceptor Habitat Mitigation Planting Plan Att 3.docx
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reporting based on the Contractor’s activities and schedule associated with the Unit W Wastewater Interceptor Project. The detailed scope of work of this additional work is attached hereto and incorporated herein as Exhibit A-4.
Part 3. The sum of $95,240 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 $219,422.62 and shall be earned as the work progresses per the following basis: Hourly at the hourly rates and with reimbursement to Consultant for those expenses set forth in Consultant' s Schedule of Fees.
Part 4. Exhibit B is hereby replaced by a new Exhibit B-4, Schedule of Fees, attached hereto and incorporated herein.
Part 5. Levine Act. A new Exhibit C-4, attached hereto and incorporated herein, is added to the Contract in compliance with requirements of the Levine Act.
Part 6. All terms used in Part 1, 2, 3, 4 and 5 above shall have the meanings ascribed thereto in Contract. Except as amended in Part 1, 2, 3, 4 and 5 above, all other sections, terms, obligations, duties, clauses, and provisions of Contract shall remain the same.
IN WITNESS WHEREOF, the parties execute this FOURTH 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:
Nader Heydari, PE, Public Works Director
APPROVED AS TO FORM:
Office of the City Attorney
Tracy Friedl, Assistant City Attorney
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EXHIBIT A-4
SCOPE OF SERVICES
CONSULTANT shall provide continued California Department of Fish and Wildlife (CDFW) environmental permit monitoring and mitigation support services during construction associated with the Interceptor Capital Improvement Program Unit W Project during the habitat restoration phase.
CONSULTANT shall perform the following tasks:
Task 1 - Weekly Progress Meeting Attendance and Environmental Trainings.
1.1 CONSULTANT shall provide in person or remote attendance and participation in the each weekly meeting (estimated 8 total meetings) where project activities, scheduling, and related permit compliance issues will be discussed.
1.2 As required by the CDFW SAA, CONSULTANT will provide Environmental Sensitivity Training (EST) to all project personnel at the start of restoration activities and will be available to provide the EST on an as needed basis if/when new personnel become committed to the Project.
Task 2 – Daily Morning Site Inspections During Initial Restoration Activities.
In accordance with SAA Condition 2.3, CONSULTANT will provide an approved biological monitor to survey all work areas prior to the start of work each day and to be present during the initial restoration activities. CONSULTANT’s budget is based on a maximum of 64 workdays and an average of 3.5 hours per day (including travel to/from Ventura) for the daily pre-work site surveys.
CONSULTANT has included an additional 40 hours to allow for full-time monitoring during initial vegetation removal within the restoration areas.
Task 3 – As Needed Monitoring During Creek Crossing Installation and Removal.
A total of four (4) creek crossings will be required to allow access throughout the restoration area. City’s landscape contractor will be responsible for installation, maintenance, and eventual removal of the crossings. CONSULTANT shall be responsible to:
3.1 Install turtle and fish exclusionary netting prior to crossing installation and removal
3.2 Provide full-time monitoring during creek crossing installation and removal events.CONSULTANT’s budget for this task is based on a maximum of three (3) crossing installation/removal events, and we have budgeted 50 hours for each crossing install/removal event, including installation and removal of the exclusionary netting.
Task 4 – Annual Quantitative Monitoring of the Restoration Area and Reporting.
4.1 CONSULTANT shall complete up to five (5) annual quantitative monitoring events of the entire restoration area. Monitoring activities will include the establishment and conducting of:
a. photo-documentation stations to document overall progress through the five-year monitoring period
b. botanical surveys to document changes in species richness over time c. line intercept surveys to determine the precent cover of native and non- native botanical species..., and
4.2The results of the annual quantitative monitoring event will be summarized DPW 850-20\ev\Council\2025\110425\CI 5445\Unit W WW Interceptor Habitat Mitigation Planting Plan Att 3.docx
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within a single annual monitoring report which will be submitted to the City for review and acceptance before January 1, before final submission to the regulatory agencies by February 1 of the subsequent year for the duration of the five-year monitoring period.
CONSULTANT’s budget for this task is based on a total of five (5) annual quantitative monitoring events conducted over the period of two (2) days, conducted by two CONSULTANT biologists, for which CONSULTANT has budgeted 32 hours per year, and the preparation of five (5) annual monitoring reports at 30 hours per annual report, including responding to comments from the regulatory agencies about the contents of the annual report and/or potential site visits with regulatory personnel.
Additionally, while it is CONSULTANT’s understanding that routine maintenance (i.e., watering, weeding, replanting, etc.) will be observed by the City or their landscape contractor, CONSULTANT has included eight (8) hours annually to provide as requested assistance or guidance related to maintenance events DPW 850-20\ev\Council\2025\110425\CI 5445\Unit W WW Interceptor Habitat Mitigation Planting Plan Att 3.docx
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EXHIBIT B-4
FEE SCHEDULE
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EXHIBIT C-4
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