ATTACHMENT #2
DPW: 850-20\ev\Council\2026\070726\CI5600\Stormwater to Sewer Diversion and Reuse Project Att 2.docx
Project Name: Stormwater to Sewer
Diversion and Reuse Project at Ocho Rios
Way (CI 5600)
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
PACIFIC ADVANCED CIVIL ENGINEERING, INC.
THIS AGREEMENT is made and entered into this 7th day of July, 2026, by and between CITY OF THOUSAND OAKS, a municipal corporation ("City"), and PACIFIC ADVANCED CIVIL ENGINEERING (PACE) ("Consultant").
City and Consultant agree as follows:
1. RETENTION OF CONSULTANT
City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the services described in Section 2. Consultant warrants it has the qualifications, experience, and facilities to properly and timely perform said services.
2. DESCRIPTION OF SERVICES
The services to be performed by Consultant are as follows:
Professional services in conjunction with engineering design services for the Stormwater to Sewer Diversion and Reuse Project at Ocho Rios Way. Services and deliverables shall generally include evaluation of existing conditions, public outreach, design and preparation of the construction contract documents and construction bid phase support, and are more particularly set forth in the Scope of Work, attached as Exhibit “A,” which is incorporated herein by reference.
3. COMPENSATION AND PAYMENT
(a)Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $206,462 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:
Hourly, at the hourly rates and with reimbursement to Consultant for those expenses set forth in Consultant's Schedule of Fees, attached as Exhibit "B" and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon Consultant until December 31, 2026, after which any change in the rates and expenses must be approved in writing by City's Project Manager (City is DPW: 850-20\ev\Council\2026\070726\CI5600\Stormwater to Sewer Diversion and Reuse Project Att 2.docx
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to be given 60 days’ notice of any rate increase request), provided the not to exceed amount is the total compensation due Consultant for all work described under this Agreement.
(b)Payment. Consultant shall provide City with written verification of the actual compensation earned, in a form satisfactory to City's Project Manager.
Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including, if applicable, a list of hours worked by personnel classification). All payments shall be made within 30 days after City’s approval of the invoice.
(c)Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Section 2 may be agreed upon only by execution of a written Amendment to this Agreement. No liability or right to compensation for extra services shall exist without such Amendment. Unless otherwise stated in the Amendment, applicable rates for extra services shall be at the rates set forth in Exhibit “B.”
(d)Prevailing Wage. Consultant may be obligated to pay prevailing wages under the California Labor Code. Consultant agrees to indemnify, defend and hold City harmless from any claim that prevailing wages should have been paid, and shall be liable for the payment of the same and any penalties thereon. It is the responsibility of Consultant to be familiar with the California Labor Code as it relates to this contract, and failure or neglect of Consultant to understand the California Labor Code shall in no way relieve Consultant from any obligations. (e)Department of Industrial Relations Requirements. Consultant’s work under this contract may be subject to the payment of not less than prevailing wages under California Labor Code Sections 1720 and 1770 et Seq and subject to compliance monitoring and enforcement by the Department of Industrial Relations. No consultant or subconsultant may be awarded a contract for public work unless registered with the Department of Industrial Relations, pursuant to California Labor Code Section 1725.5. Consultant’s DIR registration number is 1000017902.
(f) Apprenticeship. Labor Code section 1777. 5 requires the use of qualified apprentices by all trades, regardless of the dollar amount of their portion of the work, on public works contracts over $30,000. Apprentices shall be used at no less than the ratio required by law, and shall be paid at the prevailing wage for apprentices in the trade for which they are registered. It is Consultant’ s sole responsibility to ensure that they and their subcontractors comply with the specific requirements of section 1777. 5.
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4. CITY PROJECT MANAGER
The services to be performed by Consultant shall be accomplished under the general direction of, and coordinate with, City's "Project Manager", as that staff person is designated by City from time to time, and who presently is Ayda Forouzan.
5. TERM, PROGRESS AND COMPLETION
The term of this Agreement is from the date first written above to June 30, 2027, unless term of this Agreement is extended or the Agreement is terminated as provided for herein.
City Manager or his or her designee shall have the authority to extend the term of this Agreement in writing no more than 2 separate times, for a period of one year each. Extensions of time shall be memorialized by execution of a written amendment to the contract.
Consultant shall not commence work on the services to be performed under the Agreement until (i) Consultant furnishes proof of insurance as required by paragraph 9 below, and (ii) City’s Project Manager gives written authorization to proceed with the work. All services shall be completed within the term of this Agreement.
6. OWNERSHIP AND DELIVERY OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than Consultant's drafts, notes and internal memorandum), including duplication of same prepared by Consultant in the performance of these services, are the property of City. City shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when requested by City. Consultant will provide native editable files of all marketing materials. The files are freely shareable with others. City agrees to hold Consultant harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans, specifications, graphics, brochures, reports, and other documentation for purposes other than those described in this Agreement, unless written authorization of Consultant is first obtained.
If Consultant produces as a part of these services any web content, as that term is defined in section 35.104 of Title 28 of the Code of Federal Regulations, as may be amended, Consultant shall ensure that any such web content is in full compliance with all applicable requirements of the most current version of the Web Content Accessibility Guidelines, the Americans with Disabilities Act, Code of Federal Regulations and California law. Consultant shall defend, indemnify, and DPW: 850-20\ev\Council\2026\070726\CI5600\Stormwater to Sewer Diversion and Reuse Project Att 2.docx
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hold harmless City, its officials, officers, employees, and agents from and against any and all claims, liabilities, damages, or expenses arising out of Consultant’s failure to comply with such requirements.
7. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTS
This Agreement is for professional services, which are personal to City.
Duong Do is deemed to be especially experienced and is a key member of Consultant's firm, and shall be directly involved in performing, supervising or assisting in the performance of this work. This key person shall communicate with, and periodically report to, City on the progress of the work. Should said individual be removed from assisting in this contracted work for any reason, City may terminate this Agreement.
This Agreement is not assignable by Consultant without City's prior written consent.
The following portions of the work described in this Agreement may be subcontracted out to other parties by Consultant: Surveying (CL-Surveying), Utility Potholing (BESS), and Geotechnical Investigation (Ninyo & Moore).
8. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for Consultant's Damages. Consultant holds City, its elected officials, officers, agents, employees and volunteers, harmless from all of Consultant's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Consultant, to Consultant's employees, to Consultant’s contractors or subcontractors, or to the owners of Consultant's firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or performance of any activity or work required under this Agreement. (b) Defense and Indemnity of Third Party Claims/Liability. To the maximum extent allowed by law, Consultant shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, agents, employees and volunteers from and against all liability including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Consultant, or should City otherwise find Consultant’s legal counsel unacceptable, then Consultant shall reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay City any final judgment DPW: 850-20\ev\Council\2026\070726\CI5600\Stormwater to Sewer Diversion and Reuse Project Att 2.docx
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rendered against City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of Consultant’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
Consultant’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City.
(c) Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 9.
9. MINIMUM SCOPE AND LIMIT OF INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, and any extension thereof, policies of insurance of the type and amounts described below and in a form that is satisfactory to City.
Coverage shall be at least as broad as:
(a).Commercial General Liability (CGL): Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry General Liability insurance coverage at least as broad as Insurance Services form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate for bodily injury, personal and advertising injury and property damage, including without limitation, blanket contractual liability.
(b).Automobile Liability: Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry Automobile Liability insurance coverage at least as broad as DPW: 850-20\ev\Council\2026\070726\CI5600\Stormwater to Sewer Diversion and Reuse Project Att 2.docx
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Insurance Services form CA 00 01 or the exact equivalent covering bodily injury and property damage for all activities of Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage of any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c).Worker’s Compensation: Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry workers’ compensation statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for bodily injury or disease. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected officials, officers, agents, employees and volunteers for all work performed by Consultant, its employees, agents and subcontractors.
(d).Professional Errors and Omissions Insurance: Consultant shall, at Consultant’s sole cost and expense throughout the term of this Agreement, and any extensions thereof, carry professional errors and omissions coverage of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate, with tail coverage for an extended reporting period of three (3) years.
If Consultant maintains higher limits than the minimum shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
City, its elected officials, officers, agents, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 10 01 and CG 20 37 10 01 if a later edition is used). The provision shall also apply to any excess liability policies. In addition, Consultant shall ensure that the automobile liability policy contains a provision covering City as an additional insured, and shall obtain an endorsement to that effect if it does not.
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Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Umbrella or excess policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be “pay on behalf” with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion of claims or suits by one insured against the other. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and no-contributory basis for the benefit of City as required in written contract or agreement before City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
City’s Rights of Enforcement
In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancelled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant’s payments. In the alternative, City may cancel this Agreement.
City’s Right to Revise Specifications
City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation.
Primary and Non-Contributory Coverage
For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City, its elected officials, officers, agents, employees and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees or volunteers shall be excess of Consultant's insurance and shall not contribute with it and shall be at least as broad as CG 20 01 04 13.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to City.
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Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. City may require Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with a current A.M. Best’s rating of no less than A:VII, (unless otherwise acceptable to City).
Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected officials, officers, agents, employees or volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications - to waive their right of recovery prior to a loss. Consultant hereby waives his own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to City prior to commencement of work.
Claims Made Policies
If any of the required policies provided coverage on a claims-made basis:
(a). The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of contract work.
(b). Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work required under this Agreement.
(c). If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.
Verification of Coverage
Consultant shall provide City with copies of certificates (on City certificate form or an Accord form as modified per City direction) for all policies, with the appropriate named additional insured coverage and an endorsement that they are not subject DPW: 850-20\ev\Council\2026\070726\CI5600\Stormwater to Sewer Diversion and Reuse Project Att 2.docx
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to cancellation without 30 days prior written notice to City. All certificates and endorsements are to be received and approved by City before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors/Subconsultants
Consultant shall require and verify that all subcontractors/subconsultants provide and maintain, at their own expense, insurance that meets all industry standard requirements and applicable regulations. Consultant shall ensure that City is an additional insured on insurance required from subcontractors/subconsultants.
Each insurance policy required to be maintained by subcontractors/subconsultants and their respective subcontractors/subconsultants shall be in form and content satisfactory to Consultant.
10. RELATION OF THE PARTIES
a.Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b.No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. CORRECTIONS
In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work that may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be charged to Consultant or withheld from any funds due to Consultant hereunder.
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12. TERMINATION BY CITY
City Manager or his or her designee may terminate without cause any or all of the services agreed to be performed under this Agreement upon 30 calendar days’ written notice. If termination is for cause, no advance notice need be given.
In the event of termination, Consultant shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by City to Consultant within 30 days following submission of a final statement by Consultant unless termination is for cause. In such event, Consultant shall be compensated only to the extent required by law.
13. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished, or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors, agents and consultants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents and consultants.
14. AUDIT OF RECORDS
Consultant shall maintain, in accordance with generally accepted accounting principles, complete and accurate records of all activities and operations relating to this Agreement. Records, including but not limited to, timecards, employment records, work progress reports, reimbursements, invoices, project records, proprietary data and information, as well as licensed software and any electronic records shall be kept for a period of four years beyond the termination of this Agreement. Consultant agrees that City, or its authorized representative, shall have the right to examine, audit, excerpt, copy or transcribe any of the records pertaining to this Agreement at any time during normal business hours. Consultant shall reimburse City for all reasonable costs of the audit, including travel time and auditor costs, should such audit reveal an overcharge of five (5) percent or more. Any overcharge will be considered a breach of this Agreement and could be cause for termination. The obligations of this section shall be explicitly included in any subcontracts or other agreements entered into by Consultant with respect to this Agreement.
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15. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
16. CONFLICT OF INTEREST
Consultant is unaware of any City employee or official that has a financial interest in Consultant's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in Consultant's business by any City employee or official.
17. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this Agreement shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.
18. MITIGATION OF DAMAGES
In all situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
19. GOVERNING LAW
This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California.
Should litigation occur, venue shall be in Superior Court of Ventura County.
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20. TAXPAYER IDENTIFICATION NUMBER
Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as most recently issued by the Internal Revenue Service.
21. NON-APPROPRIATION OF FUNDS
Payments due and payable to Consultant for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds for payment of Consultant’s services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.
22. MODIFICATION/AMENDMENT OF AGREEMENT
Any amendment, modification, or variation of the terms or tasks of this Agreement shall be in writing and shall be effective only upon the mutual written approval of the City and Consultant.
23. USE OF THE TERM “CITY”
Reference to “City” in this Agreement includes the City Manager or any authorized representative acting on behalf of City.
24. PERMITS AND LICENSES
Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
25. CAPTIONS
The captions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement.
26. AUTHORIZATION
Each party has expressly authorized the execution of this Agreement on its behalf and binds said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this Agreement.
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27. ENTIRE AGREEMENT BETWEEN PARTIES
Except for Consultant's proposals and submitted representations for obtaining this Agreement, this Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services and contains all of the covenants and agreements between the parties with respect to said services.
28. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
29. FEDERAL REQUIREMENTS
Consultant acknowledges that federal funds are being used for this Project and that Consultant is required to comply with all material obligations required by federal or state law in reporting work completed with said funds, and certifies that Consultant and its subcontractors are eligible to participate in the Federally funded contract, pursuant to the “System for Award Management (SAM)” database, as maintained by the General Services Administration and required by 2 CFR, part 180.
Consultant shall also comply with all the requirements described in Exhibit C.
30. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY: Attention: Ayda Forouzan
Public Works Department
City of Thousand Oaks
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362
TO CONSULTANT:
Duong Do, Vice President
PACE Advanced Water Engineering
17520 Newhope Street, Suite 200
Fountain Valley, CA 92708
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31. SIGNATURES
(a)Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument
(b)Scanned Signatures. In the event that any signature is delivered by facsimile transmission or submitted electronically as a scanned image (i.e. files with .pdf, .tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or scanned signature page were an original thereof.
(c)Digital/Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act (UETA) and are produced using a City-approved method. The presence of an electronic signature on this document shall be construed as the parties’ consent to do business electronically.
32. LEVINE ACT COMPLIANCE (California Government Code § 84308):
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 requires 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 Levie Act Disclosure Form, attached as Exhibit D, incorporated herein by reference, and Consultant verifies by its signature that it has completed Exhibit D 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 an 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.
In concurrence and witness whereof, this Agreement has been executed by the parties effective on the date and year first above written.
PACIFIC ADVANCED CIVIL
ENGINEERING, INC.
Mark Krebs, President
Duong Do, Vice President
CITY OF THOUSAND OAKS
Mikey Taylor, 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
SCOPE OF SERVICES
Stormwater to Sewer Diversion and Reuse Project at Ocho Rios Way Consultant shall provide the following services:
Note: Although this project is a joint effort between the agencies mentioned below, it will be managed by the City. All project-related communications shall be directed through the City's Project Manager, who will serve as the primary point of contact for the project.
Task 1. Kick-Off Meeting
Consultant shall prepare an agenda and arrange/conduct a 2 hour virtual kickoff meeting to introduce the key staff members assigned to the project, including sub-consultants, present the design team’s approach, design concept, project schedule and milestones, and a list of all the documents that the City, County of Ventura (County), Las Virgenes Municipal Water District (LVMWD), and Triunfo Water & Sanitation District (TWSD) need to provide.
Deliverables: Meeting Minutes/Work plan (reflective of the kick-off meeting outcome), Project Schedule
Task 2. Preliminary Investigation
2.1) Background Document Review
Consultant shall review the existing documents, including the Upper Malibu Creek Pollutant TMDL Reduction Feasibility Study dated March 2024.
2.2) Site Investigation & Existing Conditions
2.2.1) Consultant shall conduct a thorough site inspection at the start of the project and throughout the design phase to become fully familiar with existing conditions and features (a total of 3 site investigations).
2.2.2) County’s Real Estate Services will contact utility companies and will request information about their facilities within the project limits and will provide the information to Consultant. Consultant shall review the existing and any proposed utilities and identify any potential conflicts with the proposed stormwater diversion structure.
Deliverables: Photo Survey/Field Notes
2.3) Site Survey (This task shall be done by a qualified California Licensed Professional Land Surveyor)
Consultant shall prepare a topographic and utility base map, including property lines, at a scale of 1"=20' with one-foot contour intervals for the project location.
Deliverables: Survey Base Map (AutoCAD Drawing File)
2.4) Survey Monument Preservation (This task shall be done by a qualified California Licensed Professional Land Surveyor)
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2.4.1) Monument Research with Field Survey Inspection (Design Phase) Consultant shall review all available survey data, perform field inspection, and identify all existing survey monuments and possible benchmarks within or adjacent to the project limits. The monument preservation information shall be integrated into the project design plans. The final report and maps, as listed under the deliverables below, must be signed and stamped by the Professional Land Surveyor in charge.
Deliverables:
Monument Inventory Map and Table identifying monument type, location, record reference, reference ties, field notes, and condition.
Final Report showing the locations of monuments to be preserved and those requiring replacement.
2.4.2) Monument Preservation (Pre-Construction Phase)
a. Consultant shall perform typical pre-construction monument preservation tasks for all monuments that will be disturbed by construction and need to be tied out (assumed a total of four (4) monuments), including preparation of supporting documentation and filing of a Corner Record with the County Surveyor’s Office after County’s approval.
b. Each monument shall be referenced with a minimum of three (3) ties set outside the construction limits.
2.4.3) Monument Preservation (Post-Construction Phase)
Consultant shall perform typical post-construction monument preservation tasks for all monuments that were disturbed during construction (assumed a total of four (4) monuments). Each affected monument shall be re-established in its original position. Tasks include monument resetting, field verification, and filing of a Corner Record with the County Surveyor’s Office after County’s approval.
Acceptable survey methods include Total Station Survey System (TSSS) and Global Navigation Satellite System (GNSS). The procedures, equipment, and specifications shall conform to the Caltrans Surveys Manual: Chapter 7 for Total Station Survey System (TSSS), Chapter 6 for GNSS Survey Specifications, Chapter 5 for Positional Network Accuracy and/or GNSS Surveying Standards and Specifications, 1.1, published by the California Land Surveyors Association (CLSA) and the California Spatial Reference Center (CSRC).
Task 3. Project Scoping Workshop
3.1) Technical Memo
Consultant shall prepare a technical memo that summarizes the findings from Tasks 1 and 2 above and provide design recommendations that align with the findings. The memo shall include:
a. the general scope of the project
b. applicability of local and state regulations
c. potential construction challenges
d. conflicting utilities for two (2) design recommendations The technical memo shall also provide an evaluation of each alternate (pros/cons), estimated schedule, and preliminary estimated construction costs.
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3.2) Workshop
Consultant shall plan and conduct an in-person Workshop to present and discuss the Technical Memo and receive comments and input.
Deliverable: Technical design memo - Workshop Material/Agenda/Minutes – Revised Technical Memo (based on workshop discussions)
3.3) Public Outreach/ Community Meetings
3.3.1) Consultant shall coordinate with County to develop a stakeholders list, and shall assist with organizing and leading up to four (4) public workshops for stakeholders (2 virtual and 2 in-person (2hours each))
3.3.2) Consultant shall seek early buy-in from both the public and decision makers and provide follow-up correspondence to document expectations regarding design choices.
Task 4. Project Plans, Specs, and Estimated Costs of Construction (PS&E)
4.1) 30% Design
4.1.1) Consultant shall prepare and submit 30% PS&E, incorporating all the comments on the prior tasks. The specifications package shall include the City’s standard front-end contractual language and other technical sections as required. All the electrical components shall be designed by a licensed Electrical Engineer.
4.1.2) Following the City/County/LVMWD/TWSD review of the 30% design package, Consultant shall host a virtual meeting (1.5hr) to discuss the comments on the 30% package and identify tasks or concerns needing further action.
4.1.3) Consultant shall incorporate the following items into the design:
O&M Manual, including estimated service life, annual O&M costs, and maintenance schedule for all facilities
Integration of telemetry into the County’s existing SCADA system Deliverable: 30% Plans, Specifications, and Cost Estimate, Meeting Agendas & Minutes.
4.2) Identify and Locate Existing Utilities
Consultant shall deploy utility location services, including ground penetrating radar (GPR) and potholing (assumed one (1) pothole) on potential utility conflicts and shall advise City/County staff on mitigating utility crossings or conflicts and incorporate the approved solution into the 90% Design Plans.
Deliverable: Utility report memo, Traffic Control (for utility potholing if needed), and County Encroachment Permits
4.3) Conduct Geotechnical Boring/Investigation
Consultant shall review the existing soil report and assess its adequacy for the purposes of this project. If the report is found to be insufficient, Consultant shall recommend whether a soil or geotechnical investigation is necessary and shall proceed to conduct DPW: 850-20\ev\Council\2026\070726\CI5600\Stormwater to Sewer Diversion and Reuse Project Att 2.docx
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the investigation if required (assumed two (2) borings, to a maximum depth of 25 ft and 45 ft respectively below ground surface.
Deliverable: Geotechnical Investigation Memo/Report
4.4) 60% Design
4.4.1) Consultant shall prepare and submit 60% PS&E, incorporating all comments from all prior tasks, including the 30% design review. Consultant shall also provide the 1st draft of the O&M Manual, as well as a response log to 30% review comments.
4.4.2) Following the City/County/LVMWD/TWSD review of the 60% design package, Consultant shall host a virtual meeting (1.5hr) to discuss the comments on the 60% design package and identify tasks or concerns needing further action.
Deliverable: Response log to 30% review comments, 60% Plans, Specifications, and Cost Estimate, O&M Manual 1st Draft, and Meeting Agendas & Minutes.
4.5) 90% Design and Constructability Review
4.5.1) Consultant shall prepare and submit 90% PS&E, incorporating all comments from all prior tasks, including the 60% design review. Consultant shall also provide the 2nd draft of the O&M Manual, as well as a response log to 60% review comments.
4.5.2) Following the City/County/LVMWD/TWSD review of the 90% design package, Consultant shall host a virtual meeting (1.5hr) to discuss the comments on the 90% design package and the constructability of the project and identify tasks or concerns needing further action.
Deliverable: Response log to 60% review comments, 90% Plans, Specifications, and Cost Estimate, O&M Manual 2nd Draft, and Meeting Agendas & Minutes.
4.6) 100% Design
4.6.1) Consultant shall prepare and submit 100% Plans, Specifications, and Cost Estimate (PS&E), incorporating all comments from all prior tasks, including the 90% design review. Consultant shall also provide the Final O&M Manual, as well as a response log to 90% review comments.
4.6.2) City/County/LVMWD/TWSD will review the 100% design package and will make any final comments that have not been captured during the previous phases of the design for Consultant to incorporate into the final design package.
Deliverable: Response log to 90% review comments, 100% Plans, Specifications, Cost Estimate, and Final O&M Manual
4.7) Final Design
Consultant shall prepare and submit the Final Package of the PS&E, incorporating all comments from all prior tasks.
Deliverable: Response log to 90% review comments, Final Plans, Specifications, Cost Estimate, and Final O&M Manual
Task 5. Project Status and Coordination Meetings
Consultant shall prepare, conduct, and provide agenda and minutes for up to eight (8) virtual project status/coordination meetings (1hr each), in addition to the 30%, 60%, and 90% design meetings. The meetings shall provide a comprehensive summary of the project’s progress, issues, budget, and timelines on deliverables.
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Deliverable: Meeting Agendas and Minutes
Task 6. City Council Presentation
Consultant and its subconsultants shall prepare a PowerPoint presentation and attend a City Council meeting to make a presentation (in person) upon request by the City Project Manager. (up to three (3) hours)
Deliverables: PowerPoint Presentation
Task 7. Bid Support Services
Consultant shall provide support as required during the bid phase for any questions/clarifications from the prospective bidders, including:
7.1) Attend pre-bid meeting with prospective contractors.
7.2) Respond to up to 4 Requests for Information/Clarification (RFIs/RFCs).
7.3) Assist in the preparation of addendums as necessary (up to 3) Deliverables: Technical Bulletins, Addendums, and Responses to Questions Task 8. Additional/Optional Services
As directed by the City, Consultant shall pursue additional investigations related to the utility potholing activities under the scope of work, as authorized by the City Project Manager in writing.
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EXHIBIT B
FEE SCHEDULE
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EXHIBIT C
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EXHIBIT D
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