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Home My WebLink AboutAGENDA REPORT 2025 0115 CC REG ITEM 10FCITY OF MOORPARK, CALIFORNIA City Council Meeting of January 15, 2025 ACTION APPROVED STAFF RECOMMENDATION. (VOICE VOTE: 4-0, MAYOR ENEGREN ABSENT) BY A. Hurtado. F. Consider Amendment No. 1 to Professional Services Agreement Between the City of Moorpark and Stantec Consulting Services, Inc. for Professional Civil Engineering Design Services for the High Street Improvement Project (CIP No. C0009). Staff Recommendation: 1) Approve Amendment No. 1 to Professional Services Agreement between the City of Moorpark and Stantec Consulting Services, Inc., for Professional Engineering Design Services for the High Street Improvement Project (CIP No. C0009), in the amount of $61,278.00; and 2) Authorize the City Manager to execute Amendment No. 1, subject final language approval by the City Manager. (Staff: Daniel Kim, Public Works Director) Item: 10.F. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Daniel Kim, City Engineer/Public Works Director DATE: 01/15/2025 Regular Meeting SUBJECT: Consider Amendment No. 1 to Professional Services Agreement Between the City of Moorpark and Stantec Consulting Services, Inc. for Professional Civil Engineering Design Services for the High Street Improvement Project (CIP No. C0009) BACKGROUND AND DISCUSSION On May 3, 2023, the City Council awarded a Professional Services Agreement to Stantec Consulting Service, Inc. to provide professional engineering and design services for the High Street Improvement Project, CIP C0009. The Agreement was executed by the City Manager on May 23, 2023, for a total contract not-to-exceed amount of $116,844 and with the following scope of work: • Utility Research, Data Gathering, and Investigation • Topographic and Boundary Survey and Mapping • Preliminary Design (35%) and Environmental Clearance • Preparation and Development of Civil and Traffic Plans, Specifications, and Construction Cost Estimate (PS&E) – 65% and 95% Submittals • Construction Drawings and Final Specifications (100%) During preparation and design development of the Plans and Specifications, the project design team evaluated additional improvements to High Street that could be constructed at the same time and would provide a public benefit to the community. This process resulted in additional plan development and coordination between the specialty sub-consultants. At the City’s request, Stantec Consulting submitted two additional design service letters for consideration and will serve as the basis for Amendment No. 1. Item: 10.F. 333 Honorable City Council 01/15/2025 Regular Meeting Page 2 Change Order Letter No. 1, dated June 3, 2024, includes the following additional scope of work: •Re-evaluate and optimize the intersection improvements at Walnut Street and Bard Street. •Evaluate on-street parking impacts and perform traffic engineering analysis of pedestrian crossings with curb bulb-outs. •Update improvement plans to reflect modifications and changes to the intersection improvements. •Prepare plans and specifications for new scope of work for electrical improvements. •Continued Project Management services due to scope of work augmentation. Change Order Letter No. 2, dated December 19, 2024, includes the following additional scope of work: •Project re-design due to plan review comments from Ventura County Waterworks and Southern California Edison. •Continued Project Management services due to scope of work augmentation. The proposed fees for the change orders are $34,948.00 and $26,330.00, respectively. Attached for the City Council’s consideration is Amendment No. 1 to the Agreement with Stantec Consulting to continue providing professional engineering design services for the High Street Improvement Project. The augmented scope of services is critical to the successful design and completion of the Construction Documents for the project. ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no further environmental review is required. FISCAL IMPACT The Operating and Capital Improvement Budget for Fiscal Year 2024/2025 appropriated funds for High Street Improvements, CIP Project No. C0009, as follows: Account Number and Name Budget Amount 3005-311-C0009-55200 – Infrastructures $1,360,000.00 3005-311-C0009-55300 – Capital Professional Services $23,156.00 Total Construction Phase Cost Estimate $1,383,156.00 334 Honorable City Council 01/15/2025 Regular Meeting Page 3 There are no new appropriations and therefore, no fiscal impacts. However, Amendment No. 1 will add $61,278.00 to the current Agreement with Stantec Consulting Services for a total not-to-exceed amount of $178,122.00. Should the City Council approve Amendment No. 1, a Budget Line-Item Adjustment will be processed by the Finance Department to fund the additional services. COUNCIL GOAL COMPLIANCE This action is consistent with City Council Strategic Goal 2, Objective 2.7: High Street Improvement Project. STAFF RECOMMENDATION 1.Approve Amendment No. 1 to Professional Services Agreement between the City of Moorpark and Stantec Consulting Services, Inc., for Professional Engineering Design Services for the High Street Improvement Project (CIP No. C0009), in the amount of $61,278.00; and 2.Authorize the City Manager to execute Amendment No. 1, subject final language approval by the City Manager. Attachment: Amendment No. 1 to Professional Services Agreement between the City of Moorpark and Stantec Consulting Services, Inc., for Professional Engineering Design Services for the High Street Improvement Project (CIP No. C0009) 335 Rev. 12/15/2023 AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MOORPARK AND STANTEC CONSULTING SERVICES, INC. FOR PROFESSIONAL CIVIL ENGINEERING DESIGN SERVICES FOR THE HIGH STREET IMPROVEMENT PROJECT (C0009) This Amendment No. 1 to the Agreement between the City of Moorpark, a municipal corporation (“City”), and Stantec Consulting Services, Inc., a corporation (“Consultant”), for professional civil engineering and design services (“Agreement”), is made and entered into on ______________________. RECITALS WHEREAS, on May 23, 2023 the City and Contractor entered into an Agreement to have the Contractor provide professional civil engineering and design services; and WHEREAS, the City and Contractor now desire to amend the Agreement for additional scope of services; and WHEREAS, the City and Contractor now desire to amend the Agreement to increase the compensation for services to be performed by Contractor from One Hundred Sixteen Thousand, Eight Hundred Forty-Four dollars ($116,844.00) by a value of Sixty- One Thousand, Two Hundred Seventy-Eight dollars ($61,278.00) for a total contract value of One Hundred Seventy-Eight Thousand, One Hundred Twenty-Two dollars ($178,122.00), and document said agreement to amend by jointly approving Amendment No. 1 to the Agreement. NOW, THEREFORE, it is mutually agreed by and between the parties to the Agreement as follows: I.Section 1, TERM, is amended by replacing this section in its entirety as follows: The term of this Agreement shall be from the date of execution to the completion of the scope of work stated in Exhibits D, E, and F, unless this Agreement is terminated or suspended pursuant to this Agreement. II.Section 2, SCOPE OF SERVICES, is amended by replacing this section in its entirety as follows: City does hereby retain Consultant, as an independent contractor, in a contractual capacity to provide professional engineering design services, as set forth in Exhibits D, E, and F. In the event there is a conflict between the provisions of Exhibits D, E, F, and this Agreement, the language contained in this Agreement shall take precedence. Consultant shall perform the tasks described and set forth in Exhibits D, E, and F. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibits D, E, and F. ATTACHMENT 336 Rev. 12/15/2023Amendment No. 1 to Agreement between City of Moorpark and Stantec Consulting Services, Inc. Page 2 Compensation for the services to be performed by Consultant shall be in accordance with Exhibits D, E, and F. Compensation shall not exceed the rates or total contract value of One Hundred Seventy-Eight Thousand, One Hundred Twenty-Two dollars ($178,122.00) as stated in Exhibits D, E, and F; without a written Amendment to the Agreement executed by both parties. Payment by City to Consultant shall be in accordance with the provisions of this Agreement. III.Remaining Provisions: Except as revised by this Amendment No.1, all of the provisions of the Agreement shall remain in full force and effect. In Witness Whereof, the parties hereto have caused this Amendment to be executed the day and year first above written. CITY OF MOORPARK STANTEC CONSULTING SERVICES, INC. _______________________________ _______________________________ Troy Brown City Manager Derek Rapp, T.E. Senior Principal Attest: _______________________________ Ky Spangler City Clerk 337 Stantec Consulting Services Inc 200 East Carrillo Street, Suite 101t Santa Barbara, CA 93101 June 3, 2024 File: 2042666300 Attention: Daniel Kim, P.E. 799 Moorpark Ave. Moorpark, CA 93021 Dear Dan, Reference: City of Moorpark | Change Order 1 for the High Street Improvement Project Project Understanding During design, several scope changes have occurred requiring additional services, including: ·Expansion of work to include curb extensions on the north side of high street ·Modifications of original curb extension design to accommodate parking needs ·Conversion of street lighting system from LS-1 to LS-2 and request for outdoor receptacles Scope of Work The following scope of work is proposed: 1. Meet with Project Development Team (PDT) to review project details and potential design refinements concerning additional on-street parking, utility coordination, hardscape/landscape limits and paths of pedestrian travel. 2. Prepare PDF markup exhibits to inform scoping discussions. 3. Make civil and landscape updates to demolition, grading and plan and profile drawings resulting from the changes agreed upon by the PDT. 4. Electrical Design associated with street lighting, outdoor electrical outlets, irrigation and rectangular reflective flashing beacon controllers. Proposed Fee Civil - $19,398 (includes future broadband conduits) Electrical – $10,000 (includes 18 outlets) Landscape - $5,550 Total - $34,948 Exhibit E 338 June 3, 2024 Daniel Kim, P.E. Page 2 of 2 Reference: City of Moorpark | Change Order 1 for the High Street Improvement Project Ped Regards, Stantec Consulting Services Inc. Derek Rapp. TE Principal Phone: (805) 770-0205 Derek.Rapp@Stantec.com Geremy Salts PE Principal Phone: (805) 680-0446 Geremy.Salts@Stantec.com 339 G r a y E l e c t r i c a l C o n s u l t i n g + E n g i n e e r i n g , C O R P 2529 Professional Parkway, Suite A -- P.O. Box 368 -- Santa Maria, CA 93456 Tel: (805) 361 - 0525 E-mail: info@GECECORP.com 1 | P a g e May 22, 2024 Transmitted via e-mail: derek.rapp@stantec.com Stantec Consulting Services Inc. 200 East Carrillo Street, Suite 101 Santa Barbara, CA 93101 Attention: Derek Rapp RE: Professional Electrical Engineering Services Agreement for High Street - Moorpark (the “Project”), Rev 1. Dear Derek: Contained herein are the details outlining Gray Electrical Consulting + Engineering, CORP (“GECE”) professional electrical engineering services for Stantec Consulting Services Inc. (“Client”), as discussed per our E-mail correspondence, with attachments, dated April 2, 2024. If you agree to the provisions set forth below, including EXHIBIT A, GECE GENERAL TERMS AND CONDITIONS, please have an authorized representative indicate agreement by signing and dating where indicated, and return a copy to us. Section 1 Project Description Electrical Design Electrical engineering services for the following electrical improvements as per the High Street Streetscape Improvements in Moorepark, CA. Electrical system drawings will be prepared as a single set of construction documents, as per the following scope: • Electrical reconfiguration of thirteen (13) existing LS-2 (un-metered) decorative streetlights • Specification of three (3) new LS-2 streetlights that match existing lighting. • Specification of electric connection to a new irrigation controller(s) for landscaping within the right of way. • Specification of new exterior outlets at each streetlight pole, (16 total). • Specification of new electric connection to a LED Rectangular Rapid Flashing Beacons at the intersections of High Street with Walnut and Bard Streets Project Timelines Our engineering services proposal has been prepared as per the following assumed timelines: - Electrical Design and Permitting: 4 months from the date of proposal execution. - Utility Company Coordination: 4 months from the date of proposal execution. 340 G r a y E l e c t r i c a l C o n s u l t i n g + E n g i n e e r i n g , C O R P 2529 Professional Parkway, Suite A -- P.O. Box 368 -- Santa Maria, CA 93456 Tel: (805) 361 - 0525 E-mail: info@GECECORP.com 2 | P a g e - Bidding Assistance: Two (2) weeks from the date of bid release. - Construction Contract Administration: 6 months from the first day of construction. Deliverables Our engineering services proposal has been prepared as per the following deliverables for the site electrical design scope: - 60% Construction Documents - 95% Construction Documents, Issued for Initial Plan check. - 100% Construction Documents, Issued for Permit. - 100% Construction Documents, Issued for Bidding and Construction. Items Specifically Excluded - Design changes such as cost optimization or project phasing after electrical plans have been substantially developed. Section 2 Project Costs Electrical engineering services are being offered as per the fee schedule herein. All referenced fees are fixed, unless otherwise indicated. Budgetary fees are being offered on a time and expense, not to exceed basis. Time and expense rates are as outlined in Exhibit A. Our engineering fees have been determined as per the project's scope, timelines, and deliverables as outlined herein. It is essential to emphasize that while our budget has been meticulously prepared, it is subject to extension in the event of unforeseen circumstances, such as extended timelines, project phasing, or added complexities, which were not previously assumed. 341 G r a y E l e c t r i c a l C o n s u l t i n g + E n g i n e e r i n g , C O R P 2529 Professional Parkway, Suite A -- P.O. Box 368 -- Santa Maria, CA 93456 Tel: (805) 361 - 0525 E-mail: info@GECECORP.com 3 | P a g e 2.1.1 Fee Schedule Contract Fee Schedule Design Phase Services Total Type Construction Documents $ 4,300 Fixed Utility Company Coordination $ 2,000 Fixed $ 6,300 Construction Phase Services Total Type Construction Contract Administration $ 1,200 Budget Total $ 1,200 Additional Services Total Type Reimbursables $ 500 Budget Meetings $ 2,000 Fixed Total $ 2,500 Total Professional Fee $ 10,000 Section 3 Scope of Design Phase Services 3.1.1 Electrical Site Plan. GECE will provide electrical engineering design services to specify onsite electrical systems including: a. Preparation of public street lighting design. Engineering services will include review of and adherence with agency standards, luminaire placement, branch circuit connection(s) and electric load calculations, photometric analysis, luminaire specification, and lighting control specification. b. Line voltage feeders and branch circuits from point of service to load. Specification shall include voltage drop calculations, short circuit analysis, raceway and conductor specification, and specification of overcurrent/disconnecting means. c. Preparation of Division 26 (Electrical) specifications, including interim outline specification. 3.1.2 Exclusions. a. Specification of low voltage cabling and/or fiber. 342 G r a y E l e c t r i c a l C o n s u l t i n g + E n g i n e e r i n g , C O R P 2529 Professional Parkway, Suite A -- P.O. Box 368 -- Santa Maria, CA 93456 Tel: (805) 361 - 0525 E-mail: info@GECECORP.com 4 | P a g e b. Actual field measurements of existing site lighting conditions. If required, this service can be provided under a separate contract. c. Custom luminaire product design. 3.2.1 Utility Company Coordination and Application Processing a. Obtain pertinent information to support application filing from the client and the design team. b. Preparation of a conceptual utility site plan exhibit identifying utility company requirements as coordinated and / or estimated for the project. This conceptual plan shall be utilized for informational purposes only until the utility companies issue a preliminary design. c. Review documents as prepared by the design team for conformance with utility standards, potential conflicts, and / or constraints. d. Complete all required utility application documents, including authorization forms and exhibits. e. Prepare applicable project exhibits to properly coordinate project requirements with utility providers. The client shall be responsible to provide civil plans, topographic plans, wire line surveys, etc. as needed to support Utility Company coordination in a timely manner to avoid delay. o Provide AutoCAD site plan files, provided by others, into utility company required layer formats as may be required. f. Maintain regular contact with utility providers as needed to support the project application process. 3.3.1 Schedules, Budgets, and Estimates or Opinions of Cost. GECE will prepare an engineering schedule, budget, and estimate or opinion for the probable cost of the electrical installation. The client understands and agrees that the engineering schedule, budget, and estimate or opinion of probable cost is not a guarantee, and is our opinion, intended to be a guide for the client. 3.4.1 Plan Review a. Two (2) plan reviews by the authority having jurisdiction as required to permit the electrical construction documents. Section 4 Scope of Design Phase Additional Services 4.1.1 Design Phase Project Meetings. Our proposal is inclusive of the following: a. One (1) project site visit to observe and document existing conditions. b. 5 virtual consultant coordination meetings. 343 G r a y E l e c t r i c a l C o n s u l t i n g + E n g i n e e r i n g , C O R P 2529 Professional Parkway, Suite A -- P.O. Box 368 -- Santa Maria, CA 93456 Tel: (805) 361 - 0525 E-mail: info@GECECORP.com 5 | P a g e Section 5 Scope of Construction Phase Services 5.1.1 Construction Contract Administration. GECE will assist the client and project owner in administrating the contract for construction. GECE will provide construction phase services as follows: a. Review and respond to electrical specific project material and equipment submittals. Section 6 General 6.1.1 Electrical plans will be prepared via AutoCAD 2019. Please provide base files in a consistent format. Deliverables will be electronic PDF files with digital signatures. Hardcopies and wet signatures will be provided upon request. However, processing and reproduction fees will apply and are not included in the fixed fee quoted above. 6.1.2 Manufacturer specifications will be required for all specialty equipment requiring line voltage connection(s). Information will be required during design development. 6.1.3 GECE does not employ licensed electricians and will not remove equipment covers to observe energized equipment. GECE observations are visual in nature and may not account for existing conditions or code violations concealed from view and/or discovered during construction. The building owner shall be responsible to procure the services of a licensed electrician should in-depth field investigation be required to complete design services or validate design assumptions made pursuant to engineering visual observation. 6.1.4 It is understood that delays by either the client, project consultants, and / or permitting agencies, are outside of GECE’s control and may cause delay of electrical system design deliverables. GECE shall provide prompt and advance notice of any design items that may be of a critical nature that if not addressed in a timely matter will cause delay of electrical design deliverables. The client shall be responsible to notify GECE of any significant delays which will impact the scope of GECE services as defined herein. It is understood that delays caused by others, and not by GECE, may result in additional engineering services to perform additional work and / or revise work already completed. 6.1.5 Should the project require either a delayed or escalated design or construction schedule, proper notification shall be made to GECE. GECE reserves the right to amend this contract should additional compensation be required to meet the revised schedule. 6.1.6 GECE will provide construction details with respect to electrical systems only. GECE shall not be responsible for structural design/calculations such as, although not limited to: concrete equipment pads, concrete luminaire bases, equipment attachment to structure, etc. 344 G r a y E l e c t r i c a l C o n s u l t i n g + E n g i n e e r i n g , C O R P 2529 Professional Parkway, Suite A -- P.O. Box 368 -- Santa Maria, CA 93456 Tel: (805) 361 - 0525 E-mail: info@GECECORP.com 6 | P a g e 6.1.7 GECE is not responsible for the specification of grading, painting of exposed electrical equipment/raceways, patching/repair of existing surfaces (asphalt, concrete, vegetation, etc.). 6.1.8 GECE is not responsible to locate existing underground infrastructure and may require the site to be USA’ed (Underground Service Alert) or detailed topographic information prior to the start of services. A signed and dated copy of this agreement is required prior to the start of work. Please also provide all pertinent base files, project schedules, budget information, conditions of approval etc. We look forward to working with you on this exciting project! Feel free to contact our office should you have any questions. Kind Regards, Heather A. Gray, P.E. President, Principal Electrical Engineer Gray Electrical Consulting + Engineering, CORP UNDERSTOOD AND AGREED by STANTEC CONSULTING SERVICES INC.: ______________________________________ Signature ______________________________________ Printed Name ______________________________________ Date The following documents are attached and incorporated by reference herein: Exhibit A – GECE General Terms and Conditions 345 G r a y E l e c t r i c a l C o n s u l t i n g + E n g i n e e r i n g , C O R P 2529 Professional Parkway, Suite A -- P.O. Box 368 -- Santa Maria, CA 93456 Tel: (805) 361 - 0525 E-mail: info@GECECORP.com 7 | P a g e EXHIBIT A General Terms and Conditions 1. Request for Proposal (“RFP”): Fixed fee, scope specific, engineering services proposals are valid for 90 days. 2. Additional Services. Additional services shall apply as noted below. GECE will not proceed with additional services until a written authorization providing for additional compensation and/or time for project completion, as may be relevant, is received from the client in writing. Additional services due to the fault of GECE shall not require authorization and will be done without added fees. a. Additional services, not within the scope of the project-specific proposal, are identified by GECE or the client after the fixed fee proposal has been executed. b. Additional services required to accommodate changes made after the 50% construction document project phase milestone. c. Additional services for Ammeter Recordings. d. Additional Construction phase services in the event GECE supports the project construction above and beyond the scope of services identified in the project-specific proposal. e. Drafting services for Electrical Contractor As-Builts. f. Additional services to expedite the electrical design pursuant to the agreed project design timeline. g. Additional services to delay the electrical design pursuant to the agreed project design timeline. 3. Omissions. GECE is not responsible for the acts or omissions of the project architect, project consultants, prime contractor, electrical contractor, subcontractors, material suppliers, or any other person performing work or providing materials, labor or supplies to the project. Should GECE become aware of any acts, omissions, or inconsistencies, prompt written notice will be provided. 4. Changes. The client, project architect or any other project team member shall not make changes to the construction documents issued by GECE without written permission from our office. 5. Current Code. GECE will prepare construction documents under the current codes and standards in effect at the time this agreement was prepared. The client acknowledges that additional services shall apply should preparation of construction documents be deferred to or submitted under an alternate code. 6. Compensation. The client agrees to pay GECE the fee for the scope of services identified as outlined in this proposal. GECE will provide monthly invoices with the percentage of fee due as it corresponds to the percentage of project completion and hours worked. Payment of the entire invoice is required within 30 days of the invoice date. On amounts not paid within 30 days of the invoice date, the client shall pay interest from the invoice date until payment is received at a rate of 5% per month (“Finance Charge”). 7. Time of Payment. Invoices shall be provided by GECE to the client not later than the tenth (10th) day of the month. If the client identifies any errors in said invoices, or disputes the amount claimed, the client shall notify GECE in writing of said errors or disputes within ten (10) days of GECE’s issuance of the invoice in question (“disputed invoice”). If no object ion to an invoice is timely made, it shall be presumed the invoice is correct and accurate for all purposes. If GECE agrees with the client’s evaluation of a disputed invoice, GECE shall issue a revised invoice. If GECE does not agree with the client’s evaluation of a disputed invoice, the parties shall proceed with the dispute resolution procedures set forth in this agreement. 8. Electrical Permit. GECE shall provide technical criteria, written descriptions, and design data for the client’s use in filing applications for permits from or approvals of governmental authorities having jurisdiction to review or approve the final design of the project and assist the client in consultations with appropriate authorities. 9. Schedules, Budgets, and Estimates or Opinions of Cost. When included in GECE’s scope of services, schedules or completion dates, budgets, or estimates of probable cost of construction are prepared based on GECE’s experience and qualifications and represent GECE’s judgment as a professional generally familiar with the industry. However, GECE has no 346 G r a y E l e c t r i c a l C o n s u l t i n g + E n g i n e e r i n g , C O R P 2529 Professional Parkway, Suite A -- P.O. Box 368 -- Santa Maria, CA 93456 Tel: (805) 361 - 0525 E-mail: info@GECECORP.com 8 | P a g e control over the cost of labor, materials, equipment, or services furnished by others, over the electrical contractor’s methods of determining prices, or over competitive bidding or market conditions. GECE cannot and does not warrant or represent that the actual schedules, budgets, or completion dates or actual costs will not vary from the schedules or completion dates, budgets, or estimates of cost prepared by GECE or proposed, established, or approved by the client. 10. Preparation of Typical Drawings. When included in GECE’s scope of services, the client acknowledges that GECE is being retained to develop typical drawings and specifications. GECE shall not be liable under any provision for the electrica l contractor’s misapplication of drawings and specifications produced by GECE, for materials installed not in compliance with GECE drawings and specifications, or for the negligent acts or omissions of the electrical contractor or subcontractors in th e construction of the electrical system depicted in said drawings. 11. Client Responsibility. The client shall provide GECE will all project criteria, full information as to the client’s requirements for the project and the project site; provide or arrange for legal access and make all provisions for GECE to enter any site where services are needed. Prompt, written notice shall be given to GECE whenever the client observes or becomes aware of any developments that may affect the scope or timing of GECE services. GECE shall be entitled to rely upon the information, services, and instructions provided by the client and or the representative of the client. 12. Indemnification. To the fullest extent as permitted by law, the client agrees to defend, indemnify and hold GECE, its officers, employees, agents, insurers, representatives and consultants, harmless from and against all damages, losses and judgments of any kind or character arising from claims asserted by third parties, including reasonable attorneys’ fees and expenses, to the extent same arises out of or is connected to the negligent act, error, or omission of the indemnifying party or any of the indemnifying party’s officers, directors, members, partners, agents, employees, representatives and consultants, in the services under this agreement. 13. Limitations of Liability. To the fullest extent permitted by law, the client agrees that the total liability, in aggregate, of GECE and GECE’s officers, directors, members, partners, agents, employees, and sub consultants to the client, it’s subsidiary and/or affiliated companies and their respective officers, directors, employees, agents and anyone claiming by, though, or under the client for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of, resulti ng from or in any way relating to GECE’s services, this agreement, from any cause or causes, shall be limited to the total amount of compensation received by GECE. 14. Warranties. GECE does not warranty services rendered. Professional services will be performed consistent with services provided by professionals practicing in the same or similar locality under similar circumstances. Services rendered are provided in good faith pursuant to the skill, knowledge, and practice of GECE. 15. Termination or Suspension. Both GECE and the Client retain the right to terminate or suspend this agreement with seven working days’ notice in writing. All sums outstanding to GECE at the time of termination shall accelerate and become immediately due and payable. Failure to make payment or payment arrangement as outlined in this agreement is grounds for suspension and/or termination of the project at the sole discretion of GECE. 16. Hazardous Materials. GECE shall have no responsibility for the discovery, presence, handling, removal, or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the project site. 17. Confidentiality. GECE shall maintain the confidentiality of the project information provided to GECE by the client and designated by the client as confidential or proprietary, except (1) when such confidential information becomes generally known to the public through no fault of GECE or (2) when disclosure is required pursuant to applicable governmental regulations or with an order of a court of competent jurisdiction. The client shall maintain the confidentiality of the subject matter and terms of this proposal, except to the extent the client may need to share information regarding this proposal with their attorneys or tax preparers. 18. Alternative Dispute Resolution. In the event of any dispute or default between the parties hereto relating to this proposal, the parties shall attempt to resolve the controversy or the default by first giving written notice within five (5) business days of the default to the other party. If the parties cannot agree upon a resolution of the controversy or the default within fourteen (14) calendar days after having issued the notice, then the parties shall participate in mediation 347 G r a y E l e c t r i c a l C o n s u l t i n g + E n g i n e e r i n g , C O R P 2529 Professional Parkway, Suite A -- P.O. Box 368 -- Santa Maria, CA 93456 Tel: (805) 361 - 0525 E-mail: info@GECECORP.com 9 | P a g e with a mediator mutually agreeable to the parties. Failure to give notice of default and to participate in mediation shall b e grounds for the Court to deny awarding attorney’s fees, costs, and damages. 19. Force Majeure. Neither the client nor GECE shall be deemed in default of this agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond its reasonable control and without its negligence. 20. Attorneys’ Fees. If it is necessary for either party to this proposal to institute an action to enforce any right granted hereunder or to redress the breach of any provision of this proposal, then the prevailing party in such action, in addition to any other award made by the Court, shall be entitled to its reasonable attorneys’ fees and costs incurred in prosecuting such action, and the enforcement of any judgment or award entered in such action, all in an amount to be determined by the Court. 21. Ownership and Copyright of Documents. Documents including but not limited to electrical plans, calculations, designs, details, notes, images, reports, specifications, and information prepared solely by GECE shall be the intellectual property of GECE (“GECE Intellectual Property”) and instruments of professional service, intended for this one -time use in construction of this project. Ownership of such work shall not be transferred without written authorization from GECE. Reuse or modifications of any such document by the client without GECE written approval shall be the client’s sole risk, and the client agrees to indemnify and hold GECE harmless from all claims, damages, and expenses, including attorney’s fees, arising out of such reuse by the client or by others acting through the client. 22. Electronic Files. Copies of documents that may be relied upon by the client are limited to printed copies or copies delivered in PDF format. Only construction documents that are signed and sealed by GECE shall be approved for bidding and construction purposes. Files in electronic formats, or other types of information furnished by GECE such as text, data, or graphics, are provided for the client’s convenience. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. GECE makes no representation as to the long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those in use by GECE at the beginning of the project. 23. Reimbursable Expenses. The client shall reimburse GECE for all incidental expenses incurred by GECE at the actual cost plus the additional fee as outlined in the Engineering Services Rate Schedule included herein. Reimbursable expenses may include reproduction, postage and handling of drawings and documents, long distance communications, feed paid to authorities having jurisdiction over the project (i.e., permit or application filing fees, etc.), travel expenses (i.e., auto mobile, lodging, and meals) and the expense of overtime, double time, and expedited work requiring higher than regular engineering rates. 24. Engineering Rates. Engineering services offered time and expense are subject to annual adjustments. These adjustments will occur in the month of January and will be implemented to reflect changes in market conditions, costs, and other relevant factors incurred by the company. 348 G r a y E l e c t r i c a l C o n s u l t i n g + E n g i n e e r i n g , C O R P 2529 Professional Parkway, Suite A -- P.O. Box 368 -- Santa Maria, CA 93456 Tel: (805) 361 - 0525 E-mail: info@GECECORP.com 10 | P a g e Rate Schedule - 2024 - Engineering Services Effective Date: January 1, 2024 Engineering Engineering Advisor $277 Principal/Licensed Electrical Engineer $221 Senior Project Engineer $210 Project Engineer $191 Design and Drafting Senior Electrical Designer $182 Electrical Designer $161 Senior CAD Support Technician $140 CAD Support Technician $120 Project Management / Project Controls / Administrative Utility Coordinator $168 Electrical Project Manager $161 Project Controls $138 Equipment / Services Reproduction, Postage, and Shipping Cost + 16% Airfare, Lodging, and Travel Expenses Cost + 21% Subcontracted Services Cost + 32% Application Filing Fees Cost + 32% Mileage $0.67 / mile AutoCAD File Issuance (As Built Purposes), < 30 sheets $95 / sheet AutoCAD File Issuance (As Built Purposes), > 30 sheets $70 / sheet Our rates are subject to premiums for overtime, double time, and expedited services. Furthermore, our pricing structure is subject to annual adjustments every January. 349 May 29, 2024 Mr. Derek Rapp, Senior Principal STANTEC 200 E. Carrillo Street, Suite 101 Santa Barbara, CA 93101-2137 re: High Street Depot Public Streetscape Improvements ONLY – City of Moorpark Proposal for Landscape Architecture ADDITIONAL Services for Street Improvement revisions Dear Derek, MJS Design Group respectfully submits the following Additional Services for High Street revisions as agreed upon with the City of Moorpark Staff and City Manager as well as their outside Consultant m6 Consulting. High Street Improvement revisions include: Southside of High Street: • Hardscape paving limit adjustments - requested by the City • Curb realignments to reduce bulb-outs and planting areas. • Additional shrub planting under existing Pepper trees – requested by the City • Revisions to 100% complete Irrigation Plans. • Revisions to 100% complete Shrub Plans. Northside of High Street (NEW SCOPE): • Brick hardscape added - requested by the City • Additional shrub planting in bulbouts. • Additional Irrigation in bulbouts. • Irrigation sleeving across streets. • Coordination with Civil Engineer, m6 Consulting and City. ADDITIONAL SERVICES: M. Schattinger 4.0 hrs. x $150/hr. = $600 M. Vaughan 9.0 hrs. x $120/hr. = $1,080 B. Ramos 18.0 hrs. x $90/hr. = $1,620 Irrigation Designer Direct Cost = $2,250 TOTAL ADDITIONAL SERVICE FEE REQUEST: $5,550 Sincerely, MJS Design Group, Inc. Matt Vaughan, Senior Project Manager cc: Mark Schattinger, President Masoud Mahmoud, Principal Civil Engineer MJS m6 Consulting, Inc. 350 Stantec Consulting Services Inc 200 East Carrillo Street, Suite 101t Santa Barbara, CA 93101 December 19, 2024 File: 2042666300 Attention: Daniel Kim, P.E. 799 Moorpark Ave. Moorpark, CA 93021 Dear Dan, Reference: City of Moorpark | Change Order 2 for the High Street Improvement Project Project Understanding During the course of design, several scope changes have occurred since change order #1 requiring additional services, including: ·Project redesign as a result of County of Ventura and SCE requirements ·Bidding Support Scope of Work The following scope of work is proposed: Design Drawings 1. Redesign storm drain system to eliminate proposed catch basin on the northeast corner of Bard. 2. Redesign storm drain on the northeast corner of Walnut to meet County waterline separation requirements 3. Revise curb extension grading on northeast corner of Bard to allow runoff to flow around curb extension. 4. Revise storm drain system to preserve existing catch basin on northwest corner of Walnut and connect to new flowline with a modified parkway drain. 5. Modify electrical system per attached proposal. 6.Update plan set to coordinate all disciplines with above changes. Bid Support 1. Review and respond to questions from potential bidders. 2. Assist in the preparation of bid addenda, including clarifications to plans and specification. Exhibit F 351 December 19, 2024 Daniel Kim, P.E. Page 2 of 2 Reference: City of Moorpark | Change Order 2 for the High Street Improvement Project Ped Proposed Fee Civil – $21,020 Electrical – $5,310 Total - $26,330 Regards, Stantec Consulting Services Inc. Derek Rapp. TE Principal Phone: (805) 770-0205 Derek.Rapp@Stantec.com Geremy Salts PE Principal Phone: (805) 680-0446 Geremy.Salts@Stantec.com 352 G r a y E l e c t r i c a l C o n s u l t i n g + E n g i n e e r i n g , C O R P 2529 Professional Parkway, Suite A -- P.O. Box 368 -- Santa Maria, CA 93456 Tel: (805) 361 - 0525 E-mail: info@GECECORP.com 1 | P a g e September 12, 2024 Transmitted via e-mail: derek.rapp@stantec.com Stantec Consulting Services Inc. 200 East Carrillo Street, Suite 101 Santa Barbara, CA 93101 Attention: Derek Rapp RE: Contract Amendment for High Street - Moorpark, CO #1. GECE Project No. 2414 Dear Derek: Thank you for the opportunity to provide you with additional services for the above-referenced project. Gray Electrical Consulting + Engineering, CORP (“GECE”) proposed scope of services for Stantec Consulting Services Inc. (“Client”). If you agree to the provisions set forth below in this proposal, please sign where indicated, and return your signature to us. This contract amendment is subject to all terms and conditions agreed upon in our initial contract, dated May 29, 2024. Engineering hourly rates as per Exhibit A are updated and included as part of this contract amendment. Section 1 Scope of Additional Services GECE #2414– Design Phase Services This contract amendment requires additional design phase services reflecting supplemental client communication and design services for the following: 1. Specification of separate metered service pedestal for metered street lighting. 2. Specification of branch circuit(s), including electrical calculations for voltage drop and connected load, for metered street lighting. 3. Consultation and design as per meter configuration. Should SCE require irrigation and seasonal receptacles to be separately metered, GECE will prepare design revisions reflecting a dual meter pedestal. 353 G r a y E l e c t r i c a l C o n s u l t i n g + E n g i n e e r i n g , C O R P 2529 Professional Parkway, Suite A -- P.O. Box 368 -- Santa Maria, CA 93456 Tel: (805) 361 - 0525 E-mail: info@GECECORP.com 2 | P a g e Section 2 Project Costs Electrical engineering services are being offered as per the fee schedule herein. All referenced fees are fixed, unless otherwise indicated. Budgetary fees are being offered on a time and expense, not to exceed basis. Time and expense rates are as outlined in Exhibit A. Our engineering fees have been determined as per the project's scope, timelines, and deliverables as outlined herein. It is essential to emphasize that while our budget has been meticulously prepared, it is subject to extension in the event of unforeseen circumstances, such as extended timelines, project phasing, or added complexities, which were not previously assumed. Change Order Fee Schedule Additional Services Total Type Con Docs Actual Time Spent CO#1 $ 5,310 Fixed Total $ 5,310 Contract Status Design Phase Services Previous Actual Budget Type Construction Documents $ 4,300 $ 9,610 $ (5,310) Budget Construction Contract Administration $ 1,200 $ - $ 1,200 Budget Utility Company Coordination $ 2,000 $ 1,071 $ 929 Budget Reimbursables $ 500 $ - $ 500 Budget Meetings $ 2,000 $ 762 $ 1,238 Budget Total Professional Fee $ 10,000 $ 11,578 $ (1,443) [SIGNATURE PAGE FOLLOWS] 354 G r a y E l e c t r i c a l C o n s u l t i n g + E n g i n e e r i n g , C O R P 2529 Professional Parkway, Suite A -- P.O. Box 368 -- Santa Maria, CA 93456 Tel: (805) 361 - 0525 E-mail: info@GECECORP.com 3 | P a g e A signed and dated copy of this agreement is required prior to the start of work. Feel free to contact our office should you have any questions. Kind Regards, Heather A. Gray, P.E. President, Principal Electrical Engineer Gray Electrical Consulting + Engineering, CORP UNDERSTOOD AND AGREED by STANTEC CONSULTING SERVICES INC.: ______________________________________ Signature ______________________________________ Printed Name ______________________________________ Date The following documents are attached and incorporated by reference herein: Exhibit A – GECE Time and Expense Rates Exhibit B – GECE Time by Job Detail for Actual Time Spent 355 G r a y E l e c t r i c a l C o n s u l t i n g + E n g i n e e r i n g , C O R P 2529 Professional Parkway, Suite A -- P.O. Box 368 -- Santa Maria, CA 93456 Tel: (805) 361 - 0525 E-mail: info@GECECORP.com 4 | P a g e EXHIBIT A Engineering Rates Rate Schedule - 2024 - Engineering Services Effective Date: January 1, 2024 Engineering Engineering Advisor $277 Principal/Licensed Electrical Engineer $221 Senior Project Engineer $210 Project Engineer $191 Design and Drafting Senior Electrical Designer $182 Electrical Designer $161 Senior CAD Support Technician $140 CAD Support Technician $120 Project Management / Project Controls / Administrative Utility Coordinator $168 Electrical Project Manager $161 Project Controls $138 Equipment / Services Reproduction, Postage, and Shipping Cost + 16% Airfare, Lodging, and Travel Expenses Cost + 21% Subcontracted Services Cost + 32% Application Filing Fees Cost + 32% Mileage $0.67 / mile AutoCAD File Issuance (As Built Purposes), < 30 sheets $95 / sheet AutoCAD File Issuance (As Built Purposes), > 30 sheets $70 / sheet Our rates are subject to premiums for overtime, double time, and expedited services. Furthermore, our pricing structure is subject to annual adjustments every January. 356 G r a y E l e c t r i c a l C o n s u l t i n g + E n g i n e e r i n g , C O R P 2529 Professional Parkway, Suite A -- P.O. Box 368 -- Santa Maria, CA 93456 Tel: (805) 361 - 0525 E-mail: info@GECECORP.com 5 | P a g e EXHIBIT B 357