ATTACHMENT #2
DPW:850-20\ev\Council\2024\031924\CI 5664\Rancho Conejo Biotech Area Sidewalk Project Att 2.docx
Project Name: Rancho Conejo Biotech
Sidewalk Project (CI 5664)
THIRD AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
MNS ENGINEERS, INC.
Contract No. 13114-2022
THIS THIRD AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter “City”) and MNS ENGINEERS, INC. (“Consultant”), entitled Rancho Conejo Biotech Area Sidewalk (CI 5664) and dated September 27, 2022 and amended on March 28, 2023, and June 20, 2023 (herein “Contract”) is made this 19th day of March, 2024.
RECITALS
A. Section 3 of Contract, currently, and as may have been previously amended, provides for a “not-to-exceed” total payment as consideration to Consultant of $355,941 for services generally and briefly described as Professional Design Services for the Rancho Conejo Biotech Area Sidewalk Project.
B. City is in need of expanding the Scope of Services to be performed under the present Contract, and Consultant is desirous of performing such and receiving additional compensation for said extra services.
C. Section 5 of Contract, currently, and as may have been previously amended, provides for a “Termination Date” of June 30, 2024.
D. City and Consultant desire to extend the date of the Contract and amend the Scope of Services while keeping all other terms intact.
AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below:
DPW:850-20\ev\Council\2024\031924\CI 5664\Rancho Conejo Biotech Area Sidewalk Project Att 2.docx
3 9
0 8
Part 1. The following services to be performed by Consultant are added to the Scope of Services listed in Section 2 of Contract and such section is hereby amended to add and also include the following services, and Exhibit A-3, attached hereto and incorporated herein, is hereby added to the Contract:
Engineering support services during Construction, as more fully described in Exhibit A-3, attached hereto and incorporated herein by reference.
Part 2. The sum of $36,570 is added as compensation to Consultant under the present Contract for the above-described additional services, and Subsection 3 (a) of Contract is hereby amended to read in its entirety as follows, and Exhibit B is hereby replaced in its entirety by Exhibit B-3, attached hereto and incorporated herein by reference:
(a)Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $392,511 (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 marked Exhibit "B-3", attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon Consultant until December 31, 2024, after which any change in said rates and expenses must be approved in writing by City's Project Manager (City is 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.
Part 3. The Contract is extended for a period of 365 days and first paragraph of Section 5 is hereby amended to read as follows:
“The term of this Agreement is from the date first written above to June 30, 2025, unless the term of this Agreement is extended or the Agreement is terminated as provided for herein.”
DPW:850-20\ev\Council\2024\031924\CI 5664\Rancho Conejo Biotech Area Sidewalk Project Att 2.docx
3 9
0 8
Part 4. All terms used in Parts 1, 2 and 3 above shall have the meanings ascribed thereto in Contract. Except as amended in Parts 1, 2 and 3 above, all other sections, terms, obligations, duties, clauses, and provisions of Contract shall remain the same.
IN WITNESS WHEREOF, the parties execute this Third Amendment to Contract as of the date set forth above.
MNS ENGINEERS, INC.
_________________________________
Darren Riegler, President
_________________________________
Shawn Kowalewski, Senior Vice President
CITY OF THOUSAND OAKS
________________________________
Al Adam, Mayor
ATTEST:
________________________________
Laura B. Maguire, City Clerk
APPROVED AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:
________________________________
Clifford G. Finley, Public Works Director
APPROVED AS TO FORM:
Office of the City Attorney
________________________________
Tracy Friedl, Assistant City Attorney
DPW:850-20\ev\Council\2024\031924\CI 5664\Rancho Conejo Biotech Area Sidewalk Project Att 2.docx
3 9
0 8
EXHIBIT A-3
Scope of Work
Rancho Conejo Biotech Area Sidewalk Project (CI 5664)
Consultant shall perform the following Scope of Work in connection with the Engineering Support Services During Construction:
Task 1 - Bid Process and Pre-Construction Meeting
Consultant shall attend the pre-construction meetings.
Task 2 - Requests For Information (RFIs)
Consultant shall be available to answer City staff questions and to respond to the Contractor’s RFIs regarding the Technical Provisions, the design drawings, or conflicts in the design during the construction and assist the City in issuing Design Change Orders (COs). Consultant shall provide responses to RFIs (up to 25).
Deliverables: RFI Responses and Design Revisions
Task 3 - Design Revisions
Consultant shall assist the City in issuing Design Change Orders (COs) (up to 10) by preparing plan revisions, details, and specifications if needed.
Deliverables: Plan Revisions, details, and specifications Design Change Orders
Task 4 - Review and Approve Submittals for Construction Consultant shall provide review and approval of submittals for construction, including review of resubmittals, as required by the specifications (up to 25).
Deliverables: Submittal Review
Task 5 - Attend Construction Progress Meetings
Consultant shall attend jobsite project progress meetings with the City and Contractor for the duration of the construction phase of the project as necessary. This task includes time at the jobsite to respond to outstanding construction issues after the project meeting, as required by the Project Manager.
Deliverables: Attend meetings (up to 8)
Task 6 - Preparation of Record Drawings
Consultant shall incorporate all redline comments prepared by the Contractor and Project Inspector on the signed design Plans. The as-built drawings will be provided to the City and approved prior to the release of the final progress payment. Consultant shall also provide electronic record drawings to the City, in addition to providing updated CAD files as the project’s final As-Built plan set.
Deliverables: As-Built Plans
DPW:850-20\ev\Council\2024\031924\CI 5664\Rancho Conejo Biotech Area Sidewalk Project Att 2.docx
3 9
0 8
EXHIBIT B-3
Schedule of Fees