First Amendment to Agreement between
The City of Lomita and David Evans and Associates, Inc. for Engineering Design Services for Street Reconstruction Project - Zone G This First Amendment to the Agreement is made and entered into between the City of Lomita (“City”) and David Evans and Associates, Inc. (“CONSULTANT”). The City and Consultant mutually agree to amend the existing Agreement entered into on July 19, 2022 as follows:
RECITALS
A. On July 19, 2022, the City entered into an Agreement with CONSULTANT for Engineering Design Services for Street Reconstruction Project - Zone G (“Agreement”), attached hereto as Exhibit “A” and incorporated herein by reference.
B. The City and CONSULTANT now desire to enter into this First Amendment to the Agreement to: (1) increase the total not-to-exceed amount of the Agreement; (2) amend the Scope of Services to include additional work performed, as described in Exhibit A-1, attached hereto; and (3) extend the term of the Agreement.
C. Pursuant to Section 29 of the Agreement, the Parties intend to amend the Agreement as set forth in this First Amendment.
NOW THEREFORE, pursuant to Section 29 of the Agreement, and in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
1. Section 1, entitled “Consideration and Compensation” Subsection C is hereby amended to read as follows:
As additional consideration, CITY agrees to pay CONSULTANT an amount not to exceed $302,750.00, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement. The City Council has also approved an additional 5% of these estimated costs, or up to $15,138.00, for unexpected contingencies. Therefore, the total compensation as amended under this First Amendment shall be a total, not-to-exceed amount of $317,888.00. If CONSULTANT incurs expenses exceeding the amount of $302,750.00, the CONSULTANT must request such expenses in writing, and the CITY’s City Manager or his designee must approve of such requests, for CONSULTANT to receive compensation for those costs.
2. Exhibits. The CITY and CONSULTANT agree to add the services and activities set forth in Exhibit A-1, entitled “Additional Scope of Work” and attached hereto, to Exhibit A of the Agreement, entitled “Scope of Services.”
3. Section 7, entitled “Term of Agreement” is hereby amended to read as follows: The services of CONSULTANT are to commence upon receipt of a notice to proceed from CITY and shall continue until all authorized work is completed to CITY's reasonable satisfaction, unless earlier termination occurs under Section 12 of this Agreement, or extended in writing by both parties.
4. Except as amended by this First Amendment, all provisions of the Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment.
5. The recitals set forth above are incorporated herein by reference and are expressly made a part of this First Amendment.
6. This First Amendment shall be governed by the laws of the State of California.
Venue shall be in Los Angeles County.
7. The parties agree that this First Amendment will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the 3rd day of June 2025, at Lomita, California.
City of Lomita David Evans and Associates, Inc.
By______________________________ By _______________________________ Andrew Vialpando, City Manager RA Plummer, Senior Vice President Attest: Approved as to Form:
________________________________ _________________________________ Kathleen Horn Gregory, CMC, City Clerk Trevor Rusin, City Attorney 17542 E. 17th Street Suite 150 Tustin California 92780
May 21, 2025
Jennifer Howell
City of Lomita
24300 Narbonne Ave.
Lomita, CA 90717
Subject: Additional Scope of Work – Street Reconstruction Project – Zone G Lomita Boulevard Construction Support Services
Dear Jennifer:
David Evans and Associates, Inc. is pleased to submit this proposal for additional services described in the following Exhibit A1. If you have any questions, please let us know, otherwise please sign and return the attached Exhibit A1 as soon as possible and we will proceed with the added scope.
Sincerely,
Marie Marston, P.E.
Sr. Project Manager
Jennifer Howell, P.E.
Associate Engineer
Attachments:
Exhibit A1 – Additional Scope of Work
Exhibit B1 – Compensation & Fee Proposal
Exhibit A1 – Additional Scope of Work
May 21, 2025
17542 E. 17th Street Suite 150 Tustin California 92780
EXHIBIT A1
ADDITIONAL SCOPE OF WORK
FOR
Street Reconstruction Project – Zone G
Lomita Boulevard Construction Support
David Evans and Associates, Inc. (DEA) agrees to perform the additional scope of work described herein, as requested by the City of Lomita for the Street Reconstruction Project – Zone G Lomita Boulevard.
We understand the City would like to DEA to provide ongoing construction support for Zone G Phases 2, 3 & 4 and complete as-builts for Zone G Phase 1 as part of this amendment. Note time and materials charged will be only for the services requested and performed. If some services that are included in the amendment are not ultimately requested, then they would not be invoiced.
Additional services are necessary because the original contract assumed that Zone G would be constructed in a single phase; however, the project was subsequently divided into four phases. Phase 1 encountered several unforeseen field issues (i.e. adverse weather and soil conditions) that depleted the allocated bid and construction support funds. Consequently, we now need to update the cost estimates for Phases 2 through 4, incorporate lessons learned from Phase 1 into the bid documents for the remaining phases, and prepare as-built drawings, which were not included in the original scope but are now requested.
Task 1 – Meetings and Coordination
This task will include additional internal project coordination with DEA, their subconsultants, City Staff, and City representatives as part of the construction project. It will include but not be limited to administrative duties, pre-construction meeting, weekly construction meetings and coordination.
Task 2 – Pavement Investigation and Analysis
Labelle Marvin the pavement specialist may be required to provide technical assistance on field conditions during construction.
Task 3 – Plans, Specifications and Estimate (PS&E)
Given the completion of Zone G Phase 1 and the time that has since elapsed, revisions to the plans, specifications, and estimates will be performed to incorporate lessons learned from the construction of Zone G Phase 1. Additionally, the Phase 1 and 2 plan set will be split into two parts.
Task 4 – Bid Package
Exhibit A1 – Additional Scope of Work
May 21, 2025
17542 E. 17th Street Suite 150 Tustin California 92780
Modifications to the plans, specifications, and estimate will require an update to the bid package. This includes quantifying plan revisions in the specifications and estimates, verifying unit pricing, compiling all relevant documents, and coordinating with the City as necessary.
Task 5 – Bid and Construction Support
This task will include RFIs and material submittal/shop drawing reviews for approval. Additionally, inquiries by the City or contractors during the bid process may require additional clarification from DEA.
Task 6 – As-Builts
This task will include as-builts for Phase 1 and the pavement rehabilitation on Lomita Boulevard an added portion to the Zone G Phase 1 project. Additionally, as-builts for subsequent phases 2, 3 and 4 are also included within this task.
Exhibit B1 – Compensation
May 21, 2025
17542 E. 17th Street Suite 150 Tustin California 92780
EXHIBIT B1
ADDITIONAL SCOPE OF WORK
FOR
Street Reconstruction Project – Zone G
Lomita Boulevard Construction Support
The City of Lomita shall compensate DEA for the services described in Exhibit A1 – Additional Scope of Work.
We estimate a grand total fee of $80,915 for these additional tasks in accordance with the attached Fee Proposal. The fee amount will not be exceeded without prior written authorization by the City of Lomita.
Additional tasks will not be performed by DEA without prior written authorization by the City of Lomita.
Task No. Task Description Personel Staff Rate Hours Amount Task 1 Meetings & Coordination Administrative Support Office Administrator Marga Rosso $ 65.00 8 $ 520.00 Task 2 Pavement Investigation & Analysis SubConsultants Pavement Engineer Labelle Marvin Staff $ - 0 $ 5,000.00 Task 3 Plans, Specifications and Estimate Plan Modifications Split Phases 1 & 2 Civil Engineer Ryan Williams/Suzanne Moubayed $ 95.00 9 $ 855.00 Task 3 Plans, Specifications and Estimate Plan and Specification Revisions Civil Engineer Ryan Williams/Suzanne Moubayed $ 95.00 27 $ 2,565.00 Project Manager Marie Marston $ 165.00 9 $ 1,485.00
Task 4 Bid Package Cost Estimate and Bid Documents Civil Engineer Ryan Williams/Suzanne Moubayed $ 95.00 12 $ 1,140.00 Project Manager Marie Marston $ 165.00 9 $ 1,485.00
Task 1 Meetings & Coordination Pre-Construction Meeting & Coordination Civil Engineer Ryan Williams/Suzanne Moubayed $ 95.00 2 $ 190.00 Project Manager Marie Marston $ 165.00 2 $ 330.00
Task 1 Meetings & Coordination Construction Meetings Civil Engineer Ryan Williams/Suzanne Moubayed $ 95.00 30 $ 2,850.00 Project Manager Marie Marston $ 165.00 30 $ 4,950.00
Task 5 Bid and Construction Support Construction Support Civil Engineer Ryan Williams/Suzanne Moubayed $ 95.00 30 $ 2,850.00 Project Manager Marie Marston $ 165.00 30 $ 4,950.00
Task 5 Bid and Construction Support Material Submittal Reviews Civil Engineer Ryan Williams/Suzanne Moubayed $ 95.00 30 $ 2,850.00 Project Manager Marie Marston/Joe Buckner $ 165.00 15 $ 2,475.00 Task 5 Bid and Construction Support RFIs Civil Engineer Ryan Williams/Suzanne Moubayed $ 95.00 27 $ 2,565.00 Project Manager Marie Marston/Joe Buckner $ 165.00 18 $ 2,970.00 Task 6 Asbuilts Asbuilts Civil Engineer Ryan Williams/Suzanne Moubayed $ 95.00 18 $ 1,710.00 $ 8,840.00
$ 5,000.00
$ 4,905.00
$ 2,625.00
$ 18,660.00
$ 1,710.00
Total $ 41,740.00
Task No Task Description Personel Staff Rate Hours Amount Task 1 Meetings & Coordination Administrative Support Office Administrator Marga Rosso $ 65.00 8 $ 520.00 Task 2 Pavement Investigation & Analysis SubConsultants Pavement Engineer Labelle Marvin Staff $ - 0 $ 5,000.00 Task 3 Plans, Specifications and Estimate Plan and Specification Revisions Civil Engineer Ryan Williams/Suzanne Moubayed $ 95.00 27 $ 2,565.00 Project Manager Marie Marston $ 165.00 9 $ 1,485.00
Task 4 Bid Package Cost Estimate and Bid Documents Civil Engineer Ryan Williams/Suzanne Moubayed $ 95.00 12 $ 1,140.00 Project Manager Marie Marston $ 165.00 9 $ 1,485.00
Task 1 Meetings & Coordination Pre-Construction Meeting & Coordination Civil Engineer Ryan Williams/Suzanne Moubayed $ 95.00 2 $ 190.00 Project Manager Marie Marston $ 165.00 2 $ 330.00
Task 1 Meetings & Coordination Construction Meetings Civil Engineer Ryan Williams/Suzanne Moubayed $ 95.00 30 $ 2,850.00 Project Manager Marie Marston $ 165.00 30 $ 4,950.00
Task 5 Bid and Construction Support Construction Support Civil Engineer Ryan Williams/Suzanne Moubayed $ 95.00 30 $ 2,850.00 Project Manager Marie Marston $ 165.00 30 $ 4,950.00
Task 5 Bid and Construction Support Material Submittal Review Civil Engineer Ryan Williams/Suzanne Moubayed $ 95.00 30 $ 2,850.00 Project Manager Marie Marston/Joe Buckner $ 165.00 15 $ 2,475.00 Task 5 Bid and Construction Support RFIs Civil Engineer Ryan Williams/Suzanne Moubayed $ 95.00 18 $ 1,710.00 Project Manager Marie Marston/Joe Buckner $ 165.00 18 $ 2,970.00 Task 6 Asbuilts Asbuilts Civil Engineer Ryan Williams/Suzanne Moubayed $ 95.00 9 $ 855.00 $ 8,840.00
$ 5,000.00
$ 4,050.00
$ 2,625.00
$ 17,805.00
$ 855.00
Total $ 39,175.00
$ 17,680.00
$ 10,000.00
$ 8,955.00
$ 5,250.00
$ 36,465.00
$ 2,565.00
$ 80,915.00
Task 6 Total
Task 2 Total
Task 2 Subtotal
Task 2 Subtotal
Exhibit B1 - Fee Proposal
Task 1 Total
Task 3 Total
Task 4 Total
Task 5 Total
Phase 3 & 4
Phase 2
Assumptions:
1. Plan modifications assumes 1 round of revisions.
2. Length of Construction is assumed to be 100 Working Days or 5 months. This is based upon a 80 day schedule for Phase 1. Note phases 2, 3, and 4 have considerably more ADA improvements which may require additional coordination. Additionally, Phase 2 is almost twice the size of Phase 1 in terms of length of street to be rehabilitated and Phases 3 and 4 are approximately 50% larger.
3. Construction Support/Coor Meetings includes weekly meetings in addition to internal and external coordination between the City, Contractor, Construction Management Team, and subconsultants. Assumes 1.5 hours per week for 5 months which yields 30 hours. Note this number also assumes meeting coordination and correspondence.
4. It is assumed DEA will not review the Bid Results but this will be done internally with the City similar to Zone G.
5. Material Submittal Review includes review of WPCP or SWPPP and TCP plans in addition to other material submittals.
Task 1 Subtotal
Task 3 Subtotal
Task 4 Subtotal
Task 5 Subtotal
Task 6 Subtotal
Task 1 Subtotal
Task 3 Subtotal
Task 4 Subtotal
Task 5 Subtotal
Task 6 Subtotal
Grand Total