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Approved for use 6/1/23
2817434v1.doc City of MB Form
AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MANHATTAN BEACH AND ARDURRA GROUP, INC.
This Third Amendment (“Amendment No. 3) to that certain agreement by and between the City of Manhattan Beach, a California municipal corporation (“City”) and Ardurra Group, Inc., a Florida corporation (“Consultant”) (collectively, the “Parties”) is hereby made effective as of the date of the l ast authorized representative signature below (“Effective Date”).
RECITALS
A. On October 19, 2021, the City and Consultant entered into an agreement for professional services for the Consultant to provide inspection and construction management services for th e Polliwog Park Lower Playground Replacement Project (“Initial Agreement”).
B. On December 21, 2022, the City and Consultant entered into Amendment No. 1 to increase the Maximum Compensation by $152,598.18 and modify the Scope of Services and Approved Fee Schedule approved by City Council.
C. On August 21, 2023, the City and Consultant entered into Amendment No. 2 to increase the Maximum Compensation by $49,856.50 and modify the Scope of Services and Approved Fee Schedule. The Original Agreement, as amended by Amendment No. 1 and Amendment No. 2, is referred to herein as the “Agreement”.
D. The Parties now desire to amend the Agreement to increase the Maximum Compensation, modify the Scope of Services and Approved Fee Schedule.
NOW, THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereby agree as follows:
Section 1. Section 3.A of the Agreement is hereby revised to increase the Maximum Compensation amount by $49,128 .06, for a new Maximum Compensation of $545,682.74.
Section 2. E xhibit A (“Scope of Services”) of the Agreement is hereby amended to add the attached Exhibit A of this Amendment No. 3.
Section 3. E xhibit B (“Approved Fee Schedule”) of the Agreement is hereby amended to add the attached Exhibit B of this Amendment No. 3.
Section 4. E xcept as specifically amended by this Amendment No. 3 , all other provisions of the Agreement shall remain in full force and effect.
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Approved for use 6/1/23
2817434v1.doc City of MB Form
[SIGNATURE PAGE FOLLOWS]
DocuSign Envelope ID: 7B2C4CB7-626B-4D62-936B-E19A0922CA9A -3-
Approved for use 6/1/23
2817434v1.doc City of MB Form
IN WITNESS THEREOF, the Parties hereto have executed this Amendment No. 3 on the day and year first shown above.
City:
City of Manhattan Beach,
a California municipal corporation
By:
Name: Bruce Moe
Title: City Manager
ATTEST:
By:
Name: Liza Tamura
Title: City Clerk
APPROVED AS TO FORM:
By:
Name: Quinn M. Barrow
Title: City Attorney
APPROVED AS TO FISCAL IMPACT:
By:
Name: Steve Charelian
Title: Finance Director
APPROVED AS TO CONTENT:
By:
Name: Erick Lee
Title: Public Works Director
Consultant:
Ardurra Group, Inc.,
a Florida corporation
By:
Name: Lisa Penna, PE
Title: Vice President, Regional Director
By:
Name: Cathy Cahill
Title: Chief Financial Officer
DocuSign Envelope ID: 7B2C4CB7-626B-4D62-936B-E19A0922CA9A 10/30/2023
10/30/2023
EXHIBIT A
SCOPE OF SERVICES
Pursuant to the discussions and the City’s request to provide an estimated cost to close out the project, several recent unforeseen issues require additional efforts to resolve and result in project completion delays, as further detailed below.
Administer and document general contractor demobilizations due to recent unexpected storm activity and other weather conditions and unforeseen flooding of the site due to Metropolitan Water District’s operations within the project vicinity.
Biweekly progress meetings facilitated throughout the extended construction period and various demobilizations.
Coordination, communication, and meetings between the City and Contractor to address project scheduling, remaining work to be completed, and remobilization of subcontractors after the resolution of the play equipment footing RFI as described in our previous amendment request. Additional coordination and tracking efforts with the equipment vendor, Kompan, for missing play equipment parts.
Additional administration, coordination, and tracking efforts for additional work resulting from unforeseen conditions and the City’s request for additional improvements.
DocuSign Envelope ID: 7B2C4CB7-626B-4D62-936B-E19A0922CA9A A-1
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Approved for use 6/1/23
2817434v1.doc City of MB Form
EXHIBIT B
APPROVED FEE SCHEDULE
DocuSign Envelope ID: 7B2C4CB7-626B-4D62-936B-E19A0922CA9A