THIRD AMENDMENT TO THE
AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND CHARLES ABBOTT ASSOCIATES, INC.
THIS THIRD AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES ("Third Amendment") is made between the City of Redondo Beach, a chartered municipal corporation ("City") and Charles Abbott Associates, Inc., a California corporation ("Consultant").
WHEREAS, on May 19, 2015, the parties entered into the Agreement for Consulting Services between the City and Consultant (the "Agreement");
WHEREAS, on April 18, 2017, the parties entered into the First Amendment to the Agreement ("First Amendment") to add duties, extend the term of the Agreement, and increase Consultant's total compensation limit to $525,000; and
WHEREAS, on March 20, 2018, the parties entered into the Second Amendment to the Agreement ("Second Amendment") to add duties and increase Consultant's total compensation limit to $699,000; and
WHEREAS, the Agreement is set to expire on April 18, 2022; and WHEREAS, the parties desire to amend the Agreement to extend the term of the Agreement and increase Consultant's total compensation limit.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:
1. SCOPE OF SERVICES. Exhibits "A" to "A-2" of the Agreement are hereby amended to add Exhibit "A-3", which provides that all the tasks described in Exhibit "A-2' have been completed, and adds Task 7 to Consultant's scope of services. Exhibit "A-3" is attached hereto and incorporated by reference. Consultant shall perform all services described in Exhibits "A" to "A-3".
2. TERM. Exhibits "B" to "B-1" of the Agreement are hereby amended to add Exhibit "B-2", which extends the Agreement to March 1, 2027. Exhibit "B-2" is attached hereto and incorporated by reference. Consultant shall commence and complete all services described in Exhibits "A" to "A-2" in accordance with the schedule set forth in Exhibit "B- 2".
3. COMPENSATION. Exhibits "C" to "C-2" of the Agreement are hereby amended to add Exhibit "C-3" to provide an additional $500,000 to increase the limit of Consultant's total compensation to $1,199,000 for the term of the Agreement. Exhibit "C-3" is attached hereto and incorporated by reference. Consultant shall be compensated for the services described in Exhibits "A" to "A-2".
4. NO OTHER AMENDMENTS. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement, First Amendment, Second Amendment, and this Third Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement with respect - 1-
to the subject matter hereof. In the event of any inconsistency between the terms of the Agreement, First Amendment, Second Amendment, and this Third Amendment, the terms of this Third Amendment shall govern.
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IN WITNESS WHEREOF, the parties have executed this Third Amendment in Redondo Beach, California, as of this 15th day of March, 2022.
CITY OF REDONDO BEACH, CHARLES ABBOTT ASSOCIATES,
a chartered municipal corporation INC., a California corporation By: Ruf& Read,
William C. Brand, Mayor Name:
Title:
ATTEST: APPROVED:
Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
Michael W. Webb, City Attorney
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EXHIBIT A-3
SCOPE OF SERVICES
CONSULTANT'S DUTIES
Consultant has completed all the tasks described in Exhibit "A-2". Consultant shall perform the task as set forth below.
A. TASK 7- Polystyrene, Single-Use Plastic Products, and Certain Balloons Compliance
1. Review Redondo Beach Municipal Code section 5-10.05 and conduct inspections to ensure compliance as follows.
a. Inspect food and beverage and balloon providers to ensure the following items are not sold or provided within the City's limits.
i. Polystyrene food service ware and coolers.
ii. Single-use plastic products (straws, stirrers, and utensils) unless they are made from non-plastic products and are "upon request" by customers. ili. Inspect businesses to ensure the sale, distribution and use of foil, metalized, or mylar balloons and the release of latex balloons filled with air, helium, and lighter than air gas is prohibited.
b. Issue a Notice of Noncompliance if the business is not in compliance with the City's municipal code as described herein.
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EXHIBIT "B-2"
SCHEDULE FOR COMPLETION
TERM. The term of this Agreement shall continue through March 31, 2027 ("Term"), unless otherwise terminated as herein provided.
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EXHIBIT "C-3"
COMPENSATION
Provided that Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
A. AMOUNT. Consultant shall be paid in accordance with the following hourly rate schedule.
Job Title Hourly Rate
Project Manager $145
Project Engineer $132
Senior Design Engineer $115
Environmental Program Manager $155
Associate Engineer $110
Senior Public Works Inspector $105
Public Work Inspector $95
Environmental Inspector $80
Cost of printing reports and documents, mileage, telephone, mailing and other expenses are included in the hourly rates.
B. NOT TO EXCEED AMOUNT. Consultant's total compensation limit shall be increased by $500,000. However, in no event shall Contractor's total compensation exceed $1,199,000.
C. METHOD OF PAYMENT. Consultant shall provide invoices to City for approval and payment. Invoices must provide job title, hourly rate, hours worked, and services performed.
Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. Consultant may be required to provide back-up material upon request.
D. SCHEDULE FOR PAYMENT. Consultant shall invoice monthly an amount based on the hours worked in the prior month. City agrees to pay Consultant within thirty (30) days upon City's receipt of monthly invoice; provided however, services are completed to the City's reasonable satisfaction.
E. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Consultant: Charles Abbott Associates, Inc.
27201 Puerta Real, Suite 200
Mission Viejo, CA 92691
Attention: Rusty Reed, Principal
City: City of Redondo Beach
Public Works Department, the Engineering Division
415 Diamond Street
Redondo Beach, CA 90277
Attention: Andrew Winje
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All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
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