1 FIFTH AMENDMENT TO THE AGREEMENT
FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND PACIFIC ARCHITECTURE AND ENGINEERING
THIS FIFTH AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES (“Fifth Amendment”) is made between the City of Redondo Beach, a Chartered Municipal Corporation (“City”) and Pacific Architecture and Engineering, a California Corporation (“Consultant”).
WHEREAS, on August 4, 2020, the parties originally entered into the Agreement for Consulting Services between the City and Consultant (the “Agreement”); and WHEREAS, on February 16, 2021, the parties entered into a First Amendment for additional service do to unexpected increases in the volume of work to be performed as compared to that originally anticipated to complete the services under this contract; and WHEREAS, on June 6, 2021, the parties entered into a Second Amendment for additional service do to unexpected increases in the volume of work to be performed as compared to that previously anticipated to complete the services under this contract; and WHEREAS, on December 12, 2021, the parties entered into a Third Amendment for additional service do to unexpected increases in the volume of work to be performed as compared to that previously anticipated to complete the services under this contract; and WHEREAS, on April 5, 2022, the parties entered into a Fourth Amendment for additional service due to unexpected increases in the volume of work to be performed as compared to that previously anticipated to complete the services under this contract; and WHEREAS, the volume of work to be performed has been determined to further exceed what was anticipated to complete the services under the original contract and subsequent Amendments; and
WHEREAS, therefore, the parties desire to increase the Consultant’s total compensation.
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 amendment to the Agreement:
1. COMPENSATION. Exhibits “C”, “C-1”, “C-2”, “C-3” and “C-4” of the Agreement are hereby amended to add Exhibit “C-5” to increase the limit for the total compensation paid to Consultant by $15,000 for a total compensation limit of $245,000. Exhibit “C5” is attached hereto and incorporated by reference. Consultant shall be 2 compensated for the services described in Exhibit “A” of the Agreement in accordance with Exhibit “C-5”.
2. NO OTHER AMENDMENTS. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement, the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, and this Fifth Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement with respect to the subject matter hereof. In the event of any inconsistency between the terms of the Agreement, the First Amendment, the Second Amendment, the Third Amendment the Fourth Amendment and this Fifth Amendment, the terms of this Fifth Amendment shall prevail.
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3 IN WITNESS WHEREOF, the parties have executed this Third Amendment in Redondo Beach, California, as of this 20th day of September, 2022.
CITY OF REDONDO BEACH PACIFIC ARCHITECTURE AND
ENGINEERING
William C. Brand, Mayor Jun Fujita Hall, President
ATTEST:
Eleanor Manzano, City Clerk
APPROVED:
Diane Strickfaden, Risk Manager
APPROVED AS TO FORM:
Michael W. Webb, City Attorney
4 EXHIBIT “C-5”
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
A. AMOUNT.
Total compensation provided pursuant to this agreement shall not exceed $245,000.
Consultant shall be paid in accordance with the following hourly rates for the services described herein:
Title Hourly Billing Rate
Admin $ 45.00
Drafter $ 65.00
Drafter II $ 91.00
Drafter III $ 97.00
Engineer $110.00
Engineer I $125.00
Document Control $130.00
Engineer II $145.00
Engineer III $155.00
Project Architect $171.00
Project Manager $171.00
Sr Engineer II $164.72
Specialist I $190.00
Specialist II $219.87
B. METHOD OF PAYMENT. Consultant shall provide monthly invoices indicating the services and tasks performed, and hourly rate, hours worked, and staff assigned during the prior month to City for approval and payment. 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.
C. SCHEDULE FOR PAYMENT. Consultant shall be paid within thirty (30) days of City’s receipt of monthly invoice, provided, however, that services are completed to the City’s reasonable satisfaction.
D. 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.
5 Consultant: Pacific Architecture and Engineering, Inc 1137 Second Street, Suite 214
Santa Monica, CA 90403
Attention: Jun Fujita Hall
City: City of Redondo Beach
Public Works Department, Engineering Division
415 Diamond Street
Redondo Beach, CA 90277
Attention: Andrew Winje
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.