FIRST AMENDMENT TO DESIGN-BUILD AGREEMENT
THIS FIRST AMENDMENT (“First Amendment”) to the DESIGN/BUILD AGREEMENT (“Agreement” or “Contract”) is made and entered into on the 6th day of December, 2022, by and between the City of Redondo Beach, a California charter city ("City"), and Spohn Ranch, a California corporation ("Design-Builder").
R E C I T A L S:
WHEREAS, on October 5, 2021, the City and Design Builder entered into the Agreement for the design, management, and construction of the Citywide Skate Facilities, Perry Park and Pad 10 Locations, in the City (“Project” as defined in the Agreement); and WHEREAS, the Design-Builder completed the work to design and install the features described for the Perry Park location as described in the Agreement; and WHEREAS, the City desires to add features at the Perry Park and the Pad 10 locations; and
WHEREAS, the City and the Design-Builder desire to increase the amount paid to the Design-Builder for the additional work.
WHEREAS, the Design-Builder represents that it has the necessary professional expertise, capacity, and skill to perform such services; and WHEREAS, the City desires for the Design-Builder to do the work based on its knowledge of the Project’s goals and design considerations, and its reliance on DesignBuilder’s foregoing representations; and WHEREAS, the City and Design-Builder desire to amend the Agreement to provide additional duties, set a date of completion for those duties, and increase Design-Builder’s compensation.
NOW, THEREFORE, in consideration of the covenants hereinafter set forth, City and DesignBuilder agree as follows:
1. ARTICLE 2. Section 2.1.1 shall be deleted in its entirety and replaced as follows.
2.1.1 Contract Time shall be five hundred eighty-six (586) Calendar Days from issuance of Notice to Proceed to Project Completion.
CONTRACT MILESTONES: (TENTATIVE ONLY)
1. Notice to Proceed with Design: October 6, 2021
2. Designs complete: December 31, 2021
3. Construction Documents and permits: February 28, 2022
4. Notice to Proceed with Construction: March 1, 2022
5. Pad 10 Phase 1 complete: May 15, 2022
6. Perry Park Phases 1 and 2 complete: April 15, 2022
7. Perry Park Phase 3 complete: March 31, 2023
8. Pad 10 Phase 2 complete: April 15, 2023
8. Final completion, including punch list items: May 15, 2023
2. ARTICLE 3. Article 3 of the Agreement is hereby modified as follows.
Section 3.1.1 shall be deleted in its entirety and replaced as follows.
3.1.1 City shall pay Design-Builder in accordance with Article 7 of the General Conditions, the total, all-inclusive contract price of four hundred and three thousand dollars ($403,000) subject to any adjustments made in accordance with the General Conditions.
Section 3.1.2 shall be added to Article 3 as follows.
3.1.2 City shall pay Design-Builder in accordance with Article 7 of the General Conditions of the Agreement, an amount not to exceed two hundred and sixty three thousand dollars ($263,000) for the additional work described in Exhibit “A-1”.
However, in no event shall the total compensation paid to Design-Builder, including the amount paid under the Agreement and any amendments hereto, exceed the allinclusive price described in Section 3.1.1 of the Agreement.
3. SCOPE OF WORK. Exhibit “A” of the Agreement is hereby amended to add Exhibit “A-1” to provide additional work at the Perry Park and Pad 10 sites. Exhibit "A-1" is attached hereto and incorporated by reference.
4. NO OTHER AMENDMENTS. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement and the First 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 and this First Amendment, the terms of this First Amendment shall prevail.
IN WITNESS WHEREOF, the parties have executed this First Amendment in Redondo Beach, California, as of this 6th day of December, 2022.
CITY OF REDONDO BEACH SPOHN RANCH,
a California corporation
William C. Brand, Mayor Aaron Spohn, President
ATTEST: APPROVED:
Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
Michael W. Webb, City Attorney
EXHIBIT A-1
PROJECT DESCRIPTION AND SCOPE OF WORK
SEQUENCE OF WORK
The Design-Builder shall complete the additional work for the Project as set forth below.
Perry Park Location
Phase 3 - The Design-Builder shall submit a Conceptual Design for the additional work at Perry Park for the City’s review and approval. Upon City’s approval, the Design-Builder shall submit a site plan package showing the proposed site layout, including the following components:
• Identification of proposed new skate features and existing facilities. • Landscaping and infrastructure to be removed or relocated. • Shop drawings for the additional features and related installation and connection details.
Upon the City’s approval of the site plan package, Design-Builder shall provide and install the approved features in conformance with the City’s approved site plan package.
Pad 10 Location
The City has approved the 25% level of design as depicted in the attached drawing entitled the “Master Plan” (“Attachment 1”). The Design-Builder shall perform the work as depicted in the “Master Plan”.
ATTACHMENT 1
MASTER PLAN
See attached drawing.
PAD 10 SKATEPARK - REDONDO BEACH, CA
SHEET TITLE
THE USE O( THESE PLANS SHALL BE RESTRICTED TO THE ORIGINAL SITE (OR 9HICH THE; 9ERE PREPARED, AND PUBLICATION THEREO( IS LIMITED TO SUCH USE. REPRODUCTION, PUBLICATION OR REUSE O( THESE PLANS OR CONCEPTS B; AN; METHOD, IN 9HOLE OR PART, 9ITHOUT E:PRESS 9RITTEN CONSENT (ROM SPOHN RANCH, INC. IS PROHIBITED. TITLE TO THESE PLANS AND CONCEPTS BELONGS TO SPOHN RANCH, INC. 9ITHOUT PRE,UDICE. 8ISUAL CONTACT 9ITH OR AN; OTHER USE O( THE PLANSET SHALL CONSTITUTE ACCEPTANCE O( THESE RESTRICTIONS. COP;RIGHT l 01 SPOHN RANCH, INC.
PRO,ECT TITLE
DESIGN. BUILD. COME TOGETHER. S. CENTINELA A8E - LOS ANGELES, CA 00 MASTER PLAN O((ICE
0-0 ` (A:
0-0 AESTHETIC
E:ISTING MATCH
B; CIT;
E:TENSION RAILINGGRIND RAIL
1 - H
(LAT STEP
1 - H
3UARTER-PIPE
H
BANK RAMP
- H
CUR8ED 3UARTER-PIPE
H
3UARTER-PIPE
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BANK E:TENSION
H
CUR8ED GRIND LEDGE
1 - H
KICKER RAMP
1 - H
SPHERE BOLLARD
- H
BANK BLEND BANK
1 - H
HIPPED SLAPP;
H
CURB
10 - - H
ELE8ATED STAGE TIERED MANUAL PADS PARKING STRUCTURE
E
ACCESS RAMP
E
1 -0 -
1 -0
-0
-
1 -
-
0 -0
-0
-
1
- 1
1 AESTHETIC
MATCH E:ISTING RAILING
B; CIT;
1 -0
-0 9OMEN S RESTROOM CUSTODIAL MEN S RESTROOM TRASH ROOM ELECTRICAL ROOM EDISON 8AULT STORAGE