1 SECOND AMENDMENT TO THE AGREEMENT
FOR CONSULTING SERVICES BETWEEN
THE CITY OF REDONDO BEACH
AND AGA ENGINEERS, INC.
THIS SECOND AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES (“Second Amendment”) is made between the City of Redondo Beach, a chartered municipal corporation (“City”) and AGA Engineers, Inc., a California corporation (“Contractor” or “Consultant”).
WHEREAS, on February 19, 2019, the City and Albert Grover & Associates, Inc. a California corporation (“Prior Consultant”) entered into the Agreement for Consulting Services between the City and Prior Consultant (the "Agreement"); and
WHEREAS, on July 7, 2020, the City, Consultant, and the Prior Consultant entered into a Consent to Assignment whereby the Prior Consultant assigned the Agreement to Consultant; and
WHERAS, on December 1, 2020, the City and Consultant entered into the First Amendment (the “First Amendment”) to increase the Consultant’s total compensation; and WHEREAS, the Agreement is set to expire December 31, 2022; and WHEREAS, the parties desire to extend the term of the Agreement and provide additional compensation for the increased term.
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. SCHEDULE FOR COMPLETION. Exhibit “B” of the Agreement is hereby amended to add Exhibit “B-2”, which extends the Agreement to December 31, 2024. Exhibit “B2” is attached hereto and incorporated by reference. Consultant shall commence and complete all services described in Exhibit “A” in accordance with the schedule set forth in Exhibit “B-2”.
2. COMPENSATION. Exhibit “C” of the Agreement is hereby amended to add Exhibit “C-2” to increase the limit for the total compensation paid to Consultant by $100,000 for a total compensation limit of $300,000. Exhibit “C-2” is attached hereto and incorporated by reference. Consultant shall be compensated for the services described in Exhibit “A” of the Agreement.
3. NO OTHER AMENDMENTS. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement, First Amendment, and this Second Amendment constitute the entire agreement between 2 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, First Amendment, and this Second Amendment, the terms of this Second Amendment shall govern.
3 IN WITNESS WHEREOF, the parties have executed this Second Amendment in Redondo Beach, California, as of this 13th day of December, 2022.
CITY OF REDONDO BEACH, AGA ENGINEERS, INC.,
a chartered municipal corporation a California corporation ___________________________ By: _______________________ 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
4 EXHIBIT “B-2”
SCHEDULE FOR COMPLETION
TERM. The term of the Agreement shall be extended to December 31, 2024 (“Term”), unless otherwise terminated as herein provided.
5 EXHIBIT “C-2”
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
I. AMOUNT. Consultant shall perform the work for all City approved Task Proposal(s) in accordance with the attached hourly rate schedule, which is hereby incorporated.
II. EXPENSES. Consultant shall be reimbursed for expenses in accordance with the attached schedule. If Consultant requires reimbursement for expenses not provided on the attached schedule, including but not limited to, mileage, reproduction costs, and subcontractor markup, Consultant shall not be reimbursed without a subsequent written amendment, which shall be at the sole discretion of the city.
III. NOT TO EXCEED AMOUNT. In no event shall the total amount paid to the Consultant, including reimbursable expenses, exceed $300,000 during the term of this Agreement.
IV. METHOD OF PAYMENT. Consultant shall provide monthly invoices to City for approval and payment for those services performed in the month prior to invoice submission. Invoices must include the following information.
A. Task number.
B. All personnel who performed work on the Task.
C. Description of the work performed.
D. Number of hours worked.
E. Hourly rate.
F. All city approved and documented subcontractor invoices.
G. If applicable, expenses incurred.
Invoice must be itemized, adequately detailed, based on accurate records, in a form reasonably satisfactory to the City. Invoices must attach the prior written authorization of the City and copies of receipts to substantiate expense requests. Consultant may be required to provide back-up material upon request. If no work is performed in a given month, no invoice is required.
Within the approved amount of each approved Task Proposal, and with the written approval of the City, a portion of the amount from the line item of the task may be allocated to another line item task so long as the total amount approved for the Task Proposal as described in Exhibit “A” in not exceeded.
V. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within thirty (30) days after receipt of Consultant’s monthly invoice; provided, however, that services are completed to the City’s reasonable satisfaction and there is no dispute over the amount.
6 VI. 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: AGA Engineers, Inc.
211 Imperial Highway, Suite 208
Fullerton, CA 92835
Attn: Chalap K. Sadam, P.E.
City: City of Redondo Beach
Public Works Department, Engineering Services Division
415 Diamond Street
Redondo Beach, CA 90277
Attn: Andrew Winje, City Engineer
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. 7 Schedule of Hourly Rates
Effective January 1, 2023 to December 31, 2024
President/Executive Vice President $ 280
Vice President $ 255
Director of Project Development $ 230
Principal Transportation Engineer $ 230
Senior Transportation Engineer $ 205
Senior Project Engineer/Project Manager $ 205
Senior Design Engineer/Senior Project Development Manager $ 190 Advanced System Integrator $ 185
Senior Associate/Senior Project Engineer $ 180
Transportation Engineer/System Integrator $ 175
Senior Signal Systems Specialist/Construction Inspector $ 170 Design Engineer/Signal Systems Specialist $ 155
Associate Transportation Engineer III $ 145
Associate Transportation Engineer II $ 140
Associate Transportation Engineer I $ 130
Project Coordinator $ 125
Associate Engineer II $ 120
Associate Engineer I/CAD Operator $ 115
Project Administrator $ 105
Assistant Transportation Engineer/Assistant Project Coordinator $ 95 Signal System Technician I-III $ 90-120
Traffic Enumerator/Engineering Aide II $ 80
Engineering Aide I $ 55
Council/Commission Meetings, Hearings, etc. (Billing Rate + $50 Surcharge) $ 1,000 Expert Witness (Billing Rate + $50 Surcharge) $ 1,000
Expert Witness - Deposition/Court (Billing Rate + $100 Surcharge) $ 1,000 Subconsultants will be billed at cost + 20%
AGA Engineers, Inc.
211 Imperial Highway, Suite 208, Fullerton, CA 92835
(714) 992-4592 E-Mail: [email protected]