FIRST AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND WALLACE & ASSOCIATES CONSULTING LLC
THIS FIRST AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES (“First Amendment”) is made and entered into on May 16, 2023, by and between the City of Redondo Beach, a chartered municipal corporation (“City”), and Wallace & Associates Consulting, LLC a Delaware limited liability company (“Contractor” or “Consultant”).
WHEREAS, on November 16, 2021, the City and Wallace & Associates Consulting, LLC, a Delaware limited liability company (“W&A”), entered into an Agreement for Consulting Services (the “Agreement”); and
WHEREAS, the City and Consultant desire to amend the Agreement.
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. Exhibit “A” of the Agreement is hereby amended to add Exhibit “A-1” to provide that Consultant shall perform additional construction management, construction inspection, and material testing for the Alta Vista Sewer Pump Station Project, Job No. 50300; and add the Portofino Way and Yacht Club Way Sanitary Sewer Pump Stations, Job Nos. 50210 & 50260, to the scope of services. Exhibit "A-1" is attached hereto and incorporated by reference.
2. TERM OF TIME OF COMPLETION. Exhibit “B” of the Agreement is hereby amended to add Exhibit “B-1”, which extends the Agreement to May 1, 2026. Exhibit “B-1” is attached hereto and incorporated by reference. Consultant shall commence and complete all services described in Exhibits “A” and “A-1” of the Agreement in accordance with the schedule set forth in Exhibit “B-1”.
3. COMPENSATION. Exhibit “C” of the Agreement is hereby amended to add Exhibit “C-1” to increase the Consultant’s compensation by $714,302 to provide for a total limit on Consultant’s compensation in the amount of $1,021,476. Exhibit “C-1” is attached hereto and incorporated by reference. Consultant shall be compensated for the services described in Exhibits “A” and “A-1”.
4. NO OTHER AMENDMENTS. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement and this 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 govern.
IN WITNESS WHEREOF, the parties have executed this First Amendment in Redondo Beach, California, as of this 16th day of May, 2023.
CITY OF REDONDO BEACH, WALLACE & ASSOCIATES CONSULTING, LLC a chartered municipal corporation a Delaware limited liability company __________________________ 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
EXHIBIT “A-1”
PROJECT DESCRIPTION AND SCOPE OF SERVICES
CONSULTANT’S DUTIES
A. Project Description
Consultant shall perform the duties described in this section for the Alta Vista Sewer Pump Station Project, Job No. 50300, and Portofino Way and Yacht Club Way Sanitary Sewer Pump Stations, Job Nos. 50210 & 50260 (collectively the "Project"). The Project includes pump station, force main, and sanitary sewer improvements as described in the Project plans and specifications.
B. Tasks
Consultant shall assist City staff with overall construction management, construction inspection, and material testing for the Project and coordinate all communications between the City and the Project Construction Contractor (“Project Contractor”) as described below.
1. Task 1 – Construction Management
Consultant shall:
a. Function as a member of the Project team.
b. Assist the City and the Project Contractor with utility coordination and relocation, as requested by the City.
c. Ensure that the Project is completed in a timely, safe, and professional manner.
d. Monitor the Project Contractor to ensure contract fulfillment, including compliance with the schedule and working days.
e. Maintain a redline set of construction plans for the Project. f. Maintain Project files.
g. Provide written and verbal communications.
h. Evaluate and advise City staff on all change order requests, claims, and disputes.
i. Review requests for information ("RFI"), submittals, change orders, and progress payments.
j. Provide weekly reports.
k. Attend regular Project meetings, including but not limited to pre-construction, weekly progress meetings, and any community outreach meetings, as requested by the City.
2. Task 2: Inspection
Consultant shall:
a. Function as a member of the Project team.
b. Coordinate and communicate the progress of the work with the Project Contractor, City staff, residents, property owners, and business owners. c. Assist the Project Contractor with notifications to residents and business owners regarding easement access.
d. Ensure the Project Contractor maintains the job site in a safe and clean manner and acts in accordance with Best Management Practice provisions to comply with the National Pollution Discharge Elimination System ("NPDES") and the Storm Water Pollution Prevention Plan ("SWPPP"). e. Ensure that the Project is completed in a timely, safe, and professional manner.
f. Notify the Project Contractor of any construction violation and request immediate corrective actions be implemented. Notify the City's designated Project Manager of the situation immediately.
g. Prepare daily inspection/observation reports for each project. h. Inspect material deliveries to ensure compliance with plans and specifications.
i. Maintain the Project records, weigh tickets, and deliver them to the City's designated Project Manager.
j. Observe daily activities and material testing as required by any rules, regulations, laws, and standards.
k. Ensure the project complies with all applicable permits and regulations, including but not limited to traffic control and Coastal Commission. l. Coordinate soil inspection, field tests, deputy and special inspection and testing, and/or Quality Assurance/Quality Control surveying with the Project Contractor.
m. Provide daily reports for each project.
n. Determine when the Project Contractor's work and/or a designated portion thereof is complete.
o. Review and verify bid item quantities purchased for payment requests. p. Prepare a list of incomplete and/or unsatisfactory items (punch list items) and closeout documents for the Project Contractor.
q. Attend regular Project meetings, including but not limited to pre-construction, weekly progress meetings, and any community outreach meetings.
EXHIBIT “B-1”
SCHEDULE FOR COMPLETION
TERM. The term of the Agreement shall be extended to May 15, 2026, unless otherwise terminated as herein provided.
EXHIBIT “C-1"
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below:
A. AMOUNT. Consultant shall be paid according to the following hourly rates, inclusive of all burdens:
For weekday or Saturday overtime, a multiplier of 1.4 will be added to the hourly rate. For Sunday and holiday inspection, the hourly rate will be two times the above rate, subject to the prior written approval of the City.
B. EXPENSES. Consultant shall be reimbursed for expenses as detailed below, provided that the City has given prior written approval for incurring such expenses, and that receipts for such expenses are submitted by Consultant:
1. Travel and mileage, telephone, and reference materials: At cost
2. Plan reproduction, large printing jobs, and delivery/mail: Cost plus 12%
3. Subcontractor: Subcontractor rate plus 8%
C. NOT TO EXCEED AMOUNT. The total compensation to be paid to Consultant, including reimbursable expenses, shall not exceed $1,021,476 during the term of this Agreement.
D. METHOD OF PAYMENT. Consultant shall submit monthly invoices to the City for approval and payment. The invoices shall describe the work performed, staff title, hours worked, and hourly rate. Consultant shall attach all City-approved and documented subcontractor invoices and, if applicable, receipts to substantiate expense requests.
Invoices must be detailed, accurate, and in a form acceptable to the City. Consultant may be required to provide additional documentation upon request.
E. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within 30 days of receipt of the monthly invoice, provided that the City's payments shall not exceed the portion of the phase or task completed, and the services are completed to the City's reasonable satisfaction.
Staff Hourly Rate
(Fully Burdened)
Project Principal $190
Project Manager $160
Senior Construction Manager $184
Senior Construction Inspector $144
Project Administrator/Coordinator $86
F. NOTICE. Written notices to the City and the Consultant shall be given by registered or certified mail, postage prepaid, or personally served. The parties' contact information for receiving notices is:
Consultant: Wallace & Associates Consulting, LLC
2677 N. Main Street, Suite 410
Santa Ana, CA 92705
Attention: Craig Halvorson, Director
City: City of Redondo Beach
415 Diamond Street
Public Works, Engineering Division
Redondo Beach, CA 90277
Attention: Andrew S. Winje, City Engineer
All notices, including those for address changes, provided under this Agreement are deemed received three days after mailing by registered or certified mail. The parties may update their respective contact information by providing written notice to the other party.