1 FIRST AMENDMENT TO THE AGREEMENT
FOR CONSULTING SERVICES BETWEEN
THE CITY OF REDONDO BEACH AND CWE
THIS FIRST AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES (“First Amendment”) is made between the City of Redondo Beach, a chartered municipal corporation (“City”) and CWE a California corporation (“Contractor” or “Consultant”).
WHEREAS, on October 19, 2021, the City entered into the Agreement for Consulting Services between the City and CWE a California corporation (the "Agreement"); and WHEREAS, the City and the 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. TERM AND TIME OF COMPLETION. Exhibit “B” of the Agreement is hereby amended to add Exhibit “B-1”, which extends the Agreement to October 18, 2025.
Exhibit “B-1” is attached hereto and incorporated by this reference. Consultant shall commence and complete all services described in Exhibit “A” in accordance with the schedule set forth in Exhibit “B-1”.
2. COMPENSATION. Exhibit “C” of the Agreement is hereby amended to add Exhibit “C-1” to increase Consultant’s compensation limit by $100,000, setting a new total compensation limit of $200,000. Exhibit “C-1” is attached hereto and incorporated by this reference. Consultant shall be compensated for the services described in Exhibit “A” of the Agreement.
3. INSURANCE. Exhibit “D” of the Agreement is hereby amended to add Exhibit “D-1”, which raises the general liability coverage from $1,000,000 to $2,000,000. Exhibit “D-1” is attached hereto and incorporated by this reference. Consultant shall comply with the requirements set forth in Exhibit “D-1”.
4. NO OTHER AMENDMENTS. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement and 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. 2 IN WITNESS WHEREOF, the parties have executed this First Amendment in Redondo Beach, California, as of this 17th day of October, 2023.
CITY OF REDONDO BEACH, CWE,
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
3 EXHIBIT “B-1”
TERM AND TIME OF COMPLETION
The term of this Agreement shall be extended to October 18, 2025 (“Term”), unless otherwise terminated as herein provided.
4 EXHIBIT “C-1”
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 $200,000 during the term of the Agreement and any amendments thereto.
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.
5 VI. NOTICE. Written notices to City and Consultant shall be given by email or registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Consultant: CWE
1561 E. Orangethorpe Avenue, Suite 240
Fullerton, California 92831
Attn: Vik Bapna
Email: [email protected]
City City of Redondo Beach
Public Works Department, Engineering Services Division
415 Diamond Street
Redondo Beach, CA 90277
Attn: Andrew Winje, City Engineer
Email: [email protected]
All notices, including notices of address changes, provided under this Agreement are deemed received on the second business day after emailing and the third business 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.
6 FY 2023-24 Rate Sheet
Engineer/Scientist Rate/Hour
Principal $330
Senior Project Manager $317
Project Manager $283
Technical Manager $255
Task Leader $230
Principal Engineer $215
Senior Engineer $197
Project Engineer $184
Staff Engineer $163
Assistant Engineer $122
Senior Environmental Scientist $195
Environmental Scientist $150
Environmental Analyst $110
Construction Services
Construction Manager $220
Senior Construction Inspector $162
Construction Inspector $153
Field Survey
Licensed Surveyor $211
3-Person Survey Crew $403
2-Person Survey Crew $329
Support Services
Landscape Architect $210
GIS Specialist $150
Senior Engineering Technician $120
Engineering Technician $105
CADD Designer $100
Project Coordinator $140
Graphic Designer $139
Administrative Assistant $132
General
Direct Expenses Cost + 10%
Subcontract Services Cost + 10%
Specialized Computer Applications(per hour) $15
Mileage Current IRS Rate
Field Vehicle – Hourly $12/hour
Field Vehicle – Daily $80/day
Field Vehicle – Monthly $1,500/month
B&W Photocopies (per page) $0.10
Color Photocopies (per page) $0.50
Based on CWE maintaining General Liability Insurance for bodily injury and property damage with an aggregate limit of $2,000,000 per occurrence. In the event the client desires additional coverage, CWE will, upon the client's written request, obtain additional insurance and adjust the above billing rates accordingly. 7 EXHIBIT “D-1”
INSURANCE REQUIREMENTS FOR CONSULTANTS
Without limiting Consultant’s indemnification obligations under this Agreement, Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
Workers’ Compensation insurance as required by the State of California.
Employer’s Liability Insurance.
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project.
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
8 Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
General Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of work performed by or on behalf of the Consultant. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance, or as a separate owner’s policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant.
For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project.
The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Consultant’s part.
Acceptability of Insurers
Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
9 Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City’s requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements shall be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
Subcontractors
Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
Consultant acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.