1 SIXTH AMENDMENT TO AGREEMENT FOR CONSULTING
SERVICES BETWEEN THE CITY OF REDONDO BEACH AND PLACEWORKS, INC.
THIS SIXTH AMENDMENT TO THE AGREEMENT FOR CONSULTING
SERVICES ("Fifth Amendment") is made between the City of Redondo Beach, a Chartered Municipal Corporation ("City'') and PlaceWorks, Inc., a California corporation ("Consultant" or "Contractor").
WHEREAS, on October 4, 2016, the parties hereto originally entered into that certain Agreement for Consulting Services between the City and Consultant ("Agreement”); and
WHEREAS, on December 19, 2017, the parties hereto entered into that certain First Amendment to the Agreement between the City and Consultant ("First Amendment”); and
WHEREAS, on April 16, 2019, the parties hereto entered into that certain Second Amendment to the Agreement between the City and Consultant ("Second Amendment”); and
WHEREAS, on March 17, 2020, the parties hereto entered into that certain Third Amendment to the Agreement between the City and Consultant (“Third Amendment”); and
WHEREAS, on October 4, 2022, the parties hereto entered into that certain Fourth Amendment to the Agreement between the City and Consultant (“Fourth Amendment”), and
WHEREAS, on February 21, 2023, the parties hereto entered into that certain Fifth Amendment to the Agreement between the City and Consultant (“Fifth Amendment”), and
WHEREAS, City and Consultant desire to amend the Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, and Fifth Amendment (collectively “Amended Agreement”) pursuant to the terms and conditions set forth herein.
NOW, THEREFORE, the parties hereby agree to make the following amendments to the Amended Agreement:
SECTION 1. EXHIBIT "A" PROJECT DESCRIPTION AND/OR SCOPE OF SERVICES of the Amended Agreement is hereby amended to add the following scope of services:
2 Task 2.4: Community Workshops
Additional time for PlaceWorks to adequately prepare for General Plan Community Workshop (one for GP rollout and one for Zoning/LCP).
Deliverable(s):
Additional time to prepare and facilitate the General Plan Community Workshop Task 4.6: Prepare GP/Article XXVII MOU
PlaceWorks shall prepare a detailed memorandum providing an overview of the difference between General Plan CEQA buildout analyses needed and those needed for Article XXVII and proper application to be placed on the ballot.
PlaceWorks shall revise assumptions and scope of the analyses to comply with Article XXVII requirements (as compared to CEQA Buildout Analysis) used to update Traffic Model Inputs that resulted from a change to the Artesia Aviation Corridor Area Plan (AACAP) assumptions to a 1.5 FAR as directed by City Council.
Deliverable(s):
Updated buildout comparison memorandum and calculation revisions to include AACAP 1.5 FAR changes as directed by City Council
Task 7.3: Element Production
Additional budget to address edits and refinements to the General Plan from City Departments and any final revisions as directed by City Council upon adoption.
Deliverable(s):
Updated Draft General Plan and Final General Plan Document (digital) Task 8.3: Program Environmental Impact Report
This task includes adjustments for rate changes, and additional analysis for Zoning and Local Coastal Program Amendments not previously included in the scope of the Program EIR and prior authorizations.
Deliverable(s):
• Additional section within Program EIR to address changes to the Zoning Code and Local Coastal Program
Task 8.9: CEQA Project Management
This task covers the additional time needed for routine project management, including regular project progress calls and check ins related to the efficient completion of the environmental analysis and (Program Environmental Impact Report) in support of the zoning changes and LCP Amendment that are in addition to the General Plan discussions. No in person meetings are assumed at this time. 3 Deliverable(s):
Bi-weekly virtual meetings (through November 2024)
Task 9.6 Article XXVII Traffic Impact Analysis
Article XXVII stipulates specific analysis methods that exceed the level of analysis required by the City of Redondo Beach’s transportation impact study guidelines In the Fourth Amendment, Fehr & Peers estimated 33 total study intersections for Article XXVII based on direction from the City on anticipated areas of change that would meet the Article XXVII thresholds. The locations were predominantly within the 3,000 feet radius of the Housing Element inventory sites.
Many additional parcels have been determined to have the potential for a major change in allowable land use from what was evaluated in July 2022.
Fehr & Peers conducted a 3,000’ buffer analysis of all final parcels that could potentially qualify as a major change in allowable land use. The combined buffers include all of the City of Redondo Beach, as well as additional locations within the City of Hermosa Beach.
As a result, Fehr & Peers will collect counts at a total of 101 locations, inclusive of peak period (four hour) intersection turning movement traffic volumes, pedestrian/bicycle, and/or 24-hour roadway segment volumes, a net increase of up to 68 study locations from what was approved in the fourth amendment. Net direct cost increase for data collection is $4,000 beyond what was previously authorized.
Fehr & Peers will develop a Synchro traffic analysis model for existing conditions to be used by Public Works staff for future studies and infrastructure planning.
Fehr & Peers will provide future conditions analysis for the locations needed for the Article XXVII analysis, which will be inclusive of the HCM, ICU and HCM Urban Arterials methodologies as required by Article XXVII.
Deliverable(s):
• Citywide Synchro signalized intersection traffic analysis model for Article XXVII needs and for future use by Public Works for infrastructure development and future studies
• Counts at up to 68 additional study locations (101 total) • Article XXVII analysis at up to 68 additional study locations (101 total) TASK 10.1: PROJECT MANAGEMENT
4 Extend Project Management for an additional 12 months for anticipated project completion in November 2024. This task covers the additional time needed for routine project management, interdepartmental coordination and follow-up related to the efficient completion of the General Plan, CEQA documents, zoning changes and LCP Amendment. As needed virtual coordination through November 2024 is assumed.
Deliverable(s):
Project Management coordination time through November 2024 TASK 10.2: PROJECT TEAM MEETINGS
Extend Team Meetings for an additional 12 months for anticipated project completion in November 2024. This task covers the additional time needed for regular project progress calls and check ins related to the efficient completion of the General Plan, CEQA documents, zoning changes and LCP Amendment. Bi-weekly virtual meetings through November 2024. No in person meetings are assumed at this time.
Deliverable(s):
Bi-weekly virtual meetings through November 2024
(New)Task 14. ARTICLE XXVII ANALYSIS
Preparation of studies and identified measures required to meet the provisions Sections
27.4 b and 27.5 a. 3 & 4 of Article XXVII (was not previously scoped). Analysis includes a description of the mitigations/measures identified/recommended to minimize neighborhood impacts and incompatibility as it relates to the Article XXVII buildout calculation assumptions. This assumes up to 60 hours of time for Placeworks staff and additional traffic analysis that includes:
Fehr & Peers will test up to 8 prototypical intersection operational improvements (not CEQA traffic mitigation measures as they no longer apply to CEQA) to address intersections that are determined to operate at LOS E or F based on the Article XXVII analysis. These operational improvements will be tested in the Synchro software program using the HCM methodology, so that the benefits of signal phasing, roadway restriping, and other improvements that can be accommodated within existing rights of way can be determined.
The 8 prototypical mitigation measures will then be qualitatively evaluated to determine the types and locations of intersections where they could be applicable, and the potential benefit will be described. Mitigation measures will be described in narrative form, with a map indicating the potential locations where the prototypical measures may also apply also being prepared.
Only qualitative mitigation measures at all intersections that are ultimately determined to operate at LOS E or F are included. Conceptual traffic improvement plan graphics at 5 impacted intersections requiring mitigation could be provided, if requested, for a separate scope and fee.
Deliverable(s):
Report/document/memorandum to accompany Article XXVII ballot materials (New) Task 15: AS-NEEDED STAFF SUPPORT SERVICES FOR THE GENERAL PLAN
Time and materials as needed to prepare necessary documents in support of the General Plan update and Zoning Ordinance and LCP consistency updates that are not otherwise identified in this scope. Assistance may include, but is not limited to preparation and posting of website content, interdepartmental coordination, research, and follow-up actions needed to resolve questions or issues as directed by the Community Development Director.
Deliverable(s):
• Meeting attendance or preparation of materials as needed and directed by the City.
(New Optional) Task 16: BALLOT MEASURE PREPARATION SUPPORT Time and materials as needed to prepare necessary documents in support of required ballot measure for the General Plan update and Zoning Ordinance and LCP consistency updates.
Deliverable(s):
• Meeting attendance or preparation of materials as needed and directed by the City.
SECTION 3. EXHIBIT "C" COMPENSATION of the Amended Agreement is hereby amended and revised to increase the total cost for this Sixth Amendment in the amount of $295,225 which increases the total compensation amount from $1,977,147 to an amount not to exceed $2,272,372.
6 Standard Fee Schedule
Compensation
The compensation to perform the additional scope of work shall not exceed $295,225.
Table 1. Compensation
TASK SIXTH AMENDMENT
AUGMENT
LABOR EXPENSES
Task 2.4 Community Workshop & Survey/Online Feedback
This request is to supplement the General Plan workshop amount, which was budgeted 6 years ago at the outset of the project $6,000
Task 4.6: Prepare GP/Article XXVII MOU
Article XXVII Final Edits/Refinements to the Buildout Analysis used for the Traffic Model Inputs (Aviation 1.5 FAR updates upon City Council direction) $2,500
Task 7.3 Element Production
Additional budget to address edits and refinements to the General Plan from City Departments and any final revisions as directed by City Council upon adoption $21,000
Task 8.3: Program Environmental Impact Report
Additional section of EIR required to meet the provisions of Article XXVII $10,600 Task 8.9: CEQA Project Management
Extend CEQA Project Management budget an additional 12 months for project completion in November 2024, and management of two additional subconsultants (Cogstone (Historic and Cultural) and ECORP (Noise)) which was not originally scoped. $9,120
Task 9.6: Article XXVII Traffic Impact Analysis $152,020 7 Table 1. Compensation
TASK SIXTH AMENDMENT
AUGMENT
Conduct Article XXVII traffic analysis at up to 68 additional study locations. Collect traffic counts at up to 68 additional locations (for 101 total). Prepare citywide Synchro signalized traffic analysis model for Article XXVII needs and for future infrastructure planning/studies by Public Works staff.
Task 10.1: Project Management
Extend CEQA Project Management budget an additional 12 months for project completion in November 2024.
$5,000
Task 10.2: Project Team Meetings Extend Team Meeting budget an additional 12 months for project completion in November 2024. $22,440
Expenses
Additional expenses for Fehr & Peers (traffic counts related to Article XXVII) $4,400
NEW TASKS
(New) Task 14 Article XXVII Analysis
Preparation of study required to meet the provisions Sections 27.4 b and 27.5 a. 3 & 4 of Article XXVII (not previously scoped). This (New) “Task” also includes the Article XXVII Prototypical Traffic Operational Enhancements as determined by F&P. $38,145
(New) Task 15. As-Needed Staff Support Services for the General Plan Time and materials as needed and as directed by the Community Development Director to prepare necessary documents in support of the General Plan update and Zoning Ordinance and LCP consistency updates that are not otherwise identified in this scope. $16,000
(New Optional) Task 16 Ballot Measure Support/Preparation Time and Materials as needed to prepare any materials necessary to support the General Plan Update, and Zoning Changes/LCP edits for anticipated ballot measure process. $8,000
Grand Total Labor $295,225
SECTION 4. MODIFICATION
Except as expressly set forth herein, the Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment and Fifth Amendment shall continue in full force and effect. The Agreement together with the First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment and this Sixth Amendment constitute the entire agreement between the parties and supersedes any previous oral or written agreement. In the event of any inconsistency between this Sixth Amendment and the Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment and Fifth Amendment the terms of this Sixth Amendment shall prevail. This Sixth Amendment may be modified or amended only by a subsequent writing executed by all of the parties and approval by the City Council. 8 [SIGNATURES ON FOLLOWING PAGE]
9 IN WITNESS WHEREOF, the parties have entered into this Sixth Amendment as of this 12th day of March 2024.
CITY OF REDONDO BEACH PLACEWORKS, INC.
A chartered municipality a California Corporation
_____________________ By: ________________________
James A. Light, Mayor Name: _____________________
Title: ______________________
ATTEST: APPROVED
________________________ __________________________
Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
___________________________
Michael W. Webb, City Attorney
Principal
Wendy Nowak
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS
NON-OWNED
OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH- STATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY)
POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PROJECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2016 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
5,000,000
EPK144434
5,000,000
LOS-002288075-18
1,000,000
X
25674
Irvine, CA 92614
N
X
Comp/Coll Deductibles
BI & PD Ded. $5,000
07/01/2023
07/01/2024
07/01/2023
BA1N96406A2343G
Errors & Omissions-Claims Made
B
5,000,000
5,000,000
N/A
Travelers Property Casualty Co. of America
1,000,000
X
A
X
1,000
06/29/2023
07/01/2023
5,000,000
The City of Redondo Beach, its officers, elected, and appointed officials, employees, and volunteers are included as additional insured (except workers’ compensation) where required by written contract. This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract with respect to General Liability.
X
Contractors Pollution
Redondo Beach, CA 90277
City of Redondo Beach
X
A
N/A
CN115158923--01-23-24
Each Claim/Aggregate
5,000
07/01/2024
1,000,000
Retro Dates: See 2nd Page
5,000,000
44520
50,000
1,000,000
07/01/2024
UB7K7286762343G
17901 Von Karman Avenue, Suite 1100
Marsh Risk & Insurance Services
(949) 399-5800; License #0437153
Attn: [email protected]/F: 212-948-4323 3 MacArthur Place, Suite 1100
PlaceWorks, Inc
Santa Ana, CA 92707
EPK144434
07/01/2023
415 Diamond Street
B
07/01/2024
Crum & Forster Specialty Insurance Co
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:
LOC #:
AGENCY
CARRIER NAIC CODE
POLICY NUMBER
NAMED INSURED
EFFECTIVE DATE:
2 2
Irvine
Subject to policy terms, conditions, limitations and exclusions.
Errors & Omissions Retro Dates:
1/1/87 - Design Community & Engineering Inc.
7/1/99 - Planning Center, Inc.
Certificate of Liability Insurance
CN115158923
Marsh Risk & Insurance Services
3 MacArthur Place, Suite 1100
PlaceWorks, Inc
Santa Ana, CA 92707
25 Policy# BA1N96406A2343G - Effective 07/01/2023
Policy# BA1N96406A2343G - Effective 07/01/2023
Policy# BA1N96406A2343G - Effective 07/01/2023
Policy# BA1N96406A2343G - Effective 07/01/2023
Policy EPK-144434 Effective 7/1/20'23 - 7/1/2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Addttlonal Person(s} or Organtzatlon(s}: Location And Description Of Completed Operations Where Required By Written Contract. Where Required By Written Contract.
Information required to complete this Schedule, if not shown above, will beshown in the Declarations.
A. Section Ill - Who Is An Insured within the Common
Provisions is amended to include as an insured
the person(s) or organization(s) shown in the
Schedule, but only with respect to liability for
"bodily injury'' or "property damage" caused, in
whole or in part, by ''your work" at the location
designated and described in the schedule of this
endorsement performed for that additional
insured and included in the "products-completed
operations hazard".
EN0320-0211 Page 1 of 1
Policy EPK-144434 Effective 7/1/2023 - 7/1/2024
· · _' . pan of tile FAIRE.U gtoup
THIS ENDORSEMENT .CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NON--CONTRlBUTORY ADDITIONAL
INSURED WITH WAIVER OF SUBROGATION
This endorsement modifies insurance provided under 1he following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CON1 'RACTORS POLUJT"ION LIABILITY COVERAGE PA.RT
ERRORS AND OMISSIONS LIABILITY COVERAGE PART
THIRD PARTY POLLUTION LIABILITY COVERAGE PA,RT
SCHEDULE
Name of Additional Insured Person(sl or Oraanlzallonfs) Where Required byWritten Contract
A. SECTION Ill - WHO IS AN INSURED within the C:ommon Provisions is amended to include as an additional insured the person(s) or organization{s) indicated in the Schedule shown above, but solely with respect to "claims" caused in whole or in part, by ''your work· for that person or organizafion performed by you, or by those acting on your behalf.
This insurance shall be primary and non-contributory, but only in the event of a: named lnsur:ed's sole negligence.
B. We waive any right of recovery we may have against the person(s) or organization{s) indicated In the Schedule shown above because of payments we make for "damages" arising out of "your work" perfooned under a designated project or contract with that person(s) or organizatlon(s ).
C. This Endorsement dc:>es not reinstate or increase th� Limits of Insurance applle.able to any "claim" lo which the coverage afforded by this Endorsement applies.
ALL OTHER TERMS AND CONDmONS OF THE POLICY REMAIN UNCHANGED.
EN0118-0211 Page 1 of 1