1 FIFTH AMENDMENT TO
AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND PACIFIC ADVANCED CIVIL ENGINEERING, INC.
THIS FIFTH AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES (“Fifth Amendment”) is made between the City of Redondo Beach, a chartered municipal corporation (“City”) and Pacific Advanced Civil Engineering Inc., a California corporation (“Consultant”) WHEREAS, on July 5, 2016, the parties originally entered into the Agreement for Consulting Services between the City and Consultant (the “Agreement”); and WHEREAS on September 6, 2016, the parties entered into a First Amendment to the Agreement (“First Amendment”) to modify the scope of services, and increase Consultant's total compensation limit to the amount of $693,077; and WHEREAS on May 7, 2019, the parties entered into a Second Amendment to the Agreement ("Second Amendment") to modify the scope of services, extend the term of the Agreement to May 7, 2024, and reallocate the amounts designated to each task; and WHEREAS, on October 15, 2019, the parties entered into a Third Amendment to the Agreement ("Third Amendment”) to modify the scope of services, and increase Consultant's total compensation limit to the amount of $753,077; and WHEREAS, on July 13, 2021, the parties entered into a Fourth Amendment to the Agreement ("Fourth Amendment”) to modify the scope of services, and increase Consultant's total compensation limit to the amount of $842,517; and WHEREAS, the parties desire to amend the Agreement to increase Consultant’s total compensation limit and extend the term of the Agreement to May 7, 2026.
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. Exhibits "A” to “A-4” of the Agreement are hereby amended to add Exhibit "A-5", which adds new the duties. Exhibit “A-5” is attached hereto and incorporated by this reference.
2. TERM AND TIME OF COMPLETION. Exhibits “B” to “B-3“ of the Agreement are hereby amended to add Exhibit “B-4”, which extends the Agreement to May 7, 2026.
Exhibit “B-4” is attached hereto and incorporated by this reference. Consultant shall commence and complete all services described in Exhibits “A” to “A-4” of the Agreement in accordance with the schedule set forth in Exhibit “B-4”.
3. COMPENSATION. Exhibits "C" to "C-4" of the Agreement are hereby amended to add Exhibit "C-5" to increase Consultant’s compensation limit by $34,995, setting a new total compensation limit of $877,512. Exhibit “C-5” is attached hereto and incorporated 2 by this reference. Consultant shall be compensated for the services described in Exhibits "A" to "A-5" of the Agreement.
4. INSURANCE. Exhibit “D” of the Agreement is hereby amended to add Exhibit “D1” to raise the Consultant’s general liability coverage from $1 million to $2 million dollars. Exhibit “D-1” is attached hereto and incorporated by this reference.
Consultant shall comply with the insurance requirements in Exhibit “D-1”
5. NO OTHER AMENDMENTS. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, and this Fifth 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 any of its amendments, the terms of this Fifth Amendment shall prevail. 3 IN WITNESS WHEREOF, the parties have executed this Fifth Amendment in Redondo Beach, California, as of this 7nd day of May, 2024.
CITY OF REDONDO BEACH, PACIFIC ADVANCED CIVIL ENGINEERING, a chartered municipal corporation INC., 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
VP
ANDREW T. KOMOR
4 EXHIBIT "A-5"
SCOPE OF SERVICES
CONSULTANT’S DUTIES
Consultant shall perform the duties set forth below for the Portofino Way and Yacht Club Way Sanitary Sewer Pump Stations Projects, Job Nos. 50210 & 50260.
1. Provide construction management support, including attending construction meetings, reviewing shop drawings and submittals, and providing responses to requests for clarifications and information during the construction phase.
2. Upon completion of the pump station construction, prepare As-Built Drawings using the redlines from the City-designated contractor and inspector
3. Attend the startup of new pump stations and draft the Operation and Maintenance manuals, including safety precautions and procedures.
5 EXHIBIT “B-4”
TERM AND TIME OF COMPLETION
The term of this Agreement shall be extended to May 7, 2026 (“Term”), unless otherwise terminated as herein provided.
6 EXHIBIT “C-5”
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
A. AMOUNT. Consultant shall perform the work for all City approved Task Proposal(s) in accordance with the hourly rate schedule, which is hereby incorporated.
Hourly Rate Schedule
Description Hourly
Rate
Principal $300
Sr. Project Manager / Sr. Consulting Engineer $260
Project Manager / Consulting Engineer / Sr. I&C Specialist $250 Sr. Electrical Engineer / Sr. GIS Analyst $245
Sr. Project Engineer / Sr. Design Engineer $220
Project Engineer / Design Engineer II $190
Instrumentation & Controls Specialist $185
Sr. CAD Designer $175
Design Engineer $150
CAD Designer / GIS Analyst $145
Graphic Designer $125
Project Coordinator $105
Administrative Support $100
Assistant Designer $85
G.P.S. Survey Unit (w/ Operator) $290
Expert Witness $400
B. EXPENSES. Consultant shall submit to the City, for prior written approval, an estimated cost breakdown for all airfare, auto rental, and hotel accommodations related to the services provided under this Agreement in order for the City to ascertain the reasonableness of the expenditures. Any additional expenses not delineated on the attached schedule, including but not limited to, subcontractor markup, may only be compensated upon the City’s written consent following an amendment to this Agreement.
Furthermore, no hourly rates shall be invoiced by the Consultant for travel time, as Consultant receives mileage reimbursement. For all other expenses, Consultant shall be reimbursed in strict accordance with the attached schedule.
C. NOT TO EXCEED AMOUNT. In no event shall Consultant's total compensation, including materials and reimbursable expenses, exceed the amount of $877,512 during the term of this Agreement.
7 D. METHOD OF PAYMENT. Consultant shall provide monthly invoices to City for approval and payment. Invoices shall provide the description of work performed, staff title, hours worked, applicable hourly rate, subcontractor costs, and expenses if incurred. Invoices must be adequately detailed, based on accurate records, and in a form reasonably satisfactory to City, and attach copies of receipts to substantiate expense requests and any purchase of materials, subcontractor invoices, and any prior written authorization of the City for expenses and subcontractors. Consultant may be required to provide backup material upon request.
E. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within 30 days of receipt of the monthly invoice; provided, however, that services are completed to the City’s reasonable satisfaction.
F. 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: Pacific Advanced Civil Engineering, Inc.
17520 Newhope Street Suite 120
Fountain Valley, CA 92708
Attention: Andy Komor
City: City of Redondo Beach
415 Diamond Street, Engineering Division
Redondo Beach, CA 90277
Attention: 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.
8 REIMBURSABLE EXPENSE RATES*
Units Cost
Travel
Mileage (Per Mile) Mile $0.67
Airfare, Auto Rental, Hotel At Cost
Parking, tax, and tolls At Cost
Outside Reproduction At Cost
Shipping (FedEx, UPS, Courier, etc.) At Cost
Misc. (Review Fees, Specific Charges) At Cost
Reproduction (In-House)
Sheet Bond - B/W Prints and Copies – All sizes SF $0.16 (8 ½ x 11 to 12 x18)
Sheet - Color Prints and Copies – All sizes SF $1.20
Sheet - Glossy Color Print/Photo – All sizes SF $2.60
Roll - Plots and Copies (Roll Paper)
- Bond (B/W) SF $0.88
- Bond (Color) SF $1.56
Roll - Vellum or Mylar Plots SF $2.60
Roll - Glossy Color Plot Exhibits (Roll Paper) SF $3.12 Report 3-Ring Binders
< 1.5” EA $10.40
1.5” to 3” EA $15.60
> 3” EA $26.00
Coil or GBC Punch Binding EA $1.04
*Note: All reimbursable expenses will be invoiced at the above rates. 9 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.
Errors and Omissions liability insurance appropriate to the consultant's profession.
Architects' and Engineers' coverage is to be endorsed to include contractual liability.
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/location.
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.
Errors and Omissions liability: $1,000,000 per occurrence.
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, 10 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.
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 are to 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 are to 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.
Errors and Omissions policy, if written on a claims made basis, shall be maintained by the Consultant for a period of one year after the completion of the project.
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. 11 Acceptability of Insurers
Insurance is to 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.
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 are to 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 affecting 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.