1 SECOND AMENDMENT TO
AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND KOA CORPORATION
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 KOA Corporation, a California limited liability company (“Consultant” or “Contractor”)
WHEREAS, on July 19, 2022, the parties hereto originally entered into the Agreement for Consulting Services between the City and Consultant (the “Agreement”); and WHEREAS, on April 2, 2024, the parties hereto entered into the First Amendment to the Agreement (the “First Amendment”); and
WHEREAS, the parties desire to amend the Agreement to extend the term of the Agreement and increase the Consultant’s compensation limit.
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. Exhibit “B” of the Agreement is hereby amended to add Exhibit “B-1”, which extends the Agreement to December 31, 2024. Exhibit “B-1” 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-1”.
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 $19,360, setting a new compensation limit of $279,163. Exhibit “C-2” is attached hereto and incorporated by reference. Consultant shall be compensated for the services described in Exhibit “A”.
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 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 prevail.
2 IN WITNESS WHEREOF, the parties have executed this Second Amendment in Redondo Beach, California, as of this 16th day of July, 2024.
CITY OF REDONDO BEACH, KOA CORPORATION
a chartered municipal corporation 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, Director of Engineering
Giuseppe Canzonieri
3 EXHIBIT "B-1"
SCHEDULE FOR COMPLETION
TERM: The term of this Agreement shall be extended to December 31, 2024 (“Term”), unless otherwise terminated as herein provided.
4 EXHIBIT “C-2”
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
A. AMOUNT. Consultant shall be paid in accordance with the following rate schedules.
Staff Hourly Rate
Principal in Charge $240
Construction Manager $170
Construction Inspector $125
Traffic Engineer $162.50
Special Rates for Construction Inspector Outside of Normal Business Hours
Special Shift (After
6:00 PM) Inspection
Hourly Rate
Overtime and Saturday
Inspection Hourly Rate
Sunday and
Holiday Inspection
Hourly Rate
$125.50 $155 $185
No special rates shall be paid to the Construction Inspector unless the Consultant obtains the City’s prior written approval.
B. MATERIALS AND EXPENSES ALLOWANCE. Consultant shall be provided a materials and expenses allowance in the amount of $25,000. Any materials shall be charged in accordance with Section C of this Exhibit “C” and Consultant shall provide the City receipts of any materials and expenses purchased.
C. EXPENSES. Consultant shall be reimbursed for expenses as follows; provided, however, that Consultant obtains City’s written approval prior to incurring the expense.
Expenses Amount
Travel IRS mileage rate
Material and reproduction At cost
Subcontractor Subcontractor rate plus 10%
City approval of subcontractor is subject to Section 18 of the Agreement.
D. NOT TO EXCEED AMOUNT. In no event shall Consultant's total compensation, including materials and reimbursable expenses, exceed the amount of $279,163 during the term of the Agreement and any amendments thereto, including this Second Amendment.
5 E. 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 any incurred expenses. Invoices must be adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. Invoices shall be accompanied by copies of receipts to substantiate expense requests, any purchase of materials, subcontractor invoices, and any prior written authorization of the City for expenses and subcontractors. Consultant may be required to provide back-up material upon request.
F. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within thirty (30) days of receipt of the monthly invoice; provided, however, that services are completed to the City’s reasonable satisfaction.
G. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid, email, or personally served, and addressed to the following parties.
Consultant: KOA Corporation
1100 Corporate Center Drive, Suite 201
Monterey Park, CA 91754
Attention: Tom Bacus, Lochner Operations Manager
Email: [email protected]
City: City of Redondo Beach
415 Diamond Street, Engineering Division
Redondo Beach, CA 90277
Attention: Lauren Sablan, Interim City Engineer
Email: [email protected]
All notices, including notices of address changes, provided under this Agreement are deemed received as follows: (1) on the second business day after emailing, provided that no “bounce-back” or similar message indicating non-delivery is received; (2) on the third day after mailing if sent by registered or certified mail; or (3) upon personal delivery. 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 in accordance with this section.
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 WVDADDL
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 EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR 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 PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
4/30/2024
Greyling Ins Brokerage/EPIC
3780 Mansell Road, Suite 370
Alpharetta GA 30022
Greyling COI Specialist 770.670.5324 770.670.5324 [email protected] The Continental Insurance Company 35289 HWLOCHNE National Fire Insurance Co of Hartford 20478 KOA Corporation
1100 Corporate Center Drive, Suite 201
Monterey Park, CA 91754
American Casualty Co of Reading, PA 20427 Lloyd's of London 85202 726180953 A X 1,000,000 X 1,000,000 15,000 1,000,000 2,000,000 X
7092014905 5/1/2024 5/1/2025
2,000,000
B 1,000,000 X
X X
7091863062 5/1/2024 5/1/2025
A X X
7092036547 5/1/2024 5/1/2025
15,000,000 15,000,000 X
10,000
C
A
X
N
7092004665
7092009168
5/1/2024
5/1/2024
5/1/2025
5/1/2025
1,000,000 1,000,000 1,000,000
D Professional Liability incl.
Pollution Liability
B0146LDUSA2405260 5/1/2024 5/1/2025 Per Claim
Aggregate
$10,000,000
$10,000,000
KOA Project Number/Name: #JC26050 / Torrance Boulevard from Torrance Circle to Prospect Avenue, Job No. 41230 and Torrance Boulevard & Francisca Avenue Traffic Signal Modification Project, Job No. 41070 -- City of Redondo Beach, its officers, elected and appointed officials, employees, and volunteers are named as Additional Insured as respects General and Auto Liability as required per written contract or agreement. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes Waiver of Subrogation per the attached.
City of Redondo Beach
PWD, Engineering Division
Attn: Andrew S. Winje, City Engineer
415 Diamond Street
Redondo Beach CA 90277