1 THIRD AMENDMENT TO THE AGREEMENT
FOR CONSULTING SERVICES BETWEEN THE CITY OF REDONDO BEACH
AND DENN ENGINEERS
THIS THIRD AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES (“Third Amendment”) is made between the City of Redondo Beach, a chartered municipal corporation (“City”) and Denn Engineers, a California corporation (“Consultant”).
WHEREAS, on December 18, 2018, the parties hereto entered into the Agreement for Consulting Services between the City and Consultant (the "Agreement"); and WHEREAS, on December 1, 2020, the parties hereto entered into the First Amendment (the “First Amendment”) to extend the term to December 31, 2022, and to increase the Consultant’s total compensation to $200,000; and
WHEREAS, on December 13, 2022, the parties hereto entered into the Second Amendment (the “Second Amendment”) to extend the term to December 31, 2024, and to increase the Consultant’s total compensation to $300,000; and
WHEREAS, the parties hereto desire to further extend the term of the Agreement and provide additional compensation for the extended term.
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. GENERAL PROVISIONS.
Section 36 shall be added to the Agreement as follows:
36. Non-Discrimination. Consultant shall comply with all applicable federal, state, and local laws, ordinances, regulations, and codes prohibiting discrimination, including but not limited to the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and the California Fair Employment and Housing Act.
Consultant shall not discriminate against any employee or applicant for employment on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military and veteran status, or any legally protected characteristic. Consultant shall ensure that the evaluation and treatment of its employees and applicants for employment are free from such discrimination and harassment. Consultant shall include a similar non-discrimination provision in all subcontracts related to the performance of this Agreement.
2. SCOPE OF SERVICES. Exhibit “A” of the Agreement is hereby amended to delete Section II.C in its entirety.
2 3. TERM AND TIME OF COMPLETION. Exhibit “B” of the Agreement, as previously amended by Exhibits “B-1” and “B-2”, is hereby further amended to add Exhibit “B-3”, which is attached hereto and incorporated herein by reference. Exhibit “B-3” extends the Agreement term to December 31, 2026. Consultant shall commence and complete all services described in Exhibit “A” in accordance with the schedule set forth in Exhibit “B-3”.
4. COMPENSATION. Exhibit “C” of the Agreement, as previously amended by Exhibits “C-1” and “C-2”, is hereby amended to add Exhibit “C-3”, which is attached hereto and incorporated herein by reference. Exhibit “C-3” increases the total compensation limit by $100,000, setting a new total compensation limit of $400,000, and updates the notice provision. Consultant shall be compensated for the services described in Exhibit “A” of the Agreement.
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, and this Third 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, Second Amendment, and this Third Amendment, the terms of this Third Amendment shall govern. [SIGNATURES ON NEXT PAGE]
3 IN WITNESS WHEREOF, the parties have executed this Third Amendment in Redondo Beach, California, as of this 17th day of December, 2024.
CITY OF REDONDO BEACH, DENN ENGINEERS,
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
Second Vice President
Mike Guzman-Walle
4 EXHIBIT “B-3”
TERM AND TIME OF COMPLETION
TERM. The term of the Agreement shall be extended to December 31, 2026 (“Term”), unless otherwise terminated as herein provided.
5 EXHIBIT “C-3”
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 by reference.
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 $400,000 during the term of this Agreement.
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.
6 VI. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid, or personally served, and addressed to the following parties.
Consultant: Denn Engineers
3914 Del Amo Blvd., Suite 921
Torrance, CA 90503
Attn: Gary Roehl
City: City of Redondo Beach
Public Works Department, Engineering Services Division
415 Diamond Street
Redondo Beach, CA 90277
Attn: Lauren Sablan, Acting City Engineer
All notices, including notices of address changes, provided under this Agreement are deemed received as follows: (1) on the third day after mailing if sent by registered or certified mail; or (2) 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.
7 FEE SCHEDULE
RATES EFFECTIVE JANUARY 1, 2025
RATES WILL INCREASE 3% JANUARY 1ST OF EACH SUBSEQUENT YEAR
OFFICE HOURLY RATES
PRINCIPAL/PROJECT DIRECTOR $300.00
PROJECT MANAGER (LS/RCE) $250.00
SR. SURVEY TECHNICIAN $200.00
CAD TECHNICIAN $150.00
CLERICAL SUPPORT STAFF $ 85.00
FIELD HOURLY RATES
FIELD SUPERVISOR (LS/RCE) $250.00 (CONSULTING)
ONE-PERSON SURVEY CREW $250.00
TWO-PERSON SURVEY CREW $400.00
THREE-PERSON SURVEY CREW $450.00
G.P.S. FIELD HOURLY RATES
ONE-PERSON G.P.S. CREW $250.00
TWO-PERSON G.P.S. CREW $400.00
HOURLY RATES FOR FIELD SURVEY CREWS INCLUDES A NORMAL USAGE OF FIELD EQUIPMENT AND ARE FULLY EQUIPED RATES. FIELD CREWS WILL BE BILLED ON A FOUR HOUR MINIMUM AND REQUIRE A MINIMUM OF 48 HOURS NOTICE PROR TO CALL OUT.
DENN ENGINEERS PAYS PREVAILING WAGE TO ALL NON-LICENSED FIELD PERSONNEL ON REQUIRED DAVIS BACON AND PLA PROJECTS. CERTIFIED PAYROLL IS AVAILABLE BUT MUST BE REQUESTED PRIOR TO THE START OF A PROJECT TASK.
REIMBURSABLES
PRINTS, MESSENGER SERVICE, MONUMENTS, AERIAL MAPPING AND AGENCY FEES WILL BE CHARGED AT COST.
LICENSED SIGNERS
GARY ROEHL: RCE 30826
ANTHONY SHWEIRI: C 49711, LS 9321
MICHAEL GUZMAN-WALLE: LS 9822
3914 Del Amo Boulevard, Suite 921, Torrance, California 90503 Tel: (310) 542-9433 Fax: (310) 542-9491 Email: [email protected] Victoria R Perez