1 THIRD AMENDMENT TO THE AGREEMENT
FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH AND GRIFFIN STRUCTURES, INC.
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 Griffin Structures, Inc., 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, GRIFFIN STRUCTURES, INC.,
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
Vice President
Dustin Alamo
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: Griffin Structures, Inc.
2 Technology Drive, Suite 150
Irvine, CA 92618
Attn: Dustin Alamo
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 Hourly Rates
P R O G R A M & C O N S T R U C T I O N M A N A G E M E N T T I T L E 2 0 2 5 2 0 2 6
Chief Executive Officer $320 $335
Chief Financial Officer $305 $320
President $295 $310
Principal In Charge $285 $300
Project Executive $280 $295
Predevelopment Manager $280 $295
Sr. Program & Construction Manager $265 $280
Program & Construction Manager $260 $275
Inspector $240 $250
Sr. Program Analyst $240 $250
Estimator $240 $250
Program Analyst $235 $245
Accounting $230 $240
Subconsultants At Cost + 15%
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
12/5/2024
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
Dani Schulze 714-202-0390 [email protected] License#: 6003745 Great American Assurance Company 26344 GRIFSTR-01 ARCH SPECIALTY INSURANCE COMPANY 21199 Griffin Structures Inc
1 Technology Dr., Building I Ste. 829
Irvine CA 92618
United Financial Casualty Company 11770 Oak River Insurance Company 34630 1835984244 A X 1,000,000 X 50,000 X Contractual Liab Excluded Included 1,000,000 2,000,000 X Y Y GLP5775546 12/31/2024 12/31/2025
2,000,000 Deductible 5,000
C
1,000,000 X
X X
Y Y 06409713 12/31/2024 12/31/2025
D Y GRWC529454 12/31/2024 12/31/2025
X
1,000,000 1,000,000 1,000,000
B Professional Liability &
Contractors Pollution Liability
Y PDCPP0038504 12/31/2024 12/31/2025 Per Claim
Aggregate Limit
Deductible
$2,000,000
$4,000,000
$25,000
AM Bests Rating on all policies above: A/XII or greater.
Re: All Operations of the Named Insured - The City of Redondo Beach, as Chartered Municipal Corporation, its officers, elected and appointed officials and employees are named as additional insureds as respects general and auto liability for claims arising from the operations of the named insured as required per written contract. Coverage afforded the additional insured is primary and non-contributory as respects to general liability coverage. Insurance coverage includes waiver of subrogation per the attached endorsement(s).
30 Day Notice of Cancellation
City of Redondo Beach
415 Diamond Street
Redondo Beach CA 90277
Class 2 14054
06 CPP0011 00 04 15 Page 23 of 23
The first Named Insured shall act on behalf of all Insureds for all purposes, including but not limited to the payment or return of premium, receipt and acceptance of any endorsement issued to form a part of this Policy, complying with all applicable Claim provisions, giving and receiving notice of cancellation or nonrenewal, reimbursement to the Insurer of any Retention advanced and the exercise of the rights provided in Section 11. Extended Reporting Period or Section 24.
Subrogation.
24. SUBROGATION
In the event of any payment under this Policy, the Insurer shall be subrogated to all the rights of recovery against any person or organization and the Insured or Additional Insured (if applicable) shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured or Additional Insured (if applicable) shall do nothing to prejudice such rights.
The Insurer shall not exercise any such right against any Insured, Additional Insured (if applicable) or against any clients if prior to the Claim, a waiver of subrogation was so required and accepted under a specific contractual undertaking by such Insured. All recoveries obtained through subrogation shall be applied equally towards the Retention and the costs with any remaining balance payable to the Insurer. 25. TITLES The titles of the sections of and endorsements to, this Policy are for reference only. Such titles shall not be part of the terms and conditions of coverage.
Policy # PDCPP0038504
Policy # GLP5775546
Endorsement Effective: Policy No.:
Insured:
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10 C (Ed. 01-19)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA
BLANKET BASIS
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Blanket Waiver
Person/Organization Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement No.: Premium $
Insurance Company: WC 99 04 10 C
Countersigned by ______________________________________ (Ed. 01-19)
Job Description
All CA Operations
Oak River Insurance Company
12/31/2024 GRWC529454
Policy # GLP5775546
Policy # GLP5775546
Policy # GLP5775546
City of Redondo Beach
415 Diamond St
Redondo Beach, CA 90277
06409713
GRIFFIN STRUCTURES, INC
12/31/2024 12/31/2025
06409713
GRIFFIN STRUCTURES, INC
12/31/2024 12/31/2025
$1,000,000
United Financial Casualty Co.
United Financial Casualty Co.