1 SECOND MODIFICATION OF AGREEMENT NO. 10625 (CCS)
This Second Modification of Agreement Number 10635 (CCS) (“Second Modification”), entered into as of _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and Degenkolb Engineers (Degenkolb) is made with reference to the following:
RECITALS
A. On or about June 20, 2018, the City and Degenkolb entered into Agreement Number 10635 (CCS) for engineering peer review services (“Original Agreement”), which had an initial term ending on December 31, 2020.
B. On or about February 24, 2021, the City and Degenkolb entered into a First Modification of Agreement Number 10635 (CCS) (“First Modification”), which was effective as of December 31, 2020. The First Modification extended the term of the Original Agreement by one year to December 31, 2021. The Original Agreement and First Modification may be referred to collectively herein as “the Agreement.” C. The City and Degenkolb desire to modify the Agreement to extend the contract term, effective as of December 31, 2021, one additional year to December 31, 2022.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:
1. Degenkolb and the City acknowledge and agree that notwithstanding the expiration of the Term as modified by the First Modification, the effective date of this Second Modification is December 31, 2021.
2. Section 1 of the Agreement entitled “Term” shall be deleted in its entirety and replaced with the following paragraph:
Term. This Agreement begins on June 20, 2018 and terminates on December 31, 2022, unless terminated earlier as set forth in the Agreement or extended by the parties in writing. The period of May 7, 2018 to December 31, 2020 shall be referred to as the “Original Term.” The period of time from January 1, 2021 through December 31, 2022 shall be referred to as the Extension Term.
3. Section 4 of the Agreement entitled “Compensation” shall be deleted in its entirety and replaced with the following paragraph:
Compensation. The City will compensate Degenkolb for the Services performed during the Original Term in an amount not to exceed $525,000, at the rates set forth in Exhibit B-1.
4. Section 4.1 of the Agreement entitled “Extension Term” shall be deleted in its entirety and replaced with the following paragraph:
DocuSign Envelope ID: F4245B49-B6D3-4A99-918F-0DE5783CEC85 2/28/2022
2 Extension Term. The City will compensate Degenkolb for the Services performed during the Extension Term (January 1, 2021 through December 31, 2022) in an amount not to exceed $100,000. The total amount of compensation for Services rendered during the Original Term and the Extension term shall not exceed $625,000, as set forth in Exhibit B-1.
5. Exhibit B of the Agreement entitled “Budget” shall be deleted in its entirety and replaced with an updated Budget, provided herein as Exhibit B-1.
6. Exhibit B-1 is attached hereto and incorporated into the Agreement by reference.
7. Except as expressly modified by this Second Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Second Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: F4245B49-B6D3-4A99-918F-0DE5783CEC85 Interim City Attorney
2/10/2022
Joseph Lawrence
Degenkolb Engineers
Daniel Zepeda
Principal
2/23/2022
David White
City Manager
2/28/2022
Denise Anderson-Warren
City Clerk
3/4/2022
3 Exhibit B-1
Budget
The compensation paid to Degenkolb for Services provided during the Original Term shall not exceed $525,000. The compensation paid to Degenkolb for Services provided during the Extension Term shall not exceed $100,000. The total amount of compensation for all Services rendered during the Original Term and the Extension Term shall not exceed $625,000.
All peer review and plan check services will be charged according to the following hourly rates:
Title Rates
Senior Principal $300
Principal $265
Senior Associate $245
Associate Principal $235
Associate $225
Senior Project Manager $225
Director of Testing Services $205
Forensic Operations Manager $205
Project Manager $205
Project Engineer $205
Design Engineer $190
Designer 2 $170
Designer 1 $145
Assistant Designer 2 $115
Assistant Designer 1 $85
Senior BIM/CAD Specialist $160
Project BIM/CAD Specialist $130
Project Analyst $105
Administrative Services $85
DocuSign Envelope ID: F4245B49-B6D3-4A99-918F-0DE5783CEC85