1 FOURTH AMENDMENT TO THE AGREEMENT
FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND WEST COAST CIVIL, INC.
THIS FOURTH AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES (“Fourth Amendment”) is made between the City of Redondo Beach, a Chartered Municipal Corporation (“City”) and West Coast Civil, Inc., a California Corporation (“Consultant”).
WHEREAS, on August 4, 2020, the parties originally entered into the Agreement for Consulting Services between the City and Consultant (the “Agreement”); and WHEREAS, on February 2, 2021, the parties originally entered into the First Amendment (the “First Amendment”) to increase the Consultant’s total compensation; WHEREAS, on December 7, 2021 originally entered into the Second Amendment (the “Second Amendment”) to increase the Consultant’s total compensation; WHEREAS, on April 5, 2022 originally entered into the Third Amendment (the “Third Amendment”) to increase the Consultant’s total compensation; and WHEREAS, the volume of work to be performed has been determined to exceed that originally anticipated to complete the services under this contract; and WHEREAS, the parties desire to further increase the Consultant’s total compensation.
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 amendment to the Agreement:
1. COMPENSATION. Exhibit “C” of the Agreement is hereby amended to add Exhibit “C-4” to increase the limit for the total compensation paid to Consultant by $15,000 for a total compensation limit of $94,500, which shall be inclusive of all materials, phone calls, equipment, data, mileage, fuel, insurance and drive time. Exhibit “C-4” is attached hereto and incorporated by reference. Consultant shall be compensated for the services described in Exhibit “A” of the Agreement in accordance with Exhibit “C-4”.
2. NO OTHER AMENDMENTS. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement, the First Amendment, the Second Amendment, the Third Amendment, and this Fourth Amendment constitute the entire agreement between the parties and supersede any 2 previous oral or written agreement with respect to the subject matter hereof. In the event of any inconsistency between the terms of the Agreement, the First Amendment, the Second Amendment, the Third Amendment, and this Fourth Amendment, the terms of this Third Amendment shall prevail.
IN WITNESS WHEREOF, the parties have executed this Fourth Amendment in Redondo Beach, California, as of this 6th day of September, 2022.
CITY OF REDONDO BEACH WEST COAST CIVIL, INC.
William C. Brand, Mayor
ATTEST:
Eleanor Manzano, City Clerk
APPROVED:
Diane Strickfaden, Risk Manager
APPROVED AS TO FORM:
Michael W. Webb, City Attorney
3 EXHIBIT “C-4”
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
A. Amount. Consultant shall be paid an additional fee of $15,000.
B. Not to Exceed Amount. Consultant’s total compensation shall not exceed $94,500.
Consultant’s total compensation shall include all materials, phone calls, equipment, data, mileage, fuel, insurance and drive time.
C. Method of Payment. Consultant shall provide invoices to City for approval and payment. Invoices must be adequately detailed, with hourly rates and lab fees, based on accurate records, and in a form reasonably satisfactory to City.
Consultant shall include a detailed monthly time tracking spreadsheet with each invoice and may be required to provide back-up material upon request.
D. Schedule for Payment. Consultant shall be paid in accordance with payment schedule set forth in Exhibit “E”.
E. 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: West Coast Civil
10650 Treena Street, Ste 104
San Diego, CA 92131
Attention: Anthony Gonzalez
City: City of Redondo Beach
415 Diamond Street
Redondo Beach, CA 90277
Attention: Andrew Winje
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by regular mail, or the next day if sent overnight delivery. Notice of rate changes or distribution changes must be sent by 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.