West Coast Civil, Inc. - Fifth Amendment, Signature and Insurance — Redondo Beach City Council, July 11, 2023

1 FIFTH AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES

BETWEEN THE CITY OF REDONDO BEACH
AND WEST COAST CIVIL, INC.

THIS FIFTH AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES (“Fifth 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 entered into the Agreement for Consulting Services between the City and Consultant (the “Agreement”); WHEREAS, on February 2, 2021, the parties entered into the First Amendment to the Agreement (the “First Amendment”) to raise Consultant’s total compensation limit to $45,000; WHEREAS, on December 14, 2021, the parties entered into the Second Amendment to the Agreement (the “Second Amendment”) to raise Consultant’s total compensation limit to $65,000;
WHEREAS, on April 5, 2022, the parties entered into the Third Amendment to the Agreement (the “Third Amendment”) to raise Consultant’s total compensation limit to $79,500; WHEREAS, on September 6, 2022, the parties entered into the Fourth Amendment (the “Fourth Amendment”) to raise Consultant’s total compensation limit to $94,500; WHEREAS, on December 20, 2022, the City renewed the Agreement to December 31, 2023 in accordance with Exhibit “B” of the Agreement.

WHEREAS, due to a review of the work to be performed, the parties have determined that the volume of work to be completed under this Agreement is more than originally anticipated; and
WHEREAS, the parties desire to amend the Agreement.

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. Exhibits “C” to “C-4” of the Agreement are hereby amended to add Exhibit “C-5” to raise Consultant’s total compensation limit by $18,000 to a new total of $112,500. This includes all costs, such as materials, phone calls, equipment, data, mileage, fuel, insurance, and travel time. Exhibit “C-5” 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-5”. 2 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, the Fourth Amendment, and this Fifth 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, the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, and this Fifth Amendment, the terms of this Fifth Amendment shall prevail. 3 IN WITNESS WHEREOF, the parties have executed this Fifth Amendment in Redondo Beach, California, as of this 11th day of July, 2023.

CITY OF REDONDO BEACH, WEST COAST CIVIL, INC.,
a chartered municipal corporation a California corporation __________________________ By: _______________________
William C. Brand, Mayor Name: _______________________
Title: _______________________
ATTEST: APPROVED:
__________________________ _____________________________ Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
__________________________
Michael W. Webb, City Attorney
CFO, Principal Engineer
Sean McCarty
4 EXHIBIT “C-5”

COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.

A. AMOUNT. Consultant’s total compensation limit shall be raised to $18,000. However, in no event, shall Consultant’s total compensation exceed $112,500. The compensation shall be inclusive of all costs, such as materials, phone calls, equipment, data, mileage, fuel, insurance and drive time.

B. METHOD OF PAYMENT. Consultant shall provide invoices to City for approval and payment. The invoice shall indicate the dates of service, hourly rate, hours worked, staff title, and total amount for each service. Additionally, the invoice shall provide a grand total of all services rendered. Invoices must be adequately detailed, 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.

C. SCHEDULE FOR PAYMENT. Consultant shall be paid within thirty (30) days of City’s receipt of the monthly invoice, provided, however, that services are completed to the City’s reasonable satisfaction.

D. 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, Inc.
9740 Appaloosa Road, Suite 200
San Diego, CA 92131
Attention: Anthony Gonzalez
City: City of Redondo Beach
Public Works Department, Engineering Division
415 Diamond Street, Door 2
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.

ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

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.

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.

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).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
5/5/2023
License # 0E67768
(858) 200-4542
13056
West Coast Civil, Inc.
9740 Appaloosa Road, Suite 200
San Diego, CA 92131
16691
25038
A 2,000,000
PSB0003644 7/24/2022 7/24/2023 1,000,000
Cont Liab/Sev of Int 10,000
2,000,000
4,000,000
4,000,000
Deductible 0
A 1,000,000
PSA0002388 7/24/2022 7/24/2023
A 1,000,000
PSE0004303 7/24/2022 7/24/2023 1,000,000
0 A
PSW0002709 7/24/2022 7/24/2023 1,000,000
1,000,000
1,000,000
B Prof Liab/Clms Made DPP4203358 5/6/2023 Per Claim 2,000,000 C Cyber Liability C-4M26-179825-CYBER-2022 7/24/2022 7/24/2023 Per Claim/Aggregate 1,000,000 RE: All Operations
Proof of Insurance
30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions.

City of Redondo Beach, The City, Its Elected Officials
Officers, Agents, Employees and Volunteers
415 Diamond Street
Redondo Beach, CA 90277
WESTCOA-18 BOLGERN
IOA Insurance Services
4370 La Jolla Village Drive
Suite 600
San Diego, CA 92122
Judy Lovelace
[email protected]
RLI Insurance Company
Great American Insurance Company
North American Capacity Insurance Company
X
5/6/2024
X
X
X
X
X
X
X
X
 1983 National Council on Compensation Insurance.

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
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 shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Schedule
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.) Policy No. Endorsement No.

Premium
Countersigned by ___________________________________________ WC 00 03 13
(Ed. 4-84)
PSW0002709 6275
Insured
West Coast Civil, Inc.

Insurance Company
RLI Insurance Company
(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)
Any person or organization that you have agreed with in a written contract to provide this agreement.

Elizabeth Tenuto
ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?