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Att B - Desi Alvarez, dba MCM Management Co - Third Amendment

Signal Hill City Council
August 8, 2023

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Att B - Desi Alvarez, dba MCM Management Co - Third Amendment
Meeting
August 8, 2023
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Signal Hill City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on cityofsignalhill.legistar1.com. That file is the official record.

CITY OF SIGNAL HILL

THIRD AMENDMENT TO

AGREEMENT FOR PROFESSIONAL SERVICES
Parties and Date.

This Third Amendment to the Agreement for Professional Services (“Third Amendment”) is entered into on the 8th day of August, 2023, by and between the City of Signal Hill, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 2175 Cherry Avenue Signal Hill, CA 90755 (“City”) and Desi Alvarez, an individual (dba MCM Management Co.), a California corporation, with its principal place of business at PO Box 3003, Manhattan Beach (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.” Recitals.

Agreement. The Parties entered into that certain Agreement for Professional Services dated January 20, 2015 (“Agreement”).

First Amendment. The Parties amended the Agreement, Amendment No. 1, dated January 29, 2020, to extend the term for project management services for the Well 10 Construction Project and to increase the consultant’s compensation by $275,000 for a total Contract Sum of $425,000.

Second Amendment. The Parties amended the Agreement, Amendment No. 2, dated March 14, 2023, to extend the term of the Agreement to accommodate completion of Well 10 Construction Project.

Third Amendment. The Parties now desire to amend the Agreement in order to extend the term of the Agreement to extend the term for project management services and increase the consultant’s compensation by $16,000 for a total Contract Sum of $441,000 for the Well 10 Construction Project.

Terms.

Contract Sum. Section 2.1 of the Agreement is hereby amended in its entirety to read as follows:
“Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the additional amounts specified in the ”Schedule of Compensation” attached hereto as “Exhibit “C”, “C-1” and “C-2” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Four Hundred Forty One Thousand Dollars ($441,000) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.8." Schedule of Compensation. Compensation schedule “C-2” is hereby added to Exhibit “C” of the Agreement in the form of Attachment :”1” to this Third Amendment, attached hereto and incorporated herein by reference.

Term. Section 3.4 of the Agreement is hereby amended in its entirety to read as follows:
“Unless earlier terminated in accordance with Article 7 of the Agreement, this Agreement shall continue in full force and effect until completion of the Services but not later than November 30, 2023. A contingency up to a 180-day term extension to be utilized if approved by the Public Works Director.”

3.4 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Third Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

CITY OF SIGNAL HILL
DESI ALVAREZ (dba MCM MANAGEMENT CO.)
By:

Carlo Tomaino
City Manager
By:

Desi Alvarez
President
ATTEST:

By:

Daritza Gonzalez
City Clerk
APPROVED AS TO FORM:

By:

Matthew E. Richardson
City Attorney
ATTACHMENT “1” to THIRD AMENDMENT
“C-2”
ADDITIONAL SCHEDULE OF COMPENSATION FOR THE WELL 10 PROJECT Consultant shall receive compesnation for the services pursuant to section 2.1 of the Agreement at the rates set forth below. In no event shal the total compensation paid to Consultant, including authrorized expenses and reimbursements exceed $441,000.00 over the term of the Agreement.

Classification Hourly Billing Rate for Amendment 3 Budget Project Management Services $210 $16,000
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55728.00300\33359642.155728.00300\33359642.1
55728.00300\33359642.1
55728.00300\33359642.1

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