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AMENDMENT NO. THREE TO <br />ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT <br />WITH GCI CONSTRUCTION, INC. FOR <br />BEACH MAINTENANCE SERVICES <br />THIS AMENDMENT NO. THREE TO ON-CALL MAINTENANCE/REPAIR <br />SERVICES AGREEMENT ("Amendment No. Three") is made and entered into as of this <br />12th day of October, 2021 ("Effective Date"), by and between the CITY OF NEWPORT <br />BEACH, a California municipal corporation and charter city ("City"), and GCI <br />CONSTRUCTION, INC., a California corporation ("Contractor"), whose address is 1031 <br />Calle Recodo, Suite D, San Clemente, California 92673, and is made with reference to <br />the following: <br />RECITALS <br />A. On June 13, 2017, City and Contractor entered into an On -Call <br />Maintenance/Repair Services Agreement ("Agreement") for Contractor to perform <br />on-call maintenance and/or repair service for City ("Project"). <br />B. On October 15, 2019, City and Contractor entered into Amendment No. One to the <br />Agreement ("Amendment No. One") to extend the term of the Agreement to May <br />31, 2022, to increase the total compensation, update the Schedule of Billing Rates, <br />the terms of responsibility for damages or injury, prevailing wages, conflicts of <br />interest, and Insurance requirements. <br />C. On August 25, 2020, City and Contractor entered into Amendment No. Two to <br />reflect additional Services not included in the Agreement, as amended, to increase <br />the total compensation, and to update Insurance requirements. <br />D. The parties desire to enter into this Amendment No. Three to increase the total <br />compensation due to an increase in the volume of Work. <br />NOW, THEREFORE, it is mutually agreed by and between the undersigned parties <br />as follows: <br />1. COMPENSATION TO CONTRACTOR <br />Section 4.1 of the Agreement is amended in its entirety and replaced with the <br />following: "City shall pay Contractor for the Services on a time and expense not -to -exceed <br />basis in accordance with the provisions of this Section and the Letter Proposal and the <br />Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by <br />reference. Except as otherwise provided herein, no rate changes shall be made during <br />the term of this Agreement without the prior written approval of City. Contractor's <br />compensation for all Services performed in accordance with this Agreement, including all <br />reimbursable items, shall not exceed One Million Two Hundred Twenty Five Thousand <br />Dollars and 00/100 ($1,225,000.00), without prior written amendment to the Agreement." <br />