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Home My WebLink About4th AmendmentFOURTH AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NINYO & MOORE This Fourth Amendment to the Agreement is entered into this 15th day of October, 2013 by and between the City of National City, a municipal corporation ("CITY"), and Ninyo & Moore, (the "CONSULTANT"). RECITALS WHEREAS, the CITY and the CONSULTANT entered into an agreement on October 20, 2009, ("the Agreement") through the adoption of City of National City Council Resolution No. 2009-246, wherein the CONSULTANT agreed to provide on -call geotechnical materials testing services for various Capital Improvement Projects. WHEREAS, the original Agreement had a not -to -exceed amount of $150,000; and WHEREAS, the original Agreement was set to expire on October 6, 2010, with optional extensions when mutually agreed upon by the parties; and WHEREAS, on October 5, 2010, the City Council adopted Resolution No. 2010- 224, approving the First Amendment to the Agreement extending the term of the Agreement through October 8, 2011; and WHEREAS, on October 4, 2011, the City Council adopted Resolution No. 2011- 224, approving the Second Amendment to the Agreement increasing the not -to -exceed amount by $150,000, for a total Agreement amount of $300,000, and extending the term of the Agreement through October 10, 2012; and WHEREAS, on October 2, 2012, the City Council adopted Resolution No. 2012- 195, approving the Third Amendment to the Agreement extending the term of the Agreement through October 11, 2013; and WHEREAS, to continue timely completion of Capital Improvement Projects, the parties desire to extend the term of the Agreement through April 5, 2014. AGREEMENT NOW, THEREFORE, the parties agree to amend the Agreement entered into on October 20, 2009 by extending the term of the Agreement an additional six months, specifically October 4, 2013 through April 5, 2014. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated October 20, 2009, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY NINYO & MOORE (Signatures of two corporate officers required) By: By: Ron Morrison, Mayor (Signature) (Name) APPROVED AS TO FORM: (Title) Claudia Gacitua Silva City Attorney By: (Signature) (Name) (Title)