1 FOURTH AMENDMENT TO
AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND RINCON CONSULTANTS, INC.
THIS FOURTH AMENDMENT (“Fourth Amendment”) is made between the City of Redondo Beach, a Chartered Municipal Corporation ("City") and RINCON CONSULTANTS, INC., a California corporation ("Consultant" or “Contractor”).
WHEREAS, on August 20, 2019, the parties hereto originally entered into that certain Agreement for Consulting Services between the City and Consultant (“Agreement”) to perform the environmental review for the project located at 100- 132 North Catalina Avenue; and
WHEREAS, on June 16, 2020, the parties hereto entered into a First Amendment to the Agreement (“First Amendment”) to extend the term to June 20, 2021; and
WHEREAS, on February 2, 2021, the parties hereto entered into a Second Amendment to the Agreement (“Second Amendment”) to modify the scope of services, amend the term and amend compensation; and WHEREAS, on December 14, 2021, the parties hereto entered into a Third Amendment to the Agreement (“Third Amendment”) to amend the term to extend it until September 30, 2022; and
WHEREAS, City and Consultant desire to further amend the Agreement to modify the scope of services and compensation pursuant to the terms and conditions set forth herein.
NOW, THEREFORE, the parties hereby agree to make the following amendments to the Agreement:
1. Scope of Services: Exhibit A is hereby amended to add the following duties to the Scope of Services:
“Task 3. Administrative Draft Environmental Impact Report Impact Analysis
During preparation of the Administrative Draft EIR, there were several delays due to changes in the project description, which resulted in additional labor hours beyond the original scope of work. Revisions to the project description (including project plans and the project construction schedule) required reanalysis of several sections (i.e., air quality, noise, and transportation) based on the final numbers incorporated into 2 remodels, as well as updates to the corresponding figures, other global intext revisions, and coordination meetings with City staff and the applicant team.
Task 4. Draft Environmental Impact Report
Rincon shall provide the City with 12 hard copies of the Draft EIR (with appendices on flash drives.
Task 5. Final Environmental Impact Report
Rincon shall provide the City with 12 hard copies of the Final EIR (with appendices on flash drives.
Task 6. Technical Approach to the Transportation Analysis Fehr & Peer’s will conduct additional analysis on project alternatives and document the findings.
Public Hearings: Fehr & Peers will participate in up to three (3) public hearings for the EIR.
Task 7. Public Hearings
Rincon’s Principal-in-charge or Project Manager shall attend four (4) public hearings (two (2) for Planning Commission and two (2) for City Council) on the project. If requested, Rincon shall prepare and deliver a presentation that summarizes the CEQA process and the findings of its analysis.”
2. Compensation: Exhibit C is hereby amended to increase the total cost from $179,058 to an amount not to exceed $193,858. This amount includes an increase in the cost of the traffic analysis to be performed by Fehr & Peers from $49,055 to $55,205.
3. Modification. Except as expressly set forth herein, the Agreement shall continue in full force and effect. The Agreement, together with this Fourth Amendment, Third Amendment, Second Amendment, and First Amendment, constitute the entire agreement between the parties and supersedes any previous oral or written agreement. In the event of any inconsistency between this Fourth Amendment, Third Amendment, Second Amendment and First Amendment and the Agreement, the terms of this Fourth Amendment shall prevail. This Fourth Amendment may be modified or amended only by a subsequent writing executed by all of the parties and approval by the City Council.
3 IN WITNESS WHEREOF, the parties have entered into this Fourth Amendment as of this 1st day of March, 2022.
CITY OF REDONDO BEACH RINCON CONSULTANTS, INC.
____________________________ By: _______________________ William C. Brand, Mayor Name:_______________________
Title: _______________________
APPROVED AS TO FORM:
__________________________
Michael W. Webb, City Attorney
APPROVED:
___________________________
Diane Strickfaden, Risk Manager
ATTEST:
___________________________
Eleanor Manzano, City Clerk