FIFTH AMENDMENT TO
AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND RINCON CONSULTANTS, INC.
THIS FIFTH AMENDMENT (“Fifth 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, on March 1, 2022, the parties hereto entered into a Fourth Amendment to the Agreement (“Fourth Amendment”) to amend the scope of services and to increase the compensation from $179,058 to an amount not to exceed $193,858; 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 6. Technical Approach to the Transportation Analysis Fehr & Peer’s shall conduct an additional Vehicle Miles Traveled (VMT) analysis based on a revised project description with reduced bedroom count, and an additional analysis to determine the project size that would avoid triggering a VMT impact.
Task 7. Public Hearings
Rincon staff shall attend one (1) additional Planning Commission meeting in-person, bringing the total number of meetings for Rincon staff to five (5).
Fehr & Peers staff shall attend one (1) additional Planning Commission meeting in-person, bringing the total number of meetings for Fehr & Peers staff to four (4).”
2. Compensation: Exhibit C is hereby amended to increase the total compensation from $193,858 to a not-to-exceed amount of $211,749.
This amount includes an increase in the cost of the traffic analysis to be performed by Fehr & Peers from $55,205 to $63,965.
3. Modification. Except as expressly set forth herein, the Agreement shall continue in full force and effect. The Agreement, together with this Fifth Amendment, 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 Fifth Amendment, Fourth Amendment, Third Amendment, Second Amendment and First Amendment and the Agreement, the terms of this Fifth Amendment shall prevail. This Fifth Amendment may be modified or amended only by a subsequent writing executed by all of the parties and approval by the City Council.
IN WITNESS WHEREOF, the parties have entered into this Fifth Amendment as of this 5th day of July, 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