Approved for use 2/15/20
2034384v3.doc City of MB Form
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MANHATTAN BEACH AND KOA CORPORATION This Second 2 to that certain agreement
by and between the City of Manhattan Beach, a California municipal corporation KOA Corporation, a California corporation
is hereby made effective as of the date of the last authorized representative signature below
RECITALS
A. On May 31, 2021, the City and Consultant entered into an agreement for professional design services for the Consultant to provide as-needed traffic engineering support
B. On May 3, 2022, the City and Consultant entered into Amendment No. 1 to increase the maximum compensation to be paid to Consultant (the Schedule. The Original Agreement, as amended by Amendment No. 1 is referred
C. The Parties now desire to amend the Agreement to increase the Maximum Compensation, extend the term, and modify the Approved Fee schedule.
performance of the
promises, covenants, and conditions stated herein, the Parties hereby agree as follows:
Section 1. Section 2 of the Agreement is hereby amended to extend the term of the Agreement through June 30, 2025, unless sooner terminated as provided in Section 12 of the Agreement.
Section 2. Section 3.A of the Agreement is hereby amended to increase the Maximum Compensation amount by $20,000.00 ($10,000.00 annually), for a new Maximum Compensation of $40,000.00.
Section 3. Exhibit of the Agreement is hereby
amended to add the attached Exhibit B of this Amendment No. 2.
Section 4. Except as specifically amended by this Amendment No. 2, all other provisions of the Agreement shall remain in full force and effect.
[SIGNATURE PAGE FOLLOWS]
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2034384v3.doc City of MB Form
IN WITNESS THEREOF, the Parties hereto have executed this Amendment No. 2 on the day and year of the last authorized representative signature shown below.
City:
City of Manhattan Beach,
a California municipal corporation
By:
Name: Bruce Moe
Title: City Manager
ATTEST:
By:
Name: Liza Tamura
Title: City Clerk
APPROVED AS TO FORM:
By:
Name: Quinn M. Barrow
Title: City Attorney
APPROVED AS TO FISCAL IMPACT:
By:
Name: Steve S. Charelian
Title: Finance Director
APPROVED AS TO CONTENT:
By:
Name: Erick Lee
Title: Public Works Director
Consultant:
KOA Corporation,
a California corporation
By:
Name: Min Zhou
Title: Vice President/California
Regional Manager
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2034384v3.doc City of MB Form
EXHIBIT B
APPROVED FEE SCHEDULE
The labor estimate to perform particular projects/task(s) will be discussed and negotiated on per task basis. understanding is that the overall contract per year will not exceed $10,000. Below is billing rate for review.
Approved for use 2/15/20
2034384v3.doc City of MB Form
AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MANHATTAN BEACH AND KOA CORPORATION This Third Amendment (“Amendment No. 3”) to that certain agreement by and between the City of Manhattan Beach, a California municipal corporation (“City”) and KOA Corporation, a California corporation (“Consultant”) (collectively, the “Parties”) is hereby made effective as of the date of the las t authorized representative signature below (“Effective Date”).
RECITALS
A. On May 31, 2021, the City and Consultant entered into an agreement for professional design services for the Consultant to provide as-needed traffic engineering support services (“Agreement”);
B. On May 3, 2022, the Parties entered into Amendment No. 1 to increase the maximum compensation by $10,000.00 and modify the Scope of Services and Approved Fee Schedule.
C. On June 12, 2023, the Parties entered into Amendment No. 2 to increase the maximum compensation by $20,000.00 ($10,000 annually) and modify the Approved Fee Schedule. The Original Agreement, as amended by Amendment No. 1 and Amendment No. 2 are referred to herein as the “Agreement”.
D. The Parties now desire to amend the Agreement t o increase the Maximum Compensation and modify the Scope of Services for additional services and Approved Fee schedule.
NOW, THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereb y agree as follows:
Section 1. Section 3.A of the Agreement is hereby amended to increase the Maximum Compensation amount by $ 8,465.00 this fiscal year 2024 (fiscal year total of $18,465) for a new Maximum Compensation of $48,465.00.
Section 2. Exhibit A (“Scope of Services”) of the Agreement is hereby amended to add the attached Exhibit A of this Amendment No. 3.
Section 3. Exhibit B (“Approved Fee Schedule”) of the Agreement is hereby amended to add the attached Exhibit B of this Amendment No. 3.
Section 4. Except as specifically amended by this Amendment No. 3, all other provisions of the Agreement shall remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
DocuSign Envelope ID: 4AF98891-48F0-4324-A946-8AB455814717
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Approved for use 2/15/20
2034384v3.doc City of MB Form
IN WITNESS THEREOF, the Parties hereto have executed this Amendment No. 3 on the day and year of the last authorized representative signature shown below.
City:
City of Manhattan Beach,
a California municipal corporation
By:
Name: Erick Lee
Title: Acting City Manager
ATTEST:
By:
Name: Liza Tamura
Title: City Clerk
APPROVED AS TO FORM:
By:
Name: Quinn M. Barrow
Title: City Attorney
APPROVED AS TO FISCAL IMPACT:
By:
Name: Julie Bondarchuk
Title: Acting Finance Director
APPROVED AS TO CONTENT:
By:
Name: Erick Lee
Title: Public Works Director
Consultant:
KOA Corporation,
a California corporation
By:
Name: Min Zhou
Title: Vice President/California
Regional Manager
DocuSign Envelope ID: 4AF98891-48F0-4324-A946-8AB455814717 8/29/2023
8/29/2023
9/11/2023
------
---------- Bruce Moe
------------------- Steve Charelian
9/13/2023
------
9/13/2023
9/13/2023
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2034384v3.doc City of MB Form
EXHIBIT A
SCOPE OF SERVICES
KOA Corporation shall provide design alternatives for the Manhattan Beach Boulevard and Pacific Avenue Intersection Improvement Project.
Conceptual Alternatives
Concept 1 – Traffic Signal upgrades without geometric configuration changes.
Only upgrade by adding a west leg crosswalk, traffic signal pole modifications including APS system installation/upgrades, signal head upgrades to 12” LEDs as per CAMUTCD standards, ADA crosswalk access ramps to meet current ADA standards, and related signal equipment improvements, as needed.
Concept 2 – Modify only the lane drop merging zone from the existing merging zone west of the intersection for the westbound traffic that is approximately 60 feet long. To meet current CAMUTCD standards for the speed limit (35mph), we will suggest a 205’ merging distance for a 10 ’ wide lane. It should be noted that the proposed merging area would need to be located east of Pacific Avenue not only due to space constraints but also to avoid any confusion.
Concept 3 Add westb ound left -turn pocket, including installing the appropriate signal upgrades as needed. Locate merging zone to be west of Pacific Ave and show the resulting impact on the Parking; Adjust the configuration of eastbound lanes as necessary.
Concept 4 – Modify only the northbound and southbound approaches to provide left turn lanes with the appropriate traffic signal upgrades as needed.
Concept 5 – Add eastbound and westbound bike lanes on Manhattan Beach Boulevard with the possibility of utilizing Sharrows at the intersection. So that any parking loss due to the bike lane installation does not exceed 5 spaces, sharrows are to be used as needed.
Sharrows can be included for Options 1, 2, 3 and/or 4, if selected by the City prior to the concept being initiated.
The above conceptual development of alternatives will assume the following:
1. The City will provide usable CAD files of the plans previously developed by Kimley Horn.
2. No signal design will be included in the scope of work. The proposed traffic signal is assumed to remain a two-phase operation. The scope of work under this task order does not cover concepts to include any protected, protected/permissive or split phasing in any alternative concept unless the City specifically requests such upgrade for one or more alternative(s) prior to the concept plan being initiated.
DocuSign Envelope ID: 4AF98891-48F0-4324-A946-8AB455814717
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2034384v3.doc City of MB Form
3. A new crosswalk across the west leg of the intersection (Option 1 ) may be moved or added to anothe r alternative by the City prior to the conceptual plans being initiated.
4. Bulbouts may also be considered for any of the concepts described above in locations specified by the City prior to the concept plan preparation being initiated.
5. No data analysis of any kind will be included in this effort under the assigned budget.
6. Two round of revisions based on City comments is covered under this scope.
7. ROM construction cost estimates of any kind are excluded from our services under this task order.
8. All concepts provided under this task order exclude construction -level specifications of any kind.
Progress Meetings
The Consultant shall schedule progress review meetings with the City's project manager as necessary.
DocuSign Envelope ID: 4AF98891-48F0-4324-A946-8AB455814717
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Approved for use 2/15/20
2034384v3.doc City of MB Form
EXHIBIT B
APPROVED FEE SCHEDULE
DocuSign Envelope ID: 4AF98891-48F0-4324-A946-8AB455814717 Approved for use 2/15/20
2034384v3.doc City of MB Form
AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MANHATTAN BEACH AND KOA CORPORATION
This Fourth Amendment (“Amendment No. 4”) to that certain agreement by and between the City of Manhattan Beach, a California municipal corporation (“City”) and KOA Corporation, a California corporation (“Consultant”) (collectively, the “Parties”) is hereby made effective as of the date of the last authorized representative signature below (“Effective Date”).
RECITALS
A. On May 31, 2021, the City and Consultant entered into an agreement for professional design services for the Consultant to provide as -needed traffic engineering support services (“Agreement”);
B. On May 3, 2022, the Parties entered into Amendment No. 1 to increase the maximum compensation by $10,000.00 and modify the Scope of Services and Approved Fee Schedule.
C. On June 12, 2023, the Parties entered into Amendment No. 2 to increase the maximum compensation by $20,000.00 ($10,000 annually) and modify the Approved Fee Schedule.
D. On September 13, 2023, the Parties entered into Amendment No. 3 to increase the maximum compensation for fiscal year 2024 for additional services by $8,465 and modify the Approved Fee Schedule. The Original Agreement, as amended by Amendment No. 1, Amendment No. 2, and Amendment No. 3 are referred to herein as the “Agreement”.
E. The Parties now desire to amend the Agreement to increase the Maximum Compensation
by $ 21,535.00 for a new Maximum Compensation of
$70,000.00 and amend the contract method from an annual amount to a total not- to-exceed amount for the term of the Agreement.
NOW, THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereby agree as follows:
Section 1.
Section 3.A of the Agreement is hereby amended and restated as follows:
A. Compensation. As full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the Approved Fee Schedule attached hereto as Ex hibit B. In no event shall Consultant be paid more than $70,000.00 (the “Maximum Compensation”) for such Services.
Section 2. Except as specifically amended by this Amendment No. 4, all other provisions of the Agreement shall remain in full force and effect.
DocuSign Envelope ID: 4C0EB2B9-83CE-424B-9A7E-0A73866A1409 Approved for use 2/15/20
2034384v3.doc City of MB Form
[SIGNATURE PAGE FOLLOWS]
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DocuSign Envelope ID: 4C0EB2B9-83CE-424B-9A7E-0A73866A1409 Approved for use 2/15/20
2034384v3.doc City of MB Form
IN WITNESS THEREOF, the Parties hereto have executed this Amendment No. 4 on the day and year of the last authorized representative signature shown below.
City:
City of Manhattan Beach,
a California municipal corporation
By:
Name: Bruce Moe
Title: City Manager
ATTEST:
By:
Name: Liza Tamura
Title: City Clerk
APPROVED AS TO FORM:
By:
Name: Quinn M. Barrow
Title: City Attorney
APPROVED AS TO FISCAL IMPACT:
By:
Name: Steve Charelian
Title: Finance Director
APPROVED AS TO CONTENT:
By:
Name: Erick Lee
Title: Public Works Director
Consultant:
KOA Corporation,
a California corporation
By:
Name: Giuseppe Canzonieri
Title: Principal, Director of
Engineering
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DocuSign Envelope ID: 4C0EB2B9-83CE-424B-9A7E-0A73866A1409 4/11/2024
4/11/2024
4/11/2024
4/16/2024
4/17/2024
4/17/2024
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2034384v3.doc City of MB Form
EXHIBIT B
APPROVED FEE SCHEDULE
DocuSign Envelope ID: 4C0EB2B9-83CE-424B-9A7E-0A73866A1409