CC SR 20220906 L - Amending PSAs for Time Extension
CITY COUNCIL MEETING DATE: 09/06/2022
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to approve time extensions for various Public Works
Department professional services agreements.
RECOMMENDED COUNCIL ACTION:
(1) Approve Amendment No. 1 to the professional services agreement with
Houston/Tyner extending the time duration of the agreement to June 30, 2023,
without increasing the project budget, to provide design and engineering services
for the public restroom renovations at the Point Vicente Interpretive Center ;
(2) Approve Amendment No. 1 to the professional services agreement with Bureau
Veritas, Inc., extending the time duration of the agreement to June 30, 2023,
without increasing the project budget, to provide engineering services for the City’s
Facilities Asset Management Program;
(3) Approve Amendment No. 1 to the professional services agreement with Bucknam
Infrastructure Group, Inc., extending the time duration of the agreement to June
30, 2023, without increasing the project budget, to create a Roadway Asset
Management Program and update the Pavement Management Pr ogram;
(4) Approve Amendment No. 1 to the professional services agreement with KOA
Corporation, extending the time duration of the agreement to June 30, 2023,
without increasing the project budget, to provide traffic calming plans for certain
neighborhoods; and
(5) Authorize the Mayor and City Clerk to execute the amendments for time extensions
only, in forms approved by the City Attorney.
FISCAL IMPACT: There is no budget/cost impact to the proposed amendments, as
they represent time extensions only.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Ramzi Awwad, Public Works Director
REVIEWED BY: Same as Above
APPROVED BY: Ara Mihranian, AICP, City Manager
1
ATTACHED SUPPORTING DOCUMENTS:
A. Amendment No. 1 to the Professional Services Agreement with
Houston/Tyner (page A-1)
B. Amendment No. 1 to the Professional Services Agreement with Bureau
Veritas (page B-1)
C. Amendment No. 1 to the Professional Services Agreement with Bucknam
Infrastructure Group, Inc. (page C-1)
D. Amendment No.1 to the Professional Services Agreement with KOA
Corporation (page D-1)
BACKGROUND AND DISCUSSION:
The Public Works Department is responsible for managing several projects for the City
that occasionally requires more time to complete than originally envisioned. The City
Council is being asked to consider approving amendments extending the time duration to
certain professional services agreements (PSAs) that have expired in order for work to
continue. The amendments are for time only and no additional funding is needed as the
projects remain within their original budgets. Following is the background and status for
each of the projects associated with the amendments to the professional services
agreement under consideration.
Restroom Improvements at the Point Vicente Interpretive Center
A PSA was awarded to Houston/Tyner by the City Council at its meeting on November 2,
2021, for design and engineering services for renovations of the restrooms at the City’s
Point Vicente Interpretive Center. Notice to Proceed (NTP) was issued to Houston/Tyner
on December 14, 2022. Houston/Tyner provided draft plans for the restrooms in a timely
manner. However, Public Works (PW) Staff has taken longer than originally envisioned
to complete its review of the design plans due to competing priorities.
Recently, PW onboarded a contract project management firm, Integrated Engineering
Management (IEM), to provide project management services for this project, through the
on-call services agreement awarded by the City Council at its meeting on May 17, 2022.
IEM, working with Staff, reviewed the draft plans and prepared a list of comments for
Houston/Tyner to address through revisions. However, because the PSA with
Houston/Tyner has expired, the comments cannot be addressed to move the project
forward unless the agreement is extended.
Staff recommends amending the PSA with Houston/Tyner to extend the term of the
agreement until September 7, 2023, coinciding with the 50th anniversary of the City’s
incorporation, the target date for completion of construction. This will allow time to make
the necessary revisions to the plans, complete the specifications, procure a construction
contractor, and complete construction.
2
Facilities Asset Management Program
A PSA was awarded to Bureau Veritas Technical Assessments, LLC (Bureau Veritas) by
the City Council at its meeting on December 7, 2021, to provide engineering services for
the City’s Facilities Asset Management Program . NTP was issued to Bureau Veritas on
January 10, 2022. The original schedule required Bureau Veritas to provide completed
reports to the City by March 11, 2022.
Bureau Veritas did provide initial assessment reports on all of the City’s facilities in a
timely manner. However, PW Staff has taken longer than originally envisioned to
complete its review of the reports.
Recently, PW onboarded a contract project management firm, IEM, to provide project
management services for this project, through the on-call services agreement awarded
by City Council at its meeting on May 17, 2022. IEM, working with Staff, reviewed the
initial assessment reports and prepared a list of comments for Bureau Veritas to address
through revisions. However, because the PSA with Bureau Veritas has expired, the
comments cannot be addressed to move the project forward unless the agreement is
extended.
Staff recommends amending the PSA with Bureau Veritas to extend the term of the
agreement until June 30, 2023, coinciding with the end of the current fiscal year. This will
allow time to make the necessary revisions, seek input from the Infrastructure
Management Advisory Committee (IMAC), and finalize the reports.
Triennial Update to the Pavement Management Program/Roadways Asset Management
Program
A PSA was awarded to Bucknam Infrastructure Group, Inc. (Bucknam) by the City Council
at its meeting on December 7, 2021, to create a Roadway Asset Management Program
(RAMP) and update the Pavement Management Program . NTP was issued to Bucknam
on January 10, 2022. The original schedule required completion of the Roadway Asset
Management Plan by May 1, 2022.
Bucknam did provide a draft report in a timely manner. However, PW Staff has been in
the process of reviewing the draft report as priorities are juggled.
Staff recommends amending the Professional Services Agreement with Bucknam to
extend the term of the agreement until June 30, 2023, coinciding with the end of the
current fiscal year. This will allow time for Staff to complete its review, provide comments,
for Bucknam to address those comments, for input to be sought from IMAC, and for the
Roadway Asset Management Plan to be finalized.
3
Traffic Calming Studies/Reports for Various Locations
A PSA was awarded to KOA Corporation (KOA) by the City Council at its meeting on
June 1, 2021, for traffic calming plans for the Pacific View neighborhood, a portion of
Hawthorne Boulevard south of Crest Road, Hawthorne Boulevard at Ravenspur Drive, La
Rotonda Drive, a portion of Avenida Classica, and Fond Du Lac Road. NTP was issued
to KOA on June 21, 2022. The original schedule required KOA to provide the completed
traffic calming studies/reports to the City no later than June 1, 2022. For various reasons,
some of the traffic calming studies/reports are still ongoing.
Staff recommends amending the PSA with KOA to extend the term of the agreement until
June 30, 2023, coinciding with the end of the current fiscal year, the target date for
completion of the traffic calming studies/reports.
ALTERNATIVE:
In addition to the Staff recommendations, the following alternative actions are available
for the City Council’s consideration:
1. Do not approve the contract amendments.
2. Identify additional amendments to be considered and direct staff to return with
updated agreements.
3. Take other action, as deemed appropriate.
4
AMENDMENT NO. 1
TO AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES
Amendment No. 1”) by and between the CITY OF RANCHO PALOS VERDES, a general
law city & municipal corporation (“City”), and HOUSTON/TYNER, a California corporation
Consultant”), is effective as of September 6, 2022.
RECITALS
A. City and Consultant entered into that certain Agreement for Professional Services
dated November 2, 2021 (“Agreement”) whereby Consultant agreed to provide design and
engineering services for renovating the public restrooms at the City’s Point Vicente Interpretive
Center (the “Services”), for a Contract Sum of $30,600. The Term of the Agreement was for 180
days, with an option to extend for an additional 90 days.
B. City has been delayed in its review of Consultant’s first round of concepts. The City
and Consultant now desire to amend the Agreement to extend the term of that Agreement so that
the scope of services can be completed.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Deleted text is
indicated in strikethrough and added text in bold italics.
a. Section 3.4, Term, is amended to read:
Unless earlier terminated in accordance with Article 7 of this
Agreement, this Agreement shall continue in full force and effect
until completion of the services but not exceeding 180 calendar days
from the date hereofJune 30, 2023, except as otherwise provided in
the Schedule of Performance Exhibit "D") The City may, in its
discretion, extend the Term by 90 calendar days.”
b. Section I of Exhibit “D” Schedule of Compensation is amended to
read:
Task
Approximate
time to
complete Deadline
A. Complete ADA &
Infrastructure Survey and
CAD backgrounds
Two weeks November 5, 2021
Completed
A-1
01172.0006/815067.2 -2-
B. Review Design Preferences
with City
N/A November 5, 2021
Completed
C. Prepare first round of
concepts
Four weeks November 19, 2021
Completed
D. Incorporate comments from
initial concept presentation
and re-present
Three weeks December 17, 2021
Three weeks from receipt of City
comments
E. Prepare and Submit Design
Development Drawings
Three weeks January 14, 2022
Three weeks from incorporation of
presentation comments (Task D)
F. Present to City Council 1 day February 15, 2022
October 18, 2022
G. Complete Bid/Construction
Documents and Submit to
City
Three weeks March 11, 2022
November 8, 2022
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1,
all provisions of the Agreement shall remain unchanged and in full force and effect. From and
after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement,
it shall mean the Agreement, as amended by this Amendment No. 1 to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Consultant each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement. Each party represents and warrants to the other that there have been
no written or oral modifications to the Agreement other than as provided herein. Each party
represents and warrants to the other that the Agreement is currently an effective, valid, and binding
obligation.
Consultant represents and warrants to City that, as of the date of this Amendment No. 1,
City is not in default of any material term of the Agreement and that there have been no events
that, with the passing of time or the giving of notice, or both, would constitute a material default
under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment No. 1,
Consultant is not in default of any material term of the Agreement and that there have been no
events that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment No. 1.
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01172.0006/815067.2 -3-
5. Authority. The persons executing this Amendment No. 1 on behalf of the parties
hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this
Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and
iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement
to which said party is bound.
SIGNATURES ON FOLLOWING PAGE]
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01172.0006/815067.2 -4-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES,
a municipal corporation
David Bradley, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
HOUSTON/TYNER,
a California corporation
By: _______________________________
William H. Wickett
President
By: _______________________________
Gary Houston
Chief Financial Officer
Address: 2630 Sepulveda Boulevard
Torrance, California 90505
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
Gary Houston
Digitally signed by Gary
Houston
Date: 2022.08.30 07:56:57
07'00'
William H Wickett
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01172.0006/815067.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES))
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
A-5
01172.0006/815067.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES))
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
Signature:
Email:
William H Wickett (Aug 30, 2022 08:02 PDT)
William H Wickett
bjw@houstontyner.com
A-6
RPV - Amendment to PSA with Houston Tyner-
GH signed
Final Audit Report 2022-08-30
Created:2022-08-30
By:HT Marketing (genevieves@houstontyner.com)
Status:Signed
Transaction ID:CBJCHBCAABAA3Mco0snkvyUp8cRJxCL9wHHEz8v7nZTR
RPV - Amendment to PSA with Houston Tyner-GH signed" Hist
ory
Document digitally presigned by Gary Houston (garyh@houstontyner.com)
2022-08-30 - 2:56:57 PM GMT- IP address: 47.154.121.73
Document created by HT Marketing (genevieves@houstontyner.com)
2022-08-30 - 2:57:43 PM GMT- IP address: 47.154.121.73
Document emailed to bjw@houstontyner.com for signature
2022-08-30 - 2:58:11 PM GMT
Email viewed by bjw@houstontyner.com
2022-08-30 - 3:02:17 PM GMT- IP address: 174.231.3.102
Signer bjw@houstontyner.com entered name at signing as William H Wickett
2022-08-30 - 3:02:53 PM GMT- IP address: 174.231.3.102
Document e-signed by William H Wickett (bjw@houstontyner.com)
Signature Date: 2022-08-30 - 3:02:54 PM GMT - Time Source: server- IP address: 174.231.3.102
Agreement completed.
2022-08-30 - 3:02:54 PM GMT
A-7
AMENDMENT NO. 1
TO AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES
(“Amendment No. 2”) by and between the CITY OF RANCHO PALOS VERDES, a general
law city & municipal corporation (“City”), and BUREAU VERITAS TECHNICAL
ASSESSMENTS, LLC., a limited liability corporation (“Consultant”), is effective as of
September 6, 2022.
RECITALS
A. City and Consultant entered into that certain Agreement for Professional Services
dated December 7, 2021 (“Agreement”) whereby Consultant agreed to provide engineering
services for the City’s Facilities Asset Management Program (the “Services”), for a Contract Sum
of $93,313.75 and a Term of one year.
C. City anticipates delays on the Facilities Asset Management Program, therefore the
City and Consultant now desire to amend the Agreement to extend the Term until June 30, 2023.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Deleted text is
indicated in strikethrough and added text in bold italics.
a. Section 3.4, Term, is amended to read:
“Unless earlier terminated in accordance with Article 7 of this Agreement,
this Agreement shall continue in full force and effect until completion of
the services but not exceeding one year from the date hereofJune 30, 2023,
except as otherwise provided in the Schedule of Performance ( Exhibit D).”
b. Exhibit “D” Schedule of Performance is amended to read:
“Timing
BVTA’s report(s) will be delivered within 40-45 15 full business/working
days (7-8 weeks) of receipt of comments & requests for correction on
reports from the City.”
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1,
all provisions of the Agreement shall remain unchanged and in full force and effect. From and
after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement,
it shall mean the Agreement, as amended by this Amendment No. 1 to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Consultant each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement. Each party represents and warrants to the other that there have been
B-1
01172.0006/815090.2 -2-
no written or oral modifications to the Agreement other than as provided herein. Each party
represents and warrants to the other that the Agreement is currently an effective, valid, and binding
obligation.
Consultant represents and warrants to City that, as of the date of this Amendment No. 1,
City is not in default of any material term of the Agreement and that there have been no events
that, with the passing of time or the giving of notice, or both, would constitute a material default
under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment No. 1,
Consultant is not in default of any material term of the Agreement and that there have been no
events that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment No. 1.
5. Authority. The persons executing this Amendment No. 1 on behalf of the parties
hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this
Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and
(iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement
to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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01172.0006/815090.2 -3-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
____________________________________
David Bradley, Mayor
ATTEST:
_________________________________
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_________________________________
William W. Wynder, City Attorney
CONSULTANT:
BUREAU VERITAS TECHNICAL
ASSESSMENTS, LLC, a limited liability
company
By: ________________________________
Erik Piller
Senior Vice President
By: ________________________________
Matt Munter, PE
Executive Vice President
Address: 10461 Mill Run Circle, Suite 1100
Owings Milles, MD 21117
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
B-3
01172.0006/815090.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
DESCRIPTION OF ATTACHED DOCUMENT
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
08/30 Casey Orndorff Erik Piller
Type text here
B-4
01172.0006/815090.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
DESCRIPTION OF ATTACHED DOCUMENT
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
On _____08/30_____, 2022 before me, ______Casey Orndorff__________, personally appeared __Matt Munter___, proved to me on the
B-5
AMENDMENT NO. 1
TO AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES
(“Amendment No. 2”) by and between the CITY OF RANCHO PALOS VERDES, a general
law city & municipal corporation (“City”), and BUCKNAM INFRASTRUCTURE GROUP,
INC., a California corporation (“Consultant”), is effective as of September 6, 2022.
RECITALS
A. City and Consultant entered into an Agreement for Professional Services dated
December 7, 2021 (“Agreement”) whereby Consultant agreed to create a Roadway Asset
Management Program (RAMP) and update the Pavement Management Program (PMP) (the
“Services”), for a Contract Sum of $172,798 and a Term of one year.
B. City has caused delays and therefore Consultant requires additional time to
complete the Services. The City and Consultant now desire to amend the Agreement to extend the
Term of the Agreement until June 30, 2023.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Deleted text is
indicated in strikethrough and added text in bold italics.
a. Section 3.4, Term, is amended to read:
“Unless earlier terminated in accordance with Article 7 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services
but not exceeding one year from the date hereofJune 30, 2023, except as otherwise
provided in the Schedule of Performance ( Exhibit “D”).”
b. Section I of Exhibit “D” Schedule of Performance is replaced with
the following:
Draft Report Final Report
Pavement Management System – triennial update 3/1/2022
Complete
5/1/2022
8 weeks after
receiving final
City comments
Sidewalks Assessment 3/1/2022
Complete
5/1/2022
8 weeks after
receiving final
City comments
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01080.0006/815132.1 -2-
Guardrail Assessment 3/1/2022
Complete
5/1/2022
8 weeks after
receiving final
City comments
Traffic Signs Assessment (Retroreflectivity) 3/1/2022
Complete
5/1/2022
8 weeks after
receiving final
City comments
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1,
all provisions of the Agreement shall remain unchanged and in full force and effect. From and
after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement,
it shall mean the Agreement, as amended by this Amendment No. 1 to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Consultant each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement. Each party represents and warrants to the other that there have been
no written or oral modifications to the Agreement other than as provided herein. Each party
represents and warrants to the other that the Agreement is currently an effective, valid, and binding
obligation.
Consultant represents and warrants to City that, as of the date of this Amendment No. 1,
City is not in default of any material term of the Agreement and that there have been no events
that, with the passing of time or the giving of notice, or both, would constitute a material default
under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment No. 1,
Consultant is not in default of any material term of the Agreement and that there have been no
events that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment No. 1.
5. Authority. The persons executing this Amendment No. 1 on behalf of the parties
hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this
Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and
(iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement
to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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AMENDMENT NO. 1
TO AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES
Amendment No. 1”) by and between the CITY OF RANCHO PALOS VERDES, a general law
city & municipal corporation (“City”) and KOA CORPORATION, a California corporation
Consultant”), is effective as of September 6, 2022.
RECITALS
A. City and Consultant entered into that certain Agreement for Professional Services
dated June 1, 2020 (“Agreement”) whereby Consultant agreed to provide Traffic Calming Plans for
the Pacific View Neighborhood, Hawthorne Boulevard between Palos Verdes Drive W. and Verde
Ridge Road, Hawthorne/ Ravenspur, Avenida Classica, Fond Du Lac Road and La Rotonda Drive
the “Services”) for one year, for a Contract Sum of $89,636, with the option of one additional 1-
year extension at the City’s discretion.
B. Due to unforeseen delays, the Services were put on hold. City and Consultant now
desire to amend the Agreement to extend the time to complete the Services to June 30, 2023. No
additional compensation is required.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Deleted text is
indicated in strikethrough and added text in bold italics.
a. Section 3.4, Term, is amended to read:
Unless earlier terminated in accordance with Article 7 of this
Agreement, this Agreement shall continue in full force and effect
until completion of the services but not exceeding 1 year from the
date hereofJune 30, 2023, except as otherwise provided in the
Schedule of Performance (Exhibit “D”). The City may, in its
discretion, extend the Term by 1 additional 1- year terms.”
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all
provisions of the Agreement shall remain unchanged and in full force and effect. From and after the
date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall
mean the Agreement, as amended by this Amendment No. 1 to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Consultant each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement. Each party represents and warrants to the other that there have been no
written or oral modifications to the Agreement other than as provided herein. Each party represents
and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
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01203.0006/815297.2 -2-
Consultant represents and warrants to City that, as of the date of this Amendment No. 1, City
is not in default of any material term of the Agreement and that there have been no events that, with
the passing of time or the giving of notice, or both, would constitute a material default under the
Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment, Consultant
is not in default of any material term of the Agreement and that there have been no events that, with
the passing of time or the giving of notice, or both, would constitute a material default under the
Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 1.
5. Authority. The persons executing this Amendment No. 1 on behalf of the parties
hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to
execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this
Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv)
the entering into this Amendment No. 1 does not violate any provision of any other agreement to
which said party is bound.
SIGNATURES ON FOLLOWING PAGE]
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01203.0006/815297.2 -3-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and
year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
David Bradley, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONSULTANT:
By: ___________________
Name:
Title:
By: ________________________________
Name:
Title:
Address: ____________________________
Two corporate officer signatures required when Consultant is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
KOA Corporation
1100 Corporate Center Dr, Monterey Park, CA, 91754
Joel Falter
Principal
Min Zhou
President/CEO
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01203.0006/815297.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES))
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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01203.0006/815297.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2022 before me, ________________, personally appeared ________________, proved to me on the
basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES))
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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