ATTACHMENT 1-1
FIFTH AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
DATE: November 1, 2022
PARTIES: "CITY"
THE CITY OF BURBANK, a municipal corporation
Designated Official: Name: Patrick Prescott
Title: Community Development Director
Telephone: (818) 238-5176
Mailing Address: 275 E. Olive Avenue
P. O. Box 6459
Burbank, CA 91510
"CONSULTANT"
Karen Warner Associates, Inc.
Representative: Name: Karen Warner Associates, Inc.
Title President
Telephone: (626) 791-5596
Mailing Address: 882 N. Holliston Ave
Pasadena, CA 91104
TERM: Original Commencement Date: March 1, 2020
Original Completion Date: February 28, 2021
First Amended Completion Date: February 27, 2022
Second Amended Completion Date: No Change
Third Amended Completion Date: February 26, 2023
Fourth Amended Completion Date: No Change
Fifth Amended Completion Date: No Change
COST OF SERVICE:
Original Cost of Service: $ 379,313.00
First Amendment to Cost of Service: $ 30,000.00
Second Amendment to Cost of Service: $ 60,000.00
Third Amendment to Cost of Service: No Change
Fourth Amendment to Cost of Service: $ 64,420.00
Fifth Amendment to Cost of Service: $ 30,550.00
Revised Cost of Service: $ 564,283.00
ATTACHMENT 1-2
THIS FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “Amendment”), is made and entered into on the date listed above (the “Effective Date”), by and between THE CITY OF BURBANK, a municipal corporation (the “City”) and Karen Warner Associates, Inc. (the “Consultant”). The City and the Consultant are herein referred to, individually, as a “Party”, and, collectively, as the “Parties”.
1.0 Purpose; Definitions. City and Consultant entered into a Professional Services Agreement dated March 1, 2020 (“Agreement”), as amended by that certain First Amendment, dated February 25, 2021, as amended by that certain Second Amendment dated September 14, 2021, as amended by that certain Third Amendment dated February 15, 2022 for Consultant to assist with preparation of the Housing and Safety elements , as amended by that certain Fourth Amendment (collectively the “Agreement”) to increase the cost of service of the Agreement for revisions to the Final Environmental Impact Report (EIR) and to continue to work with California Department of Housing and Community Development. Now City and Consultant desire to again amend the Agreement with this Amendment to cover the consultant services to complete the Final EIR and transportation planning services to answer questions at the City Council meeting.
2.0 Amendment to Services . In addition to the services to be performed in the Agreement, Consultant, as an independent Contractor, agrees to perform during the term of the Agreement, each and every of the additional services set forth on the " Amended Scope of Services" attached hereto as Exhibit A- 5. The initiation of Service by the Consultant will commence upon receipt of a written notice from the Designated Official or Project Manager authorizing Consultant to proceed, and only to the extent of such authorization. The services of the Consultant shall include the making of all investigations, studies, and analysis required by the conditions involved in each request of the Designated Official or Project Manager.
3.0 Amendment to Compensation. The total compensation payable by the City to the Consultant as set forth in Section 3.0 of the Professional Services Agreement is hereby amended to a not to exceed amount of Five Hundred Thirty-Three Thousand, Seven Hundred Thirty-Three Dollars ($564,283). The City shall pay for the amended services of the Consultant set forth in Exhibit A-5 as indicated on the “Amended Schedule of Compensation” attached hereto as Exhibit B-5.
4.0 Execution Counterparts. This Amendment may be executed in counterparts and each such duplicate counterpart shall constitute an original, any one of which may be used for any purpose without the production of its duplicate counterpart. Moreover, each counterpart shall be deemed for all purposes to be an original, and all such counterparts together shall constitute one and the same instrument, binding on all Parties hereto.
Transmission by facsimile, electronic mail, and/or other validated instantaneous electronic transmission to one Party of a true copy of a counterpart duly executed by the other Party shall constitute valid delivery of such counterpart, and shall be valid, binding and effective for all purposes. Notwithstanding the foregoing, the authority under this Section to execute this Amendment with an electronic signature shall be limited to a physical (“wet ink”) signature placed on a counterpart to this Amendment by a Party, and transmitted ATTACHMENT 1-3
electronically as described in this Section to the other Party.
5.0 Ratification of Professional Services Agreement. All other provisions of the Agreement, not inconsistent with this Amendment, shall remain in full force and effect and are specifically incorporated herein.
In recognition of the obligations stated in this Amendment, the parties have executed this Amendment on the date indicated above.
“CONSULTANT” “CITY”
________________________________ By: _____________________________ Signature Signature
________________________________ ________________________________ Name (please print) Name (please print)
________________________________ ________________________________ Title Title
If Consultant is a Corporation or LLC, a Approved as to Form second signature is required. Office of the City Attorney
________________________________ By: _____________________________ Signature Signature
________________________________ ________________________________ Name (please print) Name (please print)
________________________________ ________________________________ Title Title
ATTEST:
Office of the City Clerk
By: _____________________________
Signature
________________________________
Name (please print)
________________________________
Title
ATTACHMENT 1-4
EXHIBIT A-5
AMENDED SCOPE OF SERVICES
Consultant shall perform the following additional services for the benefit of the City:
• Task 3 – Prepare/Finalize Housing Element & Safety Element– Not to exceed $9,000 – Scope of services include, but not limited to, finalizing Housing and Safety elements has required project management, data needs, and revisions beyond what was initially anticipated, including submission of the Safety Element to CAL FIRE for five informal reviews, and responses to public/boards/commission to the final planning document.
• Task 5 – Recirculated Draft EIR – Not to exceed $18,100 – Scope of services include, but not limited to, prepare response to comments on the Recirculated Draft EIR and Final EIR; Updates to the Final EIR for inclusion of the Recirculated Draft EIR; time and materials for recirculation of the Draft EIR due to public comments received regarding biological resources and wastewater conveyance. The recirculation requires the following: preparation of the Introduction, updates to the Project Description based on the final version of the Housing Element, and preparation and revisions to the mitigation measures for the Biological Resources and Utilities/Service Systems sections of the Draft EIR.
• Project Management and Additional Costs – Not to exceed $3,450 – For attendance of City Council meeting, submission of the final planning document to governmental agencies/recordation, direct costs, printing, supplies, and expenses.
ATTACHMENT 1-5
EXHIBIT B-5
AMENDED SCHEDULE OF COMPENSATION
For the services outlined in Amended Scope of Services above, the Consultant and the City agree that the Consultant shall earn its compensation according to the following method:
Time and Materials: The City shall pay for the services on a time- and-material basis.
Consultant shall invoice the City for all actual hours of work performed in accordance with this Amendment at the following rates: