2nd or subsequent amendments - increase term only 2021 Page 1
THIRD AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
DATE: November 2, 2022
PARTIES: "CITY"
THE CITY OF BURBANK, a municipal corporation
Designated Official: Name: Ken Berkman
Title: Public Works Director
Telephone: 818-238-3915
Mailing Address: 275 E. Olive Avenue
P. O. Box 6459
Burbank, CA 91510
"CONSULTANT"
LEO A. DALY COMPANY
Representative: Name: Nicos Katsellis
Title Vice President, Director of Operations
Telephone: 213-629-0100
Email: [email protected]
Mailing Address: 550 South Hope Street, 27
th Floor
Los Angeles, CA 90071
TERM: Original Commencement Date: November 3, 2020
Original Completion Date: November 3, 2021
First Amended Completion Date: No Change
Second Amended Completion Date: November 2, 2022
Third Amended Completion Date: November 2, 2023
COST OF SERVICE:
Original Cost of Service: $89,300.00
First Amendment to Cost of Services: +$8,499.00
Second Amendment to Cost of Services: No Change
Third Amendment to Cost of Services: +$30,672
Revised Cost of Service: $128,471.00
THIS THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “Amendment”), is made and entered into the date listed above (the “Effective Date”), by and between THE CITY OF BURBANK, a municipal corporation (the “City”) and LEO A. DALY Attachment 2
2nd or subsequent amendments - increase term only 2021 Page 2
COMPANY (the “Consultant”). The City and the Consultant are herein referred to, individually, as a “Party”, and, collectively, as the “Parties”.
1.0 Purpose; Definitions. The City and the Consultant entered into a Professional Services Agreement dated November 3, 2020 as amended by that certain First Amendment to Professional Services Agreement dated April 13, 2021, and that certain Second Amendment dated November 2,2022 (collectively the “Agreement”), for additional services related to new access controls at the Community Services Building (“CSB”). Now, the City and the Consultant desire to amend the Agreement with this Amendment in order to extend the term of the Agreement and to increase the Cost of Services by +$30,672.00 to complete the security enhancements at the CSB. Capitalized terms not defined herein shall have the meaning assigned to such term in the Agreement.
2.0 Amendment to Term. Section 2.1 of the Agreement is amended to extend the Term to November 2, 2023.
3.0 Amendment to Scope of Services. The Scope of Services (attached to the Agreement as Exhibits "A" and “A-1”), is amended by adding additional services as set forth in Exhibit A-2. The initiation of Service by the Consultant will commence upon receipt of a written notice from the Designated Official 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.
4.0 Amendment to Cost of Services and Schedule of Compensation. The Cost of Services set forth in Section 3.0 of the Agreement is hereby increased by $30,672 to a not-to-exceed amount of $128,471.00. Additionally, the Schedule of Compensation (attached to the Agreement as Exhibits "B" and “B-1”), is hereby amended to add Exhibit B-2, which addresses the addition $30,672 cost.
5.0 Execution C ounterparts. 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 electronically as described in this Section to the other Party.
6.0 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.
Attachment 2 - Page 2
2nd or subsequent amendments - increase term only 2021 Page 3 In recognition of the obligations stated in this Amendment, the parties have executed this Amendment on the date indicated above.
“CONSULTANT” “CITY”
________________________________ _______________________________ Signature Signature
__________________________ _____________________________ Name (please print) Name (please print)
__________________________ ________________________________ Title Title
If Consultant is a Corporation or LLC, a
second signature is required
________________________________
Signature
________________________________
Name (please print)
________________________________
Title
Approved as to Form
Office of the City Attorney
________________________________
Signature
KaneThuyen______________________
Name (please print)
Senior Assistant Attorney ____________
Title
ATTEST:
_______________________________
Signature
Kimberly Clark _________________
Name (please print)
City Clerk ____________________
Title
Ken Berkman
Public Works Director
______________________________________________ _____________ ature
Nicos Katsellis
Vice President, Director of Operations
Paul H. Coleman
Vice President, Managing Principal
Attachment 2 - Page 3
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EXHIBIT A-2
AMENDED SCOPE OF SERVICES
Consultant shall perform the following additional/amended services for the benefit of the City:
1. Design Services
a) Changing documents for Add Alternate #1 and Add Alternate #2 and Issuance of Addendum A (09/13/21) for the changes.
b) On-going communications with the city and bidders for the changes. c) Communication with vendors for changes in Add Alternates and owner-purchase items.
2. Bidding Services
a) Changing and repackaging bid documents for new bid requirements. b) On-going communications with the city and bidders during the new solicitation process.
c) Reinstating building permit without changing the permit documents. d) Participation in one new round of Bidding in 2023 for the documents permitted on August 18, 2021 by CDD-Building Division, City of Burbank.
3. Construction Contract Administration Services
a) Construction contract administration service (Construction Support) fee is increased per escalated labor rates
b) No changes in the scope of service and hours for the Construction contract administration services
c) Construction Schedule changes
x Original project completion date: November 3, 2021
x Amended project completion date with Second Amendment (dated on Nov 1, 2021): November 2 ,2022
x New project completion date: November 2, 2023
All deliverables provided under this Third Amendment shall be in the form and substance reasonably satisfactory to the City.
Attachment 2 - Page 4
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EXHIBIT B-2
AMENDED COST OF SERVICES
Consultant shall perform the following additional/amended services for the benefit of the City:
DOLLAR AMOUNT: The cost of services is increased by a lump sum amount of $18,672, as follows:
Contingency: It is anticipated that there will be unforeseen requests for services. If so, the Public Works Director may review and approve up to $12,000.00 in invoices for such additional requests for services at the time and materials rates listed below.
Total amended cost of services is $30,672.
ASSUMPTIONS: The fees are based on a compiled deliverable in conjunction with the original work. Separate deliverable packages for separate bid processes will require additional fees.
Attachment 2 - Page 5
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Attachment 2 - Page 6