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SEVENTH AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
DATE: November 7, 2023
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"
AECOM Technical Services, Inc.
Representative: Name: Charlene Dekker
Title Vice President
Telephone: (213) 330-7259
Mailing Address: 300 South Grand Avenue, 10th Floor
Los Angeles, CA 90071
TERM: Original Commencement Date: August 10, 2016
Original Completion Date: August 31, 2018
First Amended Completion Date: August 31, 2019
Second Amended Completion Date: August 31, 2020
Third Amended Completion Date: December 31, 2021
Fourth Amended Completion Date: No Change
Fifth Amended Completion Date: December 30, 2022
Sixth Amended Completion Date: December 30, 2023
Seventh Amended Completion Date: December 30, 2024
COST OF SERVICE:
Original Cost of Service: $1,189,000.00
First Amendment to Cost of Service: No Change
Second Amendment to Cost of Service: No Change
Third Amendment to Cost of Service: $ 31,000.00
Fourth Amendment to Cost of Service: $ 111,000.00
Fifth Amendment to Cost of Service: No Change
Sixth Amendment to Cost of Service: $ 130,000.00
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Seventh Amendment to Cost of Service: $229,000.00
Revised Cost of Service: $1,690,000.00
THIS SEVENTH 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 AECOM TECHNICAL SERVICES, 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 August 2, 2016 (“Agreement”), as amended by that certai n First Amendment, dated August 23, 2018 , as amended by that certain Second Amendment, dated March 1, 2020, as amended by that certain Third Amendment, dated May 1, 2020, as amended by that certain Fourth Amendment dated September 28, 2021, as amended by that certain Fifth Amendment dated December 30 , 2021, as amended by that certain Sixth Amendment dated November 1, 2022, (collectively the “Agreement”) for Consultant to prepare the Golden State Specific Plan and to conduct the environmental review under the California Environmental Quality Act. Now City and Consultant desire to again amend the Agreement with this Amendment in order to extend the term of the Agreement to December 30, 202 4, and to further supplement the project budget, to account for additional environmental review and public outreach.
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 he reto as Exhibit A -7. 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 th e 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 $1,690,000.00. The City shall pay for the amended services of Consultant set for th in Exhibit A -7 as indicated on the “Amended Schedule of Compensation” attached hereto as Exhibit B-7.
4.0 Amendment to Term . The Parties hereby agree, that the Term is hereby extended to December 30, 2024.
5.0 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 ATTACHMENT 1 - 2
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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 Pro fessional 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.
[Signature Page on the Following Page]
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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
________________________________ Patrick Prescott
Name (please print) Name (please print)
________________________________ Community Development Director 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
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EXHIBIT A-7
AMENDED SCOPE OF SERVICES
Consultant shall perform the following additional services for the benefit of the City:
Addendum to Scope/Fee for Golden State Specific Plan – Additional Outreach and Expanded CEQA Analysis
TASK 1: Project Management, Organization and Work Plan
Subtask 1.4 Additional Technical Time
AECOM will perform additional technical work in support of the Specific Plan and/or EIR development and adoption.
Fee: $18,650
1.4.1 - Walking Tours (2)
AECOM will prepare materials for up to two walking tours of the study area, which are anticipated to include event flyers, maps with route and key stopping points, and questions/prompts for public feedback (one of each for both tours). It is assumed that the tour locations will be different and therefore require cu stomized support materials for each. AECOM will participate in discussions with the City to determine ideal routes based on expected attendees, target timeframe, and appropriate meetup and ending locations.
The budget assumed that one senior -level AECOM staff will attend to help facilitate the walking tours.
Deliverables:
• Walking tour handout and digital flyer
Fee: $7,500
Specific tasks will be agreed upon in writing prior to work commencement and will be billed on a time and materials basis up to a maximum of $67,250.
Total Additional Technical Time Budget: $26,150
TASK 2: Public Participation and Outreach, Stakeholder Education, and Engagement
Subtask 2.7 Additional Outreach
AECOM will support the City with supplemental outreach work due to extended project timeline and need to re -engage with the community. Each outreach component is described below.
2.7.2 - Pop-Up Events (2)
AECOM will support City staff in preparing for up to two pop-up events in which City staff ATTACHMENT 1 - 5
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will set up a table or booth at a public event, e.g. farmers market or other event where the community gathers, to get the word out about the project and gather focused feedback on work to date. AECOM will prepare boards, flyers, and/or handouts in support of both events, but have not budgeted for staff attendance. If boards are used, we have assumed board content will stay the same for both events. Printing costs are not included in budget.
Deliverables:
• Digital flyer, boards (up to 6), and/or handouts (specific needs to be deter mined depending on type of event)
Fee: $5,500
2.7.3 - Internal and External Stakeholder Meetings (13) AECOM understands that City staff would like to meet with the following internal stakeholders during the course of the project:
• Inter-Departmental Review Committee (IDRC) – up to 3 meetings • Development Oversight Committee (DOC) - 2 meetings
• Technical Working Group (TWG) - 3 meetings
AECOM will provide up to 8 PowerPoint presentations in support of the above meetings.
We have assumed that the meetings will occur at different stages of the project and the audience is different; therefore, PowerPoint presentations are anticipated to be different for each meeting (although portions of the presentation are likely to be the same or similar).
AECOM will support the City in preparing for up to five external virtual stakeholder meetings. These are assumed to be one -hour meetings with local business or property owners, resident groups, advocacy organizations, or similar groups. The PowerPoint is anticipated to be the same content for each meeting, with very minor customization.
The above meetings are assumed to be facilitated and attended by City staff without AECOM in attendance. However, we have budgeted for one senior-level AECOM staff to attend up to six stakeholder meetings (internal or external) as needed.
Deliverables:
• Internal stakeholders – short PowerPoint (approximately 15 slides or less) • External stakeholders – short PowerPoint (approximately 15 slides or less)
Fee: $9,500
2.7.4 - Board and Commission Support (6)
AECOM will support City staff in preparing up to six Board and Commission meetings:
• Burbank Water and Power
• Chamber of Commerce
• Sustainable Burbank Commission
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• Infrastructure Oversight
• Transportation
• Burbank Glendale Pasadena Airport Authority
AECOM has assumed the creation of a short PowerPoint for each of the six meetings.
The presentations are assumed to be similar and focused on project updates without a significant number of custom slides for each meeting.
The above meetings are assumed to be facilitated and attended by City staff without AECOM in attendance. However, we have budgeted for one senior-level AECOM staff to attend up to two meeting if needed.
Deliverables:
• PowerPoint presentation (approximately 15 slides or less)
Fee: $6,800
2.7.5 - Workshop #4
The purpose of Workshop #4 is to share the Draft Specific Plan with the community and gather feedback each component of the plan, including policies, standards, and implementation programs. It is common for the final workshop before the adoption process to be an Open House format, som etimes with an associated presentation.
AECOM has assumed this format for budgeting purposes, but can be flexible on the specific format within the proposed budget.
AECOM has assumed responsibility for the preparation of the following:
• Event flyer
• Two preparation calls with the City, focused specifically on Workshop #4 • Run-of-show, which outlines agenda, roles, logistics, and materials for workshop • Boards
• Presentation (PowerPoint)
• Meeting summary, including feedback summary
We have assumed that the Cit y will be responsible for securing the venue. The budget assumed that four AECOM staff will attend.
Deliverables:
• Event flyer
• Run-of-Show
• Boards (up to 15)
• PowerPoint Presentation
• Meeting summary, including feedback summary
Fee: $26,000
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2.7.6- Plan Adoption Support
AECOM will support City staff in preparing for and attending up to four Planning Commission or City Council study sessions as needed. We have assumed budget for the creation of up to four PowerPoint presentations.
AECOM will prepare for and attend one Virtual Public Meeting to be scheduled in advance of the Planning Commission hearing. AECOM will prepare a PowerPoint presentation that summarizes the Draft Specific Plan and allows for public feedback before the Plann ing Commission draft is finalized. For budget purposes, we have assumed a straightforward meeting format with a presentation followed by questions and answers. Breakout rooms requiring additional staff were not assumed. The budget assumed that two senior -level AECOM staff will attend the virtual meeting.
In addition, AECOM will support City by preparing for and attending the Airport Land Use Commission (ALUC) Public Hearing (one senior-level AECOM staff).
Deliverables:
• PowerPoint Presentation for 1 virtual public meeting
• PowerPoint Presentations for up to four PC or CC study sessions • PowerPoint Presentation for ALUC Hearing
Fee: $17,800
Total Additional Outreach Budget: $65,600
TASK 4: Multimodal Connectivity, Streetscape Plan , Station Access, Parking Analysis, and Land Use and Overlay Assessment
Subtask 4.7: Plan Adoption Support
STV staff will support City staff in preparing and for and attending up to seven City Council or Transportation Commission or Planning Commission study sessions as need it. We have assumed a budget for creating up to seven PowerPoint presentations. The bud get assumed that one senior-level STV staff members would attend.
Deliverables:
• PowerPoint Presentation for 7 meetings.
Fee: $6,750
TASK 5: Economic, Real Estate, Fiscal and Financial Planning
Task 5.4 – Fiscal Impact Study
Focused market assessment: AECOM will conduct a focused market assessment to identify representative land uses for the anticipated build-out of the Golden State Specific Plan. These will include residential, office, retail, industrial, and flex uses that h ave been validated in the market and correspond to the proposed GSSP land use designations.
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The assessment will lead directly to development of up to 14 prototypes on which the fiscal impact analysis will be based.
Fee: $5,000
TASK 8: Environmental Analysis
AECOM understands that the City of Burbank (City) proposes to analyze the Increased Density Alternative as part of the Golden State Specific Plan (GSSP) Project (proposed Project). The Increased Density Alternative would provide for increased density in the GSSP under State of California Density Bonus Law (Government Code Section 65915 - 65918) and City density bonus allowances, consistent with the project Capacity Analysis assumptions.
As requested by the City, AECOM has prepared the scope below to provide additional support for analysis of the Increased Density Alternative under the following existing and new tasks. Deliverables associated with Tasks 8.1-8.8 are already included in the existing scope; the work herein represents addit ional analysis required to supplement existing deliverables.
Subtask 8.1: NOP/Scoping Meeting
As discussed in the original scope, AECOM filed a Notice of Preparation (NOP) with the Los Angeles County Clerk on August 12, 2020 and held a public scoping mee ting on August 26, 2020. AECOM does not anticipate that any revisions to the NOP will be needed that would require recirculation, as the Increased Density Alternative would not make any changes to the proposed Project or expand the scope of the EIR. Howeve r, AECOM will continue to advise the City on Native American consultation.
Fee: $2,100
Subtask 8.2: Administrative Draft EIR
This subtask discusses the additional analysis required throughout the EIR in order to fully analyze the new Increased Density A lternative. In addition, a review of previously prepared existing setting discussions will be required due to passage of additional time.
AECOM anticipates that additional analysis would be required within the Project Description and the following EIR sections related to the Increased Density Alternative:
Project Description
• Review and revise existing environment setting discussions as needed due to • Additional analysis of the Increased Density Alternative, including specific buildout details.
• New graphics depicting the Increased Density Alternative, including Specific Plan and zoning graphics detailing GSSP subareas.
• Review of the revised Project De scription by the AECOM Planning Team to ensure consistency with the Specific Plan.
Aesthetics
• Additional analysis of potential visual and aesthetic impacts related to scenic vistas, scenic highways, the visual quality and character of the site.
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• Additional analysis of lighting and glare impacts.
Agriculture & Forestry Resources
• Additional analysis of potential impacts to agriculture and forestry resources, including conflicts with proposed land use and zoning designations due to the Increased Density Alternative.
Air Quality
• Additional analysis of the Increased Density Alternative on regional and local emissions and odors during construction and operation.
• Additional analysis of the Increased Density Alternative’s consistency with the applicable air quality plans.
• Additional air quality model runs and revisions within the Air Quality Impact Report to address future buildout impacts from the Increased Density Alternative.
Biological Resources
• Additional analysis of the Increased Density Alternative on biological resources in the GSSP area.
Cultural Resources
• Additional analysis of the Increased Density Alternative on cultural and archaeological resources in the GSSP area.
Energy
• Additional energy calculations to determine if the Increased Density Alternative could result in a potentially significant impact due to wasteful, inefficient, or unnecessary consumption of energy resources or conflict with or obstruct a state or local plan for renewable energy or energy efficiency.
• Additional energy model runs to determine consistency with state and local renewable energy programs.
Geology and Soils
• Additional analysis of the Increased Density Alternative’s impact on geology, soils, and paleontological resources in the GSSP area.
Greenhouse Gas Emissions
• Additional analysis of impacts to GHG emissions during construction and operation of the Increased Density Alternative.
• Additional analysis of potential conflicts with any applicable plan, policy, or regulation of an agency adopted for the purpose of reducing the emissions of GHGs. • Additional GHG model runs and revisions within the Greenhouse Gas Emissions Impact Report to address future buildout impacts from the Increased Density Alternative.
Hazards and Hazardous Materials
• Additional analysis of the Increased Density Alternative’s impact on hazardous materials, emergency plans, and wildland fires in the GSSP area.
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Hydrology and Water Quality
• Additional analysis of the Increased Density Alternative’s impact on groundwater extraction and water demand.
Land Use and Planning
• Additional analysis of the Increased Density Alternative’s consistency with the Los Angeles County General Plan, the City of Burbank General Plan, the City of Burbank zoning code, and the SCAG RTP/SCS.
• New land use graphics depicting the Increased Density Alternative.
Mineral Resources
• Additional analysis of the Increased Density Alternative’s impact on mineral resources in the GSSP area.
Noise
• Additional analysis of potential noise impacts due to the Increased Density Alternative, including interior, exterior, traffic, and construction noise. • Additional analysis of impacts to sensitive receptors due to the Increased Density Alternative.
• New graphics depicting locations of sensitive receptors. • Additional noise and vibration model runs and revisions within the Noise Report to address future buildout impacts from the Increased Density Alternative.
Population and Housing
• Additional analysis of population and housing impacts due to the construction of additional housing for the Increased Density Alternative.
Public Services
• Additional analysis of the increased demand for public services under the Increased Density Alternative in the areas of schools, police, fire, and libraries.
Recreation
• Additional analysis of the increased demand for parks and recreational facilities due to the Increased Density Alternative.
Transportation
• Additional analysis of the Transportation Study prepared for the Increased Density Alternative will be incorporated.
Tribal Cultural Resources
• Additional analysis of the Increased Density Alternative on tribal cultural resources in the GSSP area.
Utilities and Service Systems
• Additional analysis of the projected capacity provided by the City to determine the Increased Density Alternative’s impacts on the GSSP’s sewer, water, electricity, natural gas, and solid waste facilities.
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Wildfire
• Minimal additional analysis will be requi red to describe potential wildfire impacts related to Increased Density Alternative.
Fee: $53,600
Subtask 8.3: Draft EIR
This subtask includes additional support to incorporate City comments on the EIR related to the analysis of the Increased Density Alternative. Additional support includes additional review time of the Draft EIR, as well as document editing, graphics revisi ons and quality assurance/quality control in preparation for the document to be released to the public.
Fee: $17,400
Subtask 8.4: Public Meeting on Draft EIR
As discussed in the original scope, AECOM assumes that one public meeting will be held during t he public review period, in conjunction with the meeting on the specific plan ordinance and, if necessary, a General Plan Amendment. This subtask includes additional effort to prepare the meeting materials and PowerPoint presentation to include relevant information on the Increased Density Alternative.
Fee: $3,900
Subtask 8.5: Notice of Determination/Final EIR
As discussed in the original scope, following the close of the public review period, AECOM will consolidate all of the comments received during th e Draft EIR public review period and meet with the City to review the general approach to responding to these comments.
Due to the inclusion of the Increased Density Alternative in the analysis, AECOM assumes that additional time will be required to respon d to additional comments related to the new alternative (up to ten (10) additional comment letters are assumed). AECOM assumes that additional coordination will be needed to address the additional comment letters. After completion of the response to comments, AECOM will meet with the City to discuss the City’s preferred project for City Council Approval.
AECOM will prepare written findings for each of the significant effects identified in the EIR in a form specified by the City. AECOM assumes that addition al effort will be required to prepare the written findings for the Increased Density Alternative.
Following project approval, AECOM will prepare and file the Notice of Determination (NOD) as discussed in our original scope.
Fee: $9,900
Subtask 8.6 – Water Supply Assessment
AECOM will update the draft GSSP Water Supply Assessment (WSA) to incorporate the revised development capacity estimates created by AECOM and approved by the City in April 2023. The WSA structure, content, and analysis will remain the same, with revisions focused specifically on outputs related to the revised capacity estimates.
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Fee: $7,900
Subtask 8.7 – Project Management
AECOM will perform additional coordination and task management under this subtask, including additional proje ct team coordination, coordination with technical specialists, team communications, quality assurance and control, and project tracking. Under this subtask, AECOM also assumes additional time to monitor budget and schedule with the City.
Fee: $9,600
Subtask 8.8 – Sewer Analysis Update
AECOM will refine the GSSP Capacity Analysis, which estimates potential commercial square footage and housing units for the EIR, to assign capacity at the parcel level in support of the City's sewer capacity analysis. Additionally, AECOM will prepare Sewer Demand Data that includes the following:
1 New Residential Sewer Demand (GPD) – using assumptions provided by the City. 2 New Commercial/Industrial Sewer Demand (GPD) – using assumptions provided by the City.
3 Total New Sewer Demand (GDP).
4 Existing Sewer Demand (GPD), using existing conditions data and assumptions provided by the City.
This needs to be done for both (1) the Preferred Project and (2) the Increased Development Alternative. AECOM shall coordinate with the City to ensure that the Sewer Demand Data is completed consistent with the established formulas and format.
Fee: $3,100
Total $107,500
TOTAL ADDITIONAL FEE
Additional Technical Time $26,150
Outreach $65,600
Economics $5,000
Transportation $6,750
Environmental $107,500
Additional PM/Task supplemental (to be
divided across all tasks)
$18,000
Total $229,000
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EXHIBIT B-7
AMENDED SCHEDULE OF COMPENSATION
For the services outlined in Amended Scope of Services above, the Consultant and the City agree that the Consultant shall earn its compensation according to the following method:1
□ Time and Materials: The City shall pay for the services on a time-and-material basis.
Consultant shall invoice the City for all actual hours of work performed in accordance with this First Amendment at the following rates:
Schedule of Fees and Charges (Rate Table)
Burbank High Speed Rail Station Area Plan
The following describes the basis for compensation for services performed until September 30, 2024.
AECOM
Project Management and Support Staff Hourly Rate Range
Project Director 230$ 310$
Project Manager 200$ 260$
Deputy Project Manager 110$ 160$
Contract Manager 90$ 170$
Admin Support 80$ 120$
Project Management and Support Staff Hourly Rate Range
Principal 230$ 310$
Senior Economist 190$ 250$
Economist 120$ 190$
Outreach Manager 160$ 220$
CEQA/EIR Task Manager 190$ 260$
Senior Enviromental Planner 140$ 190$
Environmental Planner II 105$ 140$
Enviromental Planner I 70$ 105$
Senior Urban Designer 120$ 200$
Urban Designer 90$ 120$
Junior Urban Designer 70$ 90$
Senior Urban / Transportation Planner 130$ 180$ Urban/Transportation Planner II 90$ 120$
Urban/Transportation Planner I 70$ 90$
GIS Specialist 90$ 180$
Outreach Specialist 120$ 180$
Senior Architect 140$ 250$
Architect II 90$ 140$
Architect I 65$ 90$
Transportation Modeler 110$ 240$
Senior Transportation Modeler 240$ 300$
Senior Civil Engineer 150$ 220$
Civil Engineer II 110$ 150$
Civil Engineer I 70$ 110$
Senior Graphic Designer 120$ 200$
Graphic Designer 70$ 120$
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STV
Position Direct Labor
Rate Markup Marked Up
Rate
STV Project Manager $129.10 2.71 $349.86
Planning Lead $55.04 2.71 $149.16
Planning Director $125.03 2.71 $338.83
Senior Planner $78.43 2.71 $212.55
Planner $47.32 2.71 $128.24
Junior Planner $34.07 2.71 $92.33
Senior Engineer $102.76 2.71 $278.48
Engineer $72.01 2.71 $195.15
Designer $52.56 2.71 $142.44
CADD/GIS $35.15 2.71 $95.26
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