2nd or subsequent amendments - increase scope, costs and/or term 2022 Page 1
TENTH AMENDMENT
TO
AGREEMENT FOR ENGINEERING SERVICES
DATE: December 6, 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
"ENGINEER"
Kimley-Horn and Associates, Inc.
Representative: Name: Jean Fares, PE
Title: Senior Vice President
Telephone: (747) 900-8400
Mailing Address: 21820 Burbank Blvd., Ste. 230
Woodland Hills, CA 91367
TERM: Original Commencement date: November 6, 2013
Original Completion date: June 30, 2015
1 st Amended Completion date: June 30, 2016
2 nd Amended Completion date: June 30, 2017
3 rd Amended Completion date: June 30, 2018
4 th Amended Completion date: June 30, 2019
5 th Amended Completion date: June 30, 2020
6 th Amended Completion date: June 30, 2021
7 th Amended Completion date: June 30, 2022
8 th Amended Completion date: June 30, 2023
9 th Amended Completion date: June 30, 2024___________
10 th Amended Completion date: June 30, 2025___________
ATTACHMENT 4-1
2nd or subsequent amendments - increase scope, costs and/or term 2022 Page 2 COST OF SERVICE:
Original Cost of Service: $699,921.00
1s t Amendment to Cost of Service: No change
2n d Amendment to Cost of Service: No change
3r d Amendment to Cost of Service: No change
4t h Amendment to Cost of Service: No change
5t h Amendment to Cost of Service: No change
6t h Amendment to Cost of Service: No change
7t h Amendment to Cost of Service: No change
8t h Amendment to Cost of Service: No change
9t h Amendment to Cost of Service: +$159,160.00_____
10t h Amendment to Cost of Service: +$104,900.00_____
Revised Cost of Service: $963,981.00_____
T
HIS NINTH AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES (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 KIMLEY- HORN AND ASSOCIATES, INC. (the “Engineer”). The City and the Engineer are herein referred to, individually, as a “Party”, and, collectively, as the “Parties”.
1.0 Purpose; Definitions. City and Engineer entered into an Agreement for Engineering Services dated August 20, 2013, as amended by that certain First Amendment to Professional Services Agreement dated April 30, 2016, as amended by that certain Second Amendment to Professional Services Agreement dated May 2, 2016, as amended by that certain Third Amendment to Professional Services Agreement dated June 22, 2017, as amended by that certain Fourth Amendment to Professional Services Agreement dated June 29, 2018, as amended by that certain Fifth Amendment to Professional Services Agreement dated June 29, 2019, as amended by that certain Sixth Amendment to Professional Services Agreement dated June 29, 2020, as amended by that certain Seventh Amendment to Professional Services Agreement dated June 29, 2021, as amended by that certain Eighth Amendment to Agreement for Engineering Services dated June 29, 2022, as amended by that certain Ninth Amendment to Agreement for Engineering Services dated November 1, 2022, (collectively the “Agreement”), for Engineer to provide Plans, Specifications, and Estimates (“PS&E”) for the San Fernando Bikeway Project. Now, City and Engineer desire to amend the Agreement with this Amendment in order to provide additional design services and to extend the term of the Agreement to complete PS&E documents. Capitalized terms not defined herein shall have the meaning assigned to such term in the Agreement.
ATTACHMENT 4-2
2nd or subsequent amendments - increase scope, costs and/or term 2022 Page 3
2.0 Amendment to Services. In addition to the services to be performed in the Agreement, Engineer, 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-10. The initiation of Service by the Engineer will commence upon receipt of a written notice from the Designated Official or Project Manager authorizing Engineer to proceed, and only to the extent of such authorization. The services of the Engineer 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 Engineer is hereby amended to a not to exceed amount of $963,981. The City shall pay for the additional services of Engineer set forth in Exhibit A-10 as indicated on the “Amended Schedule of Compensation” attached hereto as Exhibit B-10.
4.0 Amendment to Term. The Parties hereby agree that the Term is hereby extended to June 30, 2025.
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 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 Agreement for Engineering Services. 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]
ATTACHMENT 4-3
2nd or subsequent amendments - increase scope, costs and/or term 2022 Page 4 In recognition of the obligations stated in this Amendment, the parties have executed this Amendment on the date indicated above.
“ENGINEER” “CITY”
________________________________ By: _____________________________ Signature Signature
________________________________ ________________________________ Name (please print) Name (please print)
________________________________ ________________________________ Title Title
If Engineer 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 4-4
2nd or subsequent amendments - increase scope, costs and/or term 2022 Page 5
EXHIBIT A-10
AMENDED SCOPE OF SERVICES
Engineer shall perform the following additional services for the benefit of the City:
Task 8.1.1 – Buena Vista Crossing Concepts and Plan Revisions ($12,500) Engineer prepared three (3) iteration of crossing concepts in coordination with the City’s traffic group to require additional efforts than previously anticipated per Amendment 9. This new task 8.1.1 includes review of latest concept sketch provided by the city and generating a feasibility layout for the intersection for City’s acceptance. Remaining design for the intersection including traffic signal improvements shall be per previously approved amendment.
Task 8.4.1 – Bikeway Lighting Design for City/Metro Right of Way ($33,400) Kimley-Horn will prepare bikeway lighting design, specification and cost estimate for the portion of the project within City of Burbank / Metro ROW in coordination with Burbank Water and Power (BWP). This task assumes the following:
a. Segment from Hollywood Way to Buena Vista Street – Bikeway lighting modification callout will be added to the street plans. Street lighting modification detail and specification to be provided by BWP for inclusion into the plan set for information purpose for the contractor to coordinate the work with BWP. No street lighting plans will be prepared for this segment. b. Segment from Buena Vista Street to Empire Avenue – New street lighting design and conduit layout plan will be prepared in coordination with BWP for power feed locations. The lighting plans will be prepared in accordance with current City of Burbank Standards and will be prepared at 40 scale (1” = 40’). Kimley-Horn will prepare up to three (3) sheets for this segment to include 11 new lighting and 13 existing street lighting to be modified with bikeway lighting per the initial street lighting location exhibit prepared on April 12, 2023. c. Segment on Varney Street between LA County Flood Channel and Metrolink Station – New bikeway lighting design and conduit layout plan will be prepared in coordination with BWP for power feed locations. Kimley-Horn will prepare one (1) sheet for this segment to indicate new bikeway lighting within the City ROW in coordination with BWP. d. Bikeway Lighting Detail Sheet – Kimley-Horn will prepare up to two (2) sheets to show bikeway lighting details.
The plan will be prepared to 90% PS&E level to match up to current design progress set and then 100% PS&E to address up to two (2) rounds of BWP/City comments. This task also includes recent efforts related to preparation of street lighting location exhibit plan and meetings and coordination with BWP for bikeway lighting design.
The lighting specifications will be prepared utilizing the City’s “Front-End” documents.
Assumptions:
o Lighting Specifications will be provided by the City
o Lighting spacing will be provided/confirmed by the City o Photometric analysis is not included in the scope
o Field verification work will not be required to confirm field condition vs BWP’s as-built plans that would be used for the basis of our design.
Task 12.1 – Phase I ESA Update ($15,800)
ATTACHMENT 4-5
2nd or subsequent amendments - increase scope, costs and/or term 2022 Page 6
Engineer will prepare an update to Phase I Initial Site Assessment (ISA) for the project completed in April 2023 (previously completed under the Ninth Amendment to the Agreement), due to the timing of the previous report being over 6 months old. We will prepare our Phase 1 ISA in accordance with the sub- tasks set forth below. The following sub-tasks refer to only that information that is defined as reasonably ascertainable (ASTM E 1527-13, 6.2.1).
Task 12.1.1 Records Review
This task will be conducted by Engineer consistent with ASTM E 1527-13, 8.0 3) and Chapter 18 of the California Department of Transportation (Caltrans) document titled Project Development Procedures Manual (1999), and will consist of the following:
a. Record Search – An environmental database search will be prepared encompassing the minimum search distances listed in ASTM E1527-13, 8.2.1. This report will be reviewed for known and suspect contaminated sites. Where available, local environmental agency, and other local governmental authority files, as defined in ASTM E 1527-13, 8.2.2.1 may be reviewed, if the Environmental Professional determines the files to be reasonably ascertainable and relevant to the successful completion of the Phase I ISA. This scope of work assumes that searches can be completed utilizing existing online database research. Should additional research include review of paper files as regulatory agencies be required,
the additional research shall be considered additional services.
b. IC/EC Registries – Engineer will review readily available databases on institutional and engineering (IC/EC) controls and Activity Use Limitations (AULs).
c. Title Search and Judicial Records – Engineer will review these documents as provided by the City.
d. Aerial Photograph Review – Engineer will retrieve and examine readily available historical aerial photographs of the site and the surrounding vicinity. Aerial photographs will be researched to the earliest date that is reasonably obtainable.
e. Review of Local City Directories and Historical Maps – Engineer will obtain and review readily available historical city directories, fire insurance maps, and historical topographic maps.
f. Other Historical Sources - Should Engineer determine that other non-traditional sources may provide information relevant to the completion of the Phase I ESA; these sources will be reviewed and documented.
Task 12.1.2 Site Reconnaissance
Engineer will conduct a site reconnaissance consistent with ASTM E 1527-13, 9.0. The Site Reconnaissance will be non-invasive. We will not collect and/or analyze any samples. The site reconnaissance will include, per City direction, observation of, or observation of the likelihood of, PCBs, septic tanks, and evidence of mold. We assume that we will be allowed appropriate access to all areas of the site and that the site reconnaissance will be conducted as a single event. At the time of site reconnaissance all existing buildings will be vacant. Should an additional site reconnaissance be required due to access limitations, the additional site reconnaissance shall be considered additional services.
Consistent with ASTM E 1527-13, 10.5.2.3 and 10.5.4 Engineer will make a reasonable attempt to conduct the following interviews:
a. Engineer will attempt to interview current and past owners, operators and occupants of the property that have or are likely to have material information regarding uses, physical ATTACHMENT 4-6
2nd or subsequent amendments - increase scope, costs and/or term 2022 Page 7
characteristics and the potential for RECs at the subject property consistent with ASTM E 1527-13 sections 10.5.1, 10.5.2, 10.5.2.1, 10.5.2.2, and 10.5.4. b. In the case of abandoned properties as defined in ASTM E 1527-13, 3.2.1, where there is evidence of uncontrolled access or unauthorized uses, Engineer will attempt to interview current neighboring or nearby property owners (ASTM E 1527-13, 10.5.5). c. Engineer will attempt to interview one or more of the following state or local agencies as defined in ASTM 1527-13, 11:
a. Local fire department
b. Local health agency
c. Local environmental regulatory agency
In addition, Engineer will review the current operator's permits and records as they relate to hazardous waste generator, storage, and disposal. Engineer will provide an opinion on compliance with these permits. Engineer will limit our review to what the operator provides and base our determination of compliance on those permits/records. This assumes the operator provides us with all of their permits and associated records related to hazardous material generator, storage, and disposal. Engineer will prepare a brief summary of our findings of this compliance review and provide it as an appendix to the Phase I ISA.
Engineer will perform a Tier 1 Vapor Encroachment Screening (VES) consistent with ASTM E E2600-10, with the purpose of identifying if a Vapor Encroachment Condition (VEC) exists in association with the subject Site. A VEC is defined as the presence or likely presence of contaminants of concern (COC) vapors in the subsurface of the subject Site caused by a release of hazardous substances and/or petroleum compounds into soil and groundwater. The ASTM E1527- 13 document standardizes the terms releases and migration consistent with those used in CERCLA and AAI. As such, potentially harmful vapors must be evaluated during the completion of a Phase I ISA.
Task 12.1.3 Report Preparation
Upon completion of the aforementioned sub-tasks, Engineer will prepare a summary report of the results of the Phase I ISA Update as outlined in Appendix X4 of ASTM E 1527-13. Kimley- Horn will provide the report to the City in electronic format (portable document format).
Deliverables:
Draft Phase 1 Initial Site Assessment Report transmitted via email in an electronic format suitable for City review and comment
Final Phase 1 Initial Site Assessment Report transmitted via email as an electronic PDF, in response to City comments on Draft
Task 12.1.4 Project Management/Coordination
Engineer will provide informal on-going project management meetings throughout the performance of the Phase I investigations, including coordination with City staff, subcontractors, and outside agencies. This task assumes up to ten (10) hours of effort.
Task 12.5 – Landscape Soils Analysis for Soils Management Report ($13,500) Kimley Horn is conducting an environmental revalidation of the project required by Caltrans under a separate agreement. Engineer in coordination with the environmental drilling subcontractor will use the soil samples collected for the purpose of the environmental revalidation to conduct a separate landscape soils study for the purpose of ensuring the proposed project landscaping is compatible with the soil conditions. In addition, this task includes additional drilling/hand augering required for the collection of additional landscape soil samples for the landscape soils analysis subconsultant, Wallace Labs, delivery of the samples to the laboratory, and report coordination and review.
The landscape soils analysis will be performed by Wallace Laboratories, LLC and include the following:
ATTACHMENT 4-7
2nd or subsequent amendments - increase scope, costs and/or term 2022 Page 8
a. Evaluate the soil agronomic conditions, soil chemistry, soil physical properties (soil texture and soil organic matter), etc.
b. Analyze up to 20 soil samples for essential and nonessential elements pH, presence of limestone, salinity, soil texture, organic matter content and carbon:nitrogen ratio. Measure the rate of water percolation.
c. Interpret the soil analysis and other findings in writing. Recommend specifications for soil preparation, drainage, planting, reuse of soil and site maintenance. Prepare a soil management report.
Task 12.5.1 – Additional SCRRA Coordination ($2,700)
Engineer’s environmental drilling sub-consultant required additional coordination with SCRRA to conduct field work for the landscaping soils analysis. This included meetings with SCRRA, training coordination, various calls and email to address schedule delays and access requirements.
Task 12.6 – Additional Project Team Meetings and Management ($27,000) Engineer has expanded the project meetings and coordination budget due to the extended schedule and change in City staff and management support. Engineer has participated in bi-weekly project team meetings, requested utility agency and BWP meetings, LA County meetings, metro meetings, and additional coordination to update the new team members on the progress of the project. Engineer will attend bi-weekly project management and PS&E coordination meetings with LA County, Metrolink, Metro, and Army Corps of Engineers, as required, for the next 12 months required to prepare final project plans.
Engineer will also prepare monthly progress report with invoicing, periodic schedule updates, and subconsultant management.
ATTACHMENT 4-8
2nd or subsequent amendments - increase scope, costs and/or term 2022 Page 9
EXHIBIT B-10
AMENDED SCHEDULE OF COMPENSATION
For the services outlined in Amended Scope of Services above, the Engineer and the City agree that the Engineer shall earn its compensation according to the following method:
□ Milestone Basis : The City shall pay for the services on a milestone basis.
Engineer shall invoice the City the applicable milestone amount upon the achievement of the following tasks set forth below:
SAN FERNANDO BIKEWAY AMENDMENT 10 FEE BY TASK
Total Fee
Task 8.1.1
Buena Vista Crossing Concept Revisions
$12,500
Task 8.4.1
Bikeway Lighting Design for City/Metro ROW
$33,400
Task 12.1
Phase 1 ESA Update
$15,800
Task 12.5
Landscape Soil Analysis for Soils Management Report
$13,500
Task 12.5.1
Additional SCRRA Coordination
$2,700
Task 12.6
Additional Project Team Meetings and Management
$27,000
Grand Total $104,900
ATTACHMENT 4-9