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SIXTH AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
DATE: January 30, 2024
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"
Elizabeth Moule & Stefanos Polyzoides, Architects and Urbanists
Representative: Name: Juan Gomez-Novey
Title Principal Managing Planner
Telephone: 626-844-2400
Email: [email protected]
Mailing Address: 180 E. California Blvd
Pasadena, CA 91105
TERM: Original Commencement Date: May 5, 2020
Original Completion Date: May 5, 2021
First Amended Completion Date: No Change
Second Amended Completion Date: May 5, 2022
Third Amended Completion Date: November 16, 2022
Fourth Amended Completion Date: December 31, 2023
Fifth Amended Completion Date: January 31, 2024
Sixth Amended Completion Date: June 30, 2025
COST OF SERVICE:
Original Cost of Service: $1,125,000
First Amendment to Cost of Service: No Change
Second Amendment to Cost of Service: No Change
Third Amendment to Cost of Service: $ 22,000
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Fourth Amendment to Cost of Service: $ 226,500
Fifth Amendment to Cost of Service: No Change
Sixth Amendment to Cost of Service: $ 314,000
Revised Cost of Service: $1,687,500
THIS SIXTH 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
ELIZABETH MOULE & STEFANOS POLYZOIDES, ARCHITECTS AND URBANISTS (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 May 5, 2020, as amended by that certai n First Amendment, dated September 8, 2020 , as amended by that certain Second, Amendment, dated April 6, 2021, as amended by that certain Third Amendment dated November 16, 2021, as amended by that certain Fourth Amendment dated November 1, 2022, as amended by that certain Fifth Amendment dated De cember 30, 2023, (collectively the “Agreement”) for Consultant to prepare the Downtown Burbank Transit Oriented Development (“TOD”) Specific Plan, conduct related environmental review under the California Environmental Quality Act (“CEQA”) . Now City and Consultant desire to again amend the Agreement with this Sixth Amendment in order to expand upon existing work and complete additional work, including an additional environmental analysis of an increased growth Project alternative, forecasting and analysis of City utility capacity , provisions to hold three additional in-person community workshops, additional work associated with review and completion of the draft specific plan document , additional analysis work associated with the redevelopment of the Civic Center portion of the plan area, and to extend the term of the Agreement.
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 -6. 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 $1,687,500. The City shall pay for the amended services of Consultant set forth in Exhibit A-6 as indicated on the “Amended Schedule of Compensation” attached hereto as Exhibit B-6.
4.0 Amendment to Term. The Parties hereby agree, as provided in Section 2.1 of 6th amendment - increase scope, costs and/or term 2022 Page 3 ATTACHMENT 1 – 3
the Professional Services Agreement, 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 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.
[Signature Page on the Following Page]
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In recognition of the obligations stated in this Sixth Amendment, the parties have executed this Sixth Amendment on the date indicated above.
“CONSULTANT” “CITY”
By: _____________________________ 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: _____________________________ 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-6
AMENDED SCOPE OF SERVICES
Consultant shall perform the following additional/amended services for the benefit of the City:
1. Task 4.4 – Task 4.4 is updated to include nine public workshops, including the following: one (1) Discovery Workshop; four (4) Visioning and Development Strategy Workshops; three (3) Final Alternative Workshops; and one (1) Public Draft Specific Plan Workshop.
Deliverables for Task 4.4 are updated to include Consultant’s attendance in person at six of the nine workshops.
All other elements and deliverables in Task 4.4 shall remain the same.
2. Task 5.2 – the Deliverables for Task 5.2 are updated to include delivery of the Draft TOD Specific Plan, including a Draft with two rounds of consolidated Staff comments.
All other elements and deliverables in Task 5.2 shall remain the same.
3. Task 6.1 – the Deliverables for Task 6.1 are updated to include up to three (3) iterations of the Notice of Preparation (including the Initial Study), submission to the County Recorder and the State Clearinghouse.
All other elements and deliverables in Task 6.1 shall remain the same.
4. Task 6.2 – the Deliverables for Task 6.2 are updated to include Consultant’s attendance at up to three (3) Scoping and Community Meetings, either in person or via videoconference, if necessary.
All other elements and deliverables in Task 6.2 shall remain the same.
5. Task 6.3 – The Work included within Task 6.3 and Deliverables are amended and restated in their entirety as follows:
TASK 6.3: Prepare Administrative Draft Environmental Impact Report (EIR) Rincon will prepare a complete administrative Draft EIR for review by City Staff prior to publication. The administrative Draft EIR will include all text, tables, analysis, and figures as well as the following required sections:
1. Executive Summary
2. Introduction
3. Project Description
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4. Environmental Impact Analysis
5. Other CEQA Discussions (Growth Inducement, Significant Irreversible Environmental Effects)
6. Alternatives
7. References
We anticipate that the EIR will include detailed analysis of the following environmental issues:
• Aesthetics
• Air Quality (including a Health Risk Assessment)
• Cultural Resources (historic and archaeological), including incorporation of findings of historic resources assessment of Civic enter Opportunity Sites.
• Energy
• Greenhouse Gases
• Hazards and Hazardous Materials
• Land Use and Planning
• Noise
• Population and Housing
• Recreation
• Transportation
• Tribal Cultural Resources
• Utilities and Service Systems (including a Water Supply Assessment)
All project impacts will be compared to established thresholds of significance and will be quantified as appropriate and feasible. Air pollutant and greenhouse gas emissions and associated health risks will be modeled using industry standard methodologies. The tribal cultural resources analysis will include compliance with the requirements of SB 18 and AB 52. With the exception of the transportation section, all technical work will be prepared by Rincon staff.
Increased Growth Alternative Analysis
The EIR will include a comprehensive analysis of the Increased Growth Alternative. The analysis will individually address the same thresholds that will be analyzed for each EIR section under the proposed Project. The quantitative analysis will be expanded for air quality and GHG emissions, utilities/service systems, the Water Supply Assessment, and the Health Risk Assessment (HRA).
This scope also includes responses to up to two rounds of City reviews for this analysis under the Public Review Draft EIR.
Air Quality and Health Risk Assessment
Air quality shall be modelled via the 2022 web-based version of CalEEMod for a total of six CalEEMod scenarios (four construction scenarios and two operational scenarios).
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The Health Risk Assessment (HRA) shall also include a refined risk assessment of the emissions from natural gas combustion associated with the power plant units located on the Burbank Water and Power Magnolia campus so that an evaluation of the potential health risks to future residents may be evaluated as part of the HRA. The analysis and mitigation measures will be applied to the Preferred Project and Increased Growth Alternative.
Cultural Resources Assessment
For the cultural resources assessment, Consultant is informed and believes that Architectural Resources Group (ARG) will be providing historic preservation consulting services to inform anticipated development at the Burbank Civic Center. ARG’s efforts will include a historical resources assessment of the Burbank Central Library and the development of design parameters for development adjacent to Burbank City Hall. Rincon will peer review the historical resources documentation prepared by ARG to support an independent and defensible CEQA analysis. The peer review will be completed by a qualified architectural historian and will consider professional best practices and the guidelines of the National Park Service, California Office of Historic Preservation, and City of Burbank. The findings of the peer review will subsequently be summarized in a technical memorandum. For the purposes of this scope and cost amendment, Rincon anticipates one round of review will be required and the documentation prepared by ARG will be determined adequate. Rincon will subsequently use the ARG findings to inform the CEQA analysis for the Burbank Downtown TOD Specific Plan, specifically relating to proposed development at the Burbank Civic Center.
Consultant anticipates additional project management and meeting attendance will be required to support the peer review process, collaboration with the Burbank Civic Center development team, and other associated items. Consultant shall provide up to 16 hours of staff time of a senior architectural historian to support project management of this task and meeting attendance.
Burbank Central Library Analysis
The cultural resources assessment also includes preparation of the analysis for demolition of the Burbank Central Library. Demolition activities will be described in the Project Description and Initial Study and potential impacts will be addressed under five EIR issue areas in the Alternatives section. Rincon has also included time to address City comments regarding the analysis in the Public Review Draft EIR, and to respond to comments in the Final EIR. The actual level of effort required to respond will depend on the length, detail, and sophistication of the comments, in addition to the number of letters received. Consultant and City will reevaluate the effort level and prepare a scope amendment, if necessary upon close of the public comment period.
GIS Support
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preparation of the Specific Plan, Rincon will provide the number of residential parcels and number of residential units within the: a) Downtown SP boundary, b) the SP area + 500 ft radius, c) the SP area + 1,000 ft radius, and d) comparing to the City as a whole. Parcels zoned R-1, R-2, R-3, R-4, and R-5 (if any) will be counted. This scope also includes preparation of the figures associated with this analysis.
Water and Sewer Demand
Fuscoe will prepare water and sewer demand spreadsheets for the Downtown Burbank project, the Media District Specific Plan project, and the Golden State Specific Plan project for water and sewer modelling by others. Fuscoe will incorporate the findings of the Downtown water and sewer modeling into a technical report for inclusion in the EIR.
Upon incorporation of comments from City staff on the administrative Draft EIR, Rincon will provide a Screen check Draft EIR for Staff review to confirm all comments have been addressed.
Deliverables for Task 6.3: Administrative Draft EIR, including all required technical studies (Air Quality/HRA, Cultural Resources Assessment, Greenhouse Gases, Transportation, Water Supply Assessment) followed by a Screen check Draft EIR.
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EXHIBIT B-6
AMENDED SCHEDULE OF COMPENSATION
For the services outlined in the Agreement and the 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 Sixth Amendment at the following rates:
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