ATTACHMENT 1
1 SECOND
AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
DATE: September 11, 2024
PARTIES: "CITY"
THE CITY OF BURBANK, a municipal corporation
Designated Official: Name:
Title:
Telephone:
Patrick Prescott
Community Development Director
(818) 238-5176
Mailing Address: 275 E. Olive Avenue
P. 0. Box 6459
Burbank, CA 91510
"CONSULTANT"
Kadre Architects
Representative: Name:
Title
Telephone:
Nerin Kadribegovic
Founding Principal
(213) 924-0007
Mailing Address: 1240 Brookmere Rd.
Pasadena, CA 91105
TERM: Original Commencement Date: March 1, 2023
Original Completion Date: February 28, 2024
First Amendment Completion Date: February 28, 2025
Second Amendment Completion Date: January 31, 2027
COST OF SERVICE:
Original Cost of Service: $139,980
First Amendment to Cost of Service: +$418,484
Revised Cost of Service: $558,464
Second Amendment to Cost of Service: +$690,438
Revised Cost of Service $1,248,902
ATTACHMENT 1
2 THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this "Second Amendment"), is made and entered into the date listed above ("Effective Date"), by and between THE CITY OF BURBANK, a municipal corporation (the "City") and KADRE ARCHITECTS ("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, 2023 ("Agreement"), for Consultant to provide site feasibility, layout, and planning for an interim housing project including, but not limited to, obtaining and digitizing any existing records/ drawings of the site, analyzing existing topographical survey of the property; confirm and prepare program requirements such as waste management facilities, 24 -hour security checkpoint, drinking fountains, etc.; provide concept designs for consideration; coordinate public outreach; and prepare environmental assessment based on CEQA and NEPA, for the City of Burbank Community Development Department, Housing & Grants Division. Now City and Consultant desire to amend the Agreement with this Second Amendment to Professional Services Agreement in order to provide architectural and engineering drawings for interim/transitional housing using small homes, providing tenant improvements of the existing two-story building and to convert an existing developed site into a homeless services center with a 2- story commercial building, safe parking site and storage areas, Small home units would be installed which will contain approximately 52 shelter rooms and to extend the term of the Agreement to February 28, 2025. Capitalized terms not defined herein shall have the meaning assigned to such term in 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 this Agreement, each and every additional service set forth on the "Amended Scope of Services" attached hereto as Exhibit A-2. 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. Additional services are needed to reflect changes to site design, revised unit size and number, additional tenant improvements needed within the main building along with new roofing and waterproofing repairs, ensuring building compliance after the Emergency Shelter declaration sunsets, increased construction management cost due to greater complexity of development.
3.0 Amendment to Compensation. The total compensation payable by the City to the Consultant as set forth in Section 3.0 of the Agreement is hereby amended to, and not to exceed, the amount of $690,478. The City shall pay for the amended services of Consultant set forth in Exhibit A -1 as indicated on the "Amended Schedule of Compensation" attached hereto as Exhibit B -2.
4.0 Amendment to Term. The Parties hereby agree, as provided in Section 2.1 of the Agreement, that the Completion Date is hereby extended to January 31, 2025.
ATTACHMENT 1
3 5.0 Execution Counterparts. This Second 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 Second Amendment with an electronic signature shall be limited to a physical ("wet ink") signature placed on a counterpart to this Second 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 Second Amendment, shall remain in full force and effect and are specifically incorporated herein.
ATTACHMENT 1
In recognition of the obl igations stated in this Second Amendment , the parties have executed this Second Amendment on the date indicated above .
"CONSULTANT' "CITY"
By:
Signature
Nerin Kadribegovic, Founding Principal
If Consultant is a Corporation or LLC, a
second signature is required.
By: _____________________
Nerin Kadribegovic, Founding Principal
By: __________________________
Signature
Patrick Prescott, Community Development Director
Approved as to Form Office of the City Attorney
By:______________________________
Signature
Ray Johal, Senior Assistant City Attorney
ATTEST:
Office of the City Clerk
By: ______________________________
Kimberley Clark,
City Clerk
ATTACHMENT 1
5 EXHIBIT A-2
SECOND AMENDED SCOPE OF SERVICES
Consultant shall perform the following additional/amended services for the benefit of the City:
Consultant shall perform the following services for the benefit of the City:
TASK 1. Architectural, Engineering and Construction Drawings based on site designs included in Attachment A.
Task 1.1. Prepare and create designs for tenant improvements of the existing “PIANO STORE” masonry building located at 333 S. Front Street to provide dining facilities, additional restrooms, washer/dryer facilities and offices for administration staff. Design the lighted marquee featuring the City’s branding. This will include input from Community Development, Public Works.
Task 1.2. Design of Connect Home Village on the West parking area (Metrolink Parking Lot).
Task 1.3. Design of Safe Parking on the East parking area that includes the existing SAFE location (333 Front Street and 10 E. Verdugo Avenue).
Task 1.4. Tenant Improvement for the existing Piano Store Building, as well as roof replacement and waterproofing project for Piano Store and the existing two-story building.
Deliverables. Architectural, engineering and construction design drawings.
TASK 2. Pre-Construction Services
Task 2.1. Project Coordination
Consultant is to meet with City staff to ensure site design in Exhibit A is still pertinent and feasible. This will include discussions with the Fire Department, Water and Power, Public Works Department, Community Development Department and. If the design is approved, Consultant will review and finalize project completion schedule with specific dates of completion for each task.
Task 2.2. Community and City Council Meetings
Consultant will be available and attend meetings with City staff as necessary to ensure progress in tasks, compliance with schedule, and to answer or address issues/concerns raised by the City. Consultant will attend two Community Outreach Meetings to be held by
ATTACHMENT 1
6 the Community Development Department and attend one City Council meeting, to be determined at a later date.
Deliverables: Final Exhibit A and project schedule.
Task 3. Project Environnemental Documents (NEPA)
Task 3.1 Consultant will work with Ascent to conduct a full analysis under NEPA as required by HUD. Consultant will inform the City of any extra scope of work that is needed to ensure the project is in compliance with NEPA guidelines. The City’s on call consultant will review the NEPA analysis through the Community Development Department.
Deliverables: Certified Environmental Document. Entitlement approval support including exhibits and drawings.
Task 3.2 The City of Burbank is in the process of planning and designing the Front Street Homeless Solution Center Project. Because the proposed project would place sensitive land uses near existing emission sources, the City must comply with the General Plan EIR Mitigation Measure 4.3-5, which requires that a quantitative health risk assessment (HRA) be conducted that evaluates the potential exposure of existing toxic air contaminant (TAC) exposure on these new sensitive receptors. The HRA will account for the short-term occupancy of receptors at the housing facility.
Deliverables: Draft Health Risk Assessment (one electronic copy). Final Health Risk Assessment (one electronic copy)
Task 4. Entitlements
Consultant will assist and support Community Development Department staff with exhibits and renderings during the entitlement process including the Development Review Process where the proposed project will be reviewed for consistency with Burbank zoning and land use policies.
Task 4.1. Site Renderings - Consultant to prepare site renderings in accordance with final Exhibit A. The presentation level site rendering exhibits will include the site plan and building elevations for use during the entitlement process including the Community Outreach and City Council Meetings.
Task 4.2. Prepare project entitlement documents - Site and Conceptual Building Floor Plans
Task 4.3. Elevations and Material and Color Board Exhibits per Development Review Submittal requirements.
Deliverables: Entitlement approval support including renderings, exhibits and drawings.
ATTACHMENT 1
7 Task 5. Schematic Design (30%)
Consultant will develop and provide 30% Schematic Design Drawings, documents, and other media that illustrate the concepts of the design and include spatial relationships, scale, form and materials and finishes for City review. The schematic design will incorporate applicable zoning requirements and jurisdictional restrictions related to the project site.
Task 5.1. Provide schematic design drawings that include:
a. Architectural
b. Structural
c. Mechanical, Electrical and Plumbing (MEP)
d. Civil Engineering
e. Landscape Architecture
f. Lighting Plans
g. Specifications
h. Cost Estimating
i. Environmental Assessment (NEPA + HRA) initiated
j. Geotechnical Report
Task 5.2. Make all required submittals to City of Burbank Public Agencies including but not limited to: Burbank Fire, Public Works, Planning, Building and Safety, Burbank Water and Power.
Deliverables: 100% Schematic Design Drawings including site plan, floor plans, sections, elevations and other illustrative materials, including overall dimensions. This will include a 100% Schematic Design Cost Estimate. Geotechnical report with design input for structural and civil engineering in preparation for the Design Development phase.
Task 6. Design Development (60%)
Consultant will develop and provide 60% Design Development Drawings with expanded detail related to the architectural, mechanical, electrical, plumbing and structural designs.
Additionally, specify design elements such as material types and location of walls, partitions, doors and other building design elements.
Task 6.1. Provide Design Development drawings that include:
a. Architectural
b. Structural
c. Mechanical, Electrical and Plumbing (MEP)
d. Civil Engineering
e. Landscape Architecture
f. Lighting Plans
ATTACHMENT 1
8 g. Specifications
h. Cost Estimating
i. Environmental Assessment (NEPA + HRA)
Task 6.2. Make all required submittals to City of Burbank Public Agencies including but not limited to: Burbank Fire, Public Works, Planning, Building and Safety, Burbank Water and Power.
Deliverables: 100% Design Development Drawings and Specifications including floor plans, sections and elevations with full dimensions and with material specifications for doors and other building elements. This will include a100% Design Development Cost Estimate.
Task 7. Construction Documents (90% and 100%)
Consultant will develop and provide 90% and 100% construction documents (CD’s) with final design details and documentation for comprehensive construction drawings including structural, MEP and interior drawings, project specifications manual, review and approval coordination with City staff, and securing permits necessary for construction.
Task 7.1.Develop and provide Construction Submittal Drawings to be used for construction that include:
a. Architectural
b. Structural
c. Mechanical, Electrical and Plumbing (MEP)
d. Civil Engineering
e. Landscape Architecture
f. Lighting Plans
g. Specifications
h. Cost Estimating
i. Environmental Assessment (NEPA + HRA)
Task 7.2. Make all required submittals to City of Burbank Public Agencies including but not limited to: Burbank Fire, Public Works, Planning, Building and Safety, Burbank Water and Power.
Task 7.3. Obtain all permits and approvals necessary for construction.
Deliverables: 100% Construction Drawings including all pertinent information for the contractor to price and build the project. Prepare a Specifications Manual. This will include a 100% Construction Cost Estimate. Lastly, this information will include any necessary project permits.
ATTACHMENT 1
9 Task 8. Bidding and Negotiations
Consultant will provide Bid and Negotiation assistance to City in preparing bid documents to go to potential contractors for pricing. The bid document package may include an advertisement for bids, instructions to bidders, the bid form, bid documents, the owner- contractor agreement, labor and payment material bonds and other sections necessary for successful bids.
Task 8.1. Assist with developing RFP and bidding documents for construction bid requests.
Task 8.2. Provide input on RFP responses and cost structure.
Task 8.3. Attend Pre-Bid Job Walk with prospective bidders.
Task 8.4. Respond to all RFI’s during bidding process and issue bid addendums as required.
Task 8.5. Review construction cost estimates for conformance with bid package.
Task 8.6. Provide assistance to City in contract selection and award of project.
Deliverables: RFP and bidding assistance. Services necessary for the final deliverable of a construction contract.
Task 9. Construction Administration
Consultant will provide Construction Administration services with the responsibility during this phase to assist the contractor to build the project as specified in the approved and permitted Construction Documents. Questions may arise from the contractor and City during construction that require the consultant to develop architectural sketches and clarifications related to the project construction drawings and specifications.
Task 9.1. Conduct contract administration during the construction phase including site visits and inspections, coordination with contractors and subcontractors, change order management, quality assurance, issue resolution, invoicing review, and payment of contractors based on work completed.
Task 9.2. Respond to all RFI’s and submittals.
Task 9.3. Attend Pre-Bid Job Walk with prospective bidders.
ATTACHMENT 1
10 Task 9.4. Attend weekly O.A.C. (Owner, Architect, Contractor) meetings on-site or via Zoom or MS Teams calls.
Task 9.5. Submittal Log: Keep detailed log of all submitted shop drawings, product data, and samples, along with their approval status.
Task 9.6. Change Order Log: Provide comprehensive log tracking all changes to the original scope of work, including approvals and associated costs.
Task 9.7. Site Visit Reports: Detailed reports summarizing each site visit, including observations, progress updates, and action items.
Task 9.8. As-Built Documentation: The consultant will document any changes made during construction and provide as-built drawings to the City within 30 days of construction completion.
Deliverables: RFI and submittal reviews, Site Visit Reports, Construction Submittal Log, Change Order Log, As-Built Drawings.
Deliverables will be transmitted electronically unless otherwise noted.
ATTACHMENT 1
11 EXHIBIT B-2
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 Milestone Basis: The City shall pay for the services on a milestone basis. Consultant shall invoice the City the applicable milestone amount upon the achievement of the following deliverable date set forth below:
Description of Service Deliverable Date Milestone
Amount
1. Schematic Design 2 months from NTE $176,794.93
2. Design Development 4 months from NTE $206,556.90
3. Construction Documents 7 months from NTE $306,653.85
4. Bidding and Negotiation 9 months from NTE $ 16,712.79
5. Construction Administration 21 months from NTE $275,761.04
TOTAL COST OF A/E DEVELOPMENT SERVICES $982,479.50
CURRENT CONTRACT (March 1, 2024) ($558,464.00)
Predesign Services Rendered (July 19, 2024) -$233,544.00
2 nd AMENDMENT TO CONTRACT + $657,559.50
5% Contingency $32,879.00
TOTAL AMENDMENT TO CONTRACT $690,438.50
Additional services not listed under scope of work will be compensated on Hourly Basis per following schedule:
Principals: $300.00
Project Manager: $265.00
Project Architect/ Engineer: $215.00
Project Designer/ Engineer: $175.00