FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
DATE: March 1, 2024
PARTIES: "CITY"
TERM:
THE CITY OF BURBANK, a municipal corporation
Designated Official: Name: Patrick Prescott
Mailing Address:
"CONSULTANT"
Kadre Architects
Representative:
Mailing Address:
Title:
Telephone:
Community Development Director
(818) 238-5176
275 E. Olive Avenue
P. 0. Box 6459
Burbank, CA 91510
Name:
Title
Telephone:
Nerin Kadribegovic
Founding Principal
(213) 924-0007
1240 Brookmere
Rd.
Pasadena, CA 91105
Original Commencement Date: March 1, 2023
Original Completion Date: February 28, 2024
First Amended Completion Date: February 28, 2025
COST OF SERVICE:
Original Cost of Service: $139,980
First Amendment to Cost of Service: +$418,484
Revised Cost of Service: $558,464
First Amendment - increase scope, costs and/or term Page I THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this "First 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 First Amendment to Professional Services Agreement in order to provide architectural and engineering drawings for interim/transitional housing using Connect 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, Connect home units would be installed which will contain approximately 28 shelter rooms with 48 beds 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-1. 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.
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 $557,864. 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-1.
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 February 28, 2025.
5.0 Execution Counterparts. This First Amendment may be executed in counterparts and each such duplicate counterpart shall constitute an original, any one of which may be First Amendment - increase scope, costs and/or term Page 2 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 First Amendment with an electronic signature shall be limited to a physical ("wet ink") signature placed on a counterpart to this First 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 First Amendment, shall remain in full force and effect and are specifically incorporated herein.
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In recognition of the obligations stated in this First Amendment, the parties have executed this First Amendment on the date indicated above. "CONSUL TANT"
By JU--
Signature
Nerin Kadribegovic, Founding Principal
If Consultant is a Corporation or LLC, a
second signature is required.
N_ame (please print) f p ~/r,,i:::- ~'f Title I" vv,,
F1rs1 Amendment ~ increase scope, costs and/or ccnn Pugc 4 "CITY"
By:~ ~
Signat re
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: ~ At1(RJAl!l5£1LUJq_.6,(,#LI.~~
Signature
Kimberley Clark
City Clerk
EXHIBIT A-1
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 two-story . building located at 333 S. Front Street. (focused on the select areas of the first level) to provide dining facilities, additional restroom, washer/dryer facilities and offices for administration staff. This will include input from Community Development, Public Works and the selected service provider.
Task 1.2. Design of Connect Home Village on the east parking area that includes the existing SAFE location (333 Front Street and 10 E. Verdugo Avenue).
Task 1.3. Design of Safe Parking on the west parking area (Metrolink Parking Lot).
Task 1.4. Tenant Improvement for the bathroom facility of the Safe Parking area (Metrolink Parking Lot) in the existing Piano Store 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 the selected service provider. 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 the Community Development Department and attend one City Council meeting, to be determined at a later date.
First Amendment - increase scope, costs and/or tenn Page 5 Deliverables: Final Exhibit A and project schedule.
Task 3. Project Environmental Documents (NEPA)
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 4. Entitlements
Consultant will assist and support Community Development Department staff and the selected service provider 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.
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. Mechanical, Electrical and Plumbing (MEP)
First Amendment - increase scope, costs and/or tenn Page 6 c. Civil Engineering
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.
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. Mechanical, Electrical and Plumbing (MEP)
c. Civil Engineering
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. Architecture and Coordination
b. MEP
First Amendment - increase scope, costs and/or term Page 7 c. Structural Engineering
d. Civil Engineering
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.
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 RFl'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 First Amendment - increase scope, costs and/or term Page 8 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 RFl's and submittals .
Task 9.3. Attend Pre-Bid Job Walk with prospective bidders.
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 summar izing 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.
First Amendment - increase scope, costs and/or term Page 9 EXHIBIT 8-1
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:
1. 2.
3. Description of
Service
Schematic
Design/Design
Development
Environmental Review
Construction
Documents
Construction
Administration
Deliverable Date Milestone
Amount
3 months from NTE $ 101,700.00
9 months from NTE $161,320.00
9 months after start $78,575 .00
of construction
Additional services not listed under scope of work will be compensated on Hourly Basis per following schedule:
Principals: $250.00
Project Manager: $175
Project Architect/ Engineer: $165.00
Project Designer/ Engineer: $140.00
First Amendment - increase scope, costs and/or term Page I 0