AMENDMENT NO. 4 TO
PROFESSIONAL SERVICES AGREEMENT
PROVISION OF CONSTRUCTION MANAGEMENT SERVICES WITH TOTUM
CORPORATION
This Amendment No. 4 ("Amendment") to Professional Services Agreement is made and entered into effective the 4th day of June 2024, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and Totum Corporation a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. Recitals.
(i). CITY and CONSULTANT entered into a Professional Services Agreement ("Agreement") effective May 18th, 2021 through which CONSULTANT has been providing professional services as more fully explained in the Scope of Services attached to the Agreement as Exhibit "A."
(ii). The Parties now seek to amend the Agreement to increase the cumulative not -to - exceed amount by $602,965 for additional construction management and inspection services in support of the Public Safety Center Project pursuant to the work scope and fee proposal attached hereto an incorporated by reference as Attachment 1.
(iii). All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
B. Amendment to Agreement.
1. Section 2.1 of the Agreement is hereby amended to read as follows:
2.1 Compensation. Consultant shall be paid hourly in accordance with the fee schedule set forth in Attachment 1. Consultant's total compensation under this agreement shall not exceed One Million Two Thousand Twenty Two Nine Hundred Sixty Five Dollars ($1,222,965).
2. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.
3. The Agreement, all amendments together with this Amendment No. 4 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 4 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
4. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 4 and that such execution is binding upon the entity for which he or she is executing this document.
IN WITNESS WHEREOF, the Parties have caused Amendment No. 4 to the Consulting Services Agreement are to be executed as of the day and year first above written.
CONSULTANT
By:
Danny Kaye, Totum Corporation
CITY OF PLACENTIA
By:
Damien R. Arrula
City Administrator
ATTEST:
By:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
By:
Christian L. Bettenhausen, City Attorney
integrated
design
construction
management
sustainability
otu m
15130 Ventura Blvd.
Suite 327
Sherman Oaks
CA 91403,
818 986 9870 p/f
Principal
Danny Kaye, CCM, PMP, FRICS, LEED
AP
310 351 0138 m
www.totumconsulting.com
dannvCatotumconsultinci.com
May 23, 2024
Mr. Christopher Tanio, PE
Deputy Director of Public Works/City Engineer
City of Placentia
401 E. Chapman Ave.
Placentia, CA 92870
Via email.
AMENDMENT PROPOSAL#2 FOR CM SERVICES FOR THE CITY OF PLACENTIA
PUBLIC SAFETY BUILDING
Dear Chris,
Totum is providing this proposal for a second amendment to our construction management services for the Police Evidence Storage Facility (Public Safety Building).
As stated in our letter of January 9th, 2024, the first amendment was requested because in our original fee proposal, the project was a 2 -phased construction project, with phase 1 being the Butler building scope and phase 2 being the main building.
The project was subsequently split into 4 phases due to bidding requirements to save on construction costs. This necessitated substantial additional CM time on bidding and procurement. There were multiple bid and re -bid packages.
The project completion was also extended from March 2024 to September 2024.
Unfortunately, the amendment #1 request did not account for or anticipate correctly all the added deputy inspection services required by this 4 -phase project. And at the City request we have also included $10,650 for Geocon, for soils inspection services.
We have also extended the project duration based on PCN3 latest schedule to complete.
Therefore, we propose a not to exceed additional fee of $152,965.00 billed on a time and materials basis which would increase the total NTE Fee to $622,965.00.
However, based on our meeting this week, Totum agrees in good faith, to reduce this added fee proposal by $20,000 to $132,965.
The breakdown of the baseline $152,965 increase is as follows:
Koury Fee $94,000
Administrative markup 10% $ 9,400
Totum Fee $37,850
Geocon Fee
Administrative markup 10%
$10,650
$ 1,065
Thank you for your continued confidence in Totum to assist with this project.
Regards
Danny Kaye, CCM, PMP, FRICS, LEED AP
Principal
totum