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HomeMy WebLinkAboutPW Permitting Coordination for Creek Dredging; Third AmendmentTHIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH HALEY & ALDRICH, INC. FOR UMBRELLA PERMITTING COORDINATION FOR PRIVATE PROPERTY SAN RAFAEL CREEK DREDGING THIS THIRD AMENDMENT to the Professional Services Agreement by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and HALEY & ALDRICH (hereinafter "CONSULTANT"), is made and entered into as of the day of Jan 31, 2023 202. RECITALS WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement dated November 18, 2020 to perform professional services in connection with CITY'S Umbrella Permitting Coordination for Private Property San Rafael Creek Dredging, for an amount not to exceed $74,700 (the "Agreement"); and WHEREAS, the CITY and CONSULTANT entered into a First Amendment to the Professional Services Agreement dated December 20, 2021 to provide additional services necessary to obtain the umbrella maintenance dredging permits for the non-federal maintenance dredging on San Rafael Creek for an amount not to exceed of $16,200 and increasing the total not to exceed under the agreement to $90,900; and WHEREAS, the CITY and CONSULTANT entered into a Second Amendment to the Professional Services Agreement dated November 15, 2022 to provide additional services necessary to obtain the umbrella maintenance dredging permits for the non-federal maintenance dredging on San Rafael Creek for an amount not to exceed of $15,000 and increasing the total not to exceed under the agreement to $105,900; and WHEREAS, CITY requires additional professional services from the CONSULTANT, and the CONSULTANT is willing to provide such services. AMENDMENT TO AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows: 1. Article II of the Agreement, entitled "DUTIES OF CONSULTANT" is hereby amended to include the additional services set forth in CONSULTANT's proposal dated October 26, 2022, attached to this Third Amendment as Exhibit A and incorporated herein by reference. 2. Article IV of the Agreement, entitled "COMPENSATION" is hereby amended to include additional compensation payable to CONSULTANT for the services described in Exhibit A to this Third Amendment, on a time and materials basis in accordance with the Exhibit A, in a not -to -exceed amount of $20,000, and to change the total not -to -exceed amount under the Agreement to $125,900. 3. Except as specifically amended herein, all of the other provisions, terms and obligations of the Agreement between the parties shall remain valid and shall be in full force. IN WITNESS WHEREOF, the parties have executed this Third Amendment on the day, month, and year first above written. CITY OF SAN RAFAEL CONSULTANT Cllutx (Jan 31, 202314:0 ) By:Patricia Mckee (Jan 31, 2023 12:36 PST) JIM SCHUTZ, City Manager Patricia Mckee Name: Title: General Counsel ATTEST: X�� Ni o6� Brenna Nurmi Rior$ (Jan 31. 202 14:3 PST) LINDSAY LARA, City Clerk [If Contractor is a corporation, add signature of second corporate officer] By: APPROVED AS TO FORM: Name: Scott Zorn i ROBERT F. EPSTEIN, City Attorney 2 Title: General Manager - West 91; •- 26 October 2022 File No. 200493-001 City of San Rafael Department of Public Health 111 Morphew Street San Rafael, CA 94901 Attention: Mr. Stephen Acker Senior Management Analyst Exhibit A Haley & Aldrich, Inc. 2033 N. Main Street Suite 309 Walnut Creek, CA 94596 925.949.1012 Subject: PSA Amendment Request No. 3 to Umbrella Permitting and Coordination for Private Property San Rafael Creek Dredging PSA Dear Stephen: Haley & Aldrich is submitting this PSA Amendment Request to the contract entitled "Umbrella Permitting Coordination for Private Property: San Rafael Creek Dredging" dated 18 November 2020. The additional funding is necessary to cover unanticipated effort including the following items: • Revisions to Water Quality Certification Application • Episode approval documentation requested by the Water Board • Addition of capping in USACE Sample Area 8 and City Sample Area NF8. • Work Window Extension. CHANGE / ADDITION TO SCOPE Task Description Total Cost 1 I Additional Regulatory Agency Responses: Water Quality Cert application revisions,I $20,000 4 Water Board episode approval, Incorporation of capping, Work Window extension 4 Total New Funding Necessary + — $20,000 AUTHORIZED BUDGET (INCLUDING THIS CHANGE ORDER) Proposal / Change Order Date Authorized Amount Professional Services Agreement 18 November 2020 $74,700 Amendment No. 1 20 December 2021 $16,200 Amendment No. 2 September 2022* $15,000 Amendment No. 3 October 2022 $20,000 Total Authorized Amount $125,900 *Not yet fully executed City of San Rafael PSA Amendment Request 26 October 2022 FORM OF COMPENSATION The services included in this change order will be provided on the following basis: L Time and Materials ❑ Fixed Price / Lump Sum ❑ Unit Price TERMS AND CONDITIONS The services included in this change order will be provided in accordance with the terms and conditions specified in: ® Professional Services Agreement dated: 18 November 2020 ❑ Proposal or change order (provide name and date): ❑ Other (please describe): If this amendment request is acceptable to you, please indicate your acceptance by signing and returning one copy of this document. We understand that City will likely issue a City generated PSA amendment for Haley & Aldrich to sign and return. Sincerely yours, HALEY & ALDRICH, INC. Scott Bodensteiner Client Leader This PSA amendment is understood and accepted: City of San Rafael By By Title Date (authorized signature) (print or type name) CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Nataly Torres (for Stephen) Extension: 3353 Contractor Name: Haley & Aldrich Contractor's Contact: Scott Bodensteiner Contact's Email: SBodensteiner@haleyaldrich.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION I COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click, here to D enter a date. b. Email contract (in Word) and attachments to City 11/15/2022 Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑X NT 2 City Attorney a. Review, revise, and comment on draft agreement 11/18/2022 and return to Project Manager 11/18/2022 © _GC_ b. Confirm insurance requirements, create Job on Department Director PINS, send PINS insurance notice to contractor ❑X — GC -3 Approval of final agreement form to send to 1/6/2023 M AM contractor 4 Project Manager Forward three (3) originals of final agreement to 1/31/2023 contractor for their signature ~5 Project Manager When necessary, contractor -signed agreement ® N/A agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date, PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed 8 City Attorney _agreement Review and approve insurance in PINS, and bonds (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized official City Clerk Attest signatures, retains original agreement and —10 forwards copies to Project Manager 3rd Amendment - Haley & Aldrich - Umbrella Permitting for San Rafael Dredge Final Audit Report 2023-01-31 Created: 2023-01-31 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAA31YQQnMBubvhXTDa1ArxoVJMPzQhQOTj "3rd Amendment - Haley & Aldrich - Umbrella Permitting for San Rafael Dredge" History Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2023-01-31 - 8:28:24 PM GMT 174 Document emailed to Patricia Mckee (pmckee@haleyaldrich.com) for signature 2023-01-31 - 8:34:36 PM GMT Email viewed by Patricia Mckee (pmckee@haleyaldrich.com) 2023-01-31 - 8:35:51 PM GMT 6© Document e-signed by Patricia Mckee (pmckee@haleyaldrich.com) Signature Date: 2023-01-31 - 8:36:51 PM GMT - Time Source: server Liv Document emailed to Scott Zorn (szorn@haleyaldrich.com) for signature 2023-01-31 - 8:36:52 PM GMT Email viewed by Scott Zorn (szorn@haleyaldrich.com) 2023-01-31 - 8:38:16 PM GMT 6© Document e-signed by Scott Zorn (szorn@haleyaldrich.com) Signature Date: 2023-01-31 - 8:58:57 PM GMT - Time Source: server El Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2023-01-31 - 8:58:58 PM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2023-01-31 - 9:38:25 PM GMT 6Q Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2023-01-31 - 9:40:56 PM GMT - Time Source: server l bV SAN RAFAEL Adobe Acrobat Sign P'4 Document emailed to Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) for signature 2023-01-31 - 9:40:57 PM GMT ,) Email viewed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) 2023-01-31 - 10:00:03 PM GMT iSa Document e -signed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) Signature Date: 2023-01-31 - 10:00:11 PM GMT - Time Source: server El Document emailed to city.clerk@cityofsanrafael.org for approval 2023-01-31 - 10:00:13 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2023-01-31 - 10:00:41 PM GMT &0 Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2023-01-31 -10:00:51 PM GMT GSo Document approved by Brenna Nurmi (city. clerk@cityofsanrafael.org) Approval Date: 2023-01-31 - 10:00:53 PM GMT - Time Source: server C'y Document emailed to jim.schutz@cityofsanrafael.org for signature 2023-01-31 - 10:00:55 PM GMT Email viewed by jim.schutz@cityofsanrafael.org 2023-01-31 - 10:06:16 PM GMT l;© Signerjim.schutz@cityofsanrafael.org entered name at signing as Jim Schutz 2023-01-31 - 10:06:59 PM GMT b© Document e -signed by Jim Schutz aim.schutz@cityofsanrafael.org) Signature Date: 2023-01-31 -10:07:01 PM GMT - Time Source: server P4 Document emailed to city.clerk@cityofsanrafael.org for signature 2023-01-31 - 10:07:02 PM GMT ,n Email viewed by city.clerk@cityofsanrafael.org 2023-01-31 - 10:37:26 PM GMT 6© Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2023-01-31 -10:37:44 PM GMT Oe Document e -signed by Brenna Nurmi (for)(city.clerk@cityofsanrafael.org) Signature Date: 2023-01-31 - 10:37:46 PM GMT - Time Source: server ��D' Agreement completed. 2023-01-31 - 10:37:46 PM GMT SAN RAFAELI °ow"`dby Adobe " " A" E '° WITH ISS ON Acrobat Sign