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HomeMy WebLinkAboutPW Peacock Gap Lagoon Assessment; First AmendmentFIRST AMENDt1IENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH FOTH & VAN DYKE AND ASSOCIATES, INC. FOR PROFESSIONAL SERVICES FOR THE PEACOCK GAP LAGOON ASSESSMENT PROJECT THIS FIRST AMENDMENT to the Professional Services Agreement by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and FOTH & VAN DYKE AND ASSOCIATES, INC., (hereinafter "CONSULTANT"), is made and entered into as of the day of 2020. RECITALS WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement dated March 4, 2020 to provide field services and fieldinvestigations to deliver a scientific based assessment and report on the CITY'S project concerning the biological health of Peacock Gap Lagoon, for an amount not to exceed S 13,123 (the "Agreement")- and WHEREAS, CITY requires additional monitoring and reporting services from the CONSULTANT to facilitate Lagoon Management, and the CONSULTANT is willing to provide such services; ANIENDMENT TO AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the. Agreement as follows: ] . Section 2 of the Agreement, entitled "DUTIES OF CONTRACTOR" is hereby amended to include the additional services set forth in CONSULTAN'I-s proposal entitled "Agreement for Services Worker Order No. I" dated June 29, 2020, attached to this First Amendment as Exhibit "A" and incorporated herein by reference. 2 Section 4 of the Agreement, entitled "COMPENSATION" is hereby amended to include additional compensation payable to CONSULTANT for the services described in Exhibit "A" to this First Amendment, on a time and materials basis in accordance with the `-Compensation" included in Exhibit "A", in a not -to - exceed amount of $26,148.00, and to change the total not -to -exceed amount under the Agreement to $39,271 - 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 First Amendment on the day, month, and year first above written. CITY OF SAN RAFAEL JIIt SCI TZ, Cit >\I lager .ATTEST 16/I,INDSAY LARA, City Cleric APPROVED AS TO FORM: 6ri—ROBER-F F EPSTEI . City Attorney CONSULTANT By. Ci(• !�� C/ �/i%� Name: , t �• l�QS v�'/ Title----- �DI'11/ &dt�jC) �}Cr [If Contractor is a corporation, add signature of second corporate officer] By. " -- Narne Carey parent Title: Client Director 2 Exhibit A AGREEMENT FOR SERVICES FothWORK ORDER No. 1 Project Title: City of San Rafael — Peacock Gap Lagoon Management FOTH Project Number: 20SO24 00 CLIENT Project Number: (If applicable) This Work Order (in addition to and subject to the conditions contained in the Master Agreement for Services dated March 4. 2020), (hereinafter "Work Order'), is made and entered into this 29th day of June, 2020, by and between FOTH & VAN DYKE AND ASSOCIATES, INC , 384 Bel Mann Keys Blvd., Suite 140, Novato, CA 94949, (hereinafter "Consultant") and Larkspur Marina Property Owner's Association, (hereinafter "Client"), for the services described under the Scope of Services (the 'Services"). CLIENT cit\ o1"San Rafael Public works Address- I I I i"for )Ilev, St Phone No: -11;-435-,I 10 Email Address Bill Guennpcityofsanrafael org • • Client hereby agrees to retain Consultant to perform the following Services Lagoon Management Services (Any additional description required is contained in Exhibit A, if applicable.) Services shall be performed according to the following schedule: July 2020 — November 2021 • In consideration of these Services the Client agrees to pay Consultant compensation as follows ❑ Lump -Sum in the amount of S 00 ® Unit Cost/Time Charges (Standard Rates) with a total amount not -to -exceed $26,148.00 ❑ Other as stated here: None Entire Agreement: This Work Order, along with other approved project -specific Work Orders, together with and subject to the Master Agreement for Services referenced above, constitutes the entire understanding between the parties with respect to the subject matter hereof This Work Order may be modified by subsequent written addenda mutually agreeable by both parties IN WITNESS WHEREOF, this Agreement is accepted on the date first written above, subject to the terms and conditions above stated and the provisions set forth herein. CLIENT FOTH & VAN DYKE AND ASSOCIATES, INC. Signed Signed Name (printed)- Name (printed). Carey Parent Title: Title. Client Director Date. Date 07/15/2020 Signed Name (printed) Wendy Rocha Title Senior Client Manager Date 07/16/2020 Page 1 of 3 Rev. 4/27/2020 Foth will provide the following services from July 2020 through November 2021 1. Water qualitymonitoring (Seasonal — monthly basis): (July 2020 — October 2021): 12 c-, cuts 2. Water quality laboratory samples (Beginning/Mid/End of Season): (Juh 2020 —October 2(121): 5 events 3. Bacteria/Enzynle deployment (Seasonal — monthli basis: (July 2020 — October 2021): 10 events 4. .Annual report (11/2020, 11/2021): 2 Reports i. As needed consulting (Meetings, presentations, correspondence) to he hilled at an hourly rate: S145.00 Page 2 of 3 Rev. 4127/2020 RAP, <1 AP,! 1 i Z �, ho �iT y WITH P A\� 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: TS for Bill Guerin Extension: 3354 Contractor Name: Foth & Van Dyke Contractor's Contact: Adrian Cormier Contact's Email: Adrian.Cormiera foth.com - ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 7/28/2020 Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑x TS 2 City Attorney a. Review, revise, and comment on draft agreement 8/3/2020 © LG and return to Project Manager 8/11/2020 x❑ LG b. Confirm insurance requirements, create Job on Department Director PINS, send PINS insurance notice to contractor 3 Approval of final agreement form to send to 8/11/2020 © BG contractor 4 Project Manager Forward three (3) originals of final agreement to 8/11/2020 NTS 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 PRINT Project Manager Date of City Council approval enter a date. CONTINUE ROUTING PROCESS WITH HARD COPY 6 Forward signed original agreements to City 8/25/20 TS City Attorney Attorney with printed copy of this routing form 7 Review and approve hard copy of signed! / agreement 8 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized official ` c 10 City Clerk Attest signatures, retains original agreement and /, 0D V forwards copies to Project Manager