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HomeMy WebLinkAboutPW Upper San Rafael Creek Sediments Testing & Disposal; Second AmendmentSECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH HALEY & ALDRICH, INC. FOR UPPER SAN RAFAEL CREEK SEDIMENTS TESTING AND DISPOSAL THIS SECOND AMENDMENT to the Professional Services Agreement by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and HALEY & ALDRICH, INC. (hereinafter "CONSULTANT"), is made and entered into as of the day of Jan 5, 2023 9202. DUd- TAT C WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement dated March 22, 2022 to perform professional services in connection with CITY'S Upper San Rafael Creek Sediments Testing and Disposal, for an amount not to exceed $64,700 (the "Agreement"); and WHEREAS, the CITY and CONSULTANT entered into a First Amendment to the Professional Services Agreement dated September 22, 2022 to provide additional services necessary to sample and analyze sediment samples in the upper region of the San Rafael Creek, for an amount not to exceed $13,600 and increasing the total not to exceed under the agreement to $78,300; 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: I. Article II of the Agreement, entitled "DUTIES OF CONSULTANT" is hereby amended to include the additional services set forth in CONSULTANT's proposal dated November 18, 2022, attached to this Second 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 Second Amendment, on a Time and Materials basis in accordance with the Exhibit A, in a not -to -exceed amount of $44,380, and to change the total not -to -exceed amount under the Agreement to $122,680. 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 Second Amendment on the day, month, and year first above written. CITY OF SAN RAFAEL SOwz (Jan 5, 2023 09!061Pq JIM SCHUTZ, City Manager ATTEST: Lindsay Lara tJaf) S. 2023 13:32;iSn LINDSAY LARA, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney 2 CONSULTANT GlL` G G -f By: Patricia Mckee (Dec 27, 2022 11:55 PST) Name: Patricia Mckee Title: General Counsel [If Contractor is a corporation, add signature of second corporate officer] By:Liict a nne55y{Pec 27. 262216!52 EST} Name: Lizetta Fennessy Title: General Manager HA'DRICH 18 November 2022 File No. 200493-002 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. 2 for: Additional Sediment Quality Assessment Requirements Dear Stephen: Haley & Aldrich is submitting this Amendment Request under the Professional Services Agreement (PSA) entitled "Upper San Rafael Creek Sediments Testing and Disposal" dated 22 March 2022. The additional funding is necessary to 1.) Conduct z -layer analyses of sediment samples in the upper region of the San Rafael Creek as requested by the Dredged Material Management Office (DMMO), and 2.) Collect and analyze post -dredge surface sediment samples in Area SRC-NF7 as requested by the DMMO via consultation with NOAA. Post -dredge sampling and analysis measures will include collection of surface samples from all nine sample locations, and analysis of a single 9 -sample composite for dioxins and pcbs. Cost for portion of the amendment is shown under new line -item Task #6. CHANGE / ADDITION TO SCOPE Task Description Sample Analysis: Z -Layer Sample Analysis Total Cost 4 $11,880 5 Sediment Quality Report: Z -Layer Report and Bioaccumulation Modeling Post -Dredge Surface Sediment Sampling & Analysis $11,000 6 $21,500 Total New Funding Necessary $44,380 City of San Rafael PSA Amendment Request 18 November 2022 AUTHORIZED BUDGET (INCLUDING THIS CHANGE ORDER) Proposal/ Change Order Date Authorized Amount Professional Services Agreement 22 March 2022 $64,700 Amendment No. 1 22 September 2022 $13,600 Amendment No. 2 October 2022 $44,380 Total Authorized Amount $122,680 FORM OF COMPENSATION The services included in this change order will be provided on the following basis: Time and Materials Fixed Price / Lump Sum L— Unit Price TERMS AND CONDITIONS The services included in this change order will be provided in accordance with the terms and conditions specified in: I Professional Services Agreement dated: 22 March 2022 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 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 11/15/2022 Attorney c/o Laraine.Gittens@cityofsanrafael.org ©NT 2 City Attorney a. Review, revise, and comment on draft agreement 11/18/2022 and return to Project Manager 11/18/2022 QI _GC_ b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor X GC - 3 Department Director Approval of final agreement form to send to 12/12/2022 ® AM contractor 4 Project Manager Forward three (3) originals of final agreement to 12/15/2022 ❑X 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 City Attorney agreement 8 Review and approve insurance in PINS, and bonds _(for Public Works Contracts) Agreement executed by City Council authorized ; 9 City Manager/ Mayor official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager Second Amendment - Haley San Rafael Creek Sediments Disposal Final Audit Report & Aldrich - Upper Testing and Created: 2022-12-15 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAA_YH 4X2uKzo9nRkbOJhp_LbGH7VetZx9 2023-01-05 "Second Amendment - Haley & Aldrich - Upper San Rafael Cree k Sediments Testing and Disposal" History Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2022-12-15 - 8:43:10 PM GMT P4 Document emailed to Patricia Mckee (pmckee@haleyaldrich.com) for signature 2022-12-15 - 8:50:26 PM GMT Email viewed by Patricia Mckee (pmckee@haleyaldrich.com) 2022-12-15 - 9:29:34 PM GMT L'---'. New document URL requested by Patricia Mckee (pmckee@haleyaldrich.com) 2022-12-23 - 2:30:34 PM GMT Email viewed by Patricia Mckee (pmckee@haleyaldrich.com) 2022-12-27 - 7:54:51 PM GMT 6o Document e -signed by Patricia Mckee (pmckee@haleyaldrich.com) Signature Date: 2022-12-27 - 7:55:31 PM GMT - Time Source: server E'-► Document emailed to Lizetta Fennessy (Ifennessy@haleyaldrich.com) for signature 2022-12-27 - 7:55:33 PM GMT Email viewed by Lizetta Fenn,essy (Ifennessy@haleyaldrich.com) 2022-12-27 - 9:51:23 PM GMT &o Document e -signed by Lizetta Fennessy (Ifennessy@haleyaldrich.com) Signature Date: 2022-12-27 - 9:52:17 PM GMT - Time Source: server { 5Ah1 RAFAEt �`�by Adobe Acrobat Sign �'y Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2022-12-27 - 9:52:19 PM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2023-01-05 - 0:44:20 AM GMT C'y New document URL requested by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2023-01-05 - 0:44:52 AM GMT 6© Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2023-01-05 - 0:48:07 AM GMT - Time Source: server E'► Document emailed to Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) for signature 2023-01-05 - 0:48:08 AM GMT n Email viewed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) 2023-01-05 - 1:08:09 AM GMT b© Document e -signed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) Signature Date: 2023-01-05 - 1:08:27 AM GMT - Time Source: server C'y Document emailed to city.clerk@cityofsanrafael.org for approval 2023-01-05 - 1:08:28 AM GMT Email viewed by city.clerk@cityofsanrafael.org 2023-01-05 - 4:51:58 PM GMT i:�0 Signer city.clerk@cityofsanrafael.org entered name at signing as Lindsay Lara 2023-01-05 - 4:52:11 PM GMT b© Document approved by Lindsay Lara (city.clerk@cityofsanrafael.org) Approval Date: 2023-01-05 - 4:52:13 PM GMT - Time Source: server E'► Document emailed to jim.schutz@cityofsanrafael.org for signature 2023-01-05 - 4:52:15 PM GMT Email viewed byjim.schutz@cityofsanrafael.org 2023-01-05 - 5:06:17 PM GMT 6© Signerjim.schutz@cityofsanrafael.org entered name at signing as Jim Schutz 2023-01-05 - 5:06:45 PM GMT igS© Document e -signed by Jim Schutz Qim.schutz@cityofsanrafael.org) Signature Date: 2023-01-05 - 5:06:47 PM GMT - Time Source: server C'w Document emailed to city.clerk@cityofsanrafael.org for signature 2023-01-05 - 5:06:49 PM GMT SAN RAFAEL P—'e by Adobe Acrobat Sign Email viewed by city.clerk@cityofsanrafael.org 2023-01-05 - 9:32:01 PM GMT 6© Signer city.clerk@cityofsanrafae1.org entered name at signing as Lindsay Lara 2023-01-05 - 9:32:14 PM GMT 6o Document e-signed by Lindsay Lara (city.clerk@cityofsanrafael.org) Signature Date: 2023-01-05 - 9:32:16 PM GMT - Time Source: server Agreement completed. 2023-01-05 - 9:32:16 PM GMT SAN RAFAEL I AdoPowbe R- Adobe fl, `"'vI ''.M'SS'°" Acrobat Sign