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HomeMy WebLinkAboutPW Southern Heights at Courtright Retaining Wall Project; Second AmendmentIt SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MARK THOMAS & COMPANY, INC. FOR THE SOUTHERN HEIGHTS AT COURTRIGHT RETAINING WALL PROJECT THIS SECOND AMENDMENT to the Professional Services Agreement by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and MARK THOMAS & COMPANY, INC., (hereinafter "CONSULTANT"), is made and entered into as of the day of May 8, 2023 , 202_. RECITALS WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement dated November 20, 2019, to perform professional services in connection with CITY'S Southern Heights at Courtright Retaining Wall Project, for an amount not to exceed 114,000 (the "Agreement"); and WHEREAS, the Term of the Agreement was to expire on December 31, 2021 and The CITY and CONSULTANT entered into a First Amendment to the Professional Services Agreement dated April 21, 2022 to extend the Agreement term by one year, through December 31, 2022; and WHEREAS, CITY and CONSULTANT agreed informally that the Term of the Agreement requires another extension, and now wish to ratify and memorialize that extension; AMENDMENT TO AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows: 1. Article 5 of the Agreement, entitled "TERM OF AGREEMENT" is hereby amended, effective as of December 31, 2022, to extend the Agreement term by one year, through December 31, 2023. 2. 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 Wr- Jim Ychut(May 8, 202316:52 PDT; JIM SCHUTZ, City Manager ATTEST: Brenna Alumni lforj Brenna Nurmi (for) (May 8, 2023 16:53 PDT) LINDSAY LARA, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, City Attorney W CONSULTANT Name: Zachary Siviglia Title: President [If Contractor is a corporation, add signature of second corporate officer] By: Matt Brogan (May 8, 2023 13:17 PDT) Name: Matt Brogan Title: Secretary 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 Philip Buckley) Extension: 3353 Contractor Name: Mark Thomas & Company, Inc. Contractor's Contact: Victor Sherby Contact's Email: vsherby@markthomas.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DEPARTMENT 1 Project Manager 2 City Attorney 3 Department Director 4 Project Manager 5 Project Manager PRINT 6 Project Manager 7 City Attorney 8 City Attorney 9 City Manager / Mayor 10 City Clerk DESCRIPTION a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor Approval of final agreement form to send to contractor Forward three (3) originals of final agreement to contractor for their signature When necessary, contractor -signed agreement agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed $75,000; and for Public Works Contracts that exceed $175,000 Date of City Council approval CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreements to City Attorney with printed copy of this routing form Review and approve hard copy of signed agreement Review and approve insurance in PINS , and bonds (for Public Works Contracts) Agreement executed by City Council authorized official Attest signatures, retains original agreement and forwards copies to Project Manager COMPLETED REVIEWER DATE Check/Initial Click here to ❑ enter a date. 5/4/2023 O NT 5/5/2023 5/5/2023 ❑X NT 1 0 NT 5/7/2023 1 © AM 5/8/2023 ❑X N/A Or Click here to enter a date. Second Amendment - Southern Heights Courtright Retaining Wall Final Audit Report 2023-05-08 Created: 2023-05-08 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAA5guJPAzkyUeloiolfDyGKHrNGRSdiuVB "Second Amendment - Southern Heights Courtright Retaining W all" History Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2023-05-08 - 7:22:00 PM GMT E'er Document emailed to Zachary Siviglia (zsiviglia@markthomas.com) for signature 2023-05-08 - 7:33:00 PM GMT Email viewed by Zachary Siviglia (zsiviglia@markthomas.com) 2023-05-08 - 8:12:05 PM GMT Oe Document e-signed by Zachary Siviglia (zsiviglia@markthomas.com) Signature Date: 2023-05-08 - 8:12:29 PM GMT - Time Source: server E'y Document emailed to Matt Brogan (mbrogan@markthomas.com) for signature 2023-05-08 - 8:12:30 PM GMT Email viewed by Matt Brogan (mbrogan@markthomas.com) 2023-05-08 - 8:16:32 PM GMT 6© Document e-signed by Matt Brogan (mbrogan@markthomas.com) Signature Date: 2023-05-08 - 8:17:06 PM GMT - Time Source: server E'y Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2023-05-08 - 8:17:07 PM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2023-05-08 - 9:55:06 PM GMT b© Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2023-05-08 - 11:10:28 PM GMT - Time Source: server SAN i2AFAEL Adobe Adobe °` °"I"AMMIO� Acrobat Sign Oh C, Document emailed to Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) for signature 2023-05-08 - 11:10:29 PM GMT LI Email viewed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) 2023-05-08 - 11:12:46 PM GMT b© Document e-signed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) Signature Date: 2023-05-08 - 11:14:03 PM GMT - Time Source: server C'► Document emailed to city.clerk@cityofsanrafael.org for approval 2023-05-08 - 11:14:04 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2023-05-08 - 11:49:09 PM GMT bo Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2023-05-08 - 11:49:19 PM GMT b© Document approved by Brenna Nurmi(city.clerk@cityofsanrafael.org) Approval Date: 2023-05-08 - 11:49:21 PM GMT - Time Source: server Document emailed to jim.schutz@cityofsanrafael.org for signature 2023-05-08 - 11:49:22 PM GMT Email viewed by jim.schutz@cityofsanrafael.org 2023-05-08 - 11:51:42 PM GMT 6© Signer jim.schutz@cityofsanrafael.org entered name at signing as Jim Schutz 2023-05-08-11:52:27 PM GMT 60 Document e-signed by Jim Schutz (jim.schutz@cityofsanrafael.org) Signature Date: 2023-05-08 - 11:52:29 PM GMT - Time Source: server Document emailed to city.clerk@cityofsanrafael.org for signature 2023-05-08 - 11:52:31 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2023-05-08 - 11:53:16 PM GMT &o Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2023-05-08-11:53:36 PM GMT d© Document e-signed by Brenna Nurmi (for)(city.clerk@cityofsanrafael.org) Signature Date: 2023-05-08 - 11:53:38 PM GMT - Time Source: server Agreement completed. 2023-05-08 - 11:53:38 PM GMT SAN RAFAEL Adobe Acrobat Sign