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SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND
MARK THOMAS AND COMPANY, INC.
(PROJECT MANAGEMENT SERVICES)
FOR MCKINLEY STREET GRADE SEPARATION
CITY OF CORONA PROJECT NO. 2012-12/ST-2012-01)
1. PARTIES AND DATE.
This Second Amendment to the Professional Services Agreement (“Second Amendment”) is made and entered into this 2nd day of August, 2023 by and between the City of Corona (“City”) and Mark Thomas and Company, Inc. (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Second Amendment.
2. RECITALS.
2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated June 19, 2019 (“Agreement”), whereby Consultant agreed to provide professional Project Management consulting services.
2.2 Prior Amendment(s). City and Consultant entered into that certain First Amendment to the Professional Services Agreement on or about July 21, 2021 (“First Amendment”).
2.3 Amendment. City and Consultant desire to amend the Agreement for the second time to (1) amend the Scope of Services for Consultant to provide additional project management; (2) extend the term of the agreement; (3) amend the Consultant’s compensation for the added services; (4) replace Exhibit “A” (Scope of Services) with Exhibit “A-2” (Scope of Services); and (5) replace Exhibit “C” (Compensation) with Exhibit “C-2” (Compensation).
3. TERMS.
3.1 Term. Section 3.1.2 (Term) of the Agreement is hereby deleted in its entirety and replaced with the following:
“3.1.2 Term. The term of this Agreement shall be from June 19, 2019 to June 30, 2025 (“Term”), unless earlier terminated as provided herein. Consultant shall complete the Services within the Term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by DocuSign Envelope ID: 001A1F58-F895-4625-B19F-4CF431B47890 CA\DD\02000.50105\10005846.1
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executing a written amendment pursuant to Section 3.6.8 below (each a “Renewal Term”). The terms “Term” and “Renewal Term” may sometimes be generally and collectively referred to as “Term” in this Agreement.”
3.2 Rates & Total Compensation. Section 3.3.1 (Rates & Total Compensation) and Exhibit “C-1” (Compensation) of the First Amendment are hereby deleted in their entirety and replaced with the following:
“3.3.1 Rates & Total Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C-2” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed Three Million Six Hundred Fifty-Eight Thousand Two Hundred Eighty-Five Dollars
($3,658,285.00) (“Total Compensation”), without written approval of City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
3.3 Exhibit “A-2”. Exhibit “A-1” (Scope of Services) of the First Amendment is hereby deleted in its entirety and replaced with Exhibit “A-2” (Scope of Services) attached hereto and incorporated herein by reference.
3.4 Continuing Effect of Agreement. Except as amended by this Second Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this Second Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment.
3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Second Amendment.
3.6 Counterparts. This Second Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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CITY’S SIGNATURE PAGE
FOR
SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND
MARK THOMAS AND COMPANY, INC.
(PROJECT MANAGEMENT SERVICES)
FOR MCKINLEY STREET GRADE SEPARATION
CITY OF CORONA PROJECT NO. 2012-12/ST-2012-01)
IN WITNESS WHEREOF, the Parties have entered into this Second Amendment to Professional Services Agreement as of the date noted on the first page of the Amendment.
CITY OF CORONA
By: _________________________
Savat Khamphou
Public Works Director
Reviewed By: _________________________
Kenny Nguyen
CIP Manager/Assistant City Engineer
Reviewed By: _________________________
Yasmin Lopez
Purchasing Manager
Attest:
_________________________
Sylvia Edwards
City Clerk
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CONSULTANT’S SIGNATURE PAGE
FOR
SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND
MARK THOMAS AND COMPANY, INC.
(PROJECT MANAGEMENT SERVICES)
FOR MCKINLEY STREET GRADE SEPARATION
CITY OF CORONA PROJECT NO. 2012-12/ST-2012-01)
IN WITNESS WHEREOF, the Parties have entered into this Second Amendment to Professional Services Agreement as of the date noted on the first page of the Amendment.
MARK THOMAS AND COMPANY, INC.
a California corporation
By: _________________________
Zach Siviglia, PE
President/CEO
By: _________________________
Robert M. Brogan
Secretary
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EXHIBIT "A-2"
SCOPE OF SERVICES
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ADD SERVICE 2:
1. Additional Twelve (12) monthly team meetings to review Project needs with the design and construction management consultants, and the Contractor.
2. As necessary Project Management advisory services for approximately six (6) months to account for the extension in the contract.
3. Additional public outreach support and coordination for the additional six (6) months of Project needs
4. Additional submittals to funding agencies and stakeholders for the additional six (6) months of Project needs.
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EXHIBIT “C-2”
COMPENSATION
Total Compensation shall not exceed Three Million Six Hundred Fifty-Eight Thousand Two Hundred Eighty-Five Dollars ($3,658,285.00) without written authorization from City’s Representative.
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ADD SERVICE 2 COMPENSATION:
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DocuSign Envelope ID: 001A1F58-F895-4625-B19F-4CF431B47890 Certificate Of Completion
Envelope Id: 001A1F58F8954625B19F4CF431B47890 Status: Completed Subject: Complete with DocuSign: 2nd Amend PSA RFP 19-026CA McKinley Grade Separation.pdf Source Envelope:
Document Pages: 21 Signatures: 5 Envelope Originator:
Certificate Pages: 2 Initials: 0 Scott Briggs
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
400 S Vicentia Ave
Corona, CA 92882
[email protected]
IP Address: 52.244.33.248
Record Tracking
Status: Original
7/21/2023 11:33:34 AM
Holder: Scott Briggs
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Corona, CA Location: DocuSign Signer Events Signature Timestamp
Zach Siviglia
[email protected]
President
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 68.233.197.174
Sent: 7/21/2023 11:44:28 AM
Viewed: 7/24/2023 8:34:55 AM
Signed: 7/24/2023 8:36:03 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Robert M. Brogan
[email protected]
Secretary
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 68.233.192.146
Sent: 7/24/2023 8:36:05 AM
Resent: 7/24/2023 8:47:19 AM
Viewed: 7/24/2023 9:10:56 AM
Signed: 7/24/2023 9:11:01 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Yasmin Lopez
[email protected]
Purchasing Manger
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 52.243.155.252
Sent: 7/24/2023 9:11:02 AM
Viewed: 7/24/2023 9:23:55 AM
Signed: 7/24/2023 9:24:45 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kenny T. Nguyen
[email protected]
CIP Manager
City of Corona
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 64.29.226.10
Sent: 7/24/2023 9:24:47 AM
Viewed: 7/25/2023 4:24:38 PM
Signed: 7/25/2023 4:25:02 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Savat Khamphou
[email protected]
Public Works Director
City of Corona, CA
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 64.29.226.10
Sent: 7/25/2023 4:25:04 PM
Viewed: 7/25/2023 5:28:26 PM
Signed: 7/25/2023 5:30:39 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Julianna Zaleski
[email protected]
Associate Engineer
Security Level: Email, Account Authentication
(None)
Sent: 7/25/2023 5:30:41 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Purchasing
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 7/25/2023 5:30:41 PM
Viewed: 7/25/2023 5:53:16 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 7/21/2023 11:44:28 AM
Envelope Updated Security Checked 7/24/2023 8:47:18 AM
Certified Delivered Security Checked 7/25/2023 5:28:26 PM Signing Complete Security Checked 7/25/2023 5:30:39 PM
Completed Security Checked 7/25/2023 5:30:41 PM
Payment Events Status Timestamps