HomeMy WebLinkAboutStearns, Conrad, and Schmidt Consulting Engineers -2nd Amdnt. Agrmnt. - 12-20-2022L;uuu J I Ly. II CI, vt:,uptj ILI. o IJVH/ L/J-,+CLju-4t JO-h1r JV-UVJJUruur_uo!
SECOND AMENDMENT TO AGREEMENT
THIS SECONi AMENDMENT TO AGREEMENT (Amendment) made and
entered into as of this oth day of December 2022, amends the Agreement entered
between the CITY OF FRESNO, a California municipal corporation (hereinafter referred
to as CITY), and STEARNS, CONRAD, AND SCHMIDT CONSULTING ENGINEERS
INCORPORATED dba SCS ENGINEERS, a Virginia corporation (hereinafter referred to
as CONSULTANT).
RECITALS
WHEREAS, the CITY and .CONSULTANT entered into an agreement, dated
September 7, 2021 (Agreement) to provide professional consulting services for Senate
Bill 1383 (SB 1383) compliance planning for a total fee of $49,600. This Agreement shall
continue in full force and effect through December 31, 2022; and
WHEREAS, the CITY and the CONSULTANT entered into the First Amendment
to the Agreement on April 29, 2022, increasing the original contract amount by $34,940;
and
WHEREAS, the CITY desires to expand the scope of services to include, but not
limited to, providing additional SB 1383 compliance assistance extending through
December 31, 2023, which will take the CITY through collection implementation; and
WHEREAS, due to the need for additional services, the parties desire to increase
the total compensation by an additional $65,024 to complete the expanded Scope of
Services; and
WHEREAS, with entry into this Amendment, CONSULTANT agrees that it has no
claim, demands, or disputes against the CITY.
AGREEMENT
NOW, THEREFORE, the CITY and the CONSULTANT agree that the aforesaid
Agreement be amended as follows:
1. Exhibit A of the Agreement is amended to expand the scope of services and
extend the Agreement to December 31, 2023, as indicated in Exhibit A2, attached hereto
and incorporated herein by reference.
2. Section 3(a) of the Agreement is amended in its entirety to read as follows:
"(a) CONSULTANT'S sole compensation for satisfactory performance of all
services required or rendered pursuant to this Agreement shall be a total fee of One
Hundred Forty -Nine Thousand Five Hundred Sixty -Four Dollars ($149,564.00). Such fee
includes all expenses incurred by CONSULTANT in performance of the services."
3. Except as otherwise provided herein, the Agreement and the First
Amendment remain in full force and effect.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
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IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
Second Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
—DowSigne�l by:
�,
By: 12/20/2022
Brock D. Buche, PE, PLS
Director of Public Utilities
APPROVED AS TO FORM:
RINA M. GONZALES
Interim City , ttorney
By: rDocu gne y.
AVjjt , At, 6U'ST 11/28/2022
Angela . arst Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
DocuSigned by:
'ram At 12/21/2022
Deputy Date
Tina M Your
STEARNS, CONRAD, AND SCHMIDT
CONSULTING ENGINEERS, INC., a
Virginia corporation
DocruSi�gned by:
Al l(,IA,t,U.f. �,tAl/1.A,V' 11/28/2022
BY .
Michelle Leonard
Name:
Title: senior vice President
(If corporation or LLC., Board Chair,
PreFa. sign Pres.)
By: ;
Name: Curtis Tang 11/28/2022
Title: svP/CF0
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Attachment: Exhibit A2 — Additional Professional Services
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EXHIBIT A2
ADDITIONAL PROFESSIONAL SERVICES
The City of Fresno has requested a proposal from SCS Engineers to provide on -call solid
waste services, including assistance with Senate Bill 1383 (SB 1383) compliance and
implementation and other related services. The City has worked with SCS for the initial
review, planning, hauler contract amendments and outline for the City's Notice of Intent
to Comply (NOIC). Due to the level of compliance detail required by SB 1383, the City is
requesting an extension of their contract with SCS through the end of December 31, 2023,
which will take the City through collection implementation.
SCS offers the City unique qualifications through not only our working knowledge of the
City's current SB 1383 efforts, but also through our broader SB 1383 Technical
Assistance contract work with the County of Fresno. This knowledge and related
establishment of relationships with the County, County contracted haulers (inclusive of
Mid Valley and Republic), organics processing facilities, and food recovery organizations
provides an efficiency of services to the City of Fresno.
The following proposed scope of work has been prepared based on our understanding of
the City's requirements under SB 1383, and our experience working with the City on
SB 1383.
SCOPE OF SERVICES
A detailed description of the tasks we will undertake is included below.
TASK 1. MONTHLY MEETING
We will attend monthly meetings with City staff via conference call. At the monthly
meetings, we will provide updates on the project progress, work completed, and pending
items, as well as discuss other pertinent issues, problems encountered, and project
recommendations. An agenda will be provided prior to the monthly meeting, and we will
prepare and submit monthly meeting minutes following the meeting. The draft minutes
will include City and SCS action items, with the respective due dates.
TASK 2. SB 1383 CONTRACTING
This contracting technical assistance task will take the City through finalization of your
contracts with your two franchise haulers and two organics processors. The complexity
incurred with Zolly v. City of Oakland, as well as the evolving requirements around
organics facilities in the region has created new challenges for these contracts. SCS will
continue to work with the City to negotiate and finalize these agreements.
TASK 3. NOTICE OF INTENT TO COMPLY (NOIC) & CORRECTIVE ACTION PLAN
(CAP) ASSISTANCE
The City submitted to CalRecycle a Notice of Intent to Comply (NOIC) that has a detailed
timeline of tasks to be carried out toward the ultimate implementation of the City's required
SB 1383 programs through the end of 2023. SCS will assist the City with the following
NOIC and CAP related tasks:
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Subtask 2.1 Inspections: Residential and Commercial Collection Programs
Under this subtask, the City and the franchised haulers are required to plan for and
conduct annual SIB 1383 compliant inspections of both residential and commercial
collection programs. SCS will provide technical assistance to outline and support the City
in planning for and arranging for implementation of this requirement.
Subtask 2.2 Food Recovery Organizations
For this subtask, SCS will provide the City with technical assistance in support of Food
Recovery Organizations' planning and coordination. As SCS works closely with the
County of Fresno in providing technical assistance on the MOU Committee and Edible
Food Recovery, there will be a related efficiency of assistance to the City.
Subtask 2.3 Procurement Policy and Inspection/Enforcement Program
Procurement requirements outlined by SIB 1383 require the City to meet specific targets
over a designated timeframe and the target level expands far beyond the current
purchasing capabilities of the Public Utilities Department. For this subtask SCS will assist
the City in the finalization of the Procurement Policy and offer technical assistance for
procurement and tracking of procurement across departments.
Subtask 2.4 SIB 1383 Program Implementation
For this task SCS will provide technical assistance in the finalization and implementation
of SIB 1383 Programs as outlined in the City's NOIC.
TASK 4. ADDITIONAL SERVICES
For this task, the SCS Team will provide additional on -call solid waste services which may
include development of SIB 1383 presentations, attending City meetings, assisting with
CalRecycle requests and/or meetings. As the Task 4 effort is unknown at this time, we
have estimated a total of 100 hours for the 14-month timeframe to be utilized under
specific request by City.
IMPLEMENTATION TIMELINE
Work will commence upon approval of the contract amendment. We are aware of the
schedule and requirements of the NOIC and will work closely with the City to complete
the requisite assignments within those timeframes.
PROJECT FEES
The proposed fees to complete the above -described scope of work is indicated in Table
1. The fee is inclusive of all labor and direct costs. We assume meetings will not be in
person, however if there is the need to attend an in -person meeting, we can make
*continued on next page.
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ourselves available, however the cost to attend will be in addition to the proposed fees
indicated below.
Table 1. Project Fees
Task j Description Hours
1 Monthly Meetings 81
2 SIB 1383 Contracting 42
3 NOIC & CAP Assistance 52
4 On -Call SIB 1383 Professional Services' 100
TOTAL
-end-
Fee
$18,762
$10,216
$12,486
$23,560
$65,024
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DocuSign Envelope ID: 93BE2337-7D76-4B3A-A764-972879E69CE8
CERTIFICATE OF AUTHORITY
I, Michael W. McLaughlin, certify that I am the Secretary of Stearns, Conrad and Schmidt,
Consulting Engineers, Inc. (dba SCS Engineers), that Michelle P. Leonard is a Senior Vice
President of SCS Engineers, and that, as such, she is authorized by the Board of Directors of SCS
Engineers to enter into bids, proposals, and contracts not exceeding Eight Million Dollars
($8,000,000) in value on behalf of the firm. Said authority was given by resolution of the Board
of Directors of SCS Engineers at a meeting held on November 13, 2020, which resolution
remains in full force and effect.
SEAL fi
1972
Michael W. McLaughlin
Secretary
Stearns, Conrad and Schmidt, Consulting
Engineers, Inc. (dba SCS Engineers)
A Virginia Corporation
January 6, 2020