HomeMy WebLinkAboutStearns, Conrad & Schmidt Consulting Engineers Inc. First Amendment To Agreement - 11-28-23 FIRST AMENDMENT TO
AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered
into effect the day of Novemb '! 2023, (Effective Date) amends the
Agreement heretofore entered into between the CITY OF FRESNO, a California
municipal corporation (City), and STEARNS, CONRAD AND SCHMIDT CONSULTING
ENGINEERS INCORPORATED, a Virginia corporation (Consultant).
RECITALS
WHEREAS, the City and the Consultant entered into an agreement on
December 15, 2021, (Agreement) to provide professional engineering services for the
Regional Wastewater Reclamation Facility Renewable Natural Gas Pipeline project
(Project); and
WHEREAS, the City and the Consultant desire to further expand and update the
scope of services to include, but not be limited to, update revisions to the plans and
specifications, and options to update feasibility report and have SCS representative
present for Council award approval; and
WHEREAS, the City desires to increase the Consultant's compensation by
$137,356.58 to complete the amended scope of services for a revised total not to exceed
$360,115.22 including a contingency of$20,000; and
WHEREAS, the City and the Consultant desire to extend the Agreement to
December 31, 2026; and
WHEREAS, the Agreement will be administered for the City by its Capital Projects
Director ("Director") or designee; and
WHEREAS, with entry into this Agreement, the Consultant agrees the Consultant
has no claim, demand, or dispute against the City.
AGREEMENT
NOW, THEREFORE, the Parties agree that the aforesaid Agreement be amended
as follows:
1. Exhibit A of the Agreement is amended to expand the scope of services as
indicated in Exhibit A2 attached hereto and incorporated herein by reference.
2. The Consultant's sole compensation for satisfactory performance of all
services required or rendered pursuant to this Agreement shall not exceed $360,115.22
including a contingency of$20,000 paid on a time and material basis in accordance with
the schedule of fees contained in Exhibit A2. Such fee includes all expenses incurred
by the Consultant in performance of said services.
3. The Term of Agreement is extended to December 31, 2026, and Time for
Performance is increased to 1842 consecutive calendar days
4. Except as otherwise provided herein, the Agreement entered into by the
City and the Consultant on December 15, 2021, remains in full force and effect.
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IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno,
California, the day and year first above written.
CITY OF FRESNO, Stearns, Conrad and Schmidt Consulting
A municipal corporation Engineers, Inc.,
a Virgina Corporation
By:
Randall W. Morrison, PE, Director By: solavann Sim f0([26.202314:05PDT)
Capital Projects Department
Name: Sol Sim
APPROVED AS TO FORM:
ANDREW JANZ Title: Vice President
City Attorney (If corporation or LLC, Board Chair,
Pres. or Vice Pres.)
41_p_-m Kaf Oct 26,2023
Angela M. Karst Date
Senior Deputy City Attorney By: Curtis Jang(Oc[26.W314:20PDT)
ATTEST: Name: Curtis P. Jang
TODD STERMER, CMC
CITY CI �y Title: CFO
_ (If corporation or LLC, CFO,
By: �jr�r �- Treasurer, Secretary or Assistant
Deputy Date Secretary)
S� �N Iva c
Addresses:
CITY: CONSULTANT:
City of Fresno Stearns, Conrad and Schmidt Consulting
Attention: Patricia Diep Engineers, Inc.
Supervising Engineering Technician 3900 Kilroy Airport Way
1626 E Street Long Beach, CA 90806-6816
Fresno, CA 93706 Phone: (562) 426-9544
Phone: (559) 621-1609 FAX: (562) 988-3183
FAX: (559) 498-4126
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Exhibit A2
FIRST AMENDMENT TO SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno ("CITY") and
Stearns, Conrad and Schmidt Consulting Engineers, Inc.
("CONSULTANT")
Regional Wastewater Reclamation Facility Renewable Natural Gas Pipeline
Scope of Work
1. Revisions to the plan and profile sheets provided in the transmission pipeline
drawing package set.
2. Generation of a uniform bid sheet to be utilized by the bidders for the pipeline
installation scope of work.
3. Revisions to Mechanical, Process, Electrical, and Instrumentation drawings and
Specification package to include comments by City of Fresno third party consultant
received in June 2023.
4. Incorporation of two more rounds of plan check comments
5. Completion of vendor bulk asset registry form once project is completed.
6. Two optional additions to the scope of work that would need prior approval by the
City before proceeding:
• Update the feasibility report not-to-exceed price
• SCS representative present during Council award to address technical
questions
COMPENSATION
The compensation for the additional services, as described above, shall be paid on a time
and material basis in accordance with the schedule of fees contained below. Fees will be
billed monthly in accordance with phase work completed.
Original Contract
TOTAL ORIGINAL PROFESSIONAL FEE (LUMP SUM) $222,758.64
First Amendment Compensation
FIRST AMENDMENT COMPENSATION (NOT TO EXCEED) $137,356.58
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SCHEDULE OF FEE
Effective April 1, 2023 through March 31, 2024)
Rate/Hour
Business Unit Director $315
Senior Project Director $310
Project Director $275
Senior Project Manager $260
Senior Project Advisor $250
Project Manager IV $250
National Operations Manager $240
Senior Superintendent $240
Project Manager 1 $225
Senior Engineer/Professional IV $225
Project Controls Manager $220
Senior Engineer/Professional 1 $170
Senior Office Services Manager $170
Plant Operations Supervisor $152
Designer. $150
Project Engineer/Professional II $150
Project Engineer/Professional 1 $135
Senior Plant Operator $135
Staff Engineer/Professional $125
Associate Engineer/Professional $115
Drafter $105
Plant Operator $105
Project Administrator $85
Technician $80
Administrative Assistant $80
General Terms
1. Scheduled rates are effective through March 31, 2024. Work performed thereafter is subject to
a new Fee Schedule.
2. Scheduled labor rates include overhead, administration, and profit. Costs for outside
consultants and subcontractors, and for job-related employee travel and subsistence,
reproduction, telephone, equipment, and supplies are billed at actual cost plus a 15 percent
administrative fee.
3. Vehicle mileage is invoiced at$1.00 per mile for company trucks and 65.5 cents per mile for
all other vehicles driven for business use; plus administrative fee.
4. Invoices will be prepared monthly or more frequently for work in progress, unless otherwise
agreed. Invoices are due and payable upon receipt. Invoices not paid within 30 days are
subject to a service charge of 1.5 percent per month on the unpaid balance.
5. Payment of SCS invoices for services performed will not be contingent upon the client's
receipt of payment from other parties, unless otherwise agreed in writing. Client agrees to pay
legal costs, including attorney's fees, incurred by SCS in collecting any amounts past due and
owing on client's accounts.
6. For special situations such as expert court testimony and limited consultation, hourly rates will
be on an individual basis.
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