1 FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment ) made and entered into as of this ____ day of ____________, 2022, amends the Agreement entered into 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 as total fee of $49,600; and WHEREAS, the CITY desires to expand the scope of services to include, but not limited to, providing additional SB 1383 compliance assistance; and WHEREAS, due to the need for additional services, the parties desire to increase the total compensation by an additional $ 34,940 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 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 Eighty- Four Thousand Five-Hundred Forty Dollars ($84,540.00). Such fee includes all expenses incurred by CONSULTANT in performance of the services.”
3. Except as otherwise provided herein, the Agreement entered into by the CITY and the CONSULTANT on September 7, 2021, remains in full force and effect.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
DocuSign Envelope ID: 83585F08-E42E-450E-822B-CB4AAFC178E2
2 IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this First Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO,
A municipal corporation
By:
Brock D. Buche, PE, PLS
Interim Public Utilities Director
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Angela M. Karst Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy Date
STEARNS, CONRAD, AND SCHMIDT
CONSULTING ENGINEERS, INC., A
Virginia corporation
By:
Name:
Title:
(If corporation or LLC., Board
Chair, Pres. Or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
Attachment: Exhibit A2 – Additional Professional Services DocuSign Envelope ID: 83585F08-E42E-450E-822B-CB4AAFC178E2 4/5/2022
MICHELLE P. LEONARD
Senior Vice President
4/5/2022
Clerk Attesting
1 of 2
EXHIBIT A2
ADDITIONAL PROFESSIONAL SERVICES
The City of Fresno has requested a proposal from SCS Engineers to provide on-going assistance with Senate Bill 1383 (SB 1383) compliance. Specifically, the City needs assistance with updating hauling agreements and completing tasks in the Notice of Intent to Comply (NOIC). 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 over the past six months.
SCOPE OF SERVICES
A detailed description of the tasks we will undertake is included below.
TASK 1. AGREEMENTS REVIEW & UPDATE
This task will be to update the City’s existing franchise agreements with Republic Services and Mid Valley Disposal, and the service agreements with CARTS, Green Valley and West Coast Waste to incorporate the requirements of SB 1383. Our team is currently working with Fresno County to update their franchise agreements, utilizing the CalRecycle statewide model franchise agreement and ordinance that are compliant with SB 1383. These tools may allow for a more cost-efficient process to arrive at those revised agreements from a business term and service description perspective. We will review the City’s agreements, and provide recommendations for additions, deletions, and edits to incorporate the requirements of SB 1383.
TASK 2. NOTICE OF INTENT TO COMPLY (NOIC) ASSISTANCE
The City submitted to CalRecycle a Notice of Intent to Comply (NOIC) that has a number of tasks to be completed over the next eight months. SCS will assist the City with the following NOIC tasks:
Subtask 2.1 Waivers
Under this subtask, the city must establish a waiver application, waiver qualification and approval process, and waiver recordkeeping procedure. SCS will prepare the requisite documents, and provide to the City prior to the due date of April 1, 2022.
Subtask 2.2 Education and outreach and implementation plan For this subtask, SCS will develop an education and outreach plan for Residential Collection, including information on SB 1383 requirements, food waste reduction, backyard composting.
We will also develop an implementation plan for recordkeeping, which will include the recordkeeping requirements, schedule, and responsibilities. This subtask will be completed prior to July 1, 2022.
Subtask 2.3 Procurement Policy and Inspection/Enforcement Program Under this subtask, we will update the City’s procurement policy to incorporate purchasing requirements of SB 1383 and in franchise agreements. This subtask will also include outlining an inspection plan and enforcement program. This subtask will be completed prior to November 1, 2022.
DocuSign Envelope ID: 83585F08-E42E-450E-822B-CB4AAFC178E2
2 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 ourselves available, however the cost to attend will be in addition to the proposed fees indicated below.
Table 1. Project Fees
Task Description Hours Fee
1 Agreements 34 $7,140
2.1 NOIC: Waivers 12 $3,380
2.2 NOIC: Education/Outreach Plan 40 $8,610
2.3 NOIC: Procurement, Inspection,
Enforcement Plan 42 $8,880
Monthly Meetings 27 $6,930
TOTAL $34,940
DocuSign Envelope ID: 83585F08-E42E-450E-822B-CB4AAFC178E2