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SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT (Amendment ) made and entered into as of this ____ day of ____________, 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
By:
Brock D. Buche, PE, PLS
Director of Public Utilities
APPROVED AS TO FORM:
RINA M. GONZALES
Interim 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: 5150A7D3-4EDD-475B-AF36-66530F66E037 Michelle Leonard
Senior Vice President
11/28/2022
11/28/2022
SVP/CFO
Curtis Jang
11/28/2022
Clerk Attesting
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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 f or 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 relat ed 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 ACTIO N 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 SB 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 assista nce 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 SB 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 SB 1383 Program Implementation
For this task SCS will provide technical assistance in the finalization and implementation of SB 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 SB 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 timefr ame 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 Description Hours Fee
1 Monthly Meetings 81 $18,762
2 SB 1383 Contracting 42 $10,216
3 NOIC & CAP Assistance 52 $12,486
4 On-Call SB 1383 Professional Services 100 $23,560
TOTAL $65,024
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DocuSign Envelope ID: 5150A7D3-4EDD-475B-AF36-66530F66E037