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HomeMy WebLinkAboutItem 24 - Solid Waste Consulting Services Amendment: Contract Assistance and Waste Agreement Audit Public Works Agency www.santa-ana.org/public-works Item # 24 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 16, 2023 TOPIC: Solid Waste Consulting Services Agreement Amendment: On-Going Contract Assistance and Solid Waste Agreement Audit AGENDA TITLE Approve an Amendment to the Agreement with HF&H Consultants, LLC to Expand the Solid Waste Consultant Services Scope of Work, Increase the Agreement Amount by $234,000, and Exercise the One-Year Term Extension (Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute the fourth amendment to the agreement with HF&H Consultants, LLC to expand the solid waste consulting services scope of work, increase the total compensation by $195,000, plus a contingency of $39,000, for a total additional amount not to exceed $234,000, and exercise the one-year term extension expiring June 30, 2024, with an option to extend the term for one additional year, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION HF&H Consultants, LLC (HF&H) previously assisted the City in establishing the City’s “Green Policy” and goals, negotiated an extension of the solid waste services agreement, developed a draft solid waste services Request for Proposal (RFP) and agreement, evaluated proposals, prepared contracts, and provided certain contract transition services. The Public Works Agency (PWA) intends to amend the agreement to modify HF&H’s scope of work to include additional contract transition services such as monitoring of contract compliance and regulatory compliance, assistance with CalRecycle matters, and performance of solid waste services contract audit. The term and compensation will also be amended to allow sufficient time and contract capacity for the requested services (Exhibit 1). FISCAL IMPACT The total amount of the requested amendment is $234,000. As part of the City’s agreement with Republic Services, up to $95,000 of the audit expenditures are refundable to the City by Republic Services. Funding for FY 2023-24 will be included in the proposed budgets for City Council consideration: Solid Waste Consultant Services Agreement Amendment May 16, 2023 Page 2 3 4 2 7 Fiscal Year Accounting Unit – Account # Fund Description Accounting Unit, Account Description Amount 2023-24 06917640-62300 Refuse Collection Service Refuse Collection Service, Contract Services-Professional $234,000 EXHIBIT(S) 1. Fourth Amendment to Agreement with HF&H Consultants Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager 1 FOURTH AMENDMENT TO AGREEMENT FOR SOLID WASTE CONSULTING SERVICES THIS FOURTH AMENDMENT to the above-referenced agreement is entered into on May 16, 2023, by and between HF&H Consultants, LLC (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A.The parties entered into Agreement No. A-2018-134, dated May 15, 2018, by which Consultant agreed to provide solid waste consulting services (“Agreement”). B.On September 17, 2019, the Parties entered into a First Amendment to the Agreement to increase the scope of services, include additional compensation due to the increased services, and extend the term of the Agreement until June 30, 2022, with an option to extend the Agreement. C.On June 15, 2021, the Parties entered into a Second Amendment to the Agreement to increase the scope of services and add additional compensation due to the increased scope of services. D. On June 21, 2022, the Parties entered into a Third Amendment to the Agreement to expand the scope of services, and add additional compensation for those services. E. The parties now wish to further amend the Agreement to expand the scope of work, increase the amount to be expended, and extend the term. The Parties therefore agree: 1.Section 1, Scope of Services, shall be amended to include the additional services described and set forth in Exhibit A attached hereto, and incorporated herein by this reference. 2.Section 2.a, Compensation, shall be amended to increase the compensation by $195,000, plus a contingency of $39,000, for a total amou nt not to exceed $234,000, as described and set forth in Exhibit A, for the remainder of the term of this Agreement. 3.Section 3, Term, shall be amended to extend the term for an additional one year period from July 1, 2023 through June 30, 2024, with the option for the City to grant up to a one (1)-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15 of this Agreement. 4.Except as modified by this Fourth Amendment , all terms and conditions of the Agreement , as amended, shall remain in full force and effect. [Signatures on next page] EXHIBIT 1 2 IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA _______________________________ ______________________________ JENNIFER L. HALL KRISTINE RIDGE City Clerk City Manager APPROVED AS TO FORM CONSULTANT SONIA R. CARVALHO City Attorney By:___________________________ _______________________________ JOSE MONTOYA By: Assistant City Attorney Title: RECOMMENDED FOR APPROVAL ________________________________ NABIL SABA, P.E. Executive Director, Public Works Agency LAITH EZZET Senior Vice President Executive Project Manager Senior Associate Laith Ezzet Lindsey Lagos Karla Del Rosario 329$ 249$ 210$ 195$ 145$ 9A Attend Meetings 8 112 60 - 180 37,852$ 9B Monitor Contractor Compliance 12 80 24 - 116 25,428$ 9C Regulatory Compliance and Assistance with CalRecycle Matters 16 - 40 8 - 64 15,224$ 9D Assist the City with reviewing City calculation of Annual Rate Adjustment 2 4 8 - 14 3,334$ 9D Other tasks as directed by City Staff 8 4 37 28 8 85 18,018$ Subtotal 46 8 277 120 8 459 99,856$ 144$ 100,000$ 10A Review of background documents and submittal of data request 1 9 6 11 - 27 5,975$ 10B Completion of initial data analysis and virtual review of submitted data 10 62 65 90 - 227 49,928$ 10C Documentation of findings and submittal of draft report 12 35 40 43 - 130 29,448$ 10D Submittal of final report 8 10 10 8 5 41 9,507$ Subtotal 31 116 121 152 5 425 94,858$ 142$ 95,000$ Total Hours 77 124 398 272 13 884 Total Fees 25,333$ 30,876$ 83,580$ 53,040$ 1,885$ 194,714$ Total Expenses 286$ Subtotal Before Contingency 195,000$ Contingency (20%)39,000$ Total Fees & Expenses 234,000$ *Hours may be shifted among tasks and staff Admin Expenses Task 10 Fees & Expenses Expenses Task 8 Fees & Expenses Task 10: Compliance Audit HF&H Consultants, LLC City of Santa Ana Fee Estimate to Provide Ongoing Contract Monitoring Assistance & Compliance Audit Description Labor Task 9: Ongoing Contract Monitoring Assistance Hours Fees Associate Analyst April 12, 2022 Page 1 HF&H Consultants, LLC EXHIBIT A