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HomeMy WebLinkAboutItem 23 - Solid Waste Consulting Services — State Mandate Compliance Assistance Public Works Agency https://www.santa-ana.org/pw Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 15, 2021 TOPIC: Solid Waste Consultant Agreement Amendment – State Mandate Compliance Assistance AGENDA TITLE Approve an Amendment to the Agreement with EcoNomics, Inc. for Solid Waste Consultant Services to Modify the Scope of Work, Increase the Agreement Capacity in an Amount Not to Exceed $119,988, and Extend the Term up to Two Years (Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an amendment to the agreement with EcoNomics Inc. to extend the agreement for a one-year period to June 30, 2022 with an option for a one-year extension; expand the solid waste consulting services scope of work; increase the total compensation by $99,990, plus a 20 percent contingency of $19,998, for a total additional amount not to exceed $119,988, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency has worked with EcoNomics, Inc. since 2019 on a variety of State-compliance related processes such as the following: development of cost projections for an organics diversion program, municipal code updates related to CALGreen building standards compliance, and the development of enforcement mandates for new and existing State of California mandates. The Public Works Agency is in need of additional services in order to comply with state mandates and desires to amend the agreement (Exhibit 1) to expand EcoNomics, Inc.’s scope of work. Additional assistance is needed with the development of a citywide ordinance, expansion of the CALGreen compliance program, Santa Ana Municipal Code revisions, City/County Payment Program reporting, and assistance with the transition to a new solid waste agreement. The compensation and term will also be amended to allow sufficient time and contract capacity for the requested services. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. Solid Waste Consultant Services Agreement Amendment June 15, 2021 Page 2 1 7 8 4 FISCAL IMPACT The total amount of the requested amendment is $119,988. Funds are available for expenditure in FY 2021-22 and will be budgeted in subsequent years as follows: Fiscal Year Accounting Unit – Account # Fund Description Accounting Unit, Account Description Amount FY 21-22 06917640- 62300 Refuse Collection Service Refuse Collection Service, Contract Services-Professional $75,000 Optional 1-Year Extension FY 22-23 06917640- 62300 Refuse Collection Service Refuse Collection Service, Contract Services-Professional $44,988 Total Amendment:$119,988 EXHIBIT(S) 1. Amendment to Agreement with EcoNomics, Inc. Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager SECOND AMENDMENT TO AGREEMENT TO DEVELOP COST PROJECTIONS FOR AN ORGANICS DIVERSION PROGRAM THIS SECOND AMENDMENT to the above-referenced agreement is entered into on June 15, 2021, by and between EcoNomics, Inc. (“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. N-2019-080, dated April 1, 2018, by which Consultant agreed to develop cost projections for an organics diversion program compliant with state law (“Agreement”). The term of the Agreement ran through June 30, 2020. B. On June 16, 2020, 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, 2021. The Agreement is current and in effect. C. The parties now wish to further amend the Agreement to expand the scope of work, increase the amount to be expended under the Agreement, and extend the term of the Agreement. The Parties therefore agree: 1. Section 1, Scope of Services, is further amended to include the additional services that are described on Exhibit A to this Second Amendment. 2. Section 2.a, Compensation, is amended in its entirety to increase the total sum to be expended under the term of the Agreement, as amended, by $119,988 per the rates and fees attached here to as Exhibit A to the Second Amendment. The sum of this amount is comprised of (1) the base sum of $99,990; and (2) a 20% contingency of $19,998 for additional services provided at the City’s sole discretion. The total amount to be expended under the term of this Agreement, including any extension period, shall not exceed $209,952. 3. Section 3, Term, is amended in its entirety to increase the term through June 30, 2022, with the option for the parties to extend the term for an additional one (1) year period. 4. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. [signature page to follow] EXHIBIT 1 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA _______________________________ ______________________________ DAISY GOMEZ KRISTINE RIDGE Clerk of the Council City Manager APPROVED AS TO FORM CONSULTANT SONIA R. CARVALHO, City Attorney By:___________________________ _______________________________ BRANDON SALVATIERRA By: Deputy City Attorney Title: RECOMMENDED FOR APPROVAL ________________________________ Nabil Saba Executive Director, Public Works Agency EXHIBIT 1 EXHIBIT A EXHIBIT 1