HomeMy WebLinkAboutAgreement A-23-226 Second Amendment to Agreement No.16-241.pdf 23-0259
Agreement No. 23-226
1 AMENDMENT NO. 2 TO SERVICE AGREEMENT
2 This Amendment No. 2 to Service Agreement ("Amendment No. 2") is dated May 23,
3 2023 and is between Tetra Tech BAS, a California corporation ("Contractor"), and the County of
4 Fresno, a political subdivision of the State of California ("County").
5 Recitals
6 A. On May 24, 2016, the County and the Contractor entered into Agreement for
7 Engineering Contractor Services, which is County agreement number 16-241 ("Agreement"),
8 under the terms of which the Contractor agreed to provide operation and maintenance of the
9 landfill gas collection and control system (LFGCCS) at the American Avenue Disposal Site
10 (AADS) in accordance with State and Federal requirements over a potential five-year term, with
11 a contract maximum of$843,570.00
12 B. On May 25, 2021, the County and the Contractor entered into First Amendment to
13 Agreement to extend the term and increase the maximum annual compensation for the
14 Contractor to provide additional necessary services relating to the implementation of necessary
15 modifications to the LFGCCS, both in preparation for and concurrently with the upcoming Phase
16 1 Waste Relocation Project at AADS, together with an attendant increase in related regulatory
17 and reporting requirements imposed by the State.
18 C. The County needs Contractor to provide additional necessary services relating to the
19 implementation of necessary modifications to the LFGCCS for the completion of the Phase 1
20 Waste Relocation Project at AADS and an attendant increase in related regulatory and reporting
21 requirements imposed by the State. It is in the best interest of the County to continue to retain
22 the services of the Contractor until the Phase I Waste Relocation Project has been completed,
23 at which time the County in its discretion, may terminate the Agreement and issue a Request for
24 Proposal or Request for Quotation based on operation and maintenance of the LFGCCS at the
25 American Avenue Disposal Site (GADS) in accordance with State and Federal requirements.
26 D. The County and the Contractor now desire to further amend the Agreement to further
27 extend the term and increase the maximum annual compensation for the Contractor to continue
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1 to provide the additional necessary services for the completion of Phase I Waste Relocation
2 Project.
3 The parties therefore agree as follows:
4 1. Section XXII, as previously amended, located at page 18, lines 12 through 19 of the
5 Agreement and Section 2, located at page 2, line 24 through page 3, line 2 of the First
6 Amendment is deleted in its entirety and replaced with the following:
7 "The term of this Agreement, which commenced on June 1, 2016, previously was
8 extended through and including May 31, 2023, is hereby further extended
9 through and including January 31, 2024, unless earlier terminated by County
10 pursuant to the provisions of Article XXIII ("TERMINATION") of the Agreement."
11 2. Article V ("COMPENSATION"), Section A, as previously amended, located at page 3,
12 line 26 through page 4, line 13 of the Agreement and Section 3, page 3, lines 3 through
13 8 of the First Amendment is deleted in its entirety and replaced with the following:
14 "Notwithstanding any other provision of this Agreement, the Total Fee for the
15 services required under Article III, over the entire seven year and 8-month term
16 of this Agreement as extended by this Amendment, shall not exceed
17 $4,067,549.00."
18 3. Article V, Section B ("Basic Fee"), Paragraph 1, as previously amended, located at page
19 4, lines 15 through 25, and Section 4, page 3, lines 9 through 25 of the First Amendment
20 is hereby amended, as of the effective date of this Agreement, to state as follows:
21 "Notwithstanding any other provision in this Agreement, the Basic Fee for the
22 Services required under Article III, Task 1, 2, 3 and 4 shall be computed at the
23 cost rates shown in Exhibit 2, attached to this Amendment and incorporated by
24 this reference as though fully set forth herein. Those rates as listed therein for
25 such Basic Fee services shall remain in effect from and after June 1, 2023,
26 through the entire remaining term of this Agreement, as extended by this
27 Amendment. Within the Total Fee limitation described in Article V, Section A of
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1 the Agreement as amended herein, the Maximum Basic Fee for the 8-month
2 term commencing on June 1, 2023 shall be as follows:
3 Task 1 Routine LFGCCS Operation, Monitoring and Maintenance $29,385.00
4 Task 2 Surface Emission Monitoring $59,268.00
5 Task 3 Annual Landfill Gas Flare Source Test (FST) N/A
6 Task 4 Report Preparation $3,826.00
7 Total Maximum 8-Month Basic Fee $92,479.00"
8 4. Article V, Section C ("Extra Services"), Paragraph 1, as previously amended, located at
9 page 5, lines 6 through 9 of the Agreement and Section 5, page 3, line 26 through page
10 4, line 6 of the First Amendment is hereby amended, as of the effective date of this
11 Agreement, to state as follows:
12 "A Maximum allocation of$3,250,454.00 to pay for authorized Extra Services
13 over the entire 7 year and 8-month term of this Agreement as extended by this
14 Amendment, is provided for herein by this Agreement. Payment of Extra Services
15 in excess of such maximum allocation is prohibited except upon a written
16 Amendment of this Agreement pursuant to the provisions of XVI hereof."
17 5. Attachment"A", as previously deleted in its entirety, to the Agreement and Exhibit "2"to
18 the First Amendment is hereby deleted in its entirely and replaced by the hourly labor
19 cost and equipment rental rates set forth on the attached "Exhibit 2" to this Amendment,
20 which rates shall be effective from and after June 1, 2023 through the entire remaining
21 term of this Agreement, as extended by this Amendment.
22 6. When both parties have signed this Amendment No. 2, the Agreement, the First
23 Amendment, and this Amendment No. 2 together constitute the Agreement.
24 7. The Contractor represents and warrants to the County that:
25 a. The Contractor is duly authorized and empowered to sign and perform its
26 obligations under this Amendment No. 2.
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1 b. The individual signing this Amendment No. 2 on behalf of the Contractor is duly
2 authorized to do so and his or her signature on this Amendment legally binds the
3 Contractor to the terms of this Amendment No. 2.
4 8. The parties agree that this Amendment No. 2 may be executed by electronic signature
5 as provided in this section.
6 a. An "electronic signature" means any symbol or process intended by an individual
7 signing this Amendment to represent their signature, including but not limited to (1)
8 a digital signature; (2) a faxed version of an original handwritten signature; or(3)
9 an electronically scanned and transmitted (for example by PDF document) version
10 of an original handwritten signature.
11 b. Each electronic signature affixed or attached to this Amendment (1) is deemed
12 equivalent to a valid original handwritten signature of the person signing this
13 Amendment for all purposes, including but not limited to evidentiary proof in any
14 administrative or judicial proceeding, and (2) has the same force and effect as the
15 valid original handwritten signature of that person.
16 C. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
17 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
18 Part 2, Title 2.5, beginning with section 1633.1).
19 d. Each party using a digital signature represents that it has undertaken and satisfied
20 the requirements of Government Code section 16.5, subdivision (a), paragraphs
21 (1) through (5), and agrees that each other party may rely upon that
22 representation.
23 e. This Amendment is not conditioned upon the parties conducting the transactions
24 under it by electronic means and either party may sign this Amendment with an
25 original handwritten signature.
26 9. This Amendment No. 2 may be signed in counterparts, each of which is an original, and
27 all of which together constitute this Amendment.
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1 10. The Agreement as previously amended and as amended by this Amendment No. 2 is
2 ratified and continued. All provisions of the Agreement as previously amended and not
3 amended by this Amendment No. 2 remain in full force and effect.
4 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No. 2 on the date stated in the introductory
2 clause.
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Tetra Tec BAS, Inc. COUNTY OF FRESNO
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6 ine M.Arbogast. Presi ent SCQi ro,OEMPM hairman of the Board of
Sis the County of Fresno
7 21700 Copley Dr, Suite 200
Diamond Bar, CA 91765 Attest:
8 Bernice E Seidel
Clerk of the Board of Supervisors
9 County of Fresno, State of California
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By:
11 Deputy
12 For accounting use only:
13 Org No.: 9026
Account No.: 7295
14 Fund No.: 0700
Subclass No.: 15000
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Exhibit 2
TETRA TECH SOLID WASTE WEST
SCHEDULE OF CHARGES
HOURLY HOURLY
PERSONNEL PERSONNEL
RATE RATE
Administrative Assistant $94 Project Clerk $83
CAD Operator/CAD Designer 1 $102 Project Coordinator $141
Chief Engineering Technician $163 Project Data Analyst $76
Chief of Survey Parties $188 Project Designer $188
Construction Equipment Operator $157 Project Manager $167
Construction Technician $138 Project Manager 1 $178
Construction Manager 1 $199 Project Manager 11 $205
Construction Manager 11 $216 Project Manager III/Client Manager 1 $215
Construction Supervisor $188 Project Manager IV/Client Manager II $226
Designer $156 Project Manager V $236
Division Engineer 1 $250 Project Office Services Clerk $94
Division Engineer II $262 Regulatory Compliance Manager $195
Drafter/Senior CAD Designer 1 $128 Regulatory Compliance Specialist 1 $154
Engineer $1 19 Regulatory Compliance Specialist 11 $169
Engineer 1 $131 Program Director $293
Engineer II $147 Senior CAD Operator/CAD Designer II $1 12
Engineer III $160 Senior Construction Manager $251
Engineer IV $174 Senior Designer/CAD Manager $170
Engineer V $187 Senior Drafter/Senior CAD Designer 11 $141
Engineer VI $204 Senior Engineer 1 $226
Engineer VI $214 Senior Engineer 11 $236
Engineering Technician/Engineer Technician $56 Senior Environmental Scientist $201
Engineering Technician I/Technician 1 $85 Senior Environmental Specialist $177
Engineering Technician 11/Technician II $100 Senior Planner $180
Engineering Technician III/Sr Technician 1 $1 10 Senior Principal $323
Engineering Technician IV/Sr Technician 11 $131 Senior Project Coordinator $161
Engineering Technician V/Sr Technician III $144 Senior Project Designer $205
Environmental Specialist/Scientist $105 Senior Project Manager/Client Manager III $247
Environmental Specialist/Scientist 1 $1 17 Senior Regulatory Compliance Specialist $186
Environmental Specialist/Scientist 11 $128 Principal Geologist $277
Environmental Specialist/Scientist 111 $146 Project Geologist $160
Environmental Specialist/Scientist IV $160 Project Geologist 1 $177
Environmental Specialist/Scientist V $169 Project Geologist 11 $188
Landscape Architect 1 $169 Senior Geologist 1 $197
Landscape Architect I I $205 Senior Geologist II $210
Pipe Fusion Technician $148 Senior Geologist 111 $219
Planner $108 Soils/Asphalt/Field Technician $110
Planner 1 $129 Soils/Asphalt/Field Technician-Prevailing Wage $129
Planner 11 $146 Staff Geologist 1 $130
Planning Manager $169 Staff Geologist II $142
Principal $308 Staff Geologist 111 $153
Principal Construction Services $288 Supervising Geologist $250
Principal Engineer $286 1-Man Survey Party with GPS $227
Principal Solid Waste Planner $272 2-Man Survey Party $336
Project Advisor $186-$371
Rates are Effective June 1,1023-January 31,2024. Court Appearance(Expert Witness,Deposition)and Overtime Premium is 150%of Personnel Hourly Rate. *Rate
for Project Advisor to be based on specialized staff required
IN-HOUSE EXPENSES(or 5%of Total Personnel Fees) OTHER EXPENSES
Xerox Copies $0.10/page Company and Survey Vehicles $17/hour
Color Copies $0.50/page Other Out-of-Pocket Expenses/Supplies/Travel Cost+ 10%
Wide Format Copies $0.30/sq.ft. Equipment Usage See Attached
Bond Plotting--Black&White $2/sq.ft. Consultants/Outside Services Cost+ 10%
Bond(Color),Vellum,Mylar $4/sq.ft. Construction Services Cost+ 10%
Personal Vehicle $0.60/mile Per Diem for Living Expenses Federal Rates
Company Vehicle $0.70/mile GPS Survey Equipment Services $200/week
Outside services performed by others and direct expenses incurred on the Clients behalf are charged an administrative fee of ten percent(10%)to cover the cost to provide for
administration,sub-consultant contract coordination and insurance. Fee to be added to the direct cost of all consultants,vendors,materials,equipment suppliers,other direct costs,
and any other outside services.
American Avenue Disposal Site-LFG OMM Non-Routine Rate Sheet Page 1 of 3
Exhibit 2
TETRA TECH
EQUIPMENT RENTAL RATES (I OF 2)
Rates are Effective June I,2023-January 31,2024
4 Gas Range Meter CH4,H2S,CO,02 $80 $212 $530
Alpha- I Personal Sampling Pump $80 $212 $530
Disposable Bailer $21/each N/A N/A
CO2 Calorimetric Analysis Tubes $42 $133 $265
Downhole Camera $80/hour N/A N/A
Dupont Dosimeter Mark-3(Personal Sample Pump) $53 $159 $318
Flow Calibrator $53 $159 $318
Gas Extraction Monitor(GEM 2000/GEM 5000) $133 $371 $954
Lung Sampler $106 $318 $848
Mini-Ram Data Logger $42 $133 $265
Mini-Ram Dust Meter $53 $159 $318
Organic Vapor Analyzer $133 $424 $1,060
Photo Ionization Detector $133 $424 $1,060
Sample Train(Gas Extraction Pump) $53 $159 $318
Soil Auger/Sampler $32 $95 $191
Sounder(Liquid Level Indicator) $42 $133 $265
Horiba Meter $53 $212 $424
MiniRAE 2000/MiniRAE 3000 $80 $212 $530
GT Surveyor $80 $212 $530
Groundwater Sampling Equipment $32/hour N/A N/A
Company Vehicle $136 $544 $1,632
Field Sampling Supplies: $106/day N/A N/A
LEVEL C(Per Person) $159 N/A N/A
Respirator with Cartridge(Full or Half Faced) _ _
Tyvek Coveralls,Outer Gloves,Glove Liners,Neoprene Boots
Sand Cone or Nuclear Density Gauge $14/hour N/A N/A
Hand Auger and Soil Sampling Equipment $70 N/A N/A
BAT Permeameter $250 N/A N/A
Double Ring Infiltrometer $250 N/A N/A
Inclinometer Data Collection System $424 N/A N/A
Infiltration test flowmeter $130 per day-test N/A N/A
Floor Level Manomenter $80 N/A N/A
Moisture Vapor Emission Test Kit(Material Only) $42/kit N/A N/A
Field Inspection Kit(Camera,Recorder,GPS) $37 N/A N/A
American Avenue Disposal Site-LFG OMM Non-Routine Rate Sheet Page 2 of 3
Exhibit 2
TETRA TECH
EQUIPMENT RENTAL RATES (2 OF 2)
Rates are Effective June I,2023-January 31,2024
Backhoe(60 HP or Less) $833 $2,706 $7,628
Bulldozer(with Slope Board) $1,872 $7,347 $23,516
Dump Truck(5 CY) $557 $2,070 $5,708
Dump Truck(10 CY) $938 $3,338 $6,683
Electrofusion Processor Box,Requires Rental Generator $195 $778 $2,335
Excavator(40K) $1,276 $4,909 $14,963
Extrusion Welding Gun,Requires Rental Generator $389 $1,556 $4,669
Forklift(Reach Fork 6000) $663 $2,172 $6,244
Forklift(Reach Fork 8000) $750 $2,279 $6,358
Fushion Machine(I"to 4"),Requires Rental Generator $130 $519 $1,556
Fushion Machine(2"to 6"),Requires Rental Generator $195 $741 $2,335
Fushion Machine(2"to 8"),Requires Rental Generator $227 $908 $2,724
Fushion Machine(4"to 12") $460 $1,869 $5,748
Fushion Machine(6"to 18") $532 $2,157 $6,612
Fushion Machine(12"to 36",T-900) $1,496 $6,040 $18,404
Generator(6.5-9.5 KW) $190 $790 $2,513
Manlift(40 ft) $466 $1,312 $3,577
Pipe Cutter Threader $235 $940 $1,880
Pneumatic Post Driver $88 $216 $558
Sidewinder Tool with Heater,Requires Rental Generator $389 $1,556 $4,669
Squeeze Tool(2"),Manual $65 $195 $584
Squeeze Tool(4"),Manual $150 $454 $960
Squeeze Tool(6"to 8"),Manual $162 $506 $1,140
Squeeze Tool(8"),Hydraulic $649 $2,594 $7,782
Towable Compressor $289 $870 $2,579
Utility Truck(I Ton or Less) $140 $560 $1,681
Water Trailer $177 $580 $1,756
Water Truck(2,000 Gallon) $634 $2,054 $5,91 1
Water Truck(4,000 Gallon) $819 $3,467 $8,981
Wheel Loader(3 to 4 CY) $1,109 $4,134 $12,981
• : • . • : • •
Bulldozer(with Slope Board) $1,356
Fushion Machine(12"to 36",T-900) $678
All Other Tetra Tech Owned Equipment $305
Notes:
1.Daily Rates are based on an 8-hour working day.
2.Weekly Rates are based on five(5)working days.
3.Heavy equipment rates do not include an Equipment Operator.
4.Equipment rates do not include mobilization/demobilization charges. Rental equipment delivery will be billed as T&M plus 10%markup.
5.Equipment rates do not include fuel.Fuel will be billed as T&M plus 10%markup.
American Avenue Disposal Site-LFG OMM Non-Routine Rate Sheet Page 3 of 3
Signature: �4�
Email: jwilliams@bas.com