REPORT TO THE CITY COUNCIL FROM: BROCK D. BUCHE, PE, PLS, Director Department of Public Utilities BY: JESUS A. GONZALEZ, PE, Assistant Director Department of Public Utilities - Utilities Planning & Engineering PATRICIA DIEP, Supervising Engineering Technician Department of Public Utilities - Utilities Planning & Engineering SUBJECT ..Title Approve the Second Amendment to the consultant services agreement with SEAM Group, LLC, to extend the term of the contract to December 31, 2024, for the previously approved contract in the amount of $387,200, for the Occupational Safety and Health Administration Compliant Lockout-Tagout Program at the Fresno-Clovis Regional Wastewater Reclamation Facility (Council District 3). ..Body RECOMMENDATIONS Staff recommends City Council approve the Second Amendment to the consultant services agreement with SEAM Group, LLC (Consultant), to extend the Agreement term from August 30, 2023 to December 31, 2024, for the Occupational Safety and Health Administration (OSHA) Compliant Lockout-Tagout Program at the Fresno-Clovis Regional Wastewater Reclamation Facility (Wastewater Facility); and authorize the Director of Public Utilities, or designee, to sign the Second Amendment on behalf of the City of Fresno (City). EXECUTIVE SUMMARY On March 10, 2022, the City entered into an Agreement with the Consultant to develop an updated OSHA Compliant Lockout-Tagout Program for electrical and mechanical equipment at the Wastewater Facility. The Agreement is set to expire on August 30, 2023, however additional time is needed for the Consultant to perform a one-year audit of the OSHA Compliant Lockout-Tagout Program. BACKGROUND The Wastewater Management Division (WMD) is updating the existing lockout-tagout program based on changes to OSHA regulations, addition of new mechanical equipment, and modifications to existing equipment since its last implementation. The current equipment inventory for the Division exceeds 7,500 individual pieces. The current program underway is updating procedures for de-energizing equipment, thereby making them inoperable and allowing for necessary inspections, repairs, and/or replacements in a safe environment. Additionally, the program provides training for Wastewater Facility personnel to become self-sufficient in implementing the program for future equipment, and a one-year audit of the program to confirm that existing lockout/tagout procedures are still adequate and accurate. The program is necessary to meet OSHA regulations and safeguard the physical well-being of personnel. On March 10, 2022, the City entered into an Agreement with the Consultant to develop a Wastewater Facility lockout-tagout program for meeting OSHA regulations. The first amendment to the Agreement was executed on September 30, 2022, and expanded the scope of services to include additional customized lockout-tagout entry control procedures. The Second Amendment is required to extend the term of the Agreement from August 30, 2023, to December 31, 2024. The term extension is necessary to allow the Consultant to perform a one-year audit of the program. This increased duration will allow for Wastewater personnel to implement the program one year after which time the Consultant will return to the Wastewater Facility for performing an audit of the implementation and obtaining feedback on necessary revisions. Additional funds are not required. The City Attorney's Office has reviewed the Second Amendment and approved as to form. Upon approval by the City Council, the Second Agreement will be executed by the Director of Public Utilities, or his designee. ENVIRONMENTAL FINDINGS Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378, this is not a "project" for the purpose of CEQA. LOCAL PREFERENCE Local preference does not apply to this action because this is an amendment to an existing agreement. FISCAL IMPACT There is no impact to the General Fund. Funding for this Project was previously encumbered within the Wastewater Management Division's Fiscal Year 2023 Sewer Enterprise Fund. The Project is located in Council District 3. Attachments: Attachment 1 - Second Amendment to the Agreement Attachment 2 - First Amendment to the Agreement Attachment 3 - Consultant Services Agreement