1 AMENDMENT NO. 1 TO THE
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE
CITY OF MANTECA AND CAROLLO ENGINEERS, INC.
This Amendment No. 1 (“Amendment”) to Agreement C2024-120 (“Agreement”) between the City of Manteca and Carollo Engineers, Inc. is made and entered into this ___ day of ___________, 20__, by and between Carollo Engineers, Inc., a Delaware corporation (“Consultant”) and the City of Manteca, a municipal corporation (“City”).
RECITALS
A. On August 6, 2024, the City of Manteca entered into an Agreement with Consultant to provide professional services for the WQCF Ammonia Sidestream Treatment Project and Ultra-Violet Disinfection System Rehabilitation Project CIP No. 25004 & 25005.
B. City now desires to amend the Agreement in order to expand the scope of services to be undertaken by the Consultant.
C. Consultant represents that it has the necessary professional skills and experience to satisfactorily provide consulting services in a timely manner.
D. City desires to engage Consultant for the purposes of completing the scope of services identified.
NOW, THEREFORE, the parties hereby agree as follows:
1. Statement of Work. Attachment 1 to the Agreement is hereby amended by adding the tasks set forth in Attachment 1 to this Amendment, attached hereto and incorporated herein by reference, “Statement of Work and Activities #2”.
2. Paragraph 4 of the Agreement is hereby amended to read as follows:
“4. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Attachment 1, which is incorporated herein by reference. In addition to the Compensation for the Agreement, compensation for Amendment No. 1 services shall in no event exceed Five Hundred Seventy Nine Thousand Four Hundred Twenty Two Dollars ($579,422) without additional authorization from the City. In no event shall total compensation for work performed pursuant to this Agreement and Amendment No. 1 exceed One Million One Hundred Ninety Four Thousand Seven Hundred Forty Four Dollars ($1,194,744) without additional authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.” ATTACHMENT 2
2 3. Except as otherwise provided in this Amendment, the Agreement shall continue in full force and effect.
THIS SPACE INTENTIONALLY LEFT BLANK
ATTACHMENT 2
3 TO EFFECTUATE THIS AMENDMENT, each of the parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth in the introductory paragraph on page 1 above.
CITY OF MANTECA: CONSULTANT:
_________________________________ ___________________________________ Toni Lundgren (Type name of Consultant/form of organization)* City Manager
ATTEST: By: ___________________________________
(Signature)
_________________________________ ___________________________________ Cassandra Candini-Tilton, (Type name and title)
Director of Legislative Services
COUNTERSIGNED: By: ___________________________________
(Signature)
_________________________________ ___________________________________ Shay Narayan (Type name and title)
Director of Finance
COUNTERSIGNED: Address: ____________________________
_________________________________ ____________________________ Stephanie Van Steyn,
Director of Human Resources Telephone: ____________________________ APPROVED AS TO FORM:
L. David Nefouse, City Attorney
By:_________________________________
Daniella Green, Assistant City Attorney
Ryan Sellman, Vice President 2880 Gateway Oaks Dr. #300 Sacramento, CA 95833 916-565-4888 Anne E. Prudhel, Executive Vice President
ATTACHMENT 2
4 ATTACHMENT 1
STATEMENT OF WORK AND ACTIVITIES #2
ATTACHMENT 2
Scope of Services – City of Manteca WQCF UV Modifications and Sidestream Treatment Project Owner Advisory Services for Progressive Design-Build Project Delivery
The following scope of services and associated labor hours and fee estimates should be considered preliminary as you may wish to add, remove, or refine tasks listed in the scope. We look forward to working with you to refine the scope and fee estimate where appropriate to meet your project needs and budget expectations.
TASK 1 – Project Management and Administration
1.1 Project Management
Consultant shall perform project management necessary to plan, execute, monitor, and report the project’s progress to the City for Tasks 1 through 3 over an estimated 5-month procurement period.
Consultant shall prepare a monthly progress letter report for attachment to the monthly invoice to track and report status of budget expenditures and key work products completed during the billing period.
Consultant will coordinate and attend a project kick-off meeting. Agenda and minutes for the meeting will be provided.
Consultant Deliverables for Task 1:
• Progress letter report with each invoice.
• Kickoff Meeting Agenda and Minutes
TASK 2 – Procurement Assistance
2.1 Request for Qualifications (RFQ) Process
2.1.1 Develop Draft RFQ Document
Consultant will prepare a draft RFQ document that contains a project description, key success factors, project schedule, preliminary responsibility and risk matrix, preliminary permitting information, minimum technical requirements, minimum financial requirements, Statement of Qualification (SOQ) submittal requirements, SOQ evaluation and short-listing procedures, and other information as necessary in order to facilitate the preparation of thorough SOQ responses by the DB teams. The draft RFQ document will be distributed to City staff for review and comment.
2.1.2 Facilitate RFQ Development Workshop
Consultant will facilitate one four-hour workshop attended by City staff (and other project stakeholders as required) to review and discuss the draft RFQ document.
2.1.3 Develop Final RFQ Document
Consultant will incorporate comments and necessary revisions on the draft RFQ into a final RFQ document, and facilitate City advertising, posting and distribution as necessary.
ATTACHMENT 2
2.1.4 RFQ Response Oversight
Consultant will respond to questions and provide information as requested by DB teams during the Statement of Qualifications (SOQ) preparation period. If necessary, Consultant will prepare and issue addenda to the RFQ.
2.1.5 Evaluate Statements of Qualifications (SOQ)
Consultant will support the City's evaluation of SOQs in accordance with the requirements of the RFQ. Consultant will confirm if the submittals are responsive and meeting the minimum requirements of the RFQ. It is assumed that there will be a maximum of six (6) SOQ’s that will need to be reviewed.
2.1.6 Facilitate SOQ Evaluation Workshop
Consultant will facilitate one four-hour workshop to discuss the findings of the City's evaluation of the SOQ submittals. Consultant will facilitate the "short-listing" of those DB teams that will invited to continue in the procurement process.
2.1.7 Prepare SOQ Evaluation Summary Report
Consultant will prepare a report summarizing the activities and findings of the SOQ evaluation process described under 2.1.5 and 2.1.6 above.
2.2 – Request for Proposals (RFP) Process
2.2.1 Develop Draft RFP “Front End” (Vol.1)
Consultant will develop a draft version of the RFP "Front End' (Volume 1 of 3) that will include the DB team scope of work, permitting responsibilities, background technical information (e.g. survey and geotechnical report information as available), proposal submittal requirements, weighted evaluation criteria and selection process, proposal forms, City rights and responsibilities, protest procedures, and other components as required and identified.
2.2.2 Support Draft DB Contract Development (Vol. 2)
Consultant will support City's external legal counsel in the development of a draft DB contract (Volume 2 of 3) for inclusion in the draft RFP.
2.2.3 Develop Draft RFP Technical Appendices (Vol. 3)
Consultant will develop technical appendices (Volume 3 of 3) for inclusion in the draft RFP.
Volume 3 will contain project technical requirements, preliminary design report, and other documentation including design requirements, technical design and construction standards referenced by the DB contract and prepared by Consultant and the DB team’s design engineer through collaborative development of the design.
2.2.4 Distribute Draft RFP for Internal and External Comment/Facilitate Draft RFP Workshop Consultant will distribute draft RFP (Volumes 1, 2, and 3) for review and comment by City staff, stakeholders (as identified by City), and the short-listed DB teams. Consultant will facilitate one eight-hour workshop to discuss comments and suggested revisions.
2.2.5 Finalize RFP Document
Consultant will incorporate revisions to the draft RFP document based on the findings of 2.2.4 and prepare final RFP document.
ATTACHMENT 2
2.2.6 Issue RFP to Shortlisted Design-Build (DB) Teams
Consultant will support City in the formal issuance of the final RFP to the short-listed DB teams.
2.2.7 Proposal Development Oversight
Consultant will provide oversight support to City and DB teams during the proposal development period, including facilitation of a pre-proposal meeting, responses to questions and requests for information from DB teams, and the issuance of addenda to the RFP, if necessary.
Consultant Deliverables for Task 2.1 and 2.2:
• Draft RFQ Document
• Final RFQ Document
• Responses to DB team questions via email or in PDF format. • Addenda in PDF format.
• SOQ Evaluation Summary Report
• Draft RFP “Front End”
• Draft RFP Technical Appendices
• Final RFP Document
• Responses to DB team questions via email or in PDF format. • Addenda in PDF format.
2.3 – Proposal Evaluation
It is assumed that after the RFQ, process 3 DB teams will be shortlisted and invited to propose on the project. For this task it is assumed there will be a maximum of 3 proposals.
2.3.1 - Conduct Proposal Completeness Check
Consultant will conduct a completeness check (responsiveness) of DB teams' proposal submittals to confirm all information requested in the RFP has been provided and in the proper format. At the City's discretion, Consultant will prepare formal requests to DB teams as necessary to acquire missing information.
2.3.2 - Issue Requests for Information
At the City's discretion and as necessary, Consultant will prepare and issue requests for information to DB teams in order to gain clarification of proposals that were submitted.
2.3.3 - Evaluate Proposal Submittals
Consultant will support City's evaluation committee in the technical, financial, and contractual evaluation of proposal submittals in accordance with the requirements of the RFP. Upon request by City, Consultant will facilitate and/or attend interview presentations by DB teams.
2.3.4 - Facilitate Proposal Evaluation Workshop
Consultant will facilitate two eight-hour proposal evaluation workshop to discuss preliminary findings of the proposal evaluation process.
ATTACHMENT 2
2.3.5 - Finalize Proposal Evaluation / Rank Proposals
As a component of 2.3.4 above, Consultant will facilitate the finalization of the proposal evaluation process and the ranking of proposal submittals in accordance with the directives of the RFP.
TASK 3 - DB CONTRACT NEGOTIATIONS
Consultant will support City's external counsel in the negotiation of the DB contract with the highestranked DB team. (Level of effort limited to proposed budget hours.) TASK 4 – OWNER’S ADVISOR AND DESIGN REVIEW DURING DESIGN (Not included in this scope/fee)
Consultant will coordinate with Design-Build team through final design. Coordination includes project management through design, attending meetings, intermediate design reviews, responding to RFIs, review of pay applications, and coordination between City staff and the DB team. Approximate cost for this task is $800,000.
4.1 – Project Management
Consultant will review budget status, provide supervision of project activities, and review deliverables.
Consultant will administer and coordinate issues between DB team and City, will provide the appropriate engineer to assist, assign due dates, and monitor status, and maintain overview through the project.
4.2 – Design/Construction Meetings
Consultant will attend design meetings as scheduled by the DB team, weekly construction meetings, conference calls, and other meetings as needed throughout the duration of the project to coordinate all project activities, act as the City Representative, and report back any pertinent information to the City.
4.3 – Design Review Services
Consultant will review design submittals from the DB Entity. This will include a 30%, 60%, and 90% submittal review of the entire project. Comments will be coordinated with the City and the provided to the DB Entity. Consultant will work closely with City staff to coordinate comments and then work with the DB Entity to address comments.
4.4 – Submittal/RFI Review Services
Consultant will provide review and responses of required submittals and Request for Information (RFI) from the DB Entity.
4.5 Cost Estimate and Schedule Review
Consultant will provide and coordinate the review, evaluation and validation of the cost estimates prepared by Design-Builder at each design milestone (Basis of Design, 30% and 60% (anticipated design level for Guaranteed Maximum Price (GMP) provided by DB team)). Consultant will provide value engineering to assist Owner and Design-Builder in achieving the project objectives/goals within the project budget. If determined necessary, Consultant will develop or coordinate the development of an independent cost estimate to use as a basis to reviewing the costs submitted by Design-Builder.
Consultant will review the Design-Builder’s critical path method (CPM) schedule, schedule of submittals, schedule of values, and cash flow curves and consult with Owner as necessary concerning acceptability.
ATTACHMENT 2
Consultant will coordinate with Design-Builder and Owner to identify the benefit and feasibility of early work packages to support schedule and other project objectives.
4.6 GMP Negotiations and Amendment Support
The purpose of this subtask is to assist the Owner in the review and negotiation of the GMP amendment including the contract terms and pricing. Consultant will support Owner and Owner’s Legal Consultant in preparing/finalizing GMP Amendment documentation and develop final contract exhibits to be included in the GMP Amendment. Consultant will review the GMP Proposal submitted by the Design-Builder to confirm compliance with the PDB Contract GMP Proposal submittal requirements and will notify the Owner of any deficiencies, and coordinate with the Owner and Design-Builder to revise the GMP Proposal for acceptance by the Owner. Consultant will coordinate with the Owner’s Legal Consultant as needed to amend the PDB Contract.
As requested by the Owner, the Consultant will support the preparation of draft and final documentation for Board approval of the GMP Amendment.
TASK 5 – CONSTRUCTION MANAGEMENT OVERSIGHT (Not included in this scope/fee) Consultant will provide CM oversight of the DB team during construction. Work includes confirming the DB team is performing their QA/QC checks, reviewing pay applications, coordination with City staff, review of submittals and RFIs, and reviewing schedule. Approximate cost for this task is $1,300,000
5.1 – Construction Management/Inspection Services
Consultant will provide a Construction Manager/Inspector to provide onsite services. This includes coordinating all DB activities with City staff. CM will be responsible for approving pay applications, confirming all permits and funding requirements are met, daily inspection of construction site to confirm DB staff is onsite and construction is in accordance with RFP, Proposal, and Final Design, issue any noncompliance memos, keep City up to date on construction activities, be onsite representative to coordinate communication between City/Consultant and DB team.
5.2 – Testing Services
Consultant will direct and oversee activities related to Consultant’s material testing subconsultant. The purpose of this task is to do periodic checks on the DB team, as well as have a material testing subconsultant staff if there are issues during construction.
Budget and Schedule:
Table 1 presents the labor and budget estimates for this project. Consultant shall complete the project based on the following schedule:
• Task 2 – 8 months from Notice to Proceed.
• Task 3 – 9 months from Notice to Proceed.
• Task 4&5 – Not in Current Scope/Fee
Assumptions:
The following assumptions were used in developing the Scope of Services:
• Consultant shall perform the services required hereunder in accordance with the prevailing standard of care by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of California.
ATTACHMENT 2
• City will be responsible for managing the advertisement, distribution of RFQ and RFP documents and addenda to potential bidders.
• City will require a maximum of fourteen calendar days to review the draft RFQ and RFP documents and provide one collated set of review comments for each deliverable submittal to the Consultant.
• Engineering services during construction for this project are not included in this Scope of Services. Typical tasks and level of effort are noted above. Actual scope and fee would be determined when services are needed and can be provided by the Consultant as an amendment to this Agreement.
• Construction management and inspection services for this project are not included in this Scope of Services. Typical tasks and level of effort are noted above. Actual scope and fee would be determined when services are needed and can be provided by the Consultant as an amendment to this Agreement.
• Consultant is not responsible for damage or delay in performance caused by events beyond the reasonable control of Consultant. In the event Consultant's services are suspended, delayed or interrupted for the convenience of City or delays occur beyond the reasonable control of Consultant, an equitable adjustment in Consultant's time of performance and cost of Consultant's personnel and subcontractors may be made.
• City shall furnish Consultant available studies, reports and other data pertinent to Consultant's services; obtain or authorize Consultant to obtain or provide additional reports and data as required; furnish to Consultant services of others required for the performance of Consultant's services hereunder, and Consultant shall be entitled to use and reasonably rely upon all such information and services provided by City or others in performing Consultant's services hereunder.
• In providing opinions of cost, financial analyses, economic feasibility projections, schedules, and quantity and/or quality estimates for potential projects, Consultant has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; the incoming water quality and/or quantity; the way City’s plant(s) and/or associated processes are operated and/or maintained; and other economic and operational factors that may materially affect the ultimate project elements, including, but not limited to, cost or schedule. Therefore, Consultant makes no warranty that City’s actual project costs, financial aspects, economic feasibility, schedules, and/or quantities or quality realized will not vary from Consultant’s opinions, analyses, projections, or estimates. • The services to be performed by Consultant are intended solely for the benefit of City. No person or entity not a signatory to the Agreement shall be entitled to rely on Consultant's performance of its services hereunder, and no right to assert a claim against Consultant by assignment of indemnity rights or otherwise shall accrue to a third party as a result of the Agreement or the performance of Consultant's services hereunder.
ATTACHMENT 2
Total
E&IC
Beecher PECE Travel
$364 $364 $361 $282 $265 $226 $245 $179 $157 Hours Fee Fee Fee Fee $16.00 Fee Fee Fee 1 Project Management 2 24 6 22 6 4 0 0 0 64 $ 20,328 $ - $ - $ - $ 1,024 $ 492 $ 1,516 $ 21,844
1.1 Project Management 2 24 6 22 6 4 0 0 0 64 $ 20,328 $ 1,024 $ 492 $ 1,516 $ 21,844 2 Procurement Assistance 52 260 120 558 358 84 0 0 174 1,606 $ 455,416 $ 12,144 $ 1,214 $ 13,358 $ 25,696 $ 3,280 $ 28,976 $ 497,750
2.1 RFQ Process
2.1.1 Develop Draft RFQ Document 16 8 8 40 40 0 0 0 8 120 $ 34,760 $ 1,920 $ 1,920 $ 36,680
2.1.2 Facilitate RFQ Development Workshop 4 6 0 12 0 0 0 0 0 22 $ 7,024 $ 352 $ 820 $ 1,172 $ 8,196
2.1.3 Develop Final RFQ Document 2 4 0 16 8 0 0 0 12 42 $ 10,700 $ 672 $ 672 $ 11,372
2.1.4 RFQ Response Oversight 2 4 0 8 0 0 0 0 0 14 $ 4,440 $ 224 $ 224 $ 4,664 2.1.5 Evaluate Statement of Qualifications 2 16 8 40 40 0 0 0 0 106 $ 31,320 $ 1,696 $ 1,696 $ 33,016
2.1.6 Facilitate SOQ Evaluation Workshop 4 6 12 12 6 0 0 0 2 42 $ 13,260 $ 672 $ 820 $ 1,492 $ 14,752 2.1.7 Prepare SOQ Evaluation Summary Report 2 4 0 12 0 0 0 0 8 26 $ 6,824 $ 416 $ 416 $ 7,240
2.2 RFP Process
2.2.1 Develop Draft RFP "Front End" 4 20 0 60 60 24 0 0 80 248 $ 59,540 $ - $ - $ 3,968 $ 3,968 $ 63,508 2.2.2 Support Draft DB Contract Development 0 60 0 40 0 0 0 0 0 100 $ 33,120 $ - $ - $ 1,600 $ 1,600 $ 34,720
2.2.3 Develop Draft RFP Technical Appendices 0 40 20 40 40 40 0 0 20 200 $ 55,840 $ 6,072 $ 607 $ 6,679 $ 3,200 $ 3,200 $ 65,719
2.2.4 Distribute Draft RFP for Internal and External Comment/Facilitate Draft RFP Workshop 0 4 0 8 0 0 0 0 16 28 $ 6,224 $ - $ - $ 448 $ 820 $ 1,268 $ 7,492
2.2.5 Finalize RFP Document 4 20 16 50 40 0 0 0 12 142 $ 41,096 $ - $ - $ 2,272 $ 2,272 $ 43,368
2.2.6 Issue RFP to Shortlisted DB Teams 0 4 0 8 0 0 0 0 0 12 $ 3,712 $ - $ - $ 192 $ 192 $ 3,904
2.2.7 Proposal Development Oversight 0 8 0 40 0 0 0 0 0 48 $ 14,192 $ - $ - $ 768 $ 768 $ 14,960
2.3 Proposal Evaluation
2.3.1 Conduct Proposal Completeness Check 0 8 0 16 16 0 0 0 0 40 $ 11,664 $ - $ - $ 640 $ 640 $ 12,304
2.3.2 Issue Requests for Information 0 4 16 16 0 0 0 0 36 $ 10,208 $ - $ - $ 576 $ 576 $ 10,784
2.3.3 Evaluate Proposal Submittals 0 24 24 80 60 20 0 0 0 208 $ 60,380 $ 6,072 $ 607 $ 6,679 $ 3,328 $ 3,328 $ 70,387
2.3.4 Facilitate Proposal Evaluation Workshop 8 16 32 48 24 0 0 0 16 144 $ 42,696 $ - $ - $ 2,304 $ 820 $ 3,124 $ 45,820
2.3.5 Finalize Proposal Evaluation / Rank Proposals 4 4 12 8 0 0 0 0 28 $ 8,416 $ - $ - $ 448 $ 448 $ 8,864 3 DB Contract Negotiations 0 80 40 20 20 0 0 0 16 176 $ 57,012 $ - $ - $ - $ 2,816 $ - $ 2,816 $ 59,828 Total 54 364 166 600 384 88 0 0 190 1,846 $ 532,756 $ 12,144 $ 1,214 $ 13,358 $ 29,536 $ 3,772 $ 33,308 $ 579,422 Task Description
Other Direct
Costs Total Total Fee
Carollo Labor
Total Labor Carollo
Costs Designer Document Processing Senior Professional
Table 1 - Carollo Fee Estimate
City of Manteca WQCF UV and Sidestream Progressive DB OA Services Tasks ODCs
Subtask 10% Markup Total
#
Total
Hours Principal Project Manager Supervising Professional Professional Staff Professional Supervising Designer Task #
ATTACHMENT 2