FIFTH AMENDMENT TO AGREEMENT FOR
PROFESSIONAL SERVICES
(Design Professional)
THIS FIFTH AMENDMENT TO AGREEMENT is made and entered into this 15cHday of JuNE → 2020, by and between the City of Merced, a California Charter Municipal Corporation ("City"), and Stantec Consulting Services, Inc., a New York Corporation, whose address of record is 200, 10160 - 112 Street, Edmonton AB, Canada TSK 2L6, ("Consultant").
WHEREAS, City is undertaking a project to prepare a Sewer Master Plan for the City of Merced ("Project"); and
WHEREAS, City and Consultant have previously entered into an Agreement for Professional Services ("Agreement") dated April 1, 2013, a First Amendment to said Agreement dated June 16, 2014, a Second Amendment to said Agreement dated April 20, 2015, a Third Amendment to said Agreement dated April 17, 2017, and a Fourth Amendment to said Agreement dated September 4, 2018; and WHEREAS, City and Consultant desire to amend said Agreement to provide for additional services in connection with said project.
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants hereinafter recited, agree as follows:
1. Section 29, "ADDITIONAL SCOPE OF SERVICES," is hereby added to the Agreement to read as follows:
"29. ADDITIONAL SCOPE OF SERVICES. The
Scope of Services is amended in accordance with the
changes outlined in Exhibit 1 attached hereto."
2. Section 30, "ADDITIONAL COMPENSATION," is hereby added to the Agreement to read as follows:
"30. ADDITIONAL COMPENSATION. The City shall
pay to Consultant the not to exceed additional sum of
Sixty-One Thousand Five Hundred Dollars ($61,500.00)
for the additional services described in Exhibit 1 and in X: \Agreements Public Works|202015th Amendment to Stantec Re Sewer Master Pian.docx accordance with the fee schedule set forth on Exhibit 1, attached hereto."
3. Except as herein amended, the Agreement dated April 1, 2013, First Amendment dated June 16, 2016, Second Amendment dated April 20, 2015, Third Amendment dated April 17, 2017, and Fourth Amendment dated September 4, 2018, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Fifth Amendment to Agreement to be executed on the date first above written.
CITY OF MERCED
A California Charter Municipal
Corporation
BY:
City Manager
ATTEST:
STEVE CARRIGAN, CITY CLERK
BY:/
Vssistart/Deputy City Clerk
CITY
APPROVED AS TO FORM:
BY:
City Attorney Date
213469 PC#10909
ACCOUNT DATA:
Verted by Finance Opteer D-14 324
Flincis avilable 1z 20117120 FL 4118120
553-1107-532-17-20 113051
X: \Agreements\Public Works\2020\5th Amendment to Stantec Re Sewer Master Plan.docx # 101,520.00 2
CONSULTANT
STANTEC CONSULTING SERVICES,
INC., A New York Corporation
Davil Pri
BY:
(Signature)
David Price
(Typed Name)
Its: Senior Principal
(Title)
BY:
(Signature)
Stevin L. Beck
(Typed Name)
Its: Senior Principal
(Title)
Taxpayer I.D. No._68-0309852
ADDRESS: 3875 Atherton Road
Rocklin, CA 95765
TELEPHONE: (916) 773-8100
FAX: (916) 773-8448
E-MAIL: [email protected]
X: Agreements\Public Works\2020\5th Amendment to Stantec Re Sewer Master Plan.docx 3 City of Merced
Sewer Master Plan Project Update
Scope of Services
Amendment No. 5
In April of 2013, the City of Merced (City) authorized Stantec Consulting Services, Inc. (Stantec) with an Agreement for Professional Services (Agreement) to prepare an update to the City's 2007 Draft Sewer Master Plan. The scope of this effort is defined in the Agreement and Amendments Number (No.) 1, No. 2, No.3 and No. 4, authorized subsequently and includes the following major tasks:
Tack. Name
1) Update New Land Use Assumptions (2030 Vision General Plan) and Wastewater Flows Complete
2) Assess Available Capacity in Sewers Complete
3) Determine Sewer System Needs at General Plan Buildout Complete 4) Develop Interim Service Plan Complete
5) Develop Sewer Repair and Replacement Program Complete 6) Develop Industrial Waste Acceptance Decision Matrix Complete 7) Project Meetings Complete
8) Prepare Draft and Final Master Plan Report Complete
9) Project Management and Administration In Progress
10) Coordination and review of satellite pretreatment facilities engineering evaluation Complete
11) Evaluate conveyance options for flows from University and Airport Satellite Industrial Pretreatment facilities Complete
12) Expansion of the City WWTF Complete
13) Estimate Cost of Handling waste streams from pretreatment facilities Complete 14) Prepare Draft and Final Technical Memorandum Complete 15) Project Definition and Organization (Environmental) Complete Stanted May 2020 1
EXHIBIT 1
16) Preparation of the Environmental Checklist, Initial Study, and Notice of Preparation Complete
17) Preparation of Draft EIR In Progress
18) Preparation of the Final EIR Pending
19) Certification of the Final EIR and Project Approval Pending 20) Environmental Documentation Project Management, Meetings and Quality Control In Progress
21) Asset Management Support Complete
22) Satellite Treatment Information Complete
23) Financing Options Complete
24) Assessment District Formation Assistance In Progress Stantec has worked with City staff completing the tasks described above and in more detail in the original Agreement for Professional Services dated April 1, 2013 (the Agreement), and subsequent Amendments Nos. 1, 2, 3 and 4.
This Amendment No. 5 has been prepared to define scope adjustments associated with overall project coordination and management, Administrative Draft EIR development, and Assessment District Formation Assistance.
In this Amendment No. 5, the additional costs are reflected in Tasks; 9, 17 and 24. Further description of the additional effort expended and estimated to complete our work is provided in those corresponding task descriptions below. City staff and Stantec have agreed that the Agreement approved in April 2013 should be amended to reflect the additional effort summarized above and detailed throughout this Amendment No. 5 Scope of Services. Modifications to the scope of services are as follows:
TASK 1: UPDATE NEW LAND USE ASSUMPTIONS AND WASTEWATER FLOW As described by the scope of services for Task 1 per the current Agreement.
Budget: No change. $11,088
TASK 2: ASSESS AVAILABLE CAPACITY IN SEWERS
As described by the scope of services for Task 2 per the current Agreement.
Budget: No change. $8,512
TASK 3: DETERMINE SEWER SYSTEM NEEDS AT GENERAL PLAN BUILDOUT As described by the scope of services for Task 3 per the current Agreement.
Budget: No change. $29,300
Stanter
May 2020 2
TASK 4: DEVELOP INTERIM SERVICE PLAN
As described by the scope of services for Task 4 per the current Agreement.
Budget: No change. $22,250
TASK 5: DEVELOP SEWER REPAIR AND REPLACEMENT PROGRAM
As described by the scope of services for Task 5 per the current Agreement.
Budget: No change. $16,500
TASK 6: INDUSTRIAL WASTE ACCEPTANCE DECISION MATRIX
As described by the scope of services for Task 6 per the current Agreement.
Budget: No change. $21,150
TASK 7: PROJECT MEETINGS
As described by the scope of services for Task 7 per the current Agreement and Amendment No. 4.
Budget: No change. $56,200
**please note budget reduced to account for previous error on Amendment #1 total, no change to approved contract total.
TASK 8: PREPARE DRAFT AND FINAL MASTER PLAN REPORT
As described by the scope of services for Task 7 per the current Agreement.
Budget: No change. $93,800
TASK 9: PROJECT MANAGEMENT AND ADMINISTRATION
Additional budget is requested for Project Management and Administration effort to cover the balance of the additional EIR effort authorized by this Amendment No. 5. Project management for the delivery team preparing environmental document (Tasks 15-20) is included in Task 20. The scope of this task (9) is amended to include additional effort related to managing the remainder of the EIR and assessment district efforts (Task 24), providing additional Engineering support and input to those tasks, coordination and communication with City staff, as needed, and oversight.
Therefore, Stantec is requesting the authorized amount of this task be increased as indicated here and in the attached Amendment No.5 Consulting Services Fee Estimate Breakdown.
Revised Budget: $30,800 ($5,600 additional)
TASK 10: COORDINATION AND REVIEW OF SATELLITE PRETREATMENT FACILITIES
ENGINEERING EVALUATION
As described by the scope of services for Task 10 per the current Agreement and Amendment No. 3, thereto, which removed this task
Budget: No change. $0
Stantec May 2020 3
TASK 11: EVALUATE CONVEYANCE OPTIONS FOR FLOWS FROM UNIVERSITY AND
AIRPORT SATELLITE INDUSTRIAL PRETREATMENT FACILITIES
As described by the scope of services for Task 11 per the current Agreement and Amendment No. 3, thereto, which removed this task.
Budget: No change. $0
TASK 12: EXPANSION OF THE CITY WWTF
As described by the scope of services for Task 12 per the current Agreement and Amendment No. 3, thereto.
Budget: No change. $30,000
TASK 13: ESTIMATE COST OF HANDLING WASTE STREAMS FROM PRETREATMENT
FACILITIES
As described by the scope of services for Task 13 per the current Agreement and Amendment No. 3, thereto, which removed this task.
Budget: No change. $0
TASK 14: PREPARE DRAFT AND FINAL TECHNICAL MEMORANDUM
As described by the scope of services for Task 14 per the current Agreement and Amendment No. 3, thereto.
Budget: No change $20,400
TASK 15: PROJECT DEFINITION AND ORGANIZATION (ENVIRONMENTAL) As described by the scope of services for Task 14 per the current Agreement and Amendment No. 2, No. 3 and No. 4, thereto.
Budget: No change. $25,800
TASK 16: PREPARATION OF THE ENVIRONMENTAL CHECKLIST, INITIAL STUDY,
AND NOTICE OF PREPARATION
As described by the scope of services for Task 14 per the current Agreement and Amendment No. 2, No. 3 and No. 4, thereto.
Budget: No change $12,500
O Stantec
May 2020 4
TASK 17: PREPARATION OF THE DRAFT EIR
Additional costs and labor were incurred to reach a stable project description and the associated revisions and updates to the environmental impact discussion outside the previous contracted amount of Task 17. This amendment requests funds sufficient to complete the outstanding tasks as Development of Second Administrative DEIR ($25,200)
Under this task, Stantec will modify the environmental impact analyses to reflect the finalized Project Description and address agreed upon alternate approaches to the Greenhouse Gas and Alternatives sections. Stantec will address the remaining outstanding comments received on the first working administrative DEIR. Stantec will update references throughout the document assuming no major changes in baseline conditions. Stantec will first deliver a working copy of the alternatives chapter and subsequently a second administrative DEIR for City review. At the City's request, the Project Description was revised and resubmitted prior to submittal of this amendment.
Development of Screencheck/Printcheck DEIR ($6,000)
Under this task, Stantec will address comments received on the second administrative DEIR and prepare a print ready pdf. Stantec will facilitate up to two one-hour long conference calls to resolve conflicting comments and/or review responses/changes with the City. Stantec will submit the pdf for City approval via FTP.
Publication of Public DEIR ($4,000)
Stantec will finalize the DEIR for publication. Stantec will prepare the State Clearinghouse notice of completion (NOC) and submit the Public DEIR to the State Clearinghouse. Stantec will coordinate with the City for Notice of Availability preparation and placement of noticing within the newspaper. Stantec will produce the Public DEIR and provide it to the City in a feasible and cost effective way.
Development of Air Quality Assumptions Memorandum ($7,500) In anticipation of controversy or legal challenges to the EIR and to facilitate engineering detail information requests, the air quality memorandum documenting air quality modeling assumptions will be revised based on the final project description. The memorandum was necessary to document the model inputs for air quality, greenhouse gas, and energy resource sections.
Additional budget is requested to cover the costs associated with the following:
• Preparation and development of the revised Air Quality Modeling Assumptions Memorandum
• Coordination and review from senior air quality and project staff; • Meetings with senior engineering staff to redefine construction equipment, worker, and schedule assumptions;
• Updating the air quality, greenhouse gas, and energy resources sections of the DEIR to reflect revised modeling estimates.
Revised Budget: $206,800 ($42,700 additional)
Stanted
May 2020 5
TASK 18: PREPARATION OF THE FINAL EIR
As described by the scope of services for Task 14 per the current Agreement and Amendment No. 2, No. 3 and No. 4, thereto.
Budget: No change $37,250
TASK 19: CERTIFICATION OF THE FINAL EIR AND PROJECT APPROVAL As described by the scope of services for Task 14 per the current Agreement and Amendment No. 2, No. 3 and No. 4, thereto.
Budget: No change $7,600
TASK 20: ENVIRONMENTAL DOCUMENTATION PROJECT MANAGEMENT,
MEETINGS AND QUALITY CONTROL
Additional coordination and meetings were and continue to be required for management of the EIR task. This additional project management support included bi-weekly conference calls and coordination with the City, changes to the project schedule, and coordination in receiving information needed to complete the EIR. Additionally, reviews by the peer review and development and execution of a Joint Defense Agreement were not accounted for in Amendments No. 2 and No. 4. Additionally, future conversations (i.e., phone calls) between the City, peer review consultant, and Stantec are anticipated and therefore are included in this revised scope.
Therefore, Stantec is requesting the authorized amount of this task be increased as indicated here and in the attached Amendment No. 5 Consulting Services Fee Estimate Breakdown.
Revised Budget: $51,000 ($7,300 additional)
TASK 21: ASSET MANAGEMENT SUPPORT
As described by the scope of services for Task 21 per the current Agreement and Amendment No. 3, thereto, which removed this task.
Budget: No change. $0
TASK 22: SATELLITE TREATMENT INFORMATION
As described by the scope of services for Task 21 per the current Agreement and Amendment No. 3, thereto.
Budget: No change. $8,200
TASK 23: FINANCING OPTIONS
As described by the scope of services for Task 23 per the current Agreement and Amendment No. 3, thereto
Budget: No change. $11,500
Stantec
May 2020 6
TASK 24: ASSESSMENT DISTRICT FORMATION ASSISTANCE
The scope of this task is amended to include additional effort including:
• Additional effort required for preparation of mapping for the Project Delineation task (Task
24.1) beyond that anticipated in authorized Amendment Nos. 3 and 4, to confirm and establish the expected limits of properties to be included in the new assessment district. This involved multiple phone calls and iterations of GIS mapping data with City staff, consuming budget originally provided for other subtasks (including sub-task 24.2, Engineer's Report).
Therefore, Stantec is requesting the authorized amount of this task be increased as indicated here and in the attached Amendment No.5 Consulting Services Fee Estimate Breakdown.
Revised Budget: $ 128,900 ($5,900 additional)
SUMMARY
Stantec will work with City staff throughout the process to ensure that the City's expectations and objectives are met, and that the City is informed of the status of the work under each task.
Stantec will invoice the City for charges incurred on a time and material basis. The overall budget authorization for this effort is increased by $61,500 to $829,550.
Stantec is ready to proceed upon receipt of written authorization from the City. Please feel free to contact the Project Manager, Dave Price, with any questions you have regarding this proposal at 360- 560-1069.
O Stanter May 2020 7
CITY OF MERCED
SEWER SYSTEM MASTER PLAN PROJECT UPDATE
AMENDMENT #5
CONSULTING SERVICES FEE ESTIMATE BREAKDOWN
Sub- Other Total Task
Managing Total Hours Staff Cost consurant Direct Cost
Engineer/ Environmental Associate Resource Scientist GIS/Graphics Junior Estimate Cost Costs (a) Estimate TASK DESCRIPTION ES Principal Reviewer Senior Scientist Scientist I! Engineer Specialist Financial Specialist Estimate Scientist Admin. Asistant
$234 $219 $185 $165 $165 $176
TASKS.
Project Management and Administration
Project Management and Adminstration - As Revised by Amend #5 $5.528 $5.528 TASK TOTAL, THIS AMENDMENT, ROUNDED $5,600
Proparation of the Administrative Draft EIR and Screencheck Draft EIR Development of 2nd Administrative Draft EIR $25,036 $140 $25,176 Development of Screencheck/Printcheck DEIR ~ - N $5.924 $5.924 Publication of Public DEIR ∞ • * $3,785 $200 $3,985
Ar Quality (memorandum) $7,560 $7,560
TASK TOTAL, THIS AMENDMENT, ROUNDED $42,700
Environmental Documentation Project Management, Meetings and Quality Control Project Management $7,264 $7,264
TASK TOTAL, THIS AMENDMENT, ROUNDED $7,300
Assessment District Formation Assistance
Project Delineation $5.832 55,832
TASK TOTAL, THIS AMENDMENT, ROUNDED $5,900
TOTAL TASKS $60,929 $340 $61,500
through Amend 4 $768,050
Includes mileage, reproduction, and GIS/CAD charges elc. Through Amend 5 829,550 City a Merced Velocton Synam Master Pian Upoll
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