1 AMENDMENT NO. 13 TO THE AGREEMENT
BETWEEN THE CITY OF SAN MATEO AND
Stantec Consulting Services, Inc. FOR
Immediate Action Projects Package II
($876,000 [Original Amount], $517,930 [Amendment 1], $79,800 [Amendment 2], $0 [Amendment 3], $0 [Amendment 4], $88,673.46 [Amendment 5], $30,000 [Amendment 6], $0 [Amendment 7], $60,000 [Amendment 8], $0 [Amendment 9], $75,000 [Amendment 10], $0 [Amendment 11], $0 [Amendment 12], $399,000 [Amendment 13])
WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and Stantec Consulting Services, Inc. (“CONSULTANT”), entered into an Agreement for Professional Consulting Services (“Agreement”) on August 29, 2017; and WHEREAS, the Agreement includes CONSULTANT’s design services for a sludge cake hopper and cake pumping system to be located at the CITY’s wastewater treatment plant; and
WHEREAS, challenges related to the design and/or construction have resulted in a non-functional sludge cake hopper and cake pumping system; and WHEREAS, CITY and CONSULTANT are assessing potential solutions to address these challenges; and
WHEREAS, CITY and CONSULTANT agree that CONSULTANT’s services are still required for the Project; and
WHEREAS, the CITY and CONSULTANT desire to further amend the Agreement by extending the term through September 30, 2024 and adding $399,000 in funding for CONSULTANT’s design engineering services during construction required to complete the construction of the Project that are unrelated to any alleged errors or deficiencies on behalf of either party; and
WHEREAS, this Amendment is not an admission of responsibility or any waiver of claims by the CITY or the CONSULTANT, including but not limited to CONSULTANT’s claims for compensation for Task 6 Construction Phase Services related to the sludge cake hopper and cake pumping system, which CITY contends are not reimbursable because the services were required to correct alleged error or deficiencies of CONSULTANT.
NOW, THEREFORE, the parties agree as follows:
1. Section 1, Scope of Services of the Agreement is amended to include Exhibit A13, attached and incorporated by reference.
2. Section 7, “Term, Progress and Completion,” of the Agreement, first paragraph, is amended to read:
2 “The services to be performed under this Agreement shall commence and be completed no later than September 30, 2024.”
3. Section 8, “Payment,” of the Agreement is amended to increase the payment amount by $399,000 as outlined in Exhibit C13, attached and incorporated by reference, and the first paragraph is amended to read:
“Payment shall be made by the CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performances of the services and any reimbursable expenses set forth in this Agreement, CITY agrees to pay CONSULTANT a fee based on verified time and materials not to exceed $2,126,403.46. Requests for payments shall be itemized and correspond to the various items of work described in the Scope of Project, inclusive of the current Scope of Services as provided therein, and shall be based on the rate and cost schedule previously established."
4. The remaining terms of the Agreement remain in full force and effect.
CITY OF SAN MATEO CONSULTANT
Stantec Consulting Services, Inc.
______________________________ ___________________________________ Matt Fabry, PE Kari D. Shively, PE
Public Works Director Vice President
Date: ____________________ Date: ____________________ Approved as to Form:
_____________________________
Linh P. Nguyen, Assistant City Attorney
Revised February 14, 2024
EXHIBIT A13
SCOPE OF SERVICES
Amendment 13: Design and Engineering Services During Construction
IMMEDIATE ACTION PROJECTS PACKAGE II
WASTEWATER TREATMENT PLANT
Job No. 46T009
P age 2 of 7
SCOPE OF SERVICES
Consultant will provide Engineering Services During Construction (ESDC) to close out the IAP2 construction. Tasks are assumed from February through September 2024. These tasks are presented as the kind of task that may occur at the Owner’s request. As long as the effort is within the budget tasks will be completed. Additional effort will only be provided as authorized through a contract modification.
Task 1: Project Management
General Services include tasks that will be performed by the Consultant throughout the project.
These services include:
Task 1.1: General Management
The Consultant will be responsible for detailed management of the project, including the Subconsultants, and will keep the Owner appraised of the status of the project. . General project management activities involving 1) communications with Construction Manager, Subconsultant, and Owner staff, and 2) invoicing and status reports and 2) coordination of site visits with the Owner and Contractor to complete the construction phase activities.
Task 1.2: Project Invoices and Progress Reports
The Consultant will prepare and submit monthly invoices. The invoices will document the man - hours and billing rates for staff, as well as any direct costs. The current and previous billing period invoicing, as well as a summary of the budget spent, budget remaining, and cost to complete will be included. The monthly progress report will be submitted with the project invoice as part of the monthly request for payment.
Task 1.3: Management of Subconsultants
The Consultant will manage the activities of the Subconsultants during performance of the project.
Subconsultants will be required to participate in the same type of internal (to their firm) management as the Prime Agreement.
Task 1.4: Quality Control Review
At each deliverable, Consultant will conduct a Quality Control review prior to submission of a Design Change Notice (DCN) by an independent technical reviewer not directly associated with the project.
Task 1 Deliverables:
• Monthly Progress Reports and Invoices
Task 1 Assumptions:
• The Project Management tasks will be through September 2024. • Record drawings will be complete by September 2024.
P age 3 of 7
TASK 6: CONSTRUCTION PHASE SERVICES
Engineering Services During Construction (ESDC) will be provided for the remaining tasks associated with closure of the construction contract.
Task 6.1: Attend Progress Meetings via Teleconference
During the construction phase, up to two Consultant/Subconsultant representatives will call into four meetings to review technical issues with the team and update progress. These meetings are assumed to be up to 1 hour in duration and occur every two weeks over a span of 7 months.
Task 6.2: Review Shop Drawing Submittal
Consultant will review shop drawing submittals (including re-submittals). The term submittal used herein includes technical submittals, shop drawings, samples, operations and maintenance manuals, and product data required to be submitted by the Contractor. Consultant will receive, log, process and review each shop drawing submittal.
Consultant shall promptly review submittals and provide written comments and recommended submittal review disposition within an average of fifteen (15) working days of receipt of a submittal.
Review will be for substantial conformity with the intent of the Contract drawings and specifications. In addition, we will provide quality control for each review. Following review, we will return one marked up submittal and a shop drawing review letter with our comments via email.
It shall not include review of quantities, dimensions, weights or gauges, fabrication processes, construction methods, coordination with the work of other trades, or construction safety precautions, all of which are the sole responsibility of the Contractor.
Task 6.2: Deliverables:
• Submittal (all types) Reviews
• Up to 10 submittals, each requiring on average 5 hours, including resubmittals, will be
r
eviewed by Subconsultant.
• Submittal review does not include review of quantities, dimensions, weights or gauges, fabrication processes, construction methods, coordination with the work of other trades, or construction safety precautions, all of which are the sole responsibility of the Contractor.
Task 6.3: Respond to Request for Information
Consultant will review Contractor Requests for Information (RFIs) for the IAP2 project. Each Contractor RFI will be logged, processed, and routed to the appropriate individual(s) to respond to the question.
Subconsultant shall provide responses to the Contractor’s Requests for Information (RFIs). RFIs shall be furnished to Subconsultant by Stantec or directly from the City, and written responses shall be provided to Stantec for dissemination to the City within an average of seven (7)
w
orking days of receipt of an RFI. It is assumed that up to 15 RFIs, each requiring on average 4 hours, will be reviewed by Subconsultant.
In addition to Contractor RFIs, it is assumed that the Construction Manager will have requests for information that go beyond what is expected from administering the construction contract. To P age 4 of 7
account for these requests, Subconsultant assumes that up to 10 RFIs, each requiring on average 2 hours, will be reviewed by Subconsultant.
Task 6.3 Deliverables:
• 10 RFI responses regarding the polymer injection ring Task 6.4: Conduct Field Visits
Task 6.4.1: Polymer Injection DCN
Subconsultant will conduct one site visit to verify field conditions, obtain as-built dimensions, and verify electrical power supply location. It is assumed that the visit is a collaborative meeting to discuss the location of primary polymer system equipment and will include participants from the Owner, Construction Manager, and Contractor to expedite decision making. The objective of this first site visit is to make decisions on the locations of principal pieces of equipment to be used for the polymer system design. Existing peak demand data (30 days metered with peak demand in kW) for the identified electrical power source shall be provided by the Owner. Subconsultant assumes site visit will involve 2 individuals for an average duration of 4 hours, excluding travel.
Task 6.4.2: Construction Observation
Subconsultant shall make up to two visits during construction with 2 individuals for an average duration of 4 hours, excluding travel, to review the progress. The visits shall observe the general quality of the work at the time of the visit. For each site visit, Subconsultant shall prepare a site observation report documenting the areas observed and comments regarding general conformance with the design requirements.
Subconsultant shall review items of concern with the construction inspector before leaving the site.
Task 6.4 Deliverables:
• Site Observation Summary (electronic)
Task 6.5: Prepare Design Change Notice (DCN)
Pipe Support DCN
Subconsultant completed design of pipe supports for the cake pump piping to achieve the pump manufacturer’s installation instructions for nozzle load criteria, as requested by the City and in accordance with the City direction. Anticipated or completed tasks are: criteria and analysis Tech Memo (TM), pipe support recommendations TM, TM revisions, coordination calls, site visit to evaluate the pipe support at Cake Pump #2, pipe support design details, design clarification, review of Myer’s proposed construction cost, and review of submittals/RFIs.
Polymer Ring DCN
Task 6.5.1: Pre-Design
Subconsultant will coordinate with Netzsch to obtain requirements for pump, polymer ring, type of polymer, flowrate recommendations, and installation requirements. Subconsultant anticipates up to 4 coordination calls. Each coordination call is anticipated to last an average of 1- hour and shall be attended by up to 2 Subconsultant staff.
P age 5 of 7
Subconsultant will document pre-design criteria and concepts for the polymer injection system as determined during the initial site visit and discussions with Netzsch in a Pre-Design Criteria Sheet and process flow diagram. This deliverable will show the new piping and appurtenances, equipment sizing including storage tanks, primary pipe sizes, and pumps, approximate locations of new equipment, and vendor information.
Task 6.5.2: Draft Design Change Notice
Subconsultant will incorporate the concepts presented in the Pre-Design TM and prepare aa draft DCN and a related opinion of probable construction cost (OPCC). Illustrations may take the form of revised design drawings, markups of design drawings, or sketches as necessary to convey the scope of work to the Contractor with sufficient detail to implement.
Subconsultant will also prepare an Opinion of Probable Construction Costs (OPCC) at this stage.
Subconsultant shall follow the principles and guidelines of the Association for the Advancement of Cost Engineering (AACE) and standard Subconsultant cost estimating procedures. The OPCC shall meet the requirements of an AACE Class 3 estimate and will be projected to the midpoint of the construction period.
Task 6.5.3: Workshop
Consultant and Subconsultant will attend one review workshop with the Owner after review of the Draft Design Change Notice. The workshop is assumed to have a 2-hour duration and be attended by up to 4 Subconsultant staff.
Task 6.5.4: Final Design Change Notice Documents
Subconsultant will incorporate responses to comments on the Draft Design Change Notice Documents and prepare the Final Design Change Notice Documents signed and sealed.
Subconsultant shall update the OPCC as needed for the Project. The OPCC shall meet the requirements of an AACE Class 2 estimate and will be projected to the midpoint of the construction period.
Task 6.5.5: Review Contractor Change Notice Estimate
It is assumed that the City’s construction management staff will have primary responsibility for evaluation of and responses to Contractor. Once the Contractor’s estimate for the proposed work is received, Consultant shall review the estimate and provide comments.
Task 6.5 Deliverables:
• Draft Design Change Notice Documents, and OPCC (electronic) • Final Design Change Notice Documents, and Final OPCC (electronic) • Comments on Contractor Estimate (electronic). Assumes up to 20 hours.
Task 6.6: Support Startup and Commissioning
Subconsultant shall participate in startup activities for the polymer injection system. This will be limited to review and comment of submitted startup procedures, in-person attendance to a 4- hour startup activity, and preparation of field notes. In-person startup is assumed to be attended by up to 2 Subconsultant staff.
Task 6.6 Deliverables:
• Startup Field Notes for Polymer Injection (electronic) P age 6 of 7
Task 6.7: Prepare Record Drawings
Previously allocated record drawing budget has been expended through additional ESDC support for the time extensions through December 2023. Consultant will coordinate record drawing preparation at the completion of the project including providing Subconsultant with the red- line set and the desired final format of the record drawings. Consultant will prepare Record Drawings based on the Contractor’s “redline” marked -up drawings, provided that such markups are provided by the Contractor within 1 month of the end of the construction period. The mark -ups are expected to contain clarifications, change order work, and other significant construction revisions. Consultant will not be responsible for verifying the validity of the red-line set provided by the Contractor.
Task 6.7: Deliverables:
• Record drawings
• Assumes record drawings will consist of 81 total drawings (assuming redlines are completed by contractor).
• Subconsultant assumes 62 drawings will be updated, each requiring on average 2 to 2.5 hours.
Task 6 Assumptions:
• Design and construction is handled as an amendment to the existing IAP -2 construction contract with Myers in lieu of a new construction contract. • Consultant will provide support during the remaining construction time. Assumes a design duration of 2 months and a construction duration of 5 months including preparation of record drawings. It is assumed that record drawings will be completed within one month.
The total remaining construction time to close the project is estimated through September 2024.
• The existing discharge piping includes an installed spacer ring to accommodate polymer ring without changes to discharge piping or supports.
• Assumes that the existing pump room at ground floor has sufficient space for polymer system equipment and components including totes and pumps. • The I/O associated with the new Polymer system will be tied into an existing PLC enclosure that is equipped with spare I/O and infrastructure capacity to serve the needs for this project.
• Anticipated RFIs and submittals are assumed only for the polymer injection ring.
Additional requests are outside of this proposal and will require a contract modification.
Not Part Of Consultant’s Scope
• Programming of PLC and instrumentation is excluded.
• Construction Manager is responsible for overall construction management, will schedule meetings and will prepare and distribute meeting notes. • Consultant has no control over Contractor and relies on Construction Manager to pre - review submittals to the Consultant for completeness. Construction Manager will coordinate distribution of submittals, RFIs, and test reports, to the appropriate design team members.
P age 7 of 7
• Construction Management is performed by others. Construction Manager will compile and provide the owner a complete set of RFIs, submittals, change orders, and other construction-related correspondence at the completion of the construction project. • O&M Manual preparation is not included.
• Relocation of existing utilities are not included.
• Pipe supports will be designed by Contractor.
• Construction surveying is not included.
• Participation in regular construction progress meetings is not included. • Services not specifically identified in the Scope of Work are not included.
Stantec IAP2 Amendment 13 PM PM QC
PA
Project Technical Lead
Coordinator CAD/BIM TJCAA
KJ
Name Regan, Margaret Reed, Michael Shustova, Lana Wong, Billy Rodriguez, Diana Marshall, Robert FRD (Rate) Project Billing Rate (T&M) $292.20 $277.92 $86.41 $342.39 $199.78 $185.63 $13.29 $1.05 $1.05 Total Units (T&M) 50.00 2.00 8.00 4.00 296.00 40.00 400.00 $12,400.00 $282,580.00 Fee (T&M) $14,610.00 $555.84 $691.28 $1,369.56 $59,134.88 $7,425.20 400.00 $83,786.76 $5,316.00 $5,316.00 $13,020.00 $296,709.00 $309,729.00 $399,000.00 Task Name Start Date End Date Hours Labour Units Expense Subs Total Task 1: Project Management 2024-02-01 2024-09-30 314.00 $66,416.40 $4,173.06 $35,028.00 $105,700.00 Task 1.1: General Management 2024-02-01 2024-09-30 48.00 2.00 8.00 256.00 314.00 $66,416.40 314.00 $4,173.06 $20,660.00 $21,693.00 $92,282.46 Task 1.4: Quality Control Review 2024-02-01 2024-09-30 0.00 $0.00 $0.00 $12,700.00 $13,335.00 $13,335.00 TASK 6: CONSTRUCTION PHASE SERVICES 2023-02-01 2024-09-30 86.00 $17,370.36 $1,142.94 $274,701.00 $293,300.00 Task 6.1: Attend Progress Meeting 2024-03-01 2024-04-30 $4,140.00 $4,347.00 $4,347.00 Task 6.2: Review Shop Drawing Submittal 2024-02-01 2024-08-01 $9,980.00 $10,479.00 $10,479.00 Task 6.3: Respond to Request for Information 2024-02-01 2024-06-30 $8,160.00 $8,568.00 $8,568.00 Task 6.4: Conduct Field Visits 2024-03-01 2024-04-30 $14,510.00 $15,235.50 $15,235.50 Task 6.5: Prepare Design Change Notice (DCN) 2024-03-01 2024-05-10 $190,080.00 $199,584.00 $199,584.00 Task 6.6: Support Startup and Commissioning 2023-02-01 2023-08-30 0.00 $0.00 $0.00 $8,400.00 $6,010.00 $15,130.50 $15,130.50 Task 6.7: Prepare Record Drawings 2024-09-01 2024-09-30 2.00 4.00 40.00 40.00 86.00 $17,370.36 86.00 $1,142.94 $4,000.00 $16,340.00 $21,357.00 $39,870.30 Exhibit C13