AMENDMENT NO. 11 TO THE AGREEMENT
BETWEEN THE CITY OF SAN MATEO AND
HDR ENGINEERING, INC. FOR
WASTEWATER TREATMENT PLANT NUTRIENT REMOVAL AND WET
WEATHER FLOW MANAGEMENT UPGRADE AND EXPANSION PROJECT
ENGINEERING DESIGN SERVICES DURING CONSTRUCTION
($450,221 [Original Amount], $419,830 [Amendment 1], $12,273,376 [Amendment 2], $44,621 [Amendment 3], $42,163 [Amendment 4], $11,792 [Amendment 5], $980,103 [Amendment 6], $903,609 [Amendment 7), $84,158 [Amendment 8], $199,894 [Amendment 9], $1,077,660 [Amendment 10], $1,607,808 [Amendment 11]) WHEREAS, the City of San Mateo ("City"), a municipal corporation of the State of California, and HDR ENGINEERING, INC. ("CONSULTANT"), entered into an Agreement for engineering design services during construction ("Agreement") for the Wastewater Treatment Plant Nutrient Removal and Wet Weather Flow Management Upgrade and Expansion Project on June 24, 2019; and
WHEREAS, on June 24, 2020, CITY and CONSULTANT executed Amendment No. 1 increasing the scope of services, extending the term of the Agreement, and increasing the compensation of the Agreement by $419,830, for a total not to exceed amount of $870,051; and
WHEREAS, on November 3, 2020, CITY and CONSULTANT executed Amendment No. 2 increasing the scope of services, extending the term of the Agreement, and increasing the compensation of the Agreement by $12,273,376, for a total not to exceed amount of $13,143,427; and
WHEREAS, on September 13, 2021, CITY and CONSULTANT executed Amendment No. 3 increasing the scope of services, extending the term of the Agreement, and increasing the compensation of the Agreement by $44,621, for a total not to exceed amount of $13,188,048; and
WHEREAS, on December 17, 2021, CITY and CONSULTANT executed Amendment No. 4 increasing the scope of services, extending the term of the Agreement, and increasing the compensation of the Agreement by $42,163, for a total not to exceed amount of $13,230,211; and
WHEREAS, on January 31, 2022, CITY and CONSULTANT executed Amendment No. 5 increasing the scope of services, extending the term of the Agreement, and increasing the compensation of the Agreement by $11,792, for a total not to exceed amount of $13,242,003; and
WHEREAS, on May 17, 2022, CITY and CONSULTANT executed Amendment No. 6 increasing the scope of services, extending the term of the Agreement, and increasing the compensation of the Agreement by $980,103, for a total not to exceed amount of $14,222,106; and
WHEREAS, on October 18, 2022, CITY and CONSULTANT executed Amendment No. 7 increasing the scope of services, extending the term of the Agreement, and increasing the compensation of the Agreement by $903,609, for a total not to exceed amount of $15,125,715; and
WHEREAS, on June 14, 2023, CITY and CONSULTANT executed Amendment No. 8 increasing the scope of services, extending the term of the Agreement, and increasing the compensation of the Agreement by $84,158, for a total not to exceed amount of $15,209,873; and
WHEREAS, on December 6, 2023, CITY and CONSULTANT executed Amendment No. 9 increasing the scope of services, extending the term of the Agreement, and increasing the compensation of the Agreement by $199,894, for a total not to exceed amount of $15,409,767; and
WHEREAS, on April 30, 2024, CITY and CONSULTANT executed Amendment No. 10 increasing the scope of services, extending the term of the Agreement, and increasing the compensation of the Agreement by $1,077,660, for a total not to exceed amount of $16,487,427; and
WHEREAS, City and CONSULTANT, wish to amend the Agreement to provide for additional engineering design services during construction, extend the term, and increase compensation by $1,607,808, for a new total not to exceed amount of $18,095,235.
NOW, THEREFORE, the parties agree as follows:
1. Section 1, "Scope of Project," of the Agreement is amended to read:
The scope of services to be performed by CONSULTANT under this Agreement is described in Exhibits A, A1, A2, A3, A4, A5, A6, A7, A8, A9, A10, and All, attached and incorporated by reference.
Exhibit A11 to the Agreement is attached and incorporated by reference.
2. Section 7, "Term, Progress and Completion" of the Agreement is amended to read:
The services to be performed under this Agreement shall commence and be completed as set forth in Exhibits B, B1, B2, B3, B4, B5, B6, B7, B8, B9, B10, and B11, Project Schedule.
It is understood and agreed that time is of the essence of this Agreement.
CONSULTANT agrees to perform the services within the time limits set forth in Exhibits B, B1, B2, B3, B4, B5, B6, B7, B8, B9, B10, and B11.
CITY agrees to exercise due diligence in performing its tasks to implement the CONSULTANT's timetable.
Exhibit B11 to the Agreement is attached and incorporated by reference.
3. The first and second paragraphs of Section 8, "Payment," of the Agreement 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 $18,095,235. Requests for payments shall be itemized and correspond to the various items of work described in Exhibits A, A1, A2, A3, A4, A5, Аб, A7, A8, A9, A10, and A11, and shall be based on the rate and cost schedule set forth in Exhibits C, C1, C2, C3, C4, C5, C6, C7, C8, C9, C10, and C11, attached and incorporated by reference.
CITY reserves the right to pay CONSULTANT not more than 95% of the "not to exceed" amount until a 100% project review is complete and the CITY determines that 100% of the project work is complete. 100% project completion shall include completion of tasks as listed in Exhibits A, A1, A2, A3, A4, A5, A6, AT, A8, A9, A10, and A11.
Exhibit C11 to the Agreement is attached and incorporated by reference.
4. The remaining terms of the Agreement remain in full force and effect.
CITY OF SAN MATEO CONSULTANT
HDR ENGINEERING, INC.
Matthew Fabry Holly Kennedy
Director of Public Works Its Authorized Agent
Vice President
Date: Date:
APPROVED AS TO FORM:
Linh Nguyen
Assistant City Attorney
Exhibit A11
Scope of Services
CLEANWATERPROGRAM
PROTECTING THE BAY FOR A SUSTAINABLE FUTURE
Attachment A
Scope of Services
City of San Mateo Clean Water Program
Nutrient Removal and Wet Weather Flow Management
Upgrade and Expansion
Amendment - Additional Startup and Commissioning, and Office Engineering Services for GMP-3
BACKGROUND
This amendment increases the engineering services during construction (ESDC) scope of work under the following tasks and subtasks of the GMP-3 contract: Task 1 (Project Management), Task 5 (Office Engineering Services for GMP-3), Task 6 (Close Out Activities), and Task 7 (Resident Engineering). All other tasks and subtasks that are part of the ESDC contract are not being modified with this amendment.
SCOPE OF WORK
Task 1 - Project Management
Add the following scope of services:
Under Task 1, HDR will provide project management services from July 31, 2024, through April 30, 2025. The current scope of work provides project management services through July 30, 2024. Due to delays with the GMP-3 construction schedule, project management services need to be extended.
This amendment will cover an additional 39 weeks of project management. The extension of project management services shall include the following:
• 20 hours per week of senior project management services: coordination with the City of San Mateo (City), contractor, program manager/construction manager, and HDR subconsultants, management of subconsultants and project team, preparation of monthly invoices and monthly progress reports, and monitoring of project budget and schedule. • 6 hours per week of assistant project management services. • 6 hours per week of project accounting services related to preparation of invoices, processing of subconsultant contract amendments and invoices, and processing of amendments from the City for the GMP-3 ESDC services, preparing monthly accruals, and monitoring project budget.
24-10175719 7/16/24 A-1
Task 2 - Meetings and Site Visits
Subtask 2.1 -Meetings
No changes are being made to this task under this amendment.
Subtask 2.2 - Site Visits
No changes are being made to this task under this amendment.
Task 3 - Office Engineering Services for GMP-1
No changes are being made to this task under this amendment.
Task 4 - Office Engineering Services for GMP-2
No changes are being made to this task under this amendment.
Task 5 - Office Engineering Services for GMP-3
Subtask 5.1 - Technical Submittals
No changes are being made to this task under this amendment.
Subtask 5.2 - RFls and Clarifications
No changes are being made to this task under this amendment.
Subtask 5.3 - Design Modifications
Add the following scope of services:
Under this subtask, HDR will:
• Review contractor cost proposals and prepare order of magnitude opinion of probable costs for design change notices (DCNs). This effort will be performed under the direction of the City and Construction Manager.
• Prepare design clarifications and design change notifications. • Services will be provided up to the budgeted dollar amount; the following level of effort is included under this subtask:
• HDR will review up to 20 cost proposals. Design leads (process mechanical, electrical, structural, cost estimator, and assistant project manager will provide comments and attend one virtual meeting, as requested by the Owner and Owner's Representative, Up to 2 hours for each design lead, assistant project manager, and cost estimator is included.
• Up to 10 DCNs or design changes (DCs) will be issued. Design leads (electrical, process mechanical, and assistant project manager) budgeted up to 8 hours per 24-10175719 7/16/24 A-2
DCN. Cost estimator to have 4 hours per DCN to provide the City with Rough Order of Magnitudes (ROMs).
Subtask 5.4 - Document Management
No changes are being made to this task under this amendment.
Subtask 5.5 - LEED Certification
No changes are being made to this task under this amendment.
Subtask 5.6 - FFE Allowance
No changes are being made to this task under this amendment.
Subtask 5.7 - Secondary Effluent Pipeline Design
No changes are being made to this task under this amendment.
Subtask 5.8 - Secondary Effluent Pipeline ESDC
No changes are being made to this task under this amendment.
Subtask 5.9 - Pump Pit Repair
No changes are being made to this task under this amendment.
Subtask 5.10 - Primary Sludge Tank Inspection
No changes are being made to this task under this amendment.
Task 6 - Close Out Activities
Subtask 6.1 - GMP-1 As-Built Services
No changes are being made to this task under this amendment.
Subtask 6.2 - GMP-2 As-Built Services
No changes are being made to this task under this amendment.
Subtask 6.3 - eOM Manual
No changes are being made to this task under this amendment.
Subtask 6.4 - Startup and Commissioning Assistance
Modify and replace the existing scope of services as follows:
The existing scope shall be modified as follows and the existing fee under this task will be utilized as follows:
24-10175719 7/16/24 A-3
• Startup engineer onsite up to two days per week from July 1, 2024, through September 30, 2024 (13 weeks). Travel, meals, and lodging is assumed to the job site at $400/week and includes mileage, lodging, and meals.
• Startup engineer onsite for five days per week from October 1 through November 29, 2024 (8 weeks). Travel, meals, and lodging is assumed to the job site at $900/week and includes mileage, lodging, and meals.
Expenses will only be charged as incurred for startup activities.
Add the following scope of work and associated fee to the existing task budget:
• Additional effort was performed in 2023 for the startup of the disinfection and dechlorination systems at CCB 1 and CCB 2. Due to construction issues and delays associated with the startup of the disinfection and dechlorination systems, additional assistance from the startup engineer was needed. Under this amendment, an additional 144 hours (6 weeks, 3 days per week) of startup assistance was provided in November and December 2023. • Additional Startup engineer onsite five days per week for clean water testing from November 30, through through April 30, 2025(22 weeks). Travel, meals, and lodging is assumed to the job site at $900/week and includes mileage, lodging, and meals.
Expenses will only be charged as incurred startup activities.
Subtask 6.5 - Training
Add the following scope of services:
Pre-training efforts that included preparation of training materials and conducting up to 5 pre-training sessions will be performed. The pre-training sessions will be conducted by the senior process engineer and senior process mechanical engineer during 3-hour training sessions. This effort was performed in 2023 in advance of this amendment at the request of the City staff, Because there was budget remaining under the contract, the services were provided in advance of this amendment.
Subtask 6.6 - Treatment Plant Simulator
Add the following scope of services as contingency:
If the City desires, HDR and Hatch will provide additional services to modify and/or refine the 5 simulated scenarios. This effort will only be performed under written direction from the City. Services would be provided up to the existing budgeted amount. No additional budget is included in this amendment.
Subtask 6.7 - GMP-3 As-Built Services
No changes are being made to this task under this amendment. 24-10175719 7/16/24 A-4
Task 7 - Resident Engineering Services
Subtask 7.1 and 7.2 - Resident Engineering Services for 2020 and 2021 No changes are being made to this task under this amendment.
Subtask 7.3 - Resident Engineering Services for 2022
No changes are being made to this task under this amendment.
Subtask 7.4 - Resident Engineering Services for 2023
No changes are being made to this task under this amendment.
Subtask 7.5 - Resident Engineering Services for 2024
No changes are being made to this task under this amendment.
Subtask 7.5 - Resident Engineering Services for 2024
Add the following scope of services:
HDR will provide an onsite resident engineer for 19 weeks, from August 20, 2024, through December 31, 2024, to facilitate efficient contractor submittal and RFI coordination with HDR's design resources, as well as other communications amongst HDR designers, CWP, contractor and the City. The following services will be provided:
• One resident process mechanical engineer onsite 5 days per week through December 31, 2024.
• One senior process mechanical engineer onsite up to two days per week through December 31, 2024.
• One senior electrical engineer onsite two days per week through December 31, 2024. • Travel to jobsite from Walnut Creek (roundtrip) included at $71/trip. Expenses will only be charged as incurred.
Subtask 7.7 - Resident Engineering Services for 2025
Add the following scope of services:
HDR will provide an onsite resident engineer for 17 weeks, from January 1, 2025, through April 30, 2025, to facilitate efficient contractor submittal and RFI coordination with HDR's design resources, as well as other communications amongst HDR designers, CWP, contractor and the City. The following services will be provided:
• One resident process mechanical engineer onsite 5 days per week through April 30, 2025. • One process mechanical engineer onsite up to two days per week for 13 weeks, and three days per week for 4 weeks through April 30, 2025.
24-10175719 7/16/24 A-5
• One electrical engineer onsite two days per week through April 30, 2025. • Travel to jobsite from Walnut Creek (roundtrip) included at $71/trip. Expenses will only be charged as incurred.
24-10175719 7/16/24 A-6
Exhibit B11
Project Schedule
CLEANWATERPROGRAM
PROTECTING THE BAY FOR A SUSTAINABLE FUTURE
Amendment No. 11 will extend the term of the contract through August 31, 2025.
Exhibit C11
Rate and Fee Schedule
CLEANWATERPROGRAM
PROTECTING THE BAY FOR A SUSTAINABLE FUTURE
EXHIBIT C
RATE AND COST SCHEDULE
HDR Engineering, Inc.
June 05, 2024, to June 04, 2025
City of San Mateo Clean Water Program
Nutrient Removal and Wet Weather Flow Management Upgrade and Expansion Project Engineering Services during Construction for GMP-1, GMP-2, and GMP-3 Rate Fee Basis
1. Hourly charge basis will consist of the following:
: Direct Wages: actual hourly salary for each individual Fringe Benefits: 49.85% of direct wages
Overhead: 135% of direct wages
2. Hourly billing rates are effective from June 05, 2024, to June 04, 2025. Hourly and unit rates may be renegotiated by the Consultant and the City on an annual basis. Requests to revise the hourly and unit rates must be made in writing, thirty (30) calendar days prior to the requested changes taking effect.
Maximum increases shall not exceed an average of 3% per year.
Expenses
1. Bay Area Staff
• Personal use vehicles for Project Business and Visits to Sites - Vehicle Mileage (per mile) at Current Federal Travel Regulation (FTR).
2. Non-Bay Area Staff
• Travel meals and hotel at Federal GSA per diem rate/day as published on the USGSA website. • Rental car, airline tickets, and other miscellaneous travel costs at actual cost. Receipts for all costs over$25 shall be maintained and submitted with invoices.
3. Subconsultant charges at cost plus 5% markup.
4. Outside printing services at cost, with prior approval.
5. Other direct project related costs at cost, with prior approval.
Other
1. Budget changes, rate increases, and any allocation of contingency dollars shall be approved by City Program Manager in advance of incurring any cost.
RATE SCHEDULE
City of San Mateo Clean Water Program
June 05, 2024, to June 04, 2025
2023-2024 2024-2025
Employee Hourly Rate Hourly Rate
Agno, Emmanuel $159.87 $161.47
Anderson, Sonia $241.03 $243.44
Bernard, Cynthia $148.92 $153.39
Dela Cruz, Joshua $267.42 $272.77
Dressler, Jillian $161.93 $168.41
Greenfield, David $250.25 $251.50
Griffenbeg, Edward $271.92 $277.36
Herrera, Mireya $200.45 $206.46
Hodgkinson, Wendy $106.62 $107.15
Iniguez Vazquez, Gustavo $133.64 $136.31
Joslyn, Scott $263.94 $271.86
Kontonickas, Theodore $297.09 $306.00
McConkey, Ben $197.69 $201.64
Mix, Michael $122.73 $125.18
Neethling, JB $474.46 $479.20
Perkins, Ron $398.34 $406.31
Prasad, Rakeshwar $167.24 $170.58
Rafat, Mohammad $130.39 $133.00
Ragnev, Anatoli $127.61 $130.16
Ramanathan, Mallika $360.87 $371.70
Skrel, Jennifer $363.12 $374.01
Starr, Crystal $262.60 $267.85
Statser, Cariann $211.19 $211.19
Tan, Patricia $131.47 $134.10
Winkler, Maika $112.86 $116.25
Please note that the average hourly rate increase is 2.00%.
In adition, Phoenix Nguyenis 2024-2025 houry ai wil be $356.93 due to promolion and her new Attachment A-1. Estimated Work Effort and Cost
City of San Mateo Clean Water Program
Nutrient Removal and Wet Weather Flow Management Upgrade and Expansion - Engineering Sorvices During Construction PJM.PJM300. FIN.FIN210. PJM.PJM310. PJM.PJM310. | ESA.ESA300. [EEL.EEL200. EST.EST200. EST.EST200. FOP.FSG120. PJM.PJM110. CON.ESM300. EST.EST300.
Project Project Project Manager Project Manager Engineer Engineer Engineer Engineer Wastewater Project Estimator Sr Engineer Total Task Manager Accountant 1 Engineering Sr Engineering Sr Sanitary Sr Electrical Treatment Manager Structural Sr Total HDR Total HDR Subs Cost Sub Task Description Process Structural Expenses Total Cost ($) No. General Sr Mechanical Plant Op 2 Hours Labor ($) ($) Markup Engineering ($)
Asst
Ramanathan Bermard Perkins. Skrei Neethling DeLaCruz Dressier Nguyen Jostyn Horrora Bradenhoeft Stam GMP-3
Task 1 -Project Management (July 31, 2024, through April 30, 2025)
1.1 Project Management (39 weeks) 600 240 200 240 1,280 $409,390 $o so $409,390 Task 1 Total 600 240 200 0 240 1,280 $409,390 $o so so $409,390 Task 5 - Office Engineering Services
5.3 Design Modifications 120 120 30 50 80 80 480 $152,997 $17,500 $875 $171,372 Task 5 Total 120 120 30 50 80 80 480 $152,997 $17,500 $875 so $171,372 Task 6 - Close-out Activities
6.4 Startup/Commissioning Assistance 24 1,024 1,048 $299,400 so $24,600 $324,000 6,5 Training 40 40 80 $36,252 $36,252
Task 6 Total 24 40 40 1,024 1,128 5335,652 50 $24,600| $360,252 Task 7 - Resident Engineer
7.5 2024(19 weeks -8/20/24 to 12/31/24) 304 304 760 1,368 $333,142 50 $12,141 $345,283
7.6 2025(17 weeks -1/1/25 to 4/30/25) 304 272 680 1,256 $310,364 so so $11,147 $321.511 Task 7 Total 608 576 1,440 2,624 S643,505 so so $23,288 $666,793 TOTALS 624 240 200 768 40 696 1,440 30 1,024 290 80 80 5,512 $1.541.545 $17,500 $875 $47,888 $1,607,808 24-10175719 7/16/2024 HDR Engineering, Inc.