1 AMENDMENT NO. 1 TO THE PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE
CITY OF MANTECA AND WSP USA, INC
This Amendment No. 1 (“Amendment”) to Agreement # A-C2022-77 (“Agreement”) between the City of Manteca and WSP USA, Inc, is made and entered into this ___ day of ___________, 2023, by and between WSP USA, Inc, a California corporation (“Consultant”) and the City of Manteca, a municipal corporation (“City”).
RECITALS
A. On June 23, 2022 the City of Manteca entered into an Agreement with Consultant to provide professional services for construction management and inspection services for the State Route 120/McKinley Avenue Interchange Project.
B. City now desires to amend the Agreement in order to expand the term and increase the dollar 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. Scope of Work and Schedules. Attachment 1 to the Agreement is hereby amended to include additional scope as detailed in Attachment 1 to this Amendment, attached hereto and incorporated herein by reference, “ADDITIONAL AMENDMENT NO. 1 SCOPE OF WORK AND SCHEDULE”.
2. Paragraph 3 of the Agreement is hereby amended to read as follows:
“3. Time of Performance. All such work shall be completed no later than December 31, 2024.”
3. Paragraph 4 of the Agreement is hereby amended to read as follows:
“4. Compensation. Compensation for Amendment No. 1 services shall in no event exceed $587,083 without additional authorization from the City.”
4. Except as otherwise provided in this Amendment, the Agreement shall continue in full force and effect.
ATTACHMENT 3
2 THIS SPACE INTENTIONALLY LEFT BLANK
ATTACHMENT 3
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)* Interim City Manager
ATTEST: By: ___________________________________
(Signature)
_________________________________ ___________________________________ Cassandra Candini-Tilton, (Type name and title)
Director of Legislative Services
COUNTERSIGNED: By: ___________________________________
(Signature)
_________________________________ ___________________________________ Jared Hansen, (Type name and title)
Deputy Director of Finance
COUNTERSIGNED: Address: ____________________________
_________________________________ ____________________________ Dawn Cortesi,
Interim Director of Human Resources
Telephone: ____________________________
APPROVED AS TO FORM:
L. David Nefouse, City Attorney
By:_________________________________
Daniella Green, Assistant City Attorney
ATTACHMENT 3
4 ATTACHMENT 1
ADDITIONAL AMENDMENT NO. 1 SCOPE OF WORK AND SCHEDULE
ATTACHMENT 3
5250 Claremont Avenue
Suite 147
Stockton, CA 95207
wsp.com
May 09, 2023
Somporn Boonsalat, PE
Acting Deputy Director, Engineering
City of Manteca
1001 W. Center St.
Manteca, CA 95337
SUBJECT: Construction Management and Inspection Services Agreement, Amendment Request No. 1 REFERENCE: State Route 120 / McKinley Avenue Interchange (EA 10-0H8904) Mr. Boonsalat,
Please see the attached Amendment Request No. 1 cost proposal and staffing schedule for the remaining WSP services on the project which is currently estimated to end on June 30, 2024. The contract for construction management and inspection services for the project was executed by the City in June 2022 and construction began in August 2022. The project was making significant progress through the fall months until the project experienced a substantial amount of precipitation over the winter months which stopped work on the controlling activity but not on other on-site activities.
Task 2 – Construction Management Services During Construction The project experienced a very wet winter which did not allow import borrow work to proceed, which was the controlling activity on the critical path schedule so working days were not counted. However, other activities proceeded on site which required construction management services during the extended period of nonworking days.
This extended the completion date of WSP services on the project seven months from November 2023 to June 2024:
TASK PLANNED ACTUAL / CURRENT
Construction Start July 2022 August 2022
Construction End August 2023 March 2024
Contract End November 2023 June 2024
This includes three months of closeout following the current contractual completion date for construction activities of March 2024. The original planned completion date for construction activities was August 2023, however the current Agreement between the City and WSP expires on June 30, 2023. If it were not for the activities listed below, no work would have been performed by the contractor and no inspection would have been required. However, as these activities proceeded during the extended period of nonworking days when labor would not have been required, then the following amount is a net increase to the overall project duration.
ACTIVITY DURATION
Coordination and inspection of emergency repairs to EB State Route 120 and Retaining Wall No. 2 under an emergency contract by Caltrans. Jan. 2023 – Apr. 2023 Coordination and inspection of overhead utility relocation by Comcast and Frontier. Feb. 2023 Inspection of SWPPP best management practices during rain events. Jan. 2023 – Apr. 2023 Inspection of miscellaneous contract item work including drainage and retaining wall construction, which were not the controlling operation. Jan. 2023 – Apr. 2023 Management of contractor Potential Claim Records No. 1, No. 2, and No. 3. Jan. 2023 – Apr. 2023 ATTACHMENT 3
Budget
WSP is requesting an additional funding amount of $587,083 for the extension of the project completion date due to weather. A breakdown for this extension is shown below:
MONTH
ORIGINAL
CONTRACT
(PLANNED)
AMENDMENT
NO. 1 (ACTUAL
AND PLANNED)
CUMULATIVE
DIFFERENCE NOTES
May-22 $34,378.59 ($34,378.59)
Jun-22 $76,104.28 $9,757.04 ($100,725.82)
Jul-22 $103,066.74 $46,887.04 ($156,905.52) Planned Construction Start Aug-22 $132,768.10 $91,446.17 ($198,227.45) Actual Construction Start Sep-22 $152,768.10 $125,237.73 ($225,757.82)
Oct-22 $152,768.10 $122,462.72 ($256,063.19)
Nov-22 $150,566.71 $145,925.81 ($260,704.10)
Dec-22 $137,735.34 $108,146.50 ($290,292.94)
Jan-23 $141,420.66 $130,859.01 ($300,854.59) No Working Days Due to Weather but Activity Requiring Inspection
Feb-23 $154,589.36 $105,693.14 ($349,750.81) No Working Days Due to Weather but Activity Requiring Inspection
Mar-23 $154,589.36 $113,468.67 ($390,871.51) No Working Days Due to Weather but Activity Requiring Inspection
Apr-23 $156,875.46 $159,415.33 ($388,331.64) No Working Days Due to Weather but Activity Requiring Inspection
May-23 $156,875.46 $159,415.33 ($385,791.77)
Jun-23 $156,875.46 $159,415.33 ($383,251.90)
Jul-23 $156,875.46 $159,415.33 ($380,712.03)
Aug-23 $156,875.46 $159,415.33 ($378,172.16) Planned Construction End Sep-23 $98,731.12 $159,415.33 ($317,487.95)
Oct-23 $59,330.48 $159,415.33 ($217,403.10)
Nov-23 $31,342.76 $159,415.33 ($89,330.53) Planned Contract End Dec-23 $0.00 $159,415.33 $70,084.79
Jan-24 $0.00 $120,056.92 $190,141.71
Feb-24 $0.00 $120,056.92 $310,198.63
Mar-24 $0.00 $120,056.92 $430,255.55 Current Construction End Apr-24 $0.00 $52,275.82 $482,531.37
May-24 $0.00 $52,275.82 $534,807.19
Jun-24 $0.00 $52,275.81 $587,083.00 Current Contract End TOTAL $2,364,537.00 $2,951,620.00 $587,083.00
$0.00
ATTACHMENT 3
To mitigate some of the cost related to the increased project duration, WSP offers the following to save the project nearly $50,000:
Eric Lilly, PE, CCM has been internally promoted and is proposed to move from the Resident Engineer role to the Project Manager role. This will allow you to retain Eric’s project knowledge and maintain consistent strategies related to project disputes. Eric will remain assigned to the project for its duration and his rate is lower than the PM rate in the current contract.
Rick Deml, PE is proposed to move into the Resident Engineer role. Rick is currently closing out the SR 99 Interchange/SR 132 West Expressway project for the City of Modesto. Details of that project and others are in his attached resume. No Resident Engineer has done more Caltrans interchange projects in San Joaquin County than Rick. In fact, he was slated to be the Resident Engineer for SJCOG’s SR 99 / SR 120 Interchange, but that project was delayed significantly. I am sure that Diane Nguyen and Ryan Niblock can vouch for Rick because they selected him for their project. Your project will be finished well before SJCOG’s SR 99 / SR 120 Interchange begins.
Feel free to contact me if you any questions or need additional information.
Sincerely,
Bart Littell, PE
Project Manager
Senior Vice President II
cc: E. Lilly (WSP)
Enclosure : WSP Amendment Request No. 1, Rick Deml Resume ATTACHMENT 3
Basis For Estimate
1) This cost estimate extends CM services from November 2023 to June 2024. 2) Construction is now estimated to end in March 2024, not including future weather days. 3) Annual labor escalations of 3.5% to be effective in January. 4) Proposed Fee Profit = 10%.
Tuesday, May 2, 2023
CITY OF MANTECA
AMENDMENT NO. 1
FROM:
WSP USA INC.
TO:
Approved: _________________________
SR 120 / MCKINLEY AVENUE INTERCHANGE
COST ESTIMATE
ATTACHMENT 3
SR 120 / MCKINLEY AVENUE INTERCHANGE
WSP USA INC.
COST ESTIMATE SUMMARY
WSP BURDENED LABOR COSTS (PROJECTED AFTER APRIL 1, 2023):
LABOR $ 1,478,868
OVERTIME $ 12,760
SECOND SHIFT PREMIUM $ 5,540
15% Hours Estimate
SUBTOTAL $ 1,497,168
SUBCONSULTANT(S):
Environmental, Material Testing, Source Inspection KLEINFELDER $ 316,225 Public Outreach AIM $ 51,078
Headlight PAVIA SYSTEMS $ 7,888
SUBTOTAL $ 375,190
WSP EXPENSES $ 79,378
SUBTOTAL $ 79,378
ESTIMATE TO COMPLETE $ 1,951,736
AMOUNT BILLED TO MARCH 31, 2023 TOTAL $ 999,884
ESTIMATE AT COMPLETION $ 2,951,620
ORIGINAL CONTRACT AMOUNT TOTAL $ 2,364,537
ADDITIONAL FUNDING REQUESTED TOTAL $ 587,083
ATTACHMENT 3
YEAR:
POSITION NAME FIRM A M J J A S O N D J F M AMJ
Project Manager Eric Lilly, PE, CCM WSP 152 152 88 16 16 16 16 16 16 16 16 16 10 10 10 566Resident Engineer and Structures Representative Rick Deml, PE WSP 80 152 152 152 152 152 152 152 152 152 152 152 80 1,832ARE / Office Engineer Alia Issa WSP 152 152 152 152 152 152 152 152 152 152 152 152 152 152 80 2,208Schedule / Claims Ed Rollerson, JD WSP 8888888888888 104Construction Inspector Ryan George WSP 152 152 152 152 152 152 152 152 152 152 152 152 1,824Construction Inspector Timothy Hamilton WSP 152 152 152 152 152 152 152 152 152 152 152 152 1,824Project Administrator William Sievers WSP 4 4 4 4 4 4 4 4 4 4 4 4444 60Staff performing inspection services are subject to prevailing wage rates 8,418
OVERTIME HOURS
YEAR:
POSITION NAME FIRM A M J J A S O N D J F M AMJ
Construction Inspector Ryan George WSP 10 10 10 10 10 10 60Staff performing inspection services are subject to prevailing wage rates 60 Post
Const Construction
Post
Const Construction
Construction Management Services ‐ SR 120 / McKinley Road Interchange Proposed Labor Schedule
TOTAL HOURSTOTAL HOURS
2023 20242023 2024
ATTACHMENT
3 SR 120 / MCKINLEY AVENUE INTERCHANGE
WSP USA INC.Project Manager
BILL BILL TOTAL TOTAL
POSITION NAME FIRM HRS RATE TOTAL HRS RATE TOTAL HOURS COST Project Manager Eric Lilly, PE, CCM WSP 488 257.90 $125,855.20 78 266.93 $20,820.54 566 $146,676Resident Engineer and Structures Representative Rick Deml, PE WSP 992 234.37 $232,495.04 840 242.57 $203,758.80 1,832 $436,254ARE / Office Engineer Alia Issa WSP 1,368 104.23 $142,586.64 840 107.88 $90,619.20 2,208 $233,206Schedule / Claims Ed Rollerson, JD WSP 72 199.94 $14,395.68 32 206.94 $6,622.08 104 $21,018Construction Inspector Ryan George WSP 1,368 172.16 $235,514.88 456 178.19 $81,254.64 1,824 $316,770Construction Inspector Timothy Hamilton WSP 1,368 172.16 $235,514.88 456 178.19 $81,254.64 1,824 $316,770Project Administrator William Sievers WSP 36 134.39 $4,838.04 24 139.09 $3,338.16 60 $8,176 5,692 $991,200.36 2,726 $487,668.06 8,418 1,478,868 $
STRAIGHT TIME LABOR COSTS
CONSTRUCTION
April 1, 2023 - Dec 31, 2023 Jan 1, 2024 - Dec 31, 2024
ATTACHMENT
3 SR 120 / MCKINLEY AVENUE INTERCHANGE
WSP USA INC.Project Manager
BILL BILL TOTAL TOTAL
POSITION NAME FIRM HRS RATE TOTAL HRS RATE TOTAL HOURS COST Construction Inspector Ryan George WSP 60 212.66 $12,759.60 0 220.10 $0.00 60 $12,760 60 $12,759.60 0 $0.00 60 $12,760
April 1, 2023 - Dec 31, 2023
CONSTRUCTION
OVERTIME COSTS
Jan 1, 2024 - Dec 31, 2024
ATTACHMENT
3 WSP USA INC.
UNIT
UNIT QTY COST ($) SUBTOTAL ($)
EXPENSES
A) VEHICLES, VEHICLE O&M, COMPUTERS,
FIELD EQUIPMENT, SAFETY EQUIPMENT, SURVEY EQUIPMENT
Hours
Eric Lilly, PE, CCM 566 $13 $7,358
Rick Deml, PE 1,832 $13 $23,816
Alia Issa 0 $13 $0
Ed Rollerson, JD 0 $13 $0
Ryan George 1,884 $13 $24,492
Timothy Hamilton 1,824 $13 $23,712
$ 79,378
ESTIMATED EXPENSES $ 79,378
SR 120 / MCKINLEY AVENUE INTERCHANGE
ESTIMATED EXPENSES
ATTACHMENT 3
4 RICK DEML, PE, QSD
Resident Engineer
Rick has over 32 years of construction management (CM) and resident engineering experience, specializing in the design and construction of roads, bridges, and other structures in California for both the public and private sectors. Having worked for the California Department of Transportation (Caltrans) as an associate bridge engineer and resident engineer (RE)/structures representative for Caltrans' Office of Structure Construction, Rick has in-depth knowledge of Caltrans procedures, personnel, and local conditions. Rick has more Union Pacific Railroad (UPRR) grade separation experience on projects in San Joaquin County than any other RE, having been the RE and/or structures representative for 11 separate UPRR grade separation bridges in San Joaquin County. He has extensive experience negotiating and writing change orders, analyzing falsework drawings, resolving contract disputes, and clarifying contract document discrepancies.
RELEVANT EXPERIENCE
SR 99 Interchange/SR 132 West Expressway, City of Modesto, Modesto, California: RE/Structures Representative on a new access-controlled freeway from Dakota Avenue in rural Stanislaus County east to connection with State Route 99 (SR 99)and Needham Street in the City of Modesto. The project is intended to improve regional and interregional circulation, relieve traffic congestion along SR 132 (Maze Boulevard), and improve
operations on one of the most important east-west routes in the central valley. The new freeway consists of two lanes separated by a median divider. Access to SR 99 will be via east and west couplets. Dakota Avenue will be reconstructed to form a new three-lane roadway between Maze Boulevard and Kansas Avenue. A pump station and four new bridges are being constructed, including a new overcrossing of SR 99. Construction cost is estimated at $92 million.
Central Galt Interchange Construction Management
Services, Galt, California: Resident Engineer/Structures Representative on this project which consisted of constructing a new, higher capacity interchange to replace the existing interchange at the Route 99/Central Galt Exit. WSP provided full construction management for this project that mitigated operational deficiencies, provided needed capacity to
accommodate regional and local growth within the City of Galt and traffic that uses the A Street/C Street/Boessow Road Corridor, and provided for standard structure vertical and horizontal clearances to accommodate future widening of SR99 to six (and potentially eight) future mainline lanes. The project consisted of a two-bridge, split diamond configuration, closely spaced, with a one-way couplet in the north-south direction. The A and C Street Bridges were provided to spread traffic into and through downtown, providing better east-west connectivity. Improvements included:
constructing interchanges, cast-in-place, post tensioned concrete bridge construction; spread footing foundations; bridge removal; MSE and reinforced concrete retaining walls; earthwork; roadway construction and paving; utility installation and relocations; traffic handling; concrete architectural features; signing and striping; street lighting; traffic signals; drainage systems; sewer lines; water lines; SWPPP installation and monitoring; community relations and Public Information; and agency coordination. Project was completed ahead of schedule and under budget.
YEARS OF EXPERIENCE
32 YEARS WITH FIRM
26 LOCATION
Stockton, CA
EDUCATION
BS, Civil Engineering,
California State University
- Chico
REGISTRATIONS &
CERTIFICATIONS
Professional Engineer (PE),
CA (#C-48976)
Qualified Stormwater
Pollution Prevention Plan
(SWPPP) Developer (QSD),
(C-48976)
PROFESSIONAL
ORGANIZATIONS
American Association of
Civil Engineers
RETURN TO ORG CHART
RETURN TO DIRECTORY
ATTACHMENT 3
5 Hammer Lane/UPRR Grade Separations, City of Stockton, Stockton, California: RE/Structures Representative for this $16 million project that involved two grade separation bridges of the UPRRs, including significant utility relocations and earthwork.
Both bridges are prestressed, cast-in-place structures. Unique elements include 25-foot-deep (8-meter-deep) shoring adjacent to the railroad shoofly, substructure that is 100 feet (31 meters) deep with 7-foot-diameter (2-meter-diameter) cast-in-drilledhole piles and retaining walls with extensive architectural treatment. Rick’s responsibilities included management of day-to-day activities, field staff supervision, and serving as the client’s point of contact.
This project also included numerous aesthetic features, including decorative concrete and terraced landscape planters.
I-5/French Camp Interchange, City of Stockton, Stockton, California: Resident Engineer. The French Camp / I-5 Interchange consisted of four bridges, widening of the diagonal on and off ramps, the addition of two new loop-on ramps, auxiliary lanes on I-5, and the realignment and widening of French Camp Road. This project included substantial public outreach efforts and was constructed with Caltrans District 10 oversight. The project was completed at 1% change order.
Sperry Road Extension/UPRR Grade Separation Project,
City of Stockton, Stockton, California: Resident Engineer for the $31 million project in accordance with the Caltrans Construction Manual and City of Stockton standards. The project consisted of 1 mile of new roadway alignment, two new signalized
intersections, and nearly 500,000 cubic yards of imported borrow.
In addition to the roadway items, four new bridge structures including one over an environmentally sensitive creek and three grade separations across three separate and active UPRR rail lines, including the Fresno Subdivision.
SR 4 Bypass Program, State Route 4 Bypass Authority, Contra Costa County, California: Resident Engineer on the $215 million program of new freeway interchange projects, local roadways, and UPRR Grade crossings. Since 2004, WSP has delivered over 15 projects for the SR4 BPA. WSP provided full construction management, utility relocation coordination, constructability review and bid management for this program. Key elements of projects within the program include over 3 million cubic yards of excavation, three complete interchanges, eight cast-in-place post-tensioned box girder bridges, one UPRR grade separation and one at grade grossing of UPRR tracks, utility relocation, retaining walls, asphalt concrete pavement, significant storm drainage, landscaping, traffic signals at nine separate locations, and lighting.
RETURN TO ORG CHART
RETURN TO DIRECTORY
RICK DEML,
PE, QSD
Resident Engineer
(continued)
ATTACHMENT 3
6 Woodward Island Bridge Replacement Construction Management Services, San Joaquin County Department of Public Works, San Joaquin County, California: Resident Engineer on this project located along the Middle River 12 miles west of the City of Stockton which consisted of decommissioning the current ferry and constructing a new 675-foot bridge across the river to Bacon Island Road to Woodward Island. The sections of roadway approaching the bridge on both sides were also raised and widened to provide better and safer access for agricultural equipment approaching and exiting the bridge. The ferry and existing timber ramp were replaced by a bridge stretching over Middle River with a removable span, providing unfettered vehicle access from West Bacon Island Road.
March Lane/UPRR Grade Separations, Stockton, California. Resident Engineer on the $16 million project involving the construction of two Union Pacific Railroad (UPRR) grade separations that are cast-inplace (CIP) concrete railroad bridges. Additional elements involved lowering and widening March Lane, utility relocations, railroad crossings, and improvements to March Lane. Critical traffic control elements include constructing temporary shoofly tracks and roadway detours to minimize traffic disruptions. Rick’s responsibilities included management of day-to-day activities, field staff supervision, and serving as the client’s point of contact. This project included landscaped medians and decorative concrete.
SR 99 / Sheldon Road Interchange Reconstruction Construction Management Services, Elk Grove, California: Resident Engineer/Structure Representative on this interchange project that consisted of constructing a new, higher-capacity interchange to replace the existing interchange at the SR 99/Sheldon Road location. The existing interchange was a low capacity, L-4/L-6 interchange built in the 1950s. The six-lane freeway at the bridge consists of a 500-meter-long depressed section, thus requiring a new pump station to replace the existing, which extends out into the southbound lanes. Sheldon Road was widened from Lewis Stein Road on the east to Power Inn Road on the west. Interchange improvements included realignment of frontage roads, construction of new on- and off-ramps, new post-tensioned box girder bridge, drainage pump station, and soldier pile retaining wall.
I-205 / Mountain House Parkway Interchange Construction Management, Stockton, California:
Resident Engineer on the project involving the construction of two Union Pacific Railroad (UPRR) grade separations that are cast-in-place (CIP) concrete railroad bridges. Rick’s responsibilities included management of day-to-day activities, supervision of field staff, and service as the client’s point of contact.
WSP provided construction management services for the Interstate 205 interchange replacement at Mountain House Parkway. The project consisted of constructing a new higher capacity interchange to replace the existing interchange at the I-205 and Mountain House location. Key elements of the project included a cast-in-place bridge, reconstruction of on/off ramps, construction of auxiliary lanes, drainage, extensive landscaping, traffic signals, and lighting.
RETURN TO
ORG CHART
RETURN TO
DIRECTORY
RICK DEML,
PE, QSD
Resident Engineer
(continued)
ATTACHMENT 3