1 AMENDMENT NO. 2 TO THE PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE
CITY OF MANTECA AND WSP USA, INC
This Amendment No. 2 (“Amendment”) to Agreement # A-C2022-77 (“Agreement”) between the City of Manteca and WSP USA, Inc, is made and entered into this ___ day of ___________, 2024, by and between WSP USA, Inc, a California corporation (“Consultant”) and the City of Manteca, a municipal corporation (“City”).
RECITALS
A. On June 7, 2022 the City of Manteca awarded 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. 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 3 of the Agreement is hereby amended to read as follows:
“3. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is approved by the City. All such work shall be completed no later than June 30, 2025.
3. 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. 2 services shall in no event exceed $194,665 without additional authorization from the City. In no event shall total compensation for work performed pursuant to this Agreement and Amendments 2 No. 1 exceed $3,146,285 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.”
4. Except as otherwise provided in this Amendment, the Agreement shall continue in full force and effect.
THIS SPACE INTENTIONALLY LEFT BLANK
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
4 ATTACHMENT 1
STATEMENT OF WORK AND ACTIVITIES #2
**For use when scope of services is being changed**
Basis For Estimate
1) This cost estimate extends CM services from June 2024 to November 2024. 2) Post Construction expetected to extend to November 2024 3) Annual labor escalations of 3.5% to be effective in January. 4) Proposed Fee Profit = 10%.
Thursday, August 15, 2024
CITY OF MANTECA
AMENDMENT NO. 2
FROM:
WSP USA INC.
TO:
Approved: _________________________
SR 120 / MCKINLEY AVENUE INTERCHANGE
COST ESTIMATE
ATTACHMENT 1
SR 120 / MCKINLEY AVENUE INTERCHANGE
WSP USA INC.
COST ESTIMATE SUMMARY
WSP BURDENED LABOR COSTS (PROJECTED AFTER JUNE 30, 2024):
LABOR $ 140,402
OVERTIME $ -
SECOND SHIFT PREMIUM $ -
15% Hours Estimate
SUBTOTAL $ 140,402
SUBCONSULTANT(S):
Environmental, Material Testing, Source Inspection KLEINFELDER $ - Public Outreach AIM
Headlight PAVIA SYSTEMS $ 1,500
SUBTOTAL $ 1,500
WSP EXPENSES $ 10,140
SUBTOTAL $ 10,140
ESTIMATE TO COMPLETE $ 152,042
AMOUNT ESTIMATED THRU AUGUST 9, 2024 TOTAL $ 2,994,243
ESTIMATE AT COMPLETION $ 3,146,285
ORIGINAL CONTRACT AMOUNT+AMENDMENT 1 TOTAL $ 2,951,620
ADDITIONAL FUNDING REQUESTED TOTAL $ 194,665
ATTACHMENT 1
YEAR:
POSITION NAME FIRM J A S O N
Resident Engineer and Structures
Representative Rick Deml, PE WSP 120 100 100 320
ARE / Office Engineer Alia Issa WSP 120 100 100 320
Schedule / Claims Ed Rollerson, JD WSP 8 8 16
Construction Inspector TBD WSP 80 40 20 140
Construction Inspector TBD WSP 0
Project Administrator TBD WSP 0
Staff performing inspection services are subject to prevailing wage rates 796 Post
Const Construction
Construction Management Services - SR 120 / McKinley Road Interchange Proposed Labor Schedule
TOTAL HOURS
2024
ATTACHMENT 1
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 0 257.90 $0.00 0 266.93 $0.00 0 $0 Resident Engineer and Structures Representative Rick Deml, PE WSP 0 234.37 $0.00 320 242.57 $77,622.40 320 $77,622 ARE / Office Engineer Alia Issa WSP 0 104.23 $0.00 320 107.88 $34,521.60 320 $34,522 Schedule / Claims Ed Rollerson, JD WSP 0 199.94 $0.00 16 206.94 $3,311.04 16 $3,311 Construction Inspector TBD WSP 0 172.16 $0.00 140 178.19 $24,946.60 140 $24,947 Construction Inspector TBD WSP 0 172.16 $0.00 0 178.19 $0.00 0 $0 Project Administrator TBD WSP 0 134.39 $0.00 0 139.09 $0.00 0 $0 0 $0.00 796 $140,401.64 796 $ 140,402
STRAIGHT TIME LABOR COSTS
CONSTRUCTION
April 1, 2023 - Dec 31, 2023 Jan 1, 2024 - Dec 31, 2024 ATTACHMENT 1
WSP USA INC.
UNIT
UNIT QTY COST ($) SUBTOTAL ($)
EXPENSES
A) VEHICLES, VEHICLE O&M, COMPUTERS,
FIELD EQUIPMENT, SAFETY EQUIPMENT, SURVEY EQUIPMENT
Hours
Rick Deml, PE 320 $13 $4,160
Alia Issa 320 $13 $4,160
Ed Rollerson, JD 0 $13 $0
TBD 140 $13 $1,820
TBD 0 $13 $0
$ 10,140
ESTIMATED EXPENSES $ 10,140
SR 120 / MCKINLEY AVENUE INTERCHANGE
ESTIMATED EXPENSES