Staff Report - KJ and WR_Contract Amendment No. 1.v2
CIT
Y OF SIMI VALLEY
MEMORANDUM
Dec
ember 16, 2024
TO: B
oard of Directors, Ventura County Waterworks District No. 8 FR
OM: Department of Public Works
SUBJ
ECT: APPROVAL OF FIRST CONTRACT AMENDMENTS FOR
PROFESSIONAL SERVICES TO DESIGN AND SUPPORT THE
CONSTRUCTION OF VARIOUS VENTURA COUNTY WATERWORKS
DISTRICT NO. 8 PROJECTS, REQUEST FOR PROPOSALS NO. PW 22- 02 STAFF RECOMMENDATION
It is r
ecommended that the Board of Directors:
1. Appr
ove the first contract amendment (page 4) with Kennedy Jenks Consultants, Inc. (Kennedy Jenks) for professional services to design and support the construction of various Ventura County W aterworks District No. 8 (Waterworks) projects. This amendment includes increasing the contract amount by $1,200,000, for a total not-to- exceed amount of $1,700,000, and extending the term of the contract by an additional two years through April 25, 2029; and,
2. Appr
ove the first contract amendment (page 11) with Wood Rodgers, Inc. (Wood Rodgers) for professional services to design and support the construction of various Waterworks projects. This amendment includes increasing the contract amount by $1,200,000, for a total not-to-exceed amount of $1,700,000, and extending the term of the contract by an additional two years through April 25, 2029.
BACKGROUND AND OVERVIEW
On April 25, 2022, the Board of Directors awarded two contracts, one to Kennedy Jenks and one to Wood Rodgers , for professional services to design and support the construction of various Waterworks projects for $500,000 each. The term of each contract was five years from the date of the contract through April 25, 2027. Both consultants successfully completed multiple projects to date. The contract with Kennedy Jenks contains a balance of $244,371.25 and the contract with Wood Rodgers contains a balance of $396,062. Additional projects are included in the adopted Waterworks Five- Year CIP for fiscal years 2024-25 to 2028-29, which will require professional engineering design and construction support. These projects include, but are not limited to: Oak Knolls Pump Station Upgrade, Box Canyon Pump Stations Rehabilitation , repair and replacement of seven (7) water storage tank s, and preparation of multiple studies and reports, including the Urban Water Management Plan, which needs to be prepared every five years.
AGENDA I
TEM NO.
Consent (4)
T
hese complex projects require comprehensive structural, hydraulic, and seismic analysis that stands as a cornerstone in the successful completion of the projects.
Kennedy Jenks and Wood Rodgers consultants will provide professional civil, structural, mechanical, and electrical engineering services needed to complete the design documents and reports, prepare construction packages, support bid process, and provide construction support during the construction phase.
FINDINGS AND ALTERNATIVES
On February 8, 2022, Waterworks issued Request for Proposals No. PW 22-02 for professional services to design and support the construction of various waterworks projects. On March 18, 2022, Staff evaluated Kennedy Jenks and Wood Rodgers proposals and determined that both consultants were qualified based on the evaluation criteria.
Waterworks previously worked successfully with both consultants on several projects.
Therefore, Staff recommends awarding contract amendments to both consultants to continue project engineering support on CIP projects.
The contract amendments provide that both consultants will perform services as authorized by the District on an as-needed basis and will submit invoices per the rates contained in the Amended Schedule of Fees.
The approved Waterworks Five-Year CIP budget contains sufficient funding for the design of the following proposed projects: Oak Knolls Pump Station Upgrade, Box Canyon Pump Stations Rehabilitation, repair and replacement of seven (7) water storage tanks, and preparation of multiple studies and reports, including the Urban Water Management Plan.
Funds will be reallocated from these CIP projects and into the Kennedy Jenks and Wood Rodgers contracts, to cover design and engineering services, as needed. Extending the contract terms and increasing the not-to-exceed amount will also allow preliminary design work to begin on approved CIP projects that are forecasted through FY 2028-29, as funding becomes available.
The f
ollowing alternatives are available to the Board of Directors:
1. Approve the first contract amendment (page 4) with Kennedy Jenks for professional services to design and support the construction of various Waterworks projects, increasing the contract amount by $1,200,000, for a total not-to-exceed amount of $1,700,000, and extending the term of the contract by an additional two years through April 25, 2029;
2. Approve the first contract amendment (page 11) with Wood Rodgers for professional services to design and support the construction of various Waterworks projects, increasing the contract amount by $1,200,000, for a total not-to-exceed amount of 2 $1,700,000, and extending the term of the contract by an additional two years through April 25, 2029;
3. Do not approve contract amendments at this time and provide Staff further direction.
Staff recommends Alternatives No. 1 and 2.
SUGGESTED BOARD MOTION
I move to approve contract amendments with Kennedy Jenks for a total not-to-exceed amount of $ 1,700.000; and Wood Rodgers for a total not -to-exceed amount of $1,700,000; and extend the term of the contracts by an additional two years to provide professional services to design and support the construction of various W aterworks projects.
SUMMARY
The adopted Waterworks Five-Year CIP budget for FY 2024-25 to FY 2028-29 includes projects that will need civil, structural , mechanical, and electrical engineering support .
Staff recommends approving the first contract amendments to both Kennedy Jenks and Wood Rodgers to ensure that the engineering support is available when needed. The FY 2024-25 District CIP b udget contains sufficient funding for the design of the following proposed projects: Oak Knolls Pump Station Upgrade, Box Canyon Pump Stations Rehabilitation, repair and replacement of seven (7) water storage tanks, and preparation of multiple studies and reports, including the Urban Water Management Plan. ___
_______________________________
Ronald K. Fuchiwaki
Public Works Director
P
repared by: Michel Kadah, Principal Engineer
INDEX Page
C
ontract Amendment No. 1 – Kennedy Jenks Consultants, Inc. ...... 4 Contract Amendment No. 1 – Wood Rogers, Inc. .......................... 11 3 F
IRST AMENDMENT TO
AGREEMENT NO. 3220082 BETWEEN
THE CITY OF SIMI VALLEY AND
KENNEDY JENKS CONSULTANTS, INC.
THIS FIRST AMENDMENT (“Amendment”) is made and entered into this 16th day of December 2024, by and between the CITY OF SIMI VALLEY, a general law city and municipal corporation (“CITY”), and KENNEDY JENKS CONSULTANTS, INC., a California Corporation, ("CONSULTANT").
1. Pursuant to Section 8 of Agreement No. 3220082 (“Agreement”), Section 2 of the Agreement is amended to read as follows:
Term. “The term of this CONTRACT is extended from April 25, 2027 to April 25, 2029.”
2. Pursuant to Section 8 of the Agreement, Section 4(A) is amended to read as follows:
Compensation and Payment
“The total not -to-exceed amount of this Agreement is $1,700,000 (the “ NTE”).
Payment will be made based on the rates contained in attached “Amended Schedule of Fees” which is identified as Exhibit “B -1,” and incorporated by reference.
CONSULTANT acknowledges that CONSULTANT is not guaranteed to receive the NTE or any particular amount of compensation or work under this CONTRACT.”
3. Pursuant to Section 8 of the Agreement, in the additional work authorized by this Amendment is set forth in attached Exhibit A-1, which is incorporated by reference.
4. Pursuant to Section 8 of the Agreement, with the rates paid in accordance with this Amendment are set forth in attached Exhibit B-1, which is incorporated by reference.
5. Pursuant to Section 8 of the Agreement, section 27 is added to read as follows:
“27. PREVAILING WAGES.
A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONSULTANT must pay its workers prevailing wages. It is CONSULTANT’s responsibility to interpret and implement any prevailing wage requirements and CONSULTANT agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.
B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage 4 d
etermination at http://www.dir.ca.gov/DLSR/PWD. CONSULTANT must post a copy of the prevailing rate of per diem wages at the job site.
C. CITY directs CONSULTANT’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONSULTANT or any subcontractor.
D. Labor Code § 1777.5 requires CONSULTANT or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:
i. When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15
percent in the 90 days before the request for certificate, or
ii. When the number of apprentices in training in the area exceeds a ratio of one to five, or
iii. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state wide or locally, or
iv. When CONSULTANT provides evidence that CONSULTANT
employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.
v. CONSULTANT is required to make contributions to funds established for the administration of apprenticeship programs if CONSULTANT employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such
contributions.
vi. CONSULTANT and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices.
5 v
ii. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
E. CONSULTANT and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONSULTANT must provide copies of the records at its cost.”
6. ELECTRONIC SIGNATURES. This Amendment may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Amendment binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Amendment will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
7. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.
8. Except as modified by this Amendment, all other terms and conditions of Agreement No. 3220082 remain the same.
[SIGNATURES ON NEXT PAGE]
6 I
N WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California
Approved as to Form: Kennedy Jenks Consultants, Inc.
Algeria R. Ford, City Attorney By:
Print Name: Jeff Savard
Approved as to Content:
Title: Vice President
Samantha C. Argabrite, City Manager By:
Print Name: Edward Yang
Johanna Medrano, Title: Vice President
Deputy Administrative Services Director/
Budget & Purchasing
Ronald K. Fuchiwaki,
Public Works Director
7 EXH
IBIT “A-1”
ADDITIONAL SCOPE OF WORK
(EFFECTIVE DECEMBER 2, 2024 TO APRIL 25, 2029)
Construction Support Services:
The Consultant, or its sub- consultant, will provide the following services to support the District during the project construction activities:
1. Attend preconstruction, progress meetings and provide technical support as required.
2. Review construction contractor submittals and determine acceptability of shop drawings and material submittals for conformance with the contract, District’ s standards, and design intent.
3. Support the District in responding to Requests for Information (RFI) and providing clarifications of the design intent. This assistance may include modifications to the drawings, sketches, and written descriptions.
4. Support the District in reviewing Change Order Requests from the construction contractor.
5. Conduct periodic field work observation and Inspection at the project site. Such meetings and observations will be performed as requested by the District.
6. Upon completion of the project, prepare the project record drawings based on information and red-lined drawing set provided by the construction contractor. The record drawings will be provided to the District in both AutoCAD and pdf format.
8 EXH
IBIT “B-1”
AMENDED SCHEDULE OF FEES
(EFFECTIVE DECEMBER 2, 2024 TO APRIL 25, 2029)
9 Client/Address: Ventura County Waterworks District No. 8 2929 Tapo Canyon Road
Simi Valley, CA 93063
Contract/Proposal Date: October 23, 2024
Schedule of Charges Date: January 1, 2024
PERSONNEL COMPENSATION
Classification Hourly Rate
Engineer ‐Scientis t‐Specialist 1 ......................................................................................... $155 Engineer ‐Scientist ‐Specialist 2 ......................................................................................... $190 Engineer ‐Scientist ‐Specialist 3 ......................................................................................... $210 Engineer ‐Scientist ‐Specialist 4 ......................................................................................... $230 Engineer ‐Scientist ‐Specialist 5 ......................................................................................... $250 Engineer ‐Scientist ‐Specialist 6 ......................................................................................... $275 Engineer ‐Scientist ‐Specialist 7 ......................................................................................... $300 Engineer ‐Scientist ‐Specialist 8 ......................................................................................... $320 Enginee r‐Scientis
t‐Specialist 9 ......................................................................................... $335 Senior CAD‐Designer ....................................................................................................... $195 CAD‐Designer .................................................................................................................. $180 Senior CAD‐T echnician ..................................................................................................... $165 CAD‐T echnician ................................................................................................................ $145 Project Assistant .............................................................................................................. $145 Administrative Assistant .................................................................................................. $130 Aide ................................................................................................................................. $105 Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connecƟon with the work, will be at cost plus ten percent for items such as:
a. Maps, photographs, 3rd party reproducƟons, 3rd party prinƟng, equipment rental, and special supplies related to the work.
b. Consultants, soils engineers, surveyors, contractors, and other outside services. c. Ren
ted vehicles, local public transportaƟon and taxis, travel and subsistence. d. Project specific telecommunicaƟons and delivery charges. e. Special fees, insurance, permits, and licenses applicable to the work. f. Outside computer processing, computaƟon, and proprietary programs purchased for the work.
Reimbursement for vehicles used in conn ecƟon with the work will be at the federally approved mileage rates or at a negoƟated monthly rate.
If prevailing wage rates apply, the above billing rates will be adjusted as appropriate.
OverƟme for non‐exempt employees will be billed at one and a half Ɵmes the Hourly Rate s specified above.
Rates for professional staff for legal proceedings or as expert witnesses will be at rates one and one‐half Ɵmes the Hourly Rates specified above.
Excise and gross receipts taxes, if any, will be added as a direct expense.
The foregoing Schedule of Charges is inc orporated into the agreement for the services provided through December 31, 2025.
AŌer December 31, 2025, invoices will reflect the Schedule of Charges currently in effect. 10 F
IRST AMENDMENT TO
AGREEMENT NO. 3220083 BETWEEN
THE CITY OF SIMI VALLEY AND
WOOD RODGERS, INC.
THIS FIRST AMENDMENT (“Amendment”) is made and entered into this 16th day of December 2024, by and between the CITY OF SIMI VALLEY , a general law city and municipal corporation (“CITY”), and WOOD RODGERS, INC., a California Corporation.
1. Pursuant to Section 8 of Agreement No. 3220083 (“Agreement”), section 2 of the Agreement is amended to read as follows:
“The term of this CONTRACT is extended from April 25, 2027 to April 25, 2029.”
2. Pursuant to Section 8 of the Agreement, Section 4(A) is amended to read as follows:
“The total not -to-exceed amount of this Agreement is $1,700,000 (the “ NTE”).
Payment will be made based on the rates contained in attached “Amended Schedule of Fees” which is identified as Exhibit “B -1,” and incorporated by reference.
CONSULTANT acknowledges that CONSULTANT is not guaranteed to receive the NTE or any particular amount of compensation or work under this CONTRACT.”
3. Pursuant to Section 8 of the Agreement, in the additional work authorized by this Amendment is set forth in attached Exhibit A-1, which is incorporated by reference.
4. Pursuant to Section 8 of the Agreement, with the rates paid in accordance with this Amendment are set forth in attached Exhibit B-1, which is incorporated by reference.
5. Pursuant to Section 8 of the Agreement, section 27 is added to read as follows:
“27. PREVAILING WAGES.
A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONSULTANT must pay its workers prevailing wages. It is CONSULTANT’s responsibility to interpret and implement any prevailing wage requirements and CONSULTANT agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.
B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONS ULTANT must post a copy of the prevailing rate of per diem wages at the job 11 s
ite.
C. CITY directs CONSULTANT’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONSULTANT or any subcontractor.
D. Labor Code § 1777.5 requires CONSULTANT or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprentice¬ship program in t hat trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:
i. When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15
percent in the 90 days before the request for certificate, or
ii. When the number of apprentices in training in the area exceeds a ratio of one to five, or
iii. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state wide or locally, or
iv. When CONSULTANT provides evidence that CONSULTANT
employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.
v. CONSULTANT is required to make contributions to funds established for the administration of apprenticeship programs if CONSULTANT employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such
contributions.
vi. CONSULTANT and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices.
vii. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of 12 A
pprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
E. CONSULTANT and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONSULTANT must provide copies of the records at its cost.”
6. ELECTRONIC SIGNATURES. This Amendment may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Amendment binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Amendment will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
7. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.
8. Except as modified by this Amendment, all other terms and conditions of Agreement No. 3220083 remain the same.
[SIGNATURES ON NEXT PAGE]
13 I
N WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California
Approved as to Form: Wood Rodgers, Inc.
Algeria R. Ford, City Attorney By:
Print Name: Kevin Gustorf
Approved as to Content:
Title: Vice President
Samantha C. Argabrite, City Manager By:
Print Name: Karl Meier
Johanna Medrano, Title: Principal Engineer
Deputy Administrative Services Director/
Budget & Purchasing
Ronald K. Fuchiwaki,
Public Works Director
14 EXH
IBIT “A-1”
ADDITIONAL SCOPE OF WORK
(EFFECTIVE DECEMBER 2, 2024 TO APRIL 25, 2029)
Construction Support Services:
The Consultant, or its sub- consultant, will provide the following services to support the District during the project construction activities:
1. Attend preconstruction, progress meetings and provide technical support as required.
2. Review construction contractor submittals and determine acceptability of shop drawings and material submittals for conformance with the contract, District’ standards, and design intent.
3. Support the District in responding to Requests for Information (RFI) and providing clarifications of the design intent. This assistance may include modifications to the drawings, sketches, and written descriptions.
4. Support the District in reviewing Change Order Requests from the construction contractor.
5. Conduct periodic field work observation and Inspection at the project site. Such meetings and observations will be performed as requested by the District.
6. Upon completion of the project, prepare the project record drawings based on information and red-lined drawing set provided by the construction contractor. The record drawings will be provided to the District in both AutoCAD and pdf format.
15 EXH
IBIT “B-1”
AMENDED SCHEDULE OF FEES
(EFFECTIVE DECEMBER 2, 2024 TO APRIL 25, 2029)
16 FEE
SCHEDULE
CLASSIFICATION STANDARD RATE
Principal Engineer/Geologist/Surveyor/Planner/GIS/LA* II $360 Principal Engineer/Geologist/Surveyor/Planner/GIS/LA* I $315 Senior Engineer/Geologist/Surveyor/Planner/GIS/LA* II $295 Senior Engineer/Geologist/Surveyor/Planner/GIS/LA* I $285 Project Engineer/Geologist/Surveyor/Planner/GIS/LA* II $265 Project Engineer/Geologist/Surveyor/Planner/GIS/LA* I $250 Engineer/Geologist/Surveyor/Planner/GIS/LA* II $240
Engineer/Geologist/Surveyor/Planner/GIS/LA* I $230
Assistant Engineer/Geologist/Surveyor/Planner/GIS/LA* $200 Designer $105
Senior CAD Technician/Graphics Designer II $220
Senior CAD Technician/Graphics Designer I $205
CAD Technician/Graphics Designer $180
Project Coordinator $190
Administrative Assistant $170
Construction Manager $360
1 Person Survey Crew $260
2 Person Survey Crew $370
3 Person Survey Crew $470
Consultants, Outside Services, Materials & Direct Charges Cost Plus 10% Overtime Work, Expert Witness Testimony and Preparation Rate Plus 50% *LA
= Landscape Architect
Blueprints, reproductions, and outside graphic services will be charged at vendor invoice. Auto mileage will be charged at the IRS standard rate, currently 67 cents per mile. 17