AGR-6921.1 - WILLDAN GROUP INC - FIRST AMENDMENT TO ON-CALL TRAFFIC ENGINEERING SERVICES - SEPT 17, 2020R qa1 .1
FIRST AMENDM NT
TO
PROFESSIONAL SERVIC S AGREEMENT
On-Call Traffic Engineering Services]
THIS FIRST AM NDM NT TO PROF SSIONAL SERVICES AGI2EEMENT(the
First Amendment") is made and entered into as of be.r '7 ,2020, by and between the
CITY OF ORANGE, a municipal corporation ("City"), and WILLDAN GROUP, INC., a
California("Contractor"),with reference to the following:
A. City and Contractor entered into a Professional Services Agreement (Agreement
No, 6921) dated as of December 10, 2019, which is incorparated herein by this reference (the
Original Agreexnent"); and
B. City and Contractor desire to amend the Original Agreement to modify, amend and
supplement certain portions of the Original Agreement by revising the scope of work and
increasing the compensation.
NOW, TH REFORE, the parties hereby agree as follows:
Section l. Defined Terms. Except as otheitivise defined herein, all capitalized terms
used herein shall have the meanings set forth for such ternis in the Original Agreement.
Section 2. Cross-References. City and Contractor agree that all references in this
First Amendment are deemed and construed to refer to the Original Agreement, as implemented
by this First Amendment.
Section 3 Revised Seone of Serviees. The Scope of Services, Section 1, E;chibit A
of the Original Agreeinent,is hereby amended,modified and supplemented to include the seivices
described on Exhibit A attached hereto and incorporated herein by this reference.
Section 4 Comnensation. The total not-to-exceed compensation for the services to
be rendered as set forth in Section 2.a of the Original Agreement is increased by THREE
THOUSAND DOLLARS and 00/100($3,000.00)and Section 2.a is hereby amended in its entirety
to read as follows:
Contractor's total compensation for all services performed under this Agreement,
shall not exceed SIXTY-FIVE THOUSAND SEVEN HUNDRED TWENTY-
FOUR DOLLARS and 00/100 ($65,724.00) without the prior written authorization
of City."
Section 5. Authoritv of Citv Manager. Pursuant to Section 3.08.430 of the Orange
Municipal Code, the City Manager is authorized to approve and execute amendments to the
Contract to adjust the compensation as provided herein.
Section 6. Inte ration. This First Amendmetlt amends, as set forth herein, the
Original Agreement and, except as specifically amended hereby, the Originll Agreement shall
remain in full force and effect. To the extent that there is any conflict or inconsistency between
the terms and provisions of this First Amendment and the terms and provisions of the Original
Agreement, the terms and provisions of this First Amendment shall control and govern the rights
and obligations of the parties.
IN WITNESS of this Agreement,the parties enter into this Ab eement on the year and day
first above written.
CONTRACTOR" CITY"
WILLDAN GROUP, INC.,CITY OF ORA.NGE, a municipal corporation
a California corporation
By: By:
Printed Name: Vanessa Munoz O , City Manager
Title: Vice President
By: APPROVED AS TO FORM:
Printed Name: f u—.T/
Title:
Mary E. Bi ing
Senior Assi tant City Attorne
NOTE:Tf Contractor is a corporation,tl e City requires the following signature(s):
1) the Chairman of the Board, tlie President or a Vice-President, AND (2) the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an
Assistant Treasurer. Tf only one corporate officer exists or one corporate officer holds
more than one corporate office,please so indicate. OR
The corporate.officer named in a corporate resolution as authorized to enter
into this Agreement. A copy of the corporate resolution, certi ed by the
Secretary close in time to the execution of the Agreement,must be provided to
the City.
2
EXHIBIT "A"
SUPPLEMENTAL SCOP OF SERVIC S
Behind this page.]
City of Orange
November 7, 2019
Page 9
Exhibit A—Cost Breakdown
CITY OF ORANGE
FEE PROPOSAL
FOR
C NSTRUCTION MANAGEMENT SERVICES, INSPEC114N, LABOR COMPLIANCE AND FUNDING
A DMINISTRAl10N SERVICES
FOR THE HSIP TRA FIC SIGNAL ItIIIPROVEMENTS AT GLASSELL STREETAND UVALNUTAVENUE &
CHAPMAN AVENUE AND JA MES STREET
PROJECT MANAGER! LABOR
TOTALCONSTRUCTIONFUNDING
TASKlCLASSIFICATION CONSTRUCTION COMPLIANCE MATERIAL TOTAL
MANAGER
INSPECTOR
pNAGER
AdMINISTRATOR pBOR
TESTING COST
HOURS
HOURLY RATE: 5769 511fi S150 2i13
TOTALS
PRECONSTRUCTION SERVICES 16 0 0 0 16 0 2,704
CON STRUCTION MANAGEMENT 192 0 0 0 192 0 32,448
CON STRUCTION IN SPECTION 0 0 0 0 0 0 0
LABOR COMPLIANCE D 0 44 0 44 0 6,fi00
FUNDING AQMINISTRATION 12 0 0 80 92 0 18,268
POSTCONSTRUCTION SERVICES 16 0 0 0 16 0 2,704
TOTALS 236 0 44 80 360 30 62,724
This not-to-exceed fee is based on an estimated 90 w orking day contract.Addtional servi s needed beyond the contract specified date of completion wi be providecf on a time nd-
material basis at'Nilldan's standard hourry rates.
COMPREHENSIVE. INNOVATIVE. TRUSTED. ; ; _
SUPPLEMENTAL SCOPE OF SERVICES
Independent Quality Assurance Testing" pursuant to the City's QAP.
eT'——
W I LLDAN
November 7, 2019
Chris Cash
Public Works Director
City of Orange
300 E Chapman Avenue
Orange, CA 92866
Subject:HSIPL-5073 (078) Glassell Street and Walnut Avenue Left Turn Signal
Modification (SP-3867) $ HSIPL-5073 (080) Chapman Avenue and James
Street Left Turn Signal Modification (SP-3869)
Dear Mr. Cash:
Willdan Engineering is pleased to submit this proposal to provide professional construction
engineering services for the subject project. Our firm has nearly 55 years of experience providing
similar services to client cities throughout California, including Orange County cities such as City
of Brea, Laguna Niguel, Lake Forest, Los Alamitos, Placentia, Tustin, Yorba Linda, and the
Western United States.
Willdan will provide a staffing professional who is committed to providing the City with top-quality
service. Willdan maintains a large pool of qualified construction managers and public works
inspectors that have a wide range of experience with both state- and federally-funded projects.
Serving public agencies is the cornerstone of Willdan's business. Willdan's proposed staff
members are experienced in working together as an integral part of municipal agency's
improvement projects and can provide exemplary staff for the City's role requests.
Willdan's proposed Construction Manager and Project Manager,
Clrt-rs Baca, RCI, CESSWIMr. Chris Baca, RCI, CESSWI, has over 36 years of extensive
experience in construction management of large-scale public Dit ectot-of Consti-tcctio z
works projects. Mr. Baca will supervise, manage, and coordinate 'ICtf1Q'E?i'71P11f Cl1tCJ II7S 7C'C1101'1
field personnel and their activities to ensure that all project (562) 3b4-b'19b'
requirements are met. He will also act as the City of Orange's cbaca cr,willdan.co n
main contact for this assignment.
Willdan's proposal includes Construction Management, As-Needed Construction Inspection
Support (City staff will serve as primary inspection), Labor Compliance, Utility Coordination, and
Funding Administration. It is our understanding the City of Orange is in need of these services to
oversee two HSIP funded turn signal modification projects. The project consists of curb, gutter,
curb ramps, cold milling, crack sealant, and asphalt concrete overlay. It is our understanding that
the City would like to minimize public inconvenience and is requesting the project be phased to
maintain one 11-foot traffic lane open in each direction on Glassell Street at Walnut Avenue. It is
our understanding that the project is expected to run for 90 working days (45 days for each
project).
We are confident that our construction engineering services will provide the best advantage for
the City as you take on this important project.
Engineering and Planning Energy Efffciency and Sustainability Financial and Economic Consulting National Preparedness and Interoperability
562.908.6200 800.499.4484 fax:562.6952120 13191 Crossroads Parkway North,Suite 405,Industry,Califomia 91746-3443 www.willdan.com
City of Orange
November 7, 2019
Page 2
Per your request, we have provided a detailed scope of work and our estimated fee.
SCOPE OF WORK
Task#1 —Federal Administration '.
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1. Answer questions the City may have on the federal funding process regarding their two HSIP
Cycle 6 projects.
2. If federal funds will be used for a consultant to preform construction engineering, verify that the
City has submitted to Caltrans copies of LAPM Exhibits 10-01 Local Agency Proposer DBE
Commitment (Consultant Contracts), 10-02 Local Agency Proposer DBE Information
Consultant Contracts), and 10-C Consultant Contract Reviewers Checklist.
3. Monitor the Caltrans Local Assistance website for City projects with inactive obligations and
notify City staff.
4. Prepare LAPM Exhibit 5-A Local Agency Invoice at least once every 6 months based on the
following items provided by the City:consultant invoices,contractor's contract progress reports,
and copies of cancelled checks and submit to the Caltrans DLAE.
5. If needed, prepare and submit to the Caltrans DLAE for approval a request for post-award
adjustments to the Finance Letter prior to submitting the Final Invoice, including revised LAPM
Exhibit 3-A Project Authorization/Adjustment Request and LAPM Exhibit 17-E Change Order
Summary based on the final construction and consultant costs.
6. Prepare the following LAPM Exhibits: 17-A Federal Report of Expenditures Letter and the
Report of Expenditures Checklist based on the Statement of Working Days, 17-C Local Agen y
Final Inspection Form to initiate Caltrans' job site review and verification of completion of the
project, 17-G Materials Certificate for Resident Engineer's signature to show that the results of
the tests on acceptance samples indicate that the materials incorporated in the construction
work and construction operations controlled by sampling and testing were in conformity with
the approved plans and specifications, 5-A Local Agency Invoice, 15-M Final Detail Estimate
and Summary, and 17-E Change Order Summary based on the following items provided by the
City: consultant final invoices, contractor's final contract progress report, release of retention or
letter from Escrow, and copies of cancelled checks.
7. Submit documents to the Caltrans DLAE and attach LAPM Exhibits 17-F Final Report -
Utilization of DBE, First Tier Subcontractors and 17-0 DBE Certification Status Change to
initiate timely project closure and payment.
8. Following receipt of the final payment check from the State Controller's Office, include
documents and submittals in a Federal Funding File and make a PDF formatted file on a CD
for the City.
TASK#2;Construction Management__ _ _
1. Review contractor's safety program in consultation with City staff.
2. Through Willdan's system of project control, monitor activities related to the project such that
the project is constructed pursuant to contract documents, LAPM, and in a timely fashion.
3. Log, track, and process submittals, RFIs, RFCs, CCOs, field directives, NOPCs, Non-
Conformance Reports (NCRs), construction schedule, and detailed traffic control plan.
4. Closely review schedule and advise contractor to take action on schedule slippage.
5. Document contractor's 20-day notices, mechanic's liens, and stop notices.
COMPREHENSIVE. INNOVATIVE.TRUSTED. , °
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City of Orange
November 7, 2019
Page 3
6. Monitor and coordinate activities of design
engineering support, surveying, testing, and
work by utilities or other agencies.
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7. Prepare weekly statement of working days and Y« y i
submit to the contractor and the City. d
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8. Provide monthly progress report.
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9. Establish and conduct weekly construction a,..
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progress meetings to: i '
Resolve all old business issues to the ,,"' '"
maximum extent possible
Address all items of new business as presented by any party
Review project schedule and address any deviations
Review submittal log in terms of items needed and resubmittals required and review RFI,
RFC, CCO, NCR, and NOPC logs
List status of construction items recently undertaken or ongoing
List planned construction items for the next two weeks, usually known as the two-week
look ahead schedule
Review SWPPP issues
Review contractor's safety program
10. Prepare minutes for the weekly construction progress meeting.
11. Provide claims mitigation monitoring, including proactively applying foresight to discover
unforeseen conflicts prior to contractor encounter.
12. Evaluate and respond to the contractor's requests for clarification of plans and specifications.
13. Ensure that all questions, conflicts, and issues are immediately brought to the City's attention
and addressed with appropriate directives to the contractor.
14. Conduct special site meetings, when necessary, with the contractor and City staff to review
job progress, scheduling, and coordination.
15. Perform quantity, time, and cost analyses required for negotiation of contract changes.
16. Negotiate and prepare change orders, including memorandum of explanation and cost
estimates to substantiate change order costs, and provide to City for review.
17. Monitor and perform immediate and thorough analysis of validity of all potential claims that
arise.
18. Maintain all data for change orders and record information with regard to the time of dispute,
time of notification by the contractor, and action taken by the inspector.
19. Monitor materials documentation and testing results and enforce corrections.
20. Review for approval the contractor's progress payment requests, including verifying LAPM
compliance status and impact on payment; negotiate differences over the amount with the
contractor; and process payments through the City's Project Manager.
A__--.____.._.___
TASK#3-Public Works_Inspection___ ._
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1. Review plans, specifications, and all other contract-and construction-related documents.
COMPREHENSIVE. INNOVATIVE.TRUSTED. , `
City of Orange
November 7, 2019
Page 4
2. Conduct a field investigation of the project area to become familiar with the existing facilities
and the project environment.
3. Become familiar with traffic control plans, construction schedule, construction sequence, and
permit requirements from other agencies.
4. Assist with the reimbursement requests for the Project.
5. Verify that the contractor conforms to the design survey line and grades.
6. Attend weekly progress meetings with the resident engineer, contractor, and subcontractors.
7. Provide full-time and as-needed construction inspection, including night inspection, of the work
to monitor materials and methods for compliance with plans, specifications, and contract
documents; address and document non-conforming items as they are discovered.
8. Monitor compliance with Cal OSHA requirements and compliance with all local, state, and
federal regulations. Although Willdan will monitor the activities, it is the contractor's sole
responsibility to provide workers with a safe working environment.
9. Provide City's labor compliance manager with federally-compliant labor and equipment
reports, labor classification interviews, and assist with certified payroll review.
10. Monitor compliance with the Clean Air Act and the Clean Water Act (National Pollutant
Discharge Elimination System — NPDES best management practices). Also, monitor the
contractor's compliance with approved SWPPP. Willdan will provide weekly and as-needed
BMP reports.
11. Meet with the contractor at the beginning of each day and review the proposed work plan,
including specific details that may affect progress.
12. Conduct daily measurements of quantities of work with the contractor.
13. Review actual contractor performance throughout the day and discuss discrepancies with the
contractor as they occur.
14. Ensure compliance of Underground Service Alert notification/delineation:
15. Evaluate the contractor's operation and production with respect to quality and progress and
report to the resident engineer.
16. Photograph continuous property frontages along the street alignment once prior to
construction and once immediately following construction. Maintain a photographic record of
key elements of each major operation of work each day, with increased detail in situations of
potential changes or claims.
17. Closely monitor testing results and require the contractor to provide corrective measures to
achieve compliance.
18. Maintain copies of all permits needed to construct the project and enforce special requirements
of each.
19. Prepare and maintain detailed daily diary inspector reports on construction progress.
20. Prepare clear and concise letters and memoranda, as needed. Establish a solid paper trail.
21. Maintain electronic file during construction, including a cumulative record of quantities
constructed, daily and weekly reports, working day reports, change order documentation,
photographs, and other documentation. Final file will be transmitted to City at the conclusion
of the project and daily logs will be e-mailed to the City's CM/PM at the end of each work day.
COMPREHENSIVE. INNOVATIVE.TRUSTED.
City of Orange
November 7, 2019
Page 5
22. Review the contractor's daily reports and provide comments to the City's PM/CM.
23. Assist with the review and evaluation of change order work.
24. Provide complete measurements and calculations documented to administer progress
payments.
25. Maintain and submit a clean set of plans marked in red for as-built corrections on record
drawings to be filed with the City. (City's design consultant will transfer the contractor's record
drawings to original Mylar drawings.) Red-lines to be submitted weekly to the City's PM/CM.
26. Prepare a punch list at substantial completion and follow up with the contractor regarding
progress of corrections.
27. Schedule a final inspection with the City and applicable agencies; prepare, distribute, and
inspect corrections to the final punch list for completion; and recommend final acceptance.
@_—_--_._ ____..___._____.- --- ------------e------ — --------- --- --------
Task_#4-Labor Compliance
1. Review and update federal labor compliance
components of project specifications to ensure
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adherence to current labor regulations and
requirements.
2. If applicable, attend pre-bid conference to present
general requirements of bid preparation for the ry' ,;}'
project.1
3. Verify applicable wage determination ten (10)
l,..-'
days prior to bid opening; document verification ` --
as required. If wage determination has changed
from what appears in project specifications, provide addendum and proof of receipt by plan
holders.
4. Verify eligibility of selected contractor and its subcontractors to receive contract awards by
confirming current, active license status with Contractors State License Board; current
registration with California Department of Industrial Relations; current, valid contractor's bond
and workers' compensation coverage; non-appearance on Federal List of Parties Excluded
and State Division of Labor Standards Enforcement debarment lists.
5. Attend preconstruction conference to present federal labor compliance requirements to
contractor and subcontractors; prepare minutes and attendance record thereof.
6. Verify and document job-site posting of wage rate information and labor compliance posters.
7. Receive and review labor compliance documentation from public works observers or
inspectors and compare with contractor-submitted documents. Monitor contractor-submitted
payroll documentation on a continuous basis, including weekly certified payroll reports, fringe
benefit statements, apprenticeship documentation, and payroll deduction authorizations.
8. Follow up with contractor by telephone, email, and/or certified mail regarding required
document submittals and payroll discrepancies and deficiencies. Provide detailed description
of alleged deficiencies; outline corrective action to be taken; and enforce regulatory deadlines
for compliance.
9. Receive, pursue, and document labor complaints; prepare violation reports to oversight
agencies as required; recommend special action to be taken if contractor continuously fails to
comply with requests and requirements.
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COMPREHENSIVE. INNOVATIVE.TRUSTED.
City of Orange
November 7, 2019
Page 6
10. Coordinate with City staff the withholding of progress and/or retention payments if contractor
fails to abide by labor compliance requirements.
11. Maintain content and format of federal labor compliance file in conformance with applicable
government requirements.
12. Coordinate project file reviews by authorized county, state, and federal agencies.
13. Submit complete federal labor compliance file to City for retention.
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COMPREHENSIVE. INNOVATIVE.TRUSTED. `
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City of Orange
November 7, 2019
Page 7
Willdan Proposed_Staff
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Although overall firm credentials and experience are important, the key to success on any
assignment is the caliber and depth of experience, as well as the overall professionalism of the
specific individuals assigned to the project.
Mr. Chris Baca, RCI, CESSWI, will serve as Construction Manager and Project Manager. He
will be responsible for implementing our proposed services. Mr. Baca has extensive experience in
the construction management of large-scale public works projects. Mr. Baca will supervise,
manage, and coordinate field personnel and their activities to ensure that all project requirements
are met. He supervises a staff of 39 full-time managers/observers and a number of on-call
observers; he will monitor the activities of the construction management team assigned to this
project to ensure that project construction files and documentation are complete. Mr. Baca has
over 36 years of public works experience.
Mr. Victor Ayala will serve as Construction Inspector. His experience includes over 41 years of
public works construction — specializing in traffic signal and fiber optic inspections. Mr. Ayala's
extensive experience includes electrical inspections of developer/public works improvement
projects, including installations and modifications for traffic signals, controllers, fiber optics,
streetlights, and irrigation systems. In addition, he has wide-ranging expertise with civil
improvement projects, including road reconstruction/rehabilitation inspections involving asphalt-
rubber hot-mix overlays, conventional asphalt overlays, sidewalks, curbs and gutters, curb ramps
and driveways, grading, paving, storm drains, sanitary sewers, and beautification with raised
landscape medians and decorative parkway renovations. He is a licensed C-10 electrical contractor
and is certified by the Air Quality Management District for fiber optic theory.
Mr. Edward Cox will serve as Utility Coordinator. Mr. Cox possesses over 39 years of public
works inspection and utility coordination experience. Prior to joining Willdan, Mr. Cox held a
position organizing and implemented construction projects. Mr. Cox performed as a project
manager and site superintendent and also supervised full-time and part-time employees.
Ms. Diane Rukavina, PE, will serve as Funding Administrator. Ms. Rukavina has 38 years of
experience in municipal engineering with over 23 years of experience preparing and submitting
documentation to Caltrans for federal- and state-funded projects. Presently, she administers
Willdan's Federal/State Funding Program with projects in the Cities of Azusa, Bell, Cudahy,
Downey, Inglewood, La Puente, Paramount, Pico Rivera, Rialto, Ridgecrest, San Fernando,
Temecula, West Covina, and Westlake Village. Ms. Rukavina has processed over 210 federally-
and state-funded projects (ATP, STPL, TEA-21, SAFETEA-LU, ARRA, HSIP, TCSP, ER, CMAQ,
SRTS, SSARP, and SR2S) from request for authorization to final invoicing for 37 cities. She is
adept at handling multiple funding projects and is currently coordinating 42 funding projects in
various stages of the funding process.
Ms.Jane E. Freij will serve as Labor Compliance Manager. Ms. Freij has 25 years of experience
and is a well versed Administrative/Project Manager with a proven record of profitability achieved
through comprehensive and effective management of time and budget. Key areas of expertise
include project needs analyses, scheduling and budgeting, contract administration/negotiation,
legal documentation, policy and procedure development, and writing and editing. As a Supervising
Labor Compliance Manager, Ms. Freij provides oversight of labor compliance monitoring services
for various federally-funded projects under FHWA, FTA, HUD, and EPA. She is familiar with the
FHWA federal funding administration process from field review and request for authorization to final
invoicing and has specialized training in reporting requirements and fraud detection and prevention
procedures for construction projects.
COMPREHENSIVE. INNOVATIVE.TRUSTED. ' `,
City of Orange
November 7, 2019
Page 8
w.._____ _.. _---_.. __ ____._ _._ __._____, _ _ __ _.___._----__________- - ------- - --- --- ------ - -.___._--
FEE
Our proposed not-to-exceed fee for the Scope of Work identified above is $62,724.00 based upon
an approximate 90 working day contract. Hours for Construction Inspection will be billed $116/per
hour and will be provided on a time-and-material basis as requested by the City.
Our cost breakdown is attached in Exhibit`A'.
Thank you for this opportunity to be of continuing service to the City of Orange. We recognize the
importance of this project to the City and are committed to realizing its timely and successful
completion. Should you have any questions regarding this proposal, please contact Mr. Chris Baca
at(562) 364-8198.
Respectfully submitted,Approval and Authorization to Proceed By:
WILLDAN ENGINEERING CITY OF ORANGE
L A'`J-c-a--
Chris Baca, RCI, CESSWI
Director of Construction Management
and Inspection Slgnature
Date
Enclosure—Cost Breakdown
910005\06-150\P 19-334 17806
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COMPREHENSIVE. INNOVATIVE.TRUSTED. ' ,