Agenda packet — Economic Development Committee, March 7, 2022

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www.modestogov.com
AGENDA
City of Modesto

ECONOMIC DEVELOPMENT COMMITTEE / COUNCIL

WORKSHOP
Held Via Teleconference
(To Access Meeting Please See Instructions Below)
Monday, March 07, 2022 at 5:30 PM
*Roll Call: Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
David Wright, Member
Alternates: Rosa Escutia-Braaton, Jenny Kenoyer, Tony Madrigal, Bill Zoslocki * Please Note: In order to respond to COVID-19, and pursuant to AB 361, the City will hold this meeting via teleconference and Committee Members will be calling in.

THIS MEETING WILL NOT BE PHYSICALLY OPEN TO THE PUBLIC
In order to minimize the spread of the COVID-19 virus, this meeting will be conducted pursuant to AB 361, which amended the Brown Act’s teleconferencing provisions and will not be physically open to the public. You may observe and participate in the meeting via teleconference as indicated below.

PARTICIPATING IN COMMITTEE MEETINGS IN CONFORMANCE
WITH AB 361
The City of Modesto is providing alternatives to observe and participate in Committee meetings.

If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee Members and placed in the record, but will not be read aloud during the meeting. Written comments must be received by 4:00 p.m. on the day of the meeting. - 1 -
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VIRTUAL PARTICIPATION BY ZOOM VIDEO

CONFERENCING AND TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
 Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
 Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
 Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.

Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can participate by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
Providing Public Comment on Zoom and by Telephone
The Committee Chairman will request public comment during the Public Comment periods on the meeting agendas and during each Regular Calendar Item on the Committee Agenda. Once the Chairman has announced the public comment period, please do one of the following.

USING A COMPUTER OR SMART PHONE APP:
 Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
 City staff will unmute your microphone when it is your turn to provide public comment.
 A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.

USING A REGULAR PHONE (not using a computer or smart phone APP):
 Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
 City staff will unmute your microphone when it is your turn to provide public comment.
 You will hear “you are unmuted” and then you will have three minutes to provide public comment.
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 Once your public comment has ended, you will be muted again.  If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.

Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643
Council has not delegated directive or final approval authority to the Committees. Committee actions are recommendations to the full City Council, not final decisions on an issue. This meeting is also noticed as a City Council workshop.

PUBLIC COMMENTS
Please refer to special public comment instructions above.

Three minute time limit per speaker
Only interested persons in the audience may present these matters. Under State law, Committee members may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Committee member or the Committee itself may take action to direct staff to place a matter of business on a future agenda.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED:

Information concerning the consent items listed below has been forwarded to each Committee member prior to this meeting for study. Unless some member of the audience or Committee member has a question concerning an item and asks that it be withdrawn from the consent list, the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item.

Any and all of the following agenda items are subject to action by the Modesto City Council.

This Agenda is on file at the Modesto-Stanislaus Library Reference Room, 1500 I Street, Modesto, in the City Clerk’s Office, Sixth Floor, 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto - 3 -
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website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

CONSENT
An item may be removed from consent and discussed at the request of an audience member or Committee member.

Consent

1. Consider authorizing submittal of an Active Transportation Program Grant application in the amount of $6,985,000 for the Encina Avenue and Lincoln Avenue Pedestrian/Bicycle Trail Corridor Project and forwarding to Council for approval. (Funding Source: State of California ATP Grant and Local Funds – Measure L) CED; Michael Sacuskie, 209-271-5552, [email protected] Consent

2. Consider accepting a Highway Safety Improvement Program (HSIP) Grant in the amount of $100,350 for the installation of Pedestrian Hybrid Beacons at Standiford/Longbridge and Sylvan/Bridgeford project, amending the Fiscal Year 2022/23 Capital Improvement Budget and forwarding to Council for approval. (Funding Source: Highway Safety Improvement Program (HSIP) grant (90%) and Local Funds – Measure L (10%))
CED; Phillip Soares, 209-577-5258, [email protected] Consent

3. Consider accepting a Highway Safety Improvement Program (HSIP) Grant in the amount of $147,510 for the Oakdale Road from Lancey Drive to Celeste Drive Improvements project, amending the Fiscal Year 2021/22 Capital Improvement Program Budget and forwarding to Council for approval. (Funding Source: Highway Safety Improvement Program (HSIP) grant (90%) and Local Funds – Measure L (10%))
CED; Phillip Soares, 209-577-5258, [email protected] Consent

4. Consider approving a First Amendment to the Agreement with Associated Engineering Group, Inc. for additional Professional Engineering Design services for the Hetch Hetchy and Claratina Avenue Structural Crossing Project, increasing the Agreement amount by $59,795 from $147,845.50 to a new total amount of $207,640.50, and forwarding to Council for approval. (Funding Source: Local Capital Facilities Fees) CED; Phillip Soares, 209-577-5258, [email protected] - 4 -
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Consent

5. Consider approving a third one-year extension option for the Purchasing Agreement for Hot Patch work with United Pavement Maintenance, Hughson, CA., for an estimated annual amount of $3,906,500 and forwarding to Council for approval. (Funding Source: Water Funds 4100 and 4180, Wastewater Fund 4210, and Stormwater Fund 4480)
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
Consent

6. Consider approving a first amendment with Sun Valley Transport, Inc., for the hauling of non-hazardous brine services, to increase the amount by $208,910 from $458,915, for a new total amount not to exceed $667,825 over five years and forwarding to Council for approval. (Funding Source: Water Fund)
UTILITIES; Jeff Daniels, 209-342-4585, [email protected]

UNFINISHED BUSINESS

7. Consider approving a Fifth Amendment to the professional design services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project with Dokken Engineering, increasing the Agreement amount by $89,227 from $9,155,998 to a total not to exceed amount of $9,245,225, and forwarding to Council for approval. (Funding Source: Regional Measure L)
CED; John Rawles, 209-577-5253, [email protected]

MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the Committee and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.

ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

March 7, 2022
March 2, 2022
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
David Wright, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Active Transportation Program Grant Application (Cycle 6) CONTACT: Michael Sacuskie, Associate Traffic Engineer, [email protected], (209) 571-5552
DESCRIPTION:

Consider authorizing submittal of an Active Transportation Program grant application in the amount of $6,985,000 for the Encina Avenue and Lincoln Avenue Pedestrian/Bicycle Trail Corridor Project and forwarding to Council for approval. (Funding Source: State of California ATP Grant and Local Funds – Measure L)
STRATEGIC PLAN ELEMENT:

This item is consistent with the City of Modesto 2020-2025 Strategic Goal D, “Ensure Safe, Efficient, and Reliable Infrastructure.”
BACKGROUND:

The State Active Transportation Program1 (ATP) was created by Senate Bill 99 (Chapter 359, Statutes of 2013) and Assembly Bill 101 (Chapter 354, Statutes of 2013) to encourage increased use of active modes of transportation, such as biking and walking.

Pursuant to the statutes, the goals of the Active Transportation Program are to:
 Increase the proportion of trips accomplished by biking and walking.  Increase the safety and mobility of non-motorized users.  Advance the active transportation efforts of regional agencies to achieve greenhouse gas reduction goals as established pursuant to Senate Bill 375 (Chapter 728, Statutes of 2008) and Senate Bill 391 (Chapter 585, Statutes of 2009). 1 Active Transportation Plan - https://dot.ca.gov/programs/local-assistance/fed-and-state-programs/activetransportation-program #1..
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Economic Development Committee, March 7, 2022
Active Transportation Program Grant Application (Cycle 6)

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 Enhance public health, including reduction of childhood obesity through the use of programs including, but not limited to, projects eligible for Safe Routes to School Program funding.
 Ensure that disadvantaged communities fully share in the benefits of the program.  Provide a broad spectrum of projects to benefit many types of active transportation users.

DISCUSSION:

Staff is seeking approval to apply for competitive State ATP Cycle 6 grant funding for a proposed 2.6-mile pedestrian/bicycle path East-West along Encina Avenue from N. Conejo Avenue to Lincoln Avenue and North-South along Lincoln Avenue from Dry Creek Trail to Yosemite Boulevard. All improvements are planned to be within public right-of-way with no anticipated land acquisition required.

On March 4, 2021, Measure L funds were discussed and recommended by the Citizens’ Transportation Sales Tax Commission for the local match.

FISCAL IMPACT:

The project, if selected by competitive means, would be funded by the State ATP Cycle 6 grant monies and would require up to a 20% local match. Local Measure L funds from the bicycle/pedestrian funding category could be used as the local match. This was discussed with the Citizens’ Transportation Sales Tax Commission at their March 4, 2021 meeting. The Commission had overwhelmingly positive feedback regarding the proposed project and the use of local Measure L funds as the source of match money. A reduced amount of match funding could be recommended; however, it would reduce the point value of the application and therefore make the application less competitive.

The Cycle 6 Grant funds are scheduled to be available in State Fiscal Year 2022-23 for design and State Fiscal Year 2024-25 for construction. (See chart below) EXPENSES ATP Funding Measure L Total Anticipated Start Date EDA - Eng/Design/Admin $480,000 $120,000 $600,000 Spring 2023 Con - Construction $4,500,000 $1,000,000 $5,500,000 Summer 2025 CTGY - Contingency - CIP $305,000 $140,000 $445,000 Summer 2025 CA - Construction Admin $300,000 $140,000 $440,000 Summer 2025 Total $5,585,000 $1,400,000 $6,985,000
Approved by:

Jaylen French, Director of CEDD
Joseph P. Lopez, City Manager
Attachments

1. Grant Application – Pre-Approval Form
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

March 7, 2022
Date: March 2, 2022
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
David Wright, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Highway Safety Improvement Program (HSIP) Grant Acceptance CONTACT: Phillip Soares, Senior Civil Engineer, [email protected], 209-577-5258 DESCRIPTION:

Consider accepting a Highway Safety Improvement Program (HSIP) Grant in the amount of $100,350 for the installation of Pedestrian Hybrid Beacons at Standiford/Longbridge and Sylvan/Bridgeford project, amending the Fiscal Year 2022/23 Capital Improvement Budget and forwarding to Council for approval. (Funding Source: Highway Safety Improvement Program (HSIP) grant (90%) and Local Funds – Measure L (10%))
STRATEGIC PLAN ELEMENT:

The recommended action is consistent with the City Council’s 2020-2025 Strategic Plan, Goal D Ensure Safe, Efficient, and Reliable Infrastructure.

BACKGROUND:

On May 4, 2020, Caltrans Division of Local Assistance announced Cycle 10 Call for Projects for the HSIP program. Approximately $220 million in funds were made available with applications due by September 4, 2020.

DISCUSSION:

Following the evaluation of potential projects based on collision history along specific corridors and locations throughout the City of Modesto as part of the Systemic Safety Analysis Report (SSAR) project, an HSIP grant application was developed for the installation of pedestrian hybrid beacons, installation of pedestrian refuge islands with directional median openings, and #2..
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Economic Development Committee, March 7, 2022
Highway Safety Improvement Program (HSIP) Grant Acceptance

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high visibility crosswalks at the intersections of Standiford Avenue/Longbridge Drive and Sylvan/Bridgeford Lane.

On March 26, 2021, Caltrans provided notification that the City’s HSIP application had been selected for funding. Per Administrative Directive 7.2 Grant Management – Grant award acceptance requires Council approval based on the award requiring local match funding, or if the grant award is over $1,000,000 and no local match funding is required.

On November 29, 2021, City staff submitted a request for allocation of State funds. On December 22, 2021, Caltrans provided a letter approving the allocation and allowing work to begin for the Preliminary Engineering phase of the project.

FISCAL IMPACT:

There is no impact to the City’s General Fund associated with this action. The estimated cost of Preliminary Engineering is $111,500 with the HSIP Grant covering 90% or $100,350 and a local match of 10% or $11,150, which will come from Measure L funds, Fund 1410 – 14626 Measure L – Traffic Management.

Approved by:

Jaylen French, Director of CEDD
Joseph P. Lopez, City Manager
Attachments:

1. Letter approving allocation of Preliminary Engineering funds #2..
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STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TTY 711
File : 10-STA-0-MOD
HSIPSL-5059(254)
The intersections of Standiford
Ave. with Longbridge Dr. and December 22, 2021 Sylvan Ave. with Bridgeford Ln.

Mr. Joe Lopez
City Manager
City of Modesto
1010 Tenth Street, Suite 6100
Modesto, CA 95353
Dear Mr. Lopez:

Your letter dated November 29, 2021 requested an allocation of State funds from the Highway Safety Improvement Program (HSIP) project (project location: The intersections of Standiford Ave. with Longbridge Dr. and Sylvan Ave. with Bridgeford Ln.). The State hereby makes the allocation in the amount of $100,350.00 of State funds for Preliminary Engineering phase of this project effective December 22, 2021. You may now proceed with the Preliminary Engineering phase of the project.

Any work for the Preliminary Engineering phase that has been approved for funding and is performed after this date will be eligible for reimbursement. Please refer to the Finance Letter for the complete approved funding of all phases for this project.

This Office will soon send you a Program Supplement Agreement for execution, along with a Master Agreement if one has not been executed. Please do not submit invoices for this project until the agreements are fully executed by both you and the State.

Invoices are to be submitted at a minimum of every six (6) months in order to remain active.

If you have any questions, please contact your District Local Assistance Engineer.

Sincerely,
FELICIA HASLEM, Chief
Office of Project Implementation - North
Division of Local Assistance
c: DLA AE Project Files
(10) DLAE - Parminder Singh
Local Program Accounting
HQ HSIP Manager - Richard Ke
for
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

Consider accepting a Highway Safety Improvement Program (HSIP) Grant in the amount of $147,510 for the Oakdale Road from Lancey Drive to Celeste Drive Improvements project, amending the Fiscal Year 2021/22 Capital Improvement Program Budget and forwarding to Council for approval. (Funding Source: Highway Safety Improvement Program (HSIP) grant (90%) and Local Funds – Measure L (10%))
STRATEGIC PLAN ELEMENT:

The recommended action is consistent with the Council’s Strategic Commitments: “Vibrant Infrastructure & Sustainable Environment”, to strengthen and maintain a safe infrastructure of city roads, water supply, storm sewers, transit and airport needs for residents, businesses and visitors.

BACKGROUND:

On June 23, 2020, by Resolution #2020-293, the City Council approved the submittal of grant applications to the California Department of Transportation for Highway Safety Improvement Program (HSIP) funds.
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Economic Development Committee, March 7, 2022
Highway Safety Improvement Program (HSIP) Grant Acceptance

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DISCUSSION:

Following the evaluation of potential projects based on collision history along specific corridors and locations throughout the City of Modesto as part of the Systemic Safety Analysis Report (SSAR) project, an HSIP grant application was developed for the Oakdale Road Phase 1 project from Lancey Drive to Celeste Drive. The scope of the project will consider the installation of the following: pedestrian hybrid beacon, leading pedestrian intervals at signals, blank-out no right turn signals/signage, directional median, high visibility crosswalks, median refuge islands, and some Americans with Disabilities Act (ADA) improvements.

On March 26, 2021, Caltrans provided notification that the City’s HSIP application had been selected for funding. Per Administrative Directive 7.2 Grant Management – Grant award acceptance requires Council approval based on the award requiring local match funding or if the grant award is over $1,000,000 and no local match funding is required.

On November 29, 2021, City staff submitted a request for allocation of State funds. On December 22, 2021, Caltrans provided a letter approving the allocation and allowing work to begin on the Preliminary Engineering phase of the project.

FISCAL IMPACT:

Estimated cost of Preliminary Engineering - $163,900
- HSIP Grant (90%) - $147,510
- Local Match (10%) - $16,390
Local match funding from Fund 1410 – 14626 Measure L – Traffic Management where sufficient funds are available.

Approved by:

Jaylen French, Director of CEDD
Joseph P. Lopez, City Manager
Attachments:

1. Letter approving allocation of Preliminary Engineering Funds #3..
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STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TTY 711
File : 10-STA-0-MOD
HSIPSL-5059(255)
Oakdale Road: Phase 1.

Oakdale Road from Lancey December 22, 2021 Drive to Celeste Drive.

Mr. Joe Lopez
City Manager
City of Modesto
1010 Tenth Street, Suite 6100
Modesto, CA 95353
Dear Mr. Lopez:

Your letter dated November 29, 2021 requested an allocation of State funds from the Highway Safety Improvement Program (HSIP) project (project location: Oakdale Road: Phase 1. Oakdale Road from Lancey Drive to Celeste Drive.). The State hereby makes the allocation in the amount of $147,510.00 of State funds for Preliminary Engineering phase of this project effective December 22, 2021. You may now proceed with the Preliminary Engineering phase of the project. Any work for the Preliminary Engineering phase that has been approved for funding and is performed after this date will be eligible for reimbursement. Please refer to the Finance Letter for the complete approved funding of all phases for this project.

Invoices are to be submitted at a minimum of every six (6) months in order to remain active.

If you have any questions, please contact your District Local Assistance Engineer.

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

March 7, 2022
Date: March 2, 2022
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
David Wright, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Hetch Hetchy and Claratina Avenue Structural Crossing Project CONTACT: Phillip Soares, Senior Civil Engineer, [email protected], 209-577-5258 DESCRIPTION:

Consider approving a First Amendment to the Agreement with Associated Engineering Group, Inc. for additional professional engineering design services for the Hetch Hetchy and Claratina Avenue Structural Crossing Project, increasing the Agreement amount by $59,795 from $147,845.50 to a new total amount of $207,640.50, and forwarding to Council for approval. (Funding Source: Local Capital Facilities Fees)
STRATEGIC PLAN ELEMENT:

The recommended action is consistent with the City Council’s 2020-2025 Strategic Plan, Goal D Ensure Safe, Efficient and Reliable Infrastructure.

BACKGROUND:

During preliminary design of the Hetch Hetchy and Claratina Avenue Structural Crossing project, a utility conflict was identified with Hetch Hetchy water transmission lines along Claratina Avenue just east of McHenry Avenue. Hetch Hetchy has prior property rights within this area and is governed by the San Francisco Public Utilities Commission.

To widen Claratina Avenue above the water transmission lines, the City must coordinate design with the Hetch Hetchy utility crossing and meet all the requirements and conditions imposed by the San Francisco Public Utilities Commission. The Infiniti dealership development adjacent to the proposed project also had a utility conflict with the Hetch Hetchy and the process to complete the work was very complicated, time consuming, and costly. Associated Engineering Group, Inc. was the design firm hired by the developer of the Infiniti dealership to coordinate and complete the work adjacent to the Hetch Hetchy utilities. #4..
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Economic Development Committee, March 7, 2022
Hetch Hetchy and Claratina Avenue Structural Crossing Project

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The City determined that a structural crossing would be required based on preliminary discussions with Hetch Hetchy and the structural design required for the adjacent Infiniti dealership development. The structural crossing is required to complete the Claratina Avenue widening between McHenry Avenue and Coffee Road. This work within the Hetch Hetchy area requires specialized expertise and will be time consuming and costly; therefore, staff created a separate Project #100945 for the Hetch Hetchy and Claratina Avenue Structural Crossing project.

Based on the complexity of structural crossing with Hetch Hetchy, on April 26, 2016, by Resolution No. 2016-166, Council approved an agreement with Associated Engineering Group, Inc., for professional engineering design services and utility coordination for the Hetch Hetchy and Claratina Avenue Structural Crossing project.

DISCUSSION:

Associated Engineering has completed several tasks including: topographic services, geotechnical work, civil engineering design and preparation right of way legal descriptions and plat maps for property acquisitions and easements. Additional tasks remaining to be completed include: finalizing the required structural section with Hetch Hetchy, completion of civil engineering design, and construction document package processing.

An Amendment to the Agreement with Associated Engineering is required to be able to complete additional required services, which are currently outside the scope of the agreement.

Due to the size of the proposed structure, there is an impact on adjacent properties; therefore, additional services include preparation of plans, specifications and bidding support for the demolition of an existing residential structure that is to be acquired with this project, preparation of temporary construction easements for the residential structure, and continued and additional support services during design review.

On February 8, 2022, Associated Engineering submitted a proposal for the additional scope required for the Design phase of the Hetch Hetchy and Claratina Avenue Structural Crossing project in the amount of $59,795. Staff has reviewed the proposal and recommends approving a First Amendment to Agreement with Associated Engineering Group, Inc.

FISCAL IMPACT:

Funding for the First Amendment is available in the current FY 2021-2022 Capital Improvement Program budget in Account:
100945 - Streets Capital Facility Fee Fund - 3410 “Hetch-Hetchy and Claratina Structural Crossing”
ANTICIPATED PROFESSIONAL DESIGN SERVICES EXPENDITURES:

Design Services Agreement – Associated Engineering Group, Inc. $134,405.00 (plus 10% additional services, if needed) $ 13,440.50
Proposed First Amendment to Agreement $ 59,795.00
Total Design Services Agreement – Associated Engineering Group, Inc. $207,640.50 #4..
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Economic Development Committee, March 7, 2022
Hetch Hetchy and Claratina Avenue Structural Crossing Project

Page 3 of 3 ends

Approved by:

Jaylen French, Director of CEDD
Joseph P. Lopez, City Manager
Attachments:

1. First Amendment

2. Exhibit A-1

3. Original Agreement – Associated Engineering Group, Inc. #4..
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-1- City of Modesto
First Amendment to Agreement for Design Services dated April 26, 2016 Hetch Hetchy and Claratina Avenue Structural Crossing

FIRST AMENDMENT TO AGREEMENT FOR DESIGN SERVICES

FOR HETCH HETCHY AND CLARATINA AVENUE STRUCTURAL CROSSING This First Amendment to Agreement for Design Services is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and ASSOCIATED ENGINEERING GROUP, INC., a California Corporation (“Consultant”), entered into by the parties on the 26th day of April, 2016, hereinafter referred to as “Original Agreement”.

This First Amendment to Agreement for Design Services is made with regard to the following recitals:

A. The Original Agreement between City and Consultant was approved via Council Resolution No. 2016-166.

B. Paragraph no. 9 “AMENDMENTS” on page 5 of the Original Agreement for Design Services states “that it may become desirable or necessary during the execution of this Agreement. for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.”.

C. Paragraph no. 3 “COMPENSATION” on pages 2-3 of the Original Agreement for Design Services specifies the total compensation sum of ONE HUNDRED FORTY-SEVEN THOUSAND, EIGHT HUNDRED FORTY-FIVE AND 50/100 DOLLARS ($147,845.50), inclusive of additional services, to Consultant for performing all services and furnishing all staffing and materials called for in Exhibit “A” under this Agreement.

D. On or about February 8, 2022, at the City’s request, Consultant submitted to City a budget augmentation for additional tasks in excess of the $147,845.50 authorized in the Original Agreement, attached hereto as Exhibit “A-1” to this First Amendment . #4..
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-2- City of Modesto
First Amendment to Agreement for Design Services dated April 26, 2016 Hetch Hetchy and Claratina Avenue Structural Crossing E. The estimated additional tasks result in increased costs as follows:

1. Plans, Specifications and Bidding Support for Demolition of Existing Residential Structure: $8,600

2. Temporary Construction Easement Preparation (residential structure only): $2,375

3. Project Support Services During Design Review: $41,820

4. Additional as Directed Technical Services: $7,000
F. The aforementioned estimated additional tasks increase the amount of the Original Agreement by FIFTY-NINE THOUSAND, SEVEN HUNDRED NINETY-FIVE AND 00/100 DOLLARS ($59,795.00). The amounts listed above are the estimated level of effort for each task. In no case shall the total fee exceed the total contract amount under the Original Agreement and this First Amendment to Agreement without memorializing an additional written amendment to the original contract and must be signed by both parties.

G. The parties to the Original Agreement and to this First Amendment to Agreement now understand and agree that it is necessary to modify paragraph no. 1 entitled “SCOPE OF SERVICES” on page 1 of the Original Agreement.

H. The parties to the Original Agreement and to this First Amendment to Agreement now understand and agree it is necessary to modify paragraph no. 3 entitled “COMPENSATION” on pages 2-3 of the Original Agreement.

I. The parties to the Original Agreement and to this First Amendment to Agreement further understand and agree the Original Agreement is modified solely by the modifications contained in this First Amendment to Agreement and in no other way whatsoever.

All other terms and conditions contained in the Original Agreement remain the same. #4..
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-3- City of Modesto
First Amendment to Agreement for Design Services dated April 26, 2016 Hetch Hetchy and Claratina Avenue Structural Crossing NOW, THEREFORE, in consideration of this First Amendment to Agreement, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Design Services and this First Amendment to Agreement, the parties agree as follows:

1. The parties agree that each of the recitals set out above is factually true and correct.

2. Paragraph 1 entitled “SCOPE OF SERVICES” on page 1 of the Original Agreement shall be deleted in its entirety and the parties agree to and hereby do substitute the following in its place:

SCOPE OF SERVICES.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the Original Agreement and referred to therein as Exhibit “A” or “Project”. In addition, Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the First Amendment to Agreement and referred to herein as Exhibit “A-1”.

The Consultant shall perform the services as described in the aforementioned Exhibit “A” and Exhibit “A-1” in a manner compatible with the standards of its profession and shall produce a fully complete project as described in Exhibit “A” and Exhibit “A-1” acceptable to City.

3. Paragraph no. 3 entitled “COMPENSATION” on pages 2-3 of the Original Agreement between the parties shall be deleted in its entirety and the parties agree to and hereby do substitute the following in its place:
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-4- City of Modesto
First Amendment to Agreement for Design Services dated April 26, 2016 Hetch Hetchy and Claratina Avenue Structural Crossing COMPENSATION.

Consultant agrees to perform the work on a time and materials basis not to exceed TWO HUNDRED SEVEN THOUSAND, SIX
HUNDRED FORTY AND 50/100 DOLLARS ($207,640.50) (maximum compensation) for performing all services and furnishing all staffing and materials called for in Exhibits “A” and “B” to the Original Agreement and in Exhibit “A-1” to this First Amendment to Agreement attached hereto as well as for performance by Consultant of all duties and obligations under the Original Agreement and the First Amendment to Agreement.

The compensation shall be paid pursuant to and in the manner and according to the schedule set forth below:

Professional services received by the City under the Original Agreement and this First Amendment to Agreement shall be paid for on a “time and materials” basis with a “not to exceed” amount, as called for in Exhibits “A” and “B” of the Original Agreement and Exhibit “A-1” of the First Amendment to Agreement. Consultant shall prepare and City agrees to pay Consultant on time and materials for monthly billings, which include detailed tasks, hours worked, and billable rates for work completed. The local agency shall reimburse the Consultant for actual costs (additional reimbursable expenses including, labor costs, employee benefits, overhead, sub-consultant travel expenses and other direct costs) incurred by the Consultant in performance of the work called for in #4..
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-5- City of Modesto
First Amendment to Agreement for Design Services dated April 26, 2016 Hetch Hetchy and Claratina Avenue Structural Crossing Exhibits “A” and “B” of the Original Agreement and Exhibit “A-1” of this First Amendment to Agreement on the monthly billings, which include detailed receipts for actual costs paid by Consultant in the performance of the project.

4. Except as herein amended or modified, the provisions of the Original Agreement are expressly reaffirmed and remain in full force and effect to the extent they are not in conflict with this First Amendment. #4..
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-6- City of Modesto
First Amendment to Agreement for Design Services dated April 26, 2016 Hetch Hetchy and Claratina Avenue Structural Crossing IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this First Amendment in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2022-________, adopted by the Council of the City of Modesto on the 5th day of April, 2022, and ASSOCIATED ENGINEERING GROUP, INC., has caused this First Amendment to be duly executed in duplicate.
(Signatures on next page)
Revised 2/14/2022 AM
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4206 TECHNOLOGY DRIVE, SUITE 4, MODESTO, CA 95356 • PHONE: (209) 545-3390 • FAX: (209) 545-3875 • www.assoceng.com

ASSOCIATED ENGINEERING GROUP

HOURLY RATE SCHEDULE
2022

ENGINEERING
Principal Civil Engineer $ 190.00
Qualified SWPPP Developer 180.00
Project Manager 160.00
Civil Engineer 160.00
Associate Civil Engineer 150.00
Senior Designer 155.00
Designer 135.00
SWPPP Technician 125.00
CADD Technician 105.00
Technical Assistant 80.00

SURVEYING
Principal Land Surveyor $ 190.00
Land Surveyor 160.00
Assistant Land Surveyor 150.00
Survey Technician 135.00
Field Technician (Robot-GPS) 175.00
Two-Person Field Crew 240.00
Field Technician (Robot-GPS) (Prevailing Wage) 220.00
Two-Person Field Crew (Prevailing Wage) 295.00
Technical Assistant 80.00

PLANNING
Principal Land Planner $ 190.00
Project Planner 160.00
Assistant Planner 130.00
CADD Technician 105.00
Graphic Designer 115.00
Technical Assistant 80.00

PLAN REPRODUCTION
Bond 24" x 36" Sheet
Bond 30" x 42" Sheet
Vellum 24" x 36" Sheet
Vellum 30" x 42" Sheet
Mylar 24" x 36" Sheet
Mylar 30" x 42" Sheet
This Rate Schedule is effective January 1, 2022 and is subject to change after December 31, 2022. $ 5.00/sheet
$ 7.00/sheet
$ 14.00/sheet
$ 16.00/sheet
$ 22.00/sheet
$ 28.00/sheet
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

March 7, 2022
Date: February 11, 2022
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
David Wright, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
William Wong, Director of Utilities
SUBJECT: Third One-Year Extension Option for Hot Patch Work CONTACT: DeAnna Christensen, Director of Finance, 209-577-5387, [email protected]
DESCRIPTION:

Consider approving a third one-year extension option for the purchasing agreement for Hot Patch work with United Pavement Maintenance, Hughson, CA., for an estimated annual amount of $3,906,500 and forwarding to Council for approval. (Funding Source: Water Funds 4100 and 4180, Wastewater Fund 4210, and Stormwater Fund 4480)
STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2020-2025 Strategic Plan focus of Governance and Service Delivery under Goal H: Achieve Financial Sustainability.

BACKGROUND:

Hot patch work refers to asphalt repairs required as a result of street cuts made for repairs and improvements to City utility services. The City crews perform some of this work, however inhouse resources are not always available. The Utilities Department’s Water and Wastewater Divisions requested contractual assistance to perform hot patch work throughout Modesto and the outlying areas including the City’s regional water systems.1 On May 22, 2018, by Resolution 2018-188, Council approved the award of bids for furnishing of hot patch work for the Utilities Department’s Water and Wastewater Divisions, to two firms:
1 The outlying areas include Salida, Del Rio, parts of Ceres, parts of Turlock, Grayson, Empire and other County areas just outside the City limits.
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Economic Development Committee, March 7, 2022
Third One-Year Extension Option for Hot Patch Work

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 Garrett Thompson Construction, Inc., Modesto, CA, for an annual cost not to exceed $4,106,500; and
 United Pavement Maintenance, Hughson, CA, for an annual cost not to exceed $200,000,
Both were awarded two-year agreements with three one-year extension options, with each oneyear extension requiring approval by City Council, for a total combined annual cost not to exceed $4,306,500.

On December 4, 2018, staff provided Council an informational report on the hot patch agreements. The report included information on the Utilities Department’s progress on hot patch work, on-site job inspections, invoice review, certified payroll review, and contractor status review. The results of this review identified that all of the work being performed by Garrett Thompson Construction and United Pavement Maintenance met all agreement obligations at that time.

However, in May 2019, the City terminated the agreement with Garrett Thompson for failure to maintain insurance coverage as required by the agreement, resulting in the need for a secondary provider in order to maintain primary and back-up contractor support once United Pavement became the primary vendor.

On July 9, 2019, by Resolution 2019-344, Council authorized the agreement with Patch Crew, Modesto CA. for an annual estimated amount of $400,000, and a total annual combined amount of $4,306,500 between United Pavement Maintenance and Patch Crew, making Patch Crew the secondary service provider.2
On March 10, 2020, by Resolution 2020-128, Council authorized the first one-year extension option with both United Pavement Maintenance, Hughson CA and Patch Crew, Modesto CA without exceeding a total annual combined amount of $4,306,500 between both providers.

On April 6, 2021, by Resolution 2021-106, Council authorized the second one-year extension option with both United Pavement Maintenance, Hughson CA. and Patch Crew, Modesto CA. without exceeding a total annual combined amount of $4,306,500 between both providers.

DISCUSSION:

Staff continues to monitor these agreements by matching invoices to their work orders, requiring invoices to include square footage and depth. With the change in primary Contractor, staff continues to work with United Pavement Maintenance to ensure that invoiced quantities are accurate. City Staff confirmed there has been no issues with prior and current year audits of the work performed and what is being billed to the City.

Furthermore, City Staff has received approval from United Pavement Maintenance, Hughson, CA to execute the final third one-year extension option and Patch Crew, Modesto CA. has 2 Since, the authorization by City Council Resolution 2019-344 to issue an agreement with Patch Crew, Modesto CA and due to the current COVID-19 conditions city staff has not utilized the agreement. #5..
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Economic Development Committee, March 7, 2022
Third One-Year Extension Option for Hot Patch Work

Page 3 of 3 ends

declined to execute the final extension option due to the fact City Staff has not utilized the agreement. City Staff is in the process in preparing the bid documents to issue a new bid.

FISCAL IMPACT:

As of January 21, 2022, total expenditures were $766,863.29 for year four of agreement. Dollar figures include payments to Garrett Thompson, United Pavement Maintenance and Patch Crew which are all less than the annual cost authorized under this agreement.

Year Year 1 Year 2 Year 3 Year 4
Term Range
5/22/18 -
5/21/19
5/22/19 -
5/21/20
5/22/20 -
5/21/21
5/22/21 –
5/21/22 Total Spend
Garrett Thompson
Construction $1,647,422.64 $6,113.26 - - $1,653,535.90
United Pavement
Maintenance $133,516.27 $2,195,745.72 $1,654,218.05 $766,863.29 $4,750,343.33 Patch Crew - - - - $0.00
Year Spend $1,780,938.91 $2,201,858.98 $1,654,218.05 $766,863.29 $6,403,879.23 The annual spend for year four is lower than the prior 3 years as large waterline replacement construction projects have been delayed due to the impact of the COVID-19 pandemic. City Staff is requesting an estimated annual amount of $3,906,500 for Hot Patch work with United Pavement Maintenance. In the table above, shows the annual spend has stayed under this annual estimated amount.

Funds are budgeted in Water accounts 4100-45020-53150, 4100-45040-53150 and various Water Fund CIP projects. Funds are also budgeted in Wastewater accounts 4210-44313-53100, 4210-44314-53100 and Stormwater account 4480-44222-53100.

DeAnna Christensen, Director of Finance
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

March 7, 2022
Date: February 15, 2022
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
David Wright, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: First Amendment to Sun Valley Transport, Inc. Agreement CONTACT: Jeff Daniels, Water Division Manager, [email protected], 209-342-4585
DESCRIPTION:

Consider approving a first amendment with Sun Valley Transport, Inc., for the hauling of nonhazardous brine services, to increase the amount by $208,910 from $458,915, for a new total amount not to exceed $667,825 over five years and forwarding to Council for approval. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2020-2025 Strategic Plan Initiatives Goal D:

Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

The City of Modesto operates a water treatment facility in the community of Grayson. This treatment facility provides safe and reliable drinking water for the residents of the community. As part of the water treatment process, a waste brine is generated that needs to be disposed of on an as-needed basis. Modesto’s wastewater treatment permit does not allow the disposal of this brine waste at its facility. The removal of brine is imperative to keep the Grayson treatment facility operational.

The City currently contracts with Envirogen, Inc., to operate an ion exchange system that uses food grade salt (similar to a water softener) to backwash the ion exchange media and reduce high nitrate levels in the Grayson water system. The system must be flushed regularly, which creates a non-hazardous brine waste product. This waste is then hauled under contract to East Bay Municipal Utility District, an approved waste disposal facility located in Oakland, California. #6..
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Economic Development Committee, March 7, 2022
First Amendment to Sun Valley Transport, Inc. Agreement

Page 2 of 3 ends

On September 1, 2020, by Resolution No 2020-345, Council approved the award of proposal for the hauling of non-hazardous brine services to Sun Valley Transport, Inc.

DISCUSSION:

On October 18, 2021, the Water Division received an email from Sun Valley Transport, Inc., informing us they would be increasing their rates from the current $550 per load to $650 based on rising fuel, cost of employee retention, rising insurance, and cost of vehicle purchases and maintenance/repairs. Sun Valley is requesting the increase due to the COVID pandemic that has played a major part in the increase of cost. Although the agreement states that price increase requests shall be based on the Consumer Price Index (CPI), the CPI has been impacted due to the COVID pandemic and has been suspended since March 16, 2020.

Additionally, data collection in September was affected by the temporary closing or limited operations for certain types of establishments. The September CPI is at 5.3%. The Request for Bid stated that price increases for diesel fuel may be considered using the Gasoline and Diesel Fuel Update maintained by the U.S. Energy Information Administration (EIA). The EIA’s diesel fuel index from October 2020 to May 2021 is at 11.14%. The combined total for CPI and fuel is

16.44%. The requested increase submitted by Sun Valley Transport is 18%. City Staff has reviewed and recommend approval of the 18% increase.

Approving this amendment will ensure that the City can continue hauling non-hazardous brine, keeping the Grayson treatment facility operational.

FISCAL IMPACT:

Current Agreement No. 187753 has a total not to exceed a spending limit of $458,915 over five years. For Year 1 (September 7, 2020 through September 6, 2021), $83,600 was expended.

Staff is requesting an increase to the total spending limit of $208,910, for a new total amount not to exceed $667,825 over five years. These costs will be funded through existing budget in the Water Fund, 4100-45050-53300.

Please see Table below for projected year increases:

Contract Year (9/7 through 9/6) Amount
Year 1 (Actuals) $83,600
Year 2 (Projected) $117,000
Year 3 (Projected) $134,550
Year 4 (Projected) $154,733
Year 5 (Projected) $177,942
Total Not To Exceed Over 5 Years $667,825
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Economic Development Committee, March 7, 2022
First Amendment to Sun Valley Transport, Inc. Agreement

Page 3 of 3 ends

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:

1. Amendment

2. Agreement No. 187753
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FIRST AMENDMENT TO AGREEMENT FOR THE

HAULING OF NON-HAZARDOUS BRINE
This First Amendment to the Agreement for the Hauling of Non-Hazardous Brine (the “First Amendment”) is entered into between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Sun Valley Transport, Inc., Hughson, CA, hereinafter referred to as CONTRACTOR, as of ____________, 2022.

RECITALS
This First Amendment is made with regard to the following recitals:

WHEREAS, City and Contractor previously entered into that Agreement for Hauling of Non-Hazardous Brine dated September 1, 2020 (the “Original Agreement”); WHEREAS, City and Contractor desire to amend the Original Agreement by increasing the previously approved five-year total of $458,915 by $208,910, to a new amount not to exceed $667,825 over five years.

NOW, THEREFORE, in consideration of this First Amendment, and the mutual promises, covenants, and stipulations contained in the Original Agreement and this First Amendment to Original Agreement, the parties agree as follows:

1. Section 1(F) of the Original Agreement is deleted and replaced in its entirety to read as follows: “CONTRACTOR shall furnish the services defined for the following contracted rates, for an estimated annual amount of $117,000 and a total amount not to exceed $667,825 over five years:”

2. Except as modified and amended by this First Amendment, all other provisions of the Original Agreement shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this First Amendment in duplicate by its City Manager and attestation #6..
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by its City Clerk under authority of Resolution No. 2022-_____, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2022 and Sun Valley Transport Inc. has caused this First Amendment to be duly executed. #6..
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HAULING OF NON-HAZARDOUS BRINE
This Agreement, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2020, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Sun Valley Transport Inc, hereinafter called CONTRACTOR,
W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. __________ authorizing the award of proposal and contract for the furnishing of Hauling of Non-Hazardous Brine to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal to RFB 1920-28 Hauling of Non-Hazardous Brine that best meets CITY needs, and WHEREAS, CONTRACTOR shall provide services to CITY as defined in the “Scope-of-Work”, attached hereto as Exhibit “B” and made a part hereof, and NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK.
a. CONTRACTOR shall furnish Hauling of Non-Hazardous Brine services and insurance necessary to furnish Hauling of Non-Hazardous Brine in strict accordance with the conditions of the complete Contract.
b. CONTRACTOR shall do and perform the service in a professional and businesslike manner under the direction of and to the satisfaction of the CITY. c. CONTRACTOR shall perform its duties under this Agreement in accordance with the standard(s) of care prevailing in its industry. #6..
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d. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the contract.
e. CONTRACTOR shall maintain a CITY business license for the duration of the contract.
f. CONTRACTOR shall furnish the services defined for the following contracted rates, not to exceed $88,000 annually, and a total amount not to exceed $440,000:

Item Description Unit Contracted Rates
Hauling Services from the Grayson Facility at
8417 Yamamoto Way, Grayson, CA to 2020
Wake Road, Oakland, CA. (Round Trip = 152
miles) Any Fuel Surcharge shall be included in
pricing
Trip $____550.00___
Hauling Services from second Grayson Facility
at 8930 Charles Street, Grayson, CA, to 2020
Wake Road, Oakland, CA. (Round Trip = 152
miles) Any Fuel Surcharge shall be included in
pricing
Trip $_____550.00___

2. CITY CONTACT:

City Contact: Jesus Torres Ph: 209-577-5406
Changes of a contractual or business nature shall be affected only by written change to the contract, issued by the City of Modesto, Purchasing Division.

3. TERM OF CONTRACT:

The term of the contract shall be for a period of Two (2) years with Three (3) oneyear extension options at the sole discretion of City, for a total of up to Five (5) years.

Year 1: September 7, 2020 through September 6, 2021
Year 2: September 7, 2021 through September 6, 2022
Year 3: September 7, 2022 through September 6, 2023
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Year 4: September 7, 2023 through September 6, 2024
Year 5: September 7, 2024 through September 6, 2025
Price will remain firm for the first two (2) years of the contract. Price increases for subsequent contract years three (3) through five (5) shall not exceed the Consumer Price Index (CPI) in any one contract year and shall be negotiated through the Purchasing Division.

Request for price increases shall be submitted by Contractor in writing, sixty (60) days prior to the annual anniversary date of the contract to be effective for the subsequent year.

4. LIABILITY INSURANCE:

CONTRACTOR shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to CITY as may be required by the Risk Manager.

The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
a. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. b. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability. #6..
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c. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.

If at any time any of said policies shall be unsatisfactory to CITY, as to form or substance, or if a company issuing such policy shall be unsatisfactory to CITY, CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Manager of CITY for approval and submit a certificate thereof as herein above provided. Upon failure of CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of CITY, may be forthwith declared suspended, or terminated. Failure of CONTRACTOR to obtain and/or maintain any required insurance shall not relieve CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of CONTRACTOR concerning indemnification. CITY, and its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers’ Compensation, Professional Liability and Financial Institution’s Fidelity. The Workers’ Compensation insurer shall agree to waive all rights of subrogation against CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for CITY. CONTRACTOR’S insurance policy(ies) shall include a provision that the coverage is primary as respects CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best’s rating of A:VII or with approval of the Risk Manager of CITY. The CONTRACTOR must deliver certificates evidencing existence of the insurance to the City prior to the time contract is signed.
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CONTRACTOR agrees to provide CITY with a separate endorsement evidencing proof of City’s additional insured status required herein (both general and automobile liability) as well as a separate endorsement for the Workers’ Compensation insurer’s waiver of all subrogation rights as stated above. Every endorsement shall identify the policy number.

For any claims related to this project, the CONTRACTOR’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’S insurance and shall not contribute with it.

CONTRACTOR further agrees that the amount of insurance required may from time to time be adjusted by CITY’s Risk Manager and CONTRACTOR agrees to file a new insurance certificate with CITY’s City Clerk evidencing the new amounts after a thirty (30) day written notice from CITY’s Risk Manager.

5. PAYMENT:

CONTRACTOR shall invoice CITY at a minimum of a monthly basis.

All invoices shall be paid in full within thirty (30) days after completion and acceptance of the service by the City, and receipt of a properly prepared invoice in duplicate, subject to cash discounts allowed and stated in this proposal document. The City is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
CONTRACTOR shall establish a separate billing account number for each CITY department #6..
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and/or division.

At a minimum, invoices shall state the following:
 Reference Annual Agreement #: _____________________
 City department/division name and address
 Billing period
 Service hours worked day and week
 Unit price, extended price, sales tax and total

6. INDEMNITY:

The CONTRACTOR shall hold the CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONTRACTOR to procure and maintain a policy of insurance.

In the indemnity clause contained herein CONTRACTOR agrees to defend, indemnify and hold CITY harmless from the negligence of its employees, among other risks.

With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relating to the operation of CITY owned vehicles by CONTRACTOR’s employees is apportioned to CONTRACTOR in accordance with the provisions contained in Indemnity 6. #6..
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7. ARBITRATION:

Any dispute or claim arising or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively, (except as approved below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One Arbitrator shall be selected using AAA procedures. The Arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The Arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Modesto California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection
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8. GOVERNING LAW:

This Agreement shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, U.S.A., without giving effect to its conflicts of laws provisions or principles.

9. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced as soon as possible after receipt of the Notice to Proceed for this contract. The Notice to Proceed shall not be issued until the contract administrator receives and has on file:

Proofs of insurance (approved by Risk Management);
Executed Agreement;
a. Resolution No. ____________ attached hereto as Exhibit “A” and made a part hereof;
b. Scope-of-Work, attached hereto as Exhibit “B” and made a part hereof; c. RFB 1920-28, attached hereto as Exhibit “C” and made a part hereof

10. TERMINATION OF SERVICES:

Termination by City for Default of Contractor
Should Contractor default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Contractor. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Contractor, dishonesty or theft.

Termination by City for Convenience
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The City may also terminate the Contractor's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Contractor with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Contractor shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, sub-contractors and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors, but in no event shall recovery by any Contractor or #6..
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subcontractor include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Contractor in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Contractor shall provide sufficient oral or written status reports to make City reasonably aware of the status of Contractor's work on the project. i. The Contractor understands and agrees that City may, in City's sole discretion, refuse to pay Contractor for that portion of Contractor's services which were performed by Contractor on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

City will pay Contractor an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the #6..
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Contractor after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontractor agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Contractor as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Contractor.

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Contractor to appeal the City Manager, or his/her designee’s, decision to the City Council. The Contractor shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

11. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the work described, designated and shown upon the plans herein referred to, will comply with all federal, state, county and municipal laws, rules and regulations #6..
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which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

12. CONTRACT DOCUMENTS:

The complete contract between the parties hereto consists of this agreement, and all exhibits, and the following documents which are incorporated herein by this reference:
a. Resolution No. _____________;
b. Scope-of-Work;
c. Insurance Certificates,
d. City of Modesto Standard Specifications and General Provisions.

These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division). All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

13. NOTICES:

Any notice, payment or instrument required or permitted by this Contract to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR: Joshua Borrelli
Sun Valley Transport, Inc.
8125 Alderson Rd.

Hughson, CA 95326
(209) 495-0621
[email protected]
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CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

14. SIGNATOR(IES) FOR CONTRACTOR:

The undersigned signator(ies) for CONTRACTOR warrant(s) and represent(s) that he/she/they is/are legally competent to execute the contract and has/have full authority to execute this contract.

15. ASSIGNMENT:

Neither this agreement nor any portion thereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance.

16. WAIVER.

The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing

17. HEADINGS NOT CONTROLLING.

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement

18. MISCELLANEOUS:

Time is of the essence in every provision of this contract.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from #6..
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Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. #6..
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IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. _________, adopted by the Council of the City of Modesto on the _____________-day of _____________________, 2020 and Sun Valley Transport Inc. has caused this Agreement to be duly executed.

CITY OF MODESTO, SUN VALLEY TRANSPORT INC.

A municipal corporation
By:__________________________ By:_________________________________ JOSEPH P. LOPEZ (Signature)
City Manager
By:_________________________________
(Name & Title)
ATTEST: Date:_______________________________
By:______________________ By:_________________________________ STEPHANIE LOPEZ (Signature)
City Clerk
_________________________________
(SEAL) (Name & Title)
Date:_______________________________
APPROVED AS TO FORM:

By:_________________________________
JOSE M. SANCHEZ
City Attorney
By:_____________________________
CHRISTINA D. ALGER
City Human Resources Manager, (Risk)
Signature Requirements
Corporation:

1.Signature of two (2) officers
or

2.Signature of one (1) officer plus the
corporate seal.

Partnership: Signature of one partner
Sole Proprietorship: Signature of proprietor
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

March 7, 2022
Date: March 4, 2022
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
David Wright, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: State Route 132 West Freeway/Expressway - Phase 1 Project CONTACT: John Rawles, Project Manager, [email protected], 209-577-5253 DESCRIPTION:

Consider approving a Fifth Amendment to the professional design services agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project with Dokken Engineering, increasing the agreement amount by $89,227 from $9,155,998 to a total not to exceed amount of $9,245,225, and forwarding to Council for approval. (Funding Source: Regional Measure L) STRATEGIC PLAN ELEMENT:

The SR-132 West Freeway/Expressway Project is consistent with the City Council’s 2020-2025 Strategic Plan Goal D, Ensure Safe, Reliable, Efficient Infrastructure.

BACKGROUND:

The purpose of the State Route 132 West Freeway/Expressway - Phase 1 Project is to improve regional and interregional circulation, relieve traffic congestion along existing State Route 132, and enhance safety and operations for the existing and proposed transportation network.

On May 2, 2017, by Resolution No. 2017-174, the City Council approved an agreement with Dokken Engineering for professional design services in the amount of $6,400,000, plus $600,000 for additional services, for a total contract amount of $7,000,000.

On January 22, 2019, by Resolution No. 2019-01, the City Council approved a First Amendment to the agreement with Dokken Engineering in the amount of $344,096, for a total contract amount of $7,344,096.
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Economic Development Committee, March 7, 2022
State Route 132 West Freeway/Expressway - Phase 1 Project

Page 2 of 3 ends

On May 7, 2019, by Resolution No. 2019-208, the City Council approved a Second Amendment to the agreement with Dokken Engineering in the amount of $144,422, for a total contract amount of $7,488,518.

On September 24, 2019, by Resolution No. 2019-441, the City Council approved a Third Amendment to the agreement with Dokken Engineering in the amount of $1,363,210, for a total contract amount of $8,851,728.

On December 8, 2020, by Resolution No. 2020-504, the City Council approved a Fourth Amendment to the agreement with Dokken Engineering in the amount of $304,270, for a total contract amount of $9,155,998.

On February 16, 2022, Dokken Engineering submitted to the City a budget augmentation for additional tasks in the amount of $89,227, for a total contract amount of $9,245,225.

DISCUSSION:

The City opened bids for the construction of State Route 132 West Freeway/Expressway – Phase I Project on August 20, 2019. Due to the complexity of the project, design support services are required during the construction of the project to provide technical support to the construction manager.

As the project construction has developed, additional design support services have been identified to complete tasks that were not known during final design. The additional services to be provided include design of pedestrian access improvements at the Carpenter Road/Elm Avenue intersection and design of a wider and longer MID access road parallel to SR132 for the westerly 1-1/4 miles of the project. As the City does not have the staffing or expertise to provide the specialized design support required to complete the many incidental tasks, Staff recommends approving the Fifth Amendment with Dokken Engineering to assist the successful completion of the SR132 West Freeway/Expressway – Phase 1 Project.

In accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this Fifth Amendment to the original Agreement is for professional services and, therefore, exempt from the bid requirement. Staff proceeded through a Request for Proposal (RFP) process pursuant to Administrative Directive 3.1.

FISCAL IMPACT:

The Project is supported by a complex matrix of funding sources, each having a variety of requirements and constraints. The Plans, Specifications, and Estimates (PS&E) phase and Right of Way (ROW) phase of the Project is funded by a combination of CFF, County Public Facility Fees (PFF), Regional Measure L, Federal grants and state funds. Funds for the PS&E phase of the project were previously approved and are currently available in Capital Improvement Program (CIP) #100614.

The $89,227 for the Fifth Amendment to the Dokken Engineering Agreement will be paid from Project #101119 – SR 132 West Expressway. This account was created for the construction phase of the project.

The Fifth Amendment will be funded with Regional Measure L funds with the approval of the $31.8M Memorandum of Understanding (MOU) with the Stanislaus Council of Governments #7..
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Economic Development Committee, March 7, 2022
State Route 132 West Freeway/Expressway - Phase 1 Project

Page 3 of 3 ends

(StanCOG) that was presented to City Council as a separate item on September 24, 2019. That item also included the needed budget adjustment to fund this Fifth Amendment. No additional funding is being requested as part of this amendment.

ANTICIPATED DESIGN SERVICES EXPENDITURES:

Original Professional Design Services Agreement – Dokken Engineering $6,400,000 Additional Services (9.4%) $600,000
TOTAL ORIGINAL AGREEMENT: $7,000,000
First Amendment – Dokken Engineering $344,096
TOTAL DESIGN SERVICES EXPENDITURES:

$7,344,096
Second Amendment – Dokken Engineering $144,422
TOTAL DESIGN SERVICES EXPENDITURES: $7,488,518
Third Amendment – Dokken Engineering $1,363,210
TOTAL DESIGN & SUPPORT DURING CONSTRUCTION EXPENDITURES: $8,851,728 Fourth Amendment – Dokken Engineering $304,270
TOTAL DESIGN & SUPPORT DURING CONSTRUCTION EXPENDITURES: $9,155,998 Proposed Fifth Amendment – Dokken Engineering $89,227
TOTAL DESIGN & SUPPORT DURING CONSTRUCTION EXPENDITURES: $9,245,225 Approved by:

Jaylen French, Director of CEDD
Joseph P. Lopez, City Manager
Attachments:

1. Fifth Amendment, Exhibit A-5, Exhibit D-5

2. Dokken Professional Design Services Agreement

3. First Amendment

4. Second Amendment

5. Third Amendment

6. Fourth Amendment
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-1- City of Modesto
Fifth Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project

FIFTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL DESIGN SERVICES FOR STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT This Fifth Amendment to Agreement for Professional Design Services is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and DOKKEN ENGINEERING, a California corporation (“Consultant”), entered into by the parties on the 2nd day of May, 2017, hereinafter referred to as “Original Agreement”.

This Fifth Amendment to the Original Agreement for Professional Design Services is made with regard to the following recitals:

A. Section 3.0 “COMPENSATION AND BILLING” of the Original Agreement authorized and specified a not to exceed amount of $7,000,000, inclusive of additional services, to Consultant for performing all services and furnishing all staffing and materials called for in Exhibit “A” under this Agreement.

B. On or about January 22, 2019, the parties entered into a First Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $344,095.43, and attaching corresponding Exhibits A-1 to the First Amendment “Revised Scope of Services” and Exhibit D-1 “Revised Fee Schedule.” C. On or about May 7, 2019, the parties entered into a Second Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $144,421.92, and attaching corresponding “Exhibit A-2 to the Second Amendment - Revised Scope of Services” and “Exhibit D-2 – Revised Fee Schedule.” D. On or about September 24, 2019, the parties entered into a Third Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $1,363,210.14, and attaching corresponding “Exhibit A-3 to the Third Amendment - Revised Scope of Services” and “Exhibit D-3 – Revised Fee Schedule.” #7..
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-2- City of Modesto
Fifth Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project E. On or about December 8, 2020, the parties entered into a Fourth Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $304,270.00, and attaching corresponding “Exhibit A-4 to the Fourth Amendment - Revised Scope of Services” and “Exhibit D-4 – Revised Fee Schedule.” F. On or about February 16, 2022, at the City’s request, Consultant submitted to City a budget augmentation for additional tasks to increase the amount of the Original Agreement, as amended, by an additional $89,227.00. The budget augmentation is attached hereto as “Exhibit A-5 to the Fifth Amendment - Revised Scope of Services” and the further revised fee schedule is attached hereto as “Exhibit D-5 – Revised Fee Schedule.” NOW, THEREFORE, in consideration of this Fifth Amendment to Agreement, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Professional Design Services and the First, Second, Third, and Fourth Amendments to Agreement, the parties agree as follows:

1. The parties agree that each of the recitals set out above is factually true and correct.

2. Section 1.1 “Scope of Services” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:
“1.1 Scope of Services: Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the Original Agreement and referred to therein as Exhibit “A”. In addition, Consultant shall undertake and complete the preparation of the scope of work as set forth in “Exhibit A-1 to the First Amendment”, “Exhibit A-2 to the Second Amendment”, “Exhibit A-3 to the Third Amendment”, “Exhibit A4 to the Fourth Amendment”, and “Exhibit A-5 to the Fifth Amendment”, incorporated herein by this reference. The
Consultant shall perform all services as required in a manner #7..
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-3- City of Modesto
Fifth Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project compatible with the standards of its profession and shall produce a fully complete project acceptable to City.”

3. Section 2.0 “CONTRACT DOCUMENTS” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:
“2.0 CONTRACT DOCUMENTS
Contract documents consist of the following documents, including all changes, addenda, and modifications thereto:

1. Agreement and all attachments
a. Exhibit A – Scope of Services
b. Exhibit A-1 to the First Amendment – Revised
Scope of Services
c. Exhibit A-2 to the Second Amendment – Revised
Scope of Services
d. Exhibit A-3 to the Third Amendment – Revised
Scope of Services
e. Exhibit A-4 to the Fourth Amendment – Revised
Scope of Services
f. Exhibit A-5 to the Fifth Amendment – Revised
Scope of Services
g. Exhibit B – Insurance Requirements
h. Exhibit C – Project Schedule
i. Exhibit D – Fee Schedule
j. Exhibit D-1 – Revised Fee Schedule
k. Exhibit D-2 – Revised Fee Schedule
l. Exhibit D-3 – Revised Fee Schedule
m. Exhibit D-4 – Revised Fee Schedule
n. Exhibit D-5 - Revised Fee Schedule

2. City’s Request for Proposal

3. Consultant’s Response”

4. Section 3.1 “Compensation” of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
“3.1 Compensation: Consultant and City agree that this Agreement is valid and enforceable only if sufficient funds are made available to the City and funding is approved by the governing body of the City. Consultant shall be paid in accordance with the schedule set forth in Exhibit “D” (Fee Schedule), attached hereto and made a #7..
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-4- City of Modesto
Fifth Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project part of this Agreement. In addition, Consultant shall be paid in accordance with the schedule set forth in Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, Exhibit “D-4”, and in Exhibit “D-5”. Fee Schedule rates shall include all work and deliverables, including travel and equipment described in Exhibit “D”, Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, Exhibit “D-4”, and Exhibit “D-5”, including direct salary costs, employee benefits, and overhead.

The City may retain five percent of all periodic or progress payments made to the Consultant until completion and acceptance of all work tasks and City shall have right to withhold payment from Consultant for any unsatisfactory service until such time service is performed satisfactorily.

Consultant agrees to accept a sum not to exceed NINE MILLION,

TWO HUNDRED FORTY-FIVE THOUSAND, TWO
HUNDRED TWENTY-FOUR AND 49/100 DOLLARS
($9,245,224.49) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" of the original agreement, “Exhibit A-1 to the First Amendment”, “Exhibit A-2 to the Second Amendment”, “Exhibit A-3 to the Third Amendment”, “Exhibit A-4 to the Fourth Amendment”, and “Exhibit A-5 to the Fifth Amendment”, for performance by Consultant of all of its duties and obligations under this Agreement.

A. The method of payment for this contract will be based on lump sum, unless otherwise indicated on Exhibit “D”, “D-1”, “D-2”, “D-3”, “D-4”. or “D-5” of this Agreement. The total lump sum price paid to Consultant will include compensation for all work and deliverables, including travel and equipment described in Exhibit “D,” Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, Exhibit “D-4”, and Exhibit “D-5” of this contract. The hourly price paid to Consultant will include compensation for all work and deliverables, including travel and equipment described in Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, Exhibit “D-4”, and Exhibit “D-5” of this contract. No additional
compensation will be paid to Consultant, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between Consultant and City. Adjustment in the total lump sum compensation will not be effective until authorized by contract amendment and approved by City.

B. Progress payments may be made monthly in arrears based on the percentage of work completed by Consultant. If Consultant fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, City shall have the #7..
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-5- City of Modesto
Fifth Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project right to delay payment or terminate this Contract in accordance with the provisions of Article VI Termination.

C. Consultant shall not commence performance of work or services until this contract has been approved by City and notification to proceed has been issued by City’s Project Manager. No payment will be made prior to approval of any work, or for any work performed prior to approval of this contract.

D. Consultant will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by City’s Project Manager of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference the project title as noted elsewhere in this contract.

Final invoice must contain the final cost and all credits due City that include any equipment purchased under the
provisions of section 1.14 Equipment Purchase of this contract.

The final invoice should be submitted within 60-calendar days after completion of Consultant’s work. Invoices shall be mailed to City’s Project Manager at the following address:

Mr. John Rawles, c/o
Community & Economic Development Department
P.O. Box 642
Modesto, CA 95353
(209) 577-5253

6. Except as herein amended or modified, the provisions of the Original Agreement, First Amendment, Second Amendment, Third Amendment, and Fourth Amendment are expressly reaffirmed and remain in full force and effect.
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-6- City of Modesto
Fifth Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Fifth Amendment in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2022-________, adopted by the Council of the City of Modesto on the 5th day of April, 2022, and DOKKEN ENGINEERING has caused this Fifth Amendment to be duly executed in duplicate. (Signatures on next page)
PH Reviewed 2/15/2022
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A-5, TO THE FIFTH AMENDMENT

REVISED SCOPE OF SERVICES
Revised February 16, 2022
This amendment includes additional design services outside the scope of work of the Phase 1 project.

These additional services are requested by the City to support public and MID requests for additional project features.

TASK 30.6 – Pedestrian Enhancements at Carpenter / Elm Intersection (HOURLY) There are four parts to this task: 1) meeting and preparing exhibits to establish the approved course(s) of action, 2) preparing plans for the restriping of southbound Carpenter Road, 3) preparing plans and quantities for design improvements to the Carpenter Road / Elm Avenue Intersection and 4) reviewing shop drawings for a new hybrid beacon.

Dokken will prepare an exhibit to assist the City in reaching consensus on the improvements to be made and attend meetings as needed to develop the change order plans.

Dokken will prepare change order plans and quantities to implement a restriping concept for Carpenter Road per the concept design prepared by the City of Modesto. This restriping concept may contain elements such as removal of the Carpenter Road median and the addition of sidewalk to the west side of the bridge.

Dokken will further prepare plans and quantities for improvements to the Carpenter Road / Elm Avenue intersection to improve pedestrian safety to and from neighborhoods along Elm Avenue and Shirley Court west of Carpenter Road. The improvements will include the following:
1) Overhead pedestrian activated hybrid beacon over the Carpenter Road crosswalk 2) Asphalt concrete landing pad and walking path along Elm Avenue from Carpenter Road to Shirley Court
3) New crosswalk across Elm Ave to Shirley Court
4) New concrete curb ramp at the southwest corner of Elm Ave / Shirley Court 5) Revised striping for Carpenter Road crosswalk, signing and advance striping for the hybrid beacon 6) Arrange for electrical signal connection to tie into the existing Elm Ave streetlight circuit Assumptions:
1) Electrical power for the hybrid beacon will come from the City lighting circuit on Elm Avenue and no new service connection to MID will be required.
2) No survey or ROW services are needed.

Task 30.7 – MID / Wagner Road Extension (HOURLY)
Dokken will participate in negotiations with the City, MID, Wagner representatives, and Caltrans to support resolution of a expanded design for the Wagner / MID access road. Participation will include site visits, meetings, the preparation of exhibits, surveys, plans to accommodate the desired access within areas inside and outside the existing MID easements, all while considering orchard operations. #7..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
Dokken will design an additional 1,100-foot segment of the MID / Wagner Road from North Dakota to MID Tower #103. Dokken will design truck turn-around at Tower #103 and ingress /egress from the access road onto N. Dakota and eastbound SR-132. The new access road segment will be 12’ wide in a 16’ ROW, fenced on both sides.

Northstar will stake the existing toe of the proposed MID access roadway, survey the elevations of the existing road and prepare a plat map and legal description for transfer of the 16-foot section in fee or easement from the City to MID.

Dokken will detail the removal and reconstruction of the existing access road from Tower #103 to the tower near the City’s 54” sewer truck line. The design will show removal of the 16-foot access road and construction of a new low-profile 20-foot access road for 5,400 feet.

Assumption:
1) City legal consultant will handle obtaining signature and recording of the right of way transfer with the completion of the agreement.

End of Amendment No. 5.
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DESIGN SUPPORT DURING CONSTRUCTION - ADDITIONAL DESIGN TASKS State Route 132 West Freeway/Expressway - Phase 1 Project Exhibit D-5, Revised Fee Schedule
TASK
Matthew Griggs, PE(Project Manager)Senior Engineer Associate EngineerAssistant EngineerSenior Right of Way SpecialistRight of Way SpecialistRight of Way Assistant Administration/Clerical $254.47 $212.06 $155.51 $113.10 $183.78 $147.03 $84.82 $98.96 TASK 30 - REQUESTS FOR INFORMATION 44 60 188 200 12 12 516 10,500 $89,227.24 516 $10,500.00 $89,227.24

30.6 Pedestrian Enhancements at Carpenter / Elm Intersection 20 48 80 80 4 6 238 2,500 $40,438.59 238 $2,500.00 $40,438.59

30.7 MID / Wagner Road Extension 24 12 108 120 8 6 278 8,000 $48,788.65 278 $8,000.00 $48,788.65 -
-
-
TOTAL HOURS 44 60 188 200 12 12 516 516
TOTAL COST $ 11,197 $ 12,723 $ 29,236 $ 22,620 $ - $ 1,764 $ - $ 1,188 $10,500 $ 89,227 $ 10,500 $ 89,227 Total Hours Direct Costs Total Cost GRAND TOTAL - HOURS GRAND TOTAL - DIRECT COSTS GRAND TOTAL - TOTAL COSTS February 16, 2022

DOKKEN TOTALS
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Third Amendment -1- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project

THIRD AMENDMENT TO AGREEMENT FOR PROFESSIONAL DESIGN SERVICES FOR STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT This Third Amendment to Agreement for Professional Design Services is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and DOKKEN ENGINEERING, a California corporation (“Consultant”), entered into by the parties on the 2nd day of May, 2017, hereinafter referred to as “Original Agreement”.

This Third Amendment to the Original Agreement for Professional Design Services is made with regard to the following recitals:

1. The parties agree that each of the recitals set out above is factually true and correct.

2. Section 1.1 “Scope of Services” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:
“1.1 Scope of Services: Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the Original Agreement and referred to therein as Exhibit “A”. In addition, Consultant shall undertake and complete the preparation of the scope of work as set forth in “Exhibit A-1 to the First Amendment”, “Exhibit A-2 to the Second Amendment”, and “Exhibit A-3 to the Third Amendment”,
incorporated herein by this reference. The Consultant shall perform all services as required in a manner compatible with the standards of its profession and shall produce a fully complete project acceptable to City.”

1. Agreement and all attachments
a. Exhibit A – Scope of Services
b. Exhibit A-1 to the First Amendment – Revised Scope of #7..
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Third Amendment -3- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project Services
c. Exhibit A-2 to the Second Amendment – Revised Scope
of Services
d. Exhibit A-3 to the Third Amendment – Revised Scope
of Services
e. Exhibit B – Insurance Requirements
f. Exhibit C – Project Schedule
g. Exhibit D – Fee Schedule
h. Exhibit D-1 – Revised Fee Schedule
i. Exhibit D-2 – Revised Fee Schedule
j. Exhibit D-3 – Revised Fee Schedule

2. City’s Request for Proposal

3. Consultant’s Response”

4. Section 3.1 “Compensation” of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
“3.1 Compensation: Consultant and City agree that this Agreement is valid and enforceable only if sufficient funds are made available to the City and funding is approved by the governing body of the City. Consultant shall be paid in accordance with the schedule set forth in Exhibit “D” (Fee Schedule), attached hereto and made a part of this Agreement. In addition, Consultant shall be paid in accordance with the schedule set forth in Exhibit “D-1”, Exhibit “D-2”, and in Exhibit “D-3”. Fee Schedule rates shall include all work and deliverables, including travel and equipment described in Exhibit “D”, Exhibit “D-1”, Exhibit “D-2”, and Exhibit “D-3”, including direct salary costs, employee benefits, and overhead.

Consultant agrees to accept a sum not to exceed EIGHT

MILLION, EIGHT HUNDRED FIFTY-ONE THOUSAND,
SEVEN HUNDRED TWENTY-SEVEN AND 49/100
DOLLARS ($8,851,727.49) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" of the original agreement, “Exhibit A-1 to the First Amendment”, “Exhibit A-2 to the Second Amendment”, and
“Exhibit A-3 to the Third Amendment”, for performance by Consultant of all of its duties and obligations under this Agreement.
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Third Amendment -4- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project A. The method of payment for this contract will be based on lump sum, unless otherwise indicated on Exhibit “D”, “D-1”, “D-2”, or “D-3” of this Agreement. The total lump sum price paid to Consultant will include compensation for all work and
deliverables, including travel and equipment described in Exhibit “D,” Exhibit “D-1”, Exhibit “D-2”, and Exhibit “D-3” of this contract. The hourly price paid to Consultant will include compensation for all work and deliverables, including travel and equipment described in Exhibit “D-1”, Exhibit “D2”, and Exhibit “D-3” of this contract. No additional compensation will be paid to Consultant, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between Consultant and City. Adjustment in the total lump sum compensation will not be effective until authorized by contract amendment and approved by City.

B. Progress payments may be made monthly in arrears based on the percentage of work completed by Consultant. If Consultant fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, City shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article VI Termination.

Final invoice must contain the final cost and all credits due City that include any equipment purchased under the
provisions of section 1.14 Equipment Purchase of this contract.

The final invoice should be submitted within 60-calendar days after completion of Consultant’s work. Invoices shall be mailed to City’s Project Manager at the following address:
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Third Amendment -5- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project Mr. John Rawles, c/o
Community & Economic Development Department
P.O. Box 642
Modesto, CA 95353
(209) 577-5253

6. Except as herein amended or modified, the provisions of the Original Agreement, First Amendment, and Second Amendment are expressly reaffirmed and remain in full force and effect.
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A- 3 - SCOPE OF WORK
PAGE 1
EXHIBIT A-3 TO THE THIRD AMENDMENT

REVISED SCOPE OF SERVICES
Revised June 11, 2019
The following scope of work includes design and environmental support during the construction process. These services include design, utility and environmental services necessary to support construction of the project, maintain permit/agreement conditions and close out the project.

All work included herein will be billed on an hourly basis.

TASK 30 REQUESTS FOR INFORMATION (HOURLY)
Task 30.1 Respond to Requests for Information (RFI’s)
Dokken Engineering (Dokken) will provide on-going consultation and interpretation of contract documents, as requested.

Written responses will be provided to all requests for information (RFI’s), and supplemental or revised drawings may be issued to provide clarity to the Resident Engineer (RE) and Contractor. Developing change orders or plans for change orders is also made a part of this task.

Dokken will maintain a log of open and recently closed RFI’s to ensure timely response and progress on all RFI’s. Dokken will provide our responses to the Caltrans Construction Engineer (Harminder Deol) as well.

Task 30.2 RFI Support from Sub-Consultants
Sub consultants Wreco, Drake-Haglan, Y&C, Geocon and O’Dell will be available as requested to respond to RFI’s transmitted to them from Dokken. Dokken will review the responses from our sub consultants for completeness and clarity prior to transmitting them to the City, Caltrans and WSP. Responses will be recorded on the monthly progress report and retained for as-built plan preparation
Task 30.3 Site Visits to Address RFI’s and Coordination Dokken will schedule and attend periodic site visits throughout the project to answer questions, offer insight related to the numerous unique project conditions and sign off RFI’s. It is anticipated that site visits may occur weekly in times of heavy progress and then only occur bi-weekly when less construction activity is occurring.

TASK 31 REVIEW OF SHOP DRAWINGS
(HOURLY)
Task 31.1 Review Shop Drawings
Deliverables – Task 30
 Written Response to RFI’s
 Revised Plans to Clarify RFI’s
 RFI Log Update Monthly or more frequently
 Change Order Plans
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A- 3 - SCOPE OF WORK
PAGE 2
Dokken will review submittal drawings and stamp them as returned for corrections, approved as noted, or approved. For the bridges, submittal reviews are anticipated for permanent structure elements such as piling, bearings, joint seals, utility hangers, overhead signs, waterlines, light poles, aesthetics, and post-tensioning. Any corrections will be clearly marked in red and returned to the Resident Engineer. Subsequent reviews to confirm appropriate corrections to the shop drawings are anticipated. Submittals will be copied to Caltrans as requested by the Resident Engineer.

Dokken cannot review shop drawings for bridge falsework.

Task 31.2 Review of Shop Drawings for Pump Station
Wreco will review shop drawings for the pump station and stamp them as returned for corrections, approved as noted or approved. Submittal reviews are anticipated for pumps, control equipment, metal fabrication, railings, hardware, lighting electrical equipment and other major appurtenances related to the pump station. Any corrections will be clearly marked in red and returned to the Resident Engineer. Subsequent reviews to confirm appropriate corrections to the shop drawings are anticipated.

Task 31.3 Review of Shop Drawings for Electrical and ITS Y&C will review shop drawings for the electrical/ITS and stamp them as returned for corrections, approved as noted or approved. Submittal reviews are anticipated for traffic signals, street lighting, CMS, TMS, Fiber Optics, and camera systems. Any corrections will be clearly marked in red and returned to the Resident Engineer. Subsequent reviews to confirm appropriate corrections to the shop drawings are anticipated.

Task 31.4 Review of Shop Drawings for 54” Sewer, Landscape and Irrigation O’Dell will review shop drawings sewers, landscape, hardscape and irrigation for compliance with the project design and special provisions. Submittal review are anticipated for 54” sewer shop drawings, irrigation, and landscaping. Any corrections will be clearly marked in red and returned to the Resident Engineer. Subsequent reviews to confirm appropriate corrections to the shop drawings are anticipated.

Deliverables – Task 31
 Stamped Shop Drawing Reviews
 Stamped Subsequent Reviews to Confirm Corrections
TASK 32 ENVIRONMENTAL CONSTRUCTION SUPPORT (HOURLY)
Based on Dokken Engineering’s understanding of the scope of work for construction support, the following tasks are assumed to be completed by the contractor or CM team:

1. Cultural monitoring (paleontology) during excavation – CM team

2. Biological monitoring – Contractor furnished

3. Inspection of BCS/ADL relocation – CM team (with subconsultant Geocon)

4. Hazardous materials in buildings to be demolished – CPSI and City The following scope of work will be provided by Dokken’s environmental team to provide additional environmental construction support services to ensure the City fully meets the CEQA, NEPA, and permit commitments for the project. #7..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A- 3 - SCOPE OF WORK
PAGE 3
Task 32.1 General Environmental Construction Support
Dokken will be responsible for general environmental construction support and monitoring as required by the environmental document in support of the City’s needs. This task involves periodic inspection of the construction site to ensure all environmental commitments are being adhered to by the City and its contractors. Monitored commitments may include maintenance of Environmentally Sensitive Area (ESA) fencing, monitoring during initial ground disturbing activities, coordination with City, Caltrans, CM, and contractor staff, and managing the project’s Environmental Commitment Record to track commitments as they are completed throughout construction. Dokken will also coordinate with the Contractor supplied biologist to ensure that all biological monitoring commitments are met. Dokken biologists will be available on-call for any unexpected discovery or emergency situation during construction. Dokken will provide agency coordination for start of construction, emergency management, and construction close out notification, as needed.

Deliverables – Task 32
 Completed Environmental Commitment Record tracking all mitigation and other measures throughout construction.
 Environmental Construction Support Monitoring Reports  Agency Notification Records
TASK 33 RELINQUISHMENT SUPPORT (HOURLY)
Task 33.1 Plat Maps and Legal Descriptions for 4 Parcel Adjustments Northstar will prepare plat maps and legal descriptions for 4 parcels to prepare them for the final right of way disposition.

Parcels to be considered include:
1) City needs an easement for the 54” sanitary sewer to be retained from the future Caltrans basin acquired from parcels 20 and 101.
2) City should request the State excess more width along Emerald avenue and a plat and legal should be prepared to accompany the relinquishment negotiations.
3) Plats and legals for the state to relinquish the areas outside the access control along Carpenter to MID or the City where the steel poles are located.
4) A right of way adjustment between the State, City and Mitchell (Parcel No. 33) may be desired.

Not included in this proposal are the final Record of Survey, Relinquishment Maps, monumentation of the right of way, right of way maps, and monumentation of the alignments. Proper scoping of these services is anticipated to require several meetings and negotiation with Caltrans District 10. #7..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A- 3 - SCOPE OF WORK
PAGE 4
Task 33.2 Relinquishment Support
Dokken will provide support to the City and Caltrans in preparing right of way adjustments on and around new SR-132 and relinquishment support for the existing SR-132, “Maze Boulevard”. Support from Dokken may include attending meetings, discussing relinquishment related to the 4 locations noted above in Task 33.1. At these properties along the new SR-132 a division between permanent State right of way and property in fee to be retained by the City should be identified.

TASK 34 UTILITY SUPPORT (HOURLY)
Task 34.1 Utility Support
Dokken will support the City and RE as requested with background information and coordination for planned utility relocations during construction. Support may include discussing potholing findings and research prior to construction, coordinating ongoing relocations with the utility companies, revising details to accommodate any change conditions for the utilities and supporting the City to comply with the utility agreements.

TASK 35 AS BUILT PLAN PREPARATION (HOURLY)
Task 35.1 Prepare As-Built Plans
Using mark-ups received from the RE and supplemental or revised drawings from addenda or RFI’s, Dokken will prepare the final record drawings. These drawings will be prepared electronically in Microstation format and provided on a CD and in both full and half size copies on bond paper.

Prior to preparing the full set of as-built plans, Dokken will meet with District 10 to discuss requirements of the as-built drawings and to clarify conflicting requirements in the Caltrans manuals and policies. Dokken will prepare minutes of the meeting and request definitive concurrence from District 10 of the as-built drawing requirements prior to preparing all the changes to the plan sheets.

Completed as-built plans will be submitted to the City of Modesto, Caltrans District 10/6, and Stanislaus County.

Deliverables – Task 35
 As-Built Plans (11x17) Electronic and Hard Copy Files

END OF PROPOSAL
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City Resoluion No.: 2017-174
CONSULTANT: Dokken Engineering Date: July 10, 2019

DIRECT LABOR
Classification Name Range Hours Total
Project Manager Matthew Griggs, PE $50.00 - $90.00 596 @ $ 82.00 $ 48,872.00 Senior Engineer Martin Maechler, PE $50.00 - $90.00 848 @ $ 71.00 $ 60,208.00 Associate Engineer Eric Espinoza, PE $40.00 - $65.00 1,128 @ $ 52.00 $ 58,656.00 Roadway Project Engineer Richard Sanders, PE $40.00 - $65.00 1,550 @ $ 44.00 $ 68,200.00 Senior Engineer Staff $50.00 - $90.00 516 @ $ 63.00 $ 32,508.00 Associate Engineer Staff $40.00 - $65.00 1,032 @ $ 52.00 $ 53,664.00 Assistant Engineer Staff $30.00 - $50.00 912 @ $ 38.00 $ 34,656.00 Land Surveyor Terry Fletcher, LS $40.00 - $60.00 0 @ $ 55.00 $ - Environmental Manager Namat Hosseinion $50.00 - $90.00 20 @ $ 80.00 $ 1,600.00 Senior Environmental Planner Tim Chamberlain $40.00 - $65.00 60 @ $ 52.00 $ 3,120.00 Associate Environmental Planner Staff $30.00 - $50.00 40 @ $ 42.00 $ 1,680.00 Environmental Planner/Biologist Staff $20.00 - $45.00 120 @ $ 34.00 $ 4,080.00 Senior CAD Detailer Staff $40.00 - $65.00 224 @ $ 59.00 $ 13,216.00 Engineering Technician Staff $19.00 - $40.00 120 @ $ 25.00 $ 3,000.00 @ $ - $ -
Subtotal Direct Labor Costs $ 383,460.00
Anticipated Salary Increases $ -
Total Direct Labor Costs $ 383,460.00
Rate Total
Fringe Benefit 72.19% $ 276,819.77
Total Fringe Benefits $ 276,819.77
Indirect Costs Rate Total
General and Administrative 78.01% $ 299,137.15
Overhead 6.84% $ 26,228.66
Total Indirect Costs $ 325,365.81
FEE (Profit) ( 10.00% ) Total Fee (Profit) $ 98,564.56
OTHER COSTS (TO BE INVOICED AT ACTUAL COST) Quantity Unit Rate Total • Subconsultant RFI Responses *(for 25%) 200000 $ 1.00 $ 200,000.00 • Wreco Shop Drawings * 25000 $ 1.00 $ 25,000.00
• O'Dell Shop Drawings 20000 $ 1.00 $ 20,000.00
• Y&C Shop Drawings * 25000 $ 1.00 $ 25,000.00
• Northstar Plats 8000 $ 1.00 $ 8,000.00
• 0 $ 1.00 $ -
• 0 $ 1.00 $ -
• 0 $ 1.00 $ -
• 0 $ 1.00 $ -
• Outside Reproduction 10,000 11 X 17 sheets $ 0.10 $ 1,000.00 Total Other Costs $ 279,000.00
TOTAL - Dokken Engineering $ 1,363,210.14
SUBCONSULTANT COSTS Total
• Included as ODC $ -
• $ -
• $ -
• $ -
• $ -
* DBE Firm DBE Participation: 7.3% TOTAL - Subconsultants $ - TOTAL COST - NOT TO EXCEED $ 1,363,210.14
EXHIBIT 10-H AMENDMENT 3 COST PROPOSAL
SR-132 Phase 1 Freeway/Expressway Project
EXHIBIT D-3 - Revised Fee Schedule
City of Modesto
Initial
Hourly
Rate
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SR-132 West Freeway/Expressway Phase 1 Project
Exhibit D-3 - Revised Fee Schedule
Revised July 10, 2019

DOKKEN ENGINEERING
TASK
Matthew Griggs(Project
Manager)
Martin Maechler, PE(Senior Engineer)Eric Espinoza, PE(Associate Engineer)Richard Sanders, PE(Associate Engineer)Senior Engineer Associate Engineer
Assistant EngineerNamat Hosseinion (Environmental Manager)Tim Chamberlain (Senionr Environmental Planner)Associate Environmental SpecialistEnvironmental Planner/ Biologist Senior
CADD/Detailers
Engineering
Technician
$231.85 $200.75 $147.03 $124.41 $178.13 $147.03 $107.44 $226.20 $147.03 $118.75 $96.13 $166.82 $70.69 TASK 30 - REQUESTS FOR INFORMATION (Hourly) 400 512 560 1128 452 560 504 64 40 4,220 $200,000.00 $848,693.90

30.1 Respond to RFI's 240 400 360 840 400 560 480 64 40 3,384 $512,038.07

30.2 RFI Support from Sub-Consultants 40 32 40 48 20 180 $200,000.00 $231,113.15

30.3 Site Visits to Address RFI's and Coordination 120 80 160 240 32 24 656 $105,542.68 TASK 31 - REVIEW OF SHOP DRAWINGS (Hourly) 48 280 136 274 64 440 1,242 $70,000.00 $267,513.65

31.1 Review of Shop Drawings 36 240 120 200 40 440 1,076 $170,867.85

31.2 Review of Shop Drawings for Pump Station (Wreco) 4 24 10 24 62 $25,000.00 $36,264.52

31.3 Review of Shop Drawings for Electrical and ITS (Y&C) 4 16 8 24 52 $20,000.00 $28,301.36

31.4 Review of Shop Drawings for 54" Sewer, Landscape and Irrigation (O'Dell) 4 8 40 52 $25,000.00 $32,079.91 TASK 32 - ENVIRONMENTAL CONSTRUCTION SUPPORT (Hourly) 20 60 40 120 240 $29,631.57

32.1 General Environmental Construction Support 20 60 40 120 240 $29,631.57 TASK 33 - RELINQUISHMENT SUPPORT (Hourly) 64 72 8 144 $8,000.00 $32,655.28

33.1 Plat Maps and Legal Descriptions for 4 Parcel Adjustments 16 32 8 56 $8,000.00 $16,550.18

33.2 Relinquishment Support 48 40 88 $16,105.10
TASK 34 - UTILITY SUPPORT (Hourly) 64 16 400 20 160 660 $96,540.11

34.1 Utility Support 64 16 400 20 160 660 $96,540.11
TASK 35 - AS BUILT PLAN PREPARATION (Hourly) 20 40 32 56 32 240 160 80 660 $1,000.00 $88,175.63

35.1 Prepare As-Built Plans 20 40 32 56 32 240 160 80 660 $1,000.00 $88,175.63 TOTAL HOURS 596 848 1,128 1,550 516 1,032 912 20 60 40 120 224 120 7,166 TOTAL COST $138,182.65 $170,234.51 $165,846.32 $192,831.41 $91,914.42 $151,731.74 $97,987.76 $4,523.90 $8,821.61 $4,750.10 $11,535.96 $37,367.45 $8,482.32 $279,000.00 $1,363,210.14 Total HoursDirect Costs

GRAND TOTAL - TOTAL
COSTS
TOTALS
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Dokken Engineering
Agreement for Design Services for State Route 132 West Freeway/Expressway - Phase 1 Project July 10, 2019
AUTHORIZED ORIGINAL BASE AGREEMENT: $6,400,000.00 Council approved 5/2/17 ADDITIONAL SERVICES, IF NEEDED: $600,000.00
TOTAL COMPENSATION: $7,000,000.00
FIRST ADDITIONAL SERVICES REQUEST: ($57,963.53) CM signed 9/28/17 SECOND ADDITIONAL SERVICES REQUEST: ($131,007.00) CM signed 11/3/17 THIRD ADDITIONAL SERVICES REQUEST: ($155,976.00) CM signed 1/25/18 FOURTH ADDITIONAL SERVICES REQUEST: ($197,237.00) CM signed 8/23/18 FIFTH ADDITIONAL SERVICES REQUEST: ($57,816.47) CM signed 12/31/18 ADDITIONAL SERVICES REMAINING: $0.00
FIRST AMENDMENT TO AGREEMENT: $344,095.43 Council approved 1/22/19 SECOND AMENDMENT TO AGREEMENT: $144,421.92 Council approved May 7, 2019 THIRD AMENDMENT TO AGREEMENT: $1,363,210.14
REVISED TOTAL AGREEMENT: $8,851,727.49
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Fourth Amendment -1- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project

FOURTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL DESIGN SERVICES FOR STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT This Fourth Amendment to Agreement for Professional Design Services is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and DOKKEN ENGINEERING, a California corporation (“Consultant”), entered into by the parties on the 2nd day of May, 2017, hereinafter referred to as “Original Agreement”.

This Fourth Amendment to the Original Agreement for Professional Design Services is made with regard to the following recitals:

B. On or about January 22, 2019, the parties entered into a First Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $344,095.43, and attaching corresponding Exhibits A-1 to the First Amendment “Revised Scope of Services” and Exhibit D-1 “Revised Fee Schedule.” C. On or about May 7, 2019, the parties entered into a Second Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $144,421.92, and attaching corresponding “Exhibit A-2 to the Second Amendment - Revised Scope of Services” and “Exhibit D-2 – Revised Fee Schedule.” C. On or about September 24, 2019, the parties entered into a Third Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $1,363,210.14, and attaching corresponding “Exhibit A-3 to the Second Amendment - Revised Scope of Services” and “Exhibit D-3 – Revised Fee Schedule.” DocuSign Envelope ID: C325595C-CFE9-46D6-958C-CD9FE5E0D905 #7..
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Fourth Amendment -2- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project D. On or about October 8, 2020, at the City’s request, Consultant submitted to City a budget augmentation for additional tasks to increase the amount of the Original Agreement, as amended, by an additional $304,270.00. The budget augmentation is attached hereto as “Exhibit A-4 to the Fourth Amendment - Revised Scope of Services” and the further revised fee schedule is attached hereto as “Exhibit D-4 – Revised Fee Schedule.” NOW, THEREFORE, in consideration of this Fourth Amendment to Agreement, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Professional Design Services and the First, Second, and Third Amendments to Agreement, the parties agree as follows:

1. The parties agree that each of the recitals set out above is factually true and correct.

2. Section 1.1 “Scope of Services” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:
“1.1 Scope of Services: Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the Original Agreement and referred to therein as Exhibit “A”. In addition, Consultant shall undertake and complete the preparation of the scope of work as set forth in “Exhibit A-1 to the First Amendment”, “Exhibit A-2 to the Second Amendment”, “Exhibit A-3 to the Third Amendment”, and
“Exhibit A-4 to the Fourth Amendment”, incorporated herein by this reference. The Consultant shall perform all services as required in a manner compatible with the standards of its profession and shall produce a fully complete project acceptable to City.”

3. Section 2.0 “CONTRACT DOCUMENTS” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:

DocuSign Envelope ID: C325595C-CFE9-46D6-958C-CD9FE5E0D905 #7..
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Fourth Amendment -3- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project “2.0 CONTRACT DOCUMENTS
Contract documents consist of the following documents, including all changes, addenda, and modifications thereto:

1. Agreement and all attachments
a. Exhibit A – Scope of Services
b. Exhibit A-1 to the First Amendment – Revised
Scope of Services
c. Exhibit A-2 to the Second Amendment – Revised
Scope of Services
d. Exhibit A-3 to the Third Amendment – Revised
Scope of Services
e. Exhibit A-4 to the Fourth Amendment – Revised
Scope of Services
f. Exhibit B – Insurance Requirements
g. Exhibit C – Project Schedule
h. Exhibit D – Fee Schedule
i. Exhibit D-1 – Revised Fee Schedule
j. Exhibit D-2 – Revised Fee Schedule
k. Exhibit D-3 – Revised Fee Schedule
l. Exhibit D-4 – Revised Fee Schedule

2. City’s Request for Proposal

3. Consultant’s Response”

4. Section 3.1 “Compensation” of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
“3.1 Compensation: Consultant and City agree that this Agreement is valid and enforceable only if sufficient funds are made available to the City and funding is approved by the governing body of the City. Consultant shall be paid in accordance with the schedule set forth in Exhibit “D” (Fee Schedule), attached hereto and made a part of this Agreement. In addition, Consultant shall be paid in accordance with the schedule set forth in Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, and in Exhibit “D-4”. Fee Schedule rates shall include all work and deliverables, including travel and equipment described in Exhibit “D”, Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, and Exhibit “D-4”, including direct salary costs, employee benefits, and overhead. The City may retain five percent of all periodic or progress payments made to the Consultant until completion and acceptance of all work tasks and City shall have right to withhold payment from Consultant for any unsatisfactory service until such time service is performed satisfactorily.

DocuSign Envelope ID: C325595C-CFE9-46D6-958C-CD9FE5E0D905 #7..
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Fourth Amendment -4- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project Consultant agrees to accept a sum not to exceed NINE MILLION,

ONE HUNDRED FIFTY-FIVE THOUSAND, NINE
HUNDRED NINETY-SEVEN AND 49/100 DOLLARS
($9,155,997.49) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" of the original agreement, “Exhibit A-1 to the First Amendment”, “Exhibit A-2 to the Second Amendment”, “Exhibit A-3 to the Third Amendment”, and “Exhibit A-4 to the Fourth Amendment”, for performance by Consultant of all of its duties and obligations under this Agreement.

A. The method of payment for this contract will be based on lump sum, unless otherwise indicated on Exhibit “D”, “D-1”, “D-2”, “D-3”, or “D-4” of this Agreement. The total lump sum price paid to Consultant will include compensation for all work and deliverables, including travel and equipment described in Exhibit “D,” Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, and Exhibit “D-4” of this contract. The hourly price paid to Consultant will include compensation for all work and
deliverables, including travel and equipment described in Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, and Exhibit “D4” of this contract. No additional compensation will be paid to Consultant, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between Consultant and City. Adjustment in the total lump sum compensation will not be effective until authorized by contract amendment and approved by City.

B. Progress payments may be made monthly in arrears based on the percentage of work completed by Consultant. If Consultant fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, City shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article VI Termination.

D. Consultant will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by City’s Project Manager of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which DocuSign Envelope ID: C325595C-CFE9-46D6-958C-CD9FE5E0D905 #7..
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Fourth Amendment -5- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project Consultant is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference the project title as noted elsewhere in this contract.

Final invoice must contain the final cost and all credits due City that include any equipment purchased under the
provisions of section 1.14 Equipment Purchase of this contract.

The final invoice should be submitted within 60-calendar days after completion of Consultant’s work. Invoices shall be mailed to City’s Project Manager at the following address:

Mr. John Rawles, c/o
Community & Economic Development Department
P.O. Box 642
Modesto, CA 95353
(209) 577-5253

6. Except as herein amended or modified, the provisions of the Original Agreement, First Amendment, Second Amendment, and Third Amendment are expressly reaffirmed and remain in full force and effect.

DocuSign Envelope ID: C325595C-CFE9-46D6-958C-CD9FE5E0D905 #7..
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DocuSign Envelope ID: C325595C-CFE9-46D6-958C-CD9FE5E0D905 504 8th
December
1/27/2021
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A-4, TO THE FOURTH AMENDMENT

REVISED SCOPE OF SERVICES
Revised October 8, 2020
The following Scope of Services is for miscellaneous, not-typical, design services requested during construction and for additional design services related right of way support, claim support, and right of way close out surveying. Approximately 2/3rds of these services are pass-through costs through Dokken to sub-consultants for specialty construction support services.

TASK 36 – Melton Olmsted Structure Modifications (HOURLY) Burne Engineering (Burne) will prepare structure modification plans for the industrial building on APN 029-015-008, Melton and Olmsted Enterprises Incorporated. The City has acquired a portion of the existing property. A metal industrial building lies on the portion of the parcel acquired and on the remainder retained by the owner. Burne will prepare plans to remove that portion of the building that lies in the recently acquired project right of way and reface the remainder of the building. Burne will prepare plans, submit the design to the City Building Department, address comments from the City and obtain a City Building Permit.

Dokken will respond to comments from the City stormwater reviewer and provide notes to Burne to be added to the plans to address stormwater management.

Task 37 – Surveying During Construction (HOURLY)
Northstar Engineering will perform survey services during the construction period. These services are to be initiated only upon request by the City and may include any of the following: 1) additional plat maps and legal descriptions necessary for final disposition of parcels, 2) quality assurance surveys to check staking by the Contractor surveyor, 3) staking of final rights of ways or property lines, or other survey support services requested by the City.

Task 38 – Cathodic Protection (LUMP SUM)
MurraySmith and V&A Consulting Engineers will develop cathodic protection details for the City of Modesto ductile iron pipe waterlines in the roadway and bridge on Rosemore Avenue and Carpenter Road.

MurraySmith:

Project Management: This task is to monitor the progress of the contract, coordinate with staff from Dokken Engineering, coordinate with V&A Engineering, and address issues that may come up in the course of performing the work. It also includes monitoring budgets and progress billing to confirm the project stays within scope and budget.
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
Document Review: Review the contract documents in detail relative to the water pipeline relocation and installation, confirming material selection, connections to existing watermains, material compatibility and overall functionality of the cathodic protection system.

Plans and Specifications: Review the proposed cathodic protection plans and specifications prepared by V&A Engineering and confirm their compatibility with existing and proposed conditions. Make recommendations as required and provide supplementary specifications if necessary for isolation joints. Identify the most suitable locations for cathodic test stations and anodes if necessary.

Prepare an estimated cost of the resulting corrosion protection items.

V&A Consulting Engineers, Inc.

1. Project Management: The objective of this task is to track and execute the project in accordance with the schedule, budget, and quality expectations that are established. This task includes the following project management work activities:
a. Monitor project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion; manage activities within total project budget.
b. Monitor project activities for potential changes and anticipate changes whenever possible; with approval, modify project tasks, task budgets, and approach to keep the overall project within budget and on schedule.
c. Manage the quality of all work activities and project deliverables.

2. Document Review: Review alignment, geotechnical information, and preliminary plans and specifications for pipeline design.

3. Pipeline Corrosion Control within Bridge Letter: Prepare a letter discussing and recommending corrosion control for the ductile iron water pipelines within the bridge (not exposed to soil). It is understood that this piping will be installed first and, therefore, there is high priority on issuing these recommendations as soon as possible. A draft electronic copy of the report will be submitted for review.

Comments will be incorporated, and a final electronic copy will be provided.

4. In-situ Soil Resistivity Testing: Measure soil resistivity using the Wenner four-electrode method along the proposed alignments. The resistivity testing will be conducted at three locations along Rosemore Avenue and three locations along Carpenter Road to a depth of 20 feet below grade or the proposed pipeline depth, whichever is shallower.

5. Soil Corrosivity Report: Prepare a soil corrosivity report with V&A’s interpretation and analysis of the soil resistivity testing and chemical analysis. The degree of corrosivity of the soil will be discussed with respect to ductile iron pipes. Recommendations will be made for corrosion control of the ductile iron water pipelines. A draft electronic copy of the report will be submitted for review. Comments will be incorporated, and a final electronic copy will be provided.

6. Plans and Specifications: Prepare plans and technical specification Section 13 47 13, “Cathodic Protection,” for the cathodic protection system or Section 13 47 13, “Corrosion Monitoring,” for the #7..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
corrosion monitoring system, depending on which system is recommended in the Soil Corrosivity Report.

Plans will be prepared in AutoCAD and will be provided in PDF format. Plans and specifications will be prepared for the 100% submittals. One round of comments will be addressed at each submittal.

7. Technical Assistance: Provide up to 8 hours of technical assistance and participation in conference calls, as required.

Task 39 – Groundwater Level Measurements (EACH, LUMP SUM) Aaron’s Well Drilling, Inc (Stackhouse Johns) will perform soundings for groundwater depth at well locations near the project upon authorization from Dokken and written permission from the owner. The cost provided by Aaron’s is $400 for each measurement to be billed to Dokken Engineering in a lump sum amount for each test.

The City will arrange for permission to enter the properties of the well owners.

Task 40 – Site Reviews for ADA Compliance (HOURLY)
Sally Swanson Architects (SSA) will provide on-call ADA access compliance consulting services to the City of Modesto upon request. SSA will be working under the direct authorization of Dokken Engineering.

Services may include but not limited to the following:
• Preliminary review of ADA project scoping.
• On-site or conference construction meeting(s) with project team to resolve difference in design access philosophy as requested.
• Site accessibility survey and report.
• Accessibility plan review.
• Assessing, evaluating and documenting (narrative/report) ADA code compliance issues. • Pre-installation field visit(s) as requested.
• On-site constructability or peer review services to support construction schedule as requested.
• Access compliance plan review of addendum and change order. • Assist project team to resolve any ADA issues may arise in the filed during construction Phase. • Provide interpretation of guidelines and regulations. • Accessibility punch-list walk and report for completed or on-going constructions. • Other ADA technical assistance/consultation via telephone or conference call.

Dokken will assist with coordination of the ADA services and process invoicing and payments for SSA.

Task 41 – Additional As-Needed Design Support (HOURLY)
Dokken Engineering and our subconsultants will provide ongoing design support to the City of Modesto and the Resident Engineer. The survey close-out tasks are anticipated to be performed by Northstar Engineering.

This task may include any of the following work items as requested or as needed:
· Support to the City for Right-of-Way transfers and close out with Caltrans #7..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
· Property Transfer Deed Legal Descriptions
· Post Construction “After Condition” Record of Survey
· Updated Caltrans Right-of-Way Map
· Relinquishment Support – for meeting with Caltrans, agreement review / support, property exchanges with the Department, preparation of exhibits or mapping · Claim Support – engineering support from the design team to evaluate the merit and or value of potential claims.
· Other as-needed design engineer requests
End of Amendment No. 4.
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DESIGN SUPPORT DURING CONSTRUCTION - ADDITIONAL SUBCONTRACTED TASKS State Route 132 West Freeway/Expressway - Phase 1 Project Exhibit D-4, Revised Fee Schedule
TASK
Matthew Griggs, PE(Project Manager)Juann Ramos, PE Senior Engineer Associate Engineer
Assistant Engineer
Administration/Clerical
PrincipalProject Manager andSr. Technical ArchitectSr. Policy SpecialistSr. Access ConsultantDrafter or Technical StaffClerical $226.20 $183.78 $147.03 $93.31 $70.69 $225.00 $160.00 $185.00 $125.00 $110.00 $75.00 TASK 36 - Melton Olmsted Structure Modification (Hourly) 4 4 8 7,000 $8,187.52 8 $7,000.00 $8,187.52

36.1 Melton Olmsted Structure Modification 4 4 8 7,000 $8,187.52 8 $7,000.00 $8,187.52 TASK 37 - Surveying During Construction (Hourly) 6 3 9 $10,000 $11,094 9 $10,000 $11,094

37.1 Surveying During Construction 6 3 9 $10,000 $11,094 9 $10,000 $11,094 TASK 38 - Cathodic Protection 2 20 16 5 43 $30,600 $35,839 43 $30,600 $35,839

38.1 Design of Cathodic Protection, Dokken (Hourly) 2 20 16 5 43 $5,239 43 $5,239

38.2 Design of Cathodic Protection - Murray Smith (Lump Sum) $30,600 $30,600 - $30,600 $30,600 TASK 39 - Groundwater Level Measurements 2 6 2 10 $2,400 $3,876 10 $2,400 $3,876

39.1 Sounding Coordination & Well Research (Hourly) 2 6 2 10 $1,476 10 $1,476

39.2 Groundwater Soundings (Each, Lump Sum) $2,400 $2,400 - $2,400 $2,400 TASK 40 - Site Reviews for ADA Compliance (Hourly) 4 12 8 8 32 $4,851.89 20 60 40 160 20 20 320 4,800 50,000 352 $4,800 $54,852

40.1 Site Reviews for ADA Compliance 4 12 8 8 32 $4,852 20 60 40 160 20 20 320 4,800 50,000 352 $4,800 $54,852 TASK 41 - Additional Design Support (Hourly) 60 60 400 60 20 600 $100,000 $190,421.53 600 $100,000 $190,422

41.1 Additional As Needed Design Support 60 60 400 60 20 600 $100,000 $190,421.53 600 $100,000 $190,422 TOTAL HOURS 72 72 440 76 42 702 20 60 40 160 20 20 320 1,022 TOTAL COST 16,286$ $ 13,232 $ 64,692 7,091$ $ 2,969 $150,000 $ 254,270 4,500$ 9,600$ 7,400$ 20,000$ 2,200$ 1,500$ 4,800 50,000 $ 154,800 $ 304,270 Total Hours Total Cost Direct CostsGRAND TOTAL - TOTAL
COSTS

GRAND TOTAL - DIRECT
COSTS
SALLEY SWANSON ARCHITECTS INC.

GRAND TOTAL - HOURS
Total Hours Total Costs Direct Costs
October 8, 2020

DOKKEN TOTALS
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Economic Development CommitteeMarch 7, 2022

Economic Development Committee
March 7, 2022