Agenda packet, first session — Modesto City Council, April 5, 2022 (part 3 of 6)

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553481 27-AUG-21 CoM Misc MODESTO 1010, 10th Street 19.07 22-FEB-22 Modesto, CA 95354
United States
553482 27-AUG-21 CoM Misc MODESTO 1010, 10th Street 52.92 22-FEB-22 Modesto, CA 95354
United States
553484 27-AUG-21 CoM Misc MODESTO 1010, 10th Street 69.00 22-FEB-22 Modesto, CA 95354
United States
553487 27-AUG-21 CoM Misc MODESTO 1010, 10th Street 1.00 22-FEB-22 Modesto, CA 95354
CoM PRIMARY Report Date: 03-MAR-2022 11:19
Void Payment Register Page: 2
Include Zero Amount Payments: No Period From: 01-FEB-22 To: 28-FEB-22 Display Payee Address: Yes Date: Void Date
Bank: Bank of the West Branch: Main Branch Account: BoTW Main Acount AP Checks Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Payment Number Date Payee Name Site Address Payment Amount Void Date --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: CoM AP BoTW Check
553487 1010, 10th Street
Modesto, CA 95354
United States
553489 27-AUG-21 CoM Misc MODESTO 1010, 10th Street 0.49 22-FEB-22 Modesto, CA 95354
United States
553490 27-AUG-21 CoM Misc MODESTO 1010, 10th Street 48.00 22-FEB-22 Modesto, CA 95354
United States
553494 27-AUG-21 CoM Misc MODESTO 1010, 10th Street 100.00 22-FEB-22 Modesto, CA 95354
United States
553507 27-AUG-21 CoM Rebate Modesto 1010 10th STREET 200.00 22-FEB-22 MODESTO, CA 95354
United States
553534 27-AUG-21 CoM Utilities MODESTO 1010, 10th Street 134.99 22-FEB-22 Modesto, CA 95354
United States
558328 17-DEC-21 REDISTRICTING PARTNERS LLC MAIN 730 HOWE AVE SUITE 425 38,000.00 17-FEB-22 SACRAMENTO, CA 95825
United States
558828 07-JAN-22 CLERK-RECORDER MAIN STANISLAUS COUNTY 120.00 11-FEB-22 1021 I STREET
MODESTO, CA 95354
United States
558849 07-JAN-22 DOCUSIGN INC MAIN 221 MAIN STREET, SUITE 1000 18,975.00 11-FEB-22

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SAN FRANCISCO, CA 94105
United States
558899 07-JAN-22 LOVE MODESTO MAIN 1401 F STREET 6,000.00 17-FEB-22 MODESTO, CA 95354
United States
559474 28-JAN-22 Kelley, Shawn R OFFICE 491.85 11-FEB-22 559478 28-JAN-22 Pimentel, Ivan S OFFICE 491.85 11-FEB-22 559496 28-JAN-22 CoM Rebate Modesto 1010 10th STREET 200.00 11-FEB-22 MODESTO, CA 95354
United States
559662 28-JAN-22 SCOTT REDENBAUGH CONSTRUCTI MAIN PO BOX 1503 4,517.61 17-FEB-22 MODESTO, CA 95353
United States
559928 04-FEB-22 PACIFIC GAS AND ELECTRIC MAIN BOX 997300 3,270.72 11-FEB-22 SACRAMENTO, CA 95899-7300
United States
-----------------
Payment Document Subtotal 74,283.41
CoM PRIMARY Report Date: 03-MAR-2022 11:19
Void Payment Register Page: 3
Include Zero Amount Payments: No Period From: 01-FEB-22 To: 28-FEB-22 Display Payee Address: Yes Date: Void Date
Bank: Bank of the West Branch: Main Branch Account: BoTW Main Acount AP Checks Bank Account Currency: USD Payment Currency: USD ( US Dollar ) -----------------
Bank Account Subtotal 74,283.41
CoM PRIMARY Report Date: 03-MAR-2022 11:19
Void Payment Register Page: 4
Include Zero Amount Payments: No Period From: 01-FEB-22 To: 28-FEB-22 Display Payee Address: Yes Date: Void Date
Bank: Bank of the West Branch: Main Branch Account: BoTW E-Payables (Main) AP Bank Account Currency: USD Payment Currency: USD ( US Dollar ) Payment Number Date Payee Name Site Address Payment Amount Void Date --------------- --------- --------------------------- --------------- --------------------------------- ----------------- --------- Payment Document: Epayable
812958 02-FEB-22 AMANO MCGANN INC E-PAY 1604 E-PAY 1604 1,723.85 17-FEB-22 ROSEVILLE, MN 55113
United States
-----------------
Payment Document Subtotal 1,723.85

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-----------------
Bank Account Subtotal 1,723.85
-----------------
Report Count: 33 Report Total 76,007.26
*** End of Report ***

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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 5, 2022
Date: March 14, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: November and December 2021 Grant Application and Awards CONTACT: Maria Garnica, Accounting Manager, [email protected] 209-577-5249
DESCRIPTION:

Consider accepting an informational report on the November and December 2021 grant applications and awards. (Funding Source: Not Applicable) 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:

The Finance Department coordinated with California Consulting to update the Administrative Directive 7.2, “Grant Management.” The revised directive was updated on July 1, 2021 to streamline the grant management process and to establish better controls on local match requirements, including potential future costs which could be required as part of a grant agreement. Additionally, the Finance Department coordinated several training sessions to highlight key changes to the new directive.

This directive has eliminated the requirement to go to Council for the application and acceptance of grant awards if the amount of the grant is less than $1,000,000 and does not require any local match funding. The Director of Finance is authorized to approve grant applications and awards under $25,000 with no local funding requirements. The City Manager has the authority for approving grant applications and awards between $25,000 and under $1,000,000 with no local match funding requirements. Due to the need for quick turnaround on grant application and award acceptance required by the granting agencies, this directive allows for City departments to apply for more grants within the grant application periods and provide quick response to award acceptance deadlines.

The Finance Department will inform Council of all grant activity by preparing a bi-monthly informational report on both grant applications and awards. Finance Department has established #21..
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City Council, April 5, 2022
November and December 2021 Grant Application and Awards

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internal grant application forms to manage the types of grants being applied for and to ensure local match requirements will be managed within our current budget.

City departments continue to actively pursue new grant opportunities as part of notifications received from federal, state, and local agencies they have subscribed to, such as Department of Housing, Department of Transportation, State Water Resources Control Board, Department of Justice and professional government associations. City departments have staff assigned to monitor these grant application notices to determine if the City meets the required qualifications to apply for the grant.

DISCUSSION:

During the months of November and December 2021, City Council approved the below grant application and award acceptance agreements recommended by City staff based on opportunities to receive federal, state and/or local grant funds for the City with required local match or which exceeded $1,000,000 with no local match.

Community and Economic Development Department:
(Grant Application $1,507,287 – Local Match $0) Permanent Local Housing Allocation (PLHA) Program. This allocation of PLHA funds will be used to fund the predevelopment, development, acquisition, rehabilitation and preservation of multifamily, residential livework, rental housing that is affordable to extremely low, very low, or moderate-income household, including necessary operating subsidies. Additionally, funds will also be used to assist persons who are experiencing or at risk of homelessness, including but not limited to providing rapid housing and rental assistance.

During the months of November and December 2021, the Director of Finance and City Manager approved the below grant applications and award acceptance agreements recommended by City staff based on opportunities to receive local grant funds for the City with no required local match.

Public Works Department:
(Grant Application $35,000 – Local Match $0) Tire Enforcement Grant Cycle #29 (TEA 29). Funds from this grant will be used to fund the enforcement of waste tire facility inspections for compliance with state laws and surveillance for illegally dumped tires. The grant funds staff time and equipment costs to ensure tire business remain within the State Law and keep illegally dumped tires out of our streets and alleys.

Community and Economic Development Department:
(Grant Application $50,000 – Local Match $0) Cannabis Equity Grants Program for Local Jurisdictions, this grant will fund the procuring of a consultant to assist staff with public outreach efforts for developing a cannabis equity program at the City of Modesto.

FISCAL IMPACT:

No fiscal impact will result from the acceptance of this informational report on November and December 2021 grant application and awards. A monthly summary by grant application and awards is below:

Grant Applications: $ 1,592,287
Grant Applications Local Match Amount: $ 0
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November and December 2021 Grant Application and Awards

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COMMITTEE RECOMMENDATION:

This item was accepted by the Finance Committee on February 28, 2022 and approved to forward to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion accepting an informational report for the November and December 2021 grant applications and awards.

Approved by:

DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:

1. November and December 2021 Grant Applications and awards #21..
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November and December 2021 Grant Applications
Grant Application
Grant Title Month Grant Awarding Agency City Department Name/Division Grant
Application
Amount
Grant Application
Local Match
Amount
Tire Enforcement Grant Cycle #29 (TEA 29) NOV-21 CalRecycle Public Works $ 35,000 $ - Permanent Local Housing Allocation (PLHA) program DEC-21 California Department of Housing and Community Development Community & Economic Development Department $ 1,507,287 $ - Cannabis Equity Grants Program for Local Jurisdictions DEC-21 State of California GO-Biz Community & Economic Development Department $ 50,000 $ - Total $ 1,592,287 $ -
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 5, 2022
Date: March 3, 2022
TO: Mayor & City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: Amending the Position Allocation Plan
CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:

Consider amending the Position Allocation Plan in three departments: adding one Administrative Office Assistant III allocation in the Modesto Fire Department; and reallocating two Senior Utility Service Workers to two Senior Plant Mechanics, three Plant Mechanic Trainees to three Plant Mechanic II’s, eliminating two Utilities Service Worker III’s, and amending the salary range of the Plant Maintenance Planner from 134 to 136 in the Utilities Department; and allocating two limited-term Administrative Analyst II’s, and reallocating one Housing Rehabilitation Specialist to a Community Development Program Specialist in the Community and Economic Development Department. (Funding Source: Various Funds) STRATEGIC PLAN ELEMENT:

This item supports the 2020-2025 Strategic Plan’s Service and Delivery Goals & Strategies - Building a High-Performing Organization by Attracting and Retaining High Performance Employees.

BACKGROUND:

Personnel Rule 2.1 states, “The City Manager shall ascertain the duties and responsibilities of all positions in the City service, except those positions which are filled by appointees of the City Council and after appropriate consultation with employees and department heads, shall prepare a classification plan for such positions.” As business needs and market conditions change, there is a need to adjust certain positions to better meet these business needs or better conform to industry best practices. Positions may be adjusted or created through the City’s Classification Study policies and procedures. The City found it necessary to review several classifications. #22..
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Fire Department
The Fire Prevention division of the Modesto Fire Department provides services for construction projects throughout the City. Over the last few years, the department has experienced an increased demand for plan reviews and building inspections. The additional workload has been handled by adding a part-time administrative support staff. As workload increased, a second part-time support staff was brought aboard.

Utilities
Many Utilities studies have been conducted over the years. In 2015, a utilities study was conducted and the recommendation came forward to consolidate similar positions and eliminate specialty positions. Crew leaders were consolidated into the Utilities Service Worker series and became Senior Utilities Services Workers. At this time, Collection System Crew Leaders, who oversaw the Water Quality Control Technicians, were also reclassified to Senior Utilities Service Workers and Water Quality Control Technicians became Plant Mechanics. This mixed two classification series within the structure of one area of Utilities. The Senior Plant Mechanic job class was also created at this time to create a full series in Plant Mechanics.

Community and Economic Development
As an Entitlement Community, each year, the City receives Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), and Permanent Local Housing Allocation (PLHA) funding from the U.S. Department of Housing and Urban Development (HUD), and State of California (HCD) through a formula grant allocation.

In Program Year 2020-2021, the City’s CDBG allocation was $1,900,665, the City’s HOME allocation was $934,587, the City’s ESG allocation was $164,549, and the City’s PLHA allocation was $1,507,287.

In addition to the annual CDBG, ESG, and HOME entitlement funding, the City was awarded one-time grants to prepare, prevent, and respond to COVID-19 through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The City received $2,385,772 in Community Development Block Grant -Coronavirus (CDBG-CV) and $3,928,372 in Emergency Solutions Grant - Coronavirus (ESG-CV). The 2020-2021 CAPER1 will report both entitlement and CARES Act funding accomplishments.

DISCUSSION:

Staff recommends position allocation additions and changes in three departments, Modesto Fire Department, Utilities, and Community and Economic Development due to changes in business needs.

Fire Department
The Fire Prevention division of the Fire Department has experienced an increased workload due to higher demands for plan reviews and building inspections. Currently the division is using two part-time Administrative Office Assistants. Using part-time staffing limits the department due to CalPERS rules on hour limits per fiscal year. These limits require part-time staff to take a break in service once the limits are reached. In order to create stability in the services we provide, staff recommends adding one Administrative Office Assistant III allocation. The department will use 1 Consolidated Annual Performance Evaluation Report
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the funds currently used to fund the two part-time positions and additional revenue generated from the increased demand to fund the full-time position.

Utilities
Because of the consolidation of positions, over the years the Senior Plant Mechanics have received salary range adjustments which are a separate series from the Utilities Services Worker series. The Senior Utilities Service Workers, who currently oversee the Plant Mechanic series, are tied to salaries within the Utilities Service Worker classification series. These positions have received different adjustments as they are utilized across the department in different capacities. This has created a salary discrepancy between the Senior Plant Mechanics and the Senior Utilities Service Workers.

In order to correct the misalignment, staff recommends reclassifying the Senior Utilities Service Workers in this area to Senior Plant Mechanics. This will bring them back into the series that is being utilized and create better succession structure. Staff also recommends combining the Plant Mechanic Trainee with the Plant Mechanic I/II series to allow for progression as experience is acquired and adjusting the Plant Maintenance Planner salary range to align with the duties and responsibilities.

Community and Economic Development
Over the last couple of years, the City has received an increased amount of funding both from the State and Federal government to support affordable housing and homelessness. To utilize this funding, there is a need for additional staff members to support the grant funding and programs. The positions are critical to development and facilitation of state and federally funded (PLHA, Homekey, CDBG, HOME & ESG) funded programs and projects, such as: The City’s Annual Action Plan; Public Service Request for Proposals; monitoring of the City’s subgrantees. Without adequate staffing and oversight, the City could be at risk of losing some of its HUD entitlement funds, State entitlement funds and/or required to use General Fund monies to reimburse HUD for ineligible programs and projects.

Staff recommends adding two Administrative Analyst allocations as limited term positions for three years and specialize respectively in affordable housing and homelessness. The positions will be reassessed at the end of the three-year term to determine potential ongoing funding and extend as appropriate. In addition, staff recommends reallocating one Housing Rehabilitation Specialist to one Community Development Program Specialist to support this increase in funding.

COMMITTEE RECOMMENDATION:

This agenda item was reviewed by Finance Committee on February 28, 2022 and was recommended for forwarding to the City Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution amending the Position Allocation for Fiscal Year 2021-22 as adopted in the Operating Budget.

Resolution amending the Classification Plan for the City of Modesto to amend the Plant Maintenance Planner salary range from 134 to 136.
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Approved by:

Christina Alger, Director of Human Resources
Joseph P. Lopez, City Manager
Attachments:

1. Resolution Amending Position Allocation

2. Resolution Amending Classification Plan

3. 100 Series – General Class Range Table 03.08.22
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?

RESOLUTION AMENDING THE POSITION ALLOCATION FOR FISCAL
YEAR 2021-22 AS ADOPTED IN THE OPERATING BUDGET
WHEREAS, a Position Allocation for the City of Modesto was adopted by Modesto City Council on June 23, 2021, as part of the Annual Budget of the City of Modesto for Fiscal Year 2021-22, and
WHEREAS, classification studies are conducted to ensure that a classification system is equitable and consistent within an organization and that positions are correctly classified, and
WHEREAS, per Personnel Administrative Order 2.2-87-12, a classification study may be conducted in response to a reclassification request, to develop/revise a classification specification, or to assist in a reorganization, and WHEREAS, classification studies were conducted by Human Resources to determine appropriate classifications, and
WHEREAS, position changes will be effective the first day of the pay period upon adoption, unless otherwise noted.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves amending the Position Allocation and the Fiscal Year 2021-22 Operating Budget for various departments as follows:

1. Add two (2) Administrative Analyst II in the HUD Administration Division ((14111) of the Community and Economic Development Department. #22..
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2. Reallocate one (1) Housing Rehabilitation Specialist to one (1) Community Development Program Specialist II in the HUD Administration Division (14111) of the Community and Economic Development Department.

3. Add one (1) Administrative Office Assistant III in the Fire Prevention Division (18510) of the Modesto Fire Department.

4. Reallocation one (1) Senior Utilities Services Worker to one (1) Senior Plant Mechanic in the Sutter Plant Maintenance Division (44313) of the Utilities Department, and reclassify the incumbent accordingly.

5. Reallocate one (1) Senior Utilities Services Worker to one (1) Senior Plant Mechanic in the Jennings Plant Maintenance Division (44314) of the Utilities Department.

6. Reallocate one (1) Plant Mechanic Trainee to one (1) Plant Mechanic II in the Sutter Plant Maintenance Division (44313) of the Utilities Department.

7. Reallocate two (2) Plant Mechanic Trainee to two (2) Plant Mechanic II in the Jennings Plant Maintenance Division (44314) of the Utilities Department.

8. Eliminate one (1) Utilities Services Worker II in the Jennings Plant Maintenance Division (44314) of the Utilities Department.

9. Eliminate one (1) Utilities Services Worker III in the Jennings Plant Maintenance Division (44314) of the Utilities Department.

The foregoing resolution was adopted at a regular meeting of the Council of the City of Modesto held on the 5th day of April 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
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AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST:

DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ___________________________________
JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?

RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR THE

CITY OF MODESTO TO AMEND THE PLANT MAINTENANCE
PLANNER SALARY RANGE FROM 134 TO 136
WHEREAS, a Position Classification Plan for the City of Modesto was adopted by Modesto City Council Resolution No. 2021-237 pursuant to Rule 2.2 of the Personnel Rules and Regulations of the City of Modesto, and
WHEREAS, the City Manager has recommended to the Council amendments to the Position Classification Plan, and
WHEREAS, Rule 2.2 of the City of Modesto Personnel Rules provides that revisions to the Classification Plan shall be effective upon adoption of resolution of the City Council.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto as follows:

1. CLASSIFICATION PLAN AMENDED. The Position Classification Plan of the City of Modesto is hereby amended to amend the Plant Maintenance Planner salary range from 134 to 136.

2. EFFECTIVE DATE. This Resolution shall become effective the first day of the pay period following adoption.

The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 5th day of April 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: ?
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NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST:

DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _________________________________
JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO

CLASS RANGE TABLE

GENERAL NON-SWORN CLASSES
Effective March 8, 2022
______________________________________________________________________

RANGE TITLE
103
104 Custodian I
106 Engineering Intern
107 Administrative Office Assistant I
108 Custodian II
Parking Enforcement Officer
110 Account Clerk I
111 Administrative Office Assistant II
Custodian Crewleader
Exhibits Coordinator
112
114 Account Clerk II
Equipment Service Technician
Storeskeeper
115 Administrative Office Assistant III
116 Maintenance Worker I
117 Electrician Assistant I
118 Electrical and Instrumentation Technician Trainee
Senior Account Clerk
Senior Storeskeeper
Tree Trimmer I
119 Fleet Procurement Technician
Plant Mechanic Trainee
Production Technician
Senior Administrative Office Assistant
120 Assistant Buyer
Account Technician I
Equipment Operator I
Maintenance Worker II
Utilities Services Worker I
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Class Range Table – General Non-Sworn Classes

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RANGE TITLE
______________________________________________________________________ 121 Code Enforcement Officer I - Neighborhood Preservation Unit Electrician Assistant II
Groundskeeper
Water Resource Specialist
122 Accountant I
Administrative Services Technician I
Environmental Compliance Technician
Tree Trimmer II
123 Development Services Technician I
Engineering Assistant Trainee
Heavy Equipment Mechanic I
Laboratory Analyst I
Utilities Plant Operator Trainee
124 Account Technician II
Equipment Operator II
Community Development Program Specialist I
Electrician Assistant III
Equipment Operator
Parking Services Crewleader
Recreation Coordinator
Solid Waste Enforcement Officer
Utilities Services Worker II
Water Conservation Specialist
125 Code Enforcement Officer II - Neighborhood Preservation Unit Parks Maintenance Crewleader
Parks Maintenance Mechanic
126 Administrative Services Technician II
Airport Maintenance Worker
Building Maintenance Technician
Development Services Technician II
Fire Equipment Mechanic
Housing Financial Specialist
Housing Rehabilitation Specialist I
Multimedia Designer
Tree Trimmer Crewleader
127 Engineering Assistant I
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Class Range Table – General Non-Sworn Classes

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RANGE TITLE
______________________________________________________________________ Environmental Compliance Inspector I
Heavy Equipment Mechanic II
Laboratory Analyst II
Traffic Operations Technician
Utilities Plant Operator I
Welder/Fabricator
128 Building Inspector I
Community Development Program Specialist II
Cross Connection Specialist
Plant Mechanic I
Senior Equipment Operator
Utilities Services Worker III
Water Meter Technician
129 Head Groundskeeper
Senior Fire Equipment Mechanic
130 Housing Rehabilitation Specialist II
131 Airport Maintenance Crewleader
Electrical and Instrumentation Technician
Electrician - Traffic and Buildings
Engineering Assistant II
Environmental Compliance Inspector II
Heavy Equipment Mechanic Crewleader
Laboratory Analyst III
Traffic Striping Crewleader
Utilities Plant Operator II
132 Building Inspector II
Building Maintenance Specialist
Construction Inspector
Operations Crewleader
Plant Mechanic II
Senior Utilities Services Worker
133
134 Environmental Review Specialist
Plans Examiner
Senior Environmental Compliance Inspector
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Class Range Table – General Non-Sworn Classes

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RANGE TITLE
______________________________________________________________________ 135 Electrician Crewleader
Engineering Project Coordinator
Senior Utilities Plant Operator
136 Plant Maintenance Planner
Senior Building Inspector
Senior Construction Inspector
Senior Plant Mechanic
Survey Party Chief
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 5, 2022
Date: March 11, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: Second Amendment to Legal Services Agreement with Lafayette & Kumagai for Continued Representation
CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:

Consider approving a Second Amendment to the Legal Services Agreement with Lafayette & Kumagai, LLP in the amount of $200,000, for a total amount not to exceed $245,000 for continued representation in personnel matters and extending the term of the agreement to April 1, 2024. (Funding Source: General Liability Insurance Fund) STRATEGIC PLAN ELEMENT:

This item supports the City’s 2020-2025 Strategic Plan Goals to build a high-performance organization and achieve financial sustainability.

BACKGROUND:

On November 5, 2020, the City entered into a standard Legal Services Agreement with Lafayette & Kumagai, LLP in the amount of $45,000 for representation in labor and employment matters. A First Amendment to the Legal Services Agreement was executed on June 30, 2021, to extend the term of the agreement to June 30, 2022.

DISCUSSION:

Lafayette & Kumagai has recently been assigned an additional personnel matter and staff requests an amendment to the agreement to extend the term of the agreement to April 1, 2024, and increase the agreement budget in the amount of $200,000, for continued services for a total agreement amount not to exceed $245,000.

In accordance with Modesto Municipal Code Sec. 8-3.204(a), Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bidding requirement. The approval for continued legal service to Lafayette & Kumagai conforms #23..
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to Modesto Municipal Code 8-3.204, subsection (a) as they are providing professional services for personnel matters.

FISCAL IMPACT:

Costs for Lafayette & Kumagai, LLP will be absorbed within the General Liability Fund, with a not to exceed amount of $245,000. Human Resources Department will manage the agreement services pursuant to the not to exceed budget.

COMMITTEE RECOMMENDATION:

This item was not presented to a committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Second Amendment to the Legal Services Agreement with Lafayette & Kumagai, LLP, in the amount of $200,000, for a total amount not to exceed $245,000, for continued representation in personnel matters, extending the term to April 1, 2024, and authorizing the City Manager or his designee to execute the Agreement.

Approved by:

Christina Alger, Director of Human Resources
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Second Amendment to the Legal Services Agreement Lafayette & Kumagai, LLP #23..
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION APPROVING A SECOND AMENDMENT TO THE LEGAL

SERVICES AGREEMENT WITH LAFAYETTE & KUMAGAI, LLP IN THE AMOUNT OF $200,000, FOR A TOTAL AMOUNT NOT TO EXCEED $245,000,

FOR CONTINUED REPRESENTATION IN PERSONNEL MATTERS,
EXTENDING THE TERM TO APRIL 1, 2024, AND AUTHORIZING THE CITY

MANAGER OR HIS DESIGNEE TO EXECUTE THE AGREEMENT
WHEREAS, on November 5, 2020, the City entered into a standard Legal Services Agreement with Lafayette & Kumagai, LLP in the amount of $45,000 for representation in labor and employment matters; and
WHEREAS, a First Amendment to the Legal Services Agreement was executed on June 30, 2021 to extend the term of the agreement to June 30, 2022; and WHEREAS, Lafayette & Kumagai has recently been assigned an additional personnel matter and staff would like to amend the agreement to extend the term of the agreement to April 1, 2024, and increase the agreement budget in the amount of $200,000, for continued services for a total agreement amount not to exceed $245,000.

WHEREAS, the City has drafted a Second Amendment to the Legal Services agreement with Lafayette & Kumagai, LLP for continued services and representation.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Second Amendment to the Legal Services Agreement with Lafayette & Kumagai, LLP in the amount of $200,000, for a total not to exceed amount of $245,000, and extends the term of the agreement to April 1, 2024, as provided in Exhibit A attached hereto and incorporated herein.

BE IT FURTHER RESOLVED, that the City Manager or his designee, are hereby authorized to execute the agreement.

The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 5th day of April 2022, by Councilmember ________, #23..
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who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _________________________________
JOSE M. SANCHEZ, City Attorney
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SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT
This Second Amendment to the Legal Services (this “Second Amendment”), is made and entered into on the 5th day of April 2022 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“City”), and LAFAYETTE & KUMAGAI, LLP (“Attorney”), located at 1300 Clay Street, Suite 810, Oakland, California 94612. City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as “Party”.

RECITALS
WHEREAS, City and Attorney entered into a Legal Services Agreement (“Agreement”) to provide for legal advice, representation and assistance on matters involving personnel and administrative investigations; and
WHEREAS, Attorney is specially trained, experienced and competent to perform such services; and
WHEREAS, the public interest, economy and general welfare will be served by the Agreement; and
WHEREAS, City and Attorney desire to amend the Agreement to extend the termination date and increase the budget of said agreement.

NOW, THEREFORE, it is hereby agreed that the Legal Services Agreement between the City of Modesto and Lafatette & Kumagai, LLP dated November 5, 2020, and amended on June 30, 2021 is amended as follows:

1. Section 1(b) of Paragraph 1, “Services,” is amended to state as follows:

Term: This Agreement shall become effective on the Effective Date, and shall continue through April 1, 2024 unless sooner terminated as provided in Section 7.

2. Section 2(a) of Paragraph 2, “Fees and Costs,” Hourly Rates is amended to state as follows:
“The total of all fees paid to Attorney for the performance of all services set forth in Section 1(thereafter the “Service”), and for all authorized Reimbursable Expenses (as defined hereafter), shall not exceed a total sum of two hundred and forty-five thousand dollars ($245,000).

2. Entire Agreement. The parties to this Second Amendment understand and agree that except as stated herein all terms and conditions of the original Agreement, dated November 5, 2020, remain in full force and effect to the extent they are not in conflict with this Second Amendment. This document, including all exhibits, contain the entire amendment to the #23..
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Agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Second Amendment. No alteration to the terms of this Second Amendment shall be valid unless approved in writing by Attorney and by City, in accordance with applicable provision of the Modesto City Code.

3. Authority. The person signing this Second Amendment for Attorney hereby represents and warrants that he/she is fully authorized to sign this Second Amendment on behalf of Attorney and to bind Attorney to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the Parties have executed this Second Amendment as of the dates stated below.

CITY OF MODESTO,
A Municipal Corporation
By:

Print name: Scotty Douglass
Title: Deputy City Manager
ATTEST:
____________________________________
Dana Sanchez, Interim City Clerk
____________________________________
Christina Alger, Director of Human Resources
[Signatures Continued on Next Page.]
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ATTORNEY:

LAFAYETTE & KUMAGAI, LLP
______________________________________
______________________________________
Federal I.D. No.
______________________________________
State I.D. No.
______________________________________
City of Modesto Business Op. Tax Cert. No.

TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
__x___ Other (please specify: ___Limited Liability Partnership ___________) ______________________________________
Signature of Authorized Person
______________________________________
Title
______________________________________
Additional Signature (if required)
______________________________________
Title
#23..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 5, 2022
Date: March 15, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Purchase of Retired City of Modesto Police Canine Cash by Sergeant Kalani Souza
CONTACT: Brian Kleiber, Lieutenant, [email protected], 209-572-9533 DESCRIPTION:

Consider approving an Agreement for the purchase of retired City Police canine, Cash, by Sergeant Kalani Souza. (Funding Source: General Fund Revenue) STRATEGIC PLAN ELEMENT:

This item is related to the 2020-2025 Strategic Plan goal of improving community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues.

BACKGROUND:

Canine Cash has served with the Modesto Police Department for eight years and ten months. Cash was born in the Netherlands and will turn 11-years-old on May 27, 2022.

Canine Cash was handled by former Police Officer Tyler Caldwell. Cash has had a distinguished career as a police service dog and is a valued member of the Modesto Police Department and community.

DISCUSSION:

Cash has reached an age where his health has begun to decline and his ability to do police work at an acceptable level is questionable. As a result, Cash has been removed from active service with the Modesto Police Department, and the Commander of the Canine Unit recommends Cash’s retirement from service. Sergeant Kalani Souza wishes to retain ownership of the above referenced dog, and the City wishes to divest itself of both ownership and vicarious or direct liability for the subject dog.

FISCAL IMPACT:

If Council approves, Sergeant Kalani Souza will purchase the canine for $1, per Resolution No. 99-370.
#24..
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City Council, April 5, 2022
Purchase of Retired City of Modesto Police Canine
by Sergeant Kalani Souza

Page 2 of 2 ends

COMMITTEE RECOMMENDATION:

This item was presented to and approved by the Safety & Communities Committee on March 14, 2022
RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement with Sergeant Kalani Souza for the purchase of retired City of Modesto Police canine, Cash, and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Modesto Police Department Canine Transfer Contract – Sergeant Kalani Souza #24..
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022 -?

RESOLUTION APPROVING AN AGREEMENT WITH SERGEANT KALANI

SOUZA FOR THE PURCHASE OF RETIRED CITY OF MODESTO POLICE CANINE, CASH; AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the Chief of Police for the City of Modesto, from time to time, officially retires police canines from departmental service, and WHEREAS, the City Council approved the sale of retired police canines for $1 with Council Resolution, 99-370
WHEREAS, Modesto Police Canine Cash has reached an age where he is unable to perform at a satisfactory level with a new handler or partner, and WHEREAS, City of Modesto, Sergeant Kalani Souza, wishes to purchase and assume possession of the canine, Cash, upon the dog’s official retirement.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the agreement with Sergeant Kalani Souza for the purchase of retired police canine, Cash.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Agreement, in a form approved by the City Attorney. #24..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 5th day of April, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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1 MODESTO POLICE DEPARTMENT CANINE TRANSFER CONTRACT
This AGREEMENT made and entered into in the City of Modesto, State of California, this 5th day of April 2022, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter referred to as “CITY”, and Kalani Souza, Police Sergeant for the Modesto Police Department, hereinafter referred to as “PURCHASER”. The CITY and the PURCHASER shall collectively be referred to as the “PARTIES”.

Facts:

Canine “Cash” has been with the Modesto Police Department since 2014. “Cash” has served the city for almost 9 years. “Cash” was born in the Netherlands and will turn 11 years old on May 27, 2022. “Cash” has had a distinguished career as a police service dog. “Cash” has reached an age where his health has begun to decline. His ability to continue to do police work at an acceptable level is questionable. It would be inhumane to continue working “Cash” as a working police dog when his age and health make it difficult for him as a result canine “Cash” has been removed from active service with the Modesto Police Department, Canine Unit.

It is the City’s recommendation that canine “Cash” be retired from service.

This AGREEMENT is made with regard to the following recitals:

A. PURCHASER wishes to assume ownership and take possession of that certain retired City of Modesto police canine named “Cash”.

B. PURCHASER wishes to take ownership of the above-referenced dog, and the CITY wishes to divest itself of both ownership and vicarious or direct liability for the subject dog.

C. CITY does hereby agree to relinquish all of its right, title and ownership interest in said canine named “Cash” whatsoever, effective upon PURCHASER’s execution and return of this document and payment of the sum of one and no/100ths dollars ($1.00) to the City of #24..
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2 Modesto.

NOW, THEREFORE, in consideration of the matters contained in this AGREEMENT, it is mutually agreed as follows:

1. PURCHASER does agree to assume ownership of the Modesto police canine named “Cash”, and to assume any and all risks, including, but not limited to, risk of injury or death to third persons, and to hold CITY, its Police Department, and its agents, officers, employees, and/or volunteers harmless from and save, defend and indemnify them against any and all liabilities, claims, losses, 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 PURCHASER relating to any acts of the subject police canine named “Cash” after the date ownership of the canine is transferred pursuant to this AGREEMENT. That date of ownership is hereby fixed by agreement by and among the PARTIES hereto as being April 5, 2022.

2. PURCHASER further agrees to assume all liability for risks and dangers relating to his/her ownership of the subject police canine named “Cash” on and after the aforementioned date, and to indemnify and hold CITY harmless in the event that any legal or administrative action, whether by claim, demand or otherwise, is made by any person or entity as a consequence of or arising out of any event, act or disturbance involving the subject police canine on or after the date ownership is transferred. These hold harmless provisions shall extend to any direct or vicarious liability arising from any and all losses, liabilities, charges (including reasonable attorney fees and court costs), and any other expenses whatsoever which may arise in any manner after the PURCHASER’S assumption of ownership on the date of ownership identified herein.
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3 3. PUCHASER acknowledges that he/she has read the foregoing AGREEMENT and understands that it is contractual in nature and understands each of its provisions.

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has caused this Agreement to be executed in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2022-________ adopted by the City Council of the City of Modesto on the 5th day of April, 2022.

CITY OF MODESTO, a NEW OWNER:

Municipal Corporation
By: ___________________________
By: __________________________
JOSEPH P. LOPEZ KALANI SOUZA
City Manager Purchaser

ATTEST:

By: _____________________________

DANA SANCHEZ
Interim City Clerk
APPROVED AS TO FORM:

By: _________________________________
JOSE M. SANCHEZ
City Attorney
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 5, 2022
Date: March 8, 2022
TO: Mayor and City Council
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. (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.

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. #25..
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City Council Meeting, April 5, 2022
First Amendment to Sun Valley Transport, Inc. Agreement

Page 2 of 3 ends

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 huge 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 as well 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 approved the 18% increase based on the rising cost for fuel, insurance, CPI, and overall impact from COVID.

Approving this amendment will ensure the City continues to haul non-hazardous brine and keep 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
#25..
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City Council Meeting, April 5, 2022
First Amendment to Sun Valley Transport, Inc. Agreement

Page 3 of 3 ends

COMMITTEE RECOMMENDATION:

This item was considered by the Economic Development Committee on March 7, 2022 and was recommended to be forwarded to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution 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 authorizing the City Manager, or his designee, to execute the amendment.

Approved by:

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

1. Resolution

2. Amendment

3. Original Agreement No. 187753
#25..
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION 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 AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AMENDMENT
WHEREAS, the City of Modesto operates a water treatment facility in the community of Grayson that provides safe and reliable drinking water for the residents of the community, and
WHEREAS, as part of the water treatment process, a waste brine is generated that needs to be disposed of in order to keep the Grayson treatment facility operational, but Modesto’s wastewater treatment permit does not allow the disposal of this brine waste at its facility, and
WHEREAS, the City has an existing agreement with the East Bay Municipal Utility District, an approved waste disposal facility located in Oakland, California, for EBMUD to receive and dispose of brine waste, and
WHEREAS, 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., and
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, and
WHEREAS, funding is available in the current fiscal year in the Water Fund, and #25..
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WHEREAS, this item was considered by the Economic Development Committee on December 6, 2021, and forwarded to the City Council for approval.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a First Amendment to the Original Agreement with Sun Valley Transport for the hauling of non-hazardous brine services, increasing the amount by $208,910 from $458,915 to a new total amount not to exceed $667,825 over five years.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the amendment, in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 5th day of April 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

By: _______________________________________
JOSE M. SANCHEZ, City Attorney
#25..
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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 #25..
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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. #25..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 5, 2022
Date: March 16, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Accept 2016 Pavement Rehabilitation Project, STPL-5059(205) as Complete CONTACT: Jesse Franco, Engineering Division Manager, [email protected] (209) 571-5175
DESCRIPTION:

Consider accepting the 2016 Pavement Rehabilitation Project, STPL-5059(205), La Loma Avenue, as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $2,029,196 to United Pavement Maintenance, Inc. of Hughson, California. (Funding Source: Federal RSTP and Local Control Measure L Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

In November of 2016, Stanislaus County voters approved a county-wide, 25-year, half-cent sales tax increase known as Measure L. The tax increase went into effect on April 1, 2017 and the City began receiving quarterly payments commencing in July 2017. On October 4, 2016, Council approved Ordinance No. 3656-C.S. adding Chapter 10 to Title 8 of the Modesto Municipal Code to establish a Citizens’ Transportation Sales Tax Commission (Citizens’ Commission) consisting of eleven members appointed by the Council.

On September 4, 2018, by Resolution No. 2018-380, Council amended the approved list of projects to be funded with Measure L tax proceeds in Fiscal Year 2018-2019.

The 2016 Pavement Rehabilitation project work completed pavement rehabilitation with an asphalt rubber chip seal and asphalt overlay on La Loma Avenue from James Street to Rowland Avenue with the construction of a roundabout at the La Loma and Buena Vista intersection. Double chip seals were laid on Miller Avenue from El Vista Avenue to N Riverside #26..
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City Council April 5, 2022
Accept 2016 Pavement Rehabilitation as Complete

Page 2 of 3 ends

Drive, Burney Street from 18th Street to Jennie Street, 17th Street from G Street to Burney Street, and Type 2 slurry seal on J Street from 9th Street to 16th Street.

DISCUSSION:

The project was advertised for bids on July 21, 2020. Bids were publicly opened on September 15, 2020, pursuant to Modesto Municipal Code section 8-3.403 and City Charter Section 1307.

Three bids were received, and United Pavement Maintenance, Inc., of Hughson, CA, was the apparent lowest bidder at 4.78% above the engineer’s estimate.

On October 13, 2020, by Resolution No. 2020-421, Council awarded a contract to United Pavement Maintenance, Inc., of Hughson, CA, for the construction of the 2016 Pavement Rehabilitation Project, STPL-5059(205) in the amount of $1,880,845. The contractor received the Notice to Proceed with a first working day of January 11, 2021. All contract work was completed by July 30, 2021.

On February 2 2021, by Resolution 2021-031, Council approved an agreement with TRC Engineers, Inc., for Construction Management and Inspection Services for the 2016 Pavement Rehabilitation Project, STPL-5059 (205) in the amount of $188,046, plus $18,804 in additional services (if needed), for a total amount not to exceed $206,850 By accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed. The City Clerk is authorized to complete all necessary steps to file the appropriate notices and documents with the County Recorder, release securities, and authorize payments totaling $2,029,196. The work is covered by a one-year warranty for any issues that may arise.

Staff recommends the project for acceptance as the contractor has complied with all contract requirements for the project.

FISCAL IMPACT:

The total project costs were $2,650,461 which included design, construction, and construction administration costs. The total project amount originally budgeted was $2,815,698 which included $2,068,930 for the construction contract and contingency with United Pavement Maintenance, Inc. of Hughson, CA.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, established a contract change order authority of up to and not to exceed 8% ($150,468) of the original contract price of $1,880,845. However; by Resolution No. 2020-422, Council increased the Director’s authority to approve change orders to 10% ($188,085) of the original contract amount, for a total not to exceed amount of $2,068,930.

There were eight change orders resulting in an overall increase of $148,351 for change order work as listed on the attached Contract Change Order (CCO) log. A summary of the expenditures for the overall project is listed below:
100806 – PW.Street Maintenance - “2016 Pavement Rehabilitation FHWA CalTrans STPL-5059 (205)”
#26..
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City Council April 5, 2022
Accept 2016 Pavement Rehabilitation as Complete

Page 3 of 3 ends

PROJECT EXPENDITURES:

Construction Contract (United Pavement Maintenance, Inc.) $1,880,845 Construction Contingency (Change Orders) 7.9% $148,351
City Construction Forces 0.5% $9,851
Construction Administration – City Staff Support 6.5% $122,498 Construction Management – TRC Engineers 9.9% $183,604
Engineering Design/Admin. – City Staff Support/Misc. 16.2% $305,312 TOTAL CONSTRUCTION EXPENDITURES: $2,650,461
COMMITTEE RECOMMENDATION:

On February 7, 2019, the Citizens’ Commission approved a list of projects for Fiscal Year 2019- 2020, which included the 2016 Pavement Rehabilitation Project. This Project was included in the Fiscal Year 2019-2020 Capital Improvement Program, which was presented to the Finance Committee at workshops held on April 29, April 30, and May 2, 2019, and at a joint Planning Commission/Finance Committee meeting held on May 20, 2019. The CIP projects and budget were approved by City Council on June 25, 2019 by Resolution No. 2019-304.

The request to increase the budget by $700,000 to fund the expanded scope of work was discussed with the Citizens’ Commission on March 5, 2020. The Commission approved the requested $700,000 budget increase.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the 2016 Pavement Rehabilitation Project, STPL-5059(205), La Loma Avenue, as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $2,029,196 to United Pavement Maintenance, Inc. of Hughson, CA.

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

1. Resolution

2. CCO Log

3. Project Suspension Form
#26..
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX
RESOLUTION ACCEPTING THE 2016 PAVEMENT REHABILITATION
PROJECT, STPL-5059(205), LA LOMA AVENUE, AS COMPLETE,

AUTHORIZING ALL NECESSARY STEPS TO FILE WITH THE COUNTY

RECORDER, RELEASING SECURITIES, AND RELEASING PAYMENTS
TOTALING $2,029,196 TO UNITED PAVEMENT MAINTENANCE, INC. OF

HUGHSON, CA
WHEREAS, in November of 2016, Stanislaus County voters approved a countywide, 25-year, half-cent sales tax increase known as Measure L, and WHEREAS, the tax increase went into effect on April 1, 2017 and the City began receiving quarterly payments commencing in July 2017. On October 4, 2016, Council approved Ordinance No. 3656-C.S. adding Chapter 10 to Title 8 of the Modesto Municipal Code to establish a Citizens’ Transportation Sales Tax Commission (Citizens’ Commission) consisting of eleven members appointed by the Council, and WHEREAS, on September 4, 2018, by Resolution No. 2018-380, Council amended the approved list of projects to be funded with Measure L tax proceeds in Fiscal Year 2018-2019, and
WHEREAS, the 2016 Pavement Rehabilitation project work completed pavement rehabilitation with an asphalt rubber chip seal and asphalt overlay on La Loma Avenue from James Street to Rowland Avenue with the construction of a roundabout at the La Loma and Buena Vista intersection. Double chip seals were laid on Miller Avenue from El Vista Avenue to N Riverside Drive, Burney Street from 18th Street to Jennie Street, 17th Street from G Street to Burney Street, and Type 2 slurry seal on J Street from 9th Street to 16th Street, and
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2 WHEREAS, bids were advertised on July 21, 2020, and were publicly opened on September 15, 2020, pursuant to Modesto Municipal Code Section 8-3.403 and Charter Section 1307, and United Pavement Maintenance, Inc., of Hughson, CA, was the apparent lowest responsible and responsive bidder, and
WHEREAS, on October 13, 2020, by Resolution No. 2020-421, Council awarded a contract to United Pavement Maintenance, Inc., of Hughson, CA., for the construction of the 2016 Pavement Rehabilitation Project, STPL-5059(205), La Loma Avenue, in the amount of $1,880,845, and
WHEREAS, the contractor received the Notice to Proceed with a first working day of January 11, 2021. All contract work was completed by July 30, 2021, and WHEREAS, the total project costs were $2,650,461which included design, construction, and construction administration costs. The total project amount originally budgeted was $2,815,698which included $2,068,930 for the construction contract and contingency with United Pavement Maintenance, Inc., and WHEREAS, the City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, states that a contract that exceeds $10,000,000 allows Directors Authority only up to eight percent (8% ($150,468). By Resolution No. 2020-422, Council increased the Director’s authority to approve change orders from 8% to 10% contingency not to exceed $188,085 for a total amount of $2,068,930, and
WHEREAS, there were eight change orders on this project with an overall increase of $148,351, and
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3 WHEREAS, by accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto hereby accepts the 2016 Pavement Rehabilitation project, STPL-5059(205), La Loma Avenue as complete and that the City Clerk is authorized to complete all necessary steps to file the appropriate notices and documents with the County Recorder, release securities, and authorize payments totaling $2,029,196 to United Pavement Maintenance, Inc. of Hughson, CA.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 5st day of April 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ______________________________________
JOSE M. SANCHEZ, City Attorney
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CHANGE
ORDER
NO. DESCRIPTION EXECUTED AMOUNT
CAUSE

UNFORSEEN

CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE

CONTRACT CHANGE ORDER LOG
Date: March 07, 2022
TIME
EXT.
2021/02 - 2016 Pavement Rehabilitation Project, STPL-5059(205) (100806) PROJECT NUMBER AND NAME:
01 La Loma Avenue and Santa Ana Avenue Roundabout
(Increase/Decrease Quantities)
04/15/21 $0.00 0 W.D. Yes No No
02 La Loma Avenue and Santa Ana Avenue Roundabout
(Increase Quantities)
04/15/21 $63,692.30 0 W.D. Yes No No
03 La Loma and Buena Vista Roundabout Grading
Revision
04/15/21 $18,750.00 0 W.D. Yes No No
04 Asphalt Skim Patching At Various Locations On Miller Street
06/23/21 $18,500.00 0 W.D. No Yes No
05 J Street Stiping Revision For Diagonal Parking 08/15/21 $23,250.00 0 W.D. No Yes No 06 Additional Working Days For J Street Striping 08/15/21 $0.00 6 W.D. No Yes No 07 Adjust Quantities Consistent With Field Conditions 11/19/21 $28,018.41 0 W.D. No Yes No 08 Adjust Quanties Consistent With Field Conditions
(CCO # 2)
11/19/21 -$3,859.75 0 W.D. No Yes No
Total Change Orders Processed To Date: $148,350.96
Original Contract Amount: $1,880,845.00
IDA To: $188,085.00
Total Working Days Time Extension: 6
Original Director's CCO Authority: $150,467.60
IDA Date: 10/13/2020
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3/15/2022
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CHANGE
ORDER
NO. DESCRIPTION EXECUTED AMOUNT
CAUSE

UNFORSEEN

CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 5, 2022
Date: March 16, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Accept River Trunk Emergency Repair at 7th Street as Complete CONTACT: Jesse Franco, Engineering Division Manager, [email protected], 209-571-5175
DESCRIPTION:

Consider accepting the River Trunk Emergency Repair at 7th Street as complete, and authorizing all payments totaling $431,402 to Rolfe Construction, Inc., Atwater, CA and authorizing all payments totaling $182,245 to Rain for Rent, Stockton, CA; and amending the Fiscal Year 2021-22 Capital Improvement Program Budget in the amount of $558,717. (Funding Source: Wastewater Fund)
STRATEGIC PLAN ELEMENT:

BACKGROUND:

On Thursday, December 23, 2021, Wastewater Collections was notified by the County Sheriff’s Department of a cave-in of the River Trunk under the 7th Street Bridge. The trunk line is located within the TRRP area, in an undeveloped area. The collapse was likely a result of multiple factors; peak flows from the December storm events, combined with the age and deteriorated condition of the River Trunk. Wastewater Collections investigated the extent of the damage on Thursday, December 23rd and Friday, December 24th, and barricaded the site.

The estimated depth of the sewer trunk at this location is 15-20 feet. Given the working conditions, proximity to bridge, and limited excavation equipment necessary to perform the repair, Wastewater Collections determined it would be prudent to utilize a contractor to perform the repair to ensure a safe and efficient repair.

The week of December 27th, Utilities Engineering reached out to three Contractors currently under contract with the City to determine availability to perform the repair and to request cost proposals.
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City Council April 5, 2022
Accept River Trunk Emergency Repair Project at 7th Street as Complete

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The scope of work included:

Repair of River Trunk
 Excavation to remove and install 70 LF of 48” sewer trunk line  Install and compact trench bedding and backfill
 Removal and replacement of asphalt pavement at Diversion Structure Facility  Removal and reinstallation of iron fencing at Diversion Structure Facility  Removal and replacement of manhole cone and barrels for manholes used for bypass pumping
 Removal and replacement of trunk manhole near collapse  Connection to existing sewer – outside of Diversion Structure and at manhole  Installation of 75 LF of 36” sewer trunk line
 Protection of existing 96” storm drain AT&T fiber-optic  All necessary costs associated with providing temporary fencing or lighting, mobilization/demobilization, sheeting and/or shoring
Installation of Bypass Line
 Install 4’x4’ barrel with flat top lid
 Connection to existing sewer –at manholes
 Installation of 65 LF of 24” sewer trunk line
 Install and compact trench bedding and backfill
 All necessary costs associated with providing temporary fencing or lighting, mobilization/demobilization, sheeting and/or shoring
DISCUSSION:

Given the urgency of the repairs, there was not sufficient time to follow the typical bid process.

However, staff contacted three Contractors, currently under contract with the City, to meet at the site and provide a cost proposal to perform the repair.

The three contractors included Teichert, Mozingo and Rolfe. The scope of work was provided to each of the contractors on Tuesday, December 28, 2021 via email and each contractor was given until Thursday, December 30, 2021 to provide a cost proposal.

Below is the summary of the cost proposals received:
 Teichert - Was not able to provide a cost proposal due to limited resources during Holidays
 Mozingo - $596k
 Rolfe - $305k
Staff therefore recommended selection of the lowest bidder, Rolfe Construction Inc., to perform the emergency repair. The City contracted with Rain-for-Rent separately to provide bypass pumping. The soonest Rain for Rent was available to provide services was Monday, January 3, 2022.
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City Council April 5, 2022
Accept River Trunk Emergency Repair Project at 7th Street as Complete

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The sink hole gradually expanded due to saturated soil. Given the urgency of the repair and the site conditions, it was imperative that the repair occur immediately to avoid any additional safety risks or damage to adjacent infrastructure.

Modesto Municipal Code, 8-3.102. allows the City Manager to approve and authorize contracts for projects that are of urgent necessity for the preservation of life, health and property and for staff to report to Council on the emergency repair. On January 3, 2022, staff requested City Manager approval of the necessary emergency repair project.

Staff recommends the repairs for acceptance as the contractor has complied with all contract requirements for the project.

FISCAL IMPACT:

The total construction repair costs were $558,717 which included all construction labor and materials.

Current funding is budgeted in a Non-Capital Improvement Project account to track costs:
101381 – River Trunk Emergency Repair at 7th Street

CONSTRUCTION EXPENDITURES
River Trunk Emergency Repair (Rolfe Construction) $431,402 Bypass Pumping (Rain-for-Rent) $184,245
*TOTAL COSTS $558,717
*To fund the River Trunk Emergency Repair at 7th Street, a budget adjustment is necessary to amend the Fiscal Year 2021-22 Capital Improvement Program Budget. Upon Council approval, $558,717 from the Wastewater Fund will be transferred into CIP account 101381 to fund the construction, contingency, construction administration, engineering design support and administration associated with this project.

COMMITTEE RECOMMENDATION:

Given the unforeseen nature of this occurrence and the urgency of the emergency repair, there was not sufficient time to present this item to Committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the River Trunk Emergency Repair at 7th Street as complete, and authorizing all payments totaling $431,402 to Rolfe Construction, of Atwater, California, and authorizing all payments totaling $184,245 to Rain for Rent, of Stockton, California.

Resolution amending the Fiscal Year 2021-22 Capital Improvement Program Budget in the amount of $558,717 to be transferred into the project from the Wastewater Fund in order to fully fund the construction, contingency, construction administration and design support during construction for the River Trunk Emergency Repair at 7th Street and authorizing the City Manager, or his designee, to implement the provisions of this resolution. #27..
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City Council April 5, 2022
Accept River Trunk Emergency Repair Project at 7th Street as Complete

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

1. Resolution (x2)
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1 2021-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX
RESOLUTION ACCEPTING THE RIVER TRUNK EMERGENCY REPAIR AT 7th STREET AS COMPLETE, AUTHORIZING ALL PAYMENTS TOTALING $431,402 TO ROLFE CONSTRUCTION INC., OF ATWATER, CA AND AUTHORIZING ALL PAYMENTS TOTALING $184,245 TO RAIN FOR RENT, OF STOCKTON,

CALIFORNIA
WHEREAS, on Thursday, December 23, 2021, Wastewater Collections was notified by the County Sheriff’s Department of a cave-in of the River Trunk under the 7th Street Bridge, and
WHEREAS, the collapse was likely a result of multiple factors; peak flows from the December storm events, combined with the age and deteriorated condition of the River Trunk this is one of the City’s main sewer trunk lines that conveys domestic wastewater to the Sutter Plant, and
WHEREAS, City staff initiated an expedited process to secure a Contractor to perform the repair, and
WHEREAS, the week of December 27th, Utilities Engineering reached out to three Contractors currently under contract with the City to determine availability to perform the repair and to request cost proposals, and
WHEREAS, the three contractors included Teichert, Mozingo and Rolfe. The scope of work was provided to each of the contractors on Tuesday, December 28, 2021 via email and each contractor was given until Thursday, December 30, 2021 to provide a cost proposal, and
WHEREAS, staff therefore recommended selection of the lowest bidder, Rolfe Construction Inc., to perform the emergency repair, and #27..
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2 2021-
WHEREAS, the City contracted with Rain-for-Rent separately to provide bypass pumping. The soonest Rain for Rent was available to provide services was Monday, January 3, 2022, and
WHEREAS, the sink hole gradually expanded due to saturated soil. Given the urgency of the repair and the site conditions, it was imperative that the repair occur immediately to avoid any additional safety risks or damage to adjacent infrastructure, and WHEREAS, Section 8-3.102 (e) of the Modesto Municipal Code allows the City Manager to approve and authorize contracts for projects that are of urgent necessity for the preservation of life, health and property for staff to report to Council on the emergency repair, and
WHEREAS, the River Trunk required urgent repair in order to prevent sanitary sewer overflows, to protect the public from potential harms, as well as provide continued service, and
WHEREAS, the River Trunk Emergency Repair at 7th Street has been completed by Rolfe Construction Inc., of Atwater.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that the River Trunk Emergency Repair at 7th Street is hereby accepted as complete from said contractor, Rolfe Construction Inc., of Atwater, Ca, and that all payments totaling $431,402, are authorized to Rolfe Construction Inc., of Atwater, CA and all payments totaling $184,245 are authorized to Rain for Rent, of Stockton, CA.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to take all actions necessary to close-out the River Trunk Emergency Repair at 7th Street as complete.
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3 2021-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 5th day of April, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ______________________________________
JOSE M. SANCHEZ, City Attorney
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1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION AMENDING THE FISCAL YEAR 2021-22 CAPITAL
IMPROVEMENT PROGRAM BUDGET IN THE AMOUNT OF $558,717 TO BE

TRANSFERRED INTO THE PROJECT FROM THE WASTEWATER FUND TO

FULLY FUND THE CONSTRUCTION, CONTINGENCY, CONSTRUCTION

ADMINISTRATION AND DESIGN SUPPORT DURING CONSTRUCTION FOR THE RIVER TRUNK EMERGENCY REPAIR AT 7TH STREET
WHEREAS, due to the unforeseen circumstances and costs associated with the emergency repair of the River Trunk at 7th Street, certain budgetary transactions are necessary in the amount of $558,717, in order to fully fund the construction, contingency, construction administration and design support during construction for the repair, and WHEREAS, the Fiscal Year 2021-2022 Capital Improvement Program Budget must be amended.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2021-2022 Capital Improvement Program Budget in the amount of $558,717 to be transferred into the project from Wastewater Fund Reserves.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #27..
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2 2022-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 5th day of April 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 5, 2022
March 16, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: First Amendment to Agreement with Consolidated CM Inc., for Construction Management and Inspection Services for the Fleet Maintenance Facility Heavy Bay Addition and Bus Maintenance Facility Parts Storage Room CONTACT: Jesse Franco, Engineering Division Manager, [email protected], (209) 571-5175
DESCRIPTION:

Consider approving a first amendment to the agreement with Consolidated CM Inc., of Oakland, CA, for construction management, testing and inspection services for the Fleet Maintenance Facility Heavy Bay Addition in the amount of $103,818, for an amended total amount not to exceed $524,127 and approving an amendment to the agreement with Consolidated CM Inc. for Construction Management, Special Inspection, and Materials Testing Services for the Bus Maintenance Facility Parts Storage Room in the amount of $41,797, for an amended total amount not to exceed $184,512. (Funding Source: Fleet Fund 5400, Bus Fixed Route Fund 4510)
STRATEGIC PLAN ELEMENT:

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

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

BACKGROUND:

The construction of a new Fleet Maintenance Facility (FMF) Heavy Bay will provide future capacity and operational efficiencies for years to come. Additionally, the safety of staff members and customers is at the forefront throughout the City. This state-of-the-art facility will reduce potential work-related risk associated with repairs and maintenance.

Fleet services will be more efficient when all shops are under one roof. Labor resources will be shared more easily amongst all the repair jobs, which are currently now spread among three different shops. Parts will be centralized and more secure. Operating in a shop with adequate vehicle lifting capabilities and the proper number of bays to handle the workload would increase shop efficiency and safety.
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City Council, April 5, 2022
First Amendment to Agreement with Consolidated CM Inc., for Construction Management and Inspection Services for Fleet Maintenance Facility Heavy Bay Addition and Bus Maintenance Facility Parts Storage Room

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The construction of a new parts storage room building is crucial in the safety and efficiency of the Transit maintenance services. The City of Modesto has 61 fixed routes buses and will have another 17 paratransit vans. The current Bus Maintenance Facility does not allow sufficient storage capacity for the parts needed for the transit vehicles of vehicles. The original facility was constructed in 2012, and the parts room was not built large enough to accommodate the parts.

In addition to the increased storage capacity that this building will provide, it will also serve as a connecting structure between the existing Bus Maintenance Facility (BMF) and the new Heavy Bay Shop.

Considering the FMF Heavy Bay project and BMF Parts Storage Room project are located within the same overall facility, City staff combined these projects and bid as a single project.

Due to the differing funding sources, the project involves two separate contracts for each respective facility (Fleet & Transit).

On February 25, 2020, by Resolutions No. 2020-133, Council approved a contract with contract with Harris Builders, Inc., Hilmar, CA, for the Fleet Maintenance Facility Heavy Bay Addition in the amount of $4,063,948, plus $325,116 for contingency (if needed), for a total amount of $4,389,064 and approved a contract with Harris Builders, Inc., Hilmar, CA, for the Bus Maintenance Facility Parts Storage Room in the amount of $1,302,044, plus $104,164 for contingency (if needed), for a total amount of $1,406,208.

On this same date, by Resolutions No. 2020-135, Council also approved an agreement with Consolidated CM Inc., of Oakland CA, for Construction Management, Special Inspection, and Materials Testing Services for the Fleet Maintenance Facility Heavy Bay Addition in an amount not to exceed $420,309, and by Resolutions No. 2020-136 approved an agreement with Consolidated CM Inc., of Oakland CA, for Construction Management, Special Inspection, and Materials Testing Services for the Bus Maintenance Facility Parts Storage Room in an amount not to exceed $142,715.

DISCUSSION:

The project was scheduled to be complete by December 31, 2021. Unfortunately, the project experienced delays due to COVID related impacts such as facility closures and supply chain delays. Additionally, the fabricator of the metal buildings experienced weather impacts that resulted in the closure of their facility, which ultimately delayed the fabrication and delivery of the materials. These unforeseen delays resulted in an extended construction schedule and extended construction management services and additional inspections.

Construction management services and additional inspections are no longer needed, as the project is being prepared for close-out and Council acceptance. However, staff is recommending an amendment to the agreement with Consolidated CM Inc, in the amount of $103,818 for the FMF Heavy Bay Addition and $41,797 for the BMF Parts Storage Room, to cover the additional construction management and inspection services that were required through completion of the project.

FISCAL IMPACT:

Funding for the construction, contingency, administration, and City staff design support, is budgeted in the current FY 2021-22 Capital Improvement Program budget in account:
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City Council, April 5, 2022
First Amendment to Agreement with Consolidated CM Inc., for Construction Management and Inspection Services for Fleet Maintenance Facility Heavy Bay Addition and Bus Maintenance Facility Parts Storage Room

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100451 Fleet Maintenance Facility - Heavy Bay Addition
101337 BMF-Parts Storage Room

ANTICIPATED CONSTRUCTION MANAGEMENT EXPENDITURES
100451 101337
Construction Management and Inspection Services (Original) $420,309 $142,715 Amendment $103,818 $41,797
TOTAL $524,127 $184,512
Funds are available and budgeted in Contingency (CTGY) and will be used to fund this amendment to the agreement.

COMMITTEE RECOMMENDATION:

The Fleet Maintenance Facility (FMF) Heavy Bay Addition project was presented to Finance Committee on March 25, 2019 as a report on upcoming Capital Improvement construction projects and was recommended to forward to Council for future award of construction.

The Bus Maintenance Facility - Parts Storage Room Project was presented to the Finance Committee on October 22, 2018, as a report on upcoming Capital Improvement construction projects and was recommended to forward to Council for future award of construction.

CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through a Categorical Exemption under CEQA Section 15332 (Infill Development Projects) Class 32.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an amendment to the agreement with Consolidated CM Inc., of Oakland, CA, for construction management, testing and inspection services for the Fleet Maintenance Facility Heavy Bay Addition in the amount of $103,818, for an amended total not to exceed amount of $524,127 and authorizing the City Manager, or his designee, to execute the amendment.

Resolution approving an amendment to the agreement with Consolidated CM Inc., for Construction Management, Special Inspection, and Materials Testing Services for the Bus Maintenance Facility Parts Storage Room in the amount of $41,797, for an amended total not to exceed amount of $184,512 and authorizing the City Manager, or his designee, to execute the amendment.

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
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City Council, April 5, 2022
First Amendment to Agreement with Consolidated CM Inc., for Construction Management and Inspection Services for Fleet Maintenance Facility Heavy Bay Addition and Bus Maintenance Facility Parts Storage Room

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Attachments:

1. Resolutions (2)

2. Agreement with Consolidated CM Inc. FMF Heavy Bay Addition

3. Amendment to Agreement with Consolidated CM Inc. FMF Heavy Bay Addition

4. Agreement with Consolidated CM Inc. BMF Parts Storage Room

5. Amendment to Agreement with Consolidated CM Inc. BMF Parts Storage Room

6. Exhibit 1 - Cost Proposal-FM Heavy Bay Addition

7. Exhibit 1 - Cost Proposal-BMF Parts Storage Room
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION APPROVING AN AMENDMENT TO THE AGREEMENT WITH CONSOLIDATED CM INC., FOR CONSTRUCTION MANAGEMENT, SPECIAL

INSPECTION, AND MATERIALS TESTING SERVICES FOR THE BUS
MAINTENANCE FACILITY PARTS STORAGE ROOM IN THE AMOUNT OF $41,797, FOR AN AMENDED TOTAL NOT TO EXCEED AMOUNT OF $184,512 AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE

AMENDMENT
WHEREAS, the construction of a new parts storage room building is crucial in the safety and efficiency of the Transit maintenance services, and WHEREAS, the City of Modesto has 61 fixed routes buses and will have another 17 paratransit vans, and
WHEREAS, the current Bus Maintenance Facility does not allow sufficient storage capacity for the parts needed for the transit vehicles of vehicles, and WHEREAS, the original facility was constructed in 2012, and the parts room was not built large enough to accommodate the parts, and
WHEREAS, in addition to the increased storage capacity that this building will provide, it will also serve as a connecting structure between the existing Bus Maintenance Facility (BMF) and the new Heavy Bay Shop, and
WHEREAS, considering the FMF Heavy Bay project and BMF Parts Storage Room project are located within the same overall facility, City staff combined these projects and bid as a single project, and
WHEREAS, due to the differing funding sources, the project involves two separate contracts for each respective facility (Fleet & Transit), and #28..
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WHEREAS, on February 25, 2020, by Resolutions No. 2020-136 approved an agreement with Consolidated CM Inc., of Oakland CA, for Construction Management, Special Inspection, and Materials Testing Services for the Bus Maintenance Facility Parts Storage Room in an amount not to exceed $142,715, and
WHEREAS, the project was scheduled to be complete by December 31, 2021, and WHEREAS, unfortunately, the project experienced delays due to COVID related impacts such as facility closures and supply chain delays, and
WHEREAS, additionally, the fabricator of the metal buildings experienced weather impacts that resulted in the closure of their facility, which ultimately delayed the fabrication and delivery of the materials, and
WHEREAS, these unforeseen delays resulted in an extended construction schedule and extended construction management services and additional inspections, and WHEREAS, construction management services and additional inspections are no longer needed, as the project is being prepared for close-out and Council acceptance, and WHEREAS, however, staff is recommending an amendment to the agreement with Consolidated CM Inc., in the amount of $41,797 for the BMF Parts Storage Room, to cover the additional construction management and inspection services that were required through completion of the project.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Amendment to the current agreement with Consolidated CM Inc., of #28..
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Modesto, CA, for Design Services for the Bus Maintenance Facility Parts Storage Room Project in the amount of $41,797, for an amended total not to exceed amount of $184,512.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the amendment, in a form approved by the City Attorney.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ______________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ______________________________
JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION APPROVING AN AMENDMENT TO THE AGREEMENT WITH CONSOLIDATED CM INC., OF OAKLAND, CA, FOR CONSTRUCTION

MANAGEMENT, TESTING AND INSPECTION SERVICES FOR THE FLEET MAINTENANCE FACILITY HEAVY BAY ADDITION IN THE AMOUNT OF $103,818, FOR AN AMENDED TOTAL NOT TO EXCEED AMOUNT OF $524,127 AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE

AMENDMENT
WHEREAS, the construction of a new Fleet Maintenance Facility (FMF) Heavy Bay will provide future capacity and operational efficiencies for years to come, and WHEREAS, additionally, the safety of staff members and customers is at the forefront throughout the City, and
WHEREAS, this state-of-the-art facility will reduce potential work-related risk associated with repairs and maintenance, and
WHEREAS, considering the FMF Heavy Bay project and BMF Parts Storage Room project are located within the same overall facility, City staff combined these projects and bid as a single project. Due to the differing funding sources, the project involves two separate contracts for each respective facility (Fleet & Transit), and
WHEREAS, on February 25, 2020, by Resolutions No. 2020-135, Council also approved an agreement with Consolidated CM Inc., of Oakland CA, for Construction Management, Special Inspection, and Materials Testing Services for the Fleet Maintenance Facility Heavy Bay Addition in an amount not to exceed $420,309, and
WHEREAS, the project was scheduled to be complete by December 31, 2021, and WHEREAS, unfortunately, the project experienced delays due to COVID related impacts such as facility closures and supply chain delays, and
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WHEREAS, additionally, the fabricator of the metal buildings experienced weather impacts that resulted in the closure of their facility, which ultimately delayed the fabrication and delivery of the materials, and
WHEREAS, these unforeseen delays resulted in an extended construction schedule and extended construction management services and additional inspections, and WHEREAS, construction management services and additional inspections are no longer needed, as the project is being prepared for close-out and Council acceptance, and WHEREAS, however, staff is recommending an amendment to the agreement with Consolidated CM Inc., in the amount of $103,818 for the FMF Heavy Bay, to cover the additional construction management and inspection services that were required through completion of the project.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Amendment to the current agreement with Consolidated CM Inc., of Modesto, CA, for Design Services for the Fleet Maintenance Facility Heavy Bay Addition Project in the amount of $103,818, for an amended total not to exceed amount of $524,127.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the amendment, in a form approved by the City Attorney. #28..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 5th day of April 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ______________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ______________________________
JOSE M. SANCHEZ, City Attorney
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-1-

FIRST AMENDMENT TO THE AGREEMENT FOR

CONSTRUCTION MANAGEMENT, SPECIAL INSPECTION, AND MATERIAL

TESTING SERVICES FOR FLEET MAINTENANCE FACILITY

HEAVY BAY ADDITION
This First Amendment to Agreement for Consultant Services is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and Consolidated CM Inc., a California corporation (“Consultant”), entered into by the parties on the 25th day of February, 2020, hereinafter referred to as “Original Agreement”.

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

A. The Original Agreement between City and Consultant was approved via Council Resolution No. 2020-135.

B. Paragraph no. 9 “AMENDMENTS” of the Original Agreement acknowledges the parties understand it may become desirable or necessary for City or Consultant to modify the scope of services provided for under the Agreement and any such modification must be in writing signed by both parties.

C. Paragraph no. 3 “COMPENSATION” of the Original Agreement for Consultant Services specifies the sum of FOUR HUNDRED TWENTY THOUSAND THREE HUNDRED NINE AND 00/100 DOLLARS ($420,309) as the total compensation Consultant agrees to accept for performing all services and furnishing all staffing and materials for the project as well as performance by Consultant of all of its duties and obligations required in the Original Agreement.

D. On or about December 19, 2021 Consultant submitted to the City a budget augmentation for additional tasks requested by the City to be added to the Original Agreement for the completion of work related to the Fleet Maintenance Facility Heavy Bay Addition #28..
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Project, attached hereto as Exhibit “1” and incorporated herein by this reference. Exhibit “1” identifies additional tasks to be performed by Consultant as well as Consultant’s costs for each additional task.

E. The estimated additional tasks result in increased costs as follows:

Task 1- Construction Management/ Inspection Services $103,818.00 Total $103,818.00
F. The aforementioned estimated additional tasks increase the amount of the Original Agreement by ONE HUNDRED THREE THOUSAND EIGHT HUNDRED EIGHTEEN AND 00/100 DOLLARS ($103,818). 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” 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” 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. #28..
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NOW, THEREFORE, in consideration of this First Amendment to Agreement, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Consultant 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 no. 1 entitled “SCOPE OF SERVICES” of the Original Agreement shall be deleted 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 “1”. The Consultant shall perform the services as described in the aforementioned Exhibit “A” and Exhibit “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 “1” acceptable to City.

3. Paragraph no. 3 entitled “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:

COMPENSATION.
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Consultant agrees to perform the work on a time and materials basis not to exceed FIVE HUNDRED TWENTY FOUR THOUSAND
ONE HUNDRED TWENTY SEVEN AND 00/100 DOLLARS
($524,127) (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 “1” to this First Amendment to Agreement 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 at the time 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 “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 Exhibits “A” and “B” of the Original Agreement and Exhibit “1” of this First Amendment to Agreement on the monthly billings, #28..
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which include detailed receipts for actual costs paid by CONSULTANT in the interest 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.

FIRST AMENDMENT TO THE AGREEMENT FOR

CONSTRUCTION MANAGEMENT, SPECIAL INSPECTION, AND MATERIAL

TESTING SERVICES FOR BUS MAINTENANCE FACILITY

PARTS STORAGE ROOM
This First Amendment to Agreement for Consultant Services is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and Consolidated CM Inc., a California corporation (“Consultant”), entered into by the parties on the 25th day of February, 2020, hereinafter referred to as “Original Agreement”.

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

A. The Original Agreement between City and Consultant was approved via Council Resolution No. 2020-136.

C. Paragraph no. 3 “COMPENSATION” of the Original Agreement for Consultant Services specifies the sum of ONE HUNDRED FORTY TWO THOUSAND SEVEN HUNDRED FIFTEEN AND 00/100 DOLLARS ($142,715) as the total compensation Consultant agrees to accept for performing all services and furnishing all staffing and materials for the project as well as performance by Consultant of all of its duties and obligations required in the Original Agreement.

D. On or about December 30, 2021 Consultant submitted to the City a budget augmentation for additional tasks requested by the City to be added to the Original Agreement for the completion of work related to the Fleet Maintenance Facility Heavy Bay Addition #28..
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Project, attached hereto as Exhibit “1” and incorporated herein by this reference. Exhibit “1” identifies additional tasks to be performed by Consultant as well as Consultant’s costs for each additional task.

E. The estimated additional tasks result in increased costs as follows:

Task 1- Construction Management/Inspection Services $41,797.00 Total $41,797.00
F. The aforementioned estimated additional tasks increase the amount of the Original Agreement by FORTY ONE THOUSAND SEVEN HUNDRED NINETY SEVEN AND 00/100 DOLLARS ($41,797). 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.

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. #28..
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NOW, THEREFORE, in consideration of this First Amendment to Agreement, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Consultant 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 no. 1 entitled “SCOPE OF SERVICES” of the Original Agreement shall be deleted and the parties agree to and hereby do substitute the following in its place:

SCOPE OF SERVICES.

3. Paragraph no. 3 entitled “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:

COMPENSATION.
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Consultant agrees to perform the work on a time and materials basis not to exceed ONE HUNDRED EIGHTY FOUR THOUSAND
FIVE HUNDRED TWELVE AND 00/100 DOLLARS ($184,512)
(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 “1” to this First Amendment to Agreement 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 at the time 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 “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 Exhibits “A” and “B” of the Original Agreement and Exhibit “1” of this First Amendment to Agreement on the monthly billings, #28..
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which include detailed receipts for actual costs paid by CONSULTANT in the interest of the project.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this First Amendment to Agreement for Consultant Services 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 _________ day of _______________, 2022, and CONSOLIDATED CM INC. has caused this First Amendment to Agreement to be duly executed in duplicate.
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Position Name Jun Jul Aug Sep Oct Nov Dec Jan Feb
Principal Matt Scoble, PE 0 0 0 0 1 1 1 1 1 5 $199.00 $995 Resident Project Representative ** Tim Roberts 0 0 0 0 16 45 32 32 15 140 $186.00 $26,040Construction Inspector Henry Fultz, PE 0 0 0 0 40 126 126 64 55 411 $153.00 $62,883Senior Project Controls** Naomi Weinstein, PE 0 0 0 0 2 2 2 2 0 8 $183.00 $1,464Document Control Evelyn Oraha 0 0 0 0 20 40 32 32 24 148 $82.00 $12,136 712 $103,518
$300
$103,818
$0
$103,818 Grand Total
City of Modesto
Construction Management and Inspection Services
TOTAL
HOURS RATE AMOUNT 2021
Total to Complete
Bus Maintenance Facility
ODC's
Heavy Bay Project Only
Remaining Budget
Contract Augmentation Request (Revised Completion 2/19/22) Notes:1) CCM has budgeted this as a combined budget to cover both projects with a single inspector. The remaining budget number is as the budget stood in late June 2021. 2) Due to the pandemic, design challenges and contractor issues the project start date shifted and the project duration extended approximarely 7 months (147 WD). 3.) All prevailing wage inspection positions are at the straight time rate. Overtime for these positions is a multiplier of 1.29, double time is 1.59 (not budgeted or anticipated). 4) Other Direct Cost Allowance (ODC) is for such items as Office Equipment, Telephone/Internet Service, Office Supplies, Copying, Fed EX, Travel, Per Diem. Reimbursables are billed at cost plus 10%. Subcontractors are marked up 5%. Mileage to be billed per IRS guidelines. #28..
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Position Name Jun Jul Aug Sep Oct Nov Dec Jan Feb
Principal Matt Scoble, PE 0 0 0 0 0 1 1 1 1 4 $199.00 $796 Resident Project Representative ** Tim Roberts 0 0 0 0 16 15 15 10 10 66 $186.00 $12,276Construction Inspector Henry Fultz, PE 0 0 0 0 24 42 42 24 25 157 $153.00 $24,021Senior Project Controls** Naomi Weinstein, PE 0 0 0 0 1 1 1 1 0 4 $183.00 $732Document Control Evelyn Oraha 0 0 0 0 8 10 10 10 8 46 $82.00 $3,772 277 $41,597
$200
$41,797
$0
$41,797 Grand Total
City of Modesto
Construction Management and Inspection Services
TOTAL
HOURS RATE AMOUNT 2021
Total to Complete
Bus Maintenance Facility - Parts Storage
ODC's
Remaining Budget
Contract Augmentation Request (Revised Completion 2/19/22) Notes:1) CCM has budgeted this as a combined budget to cover both projects with a single inspector. The remaining budget number is as the budget stood in late June 2021. 2) Due to the pandemic, design challenges and contractor issues the project start date shifted and the project duration extended approximarely 7 months (147 WD). 3.) All prevailing wage inspection positions are at the straight time rate. Overtime for these positions is a multiplier of 1.29, double time is 1.59 (not budgeted or anticipated). 4) Other Direct Cost Allowance (ODC) is for such items as Office Equipment, Telephone/Internet Service, Office Supplies, Copying, Fed EX, Travel, Per Diem. Reimbursables are billed at cost plus 10%. Subcontractors are marked up 5%. Mileage to be billed per IRS guidelines. #28..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 5, 2022
Date: March 11, 2022
TO: Mayor & City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Agreement with LCP Tracker for Certified Payroll Monitoring Software CONTACT: Jesse Franco, Engineering Division Manager, [email protected], 209-571-5175
DESCRIPTION:

Consider approving an Agreement with LCP Tracker for Certified Payroll monitoring software in the amount of $18,106 for the initial year of implementation, and $13,577 annually for three years, for a total amount not to exceed $58,837. (Funding Source: Capital Improvement Support Fund)
STRATEGIC PLAN ELEMENT:

BACKGROUND:

The City of Modesto designs, bids, and constructs approximately 20 to 25 Capital Improvement Program (CIP) projects each year. In typical years, roughly 20% of those projects are funded with State or Federal money and require a full labor compliance monitoring program. This labor compliance monitoring includes both prime contractors and all subcontractors on the project.

Full compliance monitoring consists of ensuring timely submission of required Apprenticeship documents, certified payrolls, and verifying that all employees are properly paid for the actual work performed. This includes confirming workers employed on the CIP/public works project are paid the prevailing wage determined by the Director of the Department of the Industrial Relations (DIR) and that Apprenticeship hiring is compliant with applicable laws.

In past years, the majority of labor compliance monitoring has been handled in the Construction Administration section by one staff member for all state or federal funded CIP projects.

Approximately 25% of the City’s capital projects are federally or state funded. This practice of having one individual responsible for labor compliance and keeping current with state and #29..
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City Council, April 5, 2022
Agreement with LCP Tracker for Certified Payroll Monitoring Software

Page 2 of 4 ends

federal labor laws, including newly passed Senate Bills, exposes the City to liability for failing to comply should an oversight in review of documentation occur.

DISCUSSION
LCP Tracker is a cloud-based Prevailing Wage and Workforce Compliance Management Solution. The program allows prime contractors and their subcontractors to submit certified payrolls electronically, offering a highly secure and automated process for collecting certified payroll reports. LCP Tracker also flags any errors or discrepancies with local, state, or federal Davis-Bacon provisions, and requires the contractor to make corrections prior to accepting the submittal, saving time for the agency by reducing administrative work.

LCP Tracker is ideal for public agencies to ensure all contractors and subcontractors are compliant with prevailing wage laws. It allows the agency and prime contractor to easily view, approve, or reject payrolls and provides immediate feedback. LCP Tracker has had over 18 years of development, and has been widely used by public agencies. LCP Tracker dramatically reduces the risk of fines and failed audits by lessening the administrative work load and allowing more time for staff to do the investigative work necessary to confirm workers are being paid for the classification they are truly working in.

LCP Tracker will be able to be utilized for all state or federal funded CIP projects, including Housing and Urban Development (HUD) funded projects. Construction Administration and Community Development will be able to utilize the software to monitor Labor Compliance, presenting the City with multiple benefits. The software agreement allows the City unlimited number of users and online training.

In 2014, the Federal Department of General Services solicited bids for Prevailing Wage and Workforce Compliance Management Solution software. The Federal Department received 3 competitive bids and authorized a contract with the lowest bidder, LCP Tracker Inc., Orange, CA.

The Federal Department entered into a contract with LCP Tracker, for the services to provide Prevailing Wage and Workforce Compliance Management Solution software. The contract has a ten-year term, from May 8, 2014 to May 7, 2024.

Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $50,000 for material, equipment or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in Modesto Municipal Code (MMC) 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California and other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served. LCP Tracker software meets the requirement under this MMC due to their recent award from the competitive bidding process utilizing the cooperative purchasing agreement through the State of California.

FISCAL IMPACT:

LCP Tracker is estimated to perform 65% of the administrative workload currently committed to Labor Compliance and will provide a cost savings in staff time of approximately $33k per year. #29..
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City Council, April 5, 2022
Agreement with LCP Tracker for Certified Payroll Monitoring Software

Page 3 of 4 ends

Based on current pricing, the initial procurement and implementation cost for the first year is a $16,460, which includes $15,129 for software and start-up, $582 for Web-Based Admin Training (two sessions) and a $750 allowance for Prevailing or Living Wage Input & Maintenance Pricing.

The annual system maintenance costs are based on the City’s annual CIP construction costs.

The current Governmental Service Agency (GSA) pricing is scheduled to be renegotiated in March which could result in a 10% price increase. Therefore, in anticipation of proposed pricing increases, the initial procurement and implementation cost for the first year is being increased for budgeting purposes to a not to exceed amount of $18,106, and the annual license fees are increased to a not to exceed amount of $13,577 per year. City will only be responsible for actual GSA pricing that is approved.

Any additional increase in GSA pricing will be addressed through an amendment to the agreement.

Sufficient funds are budgeted in Fiscal Year 2021-2022 to cover the initial startup, annual license fee, training, and maintenance costs of $18,106 in account Capital Improvement Support Fund 1300-42020-52170, PC Software and Supplies (UTL – Construction Administration).

The system maintenance support fees will be budgeted annually in operating cost center 42020.

Fiscal Year Current Rates Potential Rates
(10% increase)
FY 21/22 $16,460 $18,106
FY 22/23 $12,343 $13,577
FY 23/24 $12,343 $13,577
FY 24/25 $12,343 $13,577
TOTAL $ 53,489 $ 58,837
COMMITTEE RECOMMENDATION:

The LCP Tracker Software system was presented to the Technology Steering and Alignment Committee on August 16, 2021, where Committee members approved staff’s recommendation to present software procurement to Committee and Council for approval.

Additionally, LCP Tracker Software system was presented to the Finance Committee on January 24, 2022, where Committee members approved staff’s recommendation to present software procurement to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement with LCP Tracker for Certified Payroll monitoring software in the amount of $18,106 for the initial year of implementation, and $13,577 annually for three years, for a total amount not to exceed $58,837, and authorizing the City Manager, or his designee to execute the Agreement.
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City Council, April 5, 2022
Agreement with LCP Tracker for Certified Payroll Monitoring Software

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Approved by:

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

1. Resolution

2. LCP Tracker GSA License Agreement
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1 2022-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XXX

RESOLUTION APPROVING AN AGREEMENT WITH LCP TRACKER FOR

CERTIFIED PAYROLL MONITORING SOFTWARE IN THE AMOUNT OF
$18,106 FOR THE INITIAL YEAR OF IMPLEMENTATION, AND $13,577

ANNUALLY FOR THREE YEARS, FOR A TOTAL AMOUNT NOT TO
EXCEED $58,837, AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE TO EXECUTE THE AGREEMENT
WHEREAS, the City of Modesto designs, bids, and constructs approximately 20 to 25 Capital Improvement Program (CIP) projects each year, and WHEREAS, in typical years, roughly 20% of those projects are funded with State or Federal money and require a full labor compliance monitoring program, and WHEREAS, this labor compliance monitoring includes both prime contractors and all subcontractors on the project, and
WHEREAS, full compliance monitoring consists of ensuring timely submission of required Apprenticeship documents, certified payrolls, and verifying that all employees are properly paid for the actual work performed, and WHEREAS, this practice of having one individual responsible for labor compliance and keeping current with state and federal labor laws, including newly passed Senate Bills, exposes the City to liability for failing to comply should an oversight in review of documentation occur, and
WHEREAS, LCP Tracker is a cloud-based Prevailing Wage and Workforce Compliance Management Solution, and
WHEREAS, the program allows prime contractors and their subcontractors to submit certified payrolls electronically, offering a highly secure and automated process for collecting certified payroll reports, and
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2 2022-XXX
WHEREAS, LCP Tracker also flags any errors or discrepancies with local, state, or federal Davis-Bacon provisions, and requires the contractor to make corrections prior to accepting the submittal, saving time for the agency by reducing administrative work, and
WHEREAS, LCP Tracker is ideal for public agencies to ensure all contractors and subcontractors are compliant with prevailing wage laws, and WHEREAS, it allows the agency and prime contractor to easily view, approve, or reject payrolls and provides immediate feedback. LCP Tracker has had over 18 years of development, and has been widely used by public agencies, and WHEREAS, LCP Tracker dramatically reduces the risk of fines and failed audits by lessening the administrative work load and allowing more time for staff to do the investigative work necessary to confirm workers are being paid for the classification they are truly working in, and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $50,000 for material, equipment or contractual services to be formally bid, and
WHEREAS, however, exceptions to the formal bidding process are granted in Modesto Municipal Code (MMC) 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality,” and
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3 2022-XXX
WHEREAS, in addition, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California and other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served, and WHEREAS, LCP Tracker software meets the requirement under this MMC due to their award from the competitive bidding process utilizing the cooperative purchasing agreement through the State of California.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an agreement with LCP Tracker for Certified Payroll monitoring software in the amount of $18,106 for the initial year of implementation, and $13,577 annually for three years, for a total not to exceed amount of $58,837.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 5th day of April, 2022, by Councilmember XXX, who moved its adoption, which motion being duly seconded by Councilmember XXX, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________
DANA SANCHEZ, Interim City Clerk
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4 2022-XXX
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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10.13.20.V2 Contract # GS-35F-364BA

GENERAL SERVICES ADMINISTRATION
Federal Supply Service
Authorized Federal Supply Schedule PriceList
On-line accessto contract ordering information,terms and conditions, up-to-date pricing, and the option to create an electronic delivery order are available through GSAAdvantage!®, a menu-driven database system. The INTERNET address GSAAdvantage!® is:GSAAdvantage.gov.

Schedule Title: MAS – MULTIPLE AWARD SCHEDULE
Information Technology
FSC Classes/Product Codes:

SIN: 511210 - SOFT WARE LICENSES
SIN: 54151 - SOFT WARE MAINTENANCE
OLM: ORDER LEVEL MATERI ALS
Contract Number: GS-35F-364BA
For more information on ordering from Federal Supply Schedules click on the FSS Schedules button at fss.gsa.gov Price List current through Mod# PS-0027 dated 10/01/2020 Period Covered by Contract: May 8, 2014 – May 7, 2024
LCPtracker, Inc.
200 E Chapman Avenue
Orange, CA 92866
714-669-0052
562-684-0145
www.lcptracker.com
Business Size: Small Business
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10.13.20.V2 Contract # GS-35F-364BA
Customer Information
1a. TABLEOF AWARDEDSPECIALITEM NUMBERS (SINs); SINs

DESCRIPTION
511210 Software Licenses
54151 Software MaintenanceServices
OLM Order LevelMaterials
1b. LOWEST PRICEDMODEL NUMBER AND PRICE FOR EACH SIN:
1c. HOURLY R ATES (Services only): See page 13 of 15 for pricing.

2. MAXIMUM ORDER*: $500,000.00per sin/per order
NOTE TO ORDERING ACTIVITIES: *If the best value selection places your order over the Maximum Order identified in this catalog/pricelist, you have an opportunity to obtain a better schedule contract price.

Before placing your order, contact the aforementioned contactor for a better price. The contractor may (1) offer a new price for this requirement, (2) offer the lowest price available under this contract or (3) decline the order. A delivery order that exceeds the maximum order may be placed under the schedule contract in accordance with FAR 8.404.

3. MINIMUM ORDER: $100.00or negotiated at the delivery/task orderlevel

4. GEOGRAPHIC COVERAGE: Domesticonly

5. POINT(S) OF PRODUCTION: USA

6. DISCOUNT FROM LIST PRICES: GSA Net Prices are shown on the attached GSA Pricelist. Negotiated discount has been applied and the IFF has been added.

7. QUANTITY DISCOUNT(S): Additional 5% on orders totaling $200,000+ in any 12-month period.

8. PROMPT PAYMENT TERMS: Net 30 days - "Information for Ordering Offices: Prompt payment terms cannot be negotiated out of the contractual agreement in exchange for other concessions." 9a. Government Purchase Cards must be accepted at or below the micro-purchase threshold. 9b. Government Purchase Cards are accepted above the micro-purchase threshold. Contact contractor for limit.

10. FOREIGN ITEMS: N/A
11a. TIME OF DELIVERY: 30 Days from ARO.
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10.13.20.V2 Contract # GS-35F-364BA
11b. EXPEDITED DELIVERY: 5 Days from ARO or negotiated at the deliver/task order level. 11c. OVERNIGHT AND 2-DAY DELIVERY: Negotiated at the deliver/task order level. 11d. URGENT REQUIRMENTS: Agencies can contact the Contractor’s representative to affect a faster delivery. Customers are encouraged to contact the contractor for the purpose of requesting accelerated delivery.

12. FOB POINT: Destination.
13a. ORDERING ADDRESS: Same as Contractor.
13b. ORDERING PROCEDURES: Ordering activities shall use the ordering procedures described in Federal Acquisition Regulation 8.405-3 when placing an order or establishing a BPA for supplies or services. The ordering procedures, information on Blanket Purchase Agreements (BPA’s) and a sample BPA can be found at the GSA/FSS Schedule Homepage (fss.gsa.gov/schedules).

14. PAYMENT ADDRESS: LCPtracker, Inc.
117 E. Chapman Ave.

Orange, CA 92866

15. WARRANTY PROVISION: Standard CommercialWarranty.

16. EXPORT PACKING CHARGES:N/A

17. TERMS ANDCONDITIONSOF GOVERNMENT PURCHASECARD ACCEPTANCE: See 9a and 9b above.

18. TERMS ANDCONDITIONSOF RENTAL,MAINTENANCE, ANDREPAIR(IF APPLICABLE): N/A

19. TERMS ANDCONDITIONSOF INSTALLATION(IF APPLICABLE): N/A or as applicable.

20. TERMS AND CONDITIONS OF REPAIR PARTS INDICATINGDATE OF PARTS PRICE LISTS AND ANY DISCOUNTS FROM LIST PRICES (IF AVAILABLE): N/A
20a. TERMS AND CONDITIONS FOR ANY OTHER SERVICES (IF APPLICABLE): N/A

21. LIST OF SERVICE ANDDISTRIBUTIONPOINTS : N/A

22. LIST OF PARTICIPATING DEALERS: N/A

23. PREVENTIVE MAINTENANCE: N/A
24a. SPECIAL ATTRIBUTES SUCH AS ENVIRONMENTAL ATTRIBUTES (e.g., recycled content, energy efficiency, and/or reduced pollutants): N/A
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24b. Section 508 Compliance for Electronic and Information Technology (EIT): Section 508 compliance information on the suppliesand servicesin thiscontractare availableat thefollowing website address (URL):[http://www.Section508.gov/

25. DUNSNUMBER: 013632984 and Cage Code: 4Ycj4TPIN

26. NOTIFICATIONREGARDINGREGISTRATIONIN SYSTEM FOR AWARDMANAGEMENT (SAM) DATABASE:

Contractor has an Active Registration in the SAM database.

Terms and Conditions
Terms and Conditions Applicable to Term Software License The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The ordering activity reserves the right to inspect or test any software that has been tendered for acceptance. The ordering activity ma y require repair or replacement of nonconforming software at no increase in contract price. The ordering activity must exercise its post acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the software unless the change is due to the defect in the software. Inspection of services is in accordance with 552.212-4 CONTRACT TERMS AND CONDITIONS– COMMERCIAL ITEMS (J AN 2017) (DEVIATION – FEB 2007) (DEVIAT ION - FEB 2018) for Firm-Fixed Price orders; or GSAR 552.212-4 CONTRACT TERMS AND CONDIT IONSCOMMERCIAL ITEMS (JAN 2017) (DEVIATION - FEB 2018) (ALTERNATE I - JAN 2017) (DEVIATION - FEB 2007) for Time-and-Materials and Labor-Hour Contracts orders placed under this contract.

1. COMMERCIAL SUPPLIER AGREEMENTS
Commercial Supplier Agreements to include Enterprise User License Agreements or Terms of Service (TOS) agreements. The Contractor shall provide all Commercial Supplier Agreements to include Enterprise User License Agreements or Terms of Service (TOS) agreements in an editable Microsoft Office(Word)formatforreview prior toaward.

2. GUARANTEE/WARRANTY
a. The Contractor’s commercial guarantee/warranty shall be included in the Commercial Supplier Agreement to include Enterprise User License Agreements or Terms of Service (TOS) agreements.
b. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. If no implied warranties are given, an express warranty of at least 60 days must be given in accordance with FAR

12.404(b)(2).
c. Limitation of Liability. Except as otherwise provided by an express or implied warranty, the Contractor will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items.
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3. TECHNICAL SERVICES
The Contractor, without additional charge to the ordering activity, shall provide a hot line technical support number _714-669-0052 x4_ for the purpose of providing user assistance and guidance in the implementation of the software. The technical support number is available from 5:00am PST to 6:00pm PST .

4. SOFTWARE MAINTENANCE
(1) _Software Maintenance as a Product(SIN 511210)
Software maintenance as a product includes the publishing of bug/defect fixes via patches and updates/upgrades in function and technology to maintain the operability and usability of the software product. It may also include other no charge support that is included in the purchase price of the product in the commercial marketplace. No charge support includes items such as user blogs, discussion forums, on-line help libraries and Frequently Asked Questions (FAQ’s), hosted chat rooms, and limited telephone, email and/or web-based general technical support for user’s self- diagnostics.

Software maintenance as a product does NOT include the creation, design, implementation, integration, etc. of a software package. These examples are considered software maintenance services. Software Maintenance as a product is billed at the time of purchase. (2) __Software Maintenance Services (SIN54151)
Software maintenance services creates, designs, implements, and/or integrates customized changes to software that solve one or more problems and is not included with the price of the software.

Software maintenance services includes person-to-person communications regardless of the medium used to communicate: telephone support, on-line technical support, customized support, and/or technical expertise which are charged commercially. Software maintenance services are billed in arrears in accordance with 31 U.S.C. § 3324.

Invoices for maintenance service shall be submitted by the Contractor on a quarterly or monthly basis, after the completion of such period. Maintenance charges must be paid in arrears (31 U.S.C. § 3324). PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ONTHE INVOICE.

5. PERIODS OF TERM LICENSES (SIN 511210) AND MAINTENANCE (SIN54151) a. TheContractorshall honorordersfor periodsforthe durationofthe contract periodor a lessor period of time.
b. Termlicenses and/ormaintenancemay be discontinued by the ordering activity on thirty (30) calendar days written notice to the Contractor.
c. Annual Funding. When annually appropriated funds are cited on an order for term licenses and/or maintenance, the period of the term licenses and/or maintenance shall automatically expire on September 30 of the contract period, or at the end of the contract period, whichever occurs first. Renewal of the term licenses and/or maintenance orders citing the new appropriation shall be required, if the term licenses and/or maintenance is to be continued during any remainder of the contract period.
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d. Cross-YearFundingWithinContractPeriod. Whereanorderingactivity’sspecific appropriation authority provides for funds in excess of a 12-month(fiscal year) period, the ordering activity may place an order under this schedule contract for a period up to the expiration of the contract period, notwithstanding the intervening fiscal years. e. Ordering activities should notify the notify the Contractor in writing thirty (30) calendar days prior to the expiration of an order if the term licenses and/or maintenance is to be terminated atthattime. Ordersforthe continuationoftermlicenses and/ormaintenance will be required if the term licenses and/or maintenance is to be continued during the subsequent period.

6. CONVERSION FROM TERM LICENSETO PERPETUAL LICENSE
a. The ordering activity may convert termlicenses to perpetual licenses for any or all software at any time following acceptance of software. At the request of the ordering activity the Contractor shall furnish, within ten (l0) calendar days, for each software product that is contemplated for conversion, the total amount of conversion credits which have accrued while the software was on a term license and the date of the last update or enhancement. b. Conversion credits which are provided shall, within the limits specified, continue to accrue from one contract period to the next, provided the software remains on a term license within the ordering activity.
c. The term license for each software product shall be discontinued on the day immediately preceding the effective date of conversion from a term license to a perpetual license. d. The price the ordering activity shall pay will be the perpetual license price that prevailed at the time such software was initially ordered under a term license, or the perpetual license price prevailing at the time of conversion from a term license to a perpetual license, whicheveris the less.

7. TERM LICENSE CESSATION
a. After a software product has been on a continuous term license for a period of 12 months, a fully paid-up, non-exclusive, perpetual license for the software product shall automatically accrue to the ordering activity. The period of continuous term license for automatic accrual of a fully paid-up perpetual license does not have to be achieved during a particular fiscal year; it is a written Contractor commitment which continues to be available for software that is initially ordered under this contract, until a fully paid-up perpetual license accrues to the ordering activity. However, should the term license of the software be discontinued before the specified period of the continuous term license has been satisfied, the perpetual license accrual shall be forfeited.
b. The Contractor agrees to provide updates and maintenance service for the software after a perpetual license has accrued, at the prices and terms of Special Item Number l32-34, if the licensee elects to order such services. Title to the software shall remain with the Contractor. #29..
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8. UTILIZATION LIMITATIONS - (SIN511210)
a. Software acquisition is limited to commercial computer software defined in FARPart 2.101. b. When acquired by the ordering activity, commercial computer software and related documentation so legend shall be subjectto the following:
(1) Title to and ownership of the software and documentation shall remain with the Contractor, unless otherwise specified.
(2) Software licenses are by site and by ordering activity. An ordering activity is defined as a cabinet level or independent ordering activity. The software may be used by any subdivision of the ordering activity (service, bureau, division, command, etc.) that has access to the site the software is placed at, even if the subdivision did not participate in the acquisition of the software. Further, the software may be used on a sharing basis where multiple agencies have joint projects that can be satisfied by the use of the software placed at one ordering activity's site. This would allow other agencies access to one ordering activity's database. For ordering activity public domain data bases, user agencies and third parties may use the computer programto enter, retrieve, analyze, and present data. The user ordering activity will take appropriate action by instruction, agreement, or otherwise, to protect the Contractor's proprietary property with any third parties that are permitted access to the computer programs and documentation in connection with the user ordering activity's permitted use of the computer programs and any documentation. For purposes of this section, allsuch permitted thirdpartiesshall be deemed agentsofthe userordering activity.
(3) Except as is provided in paragraph 8.b(2) above, the ordering activity shall not provideor otherwise make available the software or documentation, or any portion thereof, in any form, to any third party without the prior written approval of the Contractor. Third parties do not include prime Contractors,subcontractors and agents of the ordering activity who have the ordering activity'spermission to usethe licensed software and documentation at the facility, and who have agreed to use the licensed softare and documentation only in accordance with these restrictions. This provision does not limit the right of the ordering activity to use software, documentation, or information therein, which the ordering activity may already have or obtains withoutrestrictions. (4) The ordering activity shall have the right to use the computer software and documentation with the computer for which it is acquired at any other facility to which that computer may be transferred, or in cases of Disaster Recovery, the ordering activity has the right to transfer the software to another site if the ordering activity site for which it is acquired is deemed to be unsafe for ordering activity personnel; to use the computer software and documentation with a backup computer when the primary computer is inoperative; to cop y computer programs for safekeeping (archives) or backup purposes; to transfer a copy of the software to another site for purposes of benchmarking new hard ware and/or software; and to modify the software and documentation or combine it with other software, provided that the unmodified portions shall remain subject to these restrictions.
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(5) "Commercial Computer Software" may be marked with the Contractor's standard commercial restricted rights legend, but the schedule contract and schedule pricelist, including this clause, "UtilizationLimitations"are the only governing terms and conditions, and shall take precedence and supersede any different or additional terms and conditions included inthe standard commercial legend.
(6) Licensee Data belongs exclusively to Licensee, regardless of where the Data may reside at any moment in time including, but not limited to Licensor hardware, networks or other infrastructure and facilities where Data may reside, transit through or be stored from time to time. Licensor makes no claim to a right of ownership in Licensee Data. Licensor agrees to keep the Licensee Data Confidential as that term is defined in the relevant FAR and DFARS provisions pertaining to Confidential Information and Confidentiality. Licensor is not permitted to use Licensee’s data for a purpose that is not explicitly granted in writing by Licensee. Upon Licensee request, for any reason whatsoever, Licensor must promptly return all Licensee Data in Licensor’s possession in a format as may be designated at the time of request by Licensee.
(7) Licensee may create or hire others (including Licensor) to create modifications, customizations or other enhancements to the Software which might be classified as “Derivative Works” of the software. Unless otherwise negotiated and mutually agreed upon at the order level, the intellectual property (IP) rights to the Derivative Works shall be owned by the owner of the underlying intellectual property. The Derivative Work[s] shall be made available to the Licensee through a royalty free, perpetual worldwide, no charge license to the Licensee.
(8) Software Asset Identification Tags (SWID) (Option 1 SIN 511210). Option 1 is applicable when the Offeror agrees to include the International Organization for Standardization/ International Electro-technical Commission 19770-2 ( ISO/IEC 19770- 2:2015) standard identificationtag(SWIDTag)asan embedded element in the software. An ISO/IEC 19970-2 tag is a discoverable identification element in software that provides licensees enhanced asset visibility. Enhance visibility supports both the goals of better software asset management and license compliance. Offerors may use the National Institute of Standards and Technology (NIST) document “NISTIR 8060: Guidelines for Creation of Interoperable Software Identification (SWID) Tags,” December 2015 to determine if they are in compliance with the ISO/IEC 19770-2 standard.

Section 837 of The Federal Information Technology Acquisition Reform Act (FITARA) of 2014, requires GSA to seek agreements with software vendors that enhance government -wide acquisition, shared use, and dissemination of software, as well as compliance with end user license agreements. The Megabyte Act of 2016 requires agencies to inventory software assets and to make informed decisions prior to new software acquisitions. In June of 2016, the Office of Management and Budget issued guidance on software asset management requiring each CFO Act (Public Law 101-576 – 11/15/1990) agency to begin software inventory management (M-16-12). To support these requirements, Offerors may elect to include the terms of Option 1 and/or Option 2, which support software asset management and government-wide reallocation or transferability of perpetually licensed software.
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(9) Reallocation of Perpetual Software (Option 2 SIN 511210) a. The purpose of SIN 132-33 OPTION 2 is to alloworderingactivities to transfer software assets for a pre-negotiated charge to other ordering activities. b. When an ordering activity becomes aware that a reusable software asset may be available for transfer, it shall contact the Contractor, identify the software license or licenses in question, and request that these licenses be reallocated or otherwisemade available to the new ordering activity.
c. Contractors shall release the original ordering activity from all future obligations under the original license agreement and shall present the new ordering activity with an equivalent license agreement. When the new ordering activity agrees to the license terms, henceforth any subsequent infringement or breach of licensing obligations by the new ordering activity shall be a matter exclusively betweenthe new ordering activity and the Contractor.
d. The original ordering activity shall de-install, and/or make unusable all of the software assetsthat are to be transferred. Itshall have no continuing right to use the software and any usage shall be considered a breach of the Contractor’s intellectual property and a matter of dispute between the original ordering activity/original license grantee and the licensor.
e. As a matter of convenience, once the original licenses are deactivated, di- installed, or made otherwise unusable by the original ordering activity or license grantee, the Contractor may elect to issue new licenses to the new ordering activity to replace the old licenses. When new licenses are not issued, the Contractor shall provide technical advice on how best to achieve the functional transfer of the software assets. f. Software assetsthat are eligible fortransfer that have lapsed Software reinstatement fee, chargeable to the new ordering activity or license grantee. When such a fee is paid, the new ordering activity shall receive all the rights and benefits of Software Maintenance Services.

9. SOFTWARE CONVERSIONS - (SIN511210)
Full monetary credit will be allowed to the ordering activity when conversion from one version of the software to another is made as the result of a change in operating system, or from one computer system to another. Under a perpetual license (132-33), the purchase price of the new software shall be reduced by the amount that was paid to purchase the earlier version. Under a term license (132 -32), conversion credits which accrued while the earlier version was under a term license shall carry forward and remain available as conversion credits which may be applied towards the perpetual license price of the new version.
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10. DESCRIPTIONSAND EQUIPMENT COMPATIBILITY
The Contractor shall include, in the schedule pricelist, a complete description of each software product and a list of equipment on which the software can be used. Also, included shall be a brief, introductory explanation of the modules and documentation which are offered.

11. RIGHT-TO-COPY PRICING
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LIMITED USE SOFTWARE AS A SERVICE AND DATA LICENSE AGREEMENT Application Service Provider-LCPtracker Program (LCPtracker™) LCPtracker is a powerful tool that will help the GSA Customer’s organization comply with the new state, federal and local regulations to manage the GSA Customer’s certified prevailing wage payroll requirements. LCPtracker utilizes the latest developmentsin web and PDA technology that allow organizationsthe ability to collect labor data, validate it againstthe State, Federal and local labor complianceregulation, and prevailing wage databases, allowing our clients to track variance compliance,report on the findings, and create necessary audit logs.

THIS DOCUMENT STATES THE TERMS AND CONDITIONS UPON WHICH LCPTRACKER, INC. ("LCPTRACKER")

OFFERS TO LICENSE (NOT SELL) ITS SOFTTWARE SERVICES, TO THE GSA CUSTOMER FOR USE ONLY UNDER THE TERMS OF THIS LICENSE. GSA Customer must read this Agreement carefully before accessing or using the Software, and before allowing any of its authorized employees, agents, affiliates, or any other person under its control to do so.

This Limited Use Software and Data License Agreement(“Agreement” herein) is between LCPtracker, Inc., and the GSA Customer) who uses LCPtracker, LCPcertified, Housing lite, and/or Daily Reporter (“the Software” herein).

The GSA Customer under the “Schedule Contract” is the "ordering activity," defined as an "entity authorized to order under GSA Schedule contracts as defined in GSA Order OGP 4800.2I, as may be revised from time-totime." This agreement, when signed, shall bind the GSA Customer but shall not operate to bind an employee or person acting on behalf of the GSA Customer in his or her personal capacity. The terms and conditions of 552.212- 4(w) shall apply and be deemed incorporated into this License agreement.

The GSA Customeris responsible for the selection of the software and its associated data and/or information to achieve its intended results, and for the installation, use and results obtained fromthe software.

In consideration for using the Software, LCPtracker and GSA Customer agree to the following:

1. License and Ownership. LCPtracker agreesto license for business use its Software to the GSA Customer.

It is understood and agreed that the Software is owned by LCPtracker, Inc., and that no interest in the Software is conferred on User by either this Agreement or End User’s use of the Software. It is further understood that the license conferred under this agreementis non-exclusive.

2. Disclaimer of implied warranties. To the extent that there might otherwise be an implied warranty of merchantability, LCPtracker, Inc. disclaims that implied warranty of merchantability. To the extent that there might otherwise be an implied warranty offitnessfor a particularpurpose, LCPtracker,Inc. disclaims that implied warranty of fitness for a particular purpose. Notwithstanding the foregoing, LCPtracker provides a warranty for the replacement or repair of defective items when such defect is brought to its attention within a reasonable time after acceptance, but only to the extent that doing such is required by 48 C.F.R. 12.404(b)(2). LCPTRACKER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WHATSOEVER. #29..
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3. Warranty. LCPtracker warrants that the Software will, for a period of sixty (60) days from the date of your receipt, performsubstantially in accordance with the Software written materials accompanying it.

IN THE EVENT OF A BREACH OF WARRANTY, THE U.S. GOVERNMENT RESERVES ALL

RIGHTS AND REMEDIES UNDER THE CONTRACT, THE FEDERAL ACQUISITION REGULATIONS, AND THE CONTRACTDISPUTES ACT, 41 U.S.C. 7101-7109.

4. Limitation on remedies. LCPtracker shall not be subject to special, consequential, indirect, incidental, or punitive damages, or lost profitsresulting fromdefectsin the product. GSA Customershall not be subject to special, consequential, indirect, incidental, loss profits, or punitive damages that at all relate to GSA Customersreasonable use of the Software.

5. THIS AGREEMENT SHALL NOT IMPAIR THE U.S. GOVERNMENT’S RIGHT TO RECOVER FOR FRAUD OR

CRIMES ARISING OUT OF OR RELATED TO THIS CONTRACT UNDER ANY FEDERAL FRAUD STATUTE, INCLUDING THE FALSE CLAIMS ACT, 31 U.S.C. 3729-3733. FURTHERMORE, THIS CLAUSE SHALL NOT IMPAIR NOR PREJUDICE THE U.S. GOVERNMENT’S RIGHT TO EXPRESS REMEDIES PROVIDED IN THE GSA SCHEDULE CONTRACT (E.G., CLAUSE 552.238-75 – PRICE REDUCTIONS, CLAUSE 52.212-4(H) – PATENT INDEMNIFICATION, AND GSAR 552.215-72 – PRICE ADJUSTMENT – FAILURE TO PROVIDE ACCURATE INFORMATION), OR ANY OTHER MATTER FOR WHICH LIABILITYCANNOT BE EXCLUDEDBY LAW.

6. Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third partymakespayment(e.g., use oftheGovernmentwidecommercialpurchasecard),the Contractor may not assign its rightsto receive payment underthis contract.

7. Disputes. This contract is subject to 41 U.S.C. Chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR

52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

8. Trade Secrets. GSA Customer acknowledges that the source code, and anything else that underlies the Software, including without limitation, underlying ideas, underlying algorithms, underlying concepts, underlying procedures, underlying processes, underlying principles, and underlying methods of operations are trade secrets, whichbelong to LCPtracker. To the extentthatGSA Customermay everlearn any of the foregoing, GSA Customer agreesto never communicate such to any individual or entity.

9. Governing law. The Federal laws of United Statesshall govern this Agreement.

10. Venue. The venue for disputes between LCPtracker, Inc. and the Ordering Activity shall be handled in accordance with Federal Law.

Signature Page to Follow
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About LCPtracker,Inc.

LCPtracker is an Application Service Provider (ASP) web -hosted software program that minimizes paperwork and intensive labor hours when enforcing a Labor Compliance Program on public works construction projects.

LCPtracker creates an online database of all Certified Payroll Reports (CPRs), generates audit logs with standard letters, electronic documents, attachments, and many other features for correspondence to contractors.

LCPtracker reduces the intensive ma n-hours needed by our clients to manually review hundreds of Certified Payroll Records (CPRs) for any given project. This reduction is achieved by the contractor entering all of their information into an online certified payroll reporting form, or by uploading their payroll data from their existing accounting system(s). LCPtracker will flag any errors, o missions, or discrepancies the contractor may have on this report. The contractor has immediate feedback of any violations found to be corrected prior to submittal to Administrator. LCPtracker, Inc. maintains and upgrades the software to keep the prevailing wage rates up -todate and notifies all designated parties involved of any violation. The administrator has several delivery options to have these notices/violations sent to the contractor LCPtracker software ensures that information sub mitted by contractors matches the information gathered during on-site interviews; job classifications are listed correctly; apprentice stages are approved; and social security numbers match. Overall errors and issues are dramatically reduced because LCPtracker is a proactive system that standardizes all data and notifies all users of potential problems during the course of data entry.

DATABASE
LCPtracker Inc. Consists of a three modules database: a contractor database, an administrator database, and a prevailing wage database. These three databases work together to provide a web-based program to capture, check and report on Certified Payroll Reports, as well as other related data and reporting. The Documents element is an additional function which enhances the posting and collection of documentation required by LCP Program. Each componentis briefly described below;
Contractor Module: The contractor database allows the contractor to enter the Certified Payroll Reports data online. The system will check the contractor data against the prevailing wage database and alert the contractor of any problems. The contractor then certifies and submits their error-free Certified Payroll Reports (CPRs) online. Several reports exist to assist the contractor in managing the submittal of CPR reports. The contractor hasoptions to define their subcontractors inthe system.

Administrator Module: The administrator database allows the administrator to track the status of CPRs submittal, review submitted CPRs, and run reports on the data submitted in the CPRs in a wide variety of ways. The administrators can also track the status of all documents required or created with respect to the prevailingwage reporting. Anon-site visitinterviewreporting capability is provided Prevailing Wage Database: A prevailing wage database contains the wage information appropriate to a particular project. This database is indexed by location, rates, project, labor craft, and labor classification within that craft.

You can self- maintain this database, or you can contract with LCPtracker to maintain the database. LCPtracker currently maintains the prevailing wage information for the entire State of California. #29..
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Proposed GSA IT Schedule Price List 511210 and 54151
Product Code Required Start-up Fee for LCPtracker Professional & On-Site Modules Only GSA Pricing Offered (w/IFF)
LCP-SBAS Basic $2,785.74
CA contractor or Federal-only project. Web-based Start Up/Configuration, Wage Data Entry.

LCP-SSTA Standard $4,196.47
Web-based or In-person based* Start Up/Configuration, Wage Data Entry (*Plus flat rate travel, Section F).

LCP-SSEL Select $5,606.74
In-person based* Start Up/Configuration, Wage Data Entry (*Plus, flat rate travel, Section F).

LCP-SEIF Expedited Implementation Fee $705.25
Guarantees implementation within one week. Only available with Basic or Standard options.

LCP-SND New Office/Database Start Up (National Primes) $1,763.13 Only available for prime contractors that have a national contract in place with LCPtracker and that have at least 10 separate offices/databases implemented.

LCP-SOS On-site Module Start Up to include mapping of one form. $352.63 (Additional forms may be mapped at $500/form).

Product Code Plan A: Bulk Project Pricing – LCPtracker Professional GSA Pricing Offered (w/IFF)
Fixed Annual Multiple Projects Fee Option - This is a flat rate price package which is a oneyear commitment for LCPtracker service. The prices are based on Open/Active projects in LCPtracker during the contract year.

LCP-A5M Up to $5 Million in construction costs $2,304.18 LCP-A10M Up to $10 Million $4,693.70
LCP-A25M Up to $25 Million $7,052.90
LCP-A50M Up to $50 Million $12,342.57
LCP-A100M Up to $100 Million $16,214.61
LCP-A200M Up to $200 Million $20,806.05
LCP-A300M Up to $300 Million $26,448.36
LCP-A400M Up to $400 Million $31,385.39
LCP-A500M Up to $500 Million $36,675.06
LCP-A750M Up to $750 Million $41,259.45
LCP-A1B Up to $1 Billion $45,841.25
LCP-A2B Up to $2 Billion $52,893.75
LCP-A4B Up to $4 Billion $75,461.75
LCP-A6B Up to $6 Billion $97,324.50
LCP-A8B Up to $8 Billion $118,129.38
LCP-A10B Up to $10 Billion $138,229.00
LCP-EAA500M Add this fee for every additional $500 Million over $10 Billion $5,853.58 #29..
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Product Code Plan A: Bulk Project Pricing – Daily Reporter Add-On Module GSA Pricing Offered (w/IFF)
Fixed Annual Multiple Projects Fee Option - This is a flat rate price package which is a one-year commitment for LCPtracker service. The prices are based on Open/Active projects in LCPtracker during the contract year.

LCP-DR5M Up to $5 Million in construction costs $1,152.03 LCP-DR10M Up to $10 Million $2,327.46
LCP-DR25M Up to $25 Million $3,526.45
LCP-DR50M Up to $50 Million $6,206.55
LCP-DR100M Up to $100 Million $8,107.30
LCP-DR200M Up to $200 Million $10,579.35
LCP-DR300M Up to $300 Million $13,259.45
LCP-DR400M Up to $400 Million $15,516.37
LCP-DR500M Up to $500 Million $18,337.53
LCP-DR750M Up to $750 Million $20,453.40
LCP-DR1B Up to $1 Billion $22,850.10
LCP-DR2B Up to $2 Billion $26,517.40
LCP-DR4B Up to $4 Billion $37,801.40
LCP-DR6B Up to $6 Billion $48,662.25
LCP-DR8B Up to $8 Billion $59,029.43
LCP-DR10B Up to $10 Billion $69,114.50
LCPEADR500M Add this fee for every additional $500 Million over $10 Billion $2,771.63 Product Code Plan A: Bulk Project Pricing – On-site Add-On Module GSA Pricing Offered (w/IFF)
Fixed Annual Multiple Projects Fee Option - This is a flat rate price package which is a one-year commitment for LCPtracker service. The prices are based on Open/Active projects in LCPtracker during the contract year.

LCP-OSA5M Up to $5 Million in construction costs $1,057.88 LCP-OSA10M Up to $10 Million $1,057.88
LCP-OSA25M Up to $25 Million $1,410.50
LCP-OSA50M Up to $50 Million $1,833.65
LCP-OSA100M Up to $100 Million $2,115.75
LCP-OSA200M Up to $200 Million $2,115.75
LCP-OSA300M Up to $300 Million $2,821.00
LCP-OSA400M Up to $400 Million $2,821.00
LCP-OSA500M Up to $500 Million $3,667.30
LCP-OSA750M Up to $750 Million $3,667.30
LCP-OSA1B Up to $1 Billion $4,372.55
LCP-OSA2B Up to $2 Billion $5,077.80
LCP-OSA4B Up to $4 Billion $7,264.08
LCP-OSA6B Up to $6 Billion $9,450.35
LCP-OSA8B Up to $8 Billion $10,931.38
LCP-OSA10B Up to $10 Billion $13,047.13
LCPEAOSA500M Add this fee for every additional $500 Million over $10 Billion $564.20 #29..
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10.13.20.V2 Contract # GS-35F-364BA
Optional Services Available
Product
Code Description UOI GSA Pricing w/IFF
LCP-CDR A. Custom Development(Systemrequests, reports, SOCs, etc.) Per Hour $170.68 B. Interfacesto External Client Systems

LCP-CEI
a. Creation of External Interface* (per data group, i.e., project data, contractor data, payroll data) Per Interface $4,196.24 LCP-MEI b. Maintenance of External Interfaces Per year, Per Interface $1,375.24
*Assumes data is in a ready-to-load, unduplicated, clean, well-defined, and approved electronic format. Any additional work required to clean up data will be billed at hourly rate.

LCP-WDE C. Prevailing or Living Wage Data Input& Maintenance Pricing Per Hour $58.19 D. Auto-Geo Assignment
LCP-AGSF a. Set-up Fee Set Up Fee (one-time) Per Geographic Area $1,763.13

LCP-AGAF
b. Annual License Fee (includes one (1) update to map per year)
Per Geographic
Area $1,763.13

LCP-AGUF
c. AdditionalUpdate Fee - only upon client request/if changes have been made to the geographic areas
Per Geographic
Area $1,763.13
E. New Administrative Training for Existing Clients(see description below)
LCP-TOS a. On Site AdminTraining (plus flatrate travelfee, Section F) Per Session $1,057.93 LCP-TWB2 b. Web-BasedAdmin Training (2 sessions) Both Sessions $581.86 LCP-TWB1 c. Web-Based AdminTraining (1 session) Per Session $440.78

LCP-TEC
d. Contractor Web-Based Training (this is for an exclusive web class for the Administrator’s contractors only; no charge classes are available weekly that are not exclusive)
Per Web
Session
$176.31
LCP-TRRF F. Flat Rate Travel Fee (flight, car, hotel for one night) Flat Rate $640.05 LCP-BDB G. BackupData DVD/FlashDrive (plus salestax) Each $271.54 H. Active Database Fee – charged for databases that remain open with no active projects. May choose Monthly or
Annual Fee.

LCP-ADFM Monthly $70.53
LCP-ADFA Annual $846.30

LCP-CRA
I. Client-Requested Audit of LCPtracker Client may request an audit of the accuracy of the Licensed Software’s
performance
Per Hour $141.05
LCP-CDOC J. Custom Documentation Per Hour $88.16

LCP-PMS
K. Project Management Services (beyond standard implementation) Per Hour $105.79 LCP-RDF L. Re-activate Previously Inactive Database
Per Database
Reactivation $581.83
Product
Code B2Gnow Baseline System
GSA Offered Pricing
(w/ IFF)
B2G-MS B2Gnow Module Setup $4,196.24
B2G-AMU
B2Gnow Annual Module Unit capacity varies by function; multiple module units may be required for large organizations. $4,196.24
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 5, 2022
March 16, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Engineering Design Services Agreement with O’Dell Engineering for the Sonoma Sewer Trunk Phases 3 and 4 Projects
CONTACT: Jesse Franco, Engineering Division Manager, [email protected], (209) 571-5175
DESCRIPTION:

Consider approving an Agreement with O’Dell Engineering, Modesto, CA, for Engineering Design Services for the Sonoma Sewer Trunk Phases 3 and 4 Projects in the amount of $72,600 for the identified scope of services, plus $7,260 in additional services, if needed, for a total amount not to exceed $79,860. (Funding Source – Wastewater) STRATEGIC PLAN ELEMENT:

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

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

BACKGROUND:

The Wastewater Collection System Master Plan identifies the Sonoma Trunk Extensions and Lift Station as a system that must be constructed to serve future development of the Roselle/Claribel Comprehensive Planning District located in the northeast area of the City.

Within this area is the proposed Tivoli Development, which currently has two phases in the Tentative Map phase and will require construction of the Sonoma Trunk Extensions.

The first phase of the Sonoma Trunk Extension has been constructed along Sylvan Avenue, from Wood Sorrel Drive to Aria Way. The second phase, which includes the lift station and sewer main improvements along Oakdale Road, is currently in the final design phase and is anticipated to begin construction in the summer of 2022. Phases 3 and 4, along the future Aria Way need to be designed, constructed, and coordinated with the anticipated development projects.
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City Council, April 5, 2022
Engineering Design Services Agreement with O’Dell Engineering for the Sonoma Sewer Trunk Phases 3 and 4 Projects

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Sonoma Trunk Phases 3 and 4 includes engineering design and construction of installation approximately 2,900 feet of 24-inch diameter sewer trunk beginning on Aria Way, just north of Sylvan Avenue, and continuing northerly to the proposed alignment of Mable Avenue.

O’Dell Engineering (O’Dell) has been involved with preliminary engineering studies for the Tivoli Development and has assisted the City as well as the development groups. O’Dell is currently the design engineer for the first phase of the Tivoli Development which is located at Sylvan Avenue and Aria Way. Considering this development phase requires the third phase of the sewer trunk extension, staff coordinated with the Tivoli Development team on the partnering opportunity to utilize O’Dell to design the third and fourth phases of the Sonoma Trunk Extensions. O’Dell would design the sewer trunk extensions and incorporate into the subdivision plans. This option allows for the sewer trunk to be installed at the same time as the subdivision development and therefore experience scheduling, coordination, and cost efficiencies. The developer will construct the sewer trunk and be reimbursed through the City’s Wastewater fund. This approach was arranged for the Market Place development on Sylvan Avenue and proved to be efficient and successful.

Prior to construction, staff will coordinate with Finance and Community Development on the terms and structure of the reimbursement agreement.

DISCUSSION:

O’Dell’s involvement with the Tivoli Development and familiarity and knowledge of City Standards, provides them with the project understanding that will benefit the design of the proposed Sonoma Sewer Trunk Phase 3 and 4 projects. O’Dell has rendered satisfactory services with the City on previous projects which includes the Sutter Trunk Rehabilitation and Highway Village Strengthen and Replace Water mains projects.

Administrative Directive 3.1 allows for a selection of a consulting firm if in the best interest of the City and if the firm has rendered satisfactory services with the City. Therefore, staff is recommending the use of O’Dell to increase project delivery efficiencies.

O’Dell will provide engineering design and project management services during the construction of the Sonoma Sewer Trunk Phase 3 and 4 projects. The scope of services to be provided under the agreement includes;
 Project Management
 Meetings with City staff
 Topographic Survey
 Preparation of Plans and Estimates
 Engineering Support During Construction
In accordance with Modesto Municipal Code Sec. 8-3.204(a), Exceptions to Formal Bidding Requirements, the agreement is for professional services and, therefore, exempt from the bidding requirement. The approval for the Engineering Design Services to O’Dell Engineering conforms to Modesto Municipal Code 8-3.204, subsection (a) as they are providing professional services for Engineering Design Services for the Sonoma Sewer Trunk Phases 3 and 4 projects and have been involved with the Tivoli Development and are familiar and knowledgeable of City Standards that will provide project efficiencies
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City Council, April 5, 2022
Engineering Design Services Agreement with O’Dell Engineering for the Sonoma Sewer Trunk Phases 3 and 4 Projects

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FISCAL IMPACT:

The following accounts have been created to track expenses associated with these projects:
101370 – Sonoma Sewer Trunk Ext Ph 3
101371 – Sonoma Sewer Trunk Ext Ph 4

ANTICIPATED ENGINEERING EXPENDITURES
COMMITTEE RECOMMENDATION:

This item was considered by the Finance Committee at the February 28, 2022 meeting where it was recommended that it be forwarded to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement with O’Dell Engineering, Modesto, CA, for Engineering Design Services for the Sonoma Sewer Trunk Phases 3 and 4 Projects in the amount of $72,600 for the identified scope of services, plus $7,260 in additional services, if needed, for a total amount not to exceed $79,860, and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

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

1. Resolution

2. Agreement with O’Dell Engineers, Inc.

3. Exhibit A

4. Exhibit B
101370 101371 TOTAL
Engineering Services Agreement – O’Dell Engineering $36,300 $36,300 $72,600 Additional Services (10%) if needed $3,630 $3,630 $7,260 City Staff – Engineering/Administration $5,000 $5,000 $10,000 TOTAL $44,930 $44,930 $89,860
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1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX
RESOLUTION APPROVING AN AGREEMENT WITH O’DELL

ENGINEERING, MODESTO, CA, FOR ENGINEERING DESIGN SERVICES FOR THE SONOMA SEWER TRUNK PHASES 3 AND 4 PROJECTS IN THE AMOUNT OF $72,600 FOR THE IDENTIFIED SCOPE OF SERVICES, PLUS $7,260 IN ADDITIONAL SERVICES, IF NEEDED, FOR A TOTAL AMOUNT NOT TO EXCEED $79,860, AND AUTHORIZING THE CITY MANAGER, OR

HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the Wastewater Collection System Master Plan identifies the Sonoma Trunk Extensions and Lift Station as a system that must be constructed to serve future development of the Roselle/Claribel Comprehensive Planning District located in the northeast area of the City, and
WHEREAS, within this area is the proposed Tivoli Development, which currently has two phases in the Tentative Map phase and will require construction of the Sonoma Trunk Extensions, and
WHEREAS, the first phase of the Sonoma Trunk Extension has been constructed along Sylvan Avenue, from Wood Sorrel Drive to Aria Way, and WHEREAS, the second phase, which includes the lift station and sewer main improvements along Oakdale Road, is currently in the final design phase and is anticipated to begin construction in the summer of 2022, and WHEREAS, Phases 3 and 4, along the future Aria Way need to be designed, constructed, and coordinated with the anticipated development projects, and WHEREAS, O’Dell Engineering (O’Dell) has been involved with preliminary engineering studies for the Tivoli Development and has assisted the City as well as the development groups, and
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2 2022-
WHEREAS, O’Dell’s involvement with the Tivoli Development and familiarity and knowledge of City Standards, provides them with the project understanding that will benefit the design of the proposed Sonoma Sewer Trunk Phase 3 and 4 projects, and WHEREAS, O’Dell has rendered satisfactory services with the City on previous projects which includes the Sutter Trunk Rehabilitation and Highway Village Strengthen and Replace Water mains projects, and
WHEREAS, in accordance with Modesto Municipal Code Sec. 8-3.204(a), Exceptions to Formal Bidding Requirements, the agreement is for professional services and, therefore, exempt from the bidding requirement, and WHEREAS, the approval for the Engineering Design Services to O’Dell Engineering conforms to Modesto Municipal Code 8-3.204, subsection (a) as they are providing professional services for Engineering Design Services for the Sonoma Sewer Trunk Phases 3 and 4 projects and have been involved with the Tivoli Development and are familiar and knowledgeable of City Standards that will provide project efficiencies.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an agreement with O’Dell Engineering, Modesto, CA, for Engineering Design Services for the Sonoma Sewer Trunk Phases 3 and 4 Projects in the amount of $72,600.00 for the identified scope of services, plus $7,260.00 in additional services, if needed, for a total not to exceed amount of $79,860.00 BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement in a form approved by the City Attorney. #30..
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3 2022-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 5th day of April 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

By: _______________________________________
JOSE M. SANCHEZ, City Attorney
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AGREEMENT WITH O’DELL FOR ENGINEERING DESIGN SERVICES FOR SONOMA SEWER TRUNK PHASES 3 & 4 PROJECTS
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2022, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and O’DELL ENGINEERING, INC. dba O’DELL ENGINEERING, a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that engineering design services should be performed for the Sonoma Sewer Trunk Phases 3 & 4 Projects for the City.

B. Consultant represents that it is qualified, willing and able to provide the services to prepare said document(s).

NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

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 hereto and referred to as Exhibit "A" or "project". The Consultant shall perform the services as described in Exhibit "A" in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and #30..
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performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as Exhibit "A" and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this agreement. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit "A".

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed SEVENTY TWO THOUSAND SIX HUNDRED AND 00/100 DOLLARS ($72,600.00) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project. #30..
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Additional services may be authorized by the City Manager in an amount up to, but not to exceed ten percent (10%) of the agreed maximum compensation, or SEVEN THOUSAND TWO HUNDRED SIXTY AND 00/100 DOLLARS ($7,260.00). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed SEVENTY NINE THOUSAND EIGHT HUNDRED SIXTY AND 00/100 DOLLARS ($79,860.00). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.

Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
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5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Mike Persak, PE, LEED AP, QSC/QSP, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that fifteen percent (15%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract.

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.
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7. NEWS AND INFORMATION RELEASE.

Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Manager.

8. INTEREST OF CONTRACTOR.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.

9. AMENDMENTS.

Both parties to this Agreement understand 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.

Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services. #30..
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10. INDEPENDENT CONTRACTOR.

Consultant has no authority or responsibility to exercise any rights or power vested in the City.

No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and #30..
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control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the #30..
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provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: O’Dell Engineering, Inc.

Address: 1165 Scenic Drive, Suite B
Modesto, CA 95350
Attention: Randall O’Dell, P.E.

Phone: (209) 571-1765 Ext. 107
Facsimile: (209) 571-2466
E-mail: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Jesse Franco, Engineering Division Manager
Phone: (209) 571-5175
Facsimile: (209) 522-1780
E-mail: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant 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 the City as may be required by the Risk Manager of the City. 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 the City by certified mail, return receipt requested, for all of the following stated insurance policies. #30..
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In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's 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. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(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.
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(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the 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. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and #30..
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automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

For any claims related to this project, the CONSULTANT’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 CONSULTANT’S insurance and shall not contribute with it.

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant 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 Consultant. 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 Consultant, dishonesty or theft.

Termination by City for Convenience
The City may also terminate the Consultant'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 #30..
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convenience, and shall endeavor to provide the Consultant 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 Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants 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 subconsultants, but in no event shall recovery by any Consultant or subconsultant 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 Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
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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, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant 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 Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant 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 subconsultant 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 Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums #30..
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previously paid to the Consultant.

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 Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant 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.

16. CERTIFIED PAYROLL REQUIREMENT.

For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

17. INDEMNITY.

The Consultant 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 Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. #30..
- 812 -
-15-
Consultant'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 Consultant to procure and maintain a policy of insurance.

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

Otherwise, the claim or claims shall be deemed waived in their entirety.

The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made.

Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.

The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.

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 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. #30..
- 815 -
-18-

21. 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.

22. AUDIT.

The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.

Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
#30..
- 816 -
-19-

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #30..
- 817 -
-20-
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement 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 day of , 2022, and O’DELL ENGINEERING, INC. dba O’DELL ENGINEERING has caused this agreement to be duly executed in duplicate as of the Effective Date.
#30..
- 818 -

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#30..
- 823 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 05, 2022
March 16, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Award Highway Village Strengthen & Replace Water Mains Project CONTACT: Jesse Franco, Engineering Division Manager, [email protected], (209) 571-5175
DESCRIPTION:

Consider approving the plans and specifications for the Highway Village Strengthen & Replace Water Mains Project; accepting the bid and awarding a construction contract to Rolfe Construction Inc., of Atwater, CA, in the amount of $4,074,366, plus $407,437 for contingency (if needed), for a total amount not to exceed $4,481,803; authorizing the increase in Director’s Authority from 8% ($325,949) to 10% ($407,437) of the construction contract price of $4,074,366 to issue Change Orders; approving an Agreement with TRC Engineers, Inc. City, CA for Construction Management and Inspection Services in an amount not to exceed $637,000, plus $63,700 for additional services, if needed, for a total amount not to exceed $700,700; and amending the Fiscal Year 2021-22 Capital Improvement Program Budget in the amount of $1,787,746. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:

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

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

BACKGROUND:

The Highway Village Neighborhood is one of many prioritized areas in the City’s water service area that require replacement of current, aging water infrastructure. The Highway Village Strengthen & Replace Water Mains project will replace and upgrade deficient water mains, associated water valves, services and fire hydrants to increase service reliability and improved flows and pressures. The project area is bounded by Conant Avenue on the East, W. Rumble Road on the North, and Sisk Road on the Southwest.

The project will involve the relocation of approximately 200+ water services. The existing water services are currently located in the back of the properties and connected to existing water mains located in the alley ways. The new water mains will be installed in the streets fronting the properties which will result in new water services being installed in the front of the properties. #31..
- 824 -
City Council, April 05, 2022
Award Highway Village Strengthen & Replace Water Mains project

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Staff coordinated with the City Attorney’s Office to prepare a right-of-entry grant to provide to the property owners allowing the City and Contractor to perform the work on private property. Staff then coordinated with consultants to perform public outreach to obtain the right-of-entry grants.

On February 17, 2017, by resolution 2017-84, Council approved a design services agreement with O’Dell Engineering for the Highway Village Strengthen & Replace Water Mains Project. The project experienced delays due to transitions in staffing and reprioritization of projects.

DISCUSSION:

The project was advertised for bids on January 4, 2022. Bids were publicly opened on February 1, 2022, pursuant to City Charter Section 1307, and Rolfe Construction Inc., Atwater, CA, was the responsible bidder with the lowest responsive bid. The bid tabulation is attached.

The bid analysis is:

Number of bids received 1
Number of bids within 10% of engineer’s estimate 1
Number of bids above the engineer’s estimate 0
Number of bids below the engineer’s estimate 1
Percent low bid is below the engineer’s estimate 2.15%
There was only one bid received from local firm Rolfe Construction, of Atwater, CA, which was

2.15% below the engineer’s estimate. Though there was only one bid received, it was below the engineer’s estimate.

Staff considered rejecting the bids for more participation but due to the uncertainty of the current construction market, increased participation could result in higher bids.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid. The award of contract for the construction of the Highway Village Strengthen & Replace Water Mains project to Rolfe Construction Inc., Atwater, CA, conforms to the Modesto Municipal Code, 8-3.203.

Therefore, staff and the City Manager recommend awarding the contract to Rolfe Construction Inc of Atwater, CA.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, and revised on July 9, 2019 by Council Resolution No. 2019-326, established a contract change order authority of 8% for construction contracts of this dollar value. However, after reviewing the plans and specifications, and given the nature of rehabilitation projects where unforeseen utilities or buried structures, and other unaccounted for issues may arise, it is likely that this project could exceed the Director’s Authority of 8%. Therefore, City staff is requesting an increase in the Director’s Authority for the Construction Contingency to 10%.

While the contingency policy is utilized for each construction contract awarded by the City, it is not written into each contract, nor is it a guaranteed amount included in the final compensation to the contractor. Prior to bidding a project, staff works diligently to ensure that all projects and bid packages contain well-defined scopes of work and that all projects stay within budget.

Due to the overall size of the Highway Village Strengthen & Replace Water Mains Project, with respect to neighborhood area and anticipated coordination efforts with property owners, and the #31..
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amount of time for the completion of this project, staff recommends utilizing consultants to provide Construction Management, Inspections, Materials Testing and Public Outreach services for the anticipated 10-month construction period. Additionally, due to limited staffing resources and current workload, consultant assistance is necessary for proper project coverage and construction oversight.

In accordance with Modesto Municipal Code 8-3.204(a), agreements for professional services are exempt from the formal bidding requirements of Modesto Municipal Code 8-3.203. The selection process followed the City’s policy, Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural and Engineering Services for Capital Projects.

Administrative Directive 3.1 allows for a selection of a consulting firm if in the best interest of the City and if the firm has rendered satisfactory services with the City. TRC Engineers, Inc., has provided assistance with Construction Management and Inspection services for various City projects including the Roosevelt Park Storm Drain project, Village One Slurry Seal project and the Tully Road Pavement Rehabilitation project and has rendered quality service with respect to coordination with staff, the public and the contractor, as well as efficient construction management. Therefore, staff is recommending an agreement with TRC Engineers, Inc., to increase project delivery efficiencies.

FISCAL IMPACT:

CIP ACCOUNT:

Total estimated cost for the construction portion of this project is $5,440,478. Funding for the construction, contingency, administration, and City staff design support, will be budgeted in the current FY 2021-22 Capital Improvement Program budget in account:
100846 – UPP – UTL – Highway Village Strengthen & Replace Water Mains EXPENDITURES TO DATE:

Engineering/Design/Administration $259,970
Construction Administration $1,020
TOTAL EXPENDITURES TO DATE: $260,990
ANTICIPATED CONSTRUCTION EXPENDITURES:

Construction Contract $4,074,366
Construction Contingency (10%) $407,437
Construction Management Services – TRC Engineers Inc. $637,000 - Additional Services (if needed) $63,700
Construction Administration – City Staff $30,000
City Construction Forces $50,000
Design Support During Construction – City (4%) $162,975 Engineering Support During Construction – O’Dell Engineering $15,000 TOTAL ANTICIPATED CONSTRUCTION EXPENDITURES: $5,440,478 *To fund the Highway Village Strengthen & Replace Water Mains Project, a budget adjustment is necessary to amend the Fiscal Year 2021-22 Capital Improvement Program Budget. Upon Council approval, $1,787,746 from the Water Fund will be transferred into CIP account 100846 #31..
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to fund the construction, contingency, construction administration, city construction forces, and engineering design support and administration associated with this phase of the project.

COMMITTEE RECOMMENDATION:

This project was presented to Finance Committee on March 25, 2019, as a report on upcoming Capital Improvement construction projects and was recommended to forward to Council for future award of construction. As stated in that Committee report, as bids are received, staff will present projects directly to Council for award of construction.

CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through a Categorical Exemption for existing utility facilities under CEQA Section 15301 Class 1(b).

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving plans and specifications for the Highway Village Strengthen & Replace Water Mains project, accepting the bid, and approving a construction contract with Rolfe Construction Inc., of Atwater, CA, in the amount of $4,074,366, plus $407,437 in contingency (if needed), for a total amount not to exceed $4,481,803 and authorizing the City Manager, or his designee, to execute the Agreement.

Resolution authorizing an increase in the Director’s Authority to issue Change Orders for the Highway Village Strengthen & Replace Water Mains Project from 8% ($325,949) to 10% ($407,437) of the construction contract amount of $4,074,366 with Rolfe Construction Inc., of Atwater, CA.

Resolution approving an Agreement with TRC Engineers Inc., of Lathrop, CA, for Construction Management and Inspection Services for the Highway Village Strengthen & Replace Water Mains project in an amount not to exceed $637,000 for the identified scope of services, plus $63,700 for additional services (if needed), for a total amount not to exceed $700,700; and authorizing the City Manager, or his designee, to execute the Agreement.

Resolution amending the Fiscal Year 2021-22 Capital Improvement Program Budget in the amount of $1,787,746 to be transferred into the project from the Water Fund in order to fully fund the construction, contingency, construction administration and design support during construction for the Highway Village Strengthen & Replace Water Mains project and authorizing the City Manager, or his designee, to implement the provisions of this resolution.

Approved by:

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

1. Resolutions (4)

2. Construction Contract with Rolfe Construction Inc. & Financial Interest Disclosure Form

3. Agreement with TRC Engineers Inc., & Financial Interest Disclosure Form

4. Exhibit A

5. Exhibit B

6. Bid Results
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE

HIGHWAY VILLAGE STRENGTHEN & REPLACE WATER MAINS

PROJECT, ACCEPTING THE BID, AND APPROVING A CONSTRUCTION CONTRACT WITH ROLFE CONSTRUCTION INC., OF ATWATER, CA, IN THE AMOUNT OF $4,074,366 PLUS $407,437 FOR CONTINGENCY (IF NEEDED) FOR A TOTAL AMOUNT NOT TO EXCEED $4,481,803 AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE AGREEMENT
WHEREAS, the Highway Village Strengthen & Replace Water Mains project will replace and upgrade deficient water mains, associated water valves, services and fire hydrants to increase service reliability and improved flows and pressures, and WHEREAS, the project will involve the relocation of approximately 200+ water services. The existing water services are currently located in the back of the properties and connected to existing water mains located in the alley ways. The new water mains will be installed in the streets fronting the properties which will result in new water services being installed in the front of the properties, and WHEREAS, the Project was advertised for bids on January 4, 2022, and WHEREAS, on February 1, 2022, Bids were publicly opened, pursuant to City Charter Section 1307, one bid was received and Rolfe Construction Inc., of Atwater, CA, was the responsible bidder with the lowest responsive bid, and WHEREAS, MMC 8-3.203 states that all purchases, in excess of fifty thousand dollars ($50,000), or when directed by the City Manager for any purchase of fifty thousand dollars ($50,000) or less, shall follow formal bid procedures, and #31..
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WHEREAS, and the award of bid for the Highway Village Strengthen & Replace Water Mains Project conforms to the Modesto Municipal code based on providing the overall lowest cost, while providing improved service, and WHEREAS, the Director of Utilities has recommended that the bid of $4,074,366 received from Rolfe Construction Inc., of Atwater, CA, be accepted as the lowest responsible and responsive bid and the contract be awarded to Rolfe Construction Inc., of Atwater, CA.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the plans and specifications for the Highway Village Strengthen & Replace Water Mains Project and accepts the bid of $4,074,366 plus $407,437 for contingency (if needed) for a total amount not to exceed $4,481,803 and award Rolfe Construction Inc., of Atwater, CA, the contract for the Highway Village Strengthen & Replace Water Mains Project.

BE IT FURTHER RESOLVED that the Highway Village Strengthen & Replace Water Mains Project is categorically exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(b) exemption for existing utility facilities.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the contract, in a form approved by the City Attorney. #31..
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The City of Modesto held on the 5th day of April 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION AUTHORIZING AN INCREASE IN THE DIRECTOR’S

AUTHORITY TO ISSUE CHANGE ORDERS FOR THE HIGHWAY VILLAGE STRENGTHEN & REPLACE WATER MAINS PROJECT FROM 8% ($325,949) TO 10% ($407,437) OF THE CONSTRUCTION CONTRACT AMOUNT OF $4,074,366 WITH ROLFE CONTRUCTION INC., OF ATWATER, CA
WHEREAS, the City’s “Change Order Approval Policy”, enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, established a contract change order budget of 8% for projects over $1 Million, and
WHEREAS, given the nature of rehabilitation projects where unforeseen utilities or buried structures, and other unaccounted for issues may arise, additional work may be needed to address unexpected conditions that require changes in the project scope that may exceed the Director’s Authority of 8% ($325,949) of the contract amount of $4,074,366, and
WHEREAS, staff is requesting authorization to increase the Directors authority to issue change orders to 10% ($407,437) of the contract amount of $4,074,366 due to the nature of the project and the unknown challenges.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby authorizes the Director of Utilities to issue change orders for the Highway Village Strengthen and Replace Water Mains Project from 8% ($325,949) to 10% ($407,437) of the construction contract price of $4,074,366 with Rolfe Construction Inc., of Atwater, CA.
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 5th day of April 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION APPROVING AN AGREEMENT WITH TRC ENGINEERS, INC.,

OF LATHROP, CA, FOR CONSTRUCTION MANAGEMENT AND

INSPECTION SERVICES FOR THE HIGHWAY VILLAGE STRENGTHEN &

REPLACE WATER MAINS PROJECT, IN AN AMOUNT NOT TO EXCEED $637,000 FOR THE IDENTIFIED SCOPE OF SERVICES, PLUS $63,700 FOR

ADDITIONAL SERVICES (IF NEEDED) FOR A TOTAL AMOUNT NOT TO EXCEED $700,700 AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE TO EXECUTE THE AGREEMENT
WHEREAS, due to the overall size of the Highway Village Strengthen & Replace Water Mains Project, with respect to neighborhood area and anticipated coordination efforts with property owners, and the amount of time for the completion of this project, staff recommends utilizing consultants to provide Construction Management, Inspections, Materials Testing and Public Outreach services for the anticipated 10-month construction period, and
WHEREAS, due to limited staffing resources and current workload, consultant assistance is necessary for proper project coverage and construction oversight, and WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a), agreements for professional services are exempt from the formal bidding requirements of Modesto Municipal Code 8-3.203, and
WHEREAS, the selection process followed the City’s policy, Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural and Engineering Services for Capital Projects, and WHEREAS, Administrative Directive 3.1 allows for a selection of a consulting firm if in the best interest of the City and if the firm has rendered satisfactory services with the City, and
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WHEREAS, TRC Engineers, Inc., has provided assistance with Construction Management and Inspection Services for various City projects including the Roosevelt Park Storm Drain project, Village One Slurry Seal project and the Tully Road Pavement Rehabilitation project and has rendered quality service with respect to coordination with staff, the public and the contractor, as well as efficient construction management, and WHEREAS, staff recommends approval of an agreement with TRC Engineers, Inc., for the Highway Village Strengthen & Replace Water Mains Project, to increase project delivery efficiencies.

NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves an Agreement with TRC Engineers, Inc., in the amount of $637,000, plus $63,700 in additional services (if needed), for a total amount not to exceed $700,700 for Construction Management and Inspection Services for the Highway Village Strengthen & Replace Water Mains Project.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the agreement in a form approved by the City Attorney. #31..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 5th day of April 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION AMENDING THE FISCAL YEAR 2021-22 CAPITAL
IMPROVEMENT PROGRAM BUDGET IN THE AMOUNT OF $1,787,746 TO

BE TRANSFERRED INTO THE PROJECT FROM THE WATER FUND IN

ORDER TO FULLY FUND THE CONSTRUCTION, CONTINGENCY,

CONSTRUCTION ADMINISTRATION AND DESIGN SUPPORT DURING

CONSTRUCTION FOR THE HIGHWAY VILLAGE STRENGTHEN &

REPLACE WATER MAINS PROJECT AND AUTHORIZING THE CITY

MANAGER OR HIS DESIGNEE TO IMPLEMENT THE PROVISIONS OF THIS

RESOLUTION
WHERAS, on February 1, 2022, bids were publicly opened, pursuant to City Charter Section 1307, one bid was received, and
WHEREAS, due to the size of the project, with respect to project limits and associated construction costs, certain budgetary transactions are necessary in the amount of $1,787,746, in order to fully fund the construction, contingency, construction administration and design support during construction for the Highway Village Strengthen & Replace Water Mains Project, and
WHEREAS, the Fiscal Year 2021-2022 Capital Improvement Program Budget must be amended.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2021-2022 Capital Improvement Program Budget in the amount of $1,787,746 to be transferred into the project from Water Fund Reserves.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #31..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 5th day of April 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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A-1 City of Modesto
2022-14 Highway Village Strengthen & Replace Water Mains Project

CONTRACT
This Agreement, made and entered into in the City of Modesto, County of Stanislaus, State of California, this ______ day of _____________, 2022, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called City, and ROLFE CONSTRUCTION INC., a California corporation, hereinafter called Contractor, R E C I T A L S :

WHEREAS, the City Manager of the City of Modesto, authorized the call for bids, approved the Plans and Specifications prepared under the direction of the Director of Utilities Department for the HIGHWAY VILLAGE STRENGTHEN & REPLACE WATER MAINS project and directed the City Clerk to advertise for sealed bids for doing said work and providing that bids be submitted on the ______ day of ___________ 2022; and WHEREAS, the City Clerk, thereafter duly and regularly caused a notice to be published in the manner and for the time prescribed by law; and WHEREAS, Contractor, pursuant to the provisions of said notice duly filed a bid with the City Clerk, a true copy of which is now on file in the office of the City Clerk of the City of Modesto, and is hereby referred to and by this reference made a part hereof as fully as if set forth at length herein; and
WHEREAS, all bids received pursuant to said notice were opened and examined and publicly declared at the time specified in said advertisement for bids and at a regular meeting of the City Council held on the ____ day of ____________, 2022 by Resolution 2022-____ the Council found and declared the bid of Contractor to be the lowest responsive bid and thereupon awarded a Contract to Contractor to do the Work referred to in the aforementioned Plans and Specifications.

NOW, THEREFORE, the parties hereto mutually agree as follows:
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AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES

FOR HIGHWAY VILLAGE STRENGTHEN AND REPLACE WATER MAINS
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this 5th day of April, 2022, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and TRC ENGINEERS, INC., a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. City has determined that Construction Management and Inspection Services should be performed for the Highway Village Strengthen and Replace Water Mains project for City.

B. Consultant represents that it is qualified, willing and able to provide the requested Construction Management and Inspection Services to City.

NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

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 hereto and referred to as Exhibit “A” or “project”. The Consultant shall perform the services as described in Exhibit “A” in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and #31..
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performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

City hereby gives Consultant notice to proceed with the provision of services described in Exhibit "A" to this Agreement, as of the Effective Date of this agreement.

Consultant shall diligently proceed with the work and agrees to complete said specific scope(s) of services set forth in Exhibit “A”.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed SIX HUNDRED THIRTY SEVEN THOUSAND, AND 00/100 DOLLARS ($637,000) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A” attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

Consultant shall submit monthly invoices to City that include a detailed description of completed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any outof-pocket costs paid by Consultant in connection with work performed on this Project.

Additional services may be authorized by the City Manager in an amount up to, but not to exceed ten percent (10%) of the agreed maximum compensation, or SIXTYTHREE THOUSAND, #31..
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SEVEN HUNDRED AND 00/100 DOLLARS ($63,700). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure.

If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not EXCEED SEVEN HUNDRED THOUSAND, SEVEN HUNDRED AND 00/100 DOLLARS ($700,700). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Justin Wehling, Senior Inspector, will be the person primarily responsible for overseeing the performance of the services referred to #31..
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in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remains the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

7. NEWS AND INFORMATION RELEASE.

8. INTEREST OF CONTRACTOR.

9. AMENDMENTS.

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Consultant has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by #31..
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both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever. #31..
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It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively #31..
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set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: TRC Engineers, Inc.

Address: 1760 Creekside Oaks Dr., Suite 290
Sacramento, CA 95833
Attention: Lincoln Leaman, PE, QSD, Vise President
Phone: (916) 925-0952
E-mail: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Jesse Franco, Engineering Division Manager
Phone: (209) 571-5175
Facsimile: (209) 522-1780
E-mail: [email protected]

14. INSURANCE REQUIREMENTS.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified #31..
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herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's 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. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(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.
(d) Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval #31..
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and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability.

The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, officials, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the 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. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

For any claims related to this project, the CONSULTANT’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, #31..
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employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.

15. TERMINATION OF AGREEMENT.

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 Consultant, dishonesty or theft.

Termination by City for Convenience
The City may also terminate the Consultant'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 Consultant 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 Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and #31..
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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 subconsultants, but in no event shall recovery by any Consultant or subconsultant 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 Consultant 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, Consultant shall provide #31..
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sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

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 Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination #31..
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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.

16. CERTIFIED PAYROLL REQUIREMENT.

For consultants performing field work on public works, traffic, or utilities contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

17. INDEMNITY.

The Consultant shall hold the City, its agents, officers, officials, 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, reckless or willful misconduct of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault. However, notwithstanding the foregoing, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs. Consultant'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 #31..
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restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

18. DISPUTE RESOLUTION.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant. Otherwise, the claim or claims shall be deemed waived in their entirety.
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The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made. Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.
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Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.

19. ENTIRE AGREEMENT.

20. PARTIAL INVALIDITY.

21. WAIVER.

22. AUDIT.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #31..
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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 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 TRC ENGINEERS, INC. has caused this agreement to be duly executed in duplicate as of the Effective Date. #31..
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February 9, 2022
Jesse Franco, P.E.

Engineering Division Manager
City of Modesto
1010 Tenth Street, Suite 4600
Modesto, CA 95353
RE: Highway Village Strengthen and Replace Water Main Project Dear Mr. Franco
Thank you for the opportunity to provide Construction Management Services for the Highway Village Strengthen and Replace Water Main Project. TRC is excited to continue our ongoing relationship with the city of Modesto and continue to deliver high-quality projects. Our proposal provided on Friday January 14th, 2022, was based on the requirements provided in the RFP after our review of project plans and special provisions as well as our experience delivering similar projects for the City. Per your request on Friday, February 4th, please find a condensed copy of TRC's Scope, Fee and Rate schedule.

Project Understanding
Based on our review of the project documents, we understand the importance of replacing the existing undersized steel water main with a new system that will provide a more reliable source of potable water to the residents. TRC understands that this is a high-visibility project that will require significant public outreach to keep the residents informed. As shown in our proposal we will be teaming up with Aim Consulting, a public outreach specialist to ensure the public notification and communication goes as seamlessly as possible. TRC has proposed to provide the requested Construction Management services with 1 half time RE and 1 full time inspector, based on a 40-hour work week. TRC will coordinate with our sub-consultant, Terracon, to ensure the proper testing and frequency of testing are being performed, as we have done on previous projects.

From our past project experience in the City of Modesto, we understand the value of coordinating with the design and surveyor teams during construction. While the elements of this project are straight forward, it is important that the construction management team understands the complexities in order of work, staging and installation methods associated with constructing these new main & services properly. We understand that the project requires an interactive and iterative process that involves strong technical skills, a clear understanding of what the city expectations are, and the ability to convey that intent in a way that is additive to the plans and specifications. We will continue to deliver that level of service, delivering a completed project to the city that accomplishes those goals.

Scope of Services
Task 1. Pre-Construction Meeting (Hosted by City)
Task 2. Pre-Construction Job Site Documentation, Video, Photos and Project Setup Task 3. Project Management (Schedule review, RFI Review and Management, WSWD) Task 4. Review and provide comments of pedestrian re-route (TPAR) during construction for compliance. #31..
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Task 5. Daily Field Inspection and Documentation
Task 6. Scheduling of material testing
Task 7. Progress Payments
Task 8. Progress Meetings
Task 9. Public Relations and Notifications
Task 10. Project Closeout and Record Drawings
Cost Proposal and Fee Schedule
Attached you will find our project cost proposal for the Highway Village Strengthen and Replace Water Main Project, based on the requirements in your RFP, review of the contract documents and our previous experience delivering similar projects to the City. Excluded from this cost is survey staking, review of material submittal, Verification of certified payroll as these services will be provided by the city.

Our TRC team will be led by Project Manager Justin Wehling. Justin has extensive experience performing and managing high-profile projects in the city right-of-way. Justin will provide oversight of the team to ensure they focus on the most important technical and political elements of the project. He will be supported in the field by Ben Orejel as our Construction Manager. Ben also has extensive experience managing and inspecting underground rehabilitation projects.

Ben has high level of experience working with project stakeholders and is considered an expert in managing complex utility reconstruction projects. Construction Inspector Brandyn McCary is an experienced inspection professional knowledgeable and experienced in the complexities of this project and public interface required.

TRC is keenly interested in helping the City of Modesto successfully complete the upcoming project safely, efficiently, and cost effectively. We will bring our well known “personal service” to the City, a proven willingness to exceed project needs and expectations, and effective response to changing project demands – from project start-up through close-out.

Should you have any questions regarding our proposal, please feel free to contact me directly by phone, at (916) 826- 4429, or by email at [email protected]
Best Regards,
TRC Companies
Lincoln Leaman, PE, QSD Justin Wehling Project Manager
Vice President/Regional Manager Project Manager
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Cost of Services Worksheet
Project Schedule
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Calendar days 31 29 31 30 31 30 31 31 30 31 30 31 31 28 Estimated Prof. Svcs NTP: March 1, 2022 Work days 20 21 23 21 21 22 20 23 21 21 20 21 21 19 Estimated Substantial PHASE 1: Pre-Construction 5 56 Completion (Construction):

PHASE 2: Construction 200 120 336 252 264 240 276 252 252 240 252 PHASE 3: Post-Construction 10 100 Estimated Manhours: 2,640 Position Name Rate Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Hours Project Manager (Non-PW Duties) Justin Wehling $ 193.00 0 Construction Mgr/ RE (Non-PW Duties) Ben Orejel $ 199.00 40 40 $ 7,960.00 * Inspector (Day ST) Brandyn McCary $ 206.00 0
Inspector (Non-PW duties only) Brandyn McCary $ 135.00 16 16 $ 2,160.00 $ 10,120.00
$ 10,120.00
Project Manager (Non-PW Duties) Justin Wehling $ 193.00 0 Inspection Mgr (Non-PW) Ben Orejel $ 199.00 40 168 84 88 80 92 84 84 80 84 884 $ 175,916.00 * Inspector (Day ST) Brandyn McCary $ 206.00 80 168 168 176 160 184 168 168 160 168 1,600 $ 329,600.00 * Inspector (Day OT) Brandyn McCary $ 279.00 0
* Inspector (Night ST) Brandyn McCary $ 225.00 0
* Inspector (Night OT) Brandyn McCary $ 307.00 0
Inspector (Non-PW duties only) Brandyn McCary $ 135.00 0 $ 505,516.00
Subconsultant: Materials Testing Terracon $33,140.00 NTE $33,140.00 Subconsultant Public out reach AIM $48,330.09 NTE $48,330.09 Subconsultant Markup 5% $ 4,073.50
$ 85,543.59
$ 591,059.59
Project Manager (Non-PW Duties) Justin Wehling $ 193.00 0 Construction Mgr/ RE (Non-PW Duties) Ben Orejel $ 199.00 60 60 $ 11,940.00 * Inspector (Day ST) Brandyn McCary $ 206.00 0
Inspector (Non-PW duties only) Brandyn McCary $ 135.00 40 40 $ 5,400.00 0 $ 17,340.00
$ 17,340.00
Vehicles (hourly) $1200/mo pro-rated $ 7.00 176 336 252 264 240 276 252 252 240 252 100 2,640 $ 18,480.00 Personal vehicles (mileage) IRS Rate (per mile) $ 0.545 0 $ - Per diem (if applicable) DIR Rate (per day) $ 120.00 0 $ - Construction Office monthly $ 1,500.00 0 $ -
$ 18,480.00
$ 18,480.00
$ 636,999.59
Notes and Assumptions:
* Denotes employees/classifications that are subject to prevailing wage.

Full set of Inspector Bill Rates: Name Shift
Construction Manager (Group 2) Justin Wehling NPW
Ben Orejel NPW
Inspector (Group 1) Day
Night $ 225.00 $ 307.00 $ 389.13 Brandyn McCary
$ 199.00 N/A N/A N/A
$ 135.00 $ 206.00 $ 279.00 $ 352.69
$ 135.00

NPW ST OT DT
$ 193.00 N/A N/A N/A
ODC's
SUBTOTAL ODC's:

TOTAL OF CONTRACT
• Fees are based on 200 day construction duration with professional services NTP anticipated in March 2022. RPR position not requested. • Should the actual schedule require more or less professional services than proposed adjustments to this estimate may be required. • Client will be billed only for hours worked. Night work and Overtime will be billed at a pro-rata adjusted rate. 3% annual escalation effective every January 1st. • Unless otherwise noted, above rates are straight-time rates. Overtime, rain, holidays and potential time extensions or delays may result in additional professional services. • Wages for inspection subject to Calif. Labor Code Section 1772. Rates are based on DIR Prevailing Wage Determination NC-63-3-9-2021-1 - 9/1/21. TRC will pay and bill accordingly.

SUBTOTAL PHASE 3: Post-Construction:

PHASE 1: Pre-Construction
SUBTOTAL: LABOR
SUBTOTAL PHASE 1: Pre-Construction:

PHASE 2: Construction
SUBTOTAL: LABOR
SUBTOTAL: SUBCONSULTANTS
SUBTOTAL PHASE 2: Construction:

PHASE 3: Post-Construction
SUBTOTAL: LABOR
City of Modesto | Construction Management Services for Highway Village Strengthen & Replace Water Mains Project 2022 2023
Totals
TRC Engineers, Inc. City of Modesto | Construction Management, Inspection Services Materials Testing for Area 2 Drainage Project | Page 1 of 1 #31..

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Modesto City CouncilApril 5, 2022

Modesto City Council
April 5, 2022