Agenda packet, first session — Modesto City Council, August 23, 2022 (part 2 of 2)

language allowing the City Manager, upon the recommendation of the Director responsible for utility system planning, to approve standard agreements of service for extension of sewer services into certain unincorporated areas without Council approval. However, the subject parcel is not located within one of those designated areas and therefore requires Council approval prior to allowing the sewer connection.

Sewer service may be granted to properties outside the City limits, as described in City Council Policy 5.002, if it is determined that it is reasonable for the City to extend sewer service to the property.

Staff conducted an analysis and determined that it is reasonable to extend service to this property. The property owner will enter into agreement with the City as required for sewer service outside the City limits.

FISCAL IMPACT:

Applicant has paid the following fees:

1. Will Serve Letter for sewer - $494.16

2. Outside Service Agreement – Sewer - $215.43
The above fees were deposited into the General Fund for staff time spent to process both the Will Serve Letter and Outside Service Agreement. There are no other direct impacts to the General Fund.

Sewer connection fees will be determined and collected at the time that the County building permit is issued, or a separate sewer permit is issued for the construction of the sewer line to the property.

COMMITTEE RECOMMENDATION:

This item was not presented at Committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Will Serve Letter and Outside Service Agreement to connect to the City of Modesto’s existing sewer system for the property located at 1420 Elsie Street (APN:
037-030-059), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.

Approved by:

Jaylen French, Director of Community & Economic
Development
Joseph P. Lopez, City Manager
Attachments:
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City Council, August 23, 2022
Will Serve Letter and Outside Service Agreement to connect to the City of Modesto’s existing sewer system for the property located at 1420 Elsie Street in Modesto

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1. Resolution

2. Will Serve Letter

3. Outside Service Agreement

4. Sewer Map
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING A WILL SERVE LETTER AND OUTSIDE SERVICE AGREEMENT TO CONNECT TO THE CITY OF MODESTO’S EXISTING SEWER SYSTEM FOR THE PROPERTY LOCATED AT 1420 ELSIE STREET (APN: 037-030- 059), AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO SIGN THE

WILL SERVE LETTER AND EXECUTE THE OUTSIDE SERVICE AGREEMENT WHEREAS, Jose Orozco Sandoval, an unmarried man, owns a residential property located at 1420 Elsie Street which is located outside of Modesto City Limits and inside the City’s Sphere of Influence; and
WHEREAS, the property located at 1420 Elsie Street, is not connected to City’s sewer system and is requesting a sewer connection for a new facility; and WHEREAS, on November 25, 2014, City Council approved Resolution No. 2014-473 amending City Council Policy 5.002; and
WHEREAS, on December 9, 2014, City Council approved adoption of Ordinance No.3612-C.S. amending City of Modesto Municipal Code Section 11-1.05; and WHEREAS both of these amendments included language allowing the City Manager, upon the recommendation of the Director responsible for utility system planning to approve standard agreements of service for extension of sewer services into certain unincorporated areas without City Council approval; and WHEREAS, the property located at 1420 Elsie Street, is not located within one of those designated areas and therefore requires City Council approval prior to allowing the sewer connection; and
WHEREAS, City staff has completed an analysis and determined that it is reasonable for the City of Modesto to provide sewer service to this property; and #14..
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WHEREAS, consistent with adopted LAFCO Policy 15, the extension of sewer service is proposed to remedy a health and safety concern in an area with an existing sewer system; and
WHEREAS, the sewer connection fees shall be paid and associated permits will be obtained prior to connecting to the City sewer system; and WHEREAS, the property owner has executed an Outside Service Agreement for sewer service with the City as required to receive sewer service outside the City limits.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Will Serve Letter and Outside Service Agreement for sewer service for the property located at 1420 Elsie Street (APN: 037-030-059) in Modesto.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to approve the Will Serve Letter and execute the Outside Service Agreement for sewer service.
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The foregoing documents were introduced at a regular meeting of the Council of the City of Modesto held on the 23rd day of August, 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: ___________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

By: _____________________________________
JOSE M. SANCHEZ , City Attorney
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City of Modesto
Community and Economic Development Department
Land Development Engineering Division
Transportation, Engineering and Design Division
1010 Tenth Street, Third Floor, Suite 3100
Modesto, CA 95354
P.O. Box 642, Modesto, CA 95353 www.modestogov.com Phone: (209) 342.4712 • Fax: (209) 577.5461 July 7, 2022
Mr. Jose Sandoval Orozco
1217 Chicago Avenue
Modesto, Ca 95351
Subject: Sewer Will Serve Letter for a property located at 1420 Elsie Street (APN: 037- 030-059)
Dear Mr. Orozco:

As requested in your application dated June 16, 2022 the existing Single-Family House, located at 1420 Elsie Street (APN: 037-030-059), will be allowed to make a single sewer service connection to the City’s sewer system to accommodate normal usage as described below.

Sewer Service:

Pursuant to Modesto City Council Resolution No. 91-434 that establishes various conditions for the extension of sewer services into unincorporated areas, it has been determined that a connection to the City’s sewer system will be allowed to accommodate normal usage by the proposed development.

In general, Resolution No. 91-434 provides that sewer service extensions may be approved by the City Manager, on a case-by-case basis, to properties located outside the Modesto Municipal Sewer District No. 1, but within the Ultimate Sewer Service Area, when all of the following conditions are met:

1. The sewer system in which the service connection will be made has sufficient capacity to receive the amount and type of discharge expected from the proposed facility.

2. An appropriately sized sewer line or manhole exists relatively close to the subject property to serve as the connection point.

3. That all applicable water and sewer connection fees are paid and associated permits be obtained prior to beginning any on-site construction. The property owner agrees to pay all associated monthly water and sewer service charges. #14..
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P.O. Box 642, Modesto, CA 95353 www.modestogov.com Phone: (209) 342.4712 • Fax: (209) 577.5461

4. The property owner must execute an outside service agreement with the City of Modesto.

In addition to the above requirements, the following items are specific conditions on the proposed project:

5. That the project’s proposed sewer demands will not change significantly from the above reference letter.

6. The property owner shall connect to the existing 24- inch sewer main in Sutter Avenue by dropping a sewer service connection into the sewer manhole located in front of the property. Design of the connecting sewer main shall be per City Standards and by a registered engineer authorized to perform such work. The proposed design shall be approved by the City and all costs associated with its design, installation, and permits shall be borne by the property owner.

7. That the property owner enters into a standard sewer service agreement with the City, as required for sewer service outside the City limits. For Starting the agreement process, you can contact Deborah Vilmur at (209) 342- 4712 for more information.

On May 22, 2012, the City Council approved Resolution No. 2012-203 that amended City Council Policy 5.002 relating to sewer connection into unincorporated areas. On June 5, 2012, the City Council approved final adoption of Ordinance No. 3567-C.S. amending City of Modesto Municipal Code Section 11-1.05. Both of these amendments included language which required that the City Manager, upon the recommendation of the Director responsible for utility system planning, request City Council approval for all extensions of sewer services into unincorporated areas.

Construction of the sewer service connection identified to serve the above referenced property shall be completed prior to twelve (12) months from the City Council date of this letter, and if after such time the service connections have not been made, the City’s approval of said connections will be revoked.

If you have any questions, please contact Eva Dankha-Kelly at (209) 571-5120.

Recommended By: _______________________________
Eva Dankha-Kelly, Associate Engineer
Sincerely,
City Manager
cc: William Wong, Director of Utilities
Jim Alves- Utilities
Kerrie Freeman- Stanislaus County- PW
Robert Englent- Wastewater- Utilities
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 23, 2022
Date: August 11, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Amended and Restated Memorandum of Agreement with Stanislaus County for the Design of the 7th Street Bridge Replacement Project CONTACT: Toby Wells, City Engineer, [email protected], (209) 571-5542 DESCRIPTION:

Consider approving the Amended and Restated Memorandum of Agreement with Stanislaus County for the Preliminary Engineering including Final Design Phase of the 7th Street Bridge Project and amending the Fiscal Year 2022-2023 Capital Improvement Program budget. (Funding Source: Streets Capital Facility Fees and Water Fund) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The Stanislaus County Department of Public Works (County), in cooperation with the City of Modesto (City), the California Department of Transportation (Caltrans), and the Federal Highway Administration (FHWA) have undertaken a project to replace the historic 7th Street Bridge over the Tuolumne River in order to correct structural and hydraulic deficiencies, increase the capacity of the 7th Street corridor, and improve safety for vehicles, bicycles, and pedestrians.

The historic 7th Street Bridge over the Tuolumne River was built in 1916 by Stanislaus County and consists of a series of “canticrete” type trusses supported on reinforced concrete piers and abutments all founded on concrete or timber piling. The entire bridge span is approximately 1,170 feet in length and the Average Daily Traffic (ADT) volume is approximately 15,700 vehicles per day.

The bridge is the lowest rated bridge within the eight counties in Caltrans District 10 and has a Sufficiency Rating of 2, on a scale of 1 to 100. Although the bridge is currently considered structurally sound, there is significant spalling, advanced signs of alkali silica reaction, exposed #15..
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Amended and Restated Memorandum of Agreement between the City of Modesto and Stanislaus County for the Design of the 7th Street Bridge Replacement Project

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and deteriorating steel reinforcing and considerable deflection at the cantilevered sections. The bridge is listed as Structurally Deficient and has been weight restricted to four tons gross load since 1979 and restricted from legal truck load weights since 1937.

The Project is partially funded with Federal Highway Bridge Program (HBP) funds and will include replacement of the existing bridge, safety improvements for motorists, pedestrians, and bicyclists, curb ramps, raised center median/refuge, street lighting, and incidental roadway resurfacing. The Project will also include modifications at the intersections of 7th and B Streets at Tuolumne Boulevard and Crows Landing Road at 7th Street.

A Memorandum of Agreement (MOA) for Preliminary Engineering was approved by the City Council on April 5, 2011, by Resolution No. 2011-113, and by the County on March 15, 2011, by Resolution 2011-167. An Amended and Restated MOA to add Final Design was approved by the City Council on May 7, 2019, by Resolution No. 2019-206, and by the County on May 21, 2019, by Resolution No. 2019-305. The MOA split the local match portion of the Project (11.47%) equally between the County and the City. At the time of the May 2019 MOA, the actual design cost was not finalized, and the MOA was based on an estimate. Since the 2019 MOA, some costs which are subject to the MOA have been updated and therefore an amendment to the MOA is required. The changes are presented in Attachment A.

DISCUSSION:

The purpose of this request is to provide funding support for Final Design activities necessary to generate construction Plans, Specifications, and Estimates (PS&E) so that construction can commence thereafter.

As discussed above the City/County inter-agency agreements have followed the path as shown in Attachment A.

Attachment A shows accounting for design-related costs, the local participating cost requirement match, and the split apportionments associated to each agency. These costs also include a 15% estimate for agency supporting costs that include employee time and materials.

The result of the amended MOA is the City will provide an additional $359,278 towards the total project funding. This represents the City’s revised share of the effort necessary to complete the Final Design for the Project. This MOA request also includes funding support for a waterline design requested by the City Utilities Department to be included within the bridge structure. The amount to provide the necessary design for the City’s waterline is estimated at $97,985. County has agreed to pay $18,450 for invoice cost tracking. All other estimated design costs of this request are intended to be shared equally between the City and County. Staff recommends approving the amended MOA to provide an additional $359,278 towards the total project funding.

The Project’s total design cost is now estimated at $9.6M. The Attachment shows that funding from the HBP will support approximately $9.4M of the total $9.6M Project design. City/County matching share is approximately $1.1M of the $9.4M costs with HBP reimbursing approximately $8.3M or 88.53% of participating cost. The differing City/County supporting costs are attributed to separate activities specifically associated with City/County work. #15..
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Amended and Restated Memorandum of Agreement between the City of Modesto and Stanislaus County for the Design of the 7th Street Bridge Replacement Project

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FISCAL IMPACT:

The MOA on May 21, 2019 authorized the City’s share in an amount up to $344,500. This amendment will increase the City’s share by $359,278 for a total amount of $703,778. A portion of the funding in the amount of $97,985 will come from the City’s Water Funds and the remaining $605,793 will come from the Streets Capital Facility Fee (CFF) fund.

A budget resolution is included to amend project 100586 – 7th St. Bridge Tuolumne for the increase in the City’s share. Project 100933 – 7th Street Bridge Water Main will fund the Water line and is currently budgeted in the Fiscal Year 2022-2023 Capital Improvement Program budget.

COMMITTEE RECOMMENDATION:

This item was considered by the Economic Development Committee on August 10, 2022, and recommended forwarding to Council for approval.

CEQA/NEPA REQUIREMENTS:

An Environmental Assessment (EA) and Section 4(f) Evaluation with Finding of No Significant Impact (FONSI) was approved by Caltrans in August 2019, in compliance with the requirements of the National Environmental Policy Act (NEPA). An Environmental Impact Report (EIR) was certified by the County in May 2017, and approved by Caltrans in August of 2019, in compliance with the California Environmental Quality Act (CEQA). Contingent on funding availability, construction of this Project could begin as early as spring of 2024.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Amended and Restated Memorandum of Agreement for the Preliminary Engineering including Final Design Phase of the 7th Street Bridge Project with Stanislaus County increasing the City’s share by $359,278, for a new total amount of $703,778, and authorizing the City Manager, or his designee to execute the Agreement.

Resolution amending the Fiscal Year 2022-2023 Capital Improvement Program (CIP) Budget, Project #100586 in the amount of $261,293 to fund the Amended and Restated Memorandum of Agreement and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this resolution.

Approved by:

Jaylen French, Director of Community Economic and
Development
Joseph P. Lopez, City Manager
Attachments:

1. Resolutions (2)

2. Amended and Restated Memorandum of Agreement

3. Original Memorandum of Agreement – 4/5/2011
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Amended and Restated Memorandum of Agreement between the City of Modesto and Stanislaus County for the Design of the 7th Street Bridge Replacement Project

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4. Amended and Restated Memorandum of Agreement – 5/21/2019

5. Attachment A – Funding Table
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08/23/2022/C&ED/T. Wells 1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022

RESOLUTION APPROVING THE AMENDED AND RESTATED MEMORANDUM OF

AGREEMENT FOR THE PRELIMINARY ENGINEERING INCLUDING FINAL DESIGN PHASE OF THE 7TH STREET BRIDGE PROJECT WITH STANISLAUS COUNTY INCREASING THE CITY’S SHARE BY $359,278, FOR A NEW TOTAL AMOUNT OF $703,778, AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE TO EXECUTE THE AGREEMENT
WHEREAS, the Stanislaus County Department of Public Works (County), in cooperation with the City of Modesto (City), the California Department of Transportation (Caltrans), and the Federal Highway Administration (FHWA) have undertaken a project to replace the historic 7th Street Bridge over the Tuolumne River in order to correct structural and hydraulic deficiencies, increase the capacity of the 7th Street corridor, and improve safety for vehicles, bicycles, and pedestrians; and
WHEREAS, the historic 7th Street Bridge over the Tuolumne River was built in 1916 by Stanislaus County and consists of a series of “canticrete” type trusses supported on reinforced concrete piers and abutments all founded on concrete or timber piling; and WHEREAS, the entire bridge span is approximately 1,170 feet in length and the Average Daily Traffic (ADT) volume is approximately 15,700 vehicles per day; and WHEREAS, the bridge is the lowest rated bridge within the eight counties in Caltrans District 10 and has a Sufficiency Rating of 2, on a scale of 1 to 100; and WHEREAS, although the bridge is currently considered structurally sound, there is significant spalling, advanced signs of alkali silica reaction, exposed and deteriorating steel reinforcing and considerable deflection at the cantilevered sections; and WHEREAS, the bridge is listed as Structurally Deficient and has been weight restricted to four tons gross load since 1979 and restricted from legal truck load weights since 1937; and #15..
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WHEREAS, the Project is partially funded with Federal Highway Bridge Program (HBP) funds and will include replacement of the existing bridge, safety improvements for motorists, pedestrians, and bicyclists, curb ramps, raised center median/refuge, street lighting, and incidental roadway resurfacing; and
WHEREAS, the Project will also include modifications at the intersections of 7th and B Streets at Tuolumne Boulevard and Crows Landing Road at 7th Street; and WHEREAS, County and the City entered into a Memorandum of Agreement (MOA) for Preliminary Engineering, which was approved by the governing bodies on March 15 and April 5, 2011, respectively; and
WHEREAS, an Amended and Restated MOA, to add Final Design, was approved by the County and City on May 7 and 21, 2019, respectively; and WHEREAS, the MOA split the local match portion of the Project (11.47%) equally between the County and the City; and
WHEREAS, at the time of the May 2019 MOA, the actual design cost was not finalized, and the MOA was based on an estimate; and
WHEREAS, since the 2019 MOA, some costs which are subject to the MOA have been updated and therefore an amendment to the MOA is required; and WHEREAS, the purpose of this request is to provide funding support for Final Design activities necessary to generate construction Plans, Specifications, and Estimates (PS&E) so that construction can commence thereafter; and
WHEREAS, the result of the amended MOA is that the City to provide an additional $359,278 towards the total project funding and represents the City’s revised share of the effort necessary to complete the Final Design for the Project; and #15..
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WHEREAS, this MOA request also includes funding support for a waterline design requested by the City Utilities Department to be included within the bridge structure; and WHEREAS, the amount to provide the necessary design for the City’s waterline is estimated at $97,985; and
WHEREAS, the County has agreed to pay $18,450 for invoice cost tracking; and WHEREAS, all other estimated design costs of this request are intended to be shared equally between the City and County; and
WHEREAS, Staff recommends approving the amended MOA to provide an additional $359,278 towards the total project funding.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Amended and Restated Memorandum of Agreement for the Preliminary Engineering including Final Design Phase of the 7th Street Bridge Project with Stanislaus County increasing the City’s share by $359,278, for a new total amount of $703,778.

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. #15..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 23rd day of August, 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:

DIANE NAYARES-PEREZ, 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 2022-2023 CAPITAL
IMPROVEMENT PROGRAM (CIP) BUDGET, PROJECT #100586 IN THE AMOUNT OF $261,293 TO FUND THE AMENDED AND RESTATED MEMORANDUM OF

AGREEMENT AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO

TAKE THE NECESSARY STEPS TO IMPLEMENT THE PROVISIONS OF THIS

RESOLUTION
WHEREAS, the Stanislaus County Department of Public Works (County), in cooperation with the City of Modesto (City), the California Department of Transportation (Caltrans), and the Federal Highway Administration (FHWA) have undertaken a project to replace the historic 7th Street Bridge over the Tuolumne River in order to correct structural and hydraulic deficiencies, increase the capacity of the 7th Street corridor, and improve safety for vehicles, bicycles, and pedestrians; and
WHEREAS, the Project is partially funded with Federal Highway Bridge Program (HBP) funds and will include replacement of the existing bridge, safety improvements for motorists, pedestrians, and bicyclists, curb ramps, raised center median/refuge, street lighting, and incidental roadway resurfacing; and
WHEREAS, the Project will also include modifications at the intersections of 7th and B Streets at Tuolumne Boulevard and Crows Landing Road at 7th Street; and WHEREAS, County and the City entered into a Memorandum of Agreement (MOA) for Preliminary Engineering, which was approved by the governing bodies on March 15 and April 5, 2011, respectively; and
WHEREAS, an Amended and Restated MOA, to add Final Design, was approved by the County and City on May 7 and 21, 2019, respectively; and WHEREAS, the MOA split the local match portion of the Project (11.47%) equally #15..
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08/23/2022/CEDD/T.Wells 2 2022-
between the County and the City; and
WHEREAS, additional funding in the amount of $359,278 is needed for the City’s share necessary to complete the final design for the project; and WHEREAS, $97,985 of the additional funding will come from the Water Fund and is currently budget in project #100933 and the remaining $261,293 from the Streets Capital Facility Fee Fund; and
WHEREAS, the City Council shall consider amending the Capital Improvement Program (CIP) budget Project #100586 in the amount of $261,293 to fund the amended and restated memorandum of agreement.

NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Modesto that it hereby amends the Fiscal Year 2022-2023 Capital Improvement Program (CIP) Budget Project #100586 in the amount of $261,293 to fund the amended and restated memorandum of agreement.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #15..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 23rd day of August, 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:

DIANE NAYARES-PEREZ, City Clerk
APPROVED AS TO FORM:

BY:

JOSE M. SANCHEZ, City Attorney
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The total Local Match for the Final Design of the work is estimated at $322,000 based on an estimated Final Design cost of $2,807,000. Pursuant to Section 1.2 above, the City and County’s respective Local Match Cost Share for Final Design shall be up to, and not exceed, $161,000 each.

The total Local Match for the Updated Final Design of the work is estimated at $158,151 based on an Updated Final Design cost increase of $1,378,819.

Pursuant to Section 1.2 above, the City and County’s respective Local Match Cost Share for Updated Final Design shall be up to, and not exceed, $79,075 each.

The total Local Match for the Final Design Amendment 1 of the work is estimated at $64,121 based on an Amendment 1 Final Design cost of $416,624. Pursuant to Section 1.2 and 3.5 above, the County’s respective Local Match Cost Share for Final Design Amendment 2 shall be up to, and not exceed, $41,285 and the City’s Local Match Cost Share for Final Design Amendment 2 shall be up to, and not exceed, $22,835.

The total Local Match for the Final Design Amendment 2 of the work is estimated at $373,163 based on an Amendment 2 Final Design cost of $1,471,957. Pursuant to Section 1.2 and 3.6 above, the County’s respective Local Match Cost Share for Final Design Amendment 2 shall be up to, and not exceed, $137,589 and the City’s Local Match Cost Share for Final Design Amendment 2 shall be up to, and not exceed, $235,574.

The City shall reimburse the County for City’s share of the Local Match as shown in Exhibit A up to the maximum amount of $183,500 (for Preliminary Engineering) plus $21,793 (Updated Preliminary Engineering) plus $161,000 (for Final Design) plus $79,075 (for Updated Final Design) plus $22,835 (for Final Design Amendment 1) plus $235,574 (for Final Design Amendment 2) for a total of $703,778. If for any reason, the City’s share of the Local Match is expected to exceed $703,778, an amendment to this MOA would be required prior to any payment beyond the $703,778.

3.8 Subject to any other limitations or exceptions as otherwise set forth in this MOA, upon County’s tender of payment pursuant to section 1.7 of this MOA, County shall invoice City for an amount equal to one-half or fifty percent (50%) of the Local Match during the course of the Project.

3.9 County may submit all invoices and supporting documentation to City on or before 5:00 p.m. on the tenth (10th) calendar day of the month in which County requests reimbursement payments. City shall issue a reimbursement payment to County on or before the last calendar day of the same month for all timely invoices submitted by County.

3.10 County’s total spending authority for a Project contract is approved by the Stanislaus County Board of Supervisors and includes the cost of the contracted services plus a contingency amount designated for any additions or changes to the contract if needed. County will provide written notice to City when the sum of all the task orders or contract change orders executed for a #15..
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Environmental Phase Expenditures Not Shown
Preliminary Engineering Match Non Part Split Previously Funded CITY COUNTY
Original Estimate $3,200,000 $367,000 Yes $183,500
Update 1 $380,000 $43,586
Total PE $3,580,000 $410,586 50/50 $205,293 $205,293
Final Design Engineering
Original Estimate $2,807,152 $322,000 Yes $161,000
Update 1 $1,378,819 $158,151
$4,185,971 $480,151 50/50 $240,075 $240,075
Amendment 1
Amendment 1 $398,174 $45,671 50/50 $22,835 $22,835
CMAQ Invoice Cost Tracking $18,450 $18,450 County $18,450 Amendment 1 Total $416,624 $45,671 $18,450 $22,835 $41,285 Amendment 2
Estimate #1 $1,241,154 $142,360 50/50 $71,180 $71,180
COM WaterLine $97,985 $97,985 COM $97,985
COM B St Intersection $59,070 $59,070 50/50 $29,535 $29,535 COM Park Maintenance Access $41,748 $41,748 50/50 $20,874 $20,874 Beard Loading Dock Removal $32,000 $32,000 50/50 $16,000 $16,000 Amendment 2 Total $1,471,957 $142,360 $230,803 $344,500 $235,574 $137,589 $389,767
Total Final Design Services $6,074,552 $188,031 $249,253 $498,485 $418,950 Total PE and Final Design Services $9,654,552 $1,078,767 $703,778 $624,243 City Previously Obligated Funds $344,500
Additional Amount requested per MOA Amendment $359,278
Attachment A
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 23, 2022
Date: August 1, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
Bill Sandhu, Public Works Director
SUBJECT: Fleet Additions and Replacement Vehicles- Forklifts, One-ton Trucks and One-ton Stake Side Trucks and Updated Pricing for Two Bid Events CONTACT: Cynthia Kline, Purchasing Manager, [email protected], (209) 577-5412 DESCRIPTION:

Consider approving the competitive bidding process for various Fleet Additions and Replacement Vehicles which includes four (4) Forklifts, six (6) One-ton Trucks, and seven (7) One-ton Stake Side Trucks in the amount not to exceed $1,295,331 and approving updated pricing for two bid events for Fleet Replacement Vehicles by $55,806. (Funding Source: Fleet Replacement Fund and Modesto Police Grant)
STRATEGIC PLAN ELEMENT:

These items support the City of Modesto 2020-2025 Strategic Plan Focus of Governance and Service Delivery under goal H: Achieve Financial Stability.

BACKGROUND:

Every year, City vehicles and equipment are individually evaluated based on their age, condition, mileage and maintenance costs. Following this process, a Fleet Replacement List is submitted to Council and is approved as part of a new fiscal year’s Fleet Replacement Budget.

Throughout the fiscal year, new vehicles need to be added to the City’s Fleet inventory due to the operational needs of City departments. When these vehicles are added to the fleet, they are also added to the Fleet Replacement list to prepare for future replacement.

Once a unit is replaced and placed into City service, funds for its replacement are charged out as monthly recurring charges until the end of the unit’s service life. These funds are specifically designated for the replacement of City vehicles and equipment. #16..
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Fleet Additions and Replacements:

RFB Vehicle
#
Description Dept. Year of
Vehicle
Meter Repair
Cost
50380 Forklift UTL – Water 2003 4,770 $6,036
50381 Forklift UTL - Wastewater 2003 2,576 $11,321
50597 Forklift PRN - Operations 2005 7,000 $4,212
CA State
Contract
1-19-39-
01B New
Addition
Forklift MPD-Traffic
Safety

N/A N/A N/A
This heavy-duty equipment is utilized to receive and store parts for operational staff.

RFB Vehicle # Description Dept. Year of
Vehicle
Meter Repair
Cost
40710 One-Ton Truck UTL - Water 2007 126,144 $22,910
40873 One-Ton Truck UTL – Water 2008 156,404 $53,844
41175 One-Ton Truck UTL – Water 2011 172,262 $29,224
40828 One-Ton Truck UTL – Water 2008 96,562 $57,186
40207 One-Ton Truck PRN-Ops 2002 97,254 $32,019
RFB
2122-50
40484 One-Ton Truck UTL-Stormwater 2004 88,959 $25,996
These vehicles are used by various Divisions to carry out their normal service to the community hauling parts and supplies to make repairs to infrastructure around the City of Modesto.

RFB Vehicle
#
Description Dept. Year of
Vehicle
Meter Repair
Cost
40208 One-Ton Stake
Side Dump Truck
PRN-Ops 2002 125,321 $60,747
40210 One-Ton Stake
Side Dump Truck
PRN-Ops 2002 126,924 $36,020
40214 One-Ton Stake
Side Dump Truck
PRN-Ops 2002 122,994 $34,986
40215 One-Ton Stake
Side Dump Truck
PRN-Ops 2002 122,845 $28,280
40216 One-Ton Stake
Side Dump Truck
PRN-Ops 2002 96,449 $26,352
40219 One-Ton Stake
Side Dump Truck
PRN-Ops 2002 81,762 $22,439
RFB 1819-
49RB2
40220 One-Ton Stake
Side Dump Truck
PRN-Ops 2002 121,952 $40,048
These vehicles are all used by the Parks Division in their normal duties maintaining the various parks around the City of Modesto.

Updating pricing for two bid events:

RFB 1920-50 Two (2) Packer Trucks
On August 8, 2020 the Purchasing Division issued Request for Bids (RFB) 1920-50 for two (2) Packer Trucks. Four (4) companies chose to download the RFB document. On September 29, 2020 bids were formally opened by the City Clerk and broadcast via Microsoft Teams Livestream. Two (2) vendors chose to respond, there were no local bids received. Based on #16..
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City Council, August 23, 2022
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providing the overall lowest responsive and responsible bid, City staff recommended on February 23, 2021 under Resolution 2021-057 to award the bid to Western Truck Center, Stockton, CA for a total cost not to exceed $501,078.

RFB 2021-49 Chlorine Truck
On March 10, 2021, the Purchasing Division issued RFB 2021-49 for a Chlorine Truck.

Twelve (12) companies downloaded the RFB document. On April 13, 2021, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. One (1) vendor chose to respond, there was no local bid received. Based on providing the only responsive and responsible bid, City staff recommended on July 6, 2021 under Resolution 2021-263 to award the chlorine truck to Interstate Truck Center, Stockton, CA, for a total cost not to exceed $192,601.

DISCUSSION:

Fleet Additions and Replacements:

CA State Contract – 1-19-39-01B – Four (4) Forklifts
On April 12, 2019 the State of California issued Invitation for Bid #12432 on the State Department of General Services (DGS) website for a Statewide contract for Forklifts and Pallet Trucks/Jacks for a two (2) year agreement with three (3) one-year extension options. Five (5) commodity groups1 were identified and solicited commonly used by the state. On April 26, 2019 bids were formally opened. Five (5) bids were received and based on the lowest responsive and responsible bidder an agreement for forklifts was awarded to three (3) bidders; Cromer Material Handling, RKU Distributing Inc. and Southern CA Material Handling. City staff is recommending to award to Cromer Material Handling, Pasadena, CA, for the four (4) Forklifts in the amount not to exceed $155,539.

The use of state contracts are cooperative agreements to streamline the procurement process by developing Request For Bids or Request For Proposals for national competitive solicitations that meet or exceed local requirements. The competitive process is continually refined to best meet agency needs and allows these state contracts to offer exceptional products from nationally acclaimed vendors.

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 MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a 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 or other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served.

By utilizing the DGS State contract, the City is complying with the requirements defined under this code.
1 Forklifts (Electric), Forklifts (LPG), Forklift Electric (Narrow Aisle Reach), Forklift Electric with Roll Clamp and Pallet Truck (Electric Walkie) Pallet Jack Manual
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RFB 2122-50 – Six (6) One-Ton Trucks
On June 10, 2022, the Purchasing Division issued Request for Bids (RFB) 2122-50 for six (6) One-ton trucks on the City’s website under commodity codes2. Prospective bidders were notified online and via email of the bid opportunity. Fourteen (14) companies downloaded the RFB document. On July 19, 2022, bids were formally opened in the City Clerk’s office and broadcast virtual via Microsoft Teams Livestream. One vendor chose to respond, there was no local bids received. Based on providing the one bid being a responsive and responsible bid, City staff recommends awarding the bid for six (6) One-ton trucks to Towne Ford, Redwood City, CA for a total amount not to exceed $536,924.

Modesto Municipal Section 8-3.203 requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid. Based on providing the lowest responsive and responsible bid which conforms to the Modesto Municipal Code, 8-3.203 City staff recommends the award of bid for six (6) One-ton trucks to Towne Ford, Redwood City, CA.

RFB 1819-49RB – Seven (7) One-Ton Stake Side Dump Trucks On May 21, 2019, the City issued RFB 1819-49 for the purchase of nine (9) Stake Side Dump trucks which was awarded to American Chevrolet, Modesto CA under Resolution 2019-413 but unfortunately the vendor could only deliver two of the vehicles defined in the specification of the bid. On March 8, 2022 under Resolution 2022-125, Council approved rejecting the bid for the remaining seven (7) Stake Side Dump trucks.

On June 10, 2022, the Purchasing Division issued RFB 1819-49RB2 for seven (7) One-ton Stake Side Dump trucks on the City’s website under commodity codes3. Prospective bidders were notified online and via email of the bid opportunity. Eighteen (18) companies downloaded the RFB document. On July 19, 2022, bids were formally opened in the City Clerk’s office and broadcast virtual via Microsoft Teams Livestream. Two vendors chose to respond, there was no local bids received. City staff recommends awarding to the lowest responsible and responsive bid for seven (7) One-ton Stake Side trucks to Towne Ford, Redwood City, CA for a total amount not to exceed $602,868.

Modesto Municipal Section 8-3.203 requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid. Based on providing the lowest responsive and responsible bid which conforms to the Modesto Municipal Code, 8-3.203 City staff recommends the award of bid for seven (7) One-ton Stake Side trucks to Towne Ford, Redwood City, CA.

Updating pricing for two bid events:

On February 26, 2021, the Purchasing Division issued Purchase Order 197618 to Western Truck Center, Stockton, CA for the purchase of two (2) Packer Trucks in the amount of $501,078. In early 2022, the vendor informed Purchasing the order could not be placed due to manufacturing delays related to the current COVID-19 pandemic. When ordering was able to be completed it was discovered that they could no longer hold the bid price because of continued global price increases from manufacturers, steel surcharges, semiconductor chip 2 06590 – Van Truck Bodies, 07047 – Trucks, Cab and Chassis, 07048 – Trucks (One-ton and less capacity), and 07051 – Trucks (Over one-ton capacity)
3 06590 – Van Truck Bodies, 07047 – Trucks, Cab and Chassis, 07048 – Trucks (One-ton and less capacity), and 07051 – Trucks (Over one-ton capacity)
#16..
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City Council, August 23, 2022
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shortages. Based on this issue, the vendor is requesting to increase the original bid amount by $13,282 for both Packer Trucks. The vendor has expressed increases are continuing on a weekly basis, but have agreed that if the listed increase is approved that there will be no other request for increases regardless of continued manufacturing increases. Even with this increase, Western Truck Center continues to be the lowest responsible and responsive bid. City staff recommends increasing the Purchase Order amount for the two (2) Packer trucks in the amount of $13,282 to a revised Purchase Order amount not to exceed $514,360.

On April 28, 2022, the Purchasing Division issued Purchase Order 201110 to Interstate Truck Center, Stockton, CA in the amount of $192,601. In early 2022, the vendor informed Purchasing the order could not be placed due to manufacture delays related to the current COVID-19 pandemic. When ordering was able to be completed it was discovered that they could no longer hold the bid price because of continued global price increases from manufacturers, steel surcharges, semiconductor chip shortage. Based on this issue, the vendor is requesting to increase the original bid amount by $42,524 for the Chlorine Truck which is a 22% increase from the original bid. When the original bid was issued, there was only one bid response received which was due to the nature of specialized specification required to hold the Chlorine Tank. With the current inflation ranging from 8-10% and the steel prices ranging from 15-25% this bid increase seems very reasonable with the current vehicle market. If a new bid is issued, it will further delay this purchase and new bid(s) received are anticipated to be higher than the 22% increase being requested from Interstate Truck Center. City staff recommends increasing the Purchase Order amount for the Chlorine Truck in the amount of $42,524 to a revised Purchase Order amount not to exceed $235,125.

FISCAL IMPACT:

Sufficient funds for the three (3) Forklifts, six (6) One-ton trucks, and seven (7) One-ton Stake Side Dump Trucks are budgeted in Fiscal Year 22-23 in the Fleet Replacement Fund. One of the four Forklifts is a new addition and being funded through Modesto Police Department and will be split between the Traffic Safety Fund and Supplemental Law Enforcement Funds. The updated bid pricing for the two (2) Packer Trucks and Chlorine Truck in the amount of $55,806 is budgeted in the Fiscal Year 22-23 Fleet Replacement Fund and Water Fund.

COMMITTEE RECOMMENDATION:

This item was presented at the October 25, 2021, and May 23, 2022, Finance Committee to capture all City vehicle additions and replacements through Fiscal Year 2021-22.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the competitive bidding process from State Department of General Services (DGS) with Cromer Material Handling, Pasadena, CA for four (4) Forklifts for a total amount not to exceed $155,539; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

Resolution approving the Award of Bid for six (6) One-Ton Trucks to Towne Ford Sales, Redwood City, CA for a total amount not to exceed $536,924; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

Resolution approving the Award of Bid for seven (7) One-Ton Stake Side Dump Trucks to Towne Ford Sales, Redwood City, CA for a total amount not to exceed $602,868; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order. #16..
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Resolution approving an increase to the amount for the purchase of two (2) Packer Trucks to Western Truck Center, Stockton, CA by $13,282, increasing the Purchase Order from $501,078 to a new total amount not to exceed $514,360, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.

Resolution approving an increase to the amount for the purchase of one (1) Chlorine Truck to Interstate Truck Center, Stockton, CA by $42,524, increasing the Purchase Order from $192,601 to a new total amount not to exceed $235,125, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.

Approved by:

DeAnna Christensen, Director of Finance
Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:

1. Resolutions (5)

2. Quote – Cromer Material Handling

3. Contract 1-19-39-01B State Contract

4. RFB 2122-50 – Six (6) One-Ton Trucks – Bid Docs.

5. RFB 1819-49RB – Seven (7) One-Ton Stake Side Dump Trucks – Bid Docs.

6. Western Truck Center (2) Packer Trucks – Revised Quote

7. Interstate Truck Center Chlorine Truck – Revised Quote #16..
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING THE COMPETITIVE BIDDING PROCESS FROM

STATE DEPARTMENT OF GENERAL SERVICES (DGS) WITH CROMER
MATERIAL HANDLING, PASADENA, CA FOR FOUR (4) FORKLIFTS FOR A TOTAL AMOUNT NOT TO EXCEED $155,539; AND AUTHORIZING THE

PURCHASING MANAGER, OR HER DESIGNEE, TO ISSUE THE PURCHASE ORDER
WHEREAS, every year, City vehicles and equipment are individually evaluated based on their age, condition, mileage and maintenance costs); and WHEREAS, once a unit is replaced and placed into City service, funds for its replacement are charged out as monthly recurring charges until the end of the unit’s service life; and
WHEREAS, on April 12, 2019 the State of California issued Invitation for Bid #12432 on the State Department of General Services (DGS) website for a Statewide contract for Forklifts and Pallet Trucks/Jacks for a two (2) year agreement with three (3) one-year extension options; and
WHEREAS, on April 26, 2019, proposals were formally opened; and WHEREAS, five (5) bids were received and based on the lowest responsive and responsible bidder an agreement for forklifts was awarded to three (3) bidders; Cromer Material Handling, RKU Distributing Inc. and Southern CA Material Handling; and WHEREAS, the use of state contracts are cooperative agreements to streamline the procurement process by developing RFBs or RFP’s for national competitive solicitations that meet or exceed local requirements; 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. However, exceptions to the formal bidding process are granted in MMC #16..
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2 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality”; and WHEREAS, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the competitive bidding process from State Department of General Services (DGS) with Cromer Material Handling, Pasadena, CA for four (4) Forklifts for a total amount not to exceed $155,539.

BE IT FURTHER RESOLVED that the Purchasing Manager, or her designee, is hereby authorized to execute the Purchase Order.

The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 23th day of August 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: _____________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:
#16..
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3 BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
#16..
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX
RESOLUTION APPROVING THE AWARD OF BID FOR SIX (6) ONE-TON

TRUCKS TO TOWNE FORD SALES, REDWOOD CITY, CA FOR A TOTAL AMOUNT NOT TO EXCEED $536,924; AND AUTHORIZING THE

PURCHASING MANAGER, OR HER DESIGNEE, TO ISSUE THE PURCHASE ORDER.

WHEREAS, these vehicles are used by various Divisions to carry out their normal service to the community hauling parts and supplies to make repairs to infrastructure around the City of Modesto.; and
WHEREAS, Modesto Municipal Code Section 8-3.203 requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid; and
WHEREAS, on June 10, 2022, the Purchasing Division issued Request for Bids (RFB) 2122-50 for six (6) One-ton trucks on the City’s website under commodity codes1 ; and
WHEREAS, fourteen (14) companies downloaded the RFB document, one vendor chose to submit a bid, there was no local bid received; and WHEREAS, on July 19, 2022, bids were formally opened in the City Clerk’s office and Towne Ford, Redwood City, CA, was the only responsive and responsible bidder; and
WHEREAS, based on providing the only responsive and responsible bid which conforms to the Modesto Municipal Code, Section 8-3.203 City staff recommends the award of bid for six (6) One-ton trucks to Towne Ford, Redwood City, CA; and 1 06590 – Van Truck Bodies, 07047 – Trucks, Cab and Chassis, 07048 – Trucks (One-ton and less capacity), and 07051 – Trucks (Over one-ton capacity)
#16..
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2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the award of bid for six (6) One-Ton Trucks to Towne Ford Sales, Redwood City, CA for a total amount not to exceed $536,924.

BE IT FURTHER RESOLVED, that the Purchasing Manager, or her designee, is hereby authorized to execute the purchase order.

The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 23rd day of August 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: _____________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
#16..
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX
RESOLUTION APPROVING THE AWARD OF BID FOR SEVEN (7) ONE-TON

STAKE SIDE DUMP TRUCKS TO TOWNE FORD SALES, REDWOOD CITY, CA FOR A TOTAL AMOUNT NOT TO EXCEED $602,868; AND

AUTHORIZING THE PURCHASING MANAGER, OR HER DESIGNEE, TO

ISSUE THE PURCHASE ORDER
WHEREAS, these vehicles are all used by the Parks Division in their normal duties maintaining the various parks around the City of Modesto; and WHEREAS, Modesto Municipal Code Section 8-3.203 requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid; and
WHEREAS, on June 10, 2022, the Purchasing Division issued Request for Bids (RFB) 1819-49RB2 for seven (7) One-ton Stake Side Dump trucks on the City’s website under commodity codes1 ; and
WHEREAS, eighteen (18) companies downloaded the RFB document, two vendors chose to submit a bid, there was no local bids received; and WHEREAS, on July 19, 2022, bids were formally opened in the City Clerk’s office and Towne Ford, Redwood City, CA, was the lowest responsive and responsible bidder; and
WHEREAS, based on providing the only responsive and responsible bid which conforms to the Modesto Municipal Code, Section 8-3.203 City staff recommends the award of bid for seven (7) One-ton Stake Side Dump trucks to Towne Ford, Redwood City, CA.
1 06590 – Van Truck Bodies, 07047 – Trucks, Cab and Chassis, 07048 – Trucks (One-ton and less capacity), and 07051 – Trucks (Over one-ton capacity)
#16..
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2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the award of bid for seven (7) One-Ton Stake Side Dump Trucks to Towne Ford Sales, Redwood City, CA for a total amount not to exceed $602,868.

BE IT FURTHER RESOLVED, that the Purchasing Manager, or her designee, is hereby authorized to execute the purchase order.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
#16..
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1 Meeting Date/Dept/Contact/Item # 2018-xxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION APPROVING AN INCREASE TO THE AMOUNT FOR THE
PURCHASE OF TWO (2) PACKER TRUCKS TO WESTERN TRUCK CENTER, STOCKTON, CA BY $13,282, INCREASING THE PURCHASE ORDER FROM $501,078 TO A NEW TOTAL AMOUNT NOT TO EXCEED $514,360, AND

AUTHORIZING THE PURCHASING MANAGER, OR HER DESIGNEE, TO

UPDATE THE PURCHASE ORDER
WHEREAS, on February 26, 2021, the Purchasing Division issued Purchase Order 197618 to Western Truck Center, Stockton, CA for the purchase of two (2) Packer Trucks in the amount of $501,078; and
WHEREAS, in early 2022, the vendor informed Purchasing the order could not be placed at the time of receiving the Purchase Order due to manufacture delays related to the current COVID-19 pandemic; and
WHEREAS, when ordering was able to be completed it was discovered that they could no longer hold the bid price because of continued price increases from manufacturers, steel surcharges, semiconductor chip shortage; and WHEREAS, the vendor is requesting to increase the original bid amount by $13,053 for both Packer Trucks; and
WHEREAS, with this increase Western Truck Center continues to be the lowest responsible and responsive bid.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an increase to the amount for the purchase of two (2) Packer Trucks to Western Truck Center, Stockton, CA by $13,282, increasing the Purchase Order from $501,078 to a new total amount not to exceed $514,360.

BE IT FURTHER RESOLVED, that the Purchasing Manager, or her designee, is hereby authorized to update the Purchase Order.
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2 Meeting Date/Dept/Contact/Item # 2018-xxx
The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 23rd day of August 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: _____________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
#16..
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1 Meeting Date/Dept/Contact/Item # 2018-xxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION APPROVING AN INCREASE TO THE AMOUNT FOR THE
PURCHASE OF ONE (1) CHLORINE TRUCK TO INTERSTATE TRUCK
CENTER, STOCKTON, CA BY $42,524, INCREASING THE PURCHASE ORDER FROM $192,601 TO A NEW TOTAL AMOUNT NOT TO EXCEED $235,125, AND AUTHORIZING THE PURCHASING MANAGER, OR HER

DESIGNEE, TO UPDATE THE PURCHASE ORDER
WHEREAS, on April 28, 2022, the Purchasing Division issued Purchase Order 201110 to Interstate Truck Center, Stockton, CA in the amount of $192,601; and WHEREAS, in early 2022, the vendor informed Purchasing the order could not be placed at the time of receiving the Purchase Order due to manufacture delays related to the current COVID-19 pandemic; and
WHEREAS, with this increase Western Truck Center continues to be the lowest responsible and responsive bid, and
WHEREAS, when ordering was able to be completed it was discovered that they could no longer hold the bid price because of continued price increases from manufacturers, steel surcharges, semiconductor chip shortage; and WHEREAS, the vendor is requesting to increase the original bid amount by $42,524 for the Chlorine Truck; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an increase to the amount for the purchase of one (1) Chlorine Truck to Interstate Truck Center, Stockton, CA by $42,524, increasing the Purchase Order from $192,601 to a new total amount not to exceed $235,125.

BE IT FURTHER RESOLVED, that the Purchasing Manager, or her designee, is hereby authorized to update the Purchase Order.
#16..
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2 Meeting Date/Dept/Contact/Item # 2018-xxx
The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 23rd day of August 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: _____________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
#16..
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Date : August 3, 2022
State of California – DGS Contract Number 1-19-39-01B Line B17, Item # 9, SKU# CMH33L 189SSP City Of Modesto
Modesto, CA 95353

Quotation : JP 00190
Prepared By : James Perez
FOB : Delivered
We are pleased to quote you the following new Doosan product for your consideration.

State of California – DGS Contract Number 1-19-39-01B Line B-17, Item # 9, SKU# CMH33L 189SSP (4 each) Doosan G33E-7 LP LPG HCM 2.4L Engine 6500 Lbs. Base Capacity, I. C. Solid Pneumatic Tire Forklift UL Rating UL Rated Type LP
Brakes Oil-Cooled Disc Brakes
Tires Single Solid Soft-Ride 8.15-15 Drive / 6.50-10 Steer Mast 3-Stage Full Free Triple Wide View MFH 189" OAL 86" FFH 57" Tilt Cylinders 6° Forward / 5° Back
Sideshifter Hang-On 44" Wide - Class III
Carriage Hook Type 44" Wide - Class III
Forks Hook Type - Pallet - 1.8" x 5" x 41"
Load Backrest 46" Wide x 47" High
Overhead Guard Standard Height - 86"
Hydraulic Lines 3-Way For Sideshifter
Hydraulic Control Valve 3 Section with 3 Levers
Mirrors Large Rear View Mirrors
Seat Vinyl Suspension Seat
Seat Belt Orange
Direction Control Standard - Lever Direction Control
Grab Bar Rear Grab Bar with Horn Button
LP Tank Cradle Standard Mounting
Warning Lights Strobe - Amber - Mounted Below OHG
Warning Device Back-Up Alarm
Front Work Lights Combination Lights with Front Flood Lights - LED Rear Work Lights (1) Rear Floodlight - LED
Fire Extinguisher 5 lb. ABC Type
Warranty Doosan Assurance - Standard 2 Year / 3,000 Hour, Powertrain 3 Year / 6,000 Hour, OCDB 5 Year / 10,000 Hour
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JP 00190 Page 2 of 2
State of California – DGS Contract Number 1-19-39-01B Line B-17, Item # 9, SKU# CMH33L 189SSP Standard Equipment
LPG Engine
Power Shift Transmission
Oil Cooled Disc Brakes
Power Steering
Tiltable Steering Column
Engine Shutdown
Dual Element Air Cleaner
LP Tank Mounting
Tilt Cylinder Covers
Counterweight
Other Equipment & Accessories
LPG Tank 7.5 GAL.
4-Each Contract Price: $36,046.00 Ea. / $144,184.00
Sales Tax 7.875% $11,354.49
Delivered Including Taxes & Fees $155,538.49
Optional Items - Not Included
B-19 4-Year/ 8000 Hr. Drivetrain Extended Warranty Add: $750.00 B-20 Preventative Maintenance every 500 Hours Add: $250.00 Each Service B-21 Fork Positioner SKU# CMHLSSFP000 Add: $3,028.00
B-22 Auto Fork Leveling SKU# CMHATLT00 Add: $1,788.00
NON-CORE NC-47 47” Forks in place of 41” Forks Add: $133.00

Term: 45 Days Per Contract
Signed and accepted on behalf of: Signed and accepted on behalf of:

CROMER, INC. City Of Modesto
Signature: Signature:
(SIGNATURE OF AUTHORIZED OFFICER OR REPRESENTATIVE REQUIRED) Print Name: Print Name:

Title: Title:

Date: Date:

James Perez 559-908-4119 / [email protected]
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CONTRACT 1-19-39-01B
ATTACHMENT 1 - CONTRACT PRICING

FORKLIFTS, LPG
Contract Line
Item (CLIN) # Commodity Description UNSPSC Code (Version 11) Manufacturer Part Number
(OEM #)
Manufacturer
(OEM) SKU # / Item # Item Description Unit of Measure
Quantity in
Unit of Measure Contract Unit Price
B-1 Forklift LPG (Low Capacity, Low Lift with
Cushion Tires) 4000 lb at 24" load center 24101603 GC20S-9 DOOSAN CMH20L 189SSC LPG Cushion Forklift 189" Each 1 $23,842.00 B-2 2 Year Warranty 24101603 DOOSAN Standard Warranty Each 1 Included with
Purchase
B-3 4 Year Extended Warranty 24101603 DOOSAN 4-Year 8000 HRS.

Drivetrain Each 1 $700.00
B-4 Preventative Maintenance every 500
hours 24101603 DOOSAN PM Service Each 1 $210.00
B-5 Forklift LPG (Low Capacity, High Lift,
Cushion Tires) 4000 lb at 24" load center 24101603 GC20S-9 DOOSAN CMH20L 237SSC LPG Cushion Forklift 237" Each 1 $24,189.00 B-6 2 Year Warranty 24101603 DOOSAN Standard Warranty Each 1 Included with
Purchase
B-7 4 Year Extended Warranty 24101603 DOOSAN 4-Year 8000 HRS.

Drivetrain Each 1 $750.00
B-8 Preventative Maintenance every 500
hours 24101603 DOOSAN PM Service Each 1 $210.00
B-9 Forklift LPG (High Capacity, Low Lift,
Cushion Tires) 6500 lb at 24" load center 24101603 GC33S-9 DOOSAN CMH33L 189SSC LPG Cushion Forklift 189" Each 1 $27,896.00 B-10 2 Year Warranty 24101603 DOOSAN Standard Warranty Each 1 Included with
Purchase
B-11 4 Year Extended Warranty 24101603 DOOSAN 4-Year 8000 HRS.

Drivetrain Each 1 $750.00
B-12 Preventative Maintenance every 500
hours 24101603 DOOSAN PM Service Each 1 $210.00
Contract Line
Item (CLIN) # Commodity Description Manufacturer Part Number (OEM #) Manufacturer
(OEM) SKU # / Item # Item Description Unit of Measure
Quantity in
Unit of Measure Contract Unit Price
B-13 Forklift LPG (High Capacity, High Lift,
Cushion Tires) 6500 lb at 24" load center 24101603 GC33S-9 DOOSAN CMH33L 237SSC LPG Cushion Forklift 237" Each 1 $28,254.00 B-14 2 Year Warranty 24101603 DOOSAN Standard Warranty Each 1 Included with
Purchase
B-15 4 Year Extended Warranty 24101603 DOOSAN 4-Year 8000 HRS.

Drivetrain Each 1 $750.00
B-16 Preventative Maintenance every 500
hours. 24101603 DOOSAN PM Service Each 1 $210.00
Contractor: East Bay Clarklift, Inc. dba. Cromer Material Handling Forklift LPG - Specification Item 5 - Model, Warranty, Preventative Maintenance Forklift LPG - Specification Item 6 - Model, Warranty, Preventative Maintenance Forklift LPG - Specification Item 7 - Model, Warranty, Preventative Maintenance Forklift LPG - Specification Item 8 - Model, Warranty, Preventative Maintenance Forklift LPG - Specification Item 9 - Model, Warranty, Preventative Maintenance Date: 6/21/2019
1 #16..
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CONTRACT 1-19-39-01B
ATTACHMENT 1 - CONTRACT PRICING

FORKLIFTS, LPG
B-17 Forklift LPG (High Capacity, Low Lift, with
solid PNEUMATIC Tires) 6500 lb at 24" 24101603 G33N-7 DOOSAN CMH33L 189SSP LPG Solid Pneumatic Forklift 189" Each 1 $28,496.00
B-18 2 Year Warranty 24101603 DOOSAN Standard Warranty Each 1 Included with
Purchase
B-19 4 Year Extended Warranty 24101603 DOOSAN 4-Year 8000 HRS.

Drivetrain Each 1 $750.00
B-20 Preventative Maintenance every 500
hours 24101603 DOOSAN PM Service Each 1 $210.00
B-21 Hydraulically Adjustable Fork Positioner 24101603 Doo-ss/fp DOOSAN CMHLSSFP000 Side Shift Fork Positioner Each 1 $2,328.00 B-22 Hydraulically Adjustable Fork Leveling 24101603 TLTAST-RCH1 DOOSAN CMHLATLT00 Til Assistant Each 1 $1,374.00 Discount Percent Off
Product Price
5%
10%
End of Worksheet.

Product
Forklift Attachments
Forklift Parts

NON-CORE PRODUCT ITEMS
Optional Items - Specification Item 14
2 #16..
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ITEM # STOCK # ITEM/DESCRIPTION QTY UNIT OF

ISSUE UN PRC EXTENSION
1 1 TON TRUCK DRW PER SPECIFICATION A 2 EA $104,400.00 $208,800.00 2 CA STATE TIRE RECYCLING FEE (NON-TAXABLE) 2 LOT $39.75 $79.50 3 SALES TAX @ 7.875% 2 LOT $8,221.50 $16,443.00
SUB-TOTAL: $225,322.50

ISSUE UN PRC EXTENSION
1 1 TON TRUCK DRW PER SPECIFICATION B 1 EA $85,300.00 $85,300.00 2 CA STATE TIRE RECYCLING FEE (NON-TAXABLE) 1 LOT $43.25 $43.25 3 SALES TAX @ 7.875% 1 LOT $6,717.38 $6,717.38
SUB-TOTAL: $92,060.63

ISSUE UN PRC EXTENSION
1 1 TON TRUCK DRW PER SPECIFICATION C 1 EA $72,300.00 $72,300.00 2 CA STATE TIRE RECYCLING FEE (NON-TAXABLE) 1 LOT $39.75 $39.75 3 SALES TAX @ 7.875% 1 LOT $5,693.63 $5,693.63

CITY OF MODESTO
PO BOX 642 MODESTO CA 95353
RFB NO. 2122-50 ONE 1 TON TRUCK

REDWOOD CITY, CA

TOWNE FORD
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ITEM # STOCK # ITEM/DESCRIPTION QTY UNIT OF

ISSUE UN PRC EXTENSION UN PRC EXTENSION
1 Curren Year, Stake Side Dump Trucks, 1 Ton SRW, per
specification A 7
EACH $79,800.00 $558,600.00 $89,330.00 $625,310.00
2 CA state Tire Recycling Fee (Non-Taxable) 7 LOT $39.75 $278.25 $8.75 $61.25 3 Sales Tax @ 7.875% 7 LOT $6,284.25 $43,989.75 $7,034.74 $49,243.18 12 13
14 TOTAL: $602,868.00 $674,614.43

CITY OF MODESTO
PO BOX 642 MODESTO CA 95353
RFB NO. 1819-49RB2 (7) Stake Side Dump Trucks, 1 Ton, SRW

REDWOOD CITY, CA

TOWNE FORD

ELK GROVE, CA

LASHER DODGE
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Date: Salesman:

Purchaser's Signature Approved By:

This order is not valid unless signed and accepted by dealer Invoice#:

Sold To: Delivered To: Deal#:Delivery Date:

Purchaser's Signature
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Date: Salesman:

Purchaser's Signature Approved By:

This order is not valid unless signed and accepted by dealer Invoice#:

Sold To: Delivered To: Deal#:Delivery Date:

Purchaser's Signature
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Date: Salesman:

Purchaser's Signature Approved By:

This order is not valid unless signed and accepted by dealer Invoice#:

Sold To: Delivered To: Deal#:Delivery Date:
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Date: Salesman:

Purchaser's Signature Approved By:

This order is not valid unless signed and accepted by dealer Invoice#:

Sold To: Delivered To: Deal#:Delivery Date:
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 23, 2022
Date: August 12, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Allison Van Guilder, Deputy City Manager
SUBJECT: Forward Together Initiative – Recommendations Report CONTACT: Allison Van Guilder, [email protected], 209-577-5228 DESCRIPTION:

Consider accepting the Forward Together working group recommendations report and directing staff to carry out the appropriate next steps. (Funding Source: Not applicable) STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto’s 2020-2025 Strategic Plan Area of Focus for Governance and Service Delivery, Goal I: Promote trust and engagement between the community and the City.

BACKGROUND:

The Forward Together Initiative was catalyzed as a response to calls for police reform intensifying across the country and at our local level. Its formation was also a reflection of a commitment to strong relationships and trust between the community and law enforcement.

The Forward Together working group, created by the City Council by Resolution No. 2021-216 on June 8, 2021, was tasked with researching specific themes relative to policing, engaging the broader community in the process and ultimately returning to Council with a set of recommendations to improve the police-community relations in the City of Modesto.

Prior to the formation of the Forward Together working group, Council conducted a listening session on May 22, 2021 to collect community input. As a result of the listening session, the following themes emerged and were confirmed by Council:
● Policies and Practices – that support safety, fairness and equity throughout the department and the community.
● Alternate Response Models – that ensure the right type of response and resources are applied to a situation.
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City Council, August 23, 2022
Forward Together – Recommendations Report

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● Accountability – for police conduct, decisions and how they impact the Modesto community.

Over the past year, a series of Forward Together working group meetings were held to facilitate conversations around these themes, inviting a diverse group of community stakeholders and the general public to participate in the process.

Forward Together Work Group Meeting Dates
 7/20/2021
 8/17/2021
 9/20/2021
 10/18/2021
 11/15/2021
 12/20/2021
 1/20/2022
 2/23/2022
 3/23/2022
 4/27/2022
 5/25/2022
 6/15/2022
The 27-member working group, has dedicated significant time to this endeavor. In addition to the monthly work group meetings, the members also participated in one or more of the three ad hoc subgroups. Each of the ad hoc groups met regularly to research and deliberate each theme.

As a result, they have developed a meaningful set of recommendations in response to Council’s request.

On June 15, 2022 the working group voted on the recommendations, which reflect broad areas of consensus amongst the members. Following this action, a series of community presentations were conducted to share the information with key stakeholders including Stanislaus NAACP, Modesto Chamber of Commerce, Modesto West People of Action Council, Faith in the Valley, Woodland West Neighborhood Group and the Modesto Police Officers Association.

DISCUSSION:

On August 11, 2022, The Forward Together workgroup presented the following recommendations to the City Council for consideration:

Accountability
The City should begin to implement a hybrid audit/review oversight model that includes a civilian review board and an independent auditor/investigator, using the city of Anaheim’s model as a reference.
 Establish a Civilian Oversight Board (COB) made up of community members  Identify and contract an Independent External Auditor  Establish a Major Incident Review Team (MIRT)
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City Council, August 23, 2022
Forward Together – Recommendations Report

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Alternate Response Models
1) Scale up the Community Health and Assistance Team (CHAT) and Mobile Crisis Emergency Response Team (MCERT) programs to at least the capacity needed to handle the call volume identified in the 2020 analysis. 2) Use a data-driven approach to identify additional need for alternate response programs and scale up capacity accordingly.
3) Modesto Police Department (MPD) should continue to work closely with Stanislaus County Behavioral Health and Recovery Services on the development of these programs and seek greater community support the launch or scaling up of alternate response programs
 Support the launch or scaling up of alternate response programs (CHAT, MCERT, M&M1, On-Call Clinician2)
 Allocate funding to launch/scale up these programs
 Create a Crisis Response Stakeholder Group (mental health, hospitals, counselors, and law enforcement)
 Require 40 hours of Crisis Intervention Training for officers and civilian personnel
 Allocate funding to support an upgrade in technology by the MPD  Ensure on-going community oversight is conducted regarding how police are handling calls related to mental health crises.

Policies & Practices
The City should further consider and develop the following policy goals. This process should utilize the auditor and the review board as described in the accountability recommendations.  Improve relations between the community and the department  Protect community members’ civil rights during interactions with police  Reduce youth arrests, particularly among Latino youth  Improve MPD officers’ access to mental health treatment  Improve accountability and transparency
 Improve officer training
 Review and clarify policy language
 Review use of force policy to minimize likelihood of death resulting from use of force FISCAL IMPACTS:

There is no fiscal impact associated with this item at this time. Staff expects to develop cost estimates for specific actions to implement the Forward Together working group recommendations that are brought to the Council for future consideration.

COMMITTEE RECOMMENDATION:

This item was presented at a Special Council Workshop on August 11, 2022 and Council was advised the report would be brought back to this meeting for consideration. 1 Pair two Mental Health Clinicians to respond to mental health crisis calls. 2 Have a Mental Health Clinician available to consult with any team/officer on a call that is deemed to need a mental health consult.
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City Council, August 23, 2022
Forward Together – Recommendations Report

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RECOMMENDED COUNCIL ACTION:

Staff Recommendation:

Resolution accepting the Forward Together working group recommendations report and directing staff to carry out the appropriate next steps.

Approved By:
_________________________________
Allison Van Guilder, Deputy City Manager
_____________________________
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Forward Together Recommendations Report
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August 23, 2022/City Manager’s Office/Allison Van Guilder/Item # 1 2022-xxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION APPROVING THE FORWARD TOGETHER WORKING GROUP RECOMMENDATIONS REPORT; AND DIRECTING STAFF TO CARRY OUT

THE APPROPRIATE NEXT STEPS
WHEREAS, the Forward Together Initiative was catalyzed as a response to calls for police reform intensifying across the country and at our local level. Its formation was also a reflection of an ongoing commitment to strong relationships and trust between the community and law enforcement; and
WHEREAS, the Forward Together working group, created by the City Council on June 8, 2021, was tasked with researching specific themes relative to policing, engaging the broader community in the process, and ultimately returning to Council with a set of recommendations to improve the police-community relations in the City of Modesto; and WHEREAS, the themes determined by Council as a result of community input collected at the May 22, 2021 Forward Together listening session were:

1. Policies and Practices – that support safety, fairness and equity throughout the department and the community.

2. Alternate Response Models – that ensure the right type of response and resources are applied to a situation.

3. Accountability – for police conduct, decisions and how they impact the Modesto community; and
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August 23, 2022/City Manager’s Office/Allison Van Guilder/Item # 2 2022-xxx WHEREAS, over the past year, a series of Forward Together working group meetings were held to facilitate conversations around these themes, inviting a diverse group of community stakeholders and the general public to participate in the process. The 27-member working group, has dedicated significant time to this endeavor. In addition to the monthly work group meetings, the members also participated in one or more of the three ad hoc subgroups. Each of the ad hoc groups met regularly to research and deliberate each theme. As a result, they have developed a meaningful set of recommendations in response to Council’s request; and
WHEREAS, on June 15, 2022 the working group voted on the recommendations, which reflect broad areas of consensus amongst the members. Following this action, a series of community presentations were conducted to share the information with key stakeholders including Stanislaus NAACP, Modesto Chamber of Commerce, Modesto West People of Action Council, Faith in the Valley, Woodland West Neighborhood Group and the Modesto Police Officers Association.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby accepts the Forward Together working group recommendations report and directs staff to carry out the appropriate next steps.
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August 23, 2022/City Manager’s Office/Allison Van Guilder/Item # 3 2022-xxx The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 23rd day August 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: Name, Name, Name, Name, Name, Name, Mayor Name
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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Forward Together Working Group
Recommendations
Presented for final approval on June 15, 2022

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Table of Contents
I. Executive Summary 3
I.A Process and Timeline 3
I.B Summary of Recommendations 4
II. Ad Hoc Group Reports 7
II.A Policies and Practices 7
II.B Alternate Response Models 10
II.C Accountability 14

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I. Executive Summary
The Forward Together working group was created by the City Council on June 8, 2021, and tasked with researching the themes of the Forward Together initiative and returning to Council with recommendations. These themes were determined by Council based in large part on community input collected at the May 22, 2021 Forward Together listening session. They are:
● Policies and Practices – that support safety, fairness and equity throughout the department and the community.
● Alternate Response Models – that ensure the right type of response and resources are applied to a situation.
● Accountability – for police conduct, decisions and how they impact the Modesto community.

Due to the complexity and importance of this subject matter the City sought participation from a broad and diverse group of stakeholders who agreed to commit the time and effort necessary to make thoughtful recommendations. After roughly a year of research and deliberation we are ready to present a set of recommendations that we believe are significant and impactful, responsive to the goals of the Forward Together initiative, and areas of broad consensus among relevant stakeholders.

I.A Process and Timeline
The Forward Together working group met for the first time on July 20, 2021. Our first task was to establish the procedures and structure that would be necessary for completing our work. As directed by Council, the working group received applications from community members and appointed four additional members to serve on the working group (for a total of 27 members, see Table 1 below). The working group also elected a chair and vice chair and created three ad hoc groups corresponding to the three themes of our work, Policies and Practices, Alternate Response Models, and Accountability. Working group members appointed themselves to one or more of the ad hoc groups based on their interests and availability. This organizational structure was largely developed and put in place over the course of our first three work group meetings in July, September, and October of 2021.

The next phase of our work consisted of a series of four educational meetings that were meant to provide the workgroup with foundational knowledge in each of our three areas of focus:

Policies and Practices (October), Alternate Response Models (November), and Accountability (December and January). These meetings featured presentations from the Modesto Police Department, Stanislaus County Behavioral Health and Recovery Services, and a panel of experts on civilian oversight and review. After each of these meetings the associated ad hoc group began holding meetings to review the information from the presentations, collect additional information, and begin developing recommendations. Several members of the

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working group engaged in additional learning
by participating in the Department’s force
option simulator and officer ride-along
programs.

Once the ad hoc groups began to align on
recommendations in their respective subject
areas, they reported back to the full work
group to share their thinking and receive
feedback from the rest of the workgroup and
members of the public. These presentations
were given during our February and March
work group meetings. With this feedback the
ad hoc groups began drafting their final
reports and recommendations. Draft
recommendations were presented and
reviewed at our April work group meeting.

After reviewing the draft recommendations
as a working group, we received additional
feedback at community meetings sponsored
by local organizations including the
Stanislaus NAACP, the West Modesto
People of Action Council, Faith in the Valley,
the Stanislaus ACLU, and Valley
Improvement Projects (feedback and insights
from these meetings are summarized in section III below). Final revisions were made based on feedback from the workgroup and the community and the final recommendations were presented for final approval at our June meeting.

I.B Summary of Recommendations
Here we give a summary of our key recommendations. Additional background and motivation and further recommendations are provided in the ad hoc group reports in section II below.

Policies and Practices
A common theme that emerged in all three ad hoc groups is the need for ongoing community engagement, and this was particularly true in the policies and practices ad hoc group. Members of this group had numerous, wide-ranging discussions on a range of issues including juvenile arrest rates, use of force, and accountability, and examined several particular policies in detail.

Each of these discussions required significant learning from the group members and openness

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from the department. We are proud of the depth and breadth of these conversations and feel they can serve as a model for future community engagement efforts.

In the ad hoc group report below (section II.A below) we present a wide range of policy ideas and proposals that are the result of months of education, consideration, and deliberation. While we did not reach consensus on all of these proposals, our recommendation is that the City further consider and develop these ideas, and that this process utilize the auditor and review board described in our accountability recommendations.

Alternate Response Models
The alternate response ad hoc group was formed to address the needs voiced by our community in finding response models that reduce the risk of severe injury and lethal outcomes when responding to individuals with severe mental illness and are in crisis, individuals experiencing homelessness or substance abuse, and other situations that may be possible to address without a police response.

In this ad hoc group we found almost immediate alignment between all stakeholders on the concept and need for increased alternate response capacity. With this broad agreement our work very quickly turned to understanding the details of existing programs and the logistics of growing these programs.

A helpful guidepost in our discussion is an analysis of 2020 calls for service presented by Chief Gillespie at the November working group meeting. This analysis identified 19,238 calls for service (roughly 11% of all calls that year) as pertaining to unhoused individuals and/or individuals suffering from some form of mental illness. Of these calls 6,945 were identified as having some indication of a safety risk for the responding officer and 12,293 did not have an identified safety risk. The calls without an indication of safety risk were identified as good candidates for the City’s Community Health and Assistance Team (CHAT) program and the calls with a safety risk indication were identified as good candidates for the Mobile Crisis Emergency Response Team (MCERT) program. It was also communicated to the ad hoc group that this call analysis is preliminary and that the true level of need for alternate response could be significantly greater.

Our first recommendation is that the City scale up the CHAT and MCERT programs to at least the capacity needed to handle the call volume identified in the 2020 analysis. In a subsequent ad hoc group meeting Chief Gillespie presented a preliminary plan for scaling up the CHAT program to this level. This plan called for 11 full-time staff and had an initial cost of approximately $1,153,568 and an ongoing cost of approximately $1,012,000 per year. We were also advised that initial estimates of the annual cost for basic 24/7 coverage from the MCERT

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program were approximately $1.6M per year and that this program could potentially be partially funded through grants and partnerships with other public agencies.

While these costs are not insignificant (about 1-2% of the 2021-22 general fund budget) we feel this should be a priority among priorities for the City. We believe that these programs will provide better services to the community when they are utilized, allow MPD to make better use of limited policing resources, will be highly cost effective, and, most importantly, have the potential to save lives.

Another advantage of this approach is the relative availability of qualified staff. At an ad hoc group meeting we received an informal and preliminary report that suggested the city had received an abundance of high quality applications for the current CHAT program vacancies.

This is particularly encouraging at a time when cities and counties across the country struggle to fill vacant police officer and mental health clinician positions. We recommend the City seize this opportunity to grow the MCERT and CHAT programs in particular and prioritize worker retention, especially considering the demanding nature of the work and the possibility for burnout.

While state and federal grant funds are and should be utilized as much as possible, we recommend that the city make a commitment to take whatever actions are needed to secure the kind of long-term stability that is needed to grow these programs.

We further recommend that the city continue to use a data-driven approach to identify additional need for alternate response programs and scale up capacity accordingly. We also recommend that the Modesto Police Department continue to work closely with Stanislaus County Behavioral Health and Recovery Services on the development of these programs and seek greater community engagement from stakeholder groups to oversee and make recommendations related to these programs.

Accountability
The accountability ad hoc group had the formidable task of understanding both the Modesto Police Department's current accountability procedures as well as the many forms of civilian oversight that have been implemented in other jurisdictions. To this end the working group received presentations from MPD (at our December meeting) as well as a panel of experts with experience working in different oversight systems (at our January meeting).

A common and useful classification system divides oversight models into four categories, (1) review-focused models that rely primarily on a community advisory board, (2) auditor-focused models that employ a professional auditor to oversee department-led investigations, (3)

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investigation-focused models that conduct wholly independent investigations, and (4) hybrid models that combine features of different model types.1 After significant research and discussion we are recommending that the City implement a hybrid oversight system combining features of the auditor and review models of oversight, and that the City of Anaheim’s oversight system be used as a reference.

We are making this recommendation because we believe that trust between MPD and the community would be improved by the right balance of the professional oversight and transparency of an auditor-focused model along with the community engagement and participation of a review-focused model (while avoiding the much greater expense and significant difficulties of implementing an investigation-focused model) and we believe that the city of Anaheim has done an admirable job of achieving this balance.

In designing this program it will be essential that the independent auditor is someone who can earn the trust of both the community and law enforcement. To that end we recommend that a diverse group of stakeholders be included in the selection process; that the auditor have the ability to receive complaints and full access to police records and evidence relevant in internal affairs investigations; and that the auditor be empowered to make public reports of their work to the extent allowable by law.

It will also be important that the review board is able to raise community concerns to the City, as well as to help disseminate information back to the community. We believe that our work on this working group provides a blueprint for what this could look like and we encourage the city to build on this model to create a long-term structure for community engagement.

II. Ad Hoc Group Reports
We now provide more detailed reports on the work and results of each of the ad hoc groups and a complete description of our recommendations.

II.A Policies and Practices
The Policies and Practices ad hoc group began with a vast amount of information to review and process. This information included department policies and procedures, various reports, audits, and surveys as well as relevant state legislation.2 At our October working group meeting we received an educational presentation from the department that provided an overview of this information and we collected questions from the full working group. These questions covered a 2 At the time of writing all of these documents are available on the Forward Together website:
modestogov.com/2733/Documents-Presentations
1 see for example, Civilian Oversight of Law Enforcement | Assessing the Evidence, De Angelis, Rosenthal, and Buchner, OJP Diagnostic Center and National Association for Civilian Oversight of Law Enforcement (NACOLE)

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broad range of topics and helped to identify areas of interest for the work group and we spent most of our November ad hoc group meeting reviewing them.

Over our next four monthly ad hoc group meetings (December through March) we continued to educate ourselves and had numerous in-depth discussions that covered a broad range of policies and practices.

Between our March and April meetings we collected written policy proposals from group members based on our prior discussions. These proposals were grouped according to policy goals and reviewed at our April meeting. While we did not reach consensus on all these proposals, and some proposals may need to be further studied and developed, we feel that we have important policy questions that the City should consider:
1) Policy Goal: Improve relations between the community and the department a) Increase community involvement across all demographics, with an emphasis placed on minority populations. This proposal was inspired in part by an observation that Latinos were underrepresented in some department surveys. b) Consider additional bias-based policing training and refreshers. 2) Policy Goal: Protect community members’ civil rights during interactions with police a) Consider additional civil rights training for police officers b) Sponsor community “Know Your Rights” trainings
3) Policy Goal: Reduce youth arrests, particularly among Latino youth a) Collaborate with community groups to focus on reducing youth crimes, especially given what appears to be a disproportionate number of Latino youth arrests b) Ensure equity and fairness in officer interactions with youth, especially Latino youth, and consider developing or expanding programs that offer alternatives to youth arrest and prosecution when appropriate
4) Policy Goal: Improve MPD officers’ access to mental health treatment a) Consider providing more frequent access to mental health treatment, possibly including mandatory treatment for officers involved in critical incidents 5) Policy Goal: Improve accountability and transparency a) Ensure that the department maintains a record of all police stops b) Consider increasing the review period in the Personnel Management and Review System (PMRS) beyond 12 months (see department procedure 1000.2) c) Consider reviewing the drug testing policy for police officers, including testing after a critical incident and/or random drug testing

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d) Consider increasing record retention for complaints and investigations beyond five years
e) Implement the recommendations of the Accountability ad hoc group 6) Policy Goal: Improve officer training
a) Continue to utilize and expand scenario training
b) Direct independent auditor and review board (recommended by accountability ad hoc group) to review and audit department training
7) Policy Goal: Review and clarify policy language
a) Clarify frequency of periodic training in policy 300.8 b) Review and clarify standards for use of pain compliance techniques in policy 300.3.3
c) Provide clarity on supervisor's responsibility to respond in policy 300.7 d) Clarify policy language related to training and community engagement in 418.10 (Mental Illness Commitments) and Policy 470.11 (Crisis Intervention Incidents) e) Consider an outright ban on on-duty political activity (see policy 340.5.8(g)) f) Consider requiring internal affairs to annually review their efforts and submit a public report (current language in procedure 402.6 states that internal affairs “should” submit a report to the chief of police)
g) Consider modifying carotid control hold policy (300.3.4) to clearly state that carotid control holds are prohibited
8) Policy Goal: Review use of force policy to minimize likelihood of death resulting from use of force3
a) Conduct risk assessment and review use of force policy in response to knives or non-blade weapons
b) Clarify that force should only be used to prevent flight or evasion (including in a vehicle) when there is a serious and immediate threat of harm c) Consider policy changes to require officers to call for assistance (and whenever possible wait for assistance) in situations where there is a possibility of using lethal force
d) Consider policies that mandate the use of a taser as an alternative to shooting in appropriate situations
e) Review and strengthen department “stop-shooting protocols” to require officers to stop shooting as soon as possible
f) Review and strengthen the medical consideration policy (300.6) g) Develop policies to support and incentivize use of de-escalation tactics 3 This set of proposals were largely inspired by: When police kill, Franklin Zimring (2017), see Chapter 11 in particular

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Several of these proposals overlap with current department policies and practices and ongoing initiatives and in those cases we recommend the department continue this work. We also recommend that the review board recommended by the accountability ad hoc group be involved in developing these proposals further.

II.B Alternate Response Models
The Alternate Response Model Ad Hoc group began to meet in December of 2021 and is made up of a diverse group from the Modesto community.

The group includes community members who represent families and organizations that are highly interested in finding alternate ways the police can respond to non-violent disturbance calls and mental health crisis calls. The members come from the National Alliance for the Mentally Ill (NAMI), the ACLU, the Stanislaus Tuolumne Central Labor Council, City Ministry Network, the Chamber of Commerce, the Modesto Police Officers Association, and Stanislaus County Behavioral Health and Recovery Services. Police department and city staff were also present to help answer questions and provide information.

At our first meeting, the team discussed the presentation on Alternate Response Models that had been shared at a Forward Together meeting. We asked additional questions of Chief Gillespie regarding the alternate models already in place in Modesto (HEART – Homeless Engagement and Response Team, & CARE – County Assessment Response Engagement team) as well as the research that had been done to discover models in other cities – such as the CAHOOTS model in Eugene, OR.

It was confirmed that a CHAT team (Community Health and Assistance Team) was already being formed by the Modesto Police Department and that parts of this program were modeled after the CAHOOTS program. The CHAT Program consists of two outreach workers who respond to calls for service that do not present a significant safety risk.

The City was also in the process of reviving the MCERT (Mobile Crisis Emergency Response) program that pairs a police officer with a mental health clinician to respond to mental health-related 911 emergency calls for service to assess the needs of individuals and provide direct treatment and crisis interventions services. The MCERT MHC works with Behavioral Health specialists (Case Managers) and Peer Support Specialist to provide a full range of access services in addition to crisis intervention, which includes triage, screening, crisis assessment, de-escalation, resolution, peer support, coordination with medical and behavioral health services, crisis planning, and follow-up to ensure access to treatment service and community supports. A licensed mental health professional will oversee the program, in accordance with Welfare and Institutions Code §5848.7.

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The ad hoc group was highly supportive of researching and confirming various ways of supporting the police in using alternate responses to mental health crisis situations. Several of the ad hoc group members shared their knowledge of when crisis calls had been handled poorly. The police also shared how they previously felt their only options had been to use either the emergency room, jail, or a “5150 hold” to handle individuals causing a disturbance as they aren’t qualified to assess a possible mental impairment and instead could only hold the individual for 72 hours until they could be seen by a mental health clinician. In researching several models, it became clear that having teams of clinicians, or a team with a police officer and clinician paired together, would be better equipped to handle those calls in a more immediate and effective manner.

The Chief shared data which identified that in 2020 there were 19,238 calls for service related to unhoused individuals and/or individuals suffering from some form of mental illness. Of these calls 6,945 were identified as having some indication of a safety risk for the responding officer, but 12,293 did not have an identified safety risk. The calls without an indication of safety risk were identified as good candidates for the CHAT program and the calls with a safety risk indication were identified as good candidates for the MCERT program. It was also communicated to the ad hoc group that this call analysis is preliminary and that the true level of need for alternate response could be significantly greater.

The data also indicated that the amount of time typically logged for each mental health call indicates that a team could handle 13 calls in 8 hours. And these calls come in at all hours, requiring the availability of clinicians on a 24/7 basis. So in order to handle the volume of calls needed, and be available 24/7, the CHAT and MCERT teams would need to be scaled up. A preliminary plan shared is that the CHAT team should include additional full-time outreach staff along with several supervisors and that the MCERT program be scaled up as well. We were also informed that many highly qualified individuals have applied for the current two open positions on the CHAT team, which is a positive indication that staff could be found to scale up this program.

For the MCERT program, it was recommended that several mental health clinicians be hired to each be paired with an officer to handle emergency crisis calls.

In addition, the team also discussed and collected information on the following:
● Whether the alternate response program should be under the police department or set up as a separate non-profit (as CAHOOTS is)
○ Based on the fact that the alternate response teams would be responding to 911 calls, some felt that it should be under the MPD. However, an ad hoc member from the ACLU shared that their organization felt strongly that these teams should be

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governed separately from the police, so they aren’t at risk of being eliminated if there is a change in police leadership.
● Whether basic information could be shared between police and mental health crisis responders in order to provide the appropriate response. A team member volunteered to research how other cities respond to this need. We found existing law allows pertinent information to be shared when police and a mental health worker are responding together on a crisis call. This would provide informed collaboration to better support community members experiencing mental health crises.
● What training police officers currently receive to recognize and handle calls that involve a person struggling with mental health. It was confirmed that this training has been minimal in the past, but a 40-hour crisis intervention training will be conducted over the next few months for all police department staff that will include de-escalation training, and mental health response training with role playing, as well as the opportunity to learn from those with a family member who struggles with mental health.
● Funding sources for the alternate response program. After learning that the CHAT team is funded by a HUD grant, we debated whether using grant funding for an alternate response program is the best way to go, and if these programs could be made part of the city budget as we see it as an important part of how our community is kept safe. In doing research it was found that some other cities are funding these programs directly through the city budget.
● Whether there should be an oversight panel created to review monthly or quarterly how each mental health call was handled by the police during that time period.

After much discussion and research, the Alternate Response Model Ad Hoc group would like to recommend that the City take the following steps:
1) Support the launch or scaling up of alternate response programs, to include the following for our community, in order to handle the call volume identified in the 2020 data, and provide support for mental health crisis calls on a 24/7 basis. We also recommend that the City continue to assess and respond with additional programs as emerging needs are confirmed, in coordination with BHRS. a) CHAT – Pairs two Outreach/Health workers together to respond to non-safety-related 911 calls.
b) MCERT – Pair Mental Health Clinicians with officers to respond to mental health emergency 911 calls.
c) M&M – Pair two Mental Health Clinicians to respond to mental health crisis calls. d) Clinician on-call – have a Mental Health Clinician available to consult with any team/officer on a call that is deemed to need a mental health consult.

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2) Allocate funding to launch/scale up these programs and commit to securing long-term, sustainable funding so these programs don’t disappear when grant funds run out. The total cost of these programs could be supported in part by leveraging additional long-term funding sources from recent state and federal funds specifically earmarked for mental health crisis response. We believe that these programs will provide better services to the community when they are utilized, allow MPD to make better use of limited policing resources, and will be highly cost effective, without reducing the current number of police officers.
3) Create a Crisis Response Stakeholder Group – to include local mental health organizations, hospitals, health insurance providers, school counselors, families & law enforcement – to strengthen the crisis services response in our community, and provide more coordinated on-going care plans for those experiencing a mental health crisis. a) We recommend this stakeholder group develop a collaborative education seminar/handout for the Community on how to access services and navigate the system when a family member has a mental health crisis, especially for those for whom English is a second language, and info on assisted outpatient treatment programs (Laura’s law).
4) Require 40 hours of Crisis Intervention training for all law enforcement personnel – to include de-escalation training, mental health response training, with actual role-playing practice required. This training would also be required within the first year for any new officer and/or they would be paired with an FTO who has been through this training.
5) Allocate funding to support an upgrade in technology by the MPD to better support the tracking of data and outcomes on alternate response calls, so we have a better understanding of the true need and effectiveness of these alternate response models.

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6) Ensure on-going community oversight is conducted regarding how police are handling calls related to mental health crises. This could be combined with the panel being recommended by the Accountability group. But we would like to ask that any mental health calls handled by the police or an alternate response team be reviewed on a monthly or quarterly basis to determine if they were handled appropriately.

It is our belief that implementing these recommendations will make our community a safer place for those experiencing a mental health or non-violent crisis in our city.

II.C Accountability
We begin with a brief summary of the four ad hoc group meetings and two Forward Together Working Group meetings dedicated to Accountability:
● December 20, 2021: Full working group meeting on the Modesto Police Department’s existing Accountability processes in hiring, complaints, discipline, use of force and officer-involved shooting review, body and car cameras, internal affairs, audits, personnel records, racial/identity profiling, release of records, and state laws. ● January 19, 2022: Accountability Ad Hoc meeting where we discussed the upcoming presentation on Exploring Accountability models and debated whether we should have such a presentation, how to ensure it was educational/unbiased, and what additional perspectives needed to be included in our research.
● January 20, 2022: Full working group meeting on Exploring Accountability/Oversight models used in other jurisdictions including the Sonoma County Independent Office of Law Enforcement Review and Outreach, City of Riverside Community Police Review Commission, Sacramento Community Police Review Commission/Office of Public Safety Accountability, and the Anaheim Police Review Board/Office of Independent Review. ● February 2, 2022: Accountability Ad Hoc meeting where we all agreed that in order to implement a successful local Accountability/Oversight model we have to have buy-in and support from all stakeholders involved as well as trust in any review board and/or independent auditor from both LE and community members. We also focused on the City of Anaheim's Accountability model and agreed to hear more from them. ● February 17, 2022: Accountability Ad Hoc meeting where we further discussed the Anaheim Accountability model, debated the necessity of subpoena power, and the authority to discipline officers.
● March 16, 2022: Accountability Ad Hoc meeting where we had a presentation from Steve Connolly, an attorney with the OIR Group (the Independent Auditors contracted by the City of Anaheim) and Anaheim Police Dept. Deputy Chief Rick Armendariz, who also worked for the Modesto Police Department for 24 years. We discussed a “Hybrid Model”

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that incorporates both the community outreach involved in having a civilian review board as well as the expertise and professionalism that an Independent Auditor/Investigator brings to the process. We also affirmed our view that what is most important in any model is buy-in, trust, transparency, and improving the relationship between community members and local law enforcement.
● March 23, 2022: Full working group meeting where the Accountability Ad Hoc group presented our tentative recommendation: Implement a Hybrid Civilian Oversight Model that includes a review board and an independent auditor/investigator.

Through this process we learned about Modesto Police Department’s existing Accountability processes in hiring, complaints, discipline, use of force and officer-involved shooting review, body and car cameras, internal affairs, audits, personnel records, racial/identity profiling, release of records, and state laws. We learned about the various accountability and oversight models that exist in numerous cities and counties, their components, as well as their successes and failures. Most importantly we learned that these models vary tremendously from jurisdiction to jurisdiction, many have worked, others haven’t, and in some places it's too early to tell. There is no “one size fits all” model and we have to find out what works best for Modesto.

Throughout these conversations we identified several important questions that guided our work and that we feel will be important moving forward in implementing and evaluating our recommendations:
● Do we feel an Independent law enforcement Accountability/Oversight model would improve relations between community members and local law enforcement? ● What documents/evidence does an Independent Auditor, Review Board, etc., have access to?
● What access does an Auditor, Board, etc., have to the Police Department? ● What is the Police Officer’s Associations (POA) access to the Auditor, Board, etc.? ● What has worked in the implementation of the various models we’ve learned about? What hasn’t?
● What would participants/stakeholders change if they could? ● We’ve heard from officers and independent auditors from Anaheim; what do members of the Review Board and other community members think about the city’s hybrid model and how it operates? Has it improved community-police relations? ● How do we ensure all stakeholders agree on how to move forward? ● How do we ensure any oversight board members and/or independent auditors are trusted and respected by all stakeholders?
We recommend that the City of Modesto begin to implement a hybrid audit/review oversight model that includes a civilian review board and an independent auditor/investigator, using the city of Anaheim’s model as a reference. The process of creating and appointing a civilian review

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board should involve significant community input and could be similar in some ways to the Forward Together process. The city of Anaheim’s model utilizes Independent Auditors hired as third party contractors. The important components of the Anaheim’s Hybrid model and their purposes are:
1) Civilian Oversight Board (COB) made up of community members:
a) Conducts monthly public meetings
b) Receives community concerns and complaints
c) Produces annual reports
d) Works closely with the police department, independent auditor, and the city to ensure transparency and community trust
2) Independent External Auditor
a) Provides Critical Incident Review and Analysis (officer-involved shootings, uses of force, internal investigations)
b) Evaluates and makes recommendations related to training c) Reviews and makes recommendations related to Department Policy d) Reviews and receives complaints and reviews internal investigations e) Provides Discipline System Integrity Assessment
f) Works closely with COB and police department to ensure transparency and community trust
g) Work products are, whenever possible, public and easily accessible4 h) Provide an annual report which identifies and explains changes made to training practices and policies and procedures, that summarizes outcomes of complaints and provides information regarding lawsuits pending and settled and sources of settlement, i. e. general fund or insurance.
3) Major Incident Review Team (MIRT):
a) Stakeholders review major incidents with the goal of improving training, tactics, equipment, policy, and discipline
We believe that developing and implementing a similar system, tailored to the needs of the City of Modesto, will be the best path forward to improving transparency and accountability and ultimately building trust between the community and the City. 4 see https://www.anaheim.net/4802/Police-Review-Board

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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 23, 2022
Date: August 17, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project CONTACT: Phillip Soares, Senior Civil Engineer, [email protected], (209) 577-5258 DESCRIPTION:

Consider approving the plans and specifications for the Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project, accepting the bid, and awarding a contract to United Pavement Maintenance, Inc. of Hughson, CA, in the amount of $7,251,603; authorizing the Director of Utilities to approve Change Orders up to the cumulative amount of $725,160; approving an Agreement with TRC Engineers, Inc. of Lathrop, CA for Construction Management and Inspection Services in an amount not to exceed $474,378, plus $47,438 for additional services, if needed, for a total amount not to exceed $521,816; and amending the Fiscal Year 2022-2023 Capital Improvement Program (CIP) budget in the amount of $1,408,995. (Funding Source: Local Measure L Funds)
STRATEGIC PLAN ELEMENT:

The Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project is consistent with the Modesto City Council’s 2020-2025 Strategic Goal D, Ensure Safe, Efficient, and Reliable Infrastructure.

BACKGROUND:

Pavement rehabilitation on Briggsmore Avenue (McHenry Avenue to Oakdale Road), includes roadway resurfacing, new signage and striping, Americans with Disabilities Act (ADA) upgrades at intersections, removal of McHenry Village entrance from Briggsmore, and signal upgrades (detection cameras) where needed. Pavement rehabilitation on Orangeburg Avenue (Coffee Road to Oakdale Road), includes roadway resurfacing, new signage and striping, ADA upgrades, and minor storm drainage system improvements at various locations. ADA improvements to residential neighborhoods include compliant ramps, pedestrian refuges, signage and striping where needed. Additional work includes installation of curb, gutter, sidewalk, drainage and lighting on Empire Avenue (Yosemite Boulevard to Tenaya Drive). #18..
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Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project

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DISCUSSION:

The project was advertised for bids on May 18, 2022. Bids were publicly opened on June 28, 2022 and United Pavement Maintenance, Inc. of Hughson, CA was the apparent low bidder.

The bid tabulation is attached.

The bid analysis is:

Number of responsive bids received 4
Number of bids within 10% of engineer’s estimate 2
Number of bids above the engineer’s estimate 4
United Pavement Maintenance’s bid is 0.72% above the engineer’s estimate and the other three bids ranged between 2.09% to 13.30% above the engineer’s estimate. Staff determined that the bid is a reasonable bid for the project and bidder competition was evident. Therefore, City Staff and the City Manager recommend awarding the contract to United Pavement Maintenance, Inc. of Hughson, CA.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to follow the formal bid procedures. An award of $7,251,603 and agreement for construction with United Pavement Maintenance, Inc. of Hughson, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and United Pavement Maintenance was the lowest responsive and responsible bidder. Therefore, City staff recommend awarding the contract to United Pavement Maintenance, Inc. of Hughson, CA.

Due to limited staffing resources and current workload, consultant assistance is necessary for proper project coverage and construction oversight, including Construction Management, Inspections, Materials Testing and Public Outreach services for the anticipated 8-month construction period.

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 recommends an agreement with TRC Engineers, Inc., to increase project delivery efficiencies.
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FISCAL IMPACT:

Funding for the construction, contingency, construction administration, and City staff engineering/design/administration support will be budgeted in the current FY 2022-2023 Capital Improvement Program budget in Accounts:
101246 – CED.Transportation Engineering and Design – Measure L - Capital Projects-3300 “Briggsmore-McHenry to Oakdale”
101248 – CED.Transportation Engineering and Design – Measure L - Capital Projects-3300 “Orangeburg Ave. Pvmt Rehab Ph1”
101250 – CED.Transportation Engineering and Design – Measure L - Capital Projects-3300 “Neighborhood ADA Program”
DESIGN BUDGET:

Engineering/Design/Administration Support – City Staff $634,000 ANTICIPATED CONSTRUCTION EXPENDITURES:

Total 101246 101248 101250
Construction Contract $7,251,603 $4,239,060 $2,444,294 $568,249 Construction Contingency (10%) $725,160 $423,906 $244,429 $56,825 Construction Management Services –
TRC Engineers Inc.
$474,379 $277,307 $159,898 $37,174
- Additional Services (if needed) $47,438 $27,731 $15,990 $3,717 Construction Admin - City Staff $58,311 $34,087 $19,655 $4,569 TOTAL ANTICIPATED EXPENDITURES: $8,556,891 $5,002,091 $2,884,266 $670,534 The funds will come from the FY 2022-2023 Measure L funds. The total budget available for the project for both Design and Construction expenditures is $7,781,896. As part of this item, a budget adjustment has been included to increase each project for the total anticipated construction expenditures. The increase needed is $1,408,995 and will come from the Local Control Measure L Local Streets and Road and Bike and Pedestrian funds.

The City’s “Change Order Approval Policy”, enacted by Council Resolution No. 2019-326 on July 9, 2019, established a contract change order budget of 8% for projects over $1 Million.

However, City staff is requesting authorization to increase the contract change order budget to 10% due to the design build elements in the project. While the contingency policy is utilized for each 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.

COMMITTEE RECOMMENDATION:

On April 5, 2021, the Economic Development Committee approved a list of upcoming Capital Improvement projects for Council approval to award, which included the Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project.
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Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project

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CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through a Categorical Exemption under CEQA Section 15301, EA/CEDD 2021-22, filed September 9, 2021.

RECOMMENDED COUNCIL ACTION:

Staff Recommendation:

Resolution approving the plans and specifications for the Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project, accepting the bid, and awarding a contract to United Pavement Maintenance, Inc. of Hughson, CA, in the amount of $7,251,603, and authorizing the City Manager, or his designee to execute the Agreement.

Resolution authorizing the Director of Utilities to approve Change Orders up to the cumulative amount of $725,160 (10% of the original contract price) for the Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project.

Resolution approving an Agreement with TRC Engineers, Inc. of Lathrop, CA for Construction Management and Inspection Services for the Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project in an amount not to exceed $474,378, plus $47,438 for additional services, if needed, for a total amount not to exceed $521,816, and authorizing the City Manager, or his designee to execute the Agreement.

Resolution amending the Fiscal Year 2022-2023 Capital Improvement Program (CIP) budget, Project #101246, #101248, and #101250 in the amount of $1,408,995, and increasing the transfer from the Measure L – Local Road Tax Fund to fund the project and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this resolution.

Approved by:

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

1. Resolutions (4)

2. Bid Results

3. Contract with United Pavement Maintenance, Inc.

4. Agreement with TRC Engineers, Inc.

5. Exhibit “A” Scope of Services

6. Exhibit “B” Cost of Services
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8/9/2022/CED/SOARES 1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE

BRIGGSMORE AVENUE AND ORANGEBURG AVENUE PAVEMENT

REHABILITATION PROJECT, ACCEPTING THE BID, AND AWARDING A CONTRACT TO UNITED PAVEMENT MAINTENANCE, INC. OF HUGHSON, CA, IN THE AMOUNT OF $7,251,603 AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE TO EXECUTE THE AGREEMENT
WHEREAS, plans and specifications have been prepared for the Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project, and City staff recommends approval by the City Council; and
WHEREAS, the bids received for the Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project, were publicly opened at 11:00 a.m. on June 28, 2022, and later tabulated by the Director of Community and Economic Development for the consideration of Council; and
WHEREAS, the Director of Community and Economic Development has recommended that the bid of $7,251,603 received from United Pavement Maintenance, Inc. of Hughson, California be accepted as the lowest responsible and responsive bid and the contract be awarded to United Pavement Maintenance, Inc.; and WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services, to follow the formal bid procedures; and
WHEREAS, an award of $7,251,603 and agreement for construction for Community and Economic Development Department to use United Pavement Maintenance, Inc. of Hughson, California, conforms to the Modesto Municipal Code #18..
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8/9/2022/CED/SOARES 2 2022-
because the City complied with the formal bid procedures and United Pavement Maintenance, Inc. of Hughson, California, was the lowest responsive bidder.

NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves the plans and specifications for the Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project, accepts the bid of United Pavement Maintenance, Inc. of Hughson, California, in the amount of $7,251,603 and awards United Pavement Maintenance, Inc. the contract for the Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project.

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. #18..
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8/9/2022/CED/SOARES 3 2022-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 23rd day of August, 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:

DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY:

JOSE M. SANCHEZ, City Attorney
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8/9/2022/CED/P. Soares 1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION AUTHORIZING THE DIRECTOR OF UTILITIES TO

APPROVE CHANGE ORDERS UP TO THE CUMULATIVE AMOUNT OF
$725,160 (10% OF THE ORIGINAL CONTRACT PRICE) FOR THE

BRIGGSMORE AVENUE AND ORANGEBURG AVENUE PAVEMENT

REHABILITATION PROJECT
WHEREAS, Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project bids were publicly opened on June 28, 2022, and United Pavement Maintenance, Inc. of Hughson, California, was the apparent low bidder with the amount of $7,251,603; and
WHEREAS, due to the design build elements in the project, the contingency cost for the Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project is estimated to be $725,160 (10% of the original contract price), an amount which exceeds the Director’s authority for the project as enacted by Council Resolution No. 2019-326 on July 9, 2019.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby authorizes the Director of Utilities to approve change orders up to the cumulative amount of $725,160 (10% of the original contract price). #18..
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8/9/2022/CED/P. Soares 2 2022-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 23rd day of August, 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: _________________________________
DIANE NAYARES-PEREZ, 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 BRIGGSMORE AVENUE AND

ORANGEBURG AVENUE PAVEMENT REHABILITATION PROJECT IN AN AMOUNT NOT TO EXCEED $474,378, PLUS $47,438 FOR ADDITIONAL SERVICES, IF NEEDED, FOR A TOTAL AMOUNT NOT TO EXCEED $521,816,

AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE TO

EXECUTE THE AGREEMENT
WHEREAS, due to limited staffing resources and current workload, consultant assistance is necessary for proper project coverage and construction oversight, including Construction Management, Inspections, Materials Testing and Public Outreach services for the anticipated 8-month construction period; 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
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 #18..
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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 is recommending an agreement with TRC Engineers, Inc., 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. of Lathrop, CA for Construction Management and Inspection Services for the Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project in an amount not to exceed $474,378, plus $47,438 for additional services, if needed, for a total amount not to exceed $521,816.

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 23rd day of August, 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:

DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
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BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION AMENDING THE FISCAL YEAR 2022-2023 CAPITAL
IMPROVEMENT PROGRAM (CIP) BUDGET, PROJECT #101246, #101248, and #101250 IN THE AMOUNT OF $1,408,995 AND INCREASING THE TRANSFER

FROM THE MEASURE L -LOCAL ROAD TAX FUND TO FUND THE PROJECT

AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO TAKE

THE NECESSARY STEPS TO IMPLEMENT THE PROVISIONS OF THIS

RESOLUTION
WHEREAS, pavement rehabilitation on Briggsmore Avenue (McHenry Avenue to Oakdale Road), includes roadway resurfacing, new signage and striping, ADA upgrades at intersections, removal of McHenry Village entrance, and signal upgrades (detection cameras) where needed; and
WHEREAS, pavement rehabilitation on Orangeburg Avenue (Coffee Road to Oakdale Road), includes roadway resurfacing, new signage and striping, ADA upgrades, and minor storm drainage system improvements at various locations; and WHEREAS, ADA improvements to residential neighborhoods include compliant ramps, pedestrian refuges, signage and striping where needed; and WHEREAS, additional work includes installation of curb, gutter, sidewalk and lighting on Empire Avenue (Yosemite Boulevard to Tenaya Drive); and WHEREAS, the project was advertised for bid on May 18, 2022 and bids were publicly opened on June 28, 2022; and
WHEREAS, additional funding in the amount of $1,408,995 is needed for the project related to the construction contract and sufficient funds are available in the Measure L Local Road Tax Fund; and
WHEREAS, the City Council shall consider amending the Capital Improvement Program (CIP) budget to increase the transfer of $1,408,995 from the Measure L Road Tax #18..
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fund to Project #101246, #101248, and #101250 in the amount of $1,408,995 to fully fund the projects and encumber the construction contract.

NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Modesto that it hereby amends the Fiscal Year 2022-2023 Capital Improvement Program (CIP) Budget Project #101246, #101248, and #101250 in the amount of $1,408,995 and increasing the transfer from the Measure L Road Tax fund to fund the projects.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provision of this resolution.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DIANE NAYARES-PEREZ, City Clerk
APPROVED AS TO FORM:

BY:

JOSE M. SANCHEZ, City Attorney
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Bid Tabulation Tuesday, June 28, 2022
Project Title: Briggsmore Avenue and Orangeburg Avenue
Pavement Rehabilitation Project
Project ID #: 2022-20
Vault ID #: 20-D-0717
Account #: 101246, 101248, 101250
Bid Opening: 6/28/2022 at 11:00 AM
Basis of Award: By Blind Bid Designer: Michael Sacuskie Design Manager: Phillip Soares
Project Description: Pavement rehabilitation on Briggsmore Avenue (McHenry Avenue to Oakdale Road). Pavement rehabilitation on Orangeburg Avenue (Coffee Road to Oakdale Road). Installation of curb, gutter and sidewalk on Empire Avenue (Yosemite Boulevard to Tenaya Drive).

Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
United Pavement Maintenance, Inc.
(209) 883-4345, Fax (209) 883-2238 (P.O. Box 1017) 7017 Hughson Avenue, Hughson, CA 95326 Base Bid
BRIGGSMORE AVENUE PAVEMENT REHABILITATION (MCHENRY AVENUE TO OAKDALE ROAD) (101246) 1 Water Pollution Control Plan (WPCP) LS 1 $19,764.00 $19,764.00 2 Lead Compliance Plan LS 1 $3,672.00 $3,672.00
3 Traffic Control and Construction Area Signs LS 1 $141,287.00 $141,287.00 4 Portable Changeable Message Sign EA 6 $3,000.00 $18,000.00 5 Monument Preservation LS 1 $15,490.00 $15,490.00
6 Curb Ramp Asbuilt Inspection Forms LS 1 $16,200.00 $16,200.00 7 ADA Ramp and Sidewalk Field Design, Layout LS 1 $37,865.00 $37,865.00 and Staking
8 Sawcut PCC and AC LF 2,500 $4.00 $10,000.00
9 Demolition LS 1 $97,015.00 $97,015.00
10 Remove Existing Pavement and Install 6" LS 1 $6,000.00 $6,000.00 Cobble Stone (McHenry Village Entrance)
11 Remove and Replace Concrete Curb and Gutter LF 1,250 $65.00 $81,250.00 12 Remove and Replace Concrete Flatwork SF 6,850 $20.00 $137,000.00 13 Cast Iron Detectable Warning Plate SF 525 $50.00 $26,250.00 14 Place Hot Mix Asphalt at Miscellaneous Areas SF 3,750 $8.28 $31,050.00 15 Cold Plane Asphalt Concrete 0.17' Deep SF 1,077,050 $0.28 $301,574.00 16 Sweeping LS 1 $84,000.00 $84,000.00
17 Surface Preparation LS 1 $16,200.00 $16,200.00
18 Asphalt Rubber Chip Seal (3/8" Aggregate) SY 119,672 $5.22 $624,687.84 19 Type A Hot Mix Asphalt 0.17' Thick TON 13,732 $122.00 $1,675,304.00 20 Concrete Median Islands SF 6,736 $26.00 $175,136.00
21 Remove and Replace Catch Basin with Type I EA 2 $7,500.00 $15,000.00 22 Remove and Replace Pull Box EA 14 $1,620.00 $22,680.00 23 Install Detector Handhole (McHenry and EA 11 $1,188.00 $13,068.00 Briggsmore Intersection)
24 Temporary Vehicle Detection Cameras During EA 2 $14,040.00 $28,080.00 Construction (McHenry and Briggsmore)
25 Install 1.5" Conduit for Vehicle Detection LF 20 $108.00 $2,160.00 26 Install 2" Conduit for Vehicle Detection LF 250 $118.00 $29,500.00 27 Vehicle Detection Loops EA 46 $1,188.00 $54,648.00
28 Vehicle Detection Cameras EA 16 $11,340.00 $181,440.00 29 Install Pedestrian Push Buttons and Post EA 2 $540.00 $1,080.00 #18..
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Item # Item Description Units Quantity Unit Price Extension 30 Remove and Replace Pedestrian Push Buttons EA 46 $1,188.00 $54,648.00 31 Adjust Storm Drain Manhole to Finished Grade EA 10 $900.00 $9,000.00 32 Adjust Sewer Manhole to Finished Grade EA 6 $900.00 $5,400.00 33 Adjust Detector Handhole to Finished Grade EA 11 $1,100.00 $12,100.00 34 Adjust Monument Well to Finished Grade EA 21 $655.00 $13,755.00 35 Adjust Water Valve to Finished Grade EA 62 $655.00 $40,610.00 36 Removal and Installation of Striping, Markings LS 1 $125,696.00 $125,696.00 and Signage
37 Pavement Marking (Shamrock Green Bicycle SF 10,960 $10.26 $112,449.60 Lane Coloring)

ORANGEBURG AVENUE PAVEMENT REHABILITATION (COFFEE ROAD TO OAKDALE ROAD) (INCLUDES PLAN SHEET 5) (101248)
38 Water Pollution Control Plan (WPCP) LS 1 $10,476.00 $10,476.00 39 Lead Compliance Plan LS 1 $3,132.00 $3,132.00
40 Traffic Control and Construction Area Signs LS 1 $88,980.00 $88,980.00 41 Portable Changeable Message Sign EA 2 $2,000.00 $4,000.00 42 Monument Preservation LS 1 $38,620.00 $38,620.00
43 Curb Ramp Asbuilt Inspection Forms LS 1 $5,600.00 $5,600.00 44 ADA Ramp and Sidewalk Field Design, Layout LS 1 $22,794.00 $22,794.00 and Staking
45 Sawcut PCC and AC LF 3,000 $4.00 $12,000.00
46 Demolition LS 1 $35,000.00 $35,000.00
47 Remove and Replace Concrete Curb and Gutter LF 2,200 $65.00 $143,000.00 48 Remove and Replace Concrete Flatwork SF 11,000 $20.00 $220,000.00 49 Cast Iron Detectable Warning Plate SF 675 $50.00 $33,750.00 50 Cold Plane Asphalt Concrete 0.17' Deep SF 211,237 $0.32 $67,595.84 51 Sweeping LS 1 $29,600.00 $29,600.00
52 Surface Preparation LS 1 $10,000.00 $10,000.00
53 Asphalt Rubber Chip Seal (3/8" Aggregate) SY 23,470 $5.22 $122,513.40 54 Type A Hot Mix Asphalt 0.17' Thick TON 2,693 $122.00 $328,546.00 55 Remove and Replace Catch Basin with Type I EA 2 $7,500.00 $15,000.00 56 Place Hot Mix Asphalt at Miscellaneous Areas SF 6,750 $8.28 $55,890.00 57 Remove and Replace Pull Box EA 4 $1,620.00 $6,480.00 58 Vehicle Detection Cameras EA 2 $13,500.00 $27,000.00 59 Remove and Replace Pedestrian Push Buttons EA 8 $1,296.00 $10,368.00 60 Adjust Storm Drain Manhole Covers to Finished EA 1 $900.00 $900.00 Grade
61 Adjust Sewer Manhole to Finished Grade EA 22 $900.00 $19,800.00 62 Adjust Water Valve to Finished Grade EA 25 $655.00 $16,375.00 63 Adjust Rockwell Frame to Finished Grade EA 4 $3,000.00 $12,000.00 64 Tully Road Rockwell and Catch Basin LS 1 $19,774.00 $19,774.00 65 La Loma Avenue Trench Plate and Rip/Rap LS 1 $23,752.00 $23,752.00 66 Removal and Installation of Striping, Markings LS 1 $75,443.00 $75,443.00 and Signage
NEIGHBORHOOD ADA RAMP PROJECT (PLAN SHEETS 3 AND 4) (101250) 67 Water Pollution Control Plan (WPCP) LS 1 $5,832.00 $5,832.00 68 Lead Compliance Plan LS 1 $2,592.00 $2,592.00
69 Traffic Control and Construction Area Signs LS 1 $35,400.00 $35,400.00 70 Monument Preservation LS 1 $37,616.00 $37,616.00
71 Curb Ramp Asbuilt Inspection Forms LS 1 $16,800.00 $16,800.00 72 ADA Ramp and Sidewalk Field Design, Layout LS 1 $25,958.00 $25,958.00 and Staking
73 Sawcut PCC and AC LF 2,500 $4.00 $10,000.00
74 Demolition LS 1 $22,697.00 $22,697.00
75 Remove and Replace Concrete Curb and Gutter LF 2,000 $65.00 $130,000.00 #18..
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Item # Item Description Units Quantity Unit Price Extension 76 Remove and Replace Concrete Flatwork SF 9,000 $20.00 $180,000.00 77 Cast Iron Detectable Warning Plate SF 630 $50.00 $31,500.00 78 Remove and Replace Catch Basin with Type I EA 1 $7,500.00 $7,500.00 79 DELETED $0.00
80 Place Hot Mix Asphalt at Miscellaneous Areas SF 6,300 $8.28 $52,164.00 81 Repair and Reinstall Striping, Markings and LS 1 $8,570.00 $8,570.00 Signage at Curb Ramp Locations
82 Remove and Replace Pull Box EA 1 $1,620.00 $1,620.00 Subtotal: $6,265,697.68
BID ALTERNATE #1: EMPIRE AVENUE (TENAYA DRIVE TO LAPHAM DRIVE) (101248) 101 Water Pollution Control Plan (WPCP) LS 1 $5,832.00 $5,832.00 102 Lead Compliance Plan LS 1 $2,592.00 $2,592.00
103 Traffic Control and Construction Area Signs LS 1 $20,940.00 $20,940.00 104 Monument Preservation LS 1 $5,315.00 $5,315.00
105 Curb Ramp Asbuilt Inspection Forms LS 1 $4,500.00 $4,500.00 106 ADA Ramp and Sidewalk Field Design, Layout LS 1 $7,832.00 $7,832.00 and Staking
107 Temporary Construction Easement and Flagging LS 1 $10,000.00 $10,000.00 Operations for M&ET Railroad
108 Sawcut PCC and AC LF 2,520 $4.00 $10,080.00
109 Demolition LS 1 $34,136.00 $34,136.00
110 Remove Trees EA 3 $2,500.00 $7,500.00
111 Grind and Remove Tree Stump EA 5 $500.00 $2,500.00
112 Concrete Curb and Gutter LF 1,050 $60.00 $63,000.00 113 Driveover Curb and Gutter LF 885 $65.00 $57,525.00
114 Concrete Flatwork SF 12,340 $15.00 $185,100.00
115 Cast Iron Detectable Warning Plate SF 120 $50.00 $6,000.00 116 Remove and Replace Catch Basin with Type I EA 7 $6,000.00 $42,000.00 117 Rockwell and Manhole EA 6 $18,000.00 $108,000.00
118 8" Storm Pipe for Rockwell LF 52 $300.00 $15,600.00 119 Concrete Driveway 8” Thick per City Detail 1009 SF 1,155 $19.00 $21,945.00 120 Place Hot Mix Asphalt at Miscellaneous Areas SF 11,515 $7.40 $85,211.00 121 Cold Plane Asphalt Concrete 0.12' Deep SF 55,150 $0.32 $17,648.00 122 Sweeping LS 1 $4,000.00 $4,000.00
123 Surface Preparation LS 1 $3,250.00 $3,250.00
124 Asphalt Rubber Chip Seal (3/8" Aggregate) SY 6,127 $5.22 $31,982.94 125 Type A Hot Mix Asphalt 0.12' Thick TON 496 $152.18 $75,481.28 126 Street Light Conduit LF 1,500 $27.00 $40,500.00
127 Street Lights EA 3 $10,800.00 $32,400.00
128 MID Connection EA 1 $6,480.00 $6,480.00
129 Service Pedestal LS 1 $8,640.00 $8,640.00
130 Adjust Storm Drain Manhole Covers to Finished EA 7 $1,300.00 $9,100.00 Grade
131 Adjust Sewer Manhole to Finished Grade EA 3 $1,300.00 $3,900.00 132 Adjust Monument Well to Finished Grade EA 1 $1,025.00 $1,025.00 133 Adjust Water Valve to Finished Grade EA 26 $1,025.00 $26,650.00 134 Adjust Water Meter Box to Finished Grade EA 2 $1,275.00 $2,550.00 135 Adjust Sewer Cleanout to Finished Grade EA 2 $1,000.00 $2,000.00 136 Remove and Replace Pull Box EA 3 $1,500.00 $4,500.00 137 Removal and Installation of Striping, Markings LS 1 $20,190.00 $20,190.00 and Signage
Subtotal: $985,905.22
Total: $7,251,602.90
Percent From Engineer's Estimate: 0.72%
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Item # Item Description Units Quantity Unit Price Extension DSS Company dba Knife River Construction
(209) 932-2100 P.O. Box 6099 Stockton CA 95206
Base Bid
BRIGGSMORE AVENUE PAVEMENT REHABILITATION (MCHENRY AVENUE TO OAKDALE ROAD) (101246) 1 Water Pollution Control Plan (WPCP) LS 1 $10,300.00 $10,300.00 2 Lead Compliance Plan LS 1 $1,600.00 $1,600.00
3 Traffic Control and Construction Area Signs LS 1 $502,000.00 $502,000.00 4 Portable Changeable Message Sign EA 6 $6,700.00 $40,200.00 5 Monument Preservation LS 1 $15,500.00 $15,500.00
6 Curb Ramp Asbuilt Inspection Forms LS 1 $1,500.00 $1,500.00 7 ADA Ramp and Sidewalk Field Design, Layout LS 1 $10,175.00 $10,175.00 and Staking
8 Sawcut PCC and AC LF 2,500 $5.50 $13,750.00
9 Demolition LS 1 $50,000.00 $50,000.00
10 Remove Existing Pavement and Install 6" LS 1 $17,300.00 $17,300.00 Cobble Stone (McHenry Village Entrance)
11 Remove and Replace Concrete Curb and Gutter LF 1,250 $66.00 $82,500.00 12 Remove and Replace Concrete Flatwork SF 6,850 $16.00 $109,600.00 13 Cast Iron Detectable Warning Plate SF 525 $55.00 $28,875.00 14 Place Hot Mix Asphalt at Miscellaneous Areas SF 3,750 $13.50 $50,625.00 15 Cold Plane Asphalt Concrete 0.17' Deep SF 1,077,050 $0.14 $150,787.00 16 Sweeping LS 1 $128,800.00 $128,800.00
17 Surface Preparation LS 1 $24,800.00 $24,800.00
18 Asphalt Rubber Chip Seal (3/8" Aggregate) SY 119,672 $4.50 $538,524.00 19 Type A Hot Mix Asphalt 0.17' Thick TON 13,732 $124.00 $1,702,768.00 20 Concrete Median Islands SF 6,736 $12.00 $80,832.00
21 Remove and Replace Catch Basin with Type I EA 2 $6,300.00 $12,600.00 22 Remove and Replace Pull Box EA 14 $1,600.00 $22,400.00 23 Install Detector Handhole (McHenry and EA 11 $1,150.00 $12,650.00 Briggsmore Intersection)
24 Temporary Vehicle Detection Cameras During EA 2 $13,500.00 $27,000.00 Construction (McHenry and Briggsmore)
25 Install 1.5" Conduit for Vehicle Detection LF 20 $110.00 $2,200.00 26 Install 2" Conduit for Vehicle Detection LF 250 $120.00 $30,000.00 27 Vehicle Detection Loops EA 46 $1,150.00 $52,900.00
28 Vehicle Detection Cameras EA 16 $11,000.00 $176,000.00 29 Install Pedestrian Push Buttons and Post EA 2 $525.00 $1,050.00 30 Remove and Replace Pedestrian Push Buttons EA 46 $1,150.00 $52,900.00 31 Adjust Storm Drain Manhole to Finished Grade EA 10 $1,150.00 $11,500.00 32 Adjust Sewer Manhole to Finished Grade EA 6 $1,150.00 $6,900.00 33 Adjust Detector Handhole to Finished Grade EA 11 $1,150.00 $12,650.00 34 Adjust Monument Well to Finished Grade EA 21 $1,150.00 $24,150.00 35 Adjust Water Valve to Finished Grade EA 62 $1,150.00 $71,300.00 36 Removal and Installation of Striping, Markings LS 1 $128,000.00 $128,000.00 and Signage
37 Pavement Marking (Shamrock Green Bicycle SF 10,960 $10.50 $115,080.00 Lane Coloring)

ORANGEBURG AVENUE PAVEMENT REHABILITATION (COFFEE ROAD TO OAKDALE ROAD) (INCLUDES PLAN SHEET 5) (101248)
38 Water Pollution Control Plan (WPCP) LS 1 $2,800.00 $2,800.00 39 Lead Compliance Plan LS 1 $1,600.00 $1,600.00
40 Traffic Control and Construction Area Signs LS 1 $190,000.00 $190,000.00 41 Portable Changeable Message Sign EA 2 $5,700.00 $11,400.00 42 Monument Preservation LS 1 $39,000.00 $39,000.00
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Item # Item Description Units Quantity Unit Price Extension 43 Curb Ramp Asbuilt Inspection Forms LS 1 $4,500.00 $4,500.00 44 ADA Ramp and Sidewalk Field Design, Layout LS 1 $29,000.00 $29,000.00 and Staking
45 Sawcut PCC and AC LF 3,000 $9.00 $27,000.00
46 Demolition LS 1 $27,000.00 $27,000.00
47 Remove and Replace Concrete Curb and Gutter LF 2,200 $68.00 $149,600.00 48 Remove and Replace Concrete Flatwork SF 11,000 $16.00 $176,000.00 49 Cast Iron Detectable Warning Plate SF 675 $107.00 $72,225.00 50 Cold Plane Asphalt Concrete 0.17' Deep SF 211,237 $0.25 $52,809.25 51 Sweeping LS 1 $59,000.00 $59,000.00
52 Surface Preparation LS 1 $16,000.00 $16,000.00
53 Asphalt Rubber Chip Seal (3/8" Aggregate) SY 23,470 $4.30 $100,921.00 54 Type A Hot Mix Asphalt 0.17' Thick TON 2,693 $131.00 $352,783.00 55 Remove and Replace Catch Basin with Type I EA 2 $6,300.00 $12,600.00 56 Place Hot Mix Asphalt at Miscellaneous Areas SF 6,750 $14.50 $97,875.00 57 Remove and Replace Pull Box EA 4 $1,600.00 $6,400.00 58 Vehicle Detection Cameras EA 2 $13,500.00 $27,000.00 59 Remove and Replace Pedestrian Push Buttons EA 8 $1,300.00 $10,400.00 60 Adjust Storm Drain Manhole Covers to Finished EA 1 $1,100.00 $1,100.00 Grade
61 Adjust Sewer Manhole to Finished Grade EA 22 $1,100.00 $24,200.00 62 Adjust Water Valve to Finished Grade EA 25 $1,100.00 $27,500.00 63 Adjust Rockwell Frame to Finished Grade EA 4 $1,200.00 $4,800.00 64 Tully Road Rockwell and Catch Basin LS 1 $20,500.00 $20,500.00 65 La Loma Avenue Trench Plate and Rip/Rap LS 1 $13,000.00 $13,000.00 66 Removal and Installation of Striping, Markings LS 1 $77,000.00 $77,000.00 and Signage
NEIGHBORHOOD ADA RAMP PROJECT (PLAN SHEETS 3 AND 4) (101250) 67 Water Pollution Control Plan (WPCP) LS 1 $2,800.00 $2,800.00 68 Lead Compliance Plan LS 1 $1,600.00 $1,600.00
69 Traffic Control and Construction Area Signs LS 1 $54,000.00 $54,000.00 70 Monument Preservation LS 1 $38,000.00 $38,000.00
71 Curb Ramp Asbuilt Inspection Forms LS 1 $3,000.00 $3,000.00 72 ADA Ramp and Sidewalk Field Design, Layout LS 1 $17,000.00 $17,000.00 and Staking
73 Sawcut PCC and AC LF 2,500 $4.80 $12,000.00
74 Demolition LS 1 $16,000.00 $16,000.00
75 Remove and Replace Concrete Curb and Gutter LF 2,000 $66.00 $132,000.00 76 Remove and Replace Concrete Flatwork SF 9,000 $16.00 $144,000.00 77 Cast Iron Detectable Warning Plate SF 630 $66.50 $41,895.00 78 Remove and Replace Catch Basin with Type I EA 1 $6,900.00 $6,900.00 79 DELETED $0.00
80 Place Hot Mix Asphalt at Miscellaneous Areas SF 6,300 $14.30 $90,090.00 81 Repair and Reinstall Striping, Markings and LS 1 $8,700.00 $8,700.00 Signage at Curb Ramp Locations
82 Remove and Replace Pull Box EA 1 $1,600.00 $1,600.00 Subtotal: $6,523,314.25
BID ALTERNATE #1: EMPIRE AVENUE (TENAYA DRIVE TO LAPHAM DRIVE) (101248) 101 Water Pollution Control Plan (WPCP) LS 1 $4,700.00 $4,700.00 102 Lead Compliance Plan LS 1 $1,600.00 $1,600.00
103 Traffic Control and Construction Area Signs LS 1 $65,000.00 $65,000.00 104 Monument Preservation LS 1 $5,200.00 $5,200.00
105 Curb Ramp Asbuilt Inspection Forms LS 1 $500.00 $500.00 #18..
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Item # Item Description Units Quantity Unit Price Extension 106 ADA Ramp and Sidewalk Field Design, Layout LS 1 $9,800.00 $9,800.00 and Staking
107 Temporary Construction Easement and Flagging LS 1 $11,000.00 $11,000.00 Operations for M&ET Railroad
108 Sawcut PCC and AC LF 2,520 $4.50 $11,340.00
109 Demolition LS 1 $45,000.00 $45,000.00
110 Remove Trees EA 3 $3,400.00 $10,200.00
111 Grind and Remove Tree Stump EA 5 $2,300.00 $11,500.00 112 Concrete Curb and Gutter LF 1,050 $29.00 $30,450.00 113 Driveover Curb and Gutter LF 885 $31.00 $27,435.00
114 Concrete Flatwork SF 12,340 $7.50 $92,550.00
115 Cast Iron Detectable Warning Plate SF 120 $66.00 $7,920.00 116 Remove and Replace Catch Basin with Type I EA 7 $6,000.00 $42,000.00 117 Rockwell and Manhole EA 6 $11,000.00 $66,000.00
118 8" Storm Pipe for Rockwell LF 52 $160.00 $8,320.00
119 Concrete Driveway 8” Thick per City Detail 1009 SF 1,155 $21.00 $24,255.00 120 Place Hot Mix Asphalt at Miscellaneous Areas SF 11,515 $5.00 $57,575.00 121 Cold Plane Asphalt Concrete 0.12' Deep SF 55,150 $0.30 $16,545.00 122 Sweeping LS 1 $23,000.00 $23,000.00
123 Surface Preparation LS 1 $3,700.00 $3,700.00
124 Asphalt Rubber Chip Seal (3/8" Aggregate) SY 6,127 $4.30 $26,346.10 125 Type A Hot Mix Asphalt 0.12' Thick TON 496 $140.00 $69,440.00 126 Street Light Conduit LF 1,500 $27.00 $40,500.00
127 Street Lights EA 3 $11,000.00 $33,000.00
128 MID Connection EA 1 $6,500.00 $6,500.00
129 Service Pedestal LS 1 $8,500.00 $8,500.00
130 Adjust Storm Drain Manhole Covers to Finished EA 7 $1,100.00 $7,700.00 Grade
131 Adjust Sewer Manhole to Finished Grade EA 3 $1,100.00 $3,300.00 132 Adjust Monument Well to Finished Grade EA 1 $1,100.00 $1,100.00 133 Adjust Water Valve to Finished Grade EA 26 $1,100.00 $28,600.00 134 Adjust Water Meter Box to Finished Grade EA 2 $300.00 $600.00 135 Adjust Sewer Cleanout to Finished Grade EA 2 $300.00 $600.00 136 Remove and Replace Pull Box EA 3 $1,600.00 $4,800.00 137 Removal and Installation of Striping, Markings LS 1 $20,500.00 $20,500.00 and Signage
Subtotal: $827,076.10
Total: $7,350,390.35
Percent From Engineer's Estimate: 2.09%
George Reed, Inc.
(209) 523-0734 P.O. Box 4760 Modesto CA 95352
Base Bid
BRIGGSMORE AVENUE PAVEMENT REHABILITATION (MCHENRY AVENUE TO OAKDALE ROAD) (101246) 1 Water Pollution Control Plan (WPCP) LS 1 $7,500.00 $7,500.00 2 Lead Compliance Plan LS 1 $2,500.00 $2,500.00
3 Traffic Control and Construction Area Signs LS 1 $433,000.00 $433,000.00 4 Portable Changeable Message Sign EA 6 $5,000.00 $30,000.00 5 Monument Preservation LS 1 $15,000.00 $15,000.00
6 Curb Ramp Asbuilt Inspection Forms LS 1 $5,000.00 $5,000.00 7 ADA Ramp and Sidewalk Field Design, Layout LS 1 $12,000.00 $12,000.00 and Staking
8 Sawcut PCC and AC LF 2,500 $4.50 $11,250.00
9 Demolition LS 1 $30,000.00 $30,000.00
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Item # Item Description Units Quantity Unit Price Extension 10 Remove Existing Pavement and Install 6" LS 1 $20,000.00 $20,000.00 Cobble Stone (McHenry Village Entrance)
11 Remove and Replace Concrete Curb and Gutter LF 1,250 $80.00 $100,000.00 12 Remove and Replace Concrete Flatwork SF 6,850 $16.00 $109,600.00 13 Cast Iron Detectable Warning Plate SF 525 $65.00 $34,125.00 14 Place Hot Mix Asphalt at Miscellaneous Areas SF 3,750 $13.00 $48,750.00 15 Cold Plane Asphalt Concrete 0.17' Deep SF 1,077,050 $0.35 $376,967.50 16 Sweeping LS 1 $60,000.00 $60,000.00
17 Surface Preparation LS 1 $15,500.00 $15,500.00
18 Asphalt Rubber Chip Seal (3/8" Aggregate) SY 119,672 $4.00 $478,688.00 19 Type A Hot Mix Asphalt 0.17' Thick TON 13,732 $135.00 $1,853,820.00 20 Concrete Median Islands SF 6,736 $28.00 $188,608.00
21 Remove and Replace Catch Basin with Type I EA 2 $14,000.00 $28,000.00 22 Remove and Replace Pull Box EA 14 $1,500.00 $21,000.00 23 Install Detector Handhole (McHenry and EA 11 $1,100.00 $12,100.00 Briggsmore Intersection)
24 Temporary Vehicle Detection Cameras During EA 2 $13,000.00 $26,000.00 Construction (McHenry and Briggsmore)
25 Install 1.5" Conduit for Vehicle Detection LF 20 $100.00 $2,000.00 26 Install 2" Conduit for Vehicle Detection LF 250 $110.00 $27,500.00 27 Vehicle Detection Loops EA 46 $1,100.00 $50,600.00
28 Vehicle Detection Cameras EA 16 $10,600.00 $169,600.00 29 Install Pedestrian Push Buttons and Post EA 2 $500.00 $1,000.00 30 Remove and Replace Pedestrian Push Buttons EA 46 $1,100.00 $50,600.00 31 Adjust Storm Drain Manhole to Finished Grade EA 10 $1,800.00 $18,000.00 32 Adjust Sewer Manhole to Finished Grade EA 6 $1,800.00 $10,800.00 33 Adjust Detector Handhole to Finished Grade EA 11 $1,100.00 $12,100.00 34 Adjust Monument Well to Finished Grade EA 21 $900.00 $18,900.00 35 Adjust Water Valve to Finished Grade EA 62 $900.00 $55,800.00 36 Removal and Installation of Striping, Markings LS 1 $117,000.00 $117,000.00 and Signage
37 Pavement Marking (Shamrock Green Bicycle SF 10,960 $9.55 $104,668.00 Lane Coloring)

ORANGEBURG AVENUE PAVEMENT REHABILITATION (COFFEE ROAD TO OAKDALE ROAD) (INCLUDES PLAN SHEET 5) (101248)
38 Water Pollution Control Plan (WPCP) LS 1 $5,000.00 $5,000.00 39 Lead Compliance Plan LS 1 $1,500.00 $1,500.00
40 Traffic Control and Construction Area Signs LS 1 $282,000.00 $282,000.00 41 Portable Changeable Message Sign EA 2 $5,000.00 $10,000.00 42 Monument Preservation LS 1 $12,500.00 $12,500.00
43 Curb Ramp Asbuilt Inspection Forms LS 1 $15,000.00 $15,000.00 44 ADA Ramp and Sidewalk Field Design, Layout LS 1 $20,000.00 $20,000.00 and Staking
45 Sawcut PCC and AC LF 3,000 $4.50 $13,500.00
46 Demolition LS 1 $22,000.00 $22,000.00
47 Remove and Replace Concrete Curb and Gutter LF 2,200 $84.00 $184,800.00 48 Remove and Replace Concrete Flatwork SF 11,000 $17.00 $187,000.00 49 Cast Iron Detectable Warning Plate SF 675 $75.00 $50,625.00 50 Cold Plane Asphalt Concrete 0.17' Deep SF 211,237 $0.25 $52,809.25 51 Sweeping LS 1 $45,000.00 $45,000.00
52 Surface Preparation LS 1 $10,000.00 $10,000.00
53 Asphalt Rubber Chip Seal (3/8" Aggregate) SY 23,470 $4.00 $93,880.00 54 Type A Hot Mix Asphalt 0.17' Thick TON 2,693 $130.00 $350,090.00 55 Remove and Replace Catch Basin with Type I EA 2 $1,200.00 $2,400.00 56 Place Hot Mix Asphalt at Miscellaneous Areas SF 6750 $15.00 $101,250.00 #18..
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Item # Item Description Units Quantity Unit Price Extension 57 Remove and Replace Pull Box EA 4 $1,500.00 $6,000.00 58 Vehicle Detection Cameras EA 2 $12,500.00 $25,000.00 59 Remove and Replace Pedestrian Push Buttons EA 8 $1,200.00 $9,600.00 60 Adjust Storm Drain Manhole Covers to Finished EA 1 $1,800.00 $1,800.00 Grade
61 Adjust Sewer Manhole to Finished Grade EA 22 $1,800.00 $39,600.00 62 Adjust Water Valve to Finished Grade EA 25 $900.00 $22,500.00 63 Adjust Rockwell Frame to Finished Grade EA 4 $800.00 $3,200.00 64 Tully Road Rockwell and Catch Basin LS 1 $28,000.00 $28,000.00 65 La Loma Avenue Trench Plate and Rip/Rap LS 1 $21,200.00 $21,200.00 66 Removal and Installation of Striping, Markings LS 1 $70,700.00 $70,700.00 and Signage
NEIGHBORHOOD ADA RAMP PROJECT (PLAN SHEETS 3 AND 4) (101250) 67 Water Pollution Control Plan (WPCP) LS 1 $3,500.00 $3,500.00 68 Lead Compliance Plan LS 1 $1,500.00 $1,500.00
69 Traffic Control and Construction Area Signs LS 1 $123,000.00 $123,000.00 70 Monument Preservation LS 1 $58,000.00 $58,000.00
71 Curb Ramp Asbuilt Inspection Forms LS 1 $10,000.00 $10,000.00 72 ADA Ramp and Sidewalk Field Design, Layout LS 1 $10,000.00 $10,000.00 and Staking
73 Sawcut PCC and AC LF 2,500 $4.50 $11,250.00
74 Demolition LS 1 $20,000.00 $20,000.00
75 Remove and Replace Concrete Curb and Gutter LF 2,000 $84.00 $168,000.00 76 Remove and Replace Concrete Flatwork SF 9,000 $17.00 $153,000.00 77 Cast Iron Detectable Warning Plate SF 630 $76.00 $47,880.00 78 Remove and Replace Catch Basin with Type I EA 1 $14,000.00 $14,000.00 79 DELETED $0.00
80 Place Hot Mix Asphalt at Miscellaneous Areas SF 6,300 $15.00 $94,500.00 81 Repair and Reinstall Striping, Markings and LS 1 $8,000.00 $8,000.00 Signage at Curb Ramp Locations
82 Remove and Replace Pull Box EA 1 $15,000.00 $15,000.00 Subtotal: $6,982,560.75
BID ALTERNATE #1: EMPIRE AVENUE (TENAYA DRIVE TO LAPHAM DRIVE) (101248) 101 Water Pollution Control Plan (WPCP) LS 1 $2,500.00 $2,500.00 102 Lead Compliance Plan LS 1 $1,500.00 $1,500.00
103 Traffic Control and Construction Area Signs LS 1 $177,000.75 $177,000.75 104 Monument Preservation LS 1 $5,000.00 $5,000.00
105 Curb Ramp Asbuilt Inspection Forms LS 1 $2,500.00 $2,500.00 106 ADA Ramp and Sidewalk Field Design, Layout LS 1 $10,000.00 $10,000.00 and Staking
107 Temporary Construction Easement and Flagging LS 1 $22,000.00 $22,000.00 Operations for M&ET Railroad
108 Sawcut PCC and AC LF 2,520 $4.50 $11,340.00
109 Demolition LS 1 $93,500.00 $93,500.00
110 Remove Trees EA 3 $3,000.00 $9,000.00
111 Grind and Remove Tree Stump EA 5 $600.00 $3,000.00
112 Concrete Curb and Gutter LF 1,050 $44.00 $46,200.00 113 Driveover Curb and Gutter LF 885 $44.00 $38,940.00
114 Concrete Flatwork SF 12,340 $8.75 $107,975.00
115 Cast Iron Detectable Warning Plate SF 120 $70.00 $8,400.00 116 Remove and Replace Catch Basin with Type I EA 7 $9,500.00 $66,500.00 117 Rockwell and Manhole EA 6 $20,500.00 $123,000.00
118 8" Storm Pipe for Rockwell LF 52 $280.00 $14,560.00 119 Concrete Driveway 8” Thick per City Detail 1009 SF 1,155 $19.00 $21,945.00 #18..
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Item # Item Description Units Quantity Unit Price Extension 120 Place Hot Mix Asphalt at Miscellaneous Areas SF 11,515 $6.00 $69,090.00 121 Cold Plane Asphalt Concrete 0.12' Deep SF 55,150 $0.35 $19,302.50 122 Sweeping LS 1 $6,500.00 $6,500.00
123 Surface Preparation LS 1 $1,500.00 $1,500.00
124 Asphalt Rubber Chip Seal (3/8" Aggregate) SY 6,127 $4.00 $24,508.00 125 Type A Hot Mix Asphalt 0.12' Thick TON 496 $145.00 $71,920.00 126 Street Light Conduit LF 1,500 $25.00 $37,500.00
127 Street Lights EA 3 $10,100.00 $30,300.00
128 MID Connection EA 1 $6,050.00 $6,050.00
129 Service Pedestal LS 1 $7,050.00 $7,050.00
130 Adjust Storm Drain Manhole Covers to Finished EA 7 $1,450.00 $10,150.00 Grade
131 Adjust Sewer Manhole to Finished Grade EA 3 $1,450.00 $4,350.00 132 Adjust Monument Well to Finished Grade EA 1 $900.00 $900.00 133 Adjust Water Valve to Finished Grade EA 26 $900.00 $23,400.00 134 Adjust Water Meter Box to Finished Grade EA 2 $800.00 $1,600.00 135 Adjust Sewer Cleanout to Finished Grade EA 2 $800.00 $1,600.00 136 Remove and Replace Pull Box EA 3 $1,500.00 $4,500.00 137 Removal and Installation of Striping, Markings LS 1 $18,900.00 $18,900.00 and Signage
Subtotal: $1,103,981.25
Total: $8,086,542.00
Percent From Engineer's Estimate: 12.31%
A. Teichert & Son, Inc. dba Teichert Construction
(916) 757-6400 400 Sunrise Avenue, Suite 300 Roseville CA 95661 Base Bid
BRIGGSMORE AVENUE PAVEMENT REHABILITATION (MCHENRY AVENUE TO OAKDALE ROAD) (101246) 1 Water Pollution Control Plan (WPCP) LS 1 $50,000.00 $50,000.00 2 Lead Compliance Plan LS 1 $10,000.00 $10,000.00
3 Traffic Control and Construction Area Signs LS 1 $767,312.00 $767,312.00 4 Portable Changeable Message Sign EA 6 $10,000.00 $60,000.00 5 Monument Preservation LS 1 $100,000.00 $100,000.00
6 Curb Ramp Asbuilt Inspection Forms LS 1 $100,000.00 $100,000.00 7 ADA Ramp and Sidewalk Field Design, Layout LS 1 $26,000.00 $26,000.00 and Staking
8 Sawcut PCC and AC LF 2,500 $10.00 $25,000.00
9 Demolition LS 1 $200,000.00 $200,000.00
10 Remove Existing Pavement and Install 6" LS 1 $10,000.00 $10,000.00 Cobble Stone (McHenry Village Entrance)
11 Remove and Replace Concrete Curb and Gutter LF 1,250 $58.00 $72,500.00 12 Remove and Replace Concrete Flatwork SF 6,850 $16.00 $109,600.00 13 Cast Iron Detectable Warning Plate SF 525 $55.00 $28,875.00 14 Place Hot Mix Asphalt at Miscellaneous Areas SF 3,750 $15.00 $56,250.00 15 Cold Plane Asphalt Concrete 0.17' Deep SF 1,077,050 $0.25 $269,262.50 16 Sweeping LS 1 $200,000.00 $200,000.00
17 Surface Preparation LS 1 $20,000.00 $20,000.00
18 Asphalt Rubber Chip Seal (3/8" Aggregate) SY 119,672 $4.10 $490,655.20 19 Type A Hot Mix Asphalt 0.17' Thick TON 13,732 $120.00 $1,647,840.00 20 Concrete Median Islands SF 6,736 $15.00 $101,040.00
21 Remove and Replace Catch Basin with Type I EA 2 $7,000.00 $14,000.00 22 Remove and Replace Pull Box EA 14 $1,520.00 $21,280.00 23 Install Detector Handhole (McHenry and EA 11 $1,120.00 $12,320.00 Briggsmore Intersection)
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Item # Item Description Units Quantity Unit Price Extension 24 Temporary Vehicle Detection Cameras During EA 2 $13,200.00 $26,400.00 Construction (McHenry and Briggsmore)
25 Install 1.5" Conduit for Vehicle Detection LF 20 $100.00 $2,000.00 26 Install 2" Conduit for Vehicle Detection LF 250 $112.00 $28,000.00 27 Vehicle Detection Loops EA 46 $1,120.00 $51,520.00
28 Vehicle Detection Cameras EA 16 $10,700.00 $171,200.00 29 Install Pedestrian Push Buttons and Post EA 2 $505.00 $1,010.00 30 Remove and Replace Pedestrian Push Buttons EA 46 $1,120.00 $51,520.00 31 Adjust Storm Drain Manhole to Finished Grade EA 10 $1,800.00 $18,000.00 32 Adjust Sewer Manhole to Finished Grade EA 6 $1,800.00 $10,800.00 33 Adjust Detector Handhole to Finished Grade EA 11 $1,120.00 $12,320.00 34 Adjust Monument Well to Finished Grade EA 21 $1,200.00 $25,200.00 35 Adjust Water Valve to Finished Grade EA 62 $1,200.00 $74,400.00 36 Removal and Installation of Striping, Markings LS 1 $124,000.00 $124,000.00 and Signage
37 Pavement Marking (Shamrock Green Bicycle SF 10,960 $10.10 $110,696.00 Lane Coloring)

ORANGEBURG AVENUE PAVEMENT REHABILITATION (COFFEE ROAD TO OAKDALE ROAD) (INCLUDES PLAN SHEET 5) (101248)
38 Water Pollution Control Plan (WPCP) LS 1 $7,200.00 $7,200.00 39 Lead Compliance Plan LS 1 $1,600.00 $1,600.00
40 Traffic Control and Construction Area Signs LS 1 $152,100.00 $152,100.00 41 Portable Changeable Message Sign EA 2 $2,600.00 $5,200.00 42 Monument Preservation LS 1 $18,000.00 $18,000.00
43 Curb Ramp Asbuilt Inspection Forms LS 1 $5,000.00 $5,000.00 44 ADA Ramp and Sidewalk Field Design, Layout LS 1 $13,100.00 $13,100.00 and Staking
45 Sawcut PCC and AC LF 3,000 $3.60 $10,800.00
46 Demolition LS 1 $82,300.00 $82,300.00
47 Remove and Replace Concrete Curb and Gutter LF 2,200 $57.00 $125,400.00 48 Remove and Replace Concrete Flatwork SF 11,000 $15.40 $169,400.00 49 Cast Iron Detectable Warning Plate SF 675 $55.00 $37,125.00 50 Cold Plane Asphalt Concrete 0.17' Deep SF 211,237 $0.19 $40,135.03 51 Sweeping LS 1 $71,000.00 $71,000.00
52 Surface Preparation LS 1 $10,200.00 $10,200.00
53 Asphalt Rubber Chip Seal (3/8" Aggregate) SY 23,470 $5.00 $117,350.00 54 Type A Hot Mix Asphalt 0.17' Thick TON 2,693 $105.50 $284,111.50 55 Remove and Replace Catch Basin with Type I EA 2 $5,600.00 $11,200.00 56 Place Hot Mix Asphalt at Miscellaneous Areas SF 6,750 $9.50 $64,125.00 57 Remove and Replace Pull Box EA 4 $1,000.00 $4,000.00 58 Vehicle Detection Cameras EA 2 $14,520.00 $29,040.00 59 Remove and Replace Pedestrian Push Buttons EA 8 $935.00 $7,480.00 60 Adjust Storm Drain Manhole Covers to Finished EA 1 $1,360.00 $1,360.00 Grade
61 Adjust Sewer Manhole to Finished Grade EA 22 $1,470.00 $32,340.00 62 Adjust Water Valve to Finished Grade EA 25 $950.00 $23,750.00 63 Adjust Rockwell Frame to Finished Grade EA 4 $2,200.00 $8,800.00 64 Tully Road Rockwell and Catch Basin LS 1 $18,000.00 $18,000.00 65 La Loma Avenue Trench Plate and Rip/Rap LS 1 $7,700.00 $7,700.00 66 Removal and Installation of Striping, Markings LS 1 $74,000.00 $74,000.00 and Signage
NEIGHBORHOOD ADA RAMP PROJECT (PLAN SHEETS 3 AND 4) (101250) 67 Water Pollution Control Plan (WPCP) LS 1 $6,200.00 $6,200.00 68 Lead Compliance Plan LS 1 $1,600.00 $1,600.00
69 Traffic Control and Construction Area Signs LS 1 $47,300.00 $47,300.00 #18..
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Item # Item Description Units Quantity Unit Price Extension 70 Monument Preservation LS 1 $64,100.00 $64,100.00
71 Curb Ramp Asbuilt Inspection Forms LS 1 $5,000.00 $5,000.00 72 ADA Ramp and Sidewalk Field Design, Layout LS 1 $23,400.00 $23,400.00 and Staking
73 Sawcut PCC and AC LF 2,500 $2.60 $6,500.00
74 Demolition LS 1 $88,400.00 $88,400.00
75 Remove and Replace Concrete Curb and Gutter LF 2,000 $57.20 $114,400.00 76 Remove and Replace Concrete Flatwork SF 9,000 $15.40 $138,600.00 77 Cast Iron Detectable Warning Plate SF 630 $55.00 $34,650.00 78 Remove and Replace Catch Basin with Type I EA 1 $5,900.00 $5,900.00 79 DELETED $0.00
80 Place Hot Mix Asphalt at Miscellaneous Areas SF 6,300 $10.40 $65,520.00 81 Repair and Reinstall Striping, Markings and LS 1 $8,400.00 $8,400.00 Signage at Curb Ramp Locations
82 Remove and Replace Pull Box EA 1 $1,300.00 $1,300.00 Subtotal: $7,142,087.23
BID ALTERNATE #1: EMPIRE AVENUE (TENAYA DRIVE TO LAPHAM DRIVE) (101248) 101 Water Pollution Control Plan (WPCP) LS 1 $6,300.00 $6,300.00 102 Lead Compliance Plan LS 1 $16,200.00 $16,200.00
103 Traffic Control and Construction Area Signs LS 1 $60,100.00 $60,100.00 104 Monument Preservation LS 1 $6,500.00 $6,500.00
105 Curb Ramp Asbuilt Inspection Forms LS 1 $5,000.00 $5,000.00 106 ADA Ramp and Sidewalk Field Design, Layout LS 1 $11,250.00 $11,250.00 and Staking
107 Temporary Construction Easement and Flagging LS 1 $21,500.00 $21,500.00 Operations for M&ET Railroad
108 Sawcut PCC and AC LF 2,520 $2.60 $6,552.00
109 Demolition LS 1 $67,400.00 $67,400.00
110 Remove Trees EA 3 $3,550.00 $10,650.00
111 Grind and Remove Tree Stump EA 5 $2,400.00 $12,000.00 112 Concrete Curb and Gutter LF 1,050 $52.10 $54,705.00 113 Driveover Curb and Gutter LF 885 $57.00 $50,445.00
114 Concrete Flatwork SF 12,340 $14.90 $183,866.00
115 Cast Iron Detectable Warning Plate SF 120 $55.00 $6,600.00 116 Remove and Replace Catch Basin with Type I EA 7 $5,700.00 $39,900.00 117 Rockwell and Manhole EA 6 $12,700.00 $76,200.00
118 8" Storm Pipe for Rockwell LF 52 $158.00 $8,216.00
119 Concrete Driveway 8” Thick per City Detail 1009 SF 1,155 $37.00 $42,735.00 120 Place Hot Mix Asphalt at Miscellaneous Areas SF 11,515 $4.50 $51,817.50 121 Cold Plane Asphalt Concrete 0.12' Deep SF 55,150 $0.25 $13,787.50 122 Sweeping LS 1 $23,900.00 $23,900.00
123 Surface Preparation LS 1 $1,025.00 $1,025.00
124 Asphalt Rubber Chip Seal (3/8" Aggregate) SY 6,127 $4.10 $25,120.70 125 Type A Hot Mix Asphalt 0.12' Thick TON 496 $124.00 $61,504.00 126 Street Light Conduit LF 1,500 $25.30 $37,950.00
127 Street Lights EA 3 $10,100.00 $30,300.00
128 MID Connection EA 1 $6,100.00 $6,100.00
129 Service Pedestal LS 1 $7,100.00 $7,100.00
130 Adjust Storm Drain Manhole Covers to Finished EA 7 $1,370.00 $9,590.00 Grade
131 Adjust Sewer Manhole to Finished Grade EA 3 $1,590.00 $4,770.00 132 Adjust Monument Well to Finished Grade EA 1 $1,280.00 $1,280.00 133 Adjust Water Valve to Finished Grade EA 26 $1,070.00 $27,820.00 134 Adjust Water Meter Box to Finished Grade EA 2 $800.00 $1,600.00 #18..
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Item # Item Description Units Quantity Unit Price Extension 135 Adjust Sewer Cleanout to Finished Grade EA 2 $570.00 $1,140.00 136 Remove and Replace Pull Box EA 3 $1,520.00 $4,560.00 137 Removal and Installation of Striping, Markings LS 1 $19,800.00 $19,800.00 and Signage
Subtotal: $1,015,283.70
Total: $8,157,370.93
Percent From Engineer's Estimate: 13.30%
Engineer's Estimate
Base Bid
BRIGGSMORE AVENUE PAVEMENT REHABILITATION (MCHENRY AVENUE TO OAKDALE ROAD) (101246) 1 Water Pollution Control Plan (WPCP) LS 1 $8,000.00 $8,000.00 2 Lead Compliance Plan LS 1 $5,000.00 $5,000.00
3 Traffic Control and Construction Area Signs LS 1 $351,265.50 $351,265.50 4 Portable Changeable Message Sign EA 6 $6,000.00 $36,000.00 5 Monument Preservation LS 1 $20,000.00 $20,000.00
6 Curb Ramp Asbuilt Inspection Forms LS 1 $4,000.00 $4,000.00 7 ADA Ramp and Sidewalk Field Design, Layout LS 1 $25,000.00 $25,000.00 and Staking
8 Sawcut PCC and AC LF 2,500 $7.00 $17,500.00
9 Demolition LS 1 $40,000.00 $40,000.00
10 Remove Existing Pavement and Install 6" LS 1 $25,000.00 $25,000.00 Cobble Stone (McHenry Village Entrance)
11 Remove and Replace Concrete Curb and Gutter LF 1,250 $60.00 $75,000.00 12 Remove and Replace Concrete Flatwork SF 6,850 $16.00 $109,600.00 13 Cast Iron Detectable Warning Plate SF 525 $60.00 $31,500.00 14 Place Hot Mix Asphalt at Miscellaneous Areas SF 3,750 $18.00 $67,500.00 15 Cold Plane Asphalt Concrete 0.17' Deep SF 1,077,050 $0.25 $269,262.50 16 Sweeping LS 1 $30,000.00 $30,000.00
17 Surface Preparation LS 1 $20,000.00 $20,000.00
18 Asphalt Rubber Chip Seal (3/8" Aggregate) SY 119,672 $5.00 $598,360.00 19 Type A Hot Mix Asphalt 0.17' Thick TON 13,732 $90.00 $1,235,880.00 20 Concrete Median Islands SF 6,736 $22.00 $148,192.00
21 Remove and Replace Catch Basin with Type I EA 2 $6,500.00 $13,000.00 22 Remove and Replace Pull Box EA 14 $3,000.00 $42,000.00 23 Install Detector Handhole (McHenry and EA 11 $2,000.00 $22,000.00 Briggsmore Intersection)
24 Temporary Vehicle Detection Cameras During EA 2 $18,000.00 $36,000.00 Construction (McHenry and Briggsmore)
25 Install 1.5" Conduit for Vehicle Detection LF 20 $70.00 $1,400.00 26 Install 2" Conduit for Vehicle Detection LF 250 $70.00 $17,500.00 27 Vehicle Detection Loops EA 46 $800.00 $36,800.00
28 Vehicle Detection Cameras EA 16 $16,000.00 $256,000.00 29 Install Pedestrian Push Buttons and Post EA 2 $2,000.00 $4,000.00 30 Remove and Replace Pedestrian Push Buttons EA 46 $1,500.00 $69,000.00 31 Adjust Storm Drain Manhole to Finished Grade EA 10 $1,100.00 $11,000.00 32 Adjust Sewer Manhole to Finished Grade EA 6 $1,100.00 $6,600.00 33 Adjust Detector Handhole to Finished Grade EA 11 $1,000.00 $11,000.00 34 Adjust Monument Well to Finished Grade EA 21 $1,000.00 $21,000.00 35 Adjust Water Valve to Finished Grade EA 62 $1,000.00 $62,000.00 36 Removal and Installation of Striping, Markings LS 1 $375,000.00 $375,000.00 and Signage
37 Pavement Marking (Shamrock Green Bicycle SF 10,960 $9.00 $98,640.00 Lane Coloring)
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Item # Item Description Units Quantity Unit Price Extension

ORANGEBURG AVENUE PAVEMENT REHABILITATION (COFFEE ROAD TO OAKDALE ROAD) (INCLUDES PLAN SHEET 5) (101248)
38 Water Pollution Control Plan (WPCP) LS 1 $3,000.00 $3,000.00 39 Lead Compliance Plan LS 1 $2,000.00 $2,000.00
40 Traffic Control and Construction Area Signs LS 1 $99,840.75 $99,840.75 41 Portable Changeable Message Sign EA 2 $6,000.00 $12,000.00 42 Monument Preservation LS 1 $20,000.00 $20,000.00
43 Curb Ramp Asbuilt Inspection Forms LS 1 $5,000.00 $5,000.00 44 ADA Ramp and Sidewalk Field Design, Layout LS 1 $20,000.00 $20,000.00 and Staking
45 Sawcut PCC and AC LF 3,000 $7.00 $21,000.00
46 Demolition LS 1 $30,000.00 $30,000.00
47 Remove and Replace Concrete Curb and Gutter LF 2,200 $60.00 $132,000.00 48 Remove and Replace Concrete Flatwork SF 11,000 $15.00 $165,000.00 49 Cast Iron Detectable Warning Plate SF 675 $60.00 $40,500.00 50 Cold Plane Asphalt Concrete 0.17' Deep SF 211,237 $0.25 $52,809.25 51 Sweeping LS 1 $20,000.00 $20,000.00
52 Surface Preparation LS 1 $10,000.00 $10,000.00
53 Asphalt Rubber Chip Seal (3/8" Aggregate) SY 23,470 $5.00 $117,350.00 54 Type A Hot Mix Asphalt 0.17' Thick TON 2,693 $100.00 $269,300.00 55 Remove and Replace Catch Basin with Type I EA 2 $6,500.00 $13,000.00 56 Place Hot Mix Asphalt at Miscellaneous Areas SF 6,750 $18.00 $121,500.00 57 Remove and Replace Pull Box EA 4 $3,000.00 $12,000.00 58 Vehicle Detection Cameras EA 2 $16,000.00 $32,000.00 59 Remove and Replace Pedestrian Push Buttons EA 8 $1,500.00 $12,000.00 60 Adjust Storm Drain Manhole Covers to Finished EA 1 $1,100.00 $1,100.00 Grade
61 Adjust Sewer Manhole to Finished Grade EA 22 $1,100.00 $24,200.00 62 Adjust Water Valve to Finished Grade EA 25 $1,000.00 $25,000.00 63 Adjust Rockwell Frame to Finished Grade EA 4 $1,100.00 $4,400.00 64 Tully Road Rockwell and Catch Basin LS 1 $25,000.00 $25,000.00 65 La Loma Avenue Trench Plate and Rip/Rap LS 1 $10,000.00 $10,000.00 66 Removal and Installation of Striping, Markings LS 1 $50,000.00 $50,000.00 and Signage
NEIGHBORHOOD ADA RAMP PROJECT (PLAN SHEETS 3 AND 4) (101250) 68 Lead Compliance Plan LS 1 $1,000.00 $1,000.00
69 Traffic Control and Construction Area Signs LS 1 $32,800.00 $32,800.00 70 Monument Preservation LS 1 $5,000.00 $5,000.00
71 Curb Ramp Asbuilt Inspection Forms LS 1 $5,000.00 $5,000.00 72 ADA Ramp and Sidewalk Field Design, Layout LS 1 $20,000.00 $20,000.00 and Staking
73 Sawcut PCC and AC LF 2,500 $7.00 $17,500.00
74 Demolition LS 1 $20,000.00 $20,000.00
75 Remove and Replace Concrete Curb and Gutter LF 2,000 $60.00 $120,000.00 76 Remove and Replace Concrete Flatwork SF 9,000 $15.00 $135,000.00 77 Cast Iron Detectable Warning Plate SF 630 $60.00 $37,800.00 78 Remove and Replace Catch Basin with Type I EA 1 $6,500.00 $6,500.00 79 DELETED $0.00
80 Place Hot Mix Asphalt at Miscellaneous Areas SF 6,300 $18.00 $113,400.00 81 Repair and Reinstall Striping, Markings and LS 1 $20,000.00 $20,000.00 Signage at Curb Ramp Locations
82 Remove and Replace Pull Box EA 1 $3,000.00 $3,000.00 Subtotal: $6,090,000.00
#18..
- 491 -

Page 14 of 14 ends

Item # Item Description Units Quantity Unit Price Extension BID ALTERNATE #1: EMPIRE AVENUE (TENAYA DRIVE TO LAPHAM DRIVE) (101248) 101 Water Pollution Control Plan (WPCP) LS 1 $2,000.00 $2,000.00 102 Lead Compliance Plan LS 1 $1,000.00 $1,000.00
103 Traffic Control and Construction Area Signs LS 1 $17,922.50 $17,922.50 104 Monument Preservation LS 1 $5,000.00 $5,000.00
105 Curb Ramp Asbuilt Inspection Forms LS 1 $1,000.00 $1,000.00 106 ADA Ramp and Sidewalk Field Design, Layout LS 1 $5,000.00 $5,000.00 and Staking
107 Temporary Construction Easement and Flagging LS 1 $15,000.00 $15,000.00 Operations for M&ET Railroad
108 Sawcut PCC and AC LF 2,520 $7.00 $17,640.00
109 Demolition LS 1 $20,000.00 $20,000.00
110 Remove Trees EA 3 $2,000.00 $6,000.00
111 Grind and Remove Tree Stump EA 5 $500.00 $2,500.00
112 Concrete Curb and Gutter LF 1,050 $60.00 $63,000.00 113 Driveover Curb and Gutter LF 885 $60.00 $53,100.00
114 Concrete Flatwork SF 12,340 $14.00 $172,760.00
115 Cast Iron Detectable Warning Plate SF 120 $60.00 $7,200.00 116 Remove and Replace Catch Basin with Type I EA 7 $6,500.00 $45,500.00 117 Rockwell and Manhole EA 6 $20,000.00 $120,000.00
118 8" Storm Pipe for Rockwell LF 52 $100.00 $5,200.00
119 Concrete Driveway 8” Thick per City Detail 1009 SF 1,155 $15.00 $17,325.00 120 Place Hot Mix Asphalt at Miscellaneous Areas SF 11,515 $18.00 $207,270.00 121 Cold Plane Asphalt Concrete 0.12' Deep SF 55,150 $0.25 $13,787.50 122 Sweeping LS 1 $10,000.00 $10,000.00
123 Surface Preparation LS 1 $5,000.00 $5,000.00
124 Asphalt Rubber Chip Seal (3/8" Aggregate) SY 6,127 $5.00 $30,635.00 125 Type A Hot Mix Asphalt 0.12' Thick TON 496 $110.00 $54,560.00 126 Street Light Conduit LF 1,500 $50.00 $75,000.00
127 Street Lights EA 3 $20,000.00 $60,000.00
128 MID Connection EA 1 $5,000.00 $5,000.00
129 Service Pedestal LS 1 $6,000.00 $6,000.00
130 Adjust Storm Drain Manhole Covers to Finished EA 7 $1,100.00 $7,700.00 Grade
131 Adjust Sewer Manhole to Finished Grade EA 3 $1,100.00 $3,300.00 132 Adjust Monument Well to Finished Grade EA 1 $1,000.00 $1,000.00 133 Adjust Water Valve to Finished Grade EA 26 $1,000.00 $26,000.00 134 Adjust Water Meter Box to Finished Grade EA 2 $1,000.00 $2,000.00 135 Adjust Sewer Cleanout to Finished Grade EA 2 $1,000.00 $2,000.00 136 Remove and Replace Pull Box EA 3 $1,200.00 $3,600.00 137 Removal and Installation of Striping, Markings LS 1 $20,000.00 $20,000.00 and Signage
Subtotal: $1,110,000.00
Total: $7,200,000.00
#18..
- 492 -
A-1 City of Modesto
2022-20 Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project

CONTRACT
This Agreement, made and entered into in the City of Modesto, County of Stanislaus, State of California, this 23rd day of August, 2022, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called City, and UNITED PAVEMENT MAINTENANCE, 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 Community and Economic Development Department for the BRIGGSMORE AVENUE AND ORANGEBURG AVENUE PAVEMENT REHABILITATION PROJECT and directed the City Clerk to advertise for sealed bids for doing said work and providing that bids be submitted on the 28th day of June, 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 23rd day of August, 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.
#18..
- 493 -
A-2 City of Modesto
2022-20 Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK, hereinafter called the Work.
a. Contractor shall furnish all labor, materials and equipment necessary to complete the Work as specified in the Plans and Specifications entitled

BRIGGSMORE AVENUE AND ORANGEBURG AVENUE PAVEMENT
REHABILITATION PROJECT, City of Modesto, Community and Economic Development Department, Project Number 2022-20, and in strict accordance with the conditions of the complete Contract Documents. All incidental Work not included in the Contract Documents or specified herein which is necessary to complete the Work so as to provide the system described, or shown, shall be furnished and installed as part of this Agreement at no additional cost to the City. The Work shall be complete and ready for service as described in the Contract Documents to the satisfaction of the Director of Utilities.
b. Contractor shall do and perform the Work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the Director of Utilities of the City of Modesto.
c. Contractor shall do and perform the Work contemplated hereby and shall furnish all labor, materials, tools and equipment therefore at the prices herein specified to, wit:

CONTRACTOR’S BID
Item
No.

Item Description Unit of
Measure
Estimated
Quantity
Unit
Price
Total Price
(Figures)

BRIGGSMORE AVENUE PAVEMENT REHABILITATION (MCHENRY AVENUE TO OAKDALE ROAD) (101246)

1. Water Pollution Control Plan (WPCP) LS 1 $19,764.00 $19,764.00

2. Lead Compliance Plan LS 1 $3,672.00 $3,672.00
#18..
- 494 -
A-3 City of Modesto
2022-20 Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project Item
No.

Item Description Unit of
Measure
Estimated
Quantity
Unit
Price
Total Price
(Figures)

3. Traffic Control and Construction Area
Signs
LS 1 $141,287.00 $141,287.00

4. Portable Changeable Message Sign EA 6 $3,000.00 $18,000.00

5. Monument Preservation LS 1 $15,490.00 $15,490.00

6. Curb Ramp Asbuilt Inspection Forms LS 1 $16,200.00 $16,200.00

7. ADA Ramp and Sidewalk Field Design,
Layout and Staking
LS 1 $37,865.00 $37,865.00

8. Sawcut PCC and AC LF 2,500 $4.00 $10,000.00

9. Demolition LS 1 $97,015.00 $97,015.00

10. Remove Existing Pavement and Install 6"
Cobble Stone (McHenry Village Entrance)
LS 1 $6,000.00 $6,000.00

11. Remove and Replace Concrete Curb and
Gutter
LF 1,250 $65.00 $81,250.00

12. Remove and Replace Concrete Flatwork SF 6,850 $20.00 $137,000.00

13. Cast Iron Detectable Warning Plate SF 525 $50.00 $26,250.00

14. Place Hot Mix Asphalt at Miscellaneous
Areas
SF 3,750 $8.28 $31,050.00

15. Cold Plane Asphalt Concrete 0.17' Deep SF 1,077,050 $0.28 $301,574.00

16. Sweeping LS 1 $84,000.00 $84,000.00

17. Surface Preparation LS 1 $16,200.00 $16,200.00

18. Asphalt Rubber Chip Seal (3/8"
Aggregate)
SY 119,672 $5.22 $624,687.84

19. Type A Hot Mix Asphalt 0.17' Thick TON 13,732 $122.00 $1,675,304.00

20. Concrete Median Islands SF 6,736 $26.00 $175,136.00

21. Remove and Replace Catch Basin with
Type I
EA 2 $7,500.00 $15,000.00

22. Remove and Replace Pull Box EA 14 $1,620.00 $22,680.00

23. Install Detector Handhole (McHenry and
Briggsmore Intersection)
EA 11 $1,188.00 $13,068.00

24. Temporary Vehicle Detection Cameras
During Construction (McHenry and
Briggsmore)
EA 2 $14,040.00 $28,080.00
#18..
- 495 -
A-4 City of Modesto
2022-20 Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project Item
No.

Item Description Unit of
Measure
Estimated
Quantity
Unit
Price
Total Price
(Figures)

25. Install 1.5" Conduit for Vehicle Detection LF 20 $108.00 $2,160.00

26. Install 2" Conduit for Vehicle Detection LF 250 $118.00 $29,500.00

27. Vehicle Detection Loops EA 46 $1,188.00 $54,648.00

28. Vehicle Detection Cameras EA 16 $11,340.00 $181,440.00

29. Install Pedestrian Push Buttons and Post EA 2 $540.00 $1,080.00

30. Remove and Replace Pedestrian Push
Buttons
EA 46 $1,188.00 $54,648.00

31. Adjust Storm Drain Manhole to Finished
Grade
EA 10 $900.00 $9,000.00

32. Adjust Sewer Manhole to Finished Grade EA 6 $900.00 $5,400.00

33. Adjust Detector Handhole to Finished
Grade
EA 11 $1,100.00 $12,100.00

34. Adjust Monument Well to Finished Grade EA 21 $655.00 $13,755.00

35. Adjust Water Valve to Finished Grade EA 62 $655.00 $40,610.00

36. Removal and Installation of Striping,
Markings and Signage
LS 1 $125,696.00 $125,696.00

37. Pavement Marking (Shamrock Green
Bicycle Lane Coloring)
SF 10,960 $10.26 $112,449.60

ORANGEBURG AVENUE PAVEMENT REHABILITATION (COFFEE ROAD TO OAKDALE ROAD) (INCLUDES PLAN SHEET 5) (101248)

38. Water Pollution Control Plan (WPCP) LS 1 $10,476.00 $10,476.00

39. Lead Compliance Plan LS 1 $3,132.00 $3,132.00

40. Traffic Control and Construction Area
Signs
LS 1 $88,980.00 $88,980.00

41. Portable Changeable Message Sign EA 2 $2,000.00 $4,000.00

42. Monument Preservation LS 1 $38,620.00 $38,620.00

43. Curb Ramp Asbuilt Inspection Forms LS 1 $5,600.00 $5,600.00

44. ADA Ramp and Sidewalk Field Design,
Layout and Staking
LS 1 $22,794.00 $22,794.00

45. Sawcut PCC and AC LF 3,000 $4.00 $12,000.00

46. Demolition LS 1 $35,000.00 $35,000.00
#18..
- 496 -
A-5 City of Modesto
2022-20 Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project Item
No.

Item Description Unit of
Measure
Estimated
Quantity
Unit
Price
Total Price
(Figures)

47. Remove and Replace Concrete Curb and
Gutter
LF 2,200 $65.00 $143,000.00

48. Remove and Replace Concrete Flatwork SF 11,000 $20.00 $220,000.00

49. Cast Iron Detectable Warning Plate SF 675 $50.00 $33,750.00

50. Cold Plane Asphalt Concrete 0.17' Deep SF 211,237 $0.32 $67,595.84

51. Sweeping LS 1 $29,600.00 $29,600.00

52. Surface Preparation LS 1 $10,000.00 $10,000.00

53. Asphalt Rubber Chip Seal (3/8"
Aggregate)
SY 23,470 $5.22 $122,513.40

54. Type A Hot Mix Asphalt 0.17' Thick TON 2,693 $122.00 $328,546.00

55. Remove and Replace Catch Basin with
Type I
EA 2 $7,500.00 $15,000.00

56. Place Hot Mix Asphalt at Miscellaneous
Areas
SF 6,750 $8.28 $55,890.00

57. Remove and Replace Pull Box EA 4 $1,620.00 $6,480.00

58. Vehicle Detection Cameras EA 2 $13,500.00 $27,000.00

59. Remove and Replace Pedestrian Push
Buttons
EA 8 $1,296.00 $10,368.00

60. Adjust Storm Drain Manhole Covers to
Finished Grade
EA 1 $900.00 $900.00

61. Adjust Sewer Manhole to Finished Grade EA 22 $900.00 $19,800.00

62. Adjust Water Valve to Finished Grade EA 25 $655.00 $16,375.00

63. Adjust Rockwell Frame to Finished Grade EA 4 $3,000.00 $12,000.00

64. Tully Road Rockwell and Catch Basin LS 1 $19,774.00 $19,774.00

65. La Loma Avenue Trench Plate and
Rip/Rap
LS 1 $23,752.00 $23,752.00

66. Removal and Installation of Striping,
Markings and Signage
LS 1 $75,443.00 $75,443.00
NEIGHBORHOOD ADA RAMP PROJECT (PLAN SHEETS 3 AND 4) (101250)

67. Water Pollution Control Plan (WPCP) LS 1 $5,832.00 $5,832.00

68. Lead Compliance Plan LS 1 $2,592.00 $2,592.00
#18..
- 497 -
A-6 City of Modesto
2022-20 Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project Item
No.

Item Description Unit of
Measure
Estimated
Quantity
Unit
Price
Total Price
(Figures)

69. Traffic Control and Construction Area
Signs
LS 1 $35,400.00 $35,400.00

70. Monument Preservation LS 1 $37,616.00 $37,616.00

71. Curb Ramp Asbuilt Inspection Forms LS 1 $16,800.00 $16,800.00

72. ADA Ramp and Sidewalk Field Design,
Layout and Staking
LS 1 $25,958.00 $25,958.00

73. Sawcut PCC and AC LF 2,500 $4.00 $10,000.00

74. Demolition LS 1 $22,697.00 $22,697.00

75. Remove and Replace Concrete Curb and
Gutter
LF 2,000 $65.00 $130,000.00

76. Remove and Replace Concrete Flatwork SF 9,000 $20.00 $180,000.00

77. Cast Iron Detectable Warning Plate SF 630 $50.00 $31,500.00

78. Remove and Replace Catch Basin with
Type I
EA 1 $7,500.00 $7,500.00

79. DELETED $0.00

80. Place Hot Mix Asphalt at Miscellaneous
Areas
SF 6,300 $8.28 $52,164.00

81. Repair and Reinstall Striping, Markings
and Signage at Curb Ramp Locations
LS 1 $8,570.00 $8,570.00

82. Remove and Replace Pull Box EA 1 $1,620.00 $1,620.00 TOTAL BASE BID: $6,265,697.68
BID ALTERNATE #1: EMPIRE AVENUE (TENAYA DRIVE TO LAPHAM DRIVE) (101248) 101. Water Pollution Control Plan (WPCP) LS 1 $5,832.00 $5,832.00 102. Lead Compliance Plan LS 1 $2,592.00 $2,592.00
103. Traffic Control and Construction Area
Signs
LS 1 $20,940.00 $20,940.00
104. Monument Preservation LS 1 $5,315.00 $5,315.00
105. Curb Ramp Asbuilt Inspection Forms LS 1 $4,500.00 $4,500.00 106. ADA Ramp and Sidewalk Field Design,
Layout and Staking
LS 1 $7,832.00 $7,832.00
107. Temporary Construction Easement and
Flagging Operations for M&ET Railroad
LS 1 $10,000.00 $10,000.00
#18..
- 498 -
A-7 City of Modesto
2022-20 Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project Item
No.

Item Description Unit of
Measure
Estimated
Quantity
Unit
Price
Total Price
(Figures)
108. Sawcut PCC and AC LF 2,520 $4.00 $10,080.00
109. Demolition LS 1 $34,136.00 $34,136.00
110. Remove Trees EA 3 $2,500.00 $7,500.00
111. Grind and Remove Tree Stump EA 5 $500.00 $2,500.00 112. Concrete Curb and Gutter LF 1,050 $60.00 $63,000.00 113. Driveover Curb and Gutter LF 885 $65.00 $57,525.00 114. Concrete Flatwork SF 12,340 $15.00 $185,100.00
115. Cast Iron Detectable Warning Plate SF 120 $50.00 $6,000.00 116. Remove and Replace Catch Basin with
Type I
EA 7 $6,000.00 $42,000.00
117. Rockwell and Manhole EA 6 $18,000.00 $108,000.00
118. 8" Storm Pipe for Rockwell LF 52 $300.00 $15,600.00 119. Concrete Driveway 8” Thick per City
Detail 1009
SF 1,155 $19.00 $21,945.00
120. Place Hot Mix Asphalt at Miscellaneous
Areas
SF 11,515 $7.40 $85,211.00
121. Cold Plane Asphalt Concrete 0.12' Deep SF 55,150 $0.32 $17,648.00 122. Sweeping LS 1 $4,000.00 $4,000.00
123. Surface Preparation LS 1 $3,250.00 $3,250.00
124. Asphalt Rubber Chip Seal (3/8"
Aggregate)
SY 6,127 $5.22 $31,982.94
125. Type A Hot Mix Asphalt 0.12' Thick TON 496 $152.18 $75,481.28 126. Street Light Conduit LF 1,500 $27.00 $40,500.00
127. Street Lights EA 3 $10,800.00 $32,400.00
128. MID Connection EA 1 $6,480.00 $6,480.00
129. Service Pedestal LS 1 $8,640.00 $8,640.00
130. Adjust Storm Drain Manhole Covers to
Finished Grade
EA 7 $1,300.00 $9,100.00
131. Adjust Sewer Manhole to Finished Grade EA 3 $1,300.00 $3,900.00 132. Adjust Monument Well to Finished Grade EA 1 $1,025.00 $1,025.00 133. Adjust Water Valve to Finished Grade EA 26 $1,025.00 $26,650.00 #18..
- 499 -
A-8 City of Modesto
2022-20 Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project Item
No.

Item Description Unit of
Measure
Estimated
Quantity
Unit
Price
Total Price
(Figures)
134. Adjust Water Meter Box to Finished Grade EA 2 $1,275.00 $2,550.00 135. Adjust Sewer Cleanout to Finished Grade EA 2 $1,000.00 $2,000.00 136. Remove and Replace Pull Box EA 3 $1,500.00 $4,500.00 137. Removal and Installation of Striping,
Markings and Signage
LS 1 $20,190.00 $20,190.00
TOTAL BID ALTERNATE #1 $985,905.22
TOTAL BASE BID AND BID ALTERNATE #1 $7,251,602.90

2. CONTRACT DOCUMENTS. The complete Agreement between the parties consists of the documents listed below, including any addenda to these documents. The documents are complementary and provide for a complete work; if a discrepancy exists, the governing rank of the documents is set forth, in descending order:
a. Executed and signed, written Agreement;
b. Special Provisions;
c. Project Plans;
d. City Standard Details; current edition
e. City Standard Specifications; current edition
f. Revised State Standard Specifications;
g. State Standard Specifications;
h. Revised State Standard Plans;
i. State Standard Plans; and
j. All required Bonds.

All documents specified above are intended to operate so that any component of the Work called for in one and not mentioned in any other, or vice versa, is to be executed the same as if mentioned in all of the documents. The listed documents comprise the #18..
- 500 -
A-9 City of Modesto
2022-20 Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project Contract Documents.

3. COMMENCEMENT AND COMPLETION OF THE WORK. The Work
contemplated herein shall be commenced on the date specified in the Notice to Proceed for this Agreement. Completion of the work shall comply with the Specification. The Notice to Proceed shall not be issued until the Director of Utilities receives and has on file:
a. Proofs of insurance (approved by City Risk Manager), b. Bonds (approved by the City Attorney),
c. City of Modesto Business License, and
d. Executed Agreement.

Contractor will not be held responsible for failure to complete the Work within the specified time if delay is due to matters beyond its reasonable control. Contractor shall make all good faith attempts to overcome or to minimize such matters, and to finish the Work in the shortest reasonable amount of time.

4. PAYMENT. Payment for the Work to be done under this Agreement shall be at the price set forth in Section 1 hereof, and in accordance with the Contract Documents, which are incorporated herein by this reference.

5. INDEMNITY. The Contractor shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Contractor, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. This provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or #18..
- 501 -
A-10 City of Modesto
2022-20 Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project willful misconduct of the City, or (b) the active negligence of the City.

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

6. LIABILITY INSURANCE.

A. General
Contractor shall procure and maintain for the duration of this Agreement, and for the entire duration covered by the warranty bond, insurance as required by the Contract Documents and against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees, or subcontractors.

B. Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01, including products and completed operations, with limits of no less than $3,000,000 per occurrence for bodily injury, personal injury, and property damage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
#18..
- 502 -
A-11 City of Modesto
2022-20 Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, is required.

5. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions, is not required.

C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

D. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations #18..
- 503 -
A-12 City of Modesto
2022-20 Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 23 37 forms if later revisions used).

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

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.

E. Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.

F. Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the Agreement or the beginning of Contract Work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of Contract Work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Agreement effective, or #18..
- 504 -
A-13 City of Modesto
2022-20 Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of Contract Work.

4. A copy of the claims reporting requirements must be
submitted to the City for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

G. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

H. Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

I. Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this Agreement. The Contractor must deliver certificates evidencing existence of the insurance and specified endorsements listed above to the Director of Utilities within 5 business #18..
- 505 -
A-14 City of Modesto
2022-20 Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project days after the Notice of Award is received. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by the Contract Documents, at any time.

J. Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance for the duration of the project and through acceptance by City Council.

7. BONDS. The Contractor shall furnish City the following separate surety bonds:
a. Performance Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an amount equal to one hundred percent (100%) of the Agreement price, shall be for the faithful performance of the Agreement, shall be approved by City, and shall be secured from a surety or sureties satisfactory to City.
b. Payment Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an amount at least equal to one hundred percent (100%) of the Agreement price as security for the payment of all persons for furnishing materials, provisions, or other supplies, or items, used in, upon, for, or about the performance of the Work contracted to be done; or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Agreement, and for the payment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond.
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A-15 City of Modesto
2022-20 Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project c. Warranty Bond. Prior to issuance of a Notice of Completion for the contracted work, Contractor shall file with the City a Warranty Bond or equivalent security in the amount of ten percent (10%) of the estimated cost of the contracted work to guaranty and warranty the contracted work for a period of one (1) year following City Council acceptance thereof against any defective work or labor done, or defective materials furnished.

8. COMPLIANCE WITH ALL LAWS. Contractor hereby agrees that it and all subcontractors, if any, in the performance of the work described, designated and shown upon the Contract Documents herein referred to, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

9. TERMINATION OF AGREEMENT.

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

If this Agreement is terminated, Contractor shall cease all its work on the project as of the termination date and shall see to it that its employees, subcontractors and agents are notified of such termination and cease their work.

The Contractor understands and agrees that City may, in City's sole discretion, refuse to pay Contractor for that portion of Contractor's services which were #18..
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A-16 City of Modesto
2022-20 Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project performed by Contractor on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

Termination by City for Convenience
The City may terminate the Contractor's performance under the Agreement, either in whole or in part, at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination 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) days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Contractor with consultation with the City prior to termination.

A. Upon receipt of a written Notice of Termination pursuant to this section, the Contractor shall:

1. Cease its work as directed in the Notice of Termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the Notice of Termination;

2. Terminate all orders and Subcontractors except as
necessary to complete any portion of the Work that is not terminated;

3. 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 #18..
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A-17 City of Modesto
2022-20 Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project discretion to settle, or pay any or all claims arising out of the termination of such subcontractors, but in no event shall recovery by any Contractor or subcontractor include lost profits for portions of the Work not completed or
undertaken, including materials not delivered;

4. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been
accumulated by the Contractor in performing the Work
whether completed or in process;

5. Settle outstanding liabilities and claims, subject to the approval of City;

6. Complete performance of such part of the Work as has not been terminated;

7. 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;

8. If City so requests, and at City's cost, Contractor shall provide sufficient oral or written status reports to make City reasonably aware of the status of Contractor's work on the project.

B. City will pay Contractor an amount based on the percentage of work completed in accordance with the Notice of Termination. The final payment to the Contractor after termination for convenience shall be limited to amounts due and owing under #18..
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A-18 City of Modesto
2022-20 Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project the Agreement at time of termination, including the following:

1. Any actual costs incurred by the Contractor for restocking charges;

2. The agreed upon price of protecting the Work in any
manner, if any, as directed by the City;

3. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontract
agreements or contracts for materials;

4. The Agreement price allocable to the portion of the Work properly performed or goods supplied by the Contractor as of the date of termination, as determined in accordance with the Notice of Termination, reduced by any sums
previously paid to the Contractor.

C. The City shall have the right to withhold any portion or the whole of the final payment under this provision in the event there are any outstanding Claims for compensation asserted either by the City against the Contractor or by any third party against the City or the Contractor which arise out of the Contractor's work.

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Contractor to appeal the City Manager, or his/her designee’s, decision to the City Council. The Contractor shall appeal by notifying the City Clerk in writing within ten (10) business days of receipt of notification from City to terminate the Agreement. In the event that termination of this Agreement is upheld by the City Council, any valid claims for delay shall be retroactive to the date of termination selected by the City Manager, #18..
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A-19 City of Modesto
2022-20 Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project or his/her designee.

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

Contractor: United Pavement Maintenance, Inc.

Attn: Rodolfo Ruvalcaba
P.O. Box 1017
Hughson, CA 95326
Phone (209) 883-4345, Fax (209) 883-2238
City: City of Modesto
Director of Utilities
P.O. Box 642
Modesto, CA 95353
Phone (209) 577-5215, Fax (209) 577-1780
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

11. WORKFORCE REQUIREMENTS. Contractor included both a signed Local Hire Certification as well as a Skilled and Trained Workforce Certification with its bid, and such certifications are incorporated herein by reference. Contractor shall comply with all applicable requirements, including record keeping requirements, of Articles 7 and 8 of Chapter 3 of the Modesto Municipal Code.

12. EXECUTION OF AGREEMENT. The undersigned signatory(ies) for Contractor warrant(s) and represent(s) that he/she/they is/are legally competent to execute the Agreement and has/have full authority to execute this Agreement.

13. DISPUTE RESOLUTION. All claims, controversies, or disputes arising out of or relating to this Agreement, including its performance by either party, shall be finally #18..
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A-20 City of Modesto
2022-20 Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project resolved by arbitration in accordance with the Contract Documents.

14. MISCELLANEOUS. Time is of the essence of this Agreement. #18..
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A-21 City of Modesto
2022-20 Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project 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 23rd day of August, 2022, and Contractor has caused this Agreement to be duly executed.

CITY OF MODESTO, UNITED PAVEMENT MAINTENANCE, INC.

A California municipal corporation a California corporation By _____________________________ By ________________________________ JOSEPH P. LOPEZ, City Manager Name Title

By ________________________________
Name Title
Federal ID #47-1439289
ATTEST:
(Seal)
By
DIANE NAYARES-PEREZ, CMC, City Clerk
APPROVED AS TO FORM:

By
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:

By
JOE F. RODRIGUEZ, Risk Manager
Revised 5/17/2022 AM
* Corporations - signature of two (2) officers
required or one (1) officer plus corporate seal.

Partnership - signature of a partner required
Sole Proprietorship - signature of proprietor
required
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-1- City of Modesto
Construction Management and Inspection Services Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project

AGREEMENT FOR CONSTRUCTION MANAGEMENT

AND INSPECTION SERVICES FOR BRIGGSMORE AVENUE

AND ORANGEBURG AVENUE PAVEMENT REHABILITATION PROJECT
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this 23rd day of August, 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. The City has determined Construction Management and Inspection Services should be performed for the Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project 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 #18..
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-2- City of Modesto
Construction Management and Inspection Services Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project 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”. Notwithstanding the foregoing, in no event will Consultant be responsible for damages or considered in default due to delays beyond Consultant’s reasonable control.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed FOUR HUNDRED SEVENTY-FOUR THOUSAND, THREE HUNDRED SEVENTY-EIGHT AND 00/100 DOLLARS ($474,378.00) (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 within thirty (30) days of receipt of Consultant’s invoice. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto, #18..
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-3- City of Modesto
Construction Management and Inspection Services Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project 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-ofpocket 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 10% of the agreed maximum compensation, or FORTY-SEVEN THOUSAND, FOUR HUNDRED THIRTY-EIGHT AND 00/100 DOLLARS ($47,438.00).

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 FIVE HUNDRED TWENTY-ONE THOUSAND, EIGHT HUNDRED SIXTEEN AND 00/100 DOLLARS ($521,816.00). 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 represents that it will follow the current, generally accepted and professional practices to #18..
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-4- City of Modesto
Construction Management and Inspection Services Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project make findings, render opinions, prepare factual presentations, and provide professional advice and recommendationsregarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that JUSTIN WEHLING, PROJECT MANAGER & SUPERVISING CONSTRUCTION INSPECTOR, 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.

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.

However, in the event City reuses or modifies any materials furnished to City by Consultant, without Contractor’s involvement or consent, then Consultant shall not be responsible for the materials. 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. Notwithstanding anything to the contrary in this Agreement, data and materials are not intended nor shall they be construed to include Consultant’s preexisting intellectual property secured, developed, written, or produced by Consultant prior #18..
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-5- City of Modesto
Construction Management and Inspection Services Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project to the execution of this Agreement or developed concurrently with this Agreement but not specifically for this Agreement; Consultant shall retain all right, title and interest in any such pre-existing intellectual property.

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.

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 #18..
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-6- City of Modesto
Construction Management and Inspection Services Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original Agreement 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.

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 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 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 #18..
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-7- City of Modesto
Construction Management and Inspection Services Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project 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.

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 this Agreement, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the #18..
- 522 -
-8- City of Modesto
Construction Management and Inspection Services Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project 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 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: TRC Engineers, Inc.

Address: 10680 White Rock Road, Suite 100
Rancho Cordova, CA 95670
Attention: Lincoln Leaman, PE, QSD, Vice President
Phone: (916) 995-6572
E-mail: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Pete Kambel, Senior Civil Engineer
Phone: (209) 577-5444
Facsimile: (209) 577-4302
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 #18..
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-9- City of Modesto
Construction Management and Inspection Services Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project 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 PINS Insurance Program, for all of the following stated insurance policies.

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) 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.
#18..
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-10- City of Modesto
Construction Management and Inspection Services Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project (b) 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.
(c) 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. (d) Professional Liability (Errors and Omissions) Insurance appropriates 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 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, and employees 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, and employees 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 #18..
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-11- City of Modesto
Construction Management and Inspection Services Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project 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, and employees.

Any insurance or self-insurance maintained by the Entity, its officers, officials, or employees 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 provided that Consultant has not commenced to cure the breach or non-conforming Services within a reasonable amount of time, not to exceed seven (7) business days, of Consultant’s notice of such breach or non- conformance.

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.
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-12- City of Modesto
Construction Management and Inspection Services Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project Termination by City for Convenience
The City may also terminate the Consultant's performance under this 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 this 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 this 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 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 #18..
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-13- City of Modesto
Construction Management and Inspection Services Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project 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 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 #18..
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-14- City of Modesto
Construction Management and Inspection Services Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project the Consultant after termination for convenience shall be limited to amounts due and owing under this 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 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 this 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. #18..
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Construction Management and Inspection Services Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project

17. INDEMNITY.

The Consultant shall hold the City, its agents, officers, officials, and employees, 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, and employees 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 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 #18..
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Construction Management and Inspection Services Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project 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.

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.

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.
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-17- City of Modesto
Construction Management and Inspection Services Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project 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.

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.

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. #18..
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Construction Management and Inspection Services Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project

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.

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 #18..
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-19- City of Modesto
Construction Management and Inspection Services Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project 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 this 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.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #18..
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Construction Management and Inspection Services Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project 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 23rd day of August, 2022, and Consultant has caused this agreement to be duly executed in duplicate as of the Effective Date.
(Signatures on next page)
7/22/2022 PH Approved as to form
5157941.1
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City of Modesto | Briggsmore Avenue and Orangeburg Avenue Pavement Rehab Including Bid Alt 10680 White Rock Road T 916.826.4429
Suite 100 TRCcompanies.com
Rancho Cordova, CA 95670
EXHIBIT "A"
July 14, 2022
Peter Kambel, Senior Civil Engineer
City of Modesto
1010 Tenth Street, Suite 4600
Modesto, CA 95353
Subject: Scope of Services | Briggsmore Avenue and Orangeburg Avenue Pavement Rehab Including Bid Alt 2022-20 Dear Mr. Kambel,
Thank you for the opportunity to submit our proposal to provide construction management services for the Briggsmore Ave & Orangeburg Ave Pavement Rehabilitation project 2022-20. TRC is excited to continue our ongoing relationship with the City of Modesto and continue to deliver high-quality projects. Our proposal is based on our review of project plans and special provisions, as well as our experience in delivering similar projects for the City.

Project Understanding
Based on our review of the project documents, we understand that this is a high-profile project that will includes but not limited to the following,
• Pavement rehabilitation of Briggsmore Avenue from McHenry Avenue to Oakdale Road , Grind and place Rubberized chip seal & Type A Asphalt.
• Pavement Rehabilitation of Orangeburg Avenue from Coffee Road to Oakdale Avenue Pavement Rehab, Replacement of existing sidewalk and curb ramps for improvement of ADA accessibility • Sidewalk curb & Gutter, Curb Ramps & AC Pavement on Empire as noted in Bid alt 1 • 6 Rockwell’s on Empire as noted in Bid alt 1
• A combined total of 148 design-build Curb ramps for ADA compliance upgrade • Upgrade of existing Intersections with the Installation of detection cameras for traffic signal upgrade Construction and installation of new ADA push buttons
• New signs and striping throughout
We understand that the successful completion of this project will require experienced inspection and project management staff knowledgeable about this type of work and that is what TRC provides. In addition to providing expert staff, through our value-added approach to our work, we will identify any opportunities to expedite projectdelivery and reduce the overall cost of the project.

Scope of Services
We acknowledge the Scope of Services provided as part of this RFP and commit to deliver those services as defined and as further described below.

Task 1 Project Oversight
Task 2 Documentation and Document Control
Task 3 Quality Control, Inspection and Testing
Task 4 Materials testing
Task 5 Public Relations and Notifications - Keeping Max informed of daily operations Task 6 Contract Administration
Task 7 Construction Management/Coordination
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City of Modesto | Briggsmore Avenue and Orangeburg Avenue Pavement Rehab Including Bid Alt Task 8 Design-Build review and coordination of ADA curb ramps, verifying slopes • Hands-on Ramp review for ADA compliance in both phases, verification of forms & concrete placement • Review, approval, and implementation of a handicap accessible pedestrian reroutes during construction of new ADA compliant ramps
Task 9 Schedule And conduct Construction, Frequency to be determined, Weekly or Monthly Meetings • Attend, Pre-Construction Meeting Setup and ran by city • Pre-Construction Jobsite Documentation and Project Setup • Daily Field Inspection and documentation of work completed, issues identification and resolution • RFI/ PCO Review and recommendation
• WSWD
• Perform EEO Reviews for Labor compliance
• Review Contractors Progress payment, compile, and present monthly Pay estimates with City Pay sheets, updated Qty/Budget tracking spreadsheet to City staff for final review and payment.

Task 10 Start-up, Closeout and Acceptance
From our recent experience with similar projects in the City of Modesto, we understand the value of coordinating with the design team and surveyor during construction of ADA curb ramps. In many instances, these ramps will have a “custom” transition zone from the new ramp to the existing sidewalk. While all the elements of this project are important, getting these new ramps constructed properly requires continuous attention from layout to finishing. Weunderstand that this is an interactive and iterative process that involves strong technical skills, a clear understanding of the City’s expectations, and the ability to implement those expectations during the construction phase. We will continue to bring that level of service by delivering a completed project to the city that accomplishes their goals.

Project Manager/Supervising Construction Inspector Justin Wehling will represent our team. Justin has extensive experience performing Inspection and managing high-profile projects in the city right-of-way. Justin will provide oversight of the project to ensure focus is on the most important technical and political elements of the project. Justin will provide daily field inspection for this roadway rehabilitation project that includes the design-build of curb ramps to the latest ADA requirements. In addition, our proposed subconsultant partner, Terracon Consultants, Inc., will provide materials testing support.

Knowing our past success working within the city of Modesto, TRC believes our team will be a seamless addition to the City's existing resources. We will assist in taking your project from design to completion concentrating on the following efforts to minimize cost and schedule impacts
Should you have any questions regarding our proposal, please feel free to contact Justin Wehling directly at (916) 826-4429, or by email at [email protected].

Respectfully submitted,
TRC Engineers, Inc.

Lincoln Leaman, PE, QSD
Vice President/Northern California Regional Manager
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Cost of Services Worksheet
Project Schedule
Aug Sep Oct Nov Dec Jan Feb Mar Apr May
Calendar days 31 30 31 30 31 31 28 31 30 31 Estimated Prof. Svcs NTP: July 12, 2022 Work days 23 21 22 18 21 20 20 23 21 22 Estimated Substantial PHASE 1: Pre-Construction 12 100 Completion (Construction): 4/31/2023 PHASE 2: Construction 160 231 242 198 231 220 220 253 231 PHASE 3: Post-Construction 12 100 Estimated Manhours: 2,026 Position Name Rate Aug Sep Oct Nov Dec Jan Feb Mar Apr May Hours Project Manager (Non-PW Duties) Justin Wehling $ 190.00 60 60 $ 11,400.00 * Inspector (Day ST) Justin Wehling $ 194.00 40 40 $ 7,760.00 $ 19,160.00
$ 19,160.00
Project Manager (Non-PW Duties) Justin Wehling $ 190.00 21 22 18 21 20 20 23 21 166 $ 31,540.00 * Inspector (Day ST) Justin Wehling $ 194.00 168 176 144 168 160 160 184 168 1,328 $ 257,632.00 * Inspector (Day OT) Justin Wehling $ 263.00 42 44 36 42 40 40 46 42 332 $ 87,316.00 * Inspector (Night ST) Justin Wehling $ 205.00 0
* Inspector (Night OT) Justin Wehling $ 292.00 0
$ 376,488.00
Subconsultant: Materials Testing Terracon $44,560.00 NTE $ 44,560.00 Subconsultant Markup 5% $ 2,228.00
$ 46,788.00
$ 423,276.00
Project Manager (Non-PW Duties) Justin Wehling $ 190.00 60 60 $ 11,400.00 * Inspector (Day ST) Justin Wehling $ 194.00 40 40 $ 7,760.00 0 $ 19,160.00
$ 19,160.00
Vehicles (hourly) $1200/mo pro-rated $ 7.00 231 242 198 231 220 220 253 231 1,826 $ 12,782.00 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 $ -
$ 12,782.00
$ 12,782.00
$ 474,378.00
Notes and Assumptions:
* Denotes employees/classifications that are subject to prevailing wage.

City of Modesto | Construction Management Services for Briggsmore Avenue & Orangeburg Avenue Pavement Rehabilitation Project, RFP 2022-05 2022 2023
Totals
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
ODC's
SUBTOTAL ODC's:

TOTAL OF CONTRACT
• Fees are based on 160 day construction duration with professional services NTP anticipated in August 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.

TRC Engineers, Inc. City of Modesto | Construction Management, Inspection Services EXHIBIT "B"
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OFFICE OF THE CITY CLERK

NOTICE OF SPECIAL MEETING
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on
TUESDAY, AUGUST 23, 2022 at 3:45 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.

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

The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:

CLOSED SESSION

1. Consider appointing Real Property Negotiators Bill Sandhu, Public Works Director and Jose M. Sanchez, City Attorney for Property: APN: 036-023-002.

Motion appointing Real Property Negotiators Bill Sandhu, Public Works Director and Jose M. Sanchez, City Attorney for Property: APN: 036-023-002.

City Attorney, Jose M. Sanchez, 577-5284, [email protected] CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: 617 Airport Way, Modesto, CA 95354, APN: 036-023-002 Property Owners: City of Modesto
Negotiating Parties:

For City: Bill Sandhu, Public Works Director
Jose M. Sanchez, City Attorney
For Leasee: Alex Somerville, Senior Vice President
Under Negotiation: Price and Terms of a Site Lease Option Agreement CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(2) of the Government Code) #19..
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CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Brian Ferguson v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ14429015
Craig Davis v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ10611986 & ADJ11380747
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Six Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Khatri Brothers v. City of Modesto
Stanislaus County Superior Court
Case No.: CV-19-001846
Baljit Athwal, et al. v. Stanislaus County et al.

United States Eastern District
Case No.: 1:15-CV-00311
Georgia DeFilippo, et al. v. Stanislaus County et al.

United States Eastern District
Case No.: 1:18-CV-00496
Frank Carson v. Stanislaus County et al.

United States Eastern District
Case No.: 2:20-AT-00513
Eduardo Quintanar, Jr. v. Stanislaus County et al.

United States Eastern District
Case No.: 1:18-CV-01402
Walter W. Wells & Scott McFarlane v. Stanislaus County et al.

United States Eastern District
Case No.: 1:20-CV-00770
August 19, 2022 BY ORDER OF THE CHAIR
/S
Diane Nayares-Perez, CMC, City Clerk
Posted pursuant to Government Code Section 54956 on the bulletin board at Tenth Street Place on at by
date time signature
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TO: THE CLERK OF THE CITY OF MODESTO
RE: CLOSED SESSION
Pursuant to Section 2-1.02 of the Modesto Municipal Code, you are hereby authorized and empowered to call a special Closed Session meeting of the Council of the City of Modesto to be convened on
TUESDAY, AUGUST 23, 2022 at 3:45 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.

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

The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:

CLOSED SESSION

1. Consider appointing Real Property Negotiators Bill Sandhu, Public Works Director and Jose M. Sanchez, City Attorney for Property: APN: 036-023-002.

Motion appointing Real Property Negotiators Bill Sandhu, Public Works Director and Jose M. Sanchez, City Attorney for Property: APN: 036-023-002.

United States Eastern District
Case No.: 1:15-CV-00311
Georgia DeFilippo, et al. v. Stanislaus County et al.

United States Eastern District
Case No.: 1:18-CV-00496
Frank Carson v. Stanislaus County et al.

United States Eastern District
Case No.: 2:20-AT-00513
Eduardo Quintanar, Jr. v. Stanislaus County et al.

United States Eastern District
Case No.: 1:18-CV-01402
Walter W. Wells & Scott McFarlane v. Stanislaus County et al.

United States Eastern District
Case No.: 1:20-CV-00770
August 19, 2022 BY ORDER OF THE CHAIR
/S
__________________________
SUE ZWAHLEN, Mayor
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Modesto City CouncilAugust 23, 2022

Modesto City Council
August 23, 2022