Modesto City Council
October 11, 2022

It is expected that MFD shall be available at all times, for a minimum of seven days, to staff and operate the fire engine, with staffing consisting of three trained fire personnel for out of operational area assignments.

FISCAL IMPACT:

The fiscal impact of this agreement is the cost of providing normal routine maintenance and repairs of the Type 6 fire engine, which would not exceed $100 per repair. Beyond the $100, CalOES will pay for any additional repair costs, on a $100 deductible basis. Funds are fully budgeted for each Fiscal Year in the Fire Department’s Operating Budget.

COMMITTEE RECOMMENDATION:

This agenda item was not presented at the Committee level and was approved by City Manager to go directly to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement with the State of California Office of Emergency Services, to temporarily house and maintain a Type 6 fire engine and its associated equipment and authorizing the City Manager, or his designee to execute the Agreement.

Approved by:

Alan Ernst, Fire Chief
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Agreement
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?

RESOLUTION APPROVING AN AGREEMENT WITH THE STATE OF

CALIFORNIA OFFICE OF EMERGENCY SERVICES, TO TEMPORARILY HOUSE AND MAINTAIN A TYPE 6 FIRE ENGINE AND ITS ASSOCIATED

EQUIPMENT AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE TO EXECUTE THE AGREEMENT
WHEREAS, the California Governor’s Office of Emergency Services (CalOES) has selected the Modesto Fire Department (MFD) to house and maintain a Type 6 fire engine, complete with equipment; and
WHEREAS, the use of the vehicle is intended to provide aid for the following allhazard events, emergency incidents, civil defense, and disaster purposes: mutual aid; multiple alarm events and emergency incidents; emergency incidents threatening properties vital to national defense or important military installations; parades and displays; training of regular, volunteer and auxiliary firefighters; temporary standby for MFD’s regular fire engine and the regular fire engines of other fire departments while out of service for repairs; and
WHEREAS, the term of the agreement is for ten years, from October 30, 2022, through October 30, 2032; and
WHEREAS, if MFD enters into the agreement with CalOES, it would require MFD to house, maintain and respond with the apparatus when requested; and WHEREAS, maintenance would include: care of batteries, tires, appliances, lubrication, fuel, general cleaning and minor repairs. Repairs that are $100 or less are the responsibility of the City of Modesto. Repairs that exceed $100 are the responsibility of CalOES on a $100.00 deductible basis; and
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WHEREAS, it is expected that MFD shall be available at all times, for a minimum of seven days, to staff and operate the fire engine, with staffing consisting of three trained fire personnel for out of operational area assignments.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an agreement with the State of California Office of Emergency Services, to temporarily house and maintain a Type 6 fire engine and its associated equipment
BE IT FURTHER RESOLVED that the City Manager or 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 11th day of October, 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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GAVIN NEWSOM

GOVERNOR
MARK S. GHILARDUCCI

DIRECTOR
3650 SCHRIEVER AVENUE  MATHER, CA 95655

FIRE AND RESCUE DIVISION
PHONE: (916) 845-8711  FAX: (916) 845-8396
Date: September 19, 2022
Alan Ernst Fire Chief
Modesto Fire Department
409 12th Street
Modesto, CA 95354
Dear Chief Alan Ernst
You will find enclosed two copies of Assignment of Equipment Form, and Agreement for Temporary Transfer of Vehicular Equipment covering the transfer of Cal OES Fire Engine Number: 4615 to the Modesto Fire Department. The agreement is effective October 30, 2022
Please have the authorized official sign both copies of the above-mentioned documents and return one original set to our office. Cal OES cannot transfer the fire engine to your agency until this signed agreement is returned.

Cal OES must also be furnished with a Certificate of Insurance, or a letter certifying selfinsurance in the amounts required, in accordance with Paragraph 11 of the Agreement for Temporary Transfer of Vehicular Equipment.

If you have any questions regarding this transfer, please feel free to contact our office.

Sincerely,
BRIAN S. MARSHALL
State Fire and Rescue Chief
BSM/
Enclosures
Cc: Eric Walder, Region IV Fire and Rescue Coordinator
Chris Parnell, Operational Area Coordinator
Art Torrez, Cal OES Fire and Rescue Deputy Chief, North or South Operations Corey Zander, Cal OES Fire and Rescue Assistant Chief
Kit Bailey, Cal OES fire and Rescue Assistant Chief
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
1 10/2020
Agreement for Temporary Transfer of Vehicular Equipment-Type VI Engine

AGREEMENT FOR TEMPORARY TRANSFER OF

VEHICULAR EQUIPMENT-TYPE VI FIRE ENGINE
THIS AGREEMENT, entered into this September 19, 2022, by and between the STATE OF CALIFORNIA acting by and between its duly appointed, qualified Director of the Governor’s Office of Emergency Services (Cal OES), hereinafter called the "STATE," and the Modesto Fire Department, acting by and through its duly appointed, qualified and acting officers, hereinafter called "TRANSFEREE",
W I T N E S S E T H:

IT IS HEREBY MUTUALLY AGREED between the parties hereto as follows:

The STATE hereby transfers possession to TRANSFEREE and TRANSFEREE hereby accepts possession from STATE of the fire engine and equipment listed on the attached Exhibit "A" which is by this reference made a part hereof, for the period commencing October 30, 2022, through October 30, 2032, for the following all-hazard events, emergency incidents, civil defense, and disaster purposes, namely:

Mutual aid, multiple alarm events and emergency incidents, emergency incidents threatening properties vital to national defense or important military installations, parades and displays, training of regular, volunteer and auxiliary firefighters and temporary standby for assignee's regular fire engine and the regular fire engines of other fire departments while out of service for repairs. a. Vehicle Description: 2020 HME/Ahrens-Fox Type 6 Wildland Fire Engine Vehicle Designation: 4615
Vehicle License Number: 1611779
Vehicle Identification Number: 1FD0W5HT7LED22972
Value of Vehicle: $215,599.00
Value of Hose and Appliances: $41,826.00
b. Equipment inventories (Exhibit "A") may by mutual concurrence of the STATE and TRANSFEREE be changed during the term of this agreement, utilizing property accountability procedures established or approved by the STATE.

A. Transfer of Possession
The following outlines the steps required to complete the transfer of the fire engine from the STATE to the TRANSFEREE:
a. The STATE shall send two copies of the Assignment of Equipment Form and Agreement for Temporary Transfer to the TRANSFEREE for signatures. b. The TRANSFEREE shall obtain the necessary signatures from the Fire Chief. c. The TRANSFEREE shall send the completed Assignment of Equipment Form and Agreement for Temporary Transfer forms back to the STATE. d. The STATE shall then contact the TRANSFEREE to schedule a date for the transfer to take place.
e. The TRANSFEREE shall travel to the Cal OES Fire and Rescue Fleet Services #10..
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
2 10/2020
Agreement for Temporary Transfer of Vehicular Equipment-Type VI Engine Division, located at:
3791 Bradview Drive
Sacramento, California 95827
f. TRANSFEREE shall be responsible for all travel expenses (to and from) including, vehicle, fuel, food, and lodging.
g. The STATE shall provide the TRANSFEREE with a comprehensive training session specific to the operation and maintenance of the fire engine. h. TRANSFEREE shall notify the STATE and the appropriate CAL OES Fire and Rescue Region Assistance Chief(s), Operational Area and Region Dispatch centers of the fire engine assignment and entering the fire engine information into the resource ordering system of record.

The following outlines the steps required to complete the return of the fire engine from the TRANSFEREE to the STATE:
a. This section does not apply to the return of the fire engine from the TRANSFEREE to the STATE when a new or replacement fire engine is assigned by the STATE to the TRANSFEREE.
b. The TRANSFEREE shall notify the STATE of the intent to return the fire engine to the STATE.
c. The STATE shall coordinate a pre-inspection to be performed on the fire engine to determine the condition of the fire engine and equipment inventory of equipment. This pre-inspection shall be performed by the Cal OES Fire and Region Division Assistance Chief.
d. The TRANSFEREE shall return the fire engine to the Cal OES Fire and Rescue Fleet Services Division, located at:
3791 Bradview Drive
Sacramento, California 95827
e. TRANSFEREE shall be responsible for all travel expenses (to and from) including, vehicle, fuel, food, and lodging.
f. The STATE shall preform a final inspection on the fire engine and the equipment inventory.

B. Housing, Maintenance, Repair and Replacement
During the term of this transfer, TRANSFEREE agrees to adequately house in an enclosed secure structure, staff, operate, maintain and repair (consistent with section 2 b.) said fire engine and equipment (hereinafter collectively referred to as the ”fire engine" except where it is desired to refer to equipment alone, in which case the term "equipment" will be used) at its sole cost and expense, save as otherwise expressly provided in this agreement. Fire engine shall be housed on property of the TRANSFEREE in a manner to provide reasonable protection against inclement weather, sabotage, theft or malicious damage. Fire engine shall be maintained in accordance with manufacturer’s recommendations, and in such condition that it is available for immediate emergency use. Maintenance shall include care of hose, batteries, tires, appliances, lubrication and fuel, general cleaning and polishing, minor body repairs and periodic testing. Repairs shall include, without being limited to, motor tune-ups, pump repairs, transmission, differential and all running gears, brake and exhaust systems, cooling devices #10..
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
3 10/2020
Agreement for Temporary Transfer of Vehicular Equipment-Type VI Engine including radiator, pump packing, equipment assigned to apparatus and so forth. a. Repairs up to and including $100.00 for each individual item of repair shall be the responsibility of TRANSFEREE.
b. Repairs exceeding $100.00 for each individual item of repair shall be the responsibility of STATE; however, a $100.00 deductible shall apply, unless in the judgment of the STATE the repairs results from misuse or negligence on the part of TRANSFEREE in the maintenance or use of the fire engine, in which event the cost of each such item of repair above $100.00 shall also be the responsibility of TRANSFEREE. In no event shall TRANSFEREE arrange for repairs costing above $100.00 for any item of repair, whether it deems the same to be the responsibility of STATE or TRANSFEREE, without first obtaining authorization in writing from STATE.
c. Notwithstanding the foregoing, replacement of hose, batteries and tires shall be the responsibility of STATE, save to the extent STATE deems damage thereto to be the result of negligence or misuse on the part of TRANSFEREE, in which event TRANSFEREE will bear such portion of the replacement cost thereof as the STATE deems equitable. Procurement of tires, hose and batteries is subject to State fiscal policies and procedures, and written approval must be obtained by STATE prior to procurement. d. Maintenance and repairs must be requested and authorized pursuant to Cal OES, Fire and Rescue Division Operations Bulletin # 18, which is here by incorporated into this agreement by reference.
e. Repair or replacement of the fire engine transferred hereunder which is consumed, lost, stolen, damaged or destroyed during mutual aid operations when STATE has dispatched or directed the dispatch of said apparatus through Regional or Operational Area Fire and Rescue Coordinators, or when STATE has reassigned said apparatus pursuant to the provisions of paragraph 10 of this agreement, shall be the responsibility of STATE However, in the event that any such loss or damage is due to the negligence of TRANSFEREE, under such circumstances, TRANSFEREE shall be liable therefore to the extent that the STATE deems equitable. TRANSFEREE agrees that it will assume responsibility in full for the repair or replacement of equipment which has been consumed, lost, stolen, damaged or destroyed in operations other than referred to in this paragraph.

3. Inspection of Apparatus
TRANSFEREE agrees that representatives of STATE and other authorized State personnel may inspect the fire engine at any time, with or without advance notice.

4. Staffing
Reasonable and continual training shall be carried on so that trained personnel shall at all times be available to staff and operate said fire engine. The TRANSFEREE #10..
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
4 10/2020
Agreement for Temporary Transfer of Vehicular Equipment-Type VI Engine shall provide personnel to staff the transferred fire engine per FIRESCOPE ICS standards with the expectation of staffing with three trained fire personnel for out of operational area assignments.

Per the California Fire Assistance Agreement, personnel under this Agreement are expected to be available for a minimum of seven (7) days (elapsed time) excluding travel, before needing replacement, regardless of the number of assignments from original dispatch. When local government personnel, staffing the fire engine, are committed to extended assignments there may be a need to replace or rotate personnel. Personnel rotation will follow the direction outlined in the California Fire Assistance Agreement when assigned to an incident within California. Crew rotation for incidents outside of California shall be consistent with the appropriate forest’s agencies policy and coordinated by STATE.

5. Personal Protective Equipment (PPE) and Specialized Equipment In addition to providing the standard complement of firefighting PPE, it shall be the TRANSFEREE’S responsibility to provide its personnel with all other PPE that may be required by NFPA 1901, other NFPA Standards, and 8 CA ADC § 3401 et seq. This shall include, but not be limited to, one Traffic Vest (ANSI / ISEA 207) for each seating position. In addition, we recommend chainsaw chaps be provided.

6. Training
Personnel assigned shall meet wildland fire and ICS standards established in the California Incident Command Certification System (CICCS) (January 2014 version) or NWCG 310-1 (October 2020 version). Personnel staffing STATE Type VI Fire Engines shall include the following qualifications: Company Officer (Engine Boss/ENGB), Apparatus Operator (engineer), and Firefighter (FFT1 or FFT2).

TRANSFEREE agrees to participate in an off-road train-the-trainer course and to adopt an off-road training program for their respective agencies.

7. Dispatching
All movement of the fire engine shall be handled through the official dispatching channels of TRANSFEREE. TRANSFEREE dispatchers will recognize and act on all official requests for movement of the fire engine in conformance with the Fire and Rescue Annex (California Fire and Rescue Mutual Aid System) to the State Emergency Plan and its subsequent revisions. STATE reserves the right to dispatch, direct the dispatch of, or temporarily reassign the said apparatus and equipment whenever, in the opinion of the Director of the Governor’s Office of Emergency Services, their representatives, or Operational Area and Regional Fire and Rescue Coordinators, such equipment and apparatus is essential to the protection of life and property in another jurisdiction or in the best interest of the STATE.

8. Mutual Aid Response
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
5 10/2020
Agreement for Temporary Transfer of Vehicular Equipment-Type VI Engine Procedures for mutual aid response shall be in accordance with California Fire Service and Rescue Emergency Mutual Aid Plan.

9. Reimbursable Response
Reimbursement for mutual aid may be provided pursuant to a governor’s disaster proclamation or when conditions warrant invoking the California Fire Assistance Agreement, the State of Nevada Cooperative Agreement, the Emergency Management Assistance Compact, or the Interstate Compact as appropriate.

There is no other existing provision for mutual aid reimbursement.

10. Temporary Use
TRANSFEREE shall be permitted to use the fire engine for temporary cover of fire stations when emergency conditions warrant, or when regular fire engine is out of service for repairs. In either case, the TRANSFEREE shall immediately notify the Operational Area Dispatch Center. The TRANSFEREE further agrees that Cover-in or Standby of the fire engine exceeding 90 days is at the discretion of the STATE.

11. Temporary Transfer
a. A transfer of the fire engine or any portion thereof by TRANSFEREE for any period not exceeding seven consecutive days within a given Operational Area may be made with the consent of the Operational Area Fire and Rescue Coordinator and the STATE, providing that at the time such fire engine is received, such Temporary Transferee furnish TRANSFEREE and STATE a letter to the effect that Temporary Transferee assumes all obligations and criteria of TRANSFEREE with respect to such fire engine under this agreement during the period of transfer, including insurance coverage in accordance with Paragraph 13 or 14, as appropriate, and a copy of this Agreement is provided to the Temporary Transferee. Any transfer by TRANSFEREE for a period of more than seven consecutive days shall be subject to authorization by the STATE and execution of an “Agreement for the Temporary Transfer of Vehicular Equipment”, with the agency requesting the transfer.
b. Whenever fire engine is transferred in accordance with the provisions of paragraph 11.a, regular TRANSFEREE shall be relieved of its obligations under this agreement during such period of transfer.
c. Complete a written Temporary Cal OES Fire Engine Transfer Record, Exhibit “C”. The TRANSFEREE will retain one copy, the Temporary Transferee will retain one copy, and one copy will be forwarded to the STATE.

12. Reports and Records
TRANSFEREE shall maintain daily and monthly reports on the details of fire engine #10..
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
6 10/2020
Agreement for Temporary Transfer of Vehicular Equipment-Type VI Engine Use on OES F-101 Form. A Smoke Opacity Test, Pump Test, and Hose Test, and Ladder Test shall be completed annually. Written results of all tests and reports shall be forwarded to the STATE, by the end of the calendar year. A recent copy of the tests and reports shall be maintained in the vehicle logbook.

13. Report of Accidents
TRANSFEREE shall immediately notify STATE following any and all accidents involving this fire engine. It shall be the responsibility of TRANSFEREE to fill out State Form 270, "Report of Automobile Accident," and file the report with the STATE. A copy of this report shall be retained by the TRANSFEREE and the original and four copies forwarded to the STATE.

14. Insurance Protection (Non- State Agencies)
a. TRANSFEREE agrees forthwith to furnish evidence of insurance protecting the legal liability of the TRANSFEREE and the STATE for liability and/or property damage with a combined single limit of 1,000,000.00 per occurrence, by means of a Certificate of Insurance naming State of California as Additional Insured. Said certificate shall contain an agreement by the insurance company that it will not cancel said policy without 15 days prior written notice to the STATE and that the STATE is not liable for the payment of any premiums or assessments thereon. Said certificate must include the description of the fire engine including VIN, state license number and fire engine number.
b. In the event the TRANSFEREE is self-insured, TRANSFEREE in lieu of a certificate of insurance shall furnish the STATE a written statement of such fact. In such event TRANSFEREE agrees to hold the STATE harmless from any personal injury or property damage claims arising out of its maintenance, use or operation of the fire engine under the terms of this agreement. c. Physical damage insurance, including collision coverage and comprehensive coverage, shall be obtained. The STATE will be named as a loss payee. The description of the vehicle and the necessary amount of insurance required is outlined in attached Exhibit "C" which is by this reference made a part hereof.

15. Insurance Protection (State Agencies)
Any insurance necessary for coverage of the fire engine shall be the sole responsibility of the department having custody of the vehicle. TRANSFEREE agrees to report apparatus as being under its control to the Insurance Officer, Department of General Services.

16. Termination of Agreement
a. Either party may terminate this agreement upon 14 days written notice to other party, or TRANSFEREE may relinquish or STATE may repossess any #10..
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
7 10/2020
Agreement for Temporary Transfer of Vehicular Equipment-Type VI Engine portion of the fire engine upon like notice to the other party, except that STATE may repossess any portion thereof without written notice whenever it deems the same is not being maintained in accordance with this agreement.
b. Upon the termination of this agreement, TRANSFEREE agrees to return said fire engine in the same condition as received, reasonable wear and tear excepted.
c. As inventory changes occur, or items of equipment are replaced, deleted or added by the STATE or replaced by TRANSFEREE, it is mutually agreed that no amendment to this agreement need be made at the time of the change; provided however, at the termination of this agreement a complete reconciliation of all equipment will be made. TRANSFEREE further agrees that all replacements for fire engine or equipment will be made with identical or substantially like items as approved by the STATE. d. Nothing in this agreement shall be construed to create a new property interest or right of action for the TRANSFEREE.

17. Unauthorized Use of STATE Fire Engine and Equipment Use of this fire engine other than as specified in paragraph 1 will be considered a breach of this agreement.

18. Use of Radio Equipment
a. STATE will furnish at STATE's sole cost, radio equipment installed in the fire engine to be operated on the current approved State radio load. b. STATE agrees to maintain said radio equipment without cost to TRANSFEREE. c. The TRANSFEREE agrees to operate said radio equipment in accordance with the Rules and Regulations of the Federal Communications Commission.
d. Ownership of said equipment is in the STATE, and all applications to the Federal Communications Commission seeking authority to add, modify or replace radio equipment covered by this agreement shall be made by and in the name of the State of California. To activate this agreement and in compliance with the control requirements of the Communications Act of 1934, as amended, the STATE hereby deputizes the Chief of the agency of said TRANSFEREE, and such volunteers, regularly employed and salaried assistants as shall be designated by the Chief of the agency as his agents to operate said radio equipment as specified in paragraph ''c" above. e. STATE assumes no liability hereunder for claims or losses accruing or resulting to any person, firm or corporation furnishing or supplying work, services or material or services in connection with the performance of this agreement #10..
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
8 10/2020
Agreement for Temporary Transfer of Vehicular Equipment-Type VI Engine or for any claims and losses accruing or resulting to any person, firm or corporation injured or damaged by performance of either party hereunder.

19. Notices
All notices herein provided to be given, or which may be given by either party to the other shall be deemed to have been fully given when made in writing and deposited in the U.S. mail, registered and postage prepaid and addressed as follows: To the TRANSFEREE at Modesto Fire Department, 409 12th Street, Modesto, CA 95354 and to the STATE at Governor’s Office of Emergency Services, Fire and Rescue Division, 3650 Schriever Avenue, Mather, CA 95655. The address to which notices shall or may be mailed as aforesaid to either party may be changed by written notice given by such party to the other, as hereinabove provided; but nothing herein contained shall preclude the giving of any such notice by personal service.

20. Alterations and Variations
It is mutually understood and agreed that no alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein, and no alterations or variations of the terms hereof unless made in writing between the parties hereto shall be binding on any of the parties hereto.

21. Waivers
The STATE may in its sole discretion and for such good cause as it determines waive in writing in whole or in part any requirement of this agreement that fire engine and/or equipment shall be maintained in operating condition, or repaired, or replaced, providing that any such waiver shall be applicable only to the specific fire engine or equipment to which it refers. No failure to enforce any provision of this Agreement shall be construed as a waiver of the provision. Any waiver, in order to be effective, must be in writing and shall only be effective for the instance specified in the writing.

IN WITNESS WHEREOF the parties hereto have executed this agreement upon the date first above written.

TRANSFEREE: STATE OF CALIFORNIA:
_Modesto Fire Department_______ ___________Mark S. Ghilarducci _ Director
Governor’s Office of Emergency Services
By: By:

Alan Ernst, Fire Chief Brian S. Marshall
State Fire and Rescue Chief
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
10/2020
Agreement for Temporary Transfer of Vehicular Equipment-Type VI Fire Engine EXHIBIT “A”
EQUIPMENT INVENTORY: Type VI Fire Engine

QUAN DESCRIPTION OES
NUMBER
SERIAL
NUMBER

FIRE HOSE
3 1 ½” NH X 50’, Structural Hose
1 1 ½” NH X 35’, Structural Hose
1 1 ½” NH X 35’, Wildland Hose
1 3” NH X 15’ Soft Suction Hose
8 3” NH X 50 Structural Hose
3 1 ½” NH X 100’, Wildland Hose
3 1” NPSH X 100’, Wildland Hose
3 5/8” GHT X 100’, Wildland Hose

HOSE REEL FIRE HOSE
2 ¾” NPSHX 50’, Hose Reel

SUCTION HOSE
2 3” NH X 9’, Suction Hose
1 1 ½” NH X 8, Suction Hose

NOZZLES
1 1 ½” NH Nozzle Structural, 30-125 GPM, Pistol Grip
1 1 ½” NH Nozzle, Structural, 30-125 GPM, Break-Apart
2 1 ½” NH Nozzle, Wildland, 20-60 GPM
1 1” NPSH Foam Nozzle, Pistol Grip
1 ¾” GHT Nozzle, Wildland
4 1” NPSH Nozzle, Wildland, 10-23 GPM
1 1 ½” NH Nozzle, Wildland w/ Foam Nozzle Attached

ADAPTERS AND FITTINGS
1 2 ½” NH Double Male
1 2 ½” NH Double Female
1 2 ½” NH-F X 1 ½” NH-M Reducer
1 1 ½” NH Double Male
2 1 ½” NH Double Female
1 1” NPSH Double Male
1 1” NPSH Double Female
1 1 ½” NH-F X 1” NH-M Reducer
2 1 ½” NH-F X 1” NPSH-M Reducer
3 1” NPSH-F X ¾” GHT-M Reducer
1 1 ½” NH-F X 2 ½” NH-M Increaser
1 ¾” GHT-F X 1” NSPH-M Increaser
1 1” NPSF-F X 1 ½” NH-M Increaser
1 3” NH-F X 2 ½” NH-F Adapter
1 1 ½” NPSH-F X 1 ½” NH-M Adapter
1 1 ½” NH-F X 1 ½” NPSH-M Adapter
1 1” NH-F X 1” NPSH-M Reducer
1 1 ½” NH-F X 1 ½” NH-M In-Line Shut-Off
1 1” NPSH-F X 1” NPSH-M In-Line Shut-Off
5 ¾” GHT-F X ¾” GHT-M In-Line Shut-Off

HOSE APPLIANCES
1 2 ½” NH-F X 1 ½” NH-F X 1 ½” NH-F Gated Wye
2 1 ½” NH-F X 1 ½” NH-M X 1 ½” NH-M Gated Wye
A-1
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
10/2020
Agreement for Temporary Transfer of Vehicular Equipment-Type VI Fire Engine 1 1” NPSH-F X 1” NPSH-M X 1” NPSH-M Gated Wye
1 ¾” GHT-F X ¾” GHT-M X ¾” GHT-M Gated Wye
3 1 ½” NH-F X 1 ½” NH-M X 1” NPSH-M Tee
3 1” NPSH-F X 1” NPSH-M X 1” NPSH-M Tee
1 3” NH Suction Hose Strainer
1 1 ½” NH Strainer/Foot Valve
1 1 ½” NH Floating Strainer

LADDERS
1 Little Giant Ladder, 20’

HAND TOOLS
1 Pick-Head Axe, 6 LB, 36” Handle
1 Flat-Head Axe, 6 LB, 36” Handle
1 Pike Pole, 6’
1 Rubbish Hook, 6’
2 Forest Fire Shovel
1 McLeod
1 Pulaski
1 Fire Rake
1 Council Combination Tool
2 Hay Hooks
1 Pipe Wrench, 24”
1 Bolt Cutters, 24”
1 Fence Pliers

HOSE ACCESSORIES
2 Forestry Spanner Wrench, Combination
1 Dead-Blow Hammer, 2 LB
1 Hydrant Wrench
2 Spanner Wrench
1 Foam Can Wrench
1 Hose Roller
2 Wildland Hose Clamp

PORTABLE PUMP
1 Portable Pump, 119 GPM, 64 PSI
2 2” NPT-F X 1 ½” NH-M Adapter
1 Fuel Can, 2 ½ Gallon, Regular Fuel

BACKPACK PUMP
1 Backpack Pump, 5 Gallon

DRIP TORCH
1 Drip Torch

TRUCK EQUIPMENT
2 Chock Blocks
1 Triangle Warning Reflectors
1 Electronic Road Flare Kit
1 Traffic Cones, Collapsible Kit,
1 Jack, 8-Ton
1 Tow Chain, 25’ X 3/8”, 6,660 LB Working Load

CHAIN SAW
1 Chain Saw, 24” Bar, Standard Chain
1 Spark Plug, Spare
1 Air Filter, Spare
1 Bar, 24”, Spare
A-2
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
10/2020
Agreement for Temporary Transfer of Vehicular Equipment-Type VI Fire Engine 1 Bar Oil, 1 Gallon
1 Chain Saw Tool Kit

FIRE EXTINGUISHERS
1 30 LB BC Fire Extinguisher
1 5 LB ABC Fire Extinguisher

EXTRICATION EQUIPMENT
1 Spreader, eDRAULIC
1 Cutter, eDRAULIC
1 Ram, eDRAULIC
Rechargeable Battery
1 Battery Charger, Multi-Bank

MEDICAL EQUIPMENT
1 Trauma Kit
1 Burn Kit
ROPE
1 Utility Rope, ½” X 100’
1 Rope Bag
G.P.S.
1 Garmin
A-3
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
10/2020
Agreement for Temporary Transfer of Vehicular Equipment-Type VI Fire Engine EXHIBIT “B”
RADIO INVENTORY: Type VI Fire Engine

QUAN DESCRIPTION OES NUMBER SERIAL
NUMBER

MOBILE RADIOS
1 Mobile Radio, Bendix-King, KNG M-150

PORTABLE RADIOS
1 Portable Radio, Bendix-King, KNG P-150
1 Speaker Microphone
1 Battery Holder
1 Carrying Case, Leather
B-1
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
10/2020
Agreement for Temporary Transfer of Vehicular Equipment-Type VI Fire Engine EXHIBIT “C”

TEMPORARY CAL OES FIRE ENGINE TRANSFER RECORD
NO. A R T I C L E OES
DECAL

QUANTITY

1. 500 GPM Type IV Fire Engine, complete with
equipment per attached Exhibit "A" of Agreement
for Temporary Transfer of Vehicular Equipment.

OES - 1

2. License No: 1611779

3. VIN No: 1FD0W5HT7LED22972

4. Engine Number: 4615

5. Proof of Insurance:

6. Inventory Completed:

7. 8.

9. 10.

11. REASON FOR TEMPORARY TRANSFER:

SIGNATURES:

Date

PERMANENT TRANSFEREE
Date

TEMPORARY TRANSFEREE
C-1
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
10/2020
Agreement for Temporary Transfer of Vehicular Equipment-Type VI Engine EXHIBIT “D”

INSURANCE REQUIREMENTS
Part of the agreement through which the STATE makes a temporary transfer of vehicular equipment is the agreement on the part of the TRANSFEREE to furnish certain evidence of insurance. Your organization, as a transferee of equipment, will want to be mindful of these requirements and assure they are complied with.

Liability Insurance
A certificate of insurance shall be furnished to the STATE providing minimum limits of insurance as follows:

BODILY INJURY and PROPERTY DAMAGE LIABILITY $1,000,000.00 PER OCCURANCE A certificate of insurance will have the following provisions included:

1. The State of California shall be named Loss Payee and Additional Insured.

2. The insurance company shall agree that in the event of cancellation, 15 days prior written notice will be given to the STATE.

3. The STATE shall not be responsible for premium or assessments.

4. Certificate of Insurance must include the description of the fire engine including identification number, State license number and Cal OES unit number.

Physical Damage Insurance
The transfer agreements place certain responsibilities upon your organization for the safekeeping of the vehicle and equipment. The STATE will look to your organization for reimbursement for repair or replacement cost in the event the vehicle or equipment is damaged by misuse or negligence or by other causes, except normal wear and tear, acts of God and conditions over which your organization has no control.

D-1
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
10/2020
Agreement for Temporary Transfer of Vehicular Equipment-Type VI Engine Description of Fire Engine

VEHICLE VALUE
2020 FORD (HME) $215,599.00
License Number: 1611779
VIN Number: 1FD0W5HT7LED22972
Engine Number: 4615

EQUIPMENT
Hose and Appliance $41,826.00
D-2
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State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
10/2020
Agreement for Temporary Transfer of Vehicular Equipment-Type VI Engine EXHIBIT “E”
Original text of letter addressed to the California Fire Service outlining the specifications to be considered for a Type VI fire engine assignment:

As a result of the Governor’s Blue-Ribbon Commission of the 2003 Fire Siege, the Governor’s Office of Emergency Services, Fire and Rescue Division has purchased seventy-nine Type VI fire engines.

Cal OES, Fire and Rescue Division is notifying agencies that are interested in becoming a transferee of the new Type VI fire engines. These fire engines will be assigned within the Cal OES Regions. Agencies desiring to house and staff these fire engines must meet the following criteria for consideration of transfer. All these items must be addressed in your fire engine request.

Training:
· Personnel responding with the fire engine shall meet wildland fire and ICS training standards established in the California Incident Command Certification System (CICCS) or NWCG 310-1 (Current version) for the following positions; 1 Engine Boss or Company Officer
1 Apparatus Operator (Engineer)
1 Firefighter (Type 1 or 2 Firefighter)
· The department has or will adopt a 4X4 Driver Training Program Cal OES, Fire and Rescue Division Type VI TRANSFEREE will be expected to meet and accept the following work assignments & staffing:
· Backfire, Burnout, Holding, and Mop-Up
· Progressive Hose Lays, Hose Lays supplemented with portable pumps · Construct Hand lines
· Mobile Pumping
· Operate in Off-Road Environment
· Meet the expected 7-Day minimum assignment period in compliance with the California Fire Assistance Agreement.
· Meet FIRESCOPE compliant 3-person staffing
· The ability to staff 3-person staffing for out of Operational Area dispatches · The transfer agreement that transfers the fire engine requires that a fire department staff the fire engine for immediate need with 3 fully trained personnel.
· The department should assess if it has the staffing capability to send the engine out (minimum 3 fire fighters) for 7-14 days (excluding travel time) E-1
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

October 11, 2022
Date: September 19, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Real Time Crime Center Workstation Purchase
CONTACT: Jessica Smart, Police Administrator, [email protected], 209.572.9500 DESCRIPTION:

Consider approving a one-time purchase with Watson Furniture Group, by utilizing the competitive bid process from the Houston-Galveston Area Council (H-GAC), for the purchase and installation of Real Time Crime Center (RTCC) workstation furniture, equipment, materials and labor for an estimated cost not to exceed $62,627. (Funding Source: Police - Grants) STRATEGIC PLAN ELEMENT:

This item is related to the adopted City Council 2020-2025 Strategic Plan for Governance and Service Delivery by building community trust in city government through transparent and efficient service delivery.

BACKGROUND:

In March of 2020, the Bureau of Justice Assistance posted a solicitation for applications for funding under the Coronavirus Emergency Supplemental Funding (CESF) Program of the Bureau of Justice Assistance (BJA) of the U.S. Department of Justice. The BJA CESF Program provided funding to assist states, local units of government, and tribes in preventing, preparing for, and responding to the coronavirus.

The performance period for the BJA CESF Program was back-dated to January 20, 2020 and ran for two years with an option to request a one-time, up to 12-month extension, to be requested no fewer than 30 days prior to the end of the performance period. The deadline to apply for the BJA CESF Program was May 29, 2020.

The Modesto Police Department received City Council approval, by Resolution No. 2020-226, to apply for the BJA CESF Program on May 12, 2020 and subsequently was awarded $468,128 on May 29, 2020. Based on the department’s application, the funding was allocated to the following:
 Overtime operations for targeted operations related to Domestic Violence Reduction and Commercial and Vehicle Burglaries and Thefts.
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City Council, October 11, 2022
Real Time Crime Center Workstation Purchase

 Overtime and general staffing for the Telephone Reporting Unit located within the RTCC to limit in-person contacts and increase telephone and online report taking for calls for service that do not require an officer to respond.
 Purchase of kiosks for the main station lobby for those without internet access to be able to file reports and access information.
 Purchase of workstations for the RTCC to better facilitate the staffing in the RTCC and to assist with the continuing efforts to limit person-to-person contact and increasing capacity to take telephone and online reports for calls that do not require an officer to respond.

In November 2021, the department submitted a Grant Funding Extension request to extend the performance period of the grant for an additional 12 months. This extension request was approved making the grant end day January 31, 2023. This extension was needed to ensure the department had adequate time to complete the final components of the grant which included expending the remaining overtime budget for domestic violence operations and staffing the RTCC as well as the purchases of the kiosks and workstations.

DISCUSSION:

One of the remaining portions of the BJA CESF Program funding is related to the purchase of RTCC workstations and equipment for the RTCC. This is to grow the capacity for increased staffing to assist with telephone and online reports for calls that do not require an officer to respond. With the increased amount of calls, technology support such as video monitoring and intel, as well as online reports, it is imperative to expand the work area to ensure adequate staffing, and also improve ergonomics, thus reducing the potential for staff injuries. In order to meet the needs of the department, Police Department and Purchasing Division staff sought to leverage an industry leader in public safety workstations. The vendor identified by those with knowledge of public safety workstation providers was Watson Furniture Group. The Watson Furniture Group offers a robust and ergonomic product with an extended warranty, and parts that have been tested for repetitive use. Expanded work zones and monitor array mounting options allow equipment to remain clutter free and clear of interference, thus decreasing downtime. In addition to being an industry leader, Watson Furniture Group also has a Houston-Galveston Area Council (H-GAC) contract which has been vetted by the Purchasing Division of the Finance Department.

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

FISCAL IMPACT:

This purchase is covered by funding within the BJA CESF Program grant budget. The quote from Watson Furniture Group is for $44,843 for parts and labor and the department is seeking authorization for up to the grant award amount for this expense category to allow for a contingency in an amount of $17,784 for additional parts and labor that may be needed and that #11..
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City Council, October 11, 2022
Real Time Crime Center Workstation Purchase

qualifies as a grant expense. There is $62,627 available in the console purchase category of this grant in project # 101263 (MPD - 2020 BJAG COVID19 Funding).

FUND PROJECT BUDGETED AMOUNT
1342 - Police – Grants 101263 $62,627
TOTAL NOT TO EXCEED $62,627
COMMITTEE RECOMMENDATION:

This item was presented to the Safety & Communities Committee on September 12, 2022 and the Committee recommended forwarding to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a one-time purchase with Watson Furniture Group, by utilizing the competitive bid process from the Houston-Galveston Area Council (H-GAC), for the purchase and installation of Real Time Crime Center (RTCC) workstation furniture, equipment, materials and labor for an estimated cost not to exceed $62,627; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

Approved by:

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

1. Resolution

2. Watson Furniture Group Quotation

3. H-GAC Bid Tabulation

4. Signed Financial Disclosure Form
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING A ONE-TIME PURCHASE WITH WATSON

FURNITURE GROUP, BY UTILIZING THE COMPETITIVE BID PROCESS

FROM THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC), FOR THE

PURCHASE AND INSTALLATION OF REAL TIME CRIME CENTER (RTCC)

WORKSTATION FURNITURE, EQUIPMENT, MATERIALS AND LABOR FOR AN ESTIMATED COST NOT TO EXCEED $62,627; AND AUTHORIZING THE

PURCHASING MANAGER, OR HER DESIGNEE, TO ISSUE THE PURCHASE ORDER
WHEREAS, on May 12, 2020, the City Council approved, by Resolution No. 2020-226, for the Modesto Police Department to apply for the Coronavirus Emergency Supplemental Funding (CESF) Program of the Bureau of Justice Assistance (BJA) of the U.S. Department of Justice; and
WHEREAS, the Modesto Police Department was subsequently awarded $468,128 on May 29, 2020; and
WHEREAS, one of the funding allocations was the purchase of workstations for the RTCC to better facilitate the staffing in the RTCC and to assist with the continuing efforts to limit person-to-person contact and increase the capacity to take telephone and online reports for calls that do not require an officer to respond; and WHEREAS, in order to meet the needs of the department, Police Department and Purchasing Division staff sought to leverage an industry leader in public safety workstations; and
WHEREAS, the vendor identified by those with knowledge of public safety workstation providers was Watson Furniture Group; and
WHEREAS, in addition to being an industry leader, Watson Furniture Group also has a Houston-Galveston Area Council (H-GAC) contract which has been vetted by the Purchasing Division of the Finance Department; and
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2 WHEREAS, Modesto Municipal Code (MMC) Section 8-3.2036 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid; and
WHEREAS, however, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.2036 will result in procurement for the City at the lowest possible cost commensurate with the desired quality”; and
WHEREAS, in addition, MMC 8-3.202(d) encourages the Purchasing Manager to join with the State of California and other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served; and WHEREAS, the quote from Watson Furniture group is for $44,843 for parts and labor and the department seeks authorization for up to the grant award amount for this expense category to allow for a contingency in an amount of $17,784 for additional parts and labor that may be needed and that qualify as a grant expense.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a one-time purchase with Watson Furniture Group, by utilizing the competitive bid process from the Houston-Galveston Area Council (H-GAC), for the purchase and installation of Real Time Crime Center (RTCC) workstation furniture, equipment, materials and labor for an estimated cost not to exceed $62,627.

BE IT FURTHER RESOLVED, that the Purchasing Manager, or her designee, is hereby authorized to issue the purchase order.
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3 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of October, 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
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Quote Date
360.394.1300 www.watsonconsoles.com

1. State and Local Taxes will apply unless proof of exemption is provided with the Purchase Order.

2. Deposit may be required with order; Net 30 days of Shipment of Product.

3. Chairs, platforms, rails etc are for representational purposes only. 4. Customer is responsible for verification of room dimensions.

5. Completed Order consists of a signed Contract or Purchase Order, Signed Drawings, Signed Color Selection Sheet, and Deposit.

6. Change Order Fee (minimum $500) may be applicable for changes after 5 business days of submission.

7. Pricing will be valid for four (4) months after receipt of Purchase Order. 8. Lead time based on product type and order size. Check with your sales associate upon ordering. 8/2/2022 11/2/2022

NO REP - ANDRAE
File Name:
00039270
Expiration Date Watson Account Manager:

PD.04.2022-06-03_14-31.cm
Prepared By:

Watson Factory Rep Firm:

Lisa Dotterweich
This Document is Confidential & Proprietary (C) 2017 Watson Furniture Group, Inc. All Rights Reserved Modesto Police Department - Consoles
Contact Name:
600 10th Street
3603941300
Modesto
Zip:

Email Address:

Quint Andrae
Trees Lane
State:

Remit To:

Specified For:

Phone Number:

Address Line 1:

City:
98370
Sales Person:

Watson Rep Firm: Modesto Police Department
Phone Number:

NO REP - ANDRAE
City:

Address Line 1:

Poulsbo
Watson Consoles
26246 Twelve Trees Lane NW
Poulsbo WA 98370
CA
**HGAC CONTRACT NO. EC07-20**
CONSOLE PLAN 01 - (6) Mercury Standard Consoles - RTCU POSITIONS Each Standard Position Includes:
42" High Screens
Electronically Height Adjustable Worksurface
Stationary Monitor Array with Individually Adjustable Monitor Arms Technology Bridge with Active Ventilation to Accommodate PCs *Standard Consoles do not have Techlink or Environment Controls* Installation based on empty room, one trip, 1st floor with no prevailing wage or union requirements.
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Bill of Material
Project: Modesto Police Department - Consoles
Sold to Distributor
Company name: Modesto Police Department Company name: NO REP - ANDRAE Contact Person: Salesman: Quint Andrae
Contact Phone: Salesman Phone:3603941300
Contact Fax: Salesman Fax: 2533481887
Date 8/2/2022 Page 3 / 3
# Qty Part Number Description Sell Ext. Sell

RTCU CONSOLES
1 2 HC6H153918L-N MERCURY STANDARD HUB, 15''D x 39''W x 18H'', LEFT HAND, NO GROMMET $978.97 $1,957.94 2 2 HC6H153918R-N MERCURY STANDARD HUB, 15''D x 39''W x 18H'', RIGHT HAND, NO GROMMET $978.97 $1,957.94 3 4 HC6H243918C MERCURY STANDARD HUB, 24''D x 39''W x 18H'', CENTER $1,576.01 $6,304.04 4 6 HC6W3666N MERCURY STANDARD WORKSURFACE, 36"D x 66'' W, WITH CONTOUR EDGE $1,018.48 $6,110.88 5 6 HG6TS66N MERCURY TECH BRIDGE, SINGLE SIDED 12'' D X 18''H, FOR A 66''W CONSOLE, NO

GROMMET
$469.73 $2,818.38
6 6 HGA MERCURY ARRAY $957.02 $5,742.12
7 2 HGBS1518S-L MERCURY BRIDGE SPACER, 15''D x 18''H SINGLE, LEFT HAND $43.90 $87.80 8 2 HGBS1518S-R MERCURY BRIDGE SPACER, 15''D x 18''H SINGLE, RIGHT HAND $43.90 $87.80 9 4 HGBS2418S-C MERCURY BRIDGE SPACER, 24''D x 18''H SINGLE, CENTER $61.46 $245.84 10 2 HGSOCBKT42L MERCURY OUTSIDE CORNER BRACKET, 42''H $24.15 $48.29 11 2 HGSOCBKT42R MERCURY OUTSIDE CORNER BRACKET, 42''H $24.15 $48.29 12 8 HGSR3942F MERCURY RETURN SCREEN, 39''W x 42''H, ALL FABRIC PANEL $403.88 $3,231.04 13 6 HGSS6642F MERCURY SPINE SCREEN, 66''W x 42''H, ALL FABRIC PANEL $610.21 $3,661.26 14 4 HGSWIBKT42 MERCURY INSIDE CORNER BRACKET, 42''H $19.76 $79.02 15 4 HHC1518 MERCURY HUB COVER, 15"D x 18"H $30.73 $122.92 16 4 HHC2418 MERCURY HUB COVER, 24"D x 18"H $35.12 $140.48 Total RTCU CONSOLES $32,644.04
Subtotal Product $32,644.04
Freight $1,487.00
INSTALL-WAT $7,436.00
Total $41,567.04
Sales Tax (7.88 %) $3,275.48
Grand Total $44,842.52
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PROPOSAL TABULATION - Invitation #EC07-20
Proposer: 911 Datamaster
Product Codes: B, E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service locations Covered References 5 References
Capability of addressing nationwide scope given
Customer training provided with pricing yes
Warranties, policies, procedures for returns Listed
Performance Measures
Score (25 %)
Sales 5
CAR 10
Timely and accurate submission of Contractor's Activity Report #11..
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Payment
15 Timely and accurate payment of applicable order processing charge Survey 65
Timely response to request for information and/or requests for pricing quotes Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
95 Total Points Conversion to 25 Pts 23.75
Depth and breadth of offering & pricing Comments Score (75%) Form D provided
Form E Included
Total
75 TOTAL SCORE OF PROPOSAL

98.75 #11..
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0 #11..
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Accurate preparation of Contract pricing Worksheet
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PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Colossus, Incorporated dba InterAct Public
Safety Systems
Product Codes:

Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing
Sales office locations, geographic areas, service locations References
Capability of addressing nationwide scope
Customer training provided with pricing
Warranties, policies, procedures for returns
Performance Measures Score (25 %)
Sales
CAR
Timely and accurate submission of Contractor's Activity Report
Payment
Timely and accurate payment of applicable order
processing Survey charge
Timely response to request for information and/or requests for pricing quotes
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Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 0
Total Points Conversion to 25 Pts 0
Depth and breadth of offering & pricing Comments Score (75%) Form D
Form E
Total
TOTAL SCORE OF PROPOSAL 0
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PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Carbyne, Inc.

Product Codes: E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing provided Sales office locations, geographic areas, service locations Included References References
Capability of addressing nationwide scope yes
Customer training provided with pricing not imcluded in USB Warranties, policies, procedures for returns given
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's Activity Report
Payment
Timely and accurate payment of applicable order
processing charge
Survey
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
New Vendor
Total Points Conversion
to 25 Pts
Depth and breadth of offering & pricing Comments
Form D Yes
Form E No
Total

TOTAL SCORE OF

PROPOSAL
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Score (25 %)
0 25
Score (75%)
75 100
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PROPOSAL TABULATION - Invitation #EC07-18
Proposer: CenturyLink
Product Codes: A, B, C, E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service locations Covered References References
Capability of addressing nationwide scope given
Customer training provided with pricing
Warranties, policies, procedures for returns Listed
Performance Measures
Score (25
%)
Sales 5
CAR 5
Timely and accurate submission of Contractor's Activity Report
Payment 15
Timely and accurate payment of applicable order processing charge
Survey 60
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 85
Total Points Conversion to 25 Pts 21.25
Depth and breadth of offering & pricing Comments Score (75%) Form D provided
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PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Comtech Solacom Technologies Inc
Product Codes: A, B, E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing given Sales office locations, geographic areas, service locations covered References 5 References
Capability of addressing nationwide scope listed
Customer training provided with pricing USB given
Warranties, policies, procedures for returns supplied
Performance Measures
Score (25
%)
Sales 0
CAR 5
Timely and accurate submission of Contractor's Activity Report
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Payment
0 Timely and accurate payment of applicable order processing charge
Survey 65
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 70
Total Points Conversion to 25 Pts 17.5
Depth and breadth of offering & pricing Comments Score (75%) Form D given
Form E Included
Total 75
TOTAL SCORE OF PROPOSAL 92.5
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PROPOSAL TABULATION - Invitation #EC07-20
Proposer: CSS Minshare LLC
Product Codes: E
Evaluation Criteria
Notes Comments
Company history, evolution, organization,
staffing
provided
Sales office locations, geographic areas, service
locations
given
References 6 references
Capability of addressing nationwide scope included
Customer training provided with pricing given
Warranties, policies, procedures for returns provided
Performance Measures Score (25 %)
Sales 0
CAR 5
Timely and accurate submission of Contractor's
Activity Report
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Payment 0
Timely and accurate payment of applicable
order processing charge
Survey 65
Timely response to request for information
and/or requests for pricing quotes
Accurate preparation of Contract pricing
Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 70
Total Points
Conversion to 25 Pts

17.5 Depth and breadth of offering & pricing Comments Score (75%) Form D provided
Form E Included
Total 75

TOTAL SCORE OF

PROPOSAL

92.5 #11..
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PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Equature / DSS Corporation
Product Codes: A
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing provided Sales office locations, geographic areas, service locations listed References 5 References
Capability of addressing nationwide scope provided
Customer training provided with pricing given
Warranties, policies, procedures for returns given
Performance Measures
Score (25
%)
Sales 0
CAR 10
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Timely and accurate submission of Contractor's Activity Report
Payment
0 Timely and accurate payment of applicable order processing charge
Survey 65
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 75
Total Points Conversion to 25 Pts 18.75
Depth and breadth of offering & pricing Comments Score (75%) Form D provided
Form E Included
Total 75
TOTAL SCORE OF PROPOSAL 93.75
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PROPOSAL TABULATION - Invitation #EC07-18
Proposer: DM & MM, Modular Communications Systems
Product Codes: A
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service locations Given References 5 References
Capability of addressing nationwide scope Included
Customer training provided with pricing Yes
Warranties, policies, procedures for returns Given
Performance Measures
Score (25
%)
Sales 0
CAR 0
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Timely and accurate submission of Contractor's Activity Report
Payment 0
Timely and accurate payment of applicable order processing charge
Survey 65
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 65
Total Points Conversion to 25 Pts 16.25
Depth and breadth of offering & pricing Comments Score (75%) Form D provided
Form E Included
Total
TOTAL SCORE OF PROPOSAL 16.25
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PROPOSAL TABULATION - Invitation #EC07-18
Proposer: Endura
Product Codes: D
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Covered Sales office locations, geographic areas, service locations Covered References
Capability of addressing nationwide scope Included
Customer training provided with pricing Given
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Warranties, policies, procedures for returns Listed
Performance Measures Score (25 %)
Sales
CAR
Timely and accurate submission of Contractor's Activity Report
Payment
Timely and accurate payment of applicable order processing charge
Survey
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
0 Total Points Conversion to 25 Pts
25 Depth and breadth of offering & pricing Comments Score (75%) #11..
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Form D provided
Form E Included
Total 75

TOTAL SCORE OF PROPOSAL
100
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PROPOSAL TABULATION - Invitation #EC07-18
Proposer: ErgoFlex Ssystems, Inc. DBA Xybix Systems
Product Codes: D
Evaluation Criteria
Notes
Company history, evolution, organization, staffing
Sales office locations, geographic areas, service locations References
Capability of addressing nationwide scope
Customer training provided with pricing
Warranties, policies, procedures for returns
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's Activity Report
Payment
Timely and accurate payment of applicable order processing charge
Survey
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
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Depth and breadth of offering & pricing
Form D
Form E
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Comments
Included
Covered
5 References
Briefly Included
not imcluded in USB
Listed
Score (25
%)
5 0
15 65
Total Points 85
Total Points Conversion to 25 Pts 21.25
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Comments Score (75%)
Given
Provided
Total 75
TOTAL SCORE OF PROPOSAL 96.25
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- 343 -
PROPOSAL TABULATION - Invitation #EC07-18
Proposer: Evans Consoles Incorporated
Product Codes: D, E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service locations Covered References 5 References
Capability of addressing nationwide scope Briefly Included Customer training provided with pricing not imcluded in USB Warranties, policies, procedures for returns Listed
Performance Measures Score (25 %)
Sales
CAR
Timely and accurate submission of Contractor's Activity Payment Report
Timely and accurate payment of applicable order processing charge
Survey
Timely response to request for information and/or requests for pricing quotes
#11..
- 344 -
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 0
Total Points Conversion to 25
Pts
0 Depth and breadth of offering & pricing Comments Score (75%) Form D provided
Form E Included
Total

TOTAL SCORE OF
PROPOSAL 0
#11..
- 345 -
PROPOSAL Proposer: Frontier TABULATION Communications - Invitation of America, #EC07-18 Inc.

Product Codes A & B
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service
locations Covered
References References
Capability of addressing nationwide scope given
Customer training provided with pricing provded
Warranties, policies, procedures for returns Listed
Performance Measures
Score (25 %)
Sales
CAR
#11..
- 346 -
Timely and accurate submission of Contractor's
Activity Report
Payment
Timely and accurate payment of applicable order
processing charge
Survey
Timely response to request for information and/or
requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 0
New Vendor Total Points Conversion to 25 Pts 25
Depth and breadth of offering & pricing Comments Score (75%) Form D provided
Form E Included
Total 75
TOTAL SCORE OF PROPOSAL 100
#11..
- 347 -
PROPOSAL TABULATION - Invitation #EC07-16
Proposer: Geo-Comm
Product Codes: B, E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service locations Given References References
Capability of addressing nationwide scope Given
Customer training provided with pricing supplied
Warranties, policies, procedures for returns provided
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's Activity Report Payment
Timely and accurate payment of applicable order processing charge
Survey
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
#11..
- 348 -
Timely delivery of products or services
Quality of products/service
Total Points
New Vendor
Total Points
Conversion to 25 Pts
Depth and breadth of offering & pricing Comments
Form D provided
Form E
Total

TOTAL SCORE OF

PROPOSAL
#11..
- 349 -
Score (25 %)
0 0
0 0
#11..
- 350 -
0 25
Score (75%)
75 100
#11..
- 351 -
PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Integrated Computer Systems, Inc.

Product Codes: B
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Ccovered Sales office locations, geographic areas, service locations included References given
Capability of addressing nationwide scope yes
Customer training provided with pricing included
Warranties, policies, procedures for returns provided
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's Activity Report Payment
Timely and accurate payment of applicable order processing charge
Survey
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
New Bidder Total Points Conversion to 25
Pts
Depth and breadth of offering & pricing
Form D Comments
Form E given
Included
Total

TOTAL SCORE OF

PROPOSAL
#11..
- 352 -
Score (25 %)
0 25
Score (75%)
75 100
#11..
- 353 -
PROPOSAL TABULATION - Invitation #EC07-
20 Proposer: Intrado Life & Safety Solutions
Product Codes:n A, B, E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing provided Sales office locations, geographic areas, service
locations included
References references given
Capability of addressing nationwide scope provided
Customer training provided with pricing provided USB
Warranties, policies, procedures for returns given
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's
Activity Report
Payment
Timely and accurate payment of applicable order
processing charge
Survey
Timely response to request for information and/or
requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
New Bidder (Normally participates)
Total Points Conversion to 25 Pts
Depth and breadth of offering & pricing Comments
Form D supplied
Form E Included
Total

TOTAL SCORE OF PROPOSAL
#11..
- 354 -
Score (25 %)
0 25
Score (75%)
75 100
#11..
- 355 -
PROPOSAL TABULATION - Invitation #EC07-16
PROPOSAL TABULATION - Invitation #EC07-20
Proposer: MCM Technology, LLC
Product Codes: B
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing provided Sales office locations, geographic areas, service locations given References 5 references
Capability of addressing nationwide scope ncluded
Customer training provided with pricing USB provided
Warranties, policies, procedures for returns Listed
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's Activity Report
#11..
- 356 -
Payment
Timely and accurate payment of applicable order processing charge
Survey
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
Total Points Conversion to
25 Pts
Depth and breadth of offering & pricing Comments
Form D included
Form E supplied
Total

TOTAL SCORE OF

PROPOSAL
#11..
- 357 -
Score (25 %)
5 10
#11..
- 358 -
15 60
90 22.5
Score (75%)
75 97.5
#11..
- 359 -
PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Micheal Baker
Product Codes: B, E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service
locations Covered
References 5 References
Capability of addressing nationwide scope Briefly Included Customer training provided with pricing not imcluded in USB Warranties, policies, procedures for returns Listed
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's Activity Report
Payment
Timely and accurate payment of applicable order
processing charge
Survey
Timely response to request for information and/or
requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
Total Points Conversion to 25
Pts
Depth and breadth of offering & pricing Comments
Form D provided
Form E Included
Total

TOTAL SCORE OF

PROPOSAL
#11..
- 360 -
Score (25 %)
0 0
Score (75%)
0 #11..
- 361 -
PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Miller At Work
Product Codes: D
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service locations given References none
Capability of addressing nationwide scope Included
Customer training provided with pricing USB given
Warranties, policies, procedures for returns none
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's Activity Report Payment
Timely and accurate payment of applicable order processing charge Survey
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
New Vendor
Total Points
Conversion to 25 Pts
Depth and breadth of offering & pricing Comments
Form D provided
Form E Included
Total

TOTAL SCORE OF

PROPOSAL
#11..
- 362 -
Score (25 %)
0 25
Score (75%)
75 100
#11..
- 363 -
PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Vesta Solutions, Inc (Motorola Solutions)
Product Codes: A, B, C E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing given Sales office locations, geographic areas, service
locations provided
References 5 References
Capability of addressing nationwide scope
Customer training provided with pricing not imcluded in USB Warranties, policies, procedures for returns Listed
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's
Activity Report
Payment
Timely and accurate payment of applicable order
processing charge
Survey
Timely response to request for information and/or
requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
new bidder
Total Points
Conversion to 25 Pts
Depth and breadth of offering & pricing Comments
Form D provided
Form E Included
Total

TOTAL SCORE OF

PROPOSAL
#11..
- 364 -
Score (25 %)
0 0
0 0
0 25
Score (75%)
75 100
#11..
- 365 -
PROPOSAL TABULATION - Invitation
#EC07-20
Proposer: Noble 911 Services
Product Codes: A
Evaluation Criteria
Notes Comments
Company history, evolution, organization,
staffing given
Sales office locations, geographic areas,
service locations Covered
References 5 References
Capability of addressing nationwide scope Briefly Included Customer training provided with pricing not imcluded in USB Warranties, policies, procedures for returns Listed
Performance Measures Score (25 %)
Sales
CAR
Timely and accurate submission of
Contractor's Activity Report
Payment
Timely and accurate payment of applicable
order processing charge
Survey
Timely response to request for information
and/or requests for pricing quotes
Accurate preparation of Contract pricing
Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 0
New Vendor
Total Points Conversion to
25 Pts
25 Depth and breadth of offering & pricing Comments Score (75%) Form D provided
Form E Included
Total 75

TOTAL SCORE OF
PROPOSAL 100
#11..
- 366 -
PROPOSAL TABULATION - Invitation
#EC07-20
Proposer: NPSS
Product Codes: E
Evaluation Criteria
Notes Comments
Company history, evolution, organization,
staffing given
Sales office locations, geographic areas,
service locations supplied
References 5 References
Capability of addressing nationwide scope included
Customer training provided with pricing USB provided
Warranties, policies, procedures for returns given
Performance Measures
Sales
CAR
Timely and accurate submission of
Contractor's Activity Report
Payment
Timely and accurate payment of applicable
order processing charge
Survey
Timely response to request for information
and/or requests for pricing quotes
Accurate preparation of Contract pricing
Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
Total Points Conversion to 25 Pts
Depth and breadth of offering & pricing Comments
Form D included
Form E Included
Total

TOTAL SCORE OF

PROPOSAL
#11..
- 367 -
Score (25 %)
5 0
15 60
80 20
Score (75%)
75 95
#11..
- 368 -
PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Purvis Systems Incorporated
Product Codes: A, B, C, E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing
Sales office locations, geographic areas, service locations Covered References 5 References
Capability of addressing nationwide scope Briefly Included Customer training provided with pricing USB provided
Warranties, policies, procedures for returns Listed
Performance Measures Score (25 %)
Sales 5
CAR 10
Timely and accurate submission of Contractor's Activity Report
Payment 15
Timely and accurate payment of applicable order
processing charge
Survey 65
#11..
- 369 -
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 95
Total Points Conversion to 25
Pts

23.75 Depth and breadth of offering & pricing Comments Score (75%) Form D provided
Form E Included
Total 75

TOTAL SCORE OF
PROPOSAL 98.75
#11..
- 370 -
PROPOSAL TABULATION - Invitation #EC07-20
Proposer: RapidDeploy, Inc
Product Codes: B, E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing included Sales office locations, geographic areas, service locations covered References given
Capability of addressing nationwide scope Included
Customer training provided with pricing USB provided
Warranties, policies, procedures for returns Listed
Performance Measures Score (25 %)
Sales
CAR
Timely and accurate submission of Contractor's Activity Report
Payment
Timely and accurate payment of applicable order
processing charge
Survey
Timely response to request for information and/or
requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 0
Total Points
Conversion to 25
Pts
25 Depth and breadth of offering & pricing Comments Score (75%) Form D included
Form E given
Total 75

TOTAL SCORE
OF PROPOSAL 100
#11..
- 371 -
PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Rave Wireless
Product Codes: B
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service locations Covered References References
Capability of addressing nationwide scope given
Customer training provided with pricing USB given
Warranties, policies, procedures for returns Listed
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's Activity Report
Payment
Timely and accurate payment of applicable order
processing charge
Survey
#11..
- 372 -
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
Total Points
Conversion to
25 Pts
Depth and breadth of offering & pricing Comments
Form D provided
Form E provided
Total
TOTAL

SCORE OF

PROPOSAL
#11..
- 373 -
Score (25 %)
0 0
0 65
#11..
- 374 -
65 16.25
Score (75%)
75 91.25
#11..
- 375 -
PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Russ Bassett Corp
Product Codes: D
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing covered Sales office locations, geographic areas, service locations included References References given
Capability of addressing nationwide scope given
Customer training provided with pricing USB provided
Warranties, policies, procedures for returns given
Performance Measures Score (25 %)
Sales 5
CAR 5
Timely and accurate submission of Contractor's Activity Report
Payment 15
Timely and accurate payment of applicable order processing charge
Survey 65
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 90
Total Points Conversion to 25 Pts 22.5
Depth and breadth of offering & pricing Comments Score (75%) Form D given
Form E Included
Total 75
#11..
- 376 -
TOTAL SCORE OF PROPOSAL 97.5
#11..
- 377 -
PROPOSAL TABULATION - Invitation #EC07-
20 Proposer: SecuLore Solutions, LLC
Product Codes: E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing given Sales office locations, geographic areas, service
locations provided
References References
Capability of addressing nationwide scope provide
Customer training provided with pricing USB supplied
Warranties, policies, procedures for returns provided
Performance Measures Score (25 %)
Sales 5
CAR 5
Timely and accurate submission of Contractor's
Activity Report
Payment 15
Timely and accurate payment of applicable order
processing charge
Survey 65
Timely response to request for information and/or
requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 90
Total Points
Conversion to 25 Pts

22.5 Depth and breadth of offering & pricing Comments Score (75%) Form D given
Form E provided
Total 75

TOTAL SCORE OF
PROPOSAL 97.5
#11..
- 378 -
PROPOSAL TABULATION - Invitation #EC07-20
Proposer: SmartCop
Product Codes: A, B
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing provided Sales office locations, geographic areas, service locations covered References References
Capability of addressing nationwide scope supplied
Customer training provided with pricing USB supplied
Warranties, policies, procedures for returns given
Performance Measures Score (25 %)
Sales 0
#11..
- 379 -
CAR 5
Timely and accurate submission of Contractor's Activity Report
Payment 0
Timely and accurate payment of applicable order processing charge
Survey 65
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 70
Total Points
Conversion to 25
Pts

17.5 Depth and breadth of offering & pricing Comments Score (75%) Form D covered
Form E given
Total 75

TOTAL SCORE
OF PROPOSAL 92.5
#11..
- 380 -
PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Southern Software
Product Codes: B
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing covered Sales office locations, geographic areas, service locations included References 5 References
Capability of addressing nationwide scope given
Customer training provided with pricing USB included
Warranties, policies, procedures for returns covered
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's Activity Report Payment
Timely and accurate payment of applicable order processing charge Survey
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
Total Points Conversion to
25 Pts
Depth and breadth of offering & pricing Comments
Form D included
Form E provided
Total

TOTAL SCORE OF

PROPOSAL
#11..
- 381 -
Score (25 %)
5 10
15 65
95 23.75
Score (75%)
75 98.75
#11..
- 382 -
PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Spok
Product Codes: A, B, C, D, E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service locations Covered References 5 References
Capability of addressing nationwide scope Briefly Included Customer training provided with pricing not imcluded in USB Warranties, policies, procedures for returns Listed
Performance Measures
Score (25
%)
Sales 0
CAR 0
Timely and accurate submission of Contractor's Activity Report
#11..
- 383 -
Payment
0 Timely and accurate payment of applicable order processing charge
Survey 65
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 65
Total Points Conversion to 25 Pts 16.25
Depth and breadth of offering & pricing Comments Score (75%) Form D provided
Form E given
Total 75
TOTAL SCORE OF PROPOSAL 91.25
#11..
- 384 -
#11..
- 385 -
#11..
- 386 -
PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Synergem Technologies
Product Codes: B
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service locations Covered References References
Capability of addressing nationwide scope Included
Customer training provided with pricing USB supplied
Warranties, policies, procedures for returns given
Performance Measures
Sales
CAR
#11..
- 387 -
Timely and accurate submission of Contractor's Activity Report
Payment
Timely and accurate payment of applicable order processing charge
Survey
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
Total Points Conversion
to 25 Pts
Depth and breadth of offering & pricing Comments
Form D provided
Form E Included
Total

TOTAL SCORE OF

PROPOSAL
#11..
- 388 -
Score (25 %)
0 0
#11..
- 389 -
0 65
65 16.25
Score (75%)
75 91.25
#11..
- 390 -
PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Tri-County Communications
Product Codes: A, B, C, D, E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing covered Sales office locations, geographic areas, service locations included References 5 References
Capability of addressing nationwide scope Briefly Included Customer training provided with pricing USB provide
Warranties, policies, procedures for returns Listed
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's Activity Report Payment
Timely and accurate payment of applicable order processing charge
Survey
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
New Bidder
Total Points Conversion to 25
Pts
Depth and breadth of offering & pricing Comments
Form D provided
Form E Included
Total

TOTAL SCORE OF

PROPOSAL
#11..
- 391 -
Score (25 %)
0 0
0 0
0 25
Score (75%)
75 100
#11..
- 392 -
PROPOSAL TABULATION - Invitation #EC07-20
Proposer: US Digital Designs, Inc.

Product Codes: C
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service locations Covered References 5 References
Capability of addressing nationwide scope Briefly Included Customer training provided with pricing not imcluded in USB Warranties, policies, procedures for returns Listed
Performance Measures Score (25 %)
Sales 0
CAR 0
Timely and accurate submission of Contractor's Activity Report
Payment 0
Timely and accurate payment of applicable order
processing charge
Survey 0
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 0
New Bidder
Total Points
Conversion to 25
Pts
0 25
Depth and breadth of offering & pricing Comments Score (75%) Form D provided
Form E Included
Total 75

TOTAL SCORE
OF PROPOSAL 100
#11..
- 393 -
PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Watson Furniture Group, Inc. DBA Watson
Conoles
Product Codes: D
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service locations GIVEN References 5 References
Capability of addressing nationwide scope Included
Customer training provided with pricing provided
Warranties, policies, procedures for returns Listed
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's Activity Report
Payment
Timely and accurate payment of applicable order
processing charge
Survey
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
Total Points Conversion
to 25 Pts
Depth and breadth of offering & pricing Comments
Form D provided
Form E Included
Total

TOTAL SCORE OF

PROPOSAL
#11..
- 394 -
Score (25 %)
0 0
0 0
0 25
Score (75%)
75 100
#11..
- 395 -
PROPOSAL TABULATION - Invitation #EC07-18
Proposer: Western States Communications, Inc.

Product Codes: A, B, E
Evaluation Criteria
Notes
Company history, evolution, organization, staffing
Sales office locations, geographic areas, service locations References
Capability of addressing nationwide scope
Customer training provided with pricing
Warranties, policies, procedures for returns
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's Activity Report
Payment
Timely and accurate payment of applicable order processing charge
Survey
#11..
- 396 -
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Depth and breadth of offering & pricing
Form D
Form E
#11..
- 397 -
Comments
Included
Covered
5 References
Briefly Included
not imcluded in USB
Listed
Score (25
%)
0 5
0 65
8 #11..
- 398 -
Total Points 70
Total Points Conversion to 25 Pts 17.5
Comments Score (75%)
provided
Included
Total 75
TOTAL SCORE OF PROPOSAL 92.5
#11..
- 399 -
#11..
- 400 -
#11..
- 401 -
PROPOSAL TABULATION - Invitation #EC07-18
Proposer: Westnet, Inc.

Product Codes: A, B, C, E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service locations Covered References References
Capability of addressing nationwide scope given
Customer training provided with pricing USB given
Warranties, policies, procedures for returns provided
Performance Measures Score (25 %)
Sales 5
CAR 0
Timely and accurate submission of Contractor's Activity Report
Payment 15
#11..
- 402 -
Timely and accurate payment of applicable order processing charge
Survey 65
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points 85
Total Points Conversion to 25 Pts 21.25
Depth and breadth of offering & pricing Comments Score (75%) Form D given
Form E Included
Total 75
TOTAL SCORE OF PROPOSAL 96.25
#11..
- 403 -
PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Wright Line LLC
Product Codes: A, B, C
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing Included Sales office locations, geographic areas, service
locations Covered
References References
Capability of addressing nationwide scope included
Customer training provided with pricing USB supplied
Warranties, policies, procedures for returns given
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's
Activity Report
Payment
Timely and accurate payment of applicable order
processing charge
Survey
Timely response to request for information and/or
requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
new bidder
Total Points Conversion to
25 Pts
Depth and breadth of offering & pricing Comments
Form D provided
Form E Included
Total

TOTAL SCORE OF

PROPOSAL
#11..
- 404 -
Score (25 %)
0 0
0 0
0 25
Score (75%)
75 100
#11..
- 405 -
PROPOSAL TABULATION - Invitation #EC07-16
Proposer: Zoll Data Systems, Inc.

Product Codes: A, B, E
PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Zoll Data Systems, Inc.

Product Codes: B, C, E
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing included Sales office locations, geographic areas, service locations covered References References
Capability of addressing nationwide scope Included
Customer training provided with pricing USB given
Warranties, policies, procedures for returns provided
Performance Measures Score (25
Sales %) 0
CAR 0
Timely and accurate submission of Contractor's Activity Report
Payment 0
Timely and accurate payment of applicable order
processing charge
Survey 0
Timely response to request for information and/or requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
#11..
- 406 -
Total Points 0
Total Points Conversion to 25 Pts 25
Depth and breadth of offering & pricing Comments Score (75%) Form D given
Form E Included
Total 75
TOTAL SCORE OF PROPOSAL 100
#11..
- 407 -
PROPOSAL TABULATION - Invitation #EC07-20
Proposer: Zoll Medical
Product Codes: A, B
Evaluation Criteria
Notes Comments
Company history, evolution, organization, staffing covered Sales office locations, geographic areas, service locations included References References
Capability of addressing nationwide scope given
Customer training provided with pricing USB given
Warranties, policies, procedures for returns covered
Performance Measures
Sales
CAR
Timely and accurate submission of Contractor's Activity Report
Payment
Timely and accurate payment of applicable order
processing charge
Survey
Timely response to request for information and/or
requests for pricing quotes
Accurate preparation of Contract pricing Worksheet
Timely delivery of products or services
Quality of products/service
Total Points
Total Points Conversion to
25 Pts
Depth and breadth of offering & pricing Comments
Form D provided
Form E Included
Total

TOTAL SCORE OF

PROPOSAL
#11..
- 408 -
Score (25 %)
0 0
0 0
0 25
Score (75%)
75 100
#11..
- 409 -
Notes
Colossus, Incorporated dba InterAct Public Safety Systems (Caliber) proposal non-compliant due to no form d. Also Joint Bidders
Motorola Solutions, Inc.,
Vesta Solutions, Inc.
#11..
- 410 -
ue to no form d. Also not provided in hard copy.
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

October 11, 2022
September 15, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: New Traffic Signal Installation Oakdale Road at Claratina Avenue Project CONTACT: Scott Collins, Traffic Engineer, [email protected], (209) 577-5431 DESCRIPTION:

Consider approving the plans and specifications for the New Traffic Signal Installation Oakdale Road at Claratina Avenue project, accepting the bid, and awarding a contract to Tim Paxin’s Pacific Excavation, Inc. dba Pacific Excavation of Elk Grove, CA for a total amount not to exceed $538,116. (Funding Source: Highway Safety Improvement Program, Surface Transportation Block Grant, and Measure L)
STRATEGIC PLAN ELEMENT:

This item is in conformance with City of Modesto Strategic Plan Area: Service Delivery Goals and Strategies: “Build community trust in City government through responsive, transparent and efficient service delivery”; Goal J: “build a high-performance organization”.

BACKGROUND:

In July of 2015, the City of Modesto applied for a Highway Safety Improvement Program (HSIP) funds to install a new traffic signal at the intersection of Oakdale Road and Claratina Avenue.

The City was later approved for the HSIP grant with design funds approved in June of 2016 and construction funds in 2019.

The New Traffic Signal Installation Oakdale Road at Claratina Avenue project will install a new traffic signal, traffic signs, street lighting, and pavement markings at the intersection of Oakdale Road and Claratina Avenue.

This project was identified as one of the City's top safety priorities through the City's regular review of collision data in 2015. A total of 37 vehicular crashes have been reported from 2009 to 2014 and show no noticeable specific patterns. The location was also identified as a desirable intersection to signalize by the City's Capital Improvement Projects (CIP) Task Force consisting of public members and City Department Heads. #12..
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City Council, October 11, 2022
New Traffic Signal Installation Oakdale Road at Claratina Avenue Project

DISCUSSION:

The project was advertised and bids were solicited on July 13, 2022. Bids were publicly opened on August 30, 2022, and Tim Paxin’s Pacific Excavation, Inc. dba Pacific Excavation of Elk Grove, CA was the apparent low bidder. The bid tabulation is attached.

The bid analysis is:

Number of responsive bids received 5
Number of bids within 10% of engineer’s estimate 0
Number of bids below the engineer’s estimate 0
The engineer’s estimate and the bids are considered reasonable whenever any of the bids are within 10% of the engineer’s estimate. Pacific Excavation’s bid is 29.56% above the engineer’s estimate and the other four bids ranged between 30.94% to 52.81% above the engineer’s estimate. Although the lowest bid is 29.56% above the engineer’s estimate, City staff has deemed the apparent low bid as reasonable and does not believe another bid would result in a lower cost for the work.

In January of 2022, the City had opened bids for Traffic Signal Upgrades 2017, in which pricing was $300,000 to $350,000 per intersection. The original budgeted construction cost for the New Traffic Signal Installation Oakdale Road at Claratina Avenue project was $284,980 when originally estimated in 2015 for the grant application. Anticipating construction costs to continually increase, the City was approved by StanCOG in June of 2022 to receive an additional $150,000 of Surface Transportation Block Grant (STBGP) funds to construct the project for a total construction budget of $403,557.

The City bid the Upgrade Advanced Traffic Management System (ATMS) 2019 Project on July 13, 2021, in which the City only received one bid, which was approximately 62% over the engineer’s estimate. The City rejected bids to allow staff to re-evaluate the construction costs and scope of work. This effort was to identify any clarifications to the bid package and to make the necessary adjustments to the engineer’s estimate and project budget, and authorized staff to re-advertise the project. The project was re-bid on August 25, 2021, in which only one bid was received and still 3% above the engineer’s estimate. Staff believes that due to the current cost of construction, as a result of COVID related delays, rejecting and re-bidding will have the potential of increasing unit costs.

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 $489,196 and agreement for construction for Public Works Department to use Tim Paxin’s Pacific Excavation, Inc. dba Pacific Excavation of Elk Grove, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Pacific Excavation was the lowest responsive and responsible bidder. Therefore, City staff recommend awarding the contract to Tim Paxin’s Pacific Excavation, Inc. dba Pacific Excavation of Elk Grove, CA.

FISCAL IMPACT:

This project will be funded by HSIP, STBG, and Measure L. #12..
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City Council, October 11, 2022
New Traffic Signal Installation Oakdale Road at Claratina Avenue Project

101066 – Capital Grants - Streets CIP Projects - 3160 “New Traffic Signal Installation Oakdale Road and Claratina Avenue”
DESIGN BUDGET:

Engineering/Design/Administration Support – City Staff $60,000 ANTICIPATED CONSTRUCTION EXPENDITURES Total
Construction Contract $489,196
Construction Contingency (10%) $48,920
Construction Admin City Staff (13%) $69,955
Design Support During Construction (2%) $10,762
TOTAL ANTICIPATED EXPENDITURES: $618,833
PROJECT REVENUE Total
Highway Safety Improvement Program (HSIP) $420,500
Surface Transportation Block Grant Program (STBG) $150,000 Measure L $110,000
TOTAL ANTICIPATED REVENUE: $680,500
The City’s “Change Order Approval Policy” enacted by Council Resolution No. 1994-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, established a contract change order budget of 10% for construction contracts at least $250,000 but less than $1,000,000.

COMMITTEE RECOMMENDATION:

On October 4, 2021, the Economic Development Committee reviewed and recommended a list of upcoming Capital Improvement projects for Council approval to award, which included this project.

CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through a Categorical Exemption under CEQA Section 15301, EA/PW 2019-010, filed July 9, 2019.

RECOMMENDED COUNCIL ACTION:

Staff Recommendation:

Resolution approving the plans and specifications for the New Traffic Signal Installation Oakdale Road at Claratina Avenue project, accepting the bid, and awarding a contract to Tim Paxin’s Pacific Excavation, Inc. dba Pacific Excavation of Elk Grove, CA, in the amount of $489,196, and change orders up to the cumulative amount of $48,920 for a total amount not exceed $538,116, and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

Bill Sandhu, Director of Public Works
Joseph P. Lopez, City Manager
Attachments:
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City Council, October 11, 2022
New Traffic Signal Installation Oakdale Road at Claratina Avenue Project

1. Resolution

2. Contract with Tim Paxin’s Pacific Excavation, Inc. dba Pacific Excavation

3. Bid Results
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1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE

NEW TRAFFIC SIGNAL INSTALLATION OAKDALE ROAD AT CLARATINA

AVENUE PROJECT, ACCEPTING THE BID, AND AWARDING A CONTRACT TO TIM PAXIN’S PACIFIC EXCAVATION, INC. DBA PACIFIC EXCAVATION OF ELK GROVE, CA, IN THE AMOUNT OF $489,196, AND CHANGE ORDERS UP TO THE CUMULATIVE AMOUNT OF $48,920 FOR A TOTAL AMOUNT NOT EXCEED $538,116, AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, plans and specifications have been prepared for the New Traffic Signal Installation Oakdale Road at Claratina Avenue project, and City staff recommends approval by the City Council; and
WHEREAS, the bids received for the New Traffic Signal Installation Oakdale Road at Claratina Avenue project, were publicly opened at 11:00 a.m. on August 30, 2022, and later tabulated by the Director of Public Works for the consideration of Council; and
WHEREAS, the Director of Public Works has recommended that the bid of $489,196 received from Tim Paxin’s Pacific Excavation, Inc. dba Pacific Excavation of Elk Grove, CA be accepted as the lowest responsible and responsive bid and that the contract be awarded to Tim Paxin’s Pacific Excavation, Inc. dba Pacific Excavation; 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 $489,196 and agreement for construction for Public Works Department to use Tim Paxin’s Pacific Excavation, Inc. dba Pacific Excavation of Elk Grove, CA, conforms to the Modesto Municipal Code because the City complied #12..
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2 2022-
with the formal bid procedures and Tim Paxin’s Pacific Excavation, Inc. dba Pacific Excavation of Elk Grove, CA, was the lowest responsive bidder; and WHEREAS, the City’s “Change Order Approval Policy” enacted by Council Resolution No. 1994-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, established a contract change order budget of 10% for construction contracts at least $250,000 but less than $1,000,000.

NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves the plans and specifications for the New Traffic Signal Installation Oakdale Road at Claratina Avenue project, accepts the bid from Tim Paxin’s Pacific Excavation, Inc. dba Pacific Excavation of Elk Grove, CA in the amount of $489,196, and change orders up to the cumulative amount of $48,920 for a total amount not exceed $538,116, and awards Tim Paxin’s Pacific Excavation, Inc. dba Pacific Excavation the contract for the New Traffic Signal Installation Oakdale Road at Claratina Avenue 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. #12..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of October, 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
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A-1 City of Modesto
HSIPL-5059 (227) New Traffic Signal Installation Oakdale Road at Claratina Avenue

CONTRACT

PUBLIC WORKS DEPARTMENT

NEW TRAFFIC SIGNAL INSTALLATION

OAKDALE ROAD AT CLARATINA AVENUE
FEDERAL AID PROJECT NUMBER: HSIPL-5059 (227)

IN MODESTO CALIFORNIA
This Agreement, between the City of Modesto, a municipal corporation (the “City”), and Tim Paxin’s Pacific Excavation, Inc. dba Pacific Excavation, a California corporation, (the “Contractor”), is entered into as of October 11, 2022.

R E C I T A L S

1. That in consideration of the payments and agreements mentioned below, to be performed by the Contractor, and under the conditions expressed in the applicable payment and performance bonds, the City agrees with the Contractor, at its own cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the Contract Documents to be furnished by the City, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the Director of Utilities, the work described in the Contract Documents as described in Paragraph 4 of this Agreement. The federal wage rates applicable to this contract are attached hereto as Exhibit A.

2. The Federal Highway Administration (FHWA) Form FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS is applicable to this contract and subcontracts and attached hereto as Exhibit B and incorporated herein by reference.

3. The United States Department of Transportation (USDOT) Standard Title VI/Non-Discrimination Assurances, Appendices A-E are applicable to this contract and subcontracts and attached hereto as Exhibit C and incorporated herein by reference.

A G R E E M E N T

1. The Work. The City hereby agrees with the Contractor to employ it to provide the materials and to do the work according to Paragraph 4, for the prices bid; and the parties for themselves, their successors, and assigns, agree to the full performance of their promises. a. The Special Provisions for the work to be done shall be entitled:

CITY OF MODESTO,

PUBLIC WORKS DEPARTMENT

NEW TRAFFIC SIGNAL INSTALLATION OAKDALE ROAD AT

CLARATINA AVENUE
FEDERAL AID PROJECT NUMBER: HSIPL-5059 (227)

IN MODESTO, CALIFORNIA
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A-2 City of Modesto
HSIPL-5059 (227) New Traffic Signal Installation Oakdale Road at Claratina Avenue b. The Project Plans for the work to be done are entitled:

CITY OF MODESTO,

PUBLIC WORKS DEPARTMENT

NEW TRAFFIC SIGNAL INSTALLATION OAKDALE ROAD AT

CLARATINA AVENUE
FEDERAL AID PROJECT NUMBER: HSIPL-5059 (227)

IN MODESTO CALIFORNIA
c. Location of Work. The Work will be performed at the locations listed in the Special Provisions and Project Plans.

2. 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. The work shall be substantially completed within FORTY-FIVE (45) working days after the date specified in the Notice to Proceed. The Notice to Proceed shall not be issued until the Director of Utilities receives and has on file:
a. Proofs of insurance (approved by Risk Management),
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 minimize such matters, and to finish the work in the shortest reasonable amount of time.

3. Prevailing Wages. The State general prevailing wage rates are determined by the Director of Industrial Relations in cases where they are higher than the federal rates listed in Exhibit A. It is further agreed by the parties that should there be any conflict between the terms of this Agreement and the Contractor’s bid, then this Agreement shall control.

4. 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 ranking of the documents is set forth, in descending order:
a. Executed and signed, written Agreement;
b. Section 14 of the Special Provisions;
c. All other sections of the Special Provisions;
d. Project Plans;
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A-3 City of Modesto
HSIPL-5059 (227) New Traffic Signal Installation Oakdale Road at Claratina Avenue e. City Standard Details, current edition
f. City Standard Specifications, current edition
g. Revised State Standard Specifications;
h. State Standard Specifications;
i. Revised State Standard Plans;
j. State Standard Plans; and
k. All required Bonds.

All documents specified above are intended to operate so that any component of the Work called for in one document 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 Contract Documents.

5. Liability Insurance. Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, Contractor will comply with such provisions before commencing the performance of the work of this contract.
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:
i. 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. ii. 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.
iii. 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.
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A-4 City of Modesto
HSIPL-5059 (227) New Traffic Signal Installation Oakdale Road at Claratina Avenue iv. 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.
v. 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.
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:
i. 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 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 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).
ii. 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.
iii. 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 claimsmade coverage form:
i. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. ii. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract work. #12..
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A-5 City of Modesto
HSIPL-5059 (227) New Traffic Signal Installation Oakdale Road at Claratina Avenue iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
iv. A copy of the claims reporting requirements must be submitted to the City for review.
v. 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 contract. The Contractor must deliver certificates evidencing existence of the insurance and specified endorsements listed above to the Director of Utilities within 5 business 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 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.

6. Indemnity. The Contractor shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action (collectively “Claims”), 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, except to the extent such Claims arise from the sole negligence or willful misconduct of 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 #12..
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A-6 City of Modesto
HSIPL-5059 (227) New Traffic Signal Installation Oakdale Road at Claratina Avenue restricted by any requirement in this Agreement for Contractor to procure and maintain a policy of insurance.

7. Termination of Agreement.
a. Termination by City for Default of Contractor. Should Contractor default in the performance of this Contract or materially breach any of its provisions, at its option, City may terminate this Contract 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 Contract 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 Contract 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 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. When these provisions contradict those found in the General Provisions of City’s Standard Specifications, the latter shall prevail.
b. Termination by City for Convenience. The City may terminate the Contractor's performance under the Contract, 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 Contract 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 Contract for convenience and shall endeavor to provide the Contractor with consultation with the City prior to termination.
c. Upon receipt of a written Notice of Termination pursuant to this section, the Contractor shall:
i. 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; ii. Terminate all orders and subcontractors except as necessary to complete any portion of the Work that is not terminated; iii. 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 #12..
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A-7 City of Modesto
HSIPL-5059 (227) New Traffic Signal Installation Oakdale Road at Claratina Avenue 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; iv. 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;
v. Settle outstanding liabilities and claims, subject to the approval of City;
vi. Complete performance of such part of the Work as has not been terminated;
vii. 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; viii. 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.
d. 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 the Contract at time of termination, including the following:
i. Any actual costs incurred by the Contractor for restocking charges; ii. The agreed upon price of protecting the Work in any manner, if any, as directed by the City;
iii. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontract agreements or contracts for materials; iv. The contract 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.
e. 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. f. Authorization to Terminate Contract. Termination of the Contract 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 #12..
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A-8 City of Modesto
HSIPL-5059 (227) New Traffic Signal Installation Oakdale Road at Claratina Avenue notification from City to terminate the Contract. In the event that termination of this contract is upheld by the City Council, any valid claims for delay shall be retroactive to the date of termination selected by the City Manager, or designee.

8. 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: Tim Paxin’s Pacific Excavation, Inc. dba Pacific Excavation Attn: Tim Paxin, President
9796 Kent Street
Elk Grove, CA 95624
Phone (916) 686-2800, Fax (916) 686-2806
City: City of Modesto
Utilities Director
P.O. Box 642
Modesto, California 95353
Phone (209) 577-5215, Fax (209) 577-4302
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

9. Compensation. Contractor agrees to accept the following prices as full compensation for furnishing all materials provided by it, and for doing all the Work contemplated in the Contract Documents, as may be modified by mutual later agreement in writing:

CONTRACTOR’S BID
Item
No. Item Description Unit of Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)

1. Clearing, Grubbing & Mobilization LS 1 $10,460.00 $10,460.00

2. Removal and Installation of Striping,
Markings and Signage LS 1 $25,970.00 $25,970.00

3. Install Concrete Pad SF 66 $58.00 $3,828.00

4. Installation of Traffic Signal at the
Intersection of Oakdale Road and
Claratina Avenue
LS 1 $397,865.00 $397,865.00

5. Install Vertical Curb LF 160 $72.00 $11,520.00

6. Install Median Island SF 202 $19.00 $3,838.00

7. Sawcut LF 75 $9.00 $675.00

8. Dispose of HMA LS 1 $5,500.00 $5,500.00
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A-9 City of Modesto
HSIPL-5059 (227) New Traffic Signal Installation Oakdale Road at Claratina Avenue Item
No. Item Description Unit of Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)

9. Remove and Install AC Dike LS 1 $9,000.00 $9,000.00

10. Roadway Excavation LS 1 $900.00 $900.00

11. Water Pollution Control Plan
(WPCP) LS 1 $1,500.00 $1,500.00

12. Potholing & Utility Coordination LS 1 $7,500.00 $7,500.00

13. Traffic Control, Barricades and Other
Related Fees LS 1 $9,000.00 $9,000.00

14. Monument Preservation LS 1 $1,640.00 $1,640.00
TOTAL BID $489,196.00

10. The Work contemplated in this Agreement is a Federal-Aid improvement over which the State of California shall exercise general supervision. The State of California therefore shall have the right to assume full and direct control over this Agreement whenever the State of California, at its discretion, shall determine that its responsibility to the United States so requires. In such cases, the State Contract Act will govern.

11. Dispute Resolution. All claims, controversies, or disputes arising out of or relating to this Agreement, including its performance by either party, shall be finally resolved by arbitration in accordance with the Contract Documents.

12. Interpretation of Contract Documents. Any question concerning the intent, nature, scope or meaning of any provision of the Contract Documents, including, but not limited to, the Special Provisions and Project Plans, must be submitted to the Director of Utilities, or his/her designee, for issuance of an interpretation and/or decision on behalf of the City and in accordance with the requirements of the Contract Documents. Interpretations or decisions by any other person concerning the Contract Documents will not be binding on the City. The decision of the Director of Utilities, or his/her designee, is binding on the Contractor and shall be final.

13. No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

14. Severability. If any term or provision or portion of a term or provision of this Agreement is declared invalid or unenforceable by any court of lawful jurisdiction, then the remaining terms and provisions or portions of terms or provisions will not be affected thereby and will remain in full force and effect.

15. Form FHWA 1273 Required Contract provisions for Federal Aid Contracts.

16. Title VI Assurances Required Contract provisions for Federal Aid Contracts. #12..
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HSIPL-5059 (227) Page 1 of 3 2023-01 New Traffic Signal Installation Oakdale Road at Claratina Avenue Bid Tabulation Tuesday, September 6, 2022
Project Title: New Traffic Signal Installation Oakdale Road at Claratina Avenue
Project ID #: 2023-01
Vault ID #: 25-D-0228
Account #: 101066
Bid Opening: 8/30/2022 at 11:00 AM Designer: Scott Collins Basis of Award: By Base Bid Design Manager: Scott Collins Project Description: This project will install a new traffic signal, traffic signs and pavement markings at the intersection of Oakdale Road at Claratina Avenue.

Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
Tim Paxin's Pacific Excavation, Inc. dba Pacific Excavation (916) 686-2800 Fax (916) 686-2806 9796 Kent Street Elk Grove CA 95624 Base Bid

1. Clearing, Grubbing & Mobilization LS 1 $10,460.00 $10,460.00

2. Removal and Installation of Striping, Markings LS 1 $25,970.00 $25,970.00 and Signage

3. Install Concrete Pad SF 66 $58.00 $3,828.00

4. Installation of Traffic Signal at the Intersection of LS 1 $397,865.00 $397,865.00 Oakdale Road and Claratina Avenue

5. Install Vertical Curb LF 160 $72.00 $11,520.00

6. Install Median Island SF 202 $19.00 $3,838.00

7. Sawcut LF 75 $9.00 $675.00

8. Dispose of HMA LS 1 $5,500.00 $5,500.00

9. Remove and Install AC Dike LS 1 $9,000.00 $9,000.00

10. Roadway Excavation LS 1 $900.00 $900.00

11. Water Pollution Control Plan (WPCP) LS 1 $1,500.00 $1,500.00

12. Potholing & Utility Coordination LS 1 $7,500.00 $7,500.00

13. Traffic Control, Barricades and Other Related Fees LS 1 $9,000.00 $9,000.00

14. Monument Preservation LS 1 $1,640.00 $1,640.00
Total: $489,196.00
Percent From Engineer's Estimate: 29.56%
PTM General Engineering Services, Inc.
(951) 710-1000 P.O. Box 7745 Riverside CA 92513
Base Bid

1. Clearing, Grubbing & Mobilization LS 1 $43,900.00 $43,900.00

2. Removal and Installation of Striping, Markings LS 1 $31,200.00 $31,200.00 and Signage

3. Install Concrete Pad SF 66 $70.00 $4,620.00

4. Installation of Traffic Signal at the Intersection of LS 1 $366,388.00 $366,388.00 Oakdale Road and Claratina Avenue

5. Install Vertical Curb LF 160 $87.00 $13,920.00

6. Install Median Island SF 202 $23.00 $4,646.00

7. Sawcut LF 75 $11.00 $825.00

8. Dispose of HMA LS 1 $6,600.00 $6,600.00

9. Remove and Install AC Dike LS 1 $10,800.00 $10,800.00 #12..
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HSIPL-5059 (227) Page 2 of 3 2023-01 New Traffic Signal Installation Oakdale Road at Claratina Avenue Item # Item Description Units Quantity Unit Price Extension

10. Roadway Excavation LS 1 $1,100.00 $1,100.00

11. Water Pollution Control Plan (WPCP) LS 1 $1,500.00 $1,500.00

12. Potholing & Utility Coordination LS 1 $3,000.00 $3,000.00

13. Traffic Control, Barricades and Other Related Fees LS 1 $4,800.00 $4,800.00

14. Monument Preservation LS 1 $1,100.00 $1,100.00
Total: $494,399.00
Percent From Engineer's Estimate: 30.94%
Collins Electrical Company, Inc.
(209) 466-3691 3412 Metro Drive Stockton CA 95215
Base Bid

1. Clearing, Grubbing & Mobilization LS 1 $15,000.00 $15,000.00

2. Removal and Installation of Striping, Markings LS 1 $30,000.00 $30,000.00 and Signage

3. Install Concrete Pad SF 66 $130.00 $8,580.00

4. Installation of Traffic Signal at the Intersection of LS 1 $370,000.00 $370,000.00 Oakdale Road and Claratina Avenue

5. Install Vertical Curb LF 160 $80.00 $12,800.00

6. Install Median Island SF 202 $20.00 $4,040.00

7. Sawcut LF 75 $10.00 $750.00

8. Dispose of HMA LS 1 $8,000.00 $8,000.00

9. Remove and Install AC Dike LS 1 $11,000.00 $11,000.00

10. Roadway Excavation LS 1 $1,500.00 $1,500.00

11. Water Pollution Control Plan (WPCP) LS 1 $1,630.00 $1,630.00

12. Potholing & Utility Coordination LS 1 $10,000.00 $10,000.00

13. Traffic Control, Barricades and Other Related Fees LS 1 $30,000.00 $30,000.00

14. Monument Preservation LS 1 $2,000.00 $2,000.00
Total: $505,300.00
Percent From Engineer's Estimate: 33.83%
St. Francis Electric, LLC
(510) 639-0639 P.O. Box 2057 San Leandro CA 94577
Base Bid

1. Clearing, Grubbing & Mobilization LS 1 $29,000.00 $29,000.00

2. Removal and Installation of Striping, Markings LS 1 $27,500.00 $27,500.00 and Signage

3. Install Concrete Pad SF 66 $75.00 $4,950.00

4. Installation of Traffic Signal at the Intersection of LS 1 $375,000.00 $375,000.00 Oakdale Road and Claratina Avenue

5. Install Vertical Curb LF 160 $94.00 $15,040.00

6. Install Median Island SF 202 $25.00 $5,050.00

7. Sawcut LF 75 $12.00 $900.00

8. Dispose of HMA LS 1 $7,150.00 $7,150.00

9. Remove and Install AC Dike LS 1 $11,700.00 $11,700.00

10. Roadway Excavation LS 1 $1,200.00 $1,200.00

11. Water Pollution Control Plan (WPCP) LS 1 $1,500.00 $1,500.00

12. Potholing & Utility Coordination LS 1 $15,000.00 $15,000.00

13. Traffic Control, Barricades and Other Related Fees LS 1 $22,000.00 $22,000.00

14. Monument Preservation LS 1 $3,500.00 $3,500.00
Total: $519,490.00
Percent From Engineer's Estimate: 37.59%
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HSIPL-5059 (227) Page 3 of 3 2023-01 New Traffic Signal Installation Oakdale Road at Claratina Avenue Item # Item Description Units Quantity Unit Price Extension Tennyson Electric, Inc.
(925) 606-1038 7275 National Drive, Suite A2 Livermore CA 94550 Base Bid

1. Clearing, Grubbing & Mobilization LS 1 $26,850.00 $26,850.00

2. Removal and Installation of Striping, Markings LS 1 $24,500.00 $24,500.00 and Signage

3. Install Concrete Pad SF 66 $65.00 $4,290.00

4. Installation of Traffic Signal at the Intersection of LS 1 $429,850.00 $429,850.00 Oakdale Road and Claratina Avenue

5. Install Vertical Curb LF 160 $82.00 $13,120.00

6. Install Median Island SF 202 $25.00 $5,050.00

7. Sawcut LF 75 $12.00 $900.00

8. Dispose of HMA LS 1 $7,500.00 $7,500.00

9. Remove and Install AC Dike LS 1 $12,500.00 $12,500.00

10. Roadway Excavation LS 1 $5,000.00 $5,000.00

11. Water Pollution Control Plan (WPCP) LS 1 $1,500.00 $1,500.00

12. Potholing & Utility Coordination LS 1 $5,650.00 $5,650.00

13. Traffic Control, Barricades and Other Related Fees LS 1 $38,750.00 $38,750.00

14. Monument Preservation LS 1 $1,500.00 $1,500.00
Total: $576,960.00
Percent From Engineer's Estimate: 52.81%
Engineer's Estimate
Base Bid

1. Clearing, Grubbing & Mobilization LS 1 $5,000.00 $5,000.00

2. Removal and Installation of Striping, Markings LS 1 $15,000.00 $15,000.00 and Signage

3. Install Concrete Pad SF 66 $15.00 $990.00

4. Installation of Traffic Signal at the Intersection of LS 1 $320,000.00 $320,000.00 Oakdale Road and Claratina Avenue

5. Install Vertical Curb LF 160 $30.00 $4,800.00

6. Install Median Island SF 202 $15.00 $3,030.00

7. Sawcut LF 75 $10.00 $750.00

8. Dispose of HMA LS 1 $2,000.00 $2,000.00

9. Remove and Install AC Dike LS 1 $1,500.00 $1,500.00

10. Roadway Excavation LS 1 $2,000.00 $2,000.00

11. Water Pollution Control Plan (WPCP) LS 1 $1,000.00 $1,000.00

12. Potholing & Utility Coordination LS 1 $5,000.00 $5,000.00

13. Traffic Control, Barricades and Other Related Fees LS 1 $13,000.00 $13,000.00

14. Monument Preservation LS 1 $3,500.00 $3,500.00
Total: $377,570.00
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

October 11, 2022
Date: September 19, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: On-Call Water Resource Grant Research and Writing Services Agreements CONTACT: Miguel Alvarez, Associate Engineer, [email protected], 209-577-5348
DESCRIPTION:

Consider approving three On-Call Water Resource Grant Research and Writing Consultant Services Agreements with Provost & Pritchard Consulting Group, Modesto, CA, Woodard & Curran, Sacramento, CA, and West Yost Associates, Davis, CA, for a one-year Agreement with two one-year extension options, for an annual cost not to exceed $150,000 each, and a total not to exceed $1,350,000 over three years. (Funding Source: Various Capital Improvement Program Projects)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The Utilities Department pursues grant funding opportunities for a variety of utility related projects and programs, primarily related to water, wastewater and storm drain collection system infrastructure, groundwater management activities, wastewater treatment plant facilities, recycled water facilities and flood management projects and programs.

Grant opportunities typically range from $100,000 in planning grants from federal resources to $1 million or more from state programs, such as the Proposition (Prop) 1 Grant Program.

Recent successful grant applications include the following:
 $10 million from Prop 1, Storm Water Grant Program for the JM Pike Park Stormwater to Sanitary Cross Connection Removal Project
 $1 million from Prop 1, Sustainable Groundwater Management Grant Program Planning Grant for the Stanislaus and Tuolumne Rivers Groundwater Basin Association Groundwater Sustainability Agency Groundwater Monitoring Wells Project #13..
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City Council, October 11, 2022
On-Call Water Resource Grant Research and Writing Services Agreements

 $1 million from the Department of Water Resources, Urban and Multibenefit Drought Relief Grant Program for the Empire Community Well 312 Treatment System and Flush Line Project
 $653,200 from the California State Water Resources Control Board, Drinking Water State Revolving Fund Drinking Water Planning Loan for the Grayson Water Infrastructure Project.

Successful grant applications require thorough understanding of the funding program requirements, high quality product delivery, and credibility with the granting authorities. Since funding mechanisms, grant requirements, and granting authorities may change on a project-byproject basis, Utilities Department staff does not have the expertise, or the resources due to current workloads, to fully research each funding opportunity presented by the state or federal agencies. Therefore, grant researching and writing services from consultants with specific experience in obtaining grants related to utilities, and who are familiar with the agencies that have the utilities-related grant programs are required.

DISCUSSION:

In accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural & Engineering Services for Capital Projects, which is in compliance with State of California Government Code, Sections 4526-4529, staff solicited and formally advertised Requests for Qualifications (RFQ)/Requests for Proposals (RFP) through Planet Bids for on-call water resource grant research and writing services for the Utilities Department. Five (5) Statements of Qualifications/Proposals were received which included one qualified local consultant.

After careful review of the Statement of Qualifications by a selection committee comprised of Utilities Department staff, the following three firms, were selected as the most qualified firms to provide on-call water resource grant research and writing services:
 Provost & Pritchard Consulting Group, Modesto, CA
 Woodard and Curran, Sacramento, CA
 West Yost Associates, Davis, CA
When on-call water resource grant research and writing services are required on an “as needed” basis, written task orders will be issued to the consultant identifying the scope, cost, and schedule to complete the specific task.

Provost & Pritchard Consulting Group, Woodard and Curran, and West Yost Associates, have extensive experience in developing successful grant applications, thereby securing grant funding from state and federal funding sources. Their assistance will allow the City to apply for a wide variety of grants, which will help fund the City’s local and regional water resource-related projects and programs.

In accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, the three on-call agreements are for professional services and, therefore, exempt from the bid requirement. However, staff proceeded through an RFP process pursuant to Administrative Directive 3.1. Staff recommends approval of the agreements for on-call water resource grant research and writing services.
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City Council, October 11, 2022
On-Call Water Resource Grant Research and Writing Services Agreements

FISCAL IMPACT:

Costs for on-call water resource grant research and writing services are not expected to exceed $450,000 per year. The total cost for the proposed three-year contract term (initial one-year term, with two one-year extension options) is not to exceed the maximum annual expenditure of $450,000 or $1,350,000 over a three-year period for all services.

No new budget allocations are required at this time. To fund consultant work for project-specific task orders, funds will be budgeted and encumbered against each specific Capital Improvement Program (CIP) project account as the project is assigned. Consultant invoices will be paid from each specific CIP project on a task order basis received and verified by Capital Improvement Services staff.

COMMITTEE RECOMMENDATION:

This item was considered by the Economic Development Committee at the September 14, 2022 meeting where it was recommended that it be forwarded to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an On-Call Water Resource Grant Research and Writing Consultant Services Agreement with Provost & Pritchard Consulting Group, Modesto, CA, for a one-year Agreement with two one-year extension options, for an annual cost not to exceed $150,000, and a total amount not to exceed $450,000 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.

Resolution approving an On-Call Water Resource Grant Research and Writing Consultant Services Agreement with West Yost Associates, Davis, CA, for a one-year Agreement with two one-year extension options, for an annual cost not to exceed $150,000, and a total amount not to exceed $450,000 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.

Resolution approving an On-Call Water Resource Grant Research and Writing Consultant Services Agreement with Woodard & Curran, Sacramento, CA, for a one-year Agreement with two one-year extension options, for an annual cost not to exceed $150,000, and a total amount not to exceed $450,000 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

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

1. Resolutions (3)

2. Provost & Pritchard Consulting Group – Agreement

3. Provost & Pritchard Consulting Group – Exhibits to Agreement

4. West Yost Associates – Agreement

5. West Yost Associates – Exhibits to Agreement

6. Woodard and Curran – Agreement

7. Woodard and Curran – Exhibits to Agreement
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1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION APPROVING AN ON-CALL WATER RESOURCE GRANT

RESEARCH AND WRITING CONSULTANT SERVICES AGREEMENT WITH

PROVOST & PRITCHARD CONSULTING GROUP, MODESTO, CA, FOR A

ONE-YEAR AGREEMENT WITH TWO ONE-YEAR EXTENSION OPTIONS, FOR AN ANNUAL COST NOT TO EXCEED $150,000, AND A TOTAL NOT TO EXCEED $450,000 OVER THREE YEARS; AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the Utilities Department pursues grant funding opportunities for a variety of utility related projects and programs, primarily related to water, wastewater and storm drain collection system infrastructure, groundwater management activities, wastewater treatment plant facilities, recycled water facilities and flood management projects, and
WHEREAS, successful grant applications require thorough understanding of the funding program requirements, high quality product delivery, and credibility with the granting authorities, and
WHEREAS, retaining on-call consultants with specific experience in obtaining water resource related grants will allow the City to pursue a wider variety of grant opportunities which will assist in funding local and regional water resource related programs and projects, and
WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a), Exceptions to Formal Bidding Requirements, this agreement for professional services is exempt from the bid requirement, and
WHEREAS, per Administrative Directive 3.1: Selection Procedures for Professional Consultants who Provide Architectural & Engineering Services for Capital #13..
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2 2022-
Projects, the Director at his direction, may secure a candidate firm if it is in the best interest of the City, and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an On-Call Agreement for Water Resource Grant Research and Writing Services with Provost & Pritchard Consulting Group, Modesto, CA, for one year with two one-year extension options, for an annual cost not to exceed $150,000, and a total cost not to exceed $450,000 over three years.

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 11th day of October 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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1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION APPROVING AN ON-CALL WATER RESOURCE GRANT

RESEARCH AND WRITING CONSULTANT SERVICES AGREEMENT WITH

WEST YOST ASSOCIATES, DAVIS, CA, FOR A ONE-YEAR AGREEMENT

WITH TWO ONE-YEAR EXTENSION OPTIONS, FOR AN ANNUAL COST NOT TO EXCEED $150,000, AND A TOTAL NOT TO EXCEED $450,000 OVER THREE YEARS; AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the Utilities Department pursues grant funding opportunities for a variety of utility related projects and programs, primarily related to water, wastewater and storm drain collection system infrastructure, groundwater management activities, wastewater treatment plant facilities, recycled water facilities and flood management projects, and
WHEREAS, successful grant applications require thorough understanding of the funding program requirements, high quality product delivery, and credibility with the granting authorities, and
WHEREAS, retaining on-call consultants with specific experience in obtaining water resource related grants will allow the City to pursue a wider variety of grant opportunities which will assist in funding local and regional water resource related programs and projects, and
WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a), Exceptions to Formal Bidding Requirements, this agreement for professional services is exempt from the bid requirement, and
WHEREAS, per Administrative Directive 3.1: Selection Procedures for Professional Consultants who Provide Architectural & Engineering Services for Capital #13..
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2 2022-
Projects, the Director at his direction, may secure a candidate firm if it is in the best interest of the City, and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an On-Call Agreement for Water Resource Grant Research and Writing Services with West Yost Associates, Davis, CA, for one year with two one-year extension options, for an annual cost not to exceed $150,000, and a total cost not to exceed $450,000 over three years.

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 11th day of October 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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1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION APPROVING AN ON-CALL WATER RESOURCE GRANT

RESEARCH AND WRITING CONSULTANT SERVICES AGREEMENT WITH

WOODARD & CURRAN, SACRAMENTO, CA, FOR A ONE-YEAR

AGREEMENT WITH TWO ONE-YEAR EXTENSION OPTIONS, FOR AN
ANNUAL COST NOT TO EXCEED $150,000, AND A TOTAL NOT TO EXCEED $450,000 OVER THREE YEARS; AND AUTHORIZING THE CITY MANAGER,

OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the Utilities Department pursues grant funding opportunities for a variety of utility related projects and programs, primarily related to water, wastewater and storm drain collection system infrastructure, groundwater management activities, wastewater treatment plant facilities, recycled water facilities and flood management projects, and
WHEREAS, successful grant applications require thorough understanding of the funding program requirements, high quality product delivery, and credibility with the granting authorities, and
WHEREAS, retaining on-call consultants with specific experience in obtaining water resource related grants will allow the City to pursue a wider variety of grant opportunities which will assist in funding local and regional water resource related programs and projects, and
WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a), Exceptions to Formal Bidding Requirements, this agreement for professional services is exempt from the bid requirement, and
WHEREAS, per Administrative Directive 3.1: Selection Procedures for Professional Consultants who Provide Architectural & Engineering Services for Capital #13..
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2 2022-
Projects, the Director at his direction, may secure a candidate firm if it is in the best interest of the City, and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an On-Call Agreement for Water Resource Grant Research and Writing Services with Woodard & Curran, Sacramento, CA, for one year with two oneyear extension options, for an annual cost not to exceed $150,000, and a total cost not to exceed $450,000 over three years.

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 11th day of October 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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-1-

ON-CALL AGREEMENT FOR

WATER RESOURCE GRANT RESEARCH AND WRITING SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2022, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and PROVOST & PRITCHARD CONSULTING GROUP, a California Corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. City has determined that there is a need for On-Call Water Resource Grant Research and Writing Services.

B. Consultant represents that it is qualified, willing and able to provide the requested On-Call Water Resource Grant Research and Writing Services.

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.

Services to be provided by Consultant under this agreement shall generally fall under, but are not limited to, one or more of the categories as set forth and described in the documents attached hereto and referred to as Exhibit "A".

Specific scope(s) of services to be provided by Consultant shall be further defined by and authorized by City through the issuance of project-specific Task Orders. Each specific Task Order will require a written, scope outlining the specific services to be provided by Consultant, the schedule for completion, and the proposed compensation amount(s) and payment #13..
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-2-
methodology to perform the specified services. The City must authorize each Task Order in writing prior to commencement of services by the Consultant.

The Consultant shall perform the services, as described in Exhibit "A" to this Agreement and subsequent Task Orders, 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 performed by Consultant, or one (1) year from the above date, whichever occurs latter, with the possibility of two (2) one (1) year extension options, at the sole discretion of City, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

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

Consultant shall diligently proceed with the work and agrees to complete said specific scope(s) of services within the time period set forth in each respective Task Order.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed ONE HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($150,000) per year, and a sum not to exceed FOUR HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($450,000) over three years as of the Effective Date as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A”, and subsequent Task Orders, and for performance by Consultant of all of its duties and obligations under this Agreement. #13..
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The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant for work performed as authorized by subsequent Task Orders. All work shall be billed: 1) on a time and materials basis, at the hourly rates set forth in Exhibit “B”, attached hereto, or; 2) on a lump sum, fixed fee basis, as authorized by City per specific Task Order(s). Lump sum fees shall generally be in accordance with approximate amounts as shown in Exhibit “B”. Unless otherwise approved by City, the hourly rates and lump sum fees shown in Exhibit “B” shall remain in effect for the entire term of the agreement, including all extensions.

Consultant shall submit monthly invoices to City which include a detailed description of completed tasks, hours worked, and billable rates or percentage complete (for lump sum tasks) for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this Project.

4. OBLIGATIONS OF CONSULTANT.

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

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

5. PERFORMANCE BY KEY EMPLOYEE.
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-4-
Consultant has represented to City that Alex Collins will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

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

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

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

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

8. INTEREST OF CONTRACTOR.

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

9. AMENDMENTS.

Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

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

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 #13..
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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 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, #13..
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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 the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the #13..
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provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: Provost & Pritchard Consulting Group Address: 455 W. Fir Ave
Clovis, CA 93611
Attention: Alex Collins
Phone: (559) 449-2700
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street, Suite 4600
Modesto, CA 95354
Attention: Miguel Alvarez
Phone: (209) 577-5348
Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation #13..
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or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

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

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, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must #13..
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deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

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

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

15. TERMINATION OF AGREEMENT.

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

Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the #13..
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Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; #13..
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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 the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
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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 the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

16. CERTIFIED PAYROLL REQUIREMENT.

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

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

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

18. DISPUTE RESOLUTION.

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

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 #13..
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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 arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.

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

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded #13..
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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 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.
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24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

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

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2022- , adopted by the Council of the City of Modesto on the day of , 2022, and PROVOST & PRITCHARD
CONSULTING GROUP has caused this agreement to be duly executed in duplicate as of the Effective Date.
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EXHIBIT A
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Rate Table: 1001
Assistant Engineer $ - 125.00 97.00 $
Associate Engineer $ - 147.00 115.00 $
Senior Engineer $ - 184.00 153.00 $
Principal Engineer $ - 235.00 195.00 $
Associate Structural Engineer $ - 146.00 120.00 $
Senior Structural Engineer $ - 170.00 150.00 $
Principal Structural Engineer $ - 230.00 180.00 $
Associate Biologist $ - 115.00 95.00 $
Assistant Environmental Specialist $ - 120.00 90.00 $
Associate Environmental Specialist $ - 155.00 126.00 $
Senior Environmental Specialist $ - 185.00 155.00 $
Principal Environmental Specialist $ - 235.00 195.00 $
Assistant GIS Specialist $ - 93.00 75.00 $
Associate GIS Specialist $ - 127.00 100.00 $
Senior GIS Specialist $ - 170.00 135.00 $
Assistant Geologist/Hydrogeologist $ - 113.00 95.00 $
Associate Geologist/Hydrogeologist $ - 150.00 120.00 $
Senior Geologist/Hydrogeologist $ - 180.00 150.00 $
Principal Geologist/Hydrogeologist $ - 235.00 195.00 $
Associate Water Resources Specialist $ - 130.00 105.00 $ Senior Water Resources Specialist $ - 160.00 135.00 $
Environmental & Roof Specialist $ - 200.00 120.00 $
External Affairs Specialist $ - 128.00 98.00 $
Principal Tunneling Consultant $ - 255.00 235.00 $
Assistant Planner/CEQA-NEPA Specialist $ - 105.00 85.00 $ Associate Planner/CEQA-NEPA Specialist $ - 133.00 110.00 $ Senior Planner/CEQA-NEPA Specialist $ - 168.00 140.00 $ Principal Planner/CEQA-NEPA Specialist $ - 196.00 173.00 $ Assistant Technician $ - 97.00 75.00 $
Associate Technician $ - 125.00 102.00 $
Senior Technician $ - 150.00 130.00 $
Associate Construction Manager $ - 140.00 120.00 $
Senior Construction Manager $ - 167.00 145.00 $
Principal Construction Manager $ - 210.00 180.00 $
Construction Inspector (PW) $ - 177.00 152.00 $
Construction Inspector - OT (PW) $ - 218.00 187.00 $
Administrative Assistant $ - 90.00 70.00 $
Project Administrator $ - 105.00 80.00 $
Senior Project Administrator $ - 200.00 115.00 $
Intern $ - 80.00 65.00 $
Assistant Surveyor $ - 115.00 95.00 $
Licensed Surveyor $ - 175.00 145.00 $
1 Man Survey Crew $ 175.00
2 Man Survey Crew $ 245.00
2 Man Survey Crew including LS $ 280.00
UAV (Drone) Services $ 210.00
This schedule supersedes previously published fee schedules as of the effective date.

External Use

PROVOST & PRITCHARD CONSULTING GROUP

STANDARD FEE SCHEDULE
Effective 1/1/22
(hourly rates)
$ 285.00
Multi-year contracts are subject to any subsequent changes in these rates.

ENGINEERING STAFF: Fee Range
SPECIALISTS:

PLANNING STAFF
TECHNICAL STAFF:

CONSTRUCTION SERVICES:

SUPPORT STAFF:

SURVEYING SERVICES:

Prev. Wage (1)
$ 200.00
$ 295.00
(Field Work not including survey equipment billed at individual standard rate plus vehicle as appropriate) EXPERT WITNESS / GIS TRAINING: As quoted.

TRAVEL TIME (for greater than 1 hour from employee’s base office): $80/hr (unless the individual's rate is less)

EXHIBIT B
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Mileage IRS value + 15%
Outside Consultants Cost + 15%
Direct Costs Cost + 15%
(2) Overtime for Construction Services prevailing wage will be calculated at 125% of the standard prevailing wage rate PROJECT COSTS:
(1) Prevailing wage rates shown for San Joaquin, Stanislaus, Merced, Madera, Fresno, Tulare, Kings, and Kern Counties, other counties as quoted.

EXHIBIT B
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ON-CALL AGREEMENT FOR

WATER RESOURCE GRANT RESEARCH AND WRITING SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2022, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and WEST YOST ASSOCIATES, INC., a California Corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. City has determined that there is a need for On-Call Water Resource Grant Research and Writing Services.

B. Consultant represents that it is qualified, willing and able to provide the requested On-Call Water Resource Grant Research and Writing Services.

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.

Services to be provided by Consultant under this agreement shall generally fall under, but are not limited to, one or more of the categories as set forth and described in the documents attached hereto and referred to as Exhibit "A".

Specific scope(s) of services to be provided by Consultant shall be further defined by and authorized by City through the issuance of project-specific Task Orders. Each specific Task Order will require a written, scope outlining the specific services to be provided by Consultant, the schedule for completion, and the proposed compensation amount(s) and payment #13..
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methodology to perform the specified services. The City must authorize each Task Order in writing prior to commencement of services by the Consultant.

The Consultant shall perform the services, as described in Exhibit "A" to this Agreement and subsequent Task Orders, 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 performed by Consultant, or one (1) year from the above date, whichever occurs latter, with the possibility of two (2) one (1) year extension options, at the sole discretion of City, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

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

Consultant shall diligently proceed with the work and agrees to complete said specific scope(s) of services within the time period set forth in each respective Task Order.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed ONE HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($150,000) per year, and a sum not to exceed FOUR HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($450,000) over three years as of the Effective Date as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A”, and subsequent Task Orders, and for performance by Consultant of all of its duties and obligations under this Agreement. #13..
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The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant for work performed as authorized by subsequent Task Orders. All work shall be billed: 1) on a time and materials basis, at the hourly rates set forth in Exhibit “B”, attached hereto, or; 2) on a lump sum, fixed fee basis, as authorized by City per specific Task Order(s). Lump sum fees shall generally be in accordance with approximate amounts as shown in Exhibit “B”. Unless otherwise approved by City, the hourly rates and lump sum fees shown in Exhibit “B” shall remain in effect for the entire term of the agreement, including all extensions.

Consultant shall submit monthly invoices to City which include a detailed description of completed tasks, hours worked, and billable rates or percentage complete (for lump sum tasks) for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this Project.

4. OBLIGATIONS OF CONSULTANT.

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

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

5. PERFORMANCE BY KEY EMPLOYEE.
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Consultant has represented to City that Monique Day will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

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

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

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

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

8. INTEREST OF CONTRACTOR.

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

9. AMENDMENTS.

Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

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

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 #13..
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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 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, #13..
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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 the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the #13..
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provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: West Yost Associates, Inc.

Address: 2020 Research Park Drive
Suite 100
Davis, CA 95618
Attention: Monique Day
Phone: (530) 792-3221
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street, Suite 4600
Modesto, CA 95354
Attention: Miguel Alvarez
Phone: (209) 577-5348
Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation #13..
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or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

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

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, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must #13..
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deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

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

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

15. TERMINATION OF AGREEMENT.

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

Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the #13..
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Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; #13..
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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 the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
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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 the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

16. CERTIFIED PAYROLL REQUIREMENT.

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

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

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

18. DISPUTE RESOLUTION.

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

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 #13..
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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 arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.

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

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded #13..
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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 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.
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24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

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

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2022- , adopted by the Council of the City of Modesto on the day of , 2022, and WEST YOST ASSOCIATES, INC. has caused this agreement to be duly executed in duplicate as of the Effective Date. #13..
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EXHIBIT A
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(Effective August 1, 2022 through December 31, 2022)*

POSITIONS

ENGINEERING
Principal/Vice President $328
Engineer/Scientist/Geologist Manager I / II $310 / $324 Principal Engineer/Scientist/Geologist I / II $280 / $298 Senior Engineer/Scientist/Geologist I / II $251 / $264
Associate Engineer/Scientist/Geologist I / II $215 / $231 Engineer/Scientist/Geologist I / II $173 / $201
Engineering Aide $101
Field Monitoring Services $93
Administrative I / II / III / IV $89 / $112 / $134 / $148

ENGINEERING TECHNOLOGY
Engineering Tech Manager I / II $322 / $324
Principal Tech Specialist I / II $296 / $306
Senior Tech Specialist I / II $271 / $283
Senior GIS Analyst $245
GIS Analyst $232
Technical Specialist I / II / III / IV $173 / $197 / $221 / $247 Technical Analyst I / II $124 / $148
Technical Analyst Intern $100
Cross-Connection Control Specialist I / II / III / IV $129 / $140 / $157 / $175 CAD Manager $195
CAD Designer I / II $151 / $171

CONSTRUCTION MANAGEMENT
Senior Construction Manager $313
Construction Manager I / II / III / IV $191 / $205 / $217 / $275 Resident Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1) $167 / $185 / $207 / $215 Apprentice Inspector $151
CM Administrative I / II $81 / $109
Field Services $215
2022 Billing Rate Schedule

LABOR CHARGES
(DOLLARS PER HOUR)
■ Hourly rates include Technology and Communication charges such as general and CAD computer, software, telephone, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. ■ Outside Services such as vendor reproductions, prints, shipping, and major West Yost reproduction efforts, as well as Engineering Supplies, etc. will be billed at actual cost plus 15%. ■ The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred. Travel other than mileage will be billed at cost. ■ Subconsultants will be billed at actual cost plus 10%. ■ Expert witness, research, technical review, analysis, preparation and meetings billed at 150% of standard hourly rates. Expert witness testimony and depositions billed at 200% of standard hourly rates. ■ A Finance Charge of 1.5% per month (an Annual Rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice. * This schedule is updated annually

EXHIBIT B

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(Effective August 1, 2022 through December 31, 2022)*
Equipment Charges

EQUIPMENT
2" Purge Pump & Control Box $270 / day
Aquacalc / Pygmy or AA Flow Meter $28 / day
Emergency SCADA System $35 / day
Gas Detector $80 / day
Generator $39 / day
Hydrant Pressure Gauge $10 / day
Hydrant Pressure Recorder, Impulse (Transient) $55 / day Hydrant Pressure Recorder, Standard $40 / day
Low Flow Pump Controller $75 / day
Powers Water Level Meter $32 / day
Precision Water Level Meter $19 / day
Stainless Steel Wire per foot $0.03 / day
Storage Tank $15 / day
Sump Pump $24 / day
Transducer Components (per installation) $23 / day
Trimble GPS – Geo 7x $220 / day
Tube Length Counter $22 / day
Turbidity Meter $22 / day
Vehicle $10 / day
Water Flow Probe Meter $20 / day
Water Quality Meter $27 / day
Water Quality Multimeter $185 / day
Well Sounder $30 / day

BILLING RATES
2022 Billing Rate Schedule
* This schedule is updated annually

EXHIBIT B

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ON-CALL AGREEMENT FOR

WATER RESOURCE GRANT RESEARCH AND WRITING SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2022, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and WOODARD & CURRAN, a Maine Corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. City has determined that there is a need for On-Call Water Resource Grant Research and Writing Services.

B. Consultant represents that it is qualified, willing and able to provide the requested On-Call Water Resource Grant Research and Writing Services.

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.

Services to be provided by Consultant under this agreement shall generally fall under, but are not limited to, one or more of the categories as set forth and described in the documents attached hereto and referred to as Exhibit "A".

Specific scope(s) of services to be provided by Consultant shall be further defined by and authorized by City through the issuance of project-specific Task Orders. Each specific Task Order will require a written, scope outlining the specific services to be provided by Consultant, the schedule for completion, and the proposed compensation amount(s) and payment #13..
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methodology to perform the specified services. The City must authorize each Task Order in writing prior to commencement of services by the Consultant.

The Consultant shall perform the services, as described in Exhibit "A" to this Agreement and subsequent Task Orders, 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 performed by Consultant, or one (1) year from the above date, whichever occurs latter, with the possibility of two (2) one (1) year extension options, at the sole discretion of City, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

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

Consultant shall diligently proceed with the work and agrees to complete said specific scope(s) of services within the time period set forth in each respective Task Order.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed ONE HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($150,000) per year, and a sum not to exceed FOUR HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($450,000) over three years as of the Effective Date as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A”, and subsequent Task Orders, and for performance by Consultant of all of its duties and obligations under this Agreement. #13..
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The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant for work performed as authorized by subsequent Task Orders. All work shall be billed: 1) on a time and materials basis, at the hourly rates set forth in Exhibit “B”, attached hereto, or; 2) on a lump sum, fixed fee basis, as authorized by City per specific Task Order(s). Lump sum fees shall generally be in accordance with approximate amounts as shown in Exhibit “B”. Unless otherwise approved by City, the hourly rates and lump sum fees shown in Exhibit “B” shall remain in effect for the entire term of the agreement, including all extensions.

Consultant shall submit monthly invoices to City which include a detailed description of completed tasks, hours worked, and billable rates or percentage complete (for lump sum tasks) for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this Project.

4. OBLIGATIONS OF CONSULTANT.

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

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

5. PERFORMANCE BY KEY EMPLOYEE.
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Consultant has represented to City that Leslie Dumas will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

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

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

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

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

8. INTEREST OF CONTRACTOR.

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

9. AMENDMENTS.

Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

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

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 #13..
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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 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, #13..
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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 the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the #13..
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provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: Woodard & Curran
Address: 801 T Street
Sacramento, CA 95811
Attention: Leslie Dumas
Phone: (916) 999-8778
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street, Suite 4600
Modesto, CA 95354
Attention: Miguel Alvarez
Phone: (209) 577-5348
Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies. #13..
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In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
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(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

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, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must #13..
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deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

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

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

15. TERMINATION OF AGREEMENT.

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

Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the #13..
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Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; #13..
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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 the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
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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 the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

16. CERTIFIED PAYROLL REQUIREMENT.

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

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

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

18. DISPUTE RESOLUTION.

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

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 #13..
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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 arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.

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

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded #13..
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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 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.
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24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

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

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #13..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2022- , adopted by the Council of the City of Modesto on the day of , 2022, and WOODARD & CURRAN has caused this agreement to be duly executed in duplicate as of the Effective Date. #13..
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EXHIBIT A
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STAFF TYPE HOURLY RATE
Project Assistant $120
Billing Manager $140
Designer 1 $140
Graphic Artist $140
Graphics Manager $140
Marketing Assistant $140
Marketing Manager $140
Senior Accountant $140
Senior Project Assistant $140
Software Engineer 1 $165
Designer 2 $170
Designer 3 $175
Senior Software Developer $175
Engineer 1 $180
Geologist 1 $180
Planner 1 $180
Scientist 1 $180
Senior Designer $180
Technical Specialist 1 $180
Software Engineer 2 $185
Software Engineer 3 $200
Engineer 2 $205
Geologist 2 $205
Planner 2 $205
Scientist 2 $205
Technical Specialist 2 $205
Engineer 3 $235
Geologist 3 $235
Planner 3 $235
Scientist 3 $235
Technical Specialist 3 $235
Project Engineer 1 $245
Project Geologist 1 $245
Project Planner 1 $245
Project Scientist 1 $245
Project Specialist 1 $245
Project Technical Specialist 1 $245
Project Engineer 2 $260
Project Geologist 2 $260
Project Planner 2 $260
Project Scientist 2 $260
Project Specialist 2 $260
Project Technical Specialist 2 $260
Project Manager 1 $280
Technical Manager 1 $280
Project Manager 2 $295
Technical Manager 2 $295
Senior Project Manager $315
Senior Technical Manager $315
National Practice Leader $330
Senior Technical Practice Leader $330

EXPENSES
Travel $0.585 / mile
Other Direct Costs At Cost Plus 10%
Subconsultants/Subcontractors At Cost Plus 10%
NOTES
Mileage rate will change as the federal allowable rate is modified.

Rate Schedule
Municipal Standard 2022
#5000
This rate schedule is confidential and for customer internal use only.

Woodard & Curran reserves the right to adjust billing rates annually.

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, OCTOBER 11, 2022 at 4:45 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

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Clerk
October 7, 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, OCTOBER 11, 2022 at 4:45 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

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Clerk
October 7, 2022 BY ORDER OF THE CHAIR
/S
__________________________
SUE ZWAHLEN, Mayor
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