Agenda packet — Economic Development Committee, March 6, 2023 (part 1 of 2)

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www.modestogov.com
AGENDA
City of Modesto

ECONOMIC DEVELOPMENT COMMITTEE / COUNCIL

WORKSHOP
Room 2001-40 Del Puerto Room
(To Access Meeting Please See Instructions Below)
Monday, March 06, 2023 at 4:00 PM
Roll Call: Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
Eric Alvarez, Member
Alternates: David Wright, Nick Bavaro, Rosa Escutia-Braaton, Jeremiah Williams “Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC AND BY ZOOM

VIDEO CONFERENCING AND TELEPHONE
Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Committee meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below and the meeting is physically open to the public.

You may observe a livestream of the meeting at http://media.modestogov.com. You may also participate in the meeting as indicated below.
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PARTICIPATING IN CITY COUNCIL COMMITTEE MEETINGS
As a courtesy, the City of Modesto is providing alternatives to view Council Committee meetings and provide public comments. If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee Members and placed in the record, but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.

VIRTUAL PARTICIPATION BY ZOOM VIDEO

CONFERENCING AND TELEPHONE
Joining the Committee meeting via Zoom
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 Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
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To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.

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

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

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

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

PUBLIC COMMENTS
Please refer to special public comment instructions above.

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

CONSENT ITEMS – ROLL CALL VOTE REQUIRED:

Information concerning the consent items listed below has been forwarded to each Committee Member prior to this meeting for study. Unless some member of the audience or Committee Member has a question concerning an item and asks that it be withdrawn from the consent list, - 3 -
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the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item.

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

This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

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

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

Consent

1. Consider accepting the Pre-Qualified List of Consultants for Engineering Plan Check, Map Check and Land Surveying Services for a period of three years, with two additional one-year renewal options and approving Standard Consultant Agreements and forwarding to Council for approval. (Funding Source: Developer Fees)  Motion accepting the Prequalified Consultant List, consisting of O’Dell Engineering Group; Harris and Associates, Inc.; Yamabe and Horn Engineering, Inc; and DF Engineering Inc. for Engineering Plan Check, Map Check and Land Surveying Services for a period of three years, with two additional one-year renewal options, authorizing the City Manager or his designee to execute the Agreements and forwarding to Council for approval.

CED; Toby Wells, 209-571-5542, [email protected]
Consent

2. Consider approving a Seventh Amendment to the Agreement with Dokken Engineering for the State Route 132 West Freeway/Expressway - Phase 1 Project to increase the existing Agreement to a total amount not to exceed $9,499,031 and forwarding to Council for approval. (Funding Source: Regional Measure L funds)  Motion approving a Seventh Amendment to the Agreement with Dokken Engineering for the State Route 132 West Freeway/Expressway - Phase 1 Project to increase the existing Agreement by $98,948, from $9,400,083 to a total amount not to exceed $9,499,031 and forwarding to Council for approval.

CED; John Rawles, 209-577-5253, [email protected]
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Consent

3. Consider approving a Seventh Amendment to the Agreement with Dokken Engineering for the State Route 99/Pelandale Avenue Interchange – Phase 2 project, to increase the existing Agreement for a total amount not to exceed $3,665,791 and forwarding to Council for approval. (Funding Source: Streets Capital Facility Fees)  Motion approving a Seventh Amendment to the Agreement with Dokken Engineering for the State Route 99/Pelandale Avenue Interchange – Phase 2 project, to increase the existing Agreement by $46,558, plus $20,000 additional services, if needed, from $3,599,233 for a total amount not to exceed $3,665,791 and forwarding to Council for approval.

CED; Phillip Soares, 209-577-5258, [email protected] Consent

4. Consider accepting the Airport Layout Plan Grant as complete and authorizing all necessary steps to file with the County Clerk Recorder and forwarding to Council for approval. (Funding Source: Federal Aviation Administration Grant Funds 90%, with City Local Match of 10% Stanislaus County Aircraft Tax Funds)  Motion approving the completion of FAA Airport Layout Plan Grant No. 3-06- 0153-041-2017; authorizing all necessary steps to file with the County Clerk Recorder and forwarding to Council for approval.

PUBLIC WORKS; Gabe da Silva, 209-577-5319, [email protected] Consent

5. Consider accepting a report on the upcoming La Loma Sewer Replacement Phase 1 Project planned for bidding and construction. (Funding Source: Wastewater Fund)  Motion accepting a report on the upcoming La Loma Sewer Replacement Phase 1 Construction Project planned for bidding and construction.

UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] Consent

6. Consider approving an Agreement with Larry Walker Associates (LWA) for the Monitoring and Management of the City of Modesto’s Stormwater Permit, not to exceed $1,100,000 over five years, and forwarding to Council for approval. (Funding Source: Storm Drainage Fund)
 Motion approving an Agreement with Larry Walker Associates, by utilizing the Competitive Bid Process with City of Stockton, for the Monitoring and Management of the City of Modesto’s Stormwater Permit, for an annual estimated cost of $200,000 and a total amount not to exceed $1,100,000 over five years; and forwarding to Council for approval.

UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] - 5 -
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NEW BUSINESS

7. Consider approving the Award of Proposal and Professional Services Agreement to Seer World, Inc, Roswell, Georgia for Urban Planning and Project Management Support for a total amount not to exceed $542,000, including a 20% contingency, for a total amount not to exceed $650,400 and authorizing the City Manager, or his designee, to negotiate and finalize the terms of the Agreement, and forwarding to Council for approval. (Funding Source: American Rescue Plan Act)  Motion approving the Award of Proposal and Professional Services Agreement to Seer World, Inc, Roswell, Georgia for Urban Planning and Project Management Support for a $542,000, including a 20% contingency, for a total amount not to exceed $650,400 and authorizing the City Manager, or his designee, to negotiate and finalize the terms of the Agreement, and forwarding to Council for approval.

CED; Edgar Garcia, 209-571-5101, [email protected]

8. Consider approving a Design Services Agreement with WMH Corporation of San Jose, CA for the Standiford Avenue at State Route 99 Interchange Improvement Project in a total amount not to exceed $7,095,731, and forwarding to Council for approval. (Funding Source: Streets Capital Facility Fee and Regional Measure L funds)  Motion approving a Design Services Agreement with WMH Corporation of San Jose, CA for the Standiford Avenue at State Route 99 Interchange Improvement Project in the amount of $6,450,665, plus $645,066 for additional services, if needed, for a total amount not to exceed $7,095,731, and forwarding to Council for approval.

CED; Toby Wells, 209-571-5542, [email protected]

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

COMMITTEE AGENDA REPORT
DATE OF MEETING:

March 6, 2023
Date: February 7, 2023
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
Eric Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: Pre-qualified Consultant List for Plan and Map Check Services and Land Surveying Services and Approving Standard Consultant Agreements CONTACT: Toby Wells, City Engineer, [email protected], 209-571-5542 DESCRIPTION:

Consider accepting the Pre-Qualified List of Consultants for Engineering Plan Check, Map Check and Land Surveying Services for a period of three years, with two additional one-year renewal options and approving Standard Consultant Agreements and forwarding to Council for approval. (Funding Source: Developer Fees)
STRATEGIC PLAN ELEMENT:

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

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

BACKGROUND:

On March 13, 2018, by Resolution 2018-106, Council approved a pre-qualified consultant list for plan checking and survey services for an initial three-year term, that were extended two additional years with an expiration date of March 13, 2023. Retaining a pre-qualified, asneeded list of consultants allows the Community and Economic Development Department (CEDD) to have accelerated access to specific engineering and surveying services, when needed. City staff has been able to use consultants on the list to assist with plan and map checking and reduce the time it takes to approve projects.

DISCUSSION:

Based on current reduced staffing and increased workload in the Land Development Engineering Division of CEDD, staff continues to need additional assistance to meet the requested plan checking volume and response time. The Department has determined that the #1..
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Pre-qualified Consultant List - Plan, Map Check and Land Surveying Services

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most efficient way to achieve this assistance is to contract with private firms to assist in the map and plan checking process.

Since the consultants selected for the prequalified list will not be working on Capital Projects, the selection process is not required to follow Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural & Engineering Services for Capital Projects. However, in order to ensure a thorough process to retain qualified firms, which is incompliance with California Government Code, Sections 4526-4529, staff followed the general principals as described in Administrative Directive 3.1 by formally advertised the Request For Qualifications (RFQ) through the City’s public bidding website, Planet Bids for Civil Engineering Services. Staff received seven (7) Statements of Qualifications (SOQs) for consideration.

Five staff members from CEDD and the Utilities Department rated each of the SOQs based on firms Experience, Analysis Approach and General (location of firm, size of firm, potential assignment comprehension, firm reputation, and understanding of environmental concerns).

The following firms were selected as the four most qualified:
 O’Dell Engineering Modesto, CA
 Harris and Associates Concord, CA
 Yamabe and Horn Engineering, Inc. Fresno, CA
 DF Engineering Modesto, CA
This pre-qualified local consultant list will be active for three (3) years from the date of Council approval, at which time the City may extend the list for two additional one-year extensions with the written approval of the City Engineer.

The City reserves the right to request proposals and negotiate a scope of work and contract with the most qualified consultants. Having the pre-qualified consultant list for surveying and engineering services eliminates the need to send out repetitive Request For Proposals (RFP) for projects of similar size as well as reducing man-hours and project costs. All City departments can utilize the most qualified consultant(s) from the consultant list for future projects of a similar nature.

FISCAL IMPACT:

The cost for plan and map checking services will be based upon time required for each specific project and scope of work. The consultant will be paid by the City based on their contract hourly rate. The City will be reimbursed this amount with funds deposited by the developer to the City with the original project submittal. The sum total of the four separate agreements will be limited to $160,000 per year, with a total not to exceed amount of $800,000 over five (5) years. For fiscal year 2021/22, the total paid to consultants for these services was approximately $133,000.

The consultants are only paid for services rendered and the cap provides the necessary budget allocation to ensure staffing vacancies or development review increases are adequately addressed.

Some City tasks require a small amount of survey work that was unplanned in the original task.

If the tasks do not involve restricted funds, the prequalified list can be used to secure land survey services for small supplemental tasks such as preparing and/or reviewing easements, land dedications, and/or providing topographical information. The survey information being requested is so small and time sensitive that going through a full RFP process would not be cost #1..
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effective. If City Surveyors are not available, the City can utilize the Land Survey Services list to address small issues that come up during the design or plan check process.

CEQA/NEPA REQUIREMENTS:

This action is exempt from CEQA because pre-qualifying consultants on a list is not a “project” that may cause physical change in the environment and is covered under the general rule under Section 15061 (b)(s) which states CEQA applies only to projects.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion accepting the Prequalified Consultant List, consisting of O’Dell Engineering Group; Harris and Associates, Inc.; Yamabe and Horn Engineering, Inc; and DF Engineering Inc. for Engineering Plan Check, Map Check and Land Surveying Services for a period of three years, with two additional one-year renewal options, authorizing the City Manager or his designee to execute the Agreements and forwarding to Council for approval.

Approved by:

Jessica Hill, Interim Director of CEDD
Joseph P. Lopez, City Manager
Attachments:

1. Evaluation Scoring results

2. Results Summary Attachment

3. Standard Agreement
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Statement of Qualifications, and Proposal Ranking Sheet For
On-Call Map & Plan Checking and Land Surveying Services Robert Davalos David Felix Phillip Soares Mike SacuskieJuan OchoaRobert DavalosDavid FelixPhillip SoaresMike SacuskieJuan OchoaRobert DavalosDavid FelixPhillip SoaresMike SacuskieJuan OchoaRobert DavalosDavid FelixPhillip SoaresMike SacuskieJuan OchoaRobert DavalosDavid FelixPhillip SoaresMike SacuskieJuan OchoaRobert DavalosDavid FelixPhillip SoaresMike SacuskieJuan OchoaRobert DavalosDavid FelixPhillip SoaresMike SacuskieJuan Ochoa Category Category
Weight
Proposed Scope of Services 40% 10 9 9 9 8 8 8 10 10 10 7 7 9 8 7 10 7 10 10 10 8 6 9 9 8 8 8 9 8 6 10 6 10 10 8 Project Team and Experience 25% 10 8 9 9 5 8 8 9 9 9 5 7 8 8 5 10 6 9 8 10 7 6 8 9 8 8 7 8 8 8 9 6 8 9 9 General 35% 7 7 5 8 9 8 7 6 9 9 5 7 4 8 6 9 7 10 10 9 8 8 5 9 9 8 8 5 9 5 9 8 5 10 9 Total Points 100% 89.5 81 76 87 76 80 77 84 94 94 58 70 70 80 62 97 68 98 95 97 78 67 74 90 84 80 78 74 84 62 94 67 78 98 86 Excellent (9- 10), Good (6 - 8), Fair (3 - 5), Poor (0-2) Rankings
Robert Davalos 89.5 80 58 96.5 77.5 80 94 ====>>> 3 4 7 1 6 4 2 David Felix 80.5 76.5 70 67.5 67 77.5 67 ====>>> 1 3 4 5 6 2 6 Phillip Soares 76 83.5 70 97.5 73.5 73.5 0 ====>>> 3 2 6 1 4 4 7 Mike Sacuskie 86.5 94 80 95 90 83.5 98 ====>>> 5 3 7 2 4 6 1 Juan Ochoa 76 94 62 97 84 62 86 ====>>> 5 2 6 1 4 6 3
Average 81.70 85.60 67.90 90.60 78.30 75.20 68.90 3.4 2.8 6 2 4.8 4.4 3.8 Final Ranking 3 2 7 1 6 5 4
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RFQ – Plan/Map/Survey consultants
Evaluation Scoring Results
Rater 1 3 4 7 1 6 4 2
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Rater 4 5 3 7 2 4 6 1
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- 36 -

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

March 6, 2023
Date: February 13, 2023
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
Eric Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: Seventh Amendment to Dokken Agreement for State Route 132 West Freeway/Expressway - Phase 1 Project
CONTACT: John Rawles, Senior Civil Engineer, [email protected], 209-577-5253 DESCRIPTION:

Consider approving a Seventh Amendment to the Agreement with Dokken Engineering for the State Route 132 West Freeway/Expressway - Phase 1 Project to increase the existing Agreement to a total amount not to exceed $9,499,031 and forwarding to Council for approval. (Funding Source: Regional Measure L funds)
STRATEGIC PLAN ELEMENT:

This action for the State Route 132 (SR132) West Freeway/Expressway Project is consistent with the City Council’s 2020-2025 Strategic Plan Goal D, Ensure Safe, Efficient and Reliable, Infrastructure.

BACKGROUND:

The purpose of the SR132 West Freeway/Expressway - Phase 1 Project is to improve regional and interregional circulation, relieve traffic congestion along existing SR132, and enhance safety and operations for the existing and proposed transportation network.

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

On January 22, 2019, by Resolution No. 2019-01, the City Council approved a First Amendment to the Agreement with Dokken Engineering in the amount of $344,096, for a total contract amount of $7,344,096.
#2..
- 37 -
Economic Development Committee, March 6, 2023
Seventh Amendment to Dokken Agreement for SR132 West Freeway/Expressway - Phase 1

Page 2 of 4 ends

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

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

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

On April 5, 2022, by Resolution No. 2022-147, the City Council approved a Fifth Amendment to the Agreement with Dokken Engineering in the amount of $89,227, for a total contract amount of $9,245,225.

On August 23, 2022, by Resolution No. 2022-349, the City Council approved a Sixth Amendment to the Agreement with Dokken Engineering in the amount of $154,858, for a total contract amount of $9,400,083.

DISCUSSION:

The City opened bids for the construction of SR132 West Freeway/Expressway – Phase I Project on August 20, 2019. Due to the complexity of the project, design support services are required during the construction of the project to provide technical support to the construction manager.

As the project construction has developed, additional design support services have been identified to complete tasks that were not required in the original design of the SR132 West Freeway/Expressway - Phase 1 Project.

On February 8, 2023, Dokken Engineering submitted to the City a budget augmentation for additional tasks in the amount of $98,948, for a total contract amount of $9,499,031. The additional services to be provided include surveying, environmental clearance and design of the replacement of 19 sidewalk curb ramps along Kansas Avenue to allow rehabilitation of the roadway surfacing due to wear and tear incurred during the trucking operations necessary for the construction of the project. Staff recommends approval of the Seventh Amendment to the Agreement.

FISCAL IMPACT:

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

The $98,948 for the Seventh Amendment to the Dokken Engineering Agreement will be paid from Project #101119 – SR 132 West Expressway. This account was created for the construction phase of the project.
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Economic Development Committee, March 6, 2023
Seventh Amendment to Dokken Agreement for SR132 West Freeway/Expressway - Phase 1

Page 3 of 4 ends

The Seventh Amendment will be funded with Regional Measure L funds with the approval of the $31.8M Memorandum of Understanding (MOU) with the Stanislaus Council of Governments (StanCOG) that was presented to City Council as a separate item on September 24, 2019. No additional funding is being requested as part of this amendment as the amendment is being covered by the Regional Measure L funds currently allocated.

ANTICIPATED DESIGN SERVICES EXPENDITURES:

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

$7,344,096
Second Amendment – Dokken Engineering $144,422
TOTAL DESIGN SERVICES EXPENDITURES: $7,488,518
Third Amendment – Dokken Engineering $1,363,210
TOTAL DESIGN & SUPPORT DURING CONSTRUCTION EXPENDITURES: $8,851,728 Fourth Amendment – Dokken Engineering $304,270
TOTAL DESIGN & SUPPORT DURING CONSTRUCTION EXPENDITURES: $9,155,998 Fifth Amendment – Dokken Engineering $89,227
TOTAL DESIGN & SUPPORT DURING CONSTRUCTION EXPENDITURES: $9,245,225 Sixth Amendment – Dokken Engineering $154,858
TOTAL DESIGN & SUPPORT DURING CONSTRUCTION EXPENDITURES: $9,400,083 Proposed Seventh Amendment – Dokken Engineering $98,948 TOTAL DESIGN & SUPPORT DURING CONSTRUCTION EXPENDITURES: $9,499,031 RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion approving a Seventh Amendment to the Agreement with Dokken Engineering for the State Route 132 West Freeway/Expressway - Phase 1 Project to increase the existing Agreement by $98,948, from $9,400,083 to a total amount not to exceed $9,499,031 and forwarding to Council for approval.

Approved by:

Jessica Hill, Interim Director of CEDD
Joseph P. Lopez, City Manager
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Economic Development Committee, March 6, 2023
Seventh Amendment to Dokken Agreement for SR132 West Freeway/Expressway - Phase 1

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Attachments:

1. Seventh Amendment to Agreement

2. Dokken Engineering Exhibit “A-7”

3. Dokken Engineering Exhibit “D-7”

4. Dokken Engineering Original Agreement

5. First Amendment to Agreement

6. Second Amendment to Agreement

7. Third Amendment to Agreement

8. Fourth Amendment to Agreement

9. Fifth Amendment to Agreement

10. Sixth Amendment to Agreement
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Dokken Engineering -1- City of Modesto
Seventh Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project

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

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

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

B. On or about January 22, 2019, the parties entered into a First Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $344,095.43, and attaching corresponding Exhibits A-1 to the First Amendment “Revised Scope of Services” and Exhibit D-1 “Revised Fee Schedule.” C. On or about May 7, 2019, the parties entered into a Second Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $144,421.92, and attaching corresponding “Exhibit A-2 to the Second Amendment - Revised Scope of Services” and “Exhibit D-2 – Revised Fee Schedule.” D. On or about September 24, 2019, the parties entered into a Third Amendment to the Original Agreement, revising the scope of services and increasing the #2..
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Dokken Engineering -2- City of Modesto
Seventh Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project compensation amount by $1,363,210.14, and attaching corresponding “Exhibit A-3 to the Third Amendment - Revised Scope of Services” and “Exhibit D-3 – Revised Fee Schedule.” E. On or about December 8, 2020, the parties entered into a Fourth Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $304,270.00, and attaching corresponding “Exhibit A-4 to the Fourth Amendment - Revised Scope of Services” and “Exhibit D-4 – Revised Fee Schedule.” F. On or about April 5, 2022, the parties entered into a Fifth Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $89,227.00, and attaching corresponding “Exhibit A-5 to the Fifth Amendment - Revised Scope of Services” and “Exhibit D-5 – Revised Fee Schedule.” G. On or about August 23, 2022, the parties entered into a Sixth Amendment to the Original Agreement, revising the scope of services and increasing the compensation amount by $154,858.00, and attaching corresponding “Exhibit A-6 to the Sixth Amendment - Revised Scope of Services” and “Exhibit D-6 – Revised Fee Schedule.” H. On or about February 8, 2023, at the City’s request, Consultant submitted to City a budget augmentation for additional tasks to increase the amount of the Original Agreement, as amended, by an additional $98,947.61. The budget augmentation is attached hereto as “Exhibit A-7 to the Seventh Amendment - Revised Scope of Services” and the further revised fee schedule is attached hereto as “Exhibit D-7 – Revised Fee Schedule.” NOW, THEREFORE, in consideration of this Seventh Amendment to Agreement, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Professional Design Services and the First, Second, Third, Fourth, Fifth, and Sixth Amendments to Agreement, the parties agree as follows:
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Dokken Engineering -3- City of Modesto
Seventh Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project

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

2. Section 1.1 “Scope of Services” of the Original Agreement shall be deleted and parties agree to and hereby do substitute the following in its place:
“1.1 Scope of Services: Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the Original Agreement and referred to therein as Exhibit “A”. In addition, Consultant shall undertake and complete the preparation of the scope of work as set forth in “Exhibit A-1 to the First Amendment”, “Exhibit A-2 to the Second Amendment”, “Exhibit A-3 to the Third Amendment”, “Exhibit A4 to the Fourth Amendment”, “Exhibit A-5 to the Fifth Amendment”, “Exhibit A-6 to the Sixth Amendment”, and
“Exhibit A-7 to the Seventh Amendment” incorporated herein by this reference. The Consultant shall perform all services as required in a manner compatible with the standards of its profession and shall produce a fully complete project acceptable to City.”

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

1. Agreement and all attachments
a. Exhibit A – Scope of Services
b. Exhibit A-1 to the First Amendment – Revised
Scope of Services
c. Exhibit A-2 to the Second Amendment – Revised
Scope of Services
d. Exhibit A-3 to the Third Amendment – Revised
Scope of Services
e. Exhibit A-4 to the Fourth Amendment – Revised
Scope of Services
f. Exhibit A-5 to the Fifth Amendment – Revised
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Dokken Engineering -4- City of Modesto
Seventh Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project Scope of Services
g. Exhibit A-6 to the Sixth Amendment – Revised
Scope of Services
h. Exhibit A-7 to the Seventh Amendment – Revised
Scope of Services
i. Exhibit B – Insurance Requirements
j. Exhibit C – Project Schedule
k. Exhibit D – Fee Schedule
l. Exhibit D-1 – Revised Fee Schedule
m. Exhibit D-2 – Revised Fee Schedule
n. Exhibit D-3 – Revised Fee Schedule
o. Exhibit D-4 – Revised Fee Schedule
p. Exhibit D-5 - Revised Fee Schedule
q. Exhibit D-6 - Revised Fee Schedule
r. Exhibit D-7 - Revised Fee Schedule

2. City’s Request for Proposal

3. Consultant’s Response”

4. Section 3.1 “Compensation” of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
“3.1 Compensation: Consultant and City agree that this Agreement is valid and enforceable only if sufficient funds are made available to the City and funding is approved by the governing body of the City. Consultant shall be paid in accordance with the schedule set forth in Exhibit “D” (Fee Schedule), attached hereto and made a part of this Agreement. In addition, Consultant shall be paid in accordance with the schedule set forth in Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, Exhibit “D-4”, Exhibit “D-5”, Exhibit “D6”, and in Exhibit “D-7”. Fee Schedule rates shall include all work and deliverables, including travel and equipment described in Exhibit “D”, Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, Exhibit “D-4”, Exhibit “D-5”, Exhibit “D-6”, and Exhibit “D-7”, including direct salary costs, employee benefits, and overhead. The City may retain five percent of all periodic or progress payments made to the Consultant until completion and acceptance of all work tasks and City shall have right to withhold payment from Consultant for any unsatisfactory service until such time service is performed satisfactorily.

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

FOUR HUNDRED NINETY-NINE THOUSAND, THIRTY
AND 10/100 DOLLARS ($9,499,030.10) as full remuneration for #2..
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Dokken Engineering -5- City of Modesto
Seventh Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project performing all services and furnishing all staffing and materials called for in Exhibit "A" of the original agreement, “Exhibit A-1 to the First Amendment”, “Exhibit A-2 to the Second Amendment”, “Exhibit A-3 to the Third Amendment”, “Exhibit A-4 to the Fourth Amendment”, “Exhibit A-5 to the Fifth Amendment”, “Exhibit A6 to the Sixth Amendment” and “Exhibit A-7 to the Sixth Amendment”, for performance by Consultant of all of its duties and obligations under this Agreement.

A. The method of payment for this contract will be based on lump sum, unless otherwise indicated on Exhibit “D”, “D-1”, “D-2”, “D-3”, “D-4”, “D-5”, “D-6” or “D-7” of this Agreement. The total lump sum price paid to Consultant will include
compensation for all work and deliverables, including travel and equipment described in Exhibit “D,” Exhibit “D-1”,
Exhibit “D-2”, Exhibit “D-3”, Exhibit “D-4”, Exhibit “D-5”, Exhibit “D-6”, and Exhibit “D-7” of this contract. The hourly price paid to Consultant will include compensation for all work and deliverables, including travel and equipment described in Exhibit “D-1”, Exhibit “D-2”, Exhibit “D-3”, Exhibit “D-4”, Exhibit “D-5”, Exhibit “D-6” and Exhibit “D-7” of this
contract. No additional compensation will be paid to
Consultant, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between Consultant and City. Adjustment in the total lump sum compensation will not be effective until authorized by contract amendment and approved by City.

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

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

D. Consultant will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by City’s Project Manager of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which #2..
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Dokken Engineering -6- City of Modesto
Seventh Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project Consultant is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference the project title as noted elsewhere in this contract.

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

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

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

5. Section 4.3 “Completion of Agreement” of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
“4.3 Completion of Agreement: This Agreement shall be
completed no later than December 31, 2023, unless extended by amendment.”

6. Except as herein amended or modified, the provisions of the Original Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, and Sixth Amendment are expressly reaffirmed and remain in full force and effect.
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Dokken Engineering -7- City of Modesto
Seventh Amendment to Agreement for Design Services dated May 2, 2017 State Route 132 West Freeway/Expressway - Phase 1 Project IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Seventh Amendment in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023-________, adopted by the Council of the City of Modesto on the _____ day of ___________, 2023, and DOKKEN ENGINEERING has caused this Seventh Amendment to be duly executed in duplicate. (Signatures on next page)
Reviewed 2/13/2023 by PH
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A-7, TO THE SEVENTH AMENDMENT

REVISED SCOPE OF SERVICES
Revised February 8, 2023
This amendment includes additional design services outside the scope of work of the Phase 1 project.

These additional services are requested by the City.

Dokken will prepare the design of 19 curb ramps between Morse Road and Carpenter Road (5,500 feet) on Kansas Avenue to facilitate the pavement rehabilitation. The plans will include 150 feet of infill sidewalk.

There are six elements to this work covered in the tasks below:
1) Obtain topographic survey of all areas to be affected by construction of sidewalk and curb ramps.
2) Review the existing curb ramps features including slopes, landings, clear widths, drainage, visual and tactile warnings.
3) Review right of way constraints to verify new improvements will be within project ROW. 4) Prepare an environmental revalidation for the extended project limits and obtain Caltrans approval (assuming no additional technical studies are required). 5) Review existing drainage flow patterns to verify gutter flowlines terminate into existing inlets. 6) Prepare plans and quantities for the reconstruction of 19 curb ramps along Kansas Avenue from Morse Road to Carpenter Road.

TASK 41.7 – Kansas Ave ADA Curb Ramps and Sidewalk (HOURLY) DESIGN:

Dokken will conduct a field visit making note of which curb ramps are ADA compliant and which ones are non-conforming. Dokken will create a summary report based on the field measurements and findings.

Dokken will review the project Right of Way mapping and evaluate which curb ramp locations require TCE.

Dokken will review the existing gutter flowlines to ensure the reconstruction of the curb ramps do not change the existing drainage patterns. With the exception of possibly adding new inlets to existing vertical rock well drains, it is assumed the existing local street drainage will be unchanged.

Dokken will review the existing electrical systems impacted by the Dokken designed ADA curb ramps but no electrical design is anticipated. With the exception of possibly detailing, the replacement of existing signal detection loops and push button relocations.

Dokken will prepare change order plans and quantities to implement reconstruction of non-conforming ADA curb ramps along Kansas Avenue from North Dakota Avenue to Carpenter Road. The change order plans will include updated layout sheets, new construction detail sheets, and new quantity sheets. #2..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1

ENVIRONMENTAL REVALIDATION
Supplemental Cultural Documentation: While the majority of additional work is within the previously approved Archaeological Area of Potential Effects (APE) limits, and the entirety of the work is within the Architectural APE limits, some of the proposed curb ramp replacements to be ADA compliant do fall outside of the previously approved Archaeological APE limits. There is no potential for the proposed work to impact archaeological resources, as all work is within existing improvements and would not involve ground disturbance below the existing base. Dokken will coordinate with Caltrans District 10 cultural resource staff to determine the level of documentation necessary. If required, Dokken will complete a Supplemental Historic Property Survey Report with a minor revalidation of the APE for Caltrans approval and signature. No cultural pedestrian surveys or additional Native American consultation is required for this minor change in the APE limits.

CEQA/NEPA Revalidation: To document the additional work to repair Kansas Avenue and install curb, gutter, sidewalks and ADA compliant curb ramps, a CEQA/NEPA revalidation of the EIR/EA will be required.

The CEQA/NEPA Revalidation will describe the changes in project design. There are no applicable changes in environmental setting, environmental circumstance, environmental impacts, or new avoidance, minimization, or mitigation measures. The CEQA/NEPA Revalidation would be completed and sent to Caltrans for review/signature.

Assumptions:
1) Any required utility relocation coordination will be done by the City. 2) Any ROW services will be done by the City.
3) Existing drainage patterns will be perpetuated.

TASK 41.8 – Survey Support for Kansas Ave Curb Ramps (HOURLY) Dokken will prepare a survey request exhibit for the surveyor. This exhibit will specify all the required survey shot necessary to design ADA compliant curb ramps.

Northstar will provide topographic surveying for the design of 19 curb ramps between Morse Road and Carpenter Road and define a section of right of way from Rosemore Avenue to Carpenter Road. The surveys will include ground shots necessary to design the curb ramps along with shots on the adjacent flowlines and grades. At Mercy Avenue, Northstar will take shots of the general area for the addition of a new curb ramp and new sidewalk.

Northstar will draft in breaklines of the existing curb ramps based on the field shots taken.

Northstar will reconcile the right of way for a stretch of Kansas Avenue from Rosemore Avenue to just beyond Carpenter Road. The right of way for this segment was not part of the SR-132 project needs.

TASK 41.9 – Project Closeout Support to City (HOURLY)
Dokken will provide the City with continued project closeout support as the final project construction records are completed and turned over to Caltrans. This support may include extended as-built plan #2..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
requests from Caltrans, closeout of the right of way mapping, and possible support to complete the right of way relinquishment procedures.

End of Amendment No. 7.
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DESIGN SUPPORT DURING CONSTRUCTION - ADDITIONAL DESIGN TASKS State Route 132 West Freeway/Expressway - Phase 1 Project Exhibit D-7, Revised Fee Schedule
TASK
Matthew Griggs, PE(Project Manager)Richard Sanders, PE (Roadway PE)Joe Ostdiek, PE, TE (Senior Traffic Engineer)Ashley Orsaba-Finders, PE (Senior Engineer)A. Konieczka, E. Espinoza, F. Enriquez,(PE, Senior Engineers)Martin Maechler, PE(Senior Engineer) Associate EngineerAssistant EngineerEnvironmental ManagerSenior Environmental Planner $254.47 $155.51 $189.44 $180.96 $172.47 $220.54 $155.51 $113.10 $212.06 $152.68 TASK 41 - ADDITIONAL DESIGN SUPPORT 32.00 150.00 30.00 36.00 8.00 24.00 236.00 4.00 56.00 576.00 14,000 $98,947.61 576.00 $14,000.00 $98,947.61

41.7 – Kansas Ave ADA Curb Ramp and Sidewalk 16.00 100.00 30.00 12.00 24.00 180.00 4.00 56.00 422.00 $60,863.47 422.00 $60,863.47

41.8 - Survey Support for Kansas Ave Curb Ramps 14,000 $14,000.00 - $14,000.00 $14,000.00

41.9 - Project Closeout Support to City 16.00 50.00 24.00 8.00 56.00 154.00 $24,084.13 154.00 $24,084.13 -
TOTAL HOURS 32.00 150.00 30.00 36.00 8.00 24.00 236.00 4.00 56.00 576.00 576.00 TOTAL COST $ 8,143 $ 23,326 $ 5,683 $ - $ 6,209 $ 1,764 $ 3,732 $ 26,691 $ 848 $ 8,550 $14,000 $98,947.61 $14,000.00 $98,947.61 Total Hours Direct Costs Total Cost GRAND TOTAL - HOURS GRAND TOTAL - DIRECT COSTS GRAND TOTAL - TOTAL COSTS 2/8/2023, Revised

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

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

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

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

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

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

2. City’s Request for Proposal

3. Consultant’s Response”

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

Consultant agrees to accept a sum not to exceed EIGHT

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

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

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

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

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

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

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

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

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

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

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

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

Dokken cannot review shop drawings for bridge falsework.

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

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

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

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

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

2. Biological monitoring – Contractor furnished

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

4. Hazardous materials in buildings to be demolished – CPSI and City The following scope of work will be provided by Dokken’s environmental team to provide additional environmental construction support services to ensure the City fully meets the CEQA, NEPA, and permit commitments for the project. #2..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A- 3 - SCOPE OF WORK
PAGE 3
Task 32.1 General Environmental Construction Support
Dokken will be responsible for general environmental construction support and monitoring as required by the environmental document in support of the City’s needs. This task involves periodic inspection of the construction site to ensure all environmental commitments are being adhered to by the City and its contractors. Monitored commitments may include maintenance of Environmentally Sensitive Area (ESA) fencing, monitoring during initial ground disturbing activities, coordination with City, Caltrans, CM, and contractor staff, and managing the project’s Environmental Commitment Record to track commitments as they are completed throughout construction. Dokken will also coordinate with the Contractor supplied biologist to ensure that all biological monitoring commitments are met. Dokken biologists will be available on-call for any unexpected discovery or emergency situation during construction. Dokken will provide agency coordination for start of construction, emergency management, and construction close out notification, as needed.

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

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

Not included in this proposal are the final Record of Survey, Relinquishment Maps, monumentation of the right of way, right of way maps, and monumentation of the alignments. Proper scoping of these services is anticipated to require several meetings and negotiation with Caltrans District 10. #2..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A- 3 - SCOPE OF WORK
PAGE 4
Task 33.2 Relinquishment Support
Dokken will provide support to the City and Caltrans in preparing right of way adjustments on and around new SR-132 and relinquishment support for the existing SR-132, “Maze Boulevard”. Support from Dokken may include attending meetings, discussing relinquishment related to the 4 locations noted above in Task 33.1. At these properties along the new SR-132 a division between permanent State right of way and property in fee to be retained by the City should be identified.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

GRAND TOTAL - TOTAL
COSTS
TOTALS
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Fourth Amendment -1- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project

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

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

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

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

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

DocuSign Envelope ID: C325595C-CFE9-46D6-958C-CD9FE5E0D905 #2..
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Fourth Amendment -3- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project “2.0 CONTRACT DOCUMENTS
Contract documents consist of the following documents, including all changes, addenda, and modifications thereto:

2. City’s Request for Proposal

3. Consultant’s Response”

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

DocuSign Envelope ID: C325595C-CFE9-46D6-958C-CD9FE5E0D905 #2..
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Fourth Amendment -4- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project Consultant agrees to accept a sum not to exceed NINE MILLION,

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

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

D. Consultant will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by City’s Project Manager of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which DocuSign Envelope ID: C325595C-CFE9-46D6-958C-CD9FE5E0D905 #2..
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Fourth Amendment -5- City of Modesto
State Route 132 West Freeway/Expressway - Phase 1 Project Consultant is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference the project title as noted elsewhere in this contract.

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

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

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

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

DocuSign Envelope ID: C325595C-CFE9-46D6-958C-CD9FE5E0D905 #2..
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DocuSign Envelope ID: C325595C-CFE9-46D6-958C-CD9FE5E0D905 504 8th
December
1/27/2021
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A-4, TO THE FOURTH AMENDMENT

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

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

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

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

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

MurraySmith:

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

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

Prepare an estimated cost of the resulting corrosion protection items.

V&A Consulting Engineers, Inc.

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

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

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

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

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

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

6. Plans and Specifications: Prepare plans and technical specification Section 13 47 13, “Cathodic Protection,” for the cathodic protection system or Section 13 47 13, “Corrosion Monitoring,” for the #2..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
corrosion monitoring system, depending on which system is recommended in the Soil Corrosivity Report.

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

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

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

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

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

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

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

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

This task may include any of the following work items as requested or as needed:
· Support to the City for Right-of-Way transfers and close out with Caltrans #2..
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
· Property Transfer Deed Legal Descriptions
· Post Construction “After Condition” Record of Survey
· Updated Caltrans Right-of-Way Map
· Relinquishment Support – for meeting with Caltrans, agreement review / support, property exchanges with the Department, preparation of exhibits or mapping · Claim Support – engineering support from the design team to evaluate the merit and or value of potential claims.
· Other as-needed design engineer requests
End of Amendment No. 4.
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DESIGN SUPPORT DURING CONSTRUCTION - ADDITIONAL SUBCONTRACTED TASKS State Route 132 West Freeway/Expressway - Phase 1 Project Exhibit D-4, Revised Fee Schedule
TASK
Matthew Griggs, PE(Project Manager)Juann Ramos, PE Senior Engineer Associate Engineer
Assistant Engineer
Administration/Clerical
PrincipalProject Manager andSr. Technical ArchitectSr. Policy SpecialistSr. Access ConsultantDrafter or Technical StaffClerical $226.20 $183.78 $147.03 $93.31 $70.69 $225.00 $160.00 $185.00 $125.00 $110.00 $75.00 TASK 36 - Melton Olmsted Structure Modification (Hourly) 4 4 8 7,000 $8,187.52 8 $7,000.00 $8,187.52

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

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

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

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

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

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

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

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

GRAND TOTAL - DIRECT
COSTS
SALLEY SWANSON ARCHITECTS INC.

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

DOKKEN TOTALS
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SR132 WEST FREEWAY/EXPRESSWAY – PHASE 1
EXHIBIT A-5, TO THE FIFTH AMENDMENT

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

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

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

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

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

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

Task 30.7 – MID / Wagner Road Extension (HOURLY)
Dokken will participate in negotiations with the City, MID, Wagner representatives, and Caltrans to support resolution of a expanded design for the Wagner / MID access road. Participation will include site visits, meetings, the preparation of exhibits, surveys, plans to accommodate the desired access within areas inside and outside the existing MID easements, all while considering orchard operations. #2..
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Dokken will design an additional 1,100-foot segment of the MID / Wagner Road from North Dakota to MID Tower #103. Dokken will design truck turn-around at Tower #103 and ingress /egress from the access road onto N. Dakota and eastbound SR-132. The new access road segment will be 12’ wide in a 16’ ROW, fenced on both sides.

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

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

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

End of Amendment No. 5.
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DESIGN SUPPORT DURING CONSTRUCTION - ADDITIONAL DESIGN TASKS State Route 132 West Freeway/Expressway - Phase 1 Project Exhibit D-5, Revised Fee Schedule
TASK Matthew Griggs, PE (Project Manager) Richard Sanders, PE (Roadway PE) Joe Ostdiek, PE, TE (Senior Traffic Engineer) Ashley Orsaba-Finders, PE (Senior Engineer) A. Konieczka, E. Espinoza, F. Enriquez, (PE, Senior Engineers) Martin Maechler, PE (Senior Engineer) Associate Engineer Assistant Engineer Right of Way Manager Right of Way Specialist Environmental Manager Senior Environmental Planner Senior CADD/Detailer Engineering Technician Administration/Clerical $254.47 $155.51 $189.44 $180.96 $172.47 $220.54 $155.51 $113.10 $183.78 $147.03 $212.06 $152.68 $169.65 $84.82 $98.96 TASK 30 - REQUESTS FOR INFORMATION 44.00 172.00 40.00 24.00 20.00 200.00 15.00 12.00 527.00 $10,443.45 $89,227.24

30.6 Pedestrian Enhancements at Carpenter / Elm Intersection 20.00 64.00 40.00 12.00 20.00 80.00 4.00 6.00 246.00 $2,409.52 $40,438.59

30.7 MID / Wagner Road Extension 24.00 108.00 12.00 120.00 11.00 6.00 281.00 $8,033.93 $48,788.65 -
TOTAL HOURS 44.00 172.00 40.00 24.00 20.00 200.00 15.00 12.00 527.00 TOTAL COST $ 11,197 $ 26,748 $ 7,578 $ - $ 4,139 $ - $ 3,110 $ 22,620 $ - $ 2,205 $ - $ - $ - $ - $ 1,188 $ 10,443 $ 89,227 2/16/2022, Revised

DOKKEN TOTALS GRAND TOTAL - HOURS GRAND TOTAL - DIRECT COSTS GRAND TOTAL - TOTAL COSTS #2..
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

March 6, 2023
Date: February 8, 2023
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
Eric Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: Seventh Amendment to Dokken Agreement for State Route 99/Pelandale Avenue Interchange – Phase 2
CONTACT: Phillip Soares, Senior Civil Engineer, [email protected], (209) 577-5258 DESCRIPTION:

Consider approving a Seventh Amendment to the Agreement with Dokken Engineering for the State Route 99/Pelandale Avenue Interchange – Phase 2 project, to increase the existing Agreement for a total amount not to exceed $3,665,791 and forwarding to Council for approval. (Funding Source: Streets Capital Facility Fees)
STRATEGIC PLAN ELEMENT:

This action for the State Route 99/Pelandale Avenue Interchange project is consistent with the Council’s 2020-2025 Strategic Plan Goal D, Ensure Safe, Efficient and Reliable Infrastructure.

BACKGROUND:

The purpose of this project is to reconstruct the State Route 99 (SR99) and Pelandale Avenue Interchange to alleviate congestion and improve operations of both SR99 and Pelandale Avenue. The project is to be designed consistent with the Project Report prepared by Dokken Engineering and approved by Caltrans on December 12, 2009.

On March 9, 2010, by Resolution No. 2010-90, Council approved an Agreement with Dokken Engineering to prepare the plans, specifications & estimate (PS&E) for the SR99/Pelandale Avenue Interchange reconstruction project in an amount not to exceed $3,011,832.

On February 22, 2011, by Resolution No. 2011-045, Council approved the First Amendment to the Agreement to amend contract language per Caltrans request and revise Dokken’s contract to a cost-plus-fixed-fee Agreement with no change in compensation. #3..
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Economic Development Committee, March 6, 2023
Seventh Amendment to Dokken Agreement for SR99/Pelandale Avenue Interchange – Phase 2

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On September 14, 2011, the City Manager approved the Second Amendment to the Agreement to incorporate a Post Award Audit clause to the Agreement with no change in compensation.

On February 14, 2012, by Resolution No. 2012-63, Council approved the Third Amendment to the Agreement with Dokken Engineering to incorporate right-of-way engineering and land acquisition services to obtain a required Right-of-Way Level 2 Certification from Caltrans prior to start of construction in an amount not to exceed $338,000.

On January 22, 2013, by Resolution No. 2013-40, Council approved the Fourth Amendment to the Agreement with Dokken Engineering to include additional work for modifying the PS&E to exclude the “Carl’s Jr” property from the project’s first phase in an amount not to exceed $64,000. The Fourth Amendment to the Agreement reflected a credit of $45,000, although Resolution No. 2013-40 did not. The amount of $64,000 for the Fourth Amendment excludes the remaining contract credited amount of $45,000, for a net increase of $19,000 and a total contract amount of $3,368,832.

On April 2, 2019, by Resolution No. 2019-133, Council approved the Fifth Amendment to the Agreement with Dokken Engineering to include the work needed to prepare the PS&E and proceed with right-of-way acquisition for the SR99/Pelandale Avenue Interchange – Phase 2 project in an amount not to exceed $181,495. Dokken Engineering’s cost proposal for the Fifth Amendment was $249,354, however there were $67,859 in unexpended funds from the original Agreement utilized as a credit in the Fifth Amendment. This credit resulted in a net increase of $181,495 and a total contract amount of $3,550,327.

On December 7, 2021, by Resolution No. 2021-459, Council approved the Sixth Amendment to the Agreement with Dokken Engineering to revise 95% PS&E, and right-of-way acquisition requirements to align with the alternate drainage basin storage requirements approved by Caltrans for the SR99/Pelandale Avenue Interchange – Phase 2 project in an amount not to exceed $48,906 and a total contract amount of $3,599,233.

DISCUSSION:

The original scope of the SR99/Pelandale Avenue Interchange – Phase 2 project required the acquisition of the entire parcel at 4125 Sisk Road, where a Carl’s Jr. restaurant currently operates. An appraisal of the required parcel, utility coordination, 95% design plans, specifications and estimate reflecting the full acquisition were completed by Dokken Engineering and a 95% plan review was conducted by Caltrans.

Following the completion of the above-mentioned items related to the scope of the Phase 2 project, staff discovered that Caltrans District 10 was requiring a larger factor of safety for the drainage basins on this project than what had been required on other projects in various Caltrans Districts. Dokken Engineering and City staff were able to work with District 10 Caltrans Hydraulics Division staff to receive approval for a reduced storm drainage safety factor. Dokken Engineering was able to show that this reduced safety factor was already met with the existing configuration of storm drainage basins built during the previous phase of the SR99/Pelandale Avenue Interchange project. This approval from Caltrans reduced the right-of-way required from the parcel at 4125 Sisk Road, from a full parcel acquisition to a partial acquisition, that will allow the existing restaurant to remain with some modifications to their parking lot and drive-through. #3..
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Economic Development Committee, March 6, 2023
Seventh Amendment to Dokken Agreement for SR99/Pelandale Avenue Interchange – Phase 2

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100% plans, specifications, and estimate are complete, and Caltrans has provided review and approval. The required right of way for this project has been acquired through a Possession and Use Agreement with the property owner and property tenant. Staff is preparing to advertise this project for bid.

On January 17, 2023, Dokken Engineering submitted a request for a Seventh Amendment to the City to support the project through construction and project completion. Services will include responding to requests for information, review of contractor shop drawing submittals, traffic control support, and utility services necessary to support construction of the project and close out the project, for a net increase of $46,558 and a total contract amount of $3,645,791. An additional $20,000 in additional services, is included in the event that unforeseen field conditions arise during construction that will require additional time and revisions by Dokken Engineering. Staff recommends approval of the Seventh Amendment to the Agreement.

FISCAL IMPACT:

Funding for the Seventh Amendment is available in the current FY 2022-2023 Capital Improvement Program budget in Account:
101063 – Capital Grants - Streets CIP Projects - 3160 “Pelandale Ave. Int. – Phase 2”

DOKKEN ENGINEERING AGREEMENT
Original Agreement, (including Amendments 1-6) $3,599,233 Proposed Seventh Amendment $46,558
Additional Services, if necessary $20,000
REVISED TOTAL AGREEMENT $3,665,791
RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion approving a Seventh Amendment to the Agreement with Dokken Engineering for the State Route 99/Pelandale Avenue Interchange – Phase 2 project, to increase the existing Agreement by $46,558, plus $20,000 additional services, if needed, from $3,599,233 for a total amount not to exceed $3,665,791 and forwarding to Council for approval.

Approved by:

Jessica Hill, Interim Director of CEDD
Joseph P. Lopez, City Manager
Attachments:

1. Seventh Amendment to Agreement

2. Dokken Engineering Exhibit “5”

3. Dokken Engineering Original Agreement
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Seventh Amendment to Dokken Agreement for SR99/Pelandale Avenue Interchange – Phase 2

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4. First Amendment to Agreement

5. Second Amendment to Agreement

6. Third Amendment to Agreement

7. Fourth Amendment to Agreement

8. Fifth Amendment to Agreement

9. Sixth Amendment to Agreement
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Seventh Amendment -1- City of Modesto
State Route 99/Pelandale Avenue Interchange

SEVENTH AMENDMENT TO AGREEMENT FOR
STATE ROUTE 99/PELANDALE AVENUE INTERCHANGE
This SEVENTH AMENDMENT TO AGREEMENT FOR STATE ROUTE 99
PELANDALE AVENUE INTERCHANGE (“Seventh Amendment”) is made and entered into in the City of Modesto, County of Stanislaus, State of California, as of this 14th day of March, 2023, by and between the CITY OF MODESTO a municipal corporation of the State of California (“City”) and DOKKEN ENGINEERING, a California Corporation, (“Consultant”).

This Seventh Amendment to Agreement is made with regard to the following Recitals:

A. On or about March 9, 2010, City and Consultant entered into a STANDARD AGREEMENT FOR CONSULTANT SERVICES (“Agreement”).

B. On or about February 22, 2011, City and Consultant entered into an AMENDMENT TO AGREEMENT FOR STATE ROUTE 99/PELANDALE
AVENUE INTERCHANGE (“First Amendment”).

C. On or about September 14, 2011, City and Consultant entered into a SECOND AMENDMENT TO AGREEMENT FOR STATE ROUTE 99/PELANDALE
AVENUE INTERCHANGE (“Second Amendment”).

D. On or about February 14, 2012, City and Consultant entered into a THIRD AMENDMENT TO AGREEMENT FOR STATE ROUTE 99/PELANDALE
AVENUE INTERCHANGE (“Third Amendment”).

E. On or about January 22, 2013, City and Consultant entered into a FOURTH AMENDMENT TO AGREEMENT FOR STATE ROUTE 99/PELANDALE
AVENUE INTERCHANGE (“Fourth Amendment”).
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Seventh Amendment -2- City of Modesto
State Route 99/Pelandale Avenue Interchange
F. On or about April 2, 2019, City and Consultant entered into a FIFTH AMENDMENT TO AGREEMENT FOR STATE ROUTE 99/PELANDALE
AVENUE INTERCHANGE (“Fifth Amendment”).

G. On or about December 7, 2021, City and Consultant entered into a SIXTH AMENDMENT TO AGREEMENT FOR STATE ROUTE 99/PELANDALE
AVENUE INTERCHANGE (“Sixth Amendment”).

H. Paragraph 9 “AMENDMENTS” of the Agreement states in part: “…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…” I. Paragraph 3 “COMPENSATION” of the Agreement states in part:
“…Consultant agrees to accept a sum not to exceed $3,011,832.00 as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit “A” and for performance by Consultant of all of its duties and obligations under this Agreement…”
J. On January 31, 2012, Consultant submitted to the City a budget augmentation for additional tasks requested by the City to be added to the Agreement for the completion of work related to acquisition of Right-of-Way to Reconstruct State Route 99/Pelandale Avenue Interchange, attached hereto as Exhibit “1” and incorporated herein by reference. Exhibit “1” identifies additional tasks to #3..
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Seventh Amendment -3- City of Modesto
State Route 99/Pelandale Avenue Interchange
be performed by Consultant as well as Consultant’s costs for each additional task.

K. On December 10, 2012, Consultant submitted to the City a budget augmentation for additional tasks requested by the City to be added to the Agreement for the completion of work related to project phasing for State bond funding of the State Route 99/Pelandale Avenue Interchange, attached hereto as Exhibit “2” and incorporated herein by reference. Exhibit “2” identifies additional tasks to be performed by Consultant as well as Consultant’s costs for each additional task.

L. On February 5, 2019, Consultant submitted to the City a budget augmentation for additional tasks requested by the City to be added to the Agreement for the design and Caltrans Encroachment approval of the State Route 99/Pelandale Avenue Interchange Phase 2 Improvements, attached hereto as Exhibit “3” and incorporated herein by reference. Exhibit “3” identifies additional tasks to be performed by Consultant as well as Consultant’s costs for each additional task.

M. On November 8, 2021, Consultant submitted to the City a budget augmentation for additional tasks requested by the City to be added to the Agreement for design revisions due to alternate storm drainage basin requirements, as approved by Caltrans, for the State Route 99/Pelandale Avenue Interchange Phase 2 Improvements, attached hereto as Exhibit “4” and incorporated herein by reference. Exhibit “4” identifies additional tasks to #3..
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Seventh Amendment -4- City of Modesto
State Route 99/Pelandale Avenue Interchange
be performed by Consultant as well as Consultant’s costs for each additional task.

N. On January 17, 2023, Consultant submitted to the City a budget augmentation for additional tasks requested by the City to be added to the Agreement for Phase 2 construction support needed to support the City through construction and project completion, for the State Route 99/Pelandale Avenue Interchange Phase 2 Improvements, attached hereto as Exhibit “5” and incorporated herein by reference. Exhibit “5” identifies additional tasks to be performed by Consultant as well as Consultant’s costs for each additional task.

O. The estimated additional tasks result in increased cost as follows:

1. THIRD AMENDMENT
i. Task 3 Right of Way Engineering: $70,108
ii. Task 15 Right of Way Appraisal and Acquisition Services:
$267,892

2. FOURTH AMENDMENT
i. Task 15 Credit for Right of Way – Goodwill valuations:
($45,000)
ii. Task 16 Revise Project for SR-99 Bond Schedule: $54,000 iii. Task 17 Utilities: $10,000

3. FIFTH AMENDMENT
i. Less Credit for Remaining Budget in Contract: ($67,859) ii. Task 18 Phase 2 Project Management; additional cost:
$22,819
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Seventh Amendment -5- City of Modesto
State Route 99/Pelandale Avenue Interchange
iii. Task 19 Phase 2 Survey Services: $9,006
iv. Task 20 Phase 2 Right of Way Acquisition Services: $91,053 v. Task 21 Phase 2 Utility Coordination and Potholing: $26,756 vi. Task 22 Phase 2 Draft Plan Submittal: $47,126
vii. Task 23 Phase 2 Final Plans and Caltrans Approval: $22,725 viii. Task 24 Phase 2 Special Provisions and Bid Book: $12,125 ix. Task 25 Phase 2 Bid and Construction Support: $8,021 x. Task 26 Phase 2 Environmental Memos: $9,723

4. SIXTH AMENDMENT
i. Task 18.1.1 Additional Project Management with Alternate Basin Storage: $4,819
ii. Task 20.2 Credit for Asbestos and Lead Containing Paint Survey: ($6,653)
iii. Task 21.2.1 Additional Utility Coordination with Alternate Basin Storage: $3,541
iv. Task 22.1.1 Revisions to 95% Plans with Alternate Basin Storage: $7,598
v. Task 22.5.1 Prepare Revised Quantities and Estimate: $3,283 vi. Task 23.1.1 Preparation of Response to Comments: $2,955 vii. Task 23.2.1 Additional Revisions to Final Plans: $8,279 viii. Task 23.2.2 Revisions to Final Plans with Alternate Basin Storage: $6,684
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Seventh Amendment -6- City of Modesto
State Route 99/Pelandale Avenue Interchange
ix. Task 23.3.1 Draft Storm Water Data Report and Revisions with Alternate Basin Storage: $8,601
x. Task 23.3.2 Alternative Basin Storage Calculations with Revisions to Drainage Report: $11,418
xi. Task 23.3.3 Final Drainage Report with Revisions to Basin Storage: $1,882
xii. Task 24.1.1 Prepare Special Provisions with Alternate Basin Storage: $1,718
xiii. Task 26.1 Credit for Biology Update Memo: ($300)
xiv. Task 26.2 ISA Update Memo: ($4,920)

5. SEVENTH AMENDMENT
i. Task 27 Respond to Requests for Information: $19,500 ii. Task 28 Review Shop Drawings: $5,277
iii. Task 29 Traffic Control Support: $6,684
iv. Task 30 Utility Support: $4,309
v. Task 31 Prepare As-Built Plans: $10,788
P. The aforementioned estimated additional tasks increase the amount of the Agreement by a net of $633,959. The amounts listed above are the estimated level of effort for each task. In no case shall the total fee exceed the total contract amount under the Agreement and this Seventh Amendment without memorializing an additional written amendment to the Agreement signed by City and Consultant.
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Seventh Amendment -7- City of Modesto
State Route 99/Pelandale Avenue Interchange
Q. The parties to the Agreement and to this Seventh Amendment understand and agree that it is necessary to modify Paragraph 1 of the Agreement entitled “SCOPE OF SERVICES”.

R. The parties to the Agreement and to this Seventh Amendment understand and agree that it is necessary to modify Paragraph 3 of the Agreement entitled “COMPENSATION”.

NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein, the parties mutually agree as follows:

1. The recitals and exhibits set forth above and as set forth in the Agreement, First, Second, Third, Fourth, Fifth, and Sixth Amendments are incorporated by this reference and hereby made a part of this Seventh Amendment.

2. Except as provided herein, the terms used in this Seventh Amendment shall have the same meaning as the same terms have in the Agreement, the First, Second, Third, Fourth, Fifth, and Sixth Amendments.

3. Unless expressly amended by this Seventh Amendment, all the terms and provisions of the Agreement, First, Second, Third, Fourth, Fifth, and Sixth Amendments shall remain in full force and effect.

4. Paragraph 1 of the Agreement entitled “SCOPE OF SERVICES” shall be deleted and the parties agree to and hereby do substitute the following in its place:
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Seventh Amendment -8- City of Modesto
State Route 99/Pelandale Avenue Interchange

1. SCOPE OF SERVICES.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to this Agreement and referred to herein as Exhibit “A” or “Project”. In addition, Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the Third, Fourth, Fifth, Sixth, and Seventh Amendments to Agreement For State Route 99/Pelandale Avenue Interchange and referred to therein as Exhibits “1”, “2”, “3”, “4”, and “5”. The Consultant shall perform the services as described in said Exhibit “A”, Exhibit “1”, Exhibit “2”, Exhibit “3”, Exhibit “4”, and Exhibit “5” in a manner compatible with the standards of its profession and shall produce a fully complete project as described in Exhibit “A”, Exhibit “1”, Exhibit “2”, Exhibit “3”, Exhibit “4” and Exhibit “5” acceptable to City.

5. Paragraph 3 of the Agreement entitled “COMPENSATION” shall be deleted and the parties agree to and hereby do substitute the following in its place:

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed THREE

MILLION, SIX HUNDRED FORTY-FIVE THOUSAND, SEVEN
HUNDRED NINETY-ONE AND 00/100 DOLLARS ($3,645,791.00)
(maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit “A” to this #3..
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Seventh Amendment -9- City of Modesto
State Route 99/Pelandale Avenue Interchange
Agreement, Exhibit “1” to the Third Amendment, Exhibit “2” to the Fourth Amendment, Exhibit “3” to the Fifth Amendment, Exhibit “4” to the Sixth Amendment, and Exhibit “5” to the Seventh Amendment to Agreement for State Route 99/Pelandale Avenue Interchange, as well as for performance by Consultant of all duties and obligations under this Agreement, the Third Amendment, the Fourth Amendment, the Fifth Amendment, the Sixth Amendment, and the Seventh Amendment to Agreement for State Route 99/Pelandale Avenue Interchange, except that additional services may be compensated as described below.

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

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” of this Agreement, Exhibit “1” of the Third Amendment, Exhibit “2” of the Fourth Amendment, Exhibit “3” of the Fifth Amendment, Exhibit “4” of the Sixth Amendment, and Exhibit “5” of the Seventh Amendment to Agreement for State Route 99/Pelandale Avenue Interchange. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “A” of this Agreement, Exhibit “1” of the Third Amendment, Exhibit “2” of the Fourth Amendment, Exhibit “3” of the Fifth Amendment, Exhibit “4” of the Sixth Amendment, and Exhibit “5” of the Seventh Amendment to Agreement. Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and #3..
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Seventh Amendment -10- City of Modesto
State Route 99/Pelandale Avenue Interchange
billable rates for all work completed, and detailed receipts for any out-ofpocket costs paid by Consultant in connection with work performed on this project.

Additional services may be authorized by the City Manager in an amount up to TWENTY THOUSAND AND 00/100 DOLLARS
($20,000.00). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work.

The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “A” of this Agreement, Exhibit “1” of the Third Amendment, Exhibit “2” of the Fourth Amendment, Exhibit “3” of the Fifth Amendment, Exhibit “4” of the Sixth Amendment, and Exhibit “5” of the Seventh Amendment to Agreement and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed THREE MILLION, SIX

HUNDRED SIXTY-FIVE THOUSAND, SEVEN HUNDRED
NINETY-ONE AND 00/100 DOLLARS ($3,665,791.00). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.
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Seventh Amendment -11- City of Modesto
State Route 99/Pelandale Avenue Interchange

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

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Seventh Amendment in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023-________, adopted by the Council of the City of Modesto on the 14th day of March, 2023, and DOKKEN ENGINEERING, has caused this Seventh Amendment to be duly executed in duplicate.
(Signatures on next page)
1/20/2023 Approved by PH
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110 Blue Ravine Rd, Suite 200, Folsom, CA 95630-4713 • Tel: 916.858.0642 • Fax: 916.858.0643 • www.dokkenengineering.com January 17, 2023
Ms. Sandeep Sandhu
Project Manager
City of Modesto
1010 Tenth Street, Suite 4600
Modesto, CA 95354
RE: State Route 99/Pelandale Avenue Interchange – Request for Amendment #7

Dear Ms. Sandhu:

The purpose of this letter is to request Amendment #7 to the existing State Route 99/Pelandale Avenue Interchange Design Contract between the City of Modesto and Dokken Engineering related to the Phase 2 construction support needed to support the City through construction and project completion. The additional design services includes: responding to requests for information, review of contractor shop drawing submittals, traffic control support, continued utility relocation coordination, and the preparation of as-built plans.

The proposed additional scope of services is described in more detail on the attached Exhibit 5, Scope of Services by task. The cost associated with each task is broken down also in Exhibit 5, Cost Proposal. This work will be on as-requested basis from the City and will be performed on a time and materials basis.

The existing contract amount, previously approved Amendments and the contract total with this request for Amendment #7 are shown in the following table.

ITEM TOTAL AMOUNT PHASE 1
Original Contract $3,011,832
Amendment #1 $0
Amendment #2 $0
Amendment #3 $338,000
Amendment #4 $19,000
Phase 1 Completed Subtotal: $3,368,832
ITEM TOTAL AMOUNT PHASE 2
Amendment #5, Phase 2 Design $181,495
Amendment #6, Carl’s Jr $48,906
Amendment #7, Phase 2 CON Support $46,558
Phase 2 Subtotal: $276,959
CONTRACT TOTAL $3,645,791
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110 Blue Ravine Rd, Suite 200, Folsom, CA 95630-4713 • Tel: 916.858.0642 • Fax: 916.858.0643 • www.dokkenengineering.com Dokken Engineering appreciates the City’s continued trust in us as we work to deliver this important project. Please contact me at (916) 858-0642 if additional information is needed.

Sincerely,

DOKKEN ENGINEERING
Matthew N. Griggs, P.E.

Project Manager
Attachments:

Exhibit 5
o Scope of Services
o Cost Proposal
File 2432-052

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STATE RO UTE 99/PELAN DALE AVEN UE I NT ERCHANGE
A m e n d m e n t #7 , P h a s e 2 – P a g e 1
CONTRACT AMENDMENT #7 PHASE 2 SCOPE
REVISED 1/17/2023
EXHIBIT 5, SCOPE OF SERVICES
The following scope of work includes design and environmental support during the construction process. These services include design, environmental, traffic control, and utility services necessary to support construction of the project and close out the project.

This work will be performed on a time and materials basis.

TASK 27 REQUESTS FOR INFORMATION
Dokken Engineering (Dokken) will provide on-going consultation and interpretation of contract documents, as requested. Written responses will be provided to all requests for information (RFI’s), and supplemental or revised drawings may be issued to provide clarity to the Resident Engineer (RE) and Contractor. Developing change orders or plans for change orders is also made a part of this task. Dokken will schedule and attend periodic site visits throughout the project to answer questions, offer insight related to the unique project conditions and sign off RFI’s.

Dokken will be responsible for general environmental construction support and monitoring as required by the environmental document in support of the City’s needs. Dokken environmental specialists will be available on-call for any unexpected discovery or emergency situation during construction.

Deliverables – Task 27
 Written Response to RFI’s
 Revised Plans to Clarify RFI’s
 Change Order Plans
 Environmental Construction Support
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STATE RO UTE 99/PELAN DALE AVEN UE I NT ERCHANGE
A m e n d m e n t #7 , P h a s e 2 – P a g e 2
TASK 28 REVIEW OF SHOP DRAWINGS
Dokken will review submittal drawings and stamp them as returned for corrections, approved as noted, or approved. Submittal reviews are anticipated for traffic signals, street lighting, and camera systems. Any corrections will be clearly marked in red and returned to the Resident Engineer. Subsequent reviews to confirm appropriate corrections to the shop drawings are anticipated.

Deliverables – Task 28
 Stamped Shop Drawing Reviews
 Stamped Subsequent Reviews to Confirm Corrections
TASK 29 TRAFFIC CONTROL SUPPORT
Dokken will provide on-going consultation and interpretation of traffic control documents submitted by the contractor, as requested by the City. Written responses will be provided to all requests. Dokken will provide support to the City for any requested traffic control modifications during construction.

TASK 30 UTILITY SUPPORT
Dokken will support the City as requested with background information and coordination for planned utility relocations prior to construction. Support may include discussing potholing findings and research prior to construction, coordinating ongoing relocations with the utility companies, revising details to accommodate any change conditions for the utilities and supporting the City to comply with the utility agreements.

TASK 31 AS BUILT PLAN PREPARATION
Using mark-ups received from the RE and supplemental or revised drawings from addenda, change orders or RFI’s, Dokken will prepare the final record drawings. These drawings will be prepared electronically in Microstation format and provided on a CD and in both full and half size copies on bond paper.

Dokken will prepare the as-built drawings based on previous as-built coordination with Caltrans District 10 or Pelandale Avenue Phase 1 and SR-132 West. Completed as-built plans will be submitted to the City of Modesto and Caltrans District 10.

Deliverables – Task 31
 As-Built Plans (11x17) Electronic and Hard Copy Files

END OF SCOPE
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CITY OF MODESTO
Amendment #7 Phase 2 Cost Proposal
Revised 9/22/2022

MATT GRIGGS, PE
Project Manager

AMANDA KONIECZKA, PE
Project Engineer

JOE OSTDIEK, PE, TE
Senior Engineer
STAFF
Senior Engineer
STAFF
Associate Engineer
STAFF
Assistant Engineer
STAFF
Senior Environmental Planner
STAFF
Associate Environmental Planner
STAFF
Environmental Planner
$337.12 $175.89 $196.41 $219.86 $168.56 $102.60 $158.30 $134.85 $90.88 CONSTRUCTION SUPPORT FOR PHASE 2 22 40 100 8 88 4 16 278 $46,558 Task 27 Respond to Requests for Information (RFI's) 8 8 40 8 40 4 16 124 $19,500 Task 28 Review Shop Drawings 4 20 24 $5,277
Task 29 Traffic Control Support 4 8 20 32 $6,684
Task 30 Utility Support 2 16 8 26 $4,309
Task 31 Prepare As-Built Plans 4 8 20 40 72 $10,788
TOTAL HOURS 22 40 100 8 88 4 16 278
TOTAL COST $7,417 $7,036 $19,641 $1,348 $9,029 $633 $1,454 $46,558 OTHER
DIRECT
COSTS
Task Description

DOKKEN ENGINEERING

TOTAL COST
Exhibit 5, Cost Proposal
TOTAL
HOURS
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Sixth Amendment -1- City of Modesto
State Route 99/Pelandale Avenue Interchange

SIXTH AMENDMENT TO AGREEMENT
FOR
STATE ROUTE 99/PELANDALE AVENUE INTERCHANGE
This SIXTH AMENDMENT TO AGREEMENT FOR STATE ROUTE 99
PELANDALE AVENUE INTERCHANGE (“Sixth Amendment”) is made and entered into in the City of Modesto, County of Stanislaus, State of California, as of this 7th day of December, 2021, by and between the CITY OF MODESTO a municipal corporation of the State of California (“City”) and DOKKEN ENGINEERING, a California Corporation, (“Consultant”).

This Sixth Amendment to Agreement is made with regard to the following Recitals:

A. On or about March 9, 2010, City and Consultant entered into a STANDARD AGREEMENT FOR CONSULTANT SERVICES (“Agreement”).

B. On or about February 22, 2011, City and Consultant entered into an AMENDMENT TO AGREEMENT FOR STATE ROUTE 99/PELANDALE
AVENUE INTERCHANGE (“First Amendment”).

C. On or about September 14, 2011, City and Consultant entered into a SECOND AMENDMENT TO AGREEMENT FOR STATE ROUTE 99/PELANDALE
AVENUE INTERCHANGE (“Second Amendment”).

D. On or about February 14, 2012, City and Consultant entered into a THIRD AMENDMENT TO AGREEMENT FOR STATE ROUTE 99/PELANDALE
AVENUE INTERCHANGE (“Third Amendment”).

E. On or about January 22, 2013, City and Consultant entered into a FOURTH AMENDMENT TO AGREEMENT FOR STATE ROUTE 99/PELANDALE
AVENUE INTERCHANGE (“Fourth Amendment”).

DocuSign Envelope ID: 828C6200-0409-40BC-AD0D-E5F885EA1895 #3..
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Sixth Amendment -2- City of Modesto
State Route 99/Pelandale Avenue Interchange
F. On or about April 2, 2019, City and Consultant entered into a FIFTH AMENDMENT TO AGREEMENT FOR STATE ROUTE 99/PELANDALE
AVENUE INTERCHANGE (“Fifth Amendment”).

G. Paragraph 9 “AMENDMENTS” of the Agreement states in part: “…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…” H. Paragraph 3 “COMPENSATION” of the Agreement states in part:
“…Consultant agrees to accept a sum not to exceed $3,011,832.00 as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit “A” and for performance by Consultant of all of its duties and obligations under this Agreement…”
I. On January 31, 2012, Consultant submitted to the City a budget augmentation for additional tasks requested by the City to be added to the Agreement for the completion of work related to acquisition of Right-of-Way to Reconstruct State Route 99/Pelandale Avenue Interchange, attached hereto as Exhibit “1” and incorporated herein by reference. Exhibit “1” identifies additional tasks to be performed by Consultant as well as Consultant’s costs for each additional task.

DocuSign Envelope ID: 828C6200-0409-40BC-AD0D-E5F885EA1895 #3..
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Sixth Amendment -3- City of Modesto
State Route 99/Pelandale Avenue Interchange
J. On December 10, 2012, Consultant submitted to the City a budget augmentation for additional tasks requested by the City to be added to the Agreement for the completion of work related to project phasing for State bond funding of the State Route 99/Pelandale Avenue Interchange, attached hereto as Exhibit “2” and incorporated herein by reference. Exhibit “2” identifies additional tasks to be performed by Consultant as well as Consultant’s costs for each additional task.

K. On February 5, 2019, Consultant submitted to the City a budget augmentation for additional tasks requested by the City to be added to the Agreement for the design and Caltrans Encroachment approval of the State Route 99/Pelandale Avenue Interchange Phase 2 Improvements, attached hereto as Exhibit “3” and incorporated herein by reference. Exhibit “3” identifies additional tasks to be performed by Consultant as well as Consultant’s costs for each additional task.

L. On November 8, 2021, Consultant submitted to the City a budget augmentation for additional tasks requested by the City to be added to the Agreement for design revisions due to alternate storm drainage basin requirements, as approved by Caltrans, for the State Route 99/Pelandale Avenue Interchange Phase 2 Improvements, attached hereto as Exhibit “4” and incorporated herein by reference. Exhibit “4” identifies additional tasks to be performed by Consultant as well as Consultant’s costs for each additional task.

DocuSign Envelope ID: 828C6200-0409-40BC-AD0D-E5F885EA1895 #3..
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Sixth Amendment -4- City of Modesto
State Route 99/Pelandale Avenue Interchange
M. The estimated additional tasks result in increased cost as follows:

1. THIRD AMENDMENT
i. Task 3 Right of Way Engineering; additional cost; $70,108 ii. Task 15 Right of Way Appraisal and Acquisition Services; additional cost; $267,892

2. FOURTH AMENDMENT
i. Task 15 Credit for Right of Way – Goodwill valuations; credited cost; ($45,000)
ii. Task 16 Revise Project for SR-99 Bond Schedule; additional cost; $54,000
iii. Task 17 Utilities; additional cost; $10,000

3. FIFTH AMENDMENT
i. Less Credit for Remaining Budget in Contract; credited cost ($67,859)
ii. Task 18 Phase 2 Project Management; additional cost; $22,819
iii. Task 19 Phase 2 Survey Services; additional cost; $9,006 iv. Task 20 Phase 2 Right of Way Acquisition Services:
additional cost; $91,053
v. Task 21 Phase 2 Utility Coordination and Potholing;
additional cost; $26,756
vi. Task 22 Phase 2 Draft Plan Submittal; additional cost; $47,126 DocuSign Envelope ID: 828C6200-0409-40BC-AD0D-E5F885EA1895 #3..
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Sixth Amendment -5- City of Modesto
State Route 99/Pelandale Avenue Interchange
vii. Task 23 Phase 2 Final Plans and Caltrans Approval; additional cost; $22,725
viii. Task 24 Phase 2 Special Provisions and Bid Book; additional cost; $12,125
ix. Task 25 Phase 2 Bid and Construction Support; additional cost; $8,021
x. Task 26 Phase 2 Environmental Memos; additional cost; $9,723

4. SIXTH AMENDMENT
i. Task 18.1.1 Additional Project Management with Alternate Basin Storage; additional cost; $4,819
ii. Task 20.2 Credit for Asbestos and Lead Containing Paint Survey; credited cost; ($6,653)
iii. Task 21.2.1 Additional Utility Coordination with Alternate Basin Storage; additional cost; $3,541
iv. Task 22.1.1 Revisions to 95% Plans with Alternate Basin Storage; additional cost; $7,598
v. Task 22.5.1 Prepare Revised Quantities and Estimate; additional cost; $3,283
vi. Task 23.1.1 Preparation of Response to Comments;
additional cost; $2,955
vii. Task 23.2.1 Additional Revisions to Final Plans; additional cost; $8,279
DocuSign Envelope ID: 828C6200-0409-40BC-AD0D-E5F885EA1895 #3..
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Sixth Amendment -6- City of Modesto
State Route 99/Pelandale Avenue Interchange
viii. Task 23.2.2 Revisions to Final Plans with Alternate Basin Storage; additional cost; $6,684
ix. Task 23.3.1 Draft Storm Water Data Report and Revisions with Alternate Basin Storage; additional cost; $8,601
x. Task 23.3.2 Alternative Basin Storage Calculations with Revisions to Drainage Report; additional cost; $11,418
xi. Task 23.3.3 Final Drainage Report with Revisions to Basin Storage; additional cost; $1,882
xii. Task 24.1.1 Prepare Special Provisions with Alternate Basin Storage; additional cost; $1,718
xiii. Task 26.1 Credit for Biology Update Memo; credited cost; ($300)
xiv. Task 26.2 ISA Update Memo; credited cost; ($4,920) N. The aforementioned estimated additional tasks increase the amount of the Agreement by a net of $655,260. The amounts listed above are the estimated level of effort for each task. In no case shall the total fee exceed the total contract amount under the Agreement and this Sixth Amendment without memorializing an additional written amendment to the Agreement signed by City and Consultant.

O. The parties to the Agreement and to this Sixth Amendment understand and agree that it is necessary to modify Paragraph 1 of the Agreement entitled “SCOPE OF SERVICES”.

DocuSign Envelope ID: 828C6200-0409-40BC-AD0D-E5F885EA1895 #3..
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Sixth Amendment -7- City of Modesto
State Route 99/Pelandale Avenue Interchange
P. The parties to the Agreement and to this Sixth Amendment understand and agree that it is necessary to modify Paragraph 3 of the Agreement entitled “COMPENSATION”.

NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein, the parties mutually agree as follows:

1. The recitals and exhibits set forth above and as set forth in the Agreement, First, Second, Third, Fourth, and Fifth Amendments are incorporated by this reference and hereby made a part of this Sixth Amendment.

2. Except as provided herein, the terms used in this Sixth Amendment shall have the same meaning as the same terms have in the Agreement, the First Second, Third, Fourth, and Fifth Amendments.

3. Unless expressly amended by this Sixth Amendment, all the terms and provisions of the Agreement, First, Second, Third, Fourth, and Fifth Amendments shall remain in full force and effect.

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

1. SCOPE OF SERVICES.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to this Agreement and referred to herein as Exhibit “A” or “Project”. In addition, Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the DocuSign Envelope ID: 828C6200-0409-40BC-AD0D-E5F885EA1895 #3..
- 319 -
Sixth Amendment -8- City of Modesto
State Route 99/Pelandale Avenue Interchange
Third, Fourth, Fifth, and Sixth Amendments to Agreement For State Route 99/Pelandale Avenue Interchange and referred to therein as Exhibits “1”, “2”, “3”, and “4”. The Consultant shall perform the services as described in said Exhibit “A”, Exhibit “1”, Exhibit “2”, Exhibit “3”, and Exhibit “4” in a manner compatible with the standards of its profession and shall produce a fully complete project as described in Exhibit “A”, Exhibit “1”, Exhibit “2”, Exhibit “3”, and Exhibit “4” acceptable to City.

5. Paragraph 3 of the Agreement entitled “COMPENSATION” shall be deleted and the parties agree to and hereby do substitute the following in its place:

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed THREE

MILLION FIVE HUNDRED NINETY-NINE THOUSAND TWO
HUNDRED THIRTY-THREE AND 00/100 DOLLARS
($3,599,233.00) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit “A” to this Agreement, Exhibit “1” to the Third Amendment, Exhibit “2” to the Fourth Amendment, Exhibit “3” to the Fifth Amendment, and Exhibit “4” to the Sixth Amendment to Agreement for State Route 99/Pelandale Avenue Interchange, as well as for performance by Consultant of all duties and obligations under this Agreement, the Third Amendment, the Fourth Amendment, the Fifth Amendment, and the Sixth Amendment to Agreement for State Route 99/Pelandale Avenue Interchange.

DocuSign Envelope ID: 828C6200-0409-40BC-AD0D-E5F885EA1895 #3..
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Sixth Amendment -9- City of Modesto
State Route 99/Pelandale Avenue Interchange
The compensation shall be paid pursuant to and in the
manner and at the time set forth below:

Professional services received by the City under this
Agreement and the First, Second, Third, Fourth, Fifth, and Sixth Amendments to Agreement for State Route 99/Pelandale Avenue Interchange shall be paid for on a “cost-plus-fixed-fee” basis, as called for in Exhibit “A” of this Agreement, Exhibit “1” of the Third Amendment, Exhibit “2” of the Fourth Amendment, Exhibit “3” of the Fifth Amendment, and Exhibit “4” of the Sixth Amendment to Agreement for State Route 99/Pelandale Avenue Interchange. Consultant shall prepare and City agrees to pay Consultant for monthly billings, which include detailed tasks, hours worked, and billable rates for work completed.

The City shall reimburse the Consultant for actual costs incurred by the Consultant in performance of the work called for in Exhibit “A” of this Agreement, Exhibit “1” of the Third Amendment, Exhibit “2” of the Fourth Amendment, Exhibit “3” of the Fifth Amendment, and Exhibit “4” of the Sixth Amendment to Agreement for State Route 99/Pelandale Avenue Interchange on the monthly billings, which include detailed receipts for actual costs paid by Consultant in the interest of the project.

In addition to the allowable incurred costs, the City will pay the consultant a fixed fee of $181,495. The fixed fee is nonadjustable DocuSign Envelope ID: 828C6200-0409-40BC-AD0D-E5F885EA1895 #3..
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Sixth Amendment -10- City of Modesto
State Route 99/Pelandale Avenue Interchange
for the term of the contract, except in the event of a significant change in the scope of work and such adjustment is made by contract amendment.

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

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Sixth Amendment in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2021-________, adopted by the Council of the City of Modesto on the 7th day of December, 2021, and DOKKEN ENGINEERING, has caused this Sixth Amendment to be duly executed in duplicate.
(Signatures on next page)
11/10/2021 Approved by A. Mog
DocuSign Envelope ID: 828C6200-0409-40BC-AD0D-E5F885EA1895 459
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________
DANA SANCHEZ, Interim City Clerk

CONSULTANT,
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:

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

BY: ____________________________
CHRISTINA D. ALGER
Director of Human Resources (Risk)
Consultant’s Federal ID # ___________
* Corporations - signature of two (2) officers
required or one (1) officer plus corporate seal.

Partnership - signature of a partner required Sole
Proprietorship - signature of proprietor
required
DocuSign Envelope ID: 828C6200-0409-40BC-AD0D-E5F885EA1895

DOKKEN ENGINEERING
Vice President
68-0099664
Matt Griggs
Secretary Cathy Chan
12/16/2021
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110 Blue Ravine Rd, Suite 200, Folsom, CA 95630-4713 • Tel: 916.858.0642 • Fax: 916.858.0643 • www.dokkenengineering.com November 8, 2021
Ms. Sandeep Sandhu
Associate Engineer
City of Modesto
1010 Tenth Street, Suite 4600
Modesto, CA 95354
RE: State Route 99/Pelandale Avenue Interchange
Request for Sixth Amendment
Dear Ms. Sandhu:

The purpose of this letter is to request a sixth amendment to the existing State Route 99/Pelandale Avenue Interchange Design Contract between the City of Modesto and Dokken Engineering related to design revisions needed after completion of 95% design to reduce the right of way impacts to the Carls Jr restaurant. The design concept revisions include changing the storm water basin design criteria to reduce the storage requirements for Caltrans stormwater and design modifications to the roadway width, utility relocations, striping and lane configurations on Pelandale Avenue and Sisk Road resulting in reduced right of way requirements from the Carls Jr.

The proposed additional scope of services are described in more detail on the attached Exhibit 4, Scope of Services by task. The cost associated with each task is broken down also in Exhibit 4, Cost Proposal. The existing contract amount, previously approved Amendments and the contract total with this request for Sixth Amendment are shown in the following table.

ITEM TOTAL AMOUNT
Original Contract $3,011,832
Amendment #1 $0
Amendment #2 $0
Amendment #3 $338,000
Amendment #4 $19,000
Amendment #5 $181,495
Amendment #6 $48,906
CONTRACT TOTAL $3,599,233
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110 Blue Ravine Rd, Suite 200, Folsom, CA 95630-4713 • Tel: 916.858.0642 • Fax: 916.858.0643 • www.dokkenengineering.com Dokken Engineering appreciates the City’s continued trust in us as we work to deliver this important project. Please contact me at (916) 858‐0642 if additional information is needed.

Sincerely,

DOKKEN ENGINEERING
Matthew N. Griggs, P.E.

Project Manager
Attachments:

Exhibit 4
o Scope of Services
o Cost Proposal
File 2432‐052

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STATE ROUTE 99/PELANDALE AVENUE INTERCHANGE
Sixth Amendment, Phase 2 – Page 1
CONTRACT AMENDMENT #6 PHASE 2 SCOPE
REVISED 11/4/2021
EXHIBIT 4, SCOPE OF SERVICES
The following Scope of Services is a sixth Amendment for Phase 2 to support design revision concepts and implementation for Caltrans approval. The purpose of the Design Concept Revisions will be to complete the City’s Phase 2 Project obligations without requiring the relocation of Carls Jr. The Caltrans drainage basins (#1‐#5) were approved with a reduced storm safety factor by Caltrans Hydraulics, allowing the Phase 1 basin configuration to remain. The need for a full acquisition was eliminated, and modifications to the intersection reduce the sliver acquisition even further.

The design concept revisions include changing the storm water basin design criteria to reduce the storage requirements for Caltrans stormwater, introduction of a left turn pocket to Carl’s Jr, and modifications to the striping and lane configurations on Sisk Road and Pelandale Avenue Intersection. The implementation of the design services includes:
1) Partial right of way acquisition of the Carl’s Jr. Parcel (APN 135‐029‐022), 2) intersection drainage improvements, 3) traffic signal modifications, 4) possible relocation of shallow in‐road utilities, 5) modifications to the widening of Pelandale Avenue for a right turn lane 6) revisions to signing and striping on each intersection leg, 7) updating the Storm Water Data Report, 8) Drainage report investigation, submittal, and reviews.

This scope of services assumes a Caltrans Encroachment Permit will be required for construction due to modifications on the west leg of the intersection extending into the State’s access control limits.

TASK 18 – PHASE 2 PROJECT MANAGEMENT

18.1.1 Additional Project Management with Alternate Basin Storage This task includes project management duties including meetings, progress reports and management of the team for the revised scope of the Phase 2 Project. While this is a relatively minor design project, it still requires significant management duties to manage the revised strategy and gain approval.

TASK 20 – PHASE 2 RIGHT OF WAY ACQUISITION SERVICES
Bender Rosenthal, Inc confirms remaining dollars are sufficient for the revised concept and remaining right way process.

20.2 Asbestos and Lead‐Containing Paint Survey
Scope of services included GeoCon to perform an asbestos‐containing material (ACM) and lead‐containing paint (LCP) survey at the Carl’s Jr. site. The Carl’s Jr. building will not be demolished with revised concept. Funds will be reallocated to new scope of services.

GeoCon will perform an asbestos‐containing materials (ACM) and lead‐containing paint (LCP) survey at Carl’s Jr. site. This includes:
 Collecting up to 45 bulk samples for asbestos analysis by polarized light microscopy (PLM);  Analyzing up to 4 bulk asbestos samples, if necessary, using PLM point counting (400); #3..
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STATE ROUTE 99/PELANDALE AVENUE INTERCHANGE
Sixth Amendment, Phase 2 – Page 2
 Collecting up to 6 bulk paint samples for total lead analysis;  Analyzing up to 4 paint samples, if necessary, for soluble lead analysis; and  Preparing a report summarizing the survey and bulk sampling results.

Representative bulk samples of suspect ACM will be collected and submitted using standard chain‐of‐ custody documentation to a laboratory accredited under the National Voluntary Laboratory Accreditation Plan (NVLAP) for the analysis of asbestos in bulk material samples. Samples will be tested using PLM according to the EPA‐recommended method. Results of analyses will be presented as estimated percentages of asbestos by type (e.g., amosite, chrysotile, crocidolite).

Representative paint samples of suspect LCP will be collected and submitted using standard chain‐of‐ custody documentation to a laboratory accredited by the DPH for lead analysis. It is not Geocon’s intent during this inspection to conduct an evaluation of lead‐based paint hazards in accordance with HUD guidelines. The samples will be analyzed for soluble and/or total lead content using EPA‐recommended methodologies.

The report will summarize the survey and bulk sampling results.

TASK 21 – PHASE 2 UTILITY COORDINATION

21.1.1 Additional Utility Coordination with Alternate Basin Storage Dokken will update the utility coordination from abandonment to potential relocation of any shallow facilities or facilities in conflict with proposed improvements. Utility owners include City of Modesto, PG&E, AT&T, Comcast, and MID. Utility coordination will continue to follow the standard process of notification, identification and notice of conflicts, and notices to owners to relocate (if necessary).

TASK 22 – PHASE 2 DRAFT PLAN SUBMITTAL

22.1.1 Revisions to 95% Plans with Alternate Basin Storage Dokken will prepare draft plans for the revised concept. The draft plans will be complete, intended for review by the City prior to 95% submittal to Caltrans District 10. The plans will be modified to address the City comments and submitted with the encroachment permit application to Caltrans. The plans will be prepared in Caltrans Standard format, similar to those prepared for the Phase 1 project. Quantities and an estimate for programming will be prepared based on these plans in Task 22.5.1 below.

No planting or irrigation are anticipated.

22.5.1 Prepare Revised Quantities and Estimate
Dokken will adjust the item list, quantities and Engineer’s Estimate based on the revised concept. The quantities and estimate will be updated with each submittal.

TASK 23 – PHASE 2 FINAL PLANS AND CALTRANS APPROVAL
The final plans include revisions necessary to the design, plans and quantities to obtain approval from the City and an approved encroachment permit from Caltrans. #3..
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STATE ROUTE 99/PELANDALE AVENUE INTERCHANGE
Sixth Amendment, Phase 2 – Page 3

23.1.1 Preparation of Response to Comments
Upon receipt of comments from Caltrans on the resubmittal of the 95% (and from the City), Dokken will prepare responses and make revisions necessary to the design, plans and quantities.

23.2.1 Additional Revisions to Final Plans
Included in the 95% submittal (June 2021) was a drainage analysis and drainage report focusing on Basin #3.

The analysis and report required more research of Phase 1 details and grading analysis than anticipated.

Response to comments from Caltrans on the draft submittal took more analyzing and describing than originally expected, also.

23.2.2 Revisions to Final Plans with Alternate Basin Storage Dokken will make revisions necessary to the design, plans and quantities to obtain approval from the City and an approved encroachment permit from Caltrans.

23.3.1 Draft Storm Water Data Report and Revisions with Alternative Basin Storage Caltrans has required the SWDR from the Phase 1 project be revised to the new required Department template. The existing SWDR was approved in 2012; however, the format has undergone a major revision since that time. Dokken will take the SWDR from the Phase 1 Project and revise it to address the phase 2 project specifically. The format will be updated to the new template and will include the information needed to meet all the requirements stated in the Caltrans PPDG. Dokken will revise the SWDR for the new concept, assuming a Short Form will be allowed, Caltrans confirmed.

23.3.2 Alternative Basin Storage Calculations with Revisions to Drainage Report Dokken will perform analysis and calculations for Caltrans drainage basins (#1‐#5) to reduce the storm safety factor, allowing the Phase 1 basin configuration to remain. Dokken will coordinate with Caltrans Hydraulics to format the Drainage Report in a manner that Caltrans Hydraulics can approve the reduce safety factor.

Dokken will work with the City on design concepts that relate to the intersection directly effected by the basin configuration.

23.3.3 Final Drainage Report with Revisions to Basin Storage Dokken will finalize the Drainage Report to meet Caltrans Hydraulics requests for the approved storm safety factor.

TASK 24 – PHASE 2 SPECIAL PROVISIONS AND BID BOOK

24.1.1 Prepare Special Provisions with Alternate Basin Storage Dokken will update the special provisions for the revised concept, continuing to use Caltrans 2018 Standard Specifications and Special Provisions. The special provisions will be modified as appropriate to meet City standards and requirements for local streets and utility work. The special provisions will be prepared, signed, and stamped by a Professional Engineer registered in the State of California.

TASK 26 – PHASE 2 ENVIRONMENTAL REVALIDATION MEMOS
Scope of services included environmental efforts related to biology and hazardous materials to support Caltrans completion of an environmental revalidation for the Phase 2 project. Hazardous materials will not #3..
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STATE ROUTE 99/PELANDALE AVENUE INTERCHANGE
Sixth Amendment, Phase 2 – Page 4
change from Phase 1, as the Carl’s Jr. site will no longer be demolished.

26.1 Biology Update Memo
Dokken has reviewed the latest species lists and prepared a new memorandum to clarify and explain that no new species have been listed that affect the Phase 2 work. Dokken will update the Paleontology Mitigation Plan to reflect the Phase 2 Project per Caltrans’ request.

26.2 ISA Update Memo
Dokken will obtain the latest records to confirm the ISA is still valid for the Carl’s Jr property. If new records are found, Dokken will update and reissue the ISA. Updates to any ISA requires a site inspection, which is included in this scope of work.

END OF SCOPE
#3..
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CITY OF MODESTO
Sixth Amendment, Phase 2 Cost Proposal
Revised 11/4/21

MATT GRIGGS, PE
Project Manager

AMANDA KONIECZKA, PE
Project Engineer

JOE OSTDIEK, PE, TE
Senior Engineer
STAFF
Senior Engineer

RICHARD SANDERS, PE
Associate Engineer

EDWARDO SIMONSEN, PE
Associate Engineer

DANIEL YUN
Assistant Engineer

TIM CHAMBERLAIN
Senior Environmental Planner
STAFF
Environmental Planner
Jim Brake
Senior Geo/Eng/Sci
Chris Giuntoli
Senior Project Geo/Eng/SCi
Dirk Hansen
Draftsman
Christina Boeschen
Word Processing
$249 $152 $182 $185 $129 $150 $97 $152 $111 $187 $122 $125 $83 TASK 18 PHASE 2 PROJECT MANAGEMENT 12 12 24 $4,819 24 $4,81918.1.1 Additional Project Management with Alternate Basin Storage 12 12 24 $4,819 24 $4,819TASK 20 PHASE 2 RIGHT OF WAY ACQUISITION SERVICES -2 -6 -8 -$1,413 -2 -24 -2 -2 -30 -$1,525 -$5,240 -38 -$1,525 -$6,653

20.2 Asbestos and Lead-Containing Paint Survey -2 -6 -8 -$1,413 -2 -24 -2 -2 -30 -$1,525 -$5,240 -38 -$1,525 -$6,653 TASK 21 PHASE 2 UTILITY COORDINATION 8 24 32 $3,541 32 $3,54121.2.1 Additional Utility Coordination with Alternate Basin Storage 8 24 32 $3,541 32 $3,541TASK 22 PHASE 2 DRAFT PLAN SUBMITTAL 12 4 4 16 56 92 $10,882 92 $10,882

22.1.1 Revisions to 95% Plans with Alternate Basin Storage 4 4 16 40 64 $7,598 64 $7,598

22.5.1 Prepare Revised Quantities and Estimate 8 4 16 28 $3,283 28 $3,283TASK 23 PHASE 2 FINAL PLANS AND CALTRANS APPROVAL 12 88 14 16 191 321 $39,819 321 $39,819

23.1.1 Preparation of Response to Comments 8 2 4 8 22 $2,955 22 $2,95523.2.1 Additional Revisions to Final Plans 2 16 8 4 34 64 $8,279 64 $8,27923.2.2 Revisions to Final Plans with Alternate Basin Storage 16 4 8 24 52 $6,684 52 $6,684

23.3.1 Draft Storm Water Data Report and Revisions with Alternative Basin Storage 2 10 68 80 $8,601 80 $8,60123.3.2 Alternative Basin Storage Calculations with Revisions to Drainage Report 6 34 49 89 $11,418 89 $11,418

23.3.3 Final Drainage Report with Revisions to Basin Storage 2 4 8 14 $1,882 14 $1,882TASK 24 PHASE 2 SPECIAL PROVISIONS AND BID BOOK 2 8 10 $1,718 10 $1,71824.1.1 Prepare Special Provisions with Alternate Basin Storage 2 8 10 $1,718 10 $1,718TASK 26 PHASE 2 ENVIRONMENTAL MEMOS -4 -36 -40 -$600 -$5,220 -40 -$600 -$5,22026.1 Biology Update Memo -$300 -$300 -$300 -$300

26.2 ISA Update Memo -4 -36 -40 -$300 -$4,920 -40 -$300 -$4,920 TOTAL HOURS 24 122 18 4 32 271 -4 -36 431 -2 -24 -2 -2 -30 401 TOTAL COST $5,980 $18,597 $3,272 $516 $4,784 $26,216 -$610 -$4,010 -$600 $54,146 -$375 -$2,924 -$250 -$166 -$1,525 -$5,240 -$2,125 $48,906 TOTAL
HOURS
Exhibit 4, Cost Proposal
Task Description TOTAL COST

DOKKEN ENGINEERING
OTHER
DIRECT

TOTAL COST COSTS
OTHER
DIRECT
COSTS
TOTAL
HOURS
Geocon Consultants, Inc.

TOTAL
HOURS
OTHER
DIRECT
COSTS

TOTAL COST
#3..
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

March 6, 2023
Date: January 26, 2023
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice Chair
Eric Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Accept Closeout of Airport Layout Plan Grant No. 3-06-0153-041-2017 CONTACT: Gabe da Silva, Airport Manager, [email protected] 209-577-5319 DESCRIPTION:

Consider accepting the Airport Layout Plan Grant as complete and authorizing all necessary steps to file with the County Clerk Recorder and forwarding to Council for approval. (Funding Source: Federal Aviation Administration Grant Funds 90%, with City Local Match of 10% Stanislaus County Aircraft Tax Funds).

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:

The Modesto City-County Airport (Airport) is a federally obligated facility and is required to meet Federal Aviation Administration (FAA) standards. Federal Aviation Regulations Part 77 – Safe, Efficient Use, and Preservation of the Navigable Airspace1 requires the Airport to comply with obstruction standards. One component of the Airport Layout Plan Update (ALPU) is to perform an obstruction survey to identify property(s) that contain obstructions to airspace for potential acquisition, enabling control of land use to remove obstructions to airspace, mainly trees. Other components of the ALPU include aviation forecasts, land use planning, new digital Geographic Information System data and aerial survey to meet new FAA standards for an Electronic Airport Layout Plan.
1 Code of Federal Regulations Part 77 - https://www.ecfr.gov/current/title-14/chapter-I/subchapter-E/part-77 #4..
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Economic Development Committee, March 6, 2023
Accept Closeout of Airport Layout Plan Grant No. 3-06-0153-041-2017

Page 2 of 3 ends

This project is part of the five-year Airport Capital Improvement Program (ACIP) approved by City Council Resolution No. 2016-59 and submitted to the FAA. The FAA uses this five-year ACIP to prioritize projects annually based on FAA policy and guidance and to program funding.

On February 12, 2017, by Resolution No. 2017-353, Council accepted an FAA grant offer in an amount not to exceed $350,000 for the Airport Layout Plan Update at the Modesto City-County Airport.

DISCUSSION:

The Airport is classified as a Regional Airport, as designated in the National Plan of Integrated Airport Systems (NPIAS) and is eligible for FAA Airport Improvement Program (AIP) funding for projects that require compliance with Regional Airport Standards. The Airport has accepted an FAA Grant for Airport Improvement Project 3-06-0153-041-2017 (AIP 41) in the amount not to exceed $350,000. These grant funds were used to fund the ALPU.

The ALP is now complete, and the Airport can begin to update the Airport Capital Improvement Plan based on this project’s completion. There were no change orders associated with the project, and the project was completed within appropriate FAA program timelines. Due to the length of this project FAA design standards changed. After the Master Plan narrative report was prepared and approved, the Airport and FAA worked together to revise the drawing set for the future configuration/layout of the airfield to meet all airport design standards thus creating a few inconsistencies between the narrative report and the drawing set. As indicated by the FAA within their attached letter any inconsistencies between the narrative report and the ALP drawings sets, “The Airport Layout Plan Drawings set controls/supersedes.” The final invoicing is complete and retainage to Stantec has been released.

FISCAL IMPACT:

The closing of this project does not have a fiscal impact on the City’s General Fund. The total cost of this project was $344,198.53, of which 90% ($309,777) was funded by an FAA grant, and the local match of % ($34,421.53) was funded using the County Aircraft Tax Fund. The project came in under the not to exceed amount of $350,000. The remaining FAA funds were not drawn down and will remain with the FAA; and the remainder of the City funds remain in the County Aircraft tax fund.

ALPU (AIP 41) Account Number Breakdown
FAA Grant 90%
Special Aviation Fund, Intergov – Federal
Aviation Administration (4320-42010) $309,777
Local Match 10% Stanislaus County Aircraft Tax Fund
(4330-74320) $34,421.53
TOTAL ALPU (AIP 41) $344,198.53
#4..
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Economic Development Committee, March 6, 2023
Accept Closeout of Airport Layout Plan Grant No. 3-06-0153-041-2017

Page 3 of 3 ends

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion approving the completion of FAA Airport Layout Plan Grant No. 3-06-0153-041-2017; authorizing all necessary steps to file with the County Clerk Recorder and forwarding to Council for approval.

Approved by:

Bill Sandhu, Director of Public Works
Joseph P. Lopez, City Manager
Attachment:

1. FAA Conditional Approval of Airport Layout Plan Letter #4..
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U.S Department
of Transportation
Federal Aviation
Administration
Western-Pacific Region
San Francisco Airports District Office
1000 Marina Boulevard, Suite 115
Brisbane, California 94005
November 9, 2022

VIA EMAIL
Mr. Gabe da Silva
Airport Manager
City of Modesto Public Works
Modesto City–County Airport
617 Airport Way
Modesto, CA 95354-3916
Dear Mr. da Silva,
RE: Federal Aviation Administration (FAA) Conditional Approval of Airport Layout Plan (ALP) for the Modesto City–County Airport (MOD); AIP No. 3-06-0153-041-2017; Airspace Case Study No. 2020-AWP-3156-NRA
The San Francisco Airports District Office has completed the final review of the Modesto City– County Airport’s updated Airport Layout Plan (ALP). Accordingly, a Conditional Approval is issued for the subject ALP prepared by Stantec Consulting Services, Inc. and bearing your signature as of September 21, 2022. A signed copy of the approved ALP is enclosed. This ALP is approved with the following conditions:
- The length of Runway 10L/28R as shown on the ALP is longer than what is required for the existing and future critical aircraft per the narrative report (i.e., Master Plan Update).

Prior to the FAA participating in a runway or parallel/connector taxiway project, the runway length will need to be re-analyzed, justified, and coordinated with all FAA Lines of Business.
- Runway 10R/28L is an additional runway per the AIP Handbook given the number annual operations noted in Chapter 3 (Forecasts of Aviation Activity) of the narrative report, which is around 50,000 for the entire airport (i.e., both runways). The entire airport would need to have around 117,000 annual operations in order for Runway 10R/28L to be a secondary runway.

In addition, the narrative report (i.e., Master Plan Update) associated with the ALP is accepted subject to the following condition:
- Adding the following disclaimer/statement to the report in a prevalent location: “After preparation of this Master Plan Update, the airport/MOD and FAA worked together to revise the future configuration/layout of the airfield to meet all airport design standards (in FAA Advisory Circular 150/5300-13A). Therefore, some portions of Chapter 5 (Alternatives Analysis) and Chapter 6 (ALP Overview) are inconsistent with the final/ultimate version of the Airport Layout Plan Drawing Set; where there is such an inconsistency, the Airport Layout Plan Drawing Set controls/supersedes.” #4..
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An aeronautical study, Airspace Case Study No. 2020-AWP-3156-NRA, was conducted on the proposed development. This determination does not constitute FAA approval or disapproval of the physical development involved in the proposal. It is a determination with respect to the safe and efficient use of navigable airspace by aircraft and with respect to the safety of persons and property on the ground.

In making this determination, the FAA has considered matters such as the effects the proposal would have on existing or planned traffic patterns of neighboring airports, the effects it would have on the existing airspace structure and projected programs of the FAA, the effects it would have on the safety of persons and property on the ground, and the effects that existing or proposed manmade objects (on file with the FAA), and known natural objects within the affected area would have on the airport proposal.

The FAA has only limited means to prevent the construction of structures near an airport. The airport sponsor has the primary responsibility to protect the airport environs through such means as local zoning ordinances, property acquisition, avigation easements, letters of agreement, or other means.

This ALP approval is conditioned on acknowledgement that any development on airport property requiring Federal environmental approval must receive such written approval from FAA prior to commencement of the subject development. This ALP approval is also conditioned on acceptance of the plan under local land use laws. We encourage appropriate agencies to adopt land use and height restrictive zoning based on the plan.

Approval of the plan does not indicate that the United States will participate in the cost of any development proposed. AIP funding requires evidence of eligibility and justification at the time a funding request is ripe for consideration. When construction of any proposed structure or development indicated on the plan is undertaken, such construction requires normal 45-day advance notification to FAA for review in accordance with applicable Federal Aviation Regulations (i.e., Parts 77, 157, 152, etc.). More notice is generally beneficial to ensure that all statutory, regulatory, technical, and operational issues can be addressed in a timely manner.

The FAA Reauthorization Act of 2018, section 163(d), has limited the FAA’s review and approval authority for ALPs. The Act limits the FAA’s authority to those portions of the ALP that:
• Materially impact the safe and efficient operation of aircraft at, to, or from the airport; • Adversely affect the safety of people or property on the ground adjacent to the airport as a result of aircraft operations; or
• Adversely affect the value of prior Federal investments to a significant extent.

The FAA’s approval of this ALP is limited to existing facilities only for which the FAA retains approval authority. The FAA has not made a determination on whether or not it retains review and approval authority for any proposed facilities depicted on the ALP associated with this letter (unless otherwise noted). Under Title 49 of the United States Code, section 47107(a)(16) (as revised per section 163(d) of Public Law 115-254), FAA will determine whether it retains approval authority for ALP changes reflecting future facilities when such facilities are ripe for consideration (when such facilities are intended to be built), and such approval, if required, must be granted before construction occurs.

Although section 163(d) has limited the FAA’s review and approval authority of proposed projects depicted on an ALP, airport sponsors must continue to maintain an up-to-date ALP in accordance with Federal law, Title 49 of the United States Code, section 47107(a)(16). #4..
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Please attach this letter to the FAA-approved Airport Layout Plan and retain it for your records.

We wish you great success in your plans for the development of the airport. If you have any questions, please contact Bob Zimmerer, Community Planner, via email at [email protected].

Sincerely,
Amy Choi
Assistant Manager, San Francisco Airports District Office Enclosure: FAA Conditionally Approved ALP for the Modesto City–County Airport #4..
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

March 6, 2023
February 14, 2023
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
Eric Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Upcoming La Loma Sewer Replacement Phase 1 Construction Project CONTACT: Cristian Ciotau, Senior Civil Engineer, [email protected], 209-577-5260 DESCRIPTION:

Consider accepting a report on the upcoming La Loma Sewer Replacement Phase 1 Project planned for bidding and construction.
(Funding Source: Wastewater Fund)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

In 2016, the Wastewater Engineer’s Report was approved to provide a basis for establishing wastewater related charges, fees and identified needed Wastewater Capital Improvement Program (CIP) Projects.

In 2021, the updated Wastewater Engineer’s Report included the rehabilitation of the existing sewer lines in the La Loma Avenue area. Phase 1, identified as project “LL-1”, in Area 4 of the La Loma Sewer Project is bounded by Downey Avenue to the North, North Morton Boulevard to the East, Jennie Street to the South and Burney Street to the West.

DISCUSSION:

In the La Loma Phase 1 area, there are old, deficient sewer lines which are undersized and, in some areas, do not meet the self-cleaning velocity City standard minimum slope of two feet per second; This project will upsize approximately 7,400 linear feet of sewer lines and will address the existing slope issues, bringing it in compliance with current City standards. #5..
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Economic Development Committee, March 6, 2023
Upcoming La Loma Sewer Replacement Phase 1 Construction Project

Page 2 of 2 ends

In addition to the gravity lines, new laterals will also be installed in various location throughout the neighborhood along with a six-inch sewer force main to reroute and replace the existing old line. As a result of the new alignments, new manholes will also be necessary.

This project will also construct new concrete ramps and provide for street paving where needed.

FISCAL IMPACT:

The following CIP Project has been created in the Wastewater Fund to track the expenses associated with this effort:
100916 – La Loma Sewer
ANTICIPATED CONSTRUCTION EXPENDITURES:

Construction $5,000,000
Construction Contingency (12%) $600,000
Construction Administration – City Staff (10%) $500,000 Engineering/Design/Administration – City Staff $150,000 TOTAL: $6,250,000
CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through a Categorical Exemption under CEQA Section 15301 (Ex. Facilities) Class1, (b).

STAFF RECOMMENDATION:

Motion accepting a report on the upcoming La Loma Sewer Replacement Phase 1 Construction Project planned for bidding and construction.

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
#5..
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

March 06, 2023

Date: February 8, 2023
TO: Economic Development Committee
Sue Zwhalen, Chair
Chris Ricci, Vice-Chair
Eric Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Stormwater Program Management and Regulatory Compliance Services CONTACT: Jason Farnsworth, Wastewater Division Manager, [email protected], 209-577-6255
DESCRIPTION:

Consider approving an Agreement with Larry Walker Associates (LWA) for the Monitoring and Management of the City of Modesto’s Stormwater Permit, not to exceed $1,100,000 over five years, and forwarding to Council for approval. (Funding Source: Storm Drainage Fund) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The City of Modesto’s stormwater system is regulated under a National Pollutant Discharge Elimination System (NPDES) permit. The NPDES permit is mandated by the Federal Clean Water Act and administered in California by the State Water Resource Control Board (SWRCB) and the Central Valley Regional Water Quality Control Board (CVRWQCB) on behalf of the United Stated Environmental Protection Agency (USEPA).

The Regionwide NPDES Phase I Permit (Phase I permit) that regulates the City of Modesto’s stormwater system is unique to the water quality needs and challenges of the Central Valley. All regional municipalities serving a population greater than 100,000 are designated under the Phase I permit and are held to the same NPDES permit requirements1 of the region. 1 Central Valley Regional NPDES Phase 1 Permit holders include: the Sacramento area municipalities including City of Sacramento and City of West Sacramento (Sacramento regional group), The City of Stockton and San Joaquin County (Stockton regional group), and the City of Modesto. #6..
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Economic Development Committee, March 06, 2023
Stormwater Program Management and Regulatory Compliance Services

Page 2 of 3 ends

In 2016, LWA was integral in establishing the current framework of the Phase I permit renewal process. LWA facilitated the NPDES Phase I permit development with both the CVRWQCB and the Regional Permit holders. The current Phase I permit was adopted June 23, 2016 and went into effect on October 01, 2016.

The City of Modesto is required to comply with the Phase I permit issued by the CVRWQCB.

The City of Modesto’s Utilities Department - Wastewater Division is responsible for ensuring the City’s compliance with the stormwater NPDES permit, which include: permit mandated programs and activities; storm drain collection system inspection, maintenance, and repair; catch basin inspection and cleaning; storm water pump station repair, maintenance, and rehabilitation; pollution prevention public outreach; monitoring of urban discharge and receiving waters; and response to community concerns as they relate to the storm water systems within the City of Modesto. The City submitted a Notice of Intent on July 12, 2016, and was issued the current Central Valley Regional NPDES Phase I permit on October 27, 2016.

DISCUSSION:

It was recently determined the City is out of compliance with the current NPDES permit and requires professional services from a firm with a high level of knowledge on the Central Valley’s Regional Stormwater NPDES Phase I permit.

LWA is uniquely qualified to provide Professional Services to the City of Modesto concerning the Stormwater NPDES permit.

On October 08, 2020, the City of Stockton advertised a Request for Proposal, RFP PUR 20- 031, for Stormwater Program Management and Monitoring Services. On November 12, 2020 the City of Stockton received one proposal, submitted by LWA. The proposal was evaluated and ranked by the Municipal Utilities Department.

LWA was awarded the resulting Contract through the City of Stockton’s competitive bid process.

Therefore, the City of Modesto Wastewater Division would utilize LWA to monitor and manage the current Phase I permit as well as future changes incorporated into the stormwater NPDES permit due to LWA’s unique technical expertise necessary to supporting the City of Modesto with maintaining permit compliance.

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.” MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California and other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served. In addition, MMC 8-3.204(a) exempts contracts for professional services from the otherwise required formal bidding process.

FISCAL IMPACT:

The Storm Drain Fund currently holds sufficient funding for the remainder of Fiscal Year 22/23 and additional funds have been incorporated into the Fiscal Year 23/24 budget to cover all costs related to the Stormwater NPDES Permit Management.
#6..
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Economic Development Committee, March 06, 2023
Stormwater Program Management and Regulatory Compliance Services

Page 3 of 3 ends

Charge Account: 4480-44111-53300
(Storm Drainage Fund–Stormwater Compliance–Professional Services) The City will meet on an annual basis with LWA to determine the necessary requirements associated with the current permit year and develop a task list and Scope of Work as well as receive a quote from LWA for those assignments. This will allow for the City to monitor and track spending limits for each contractual year.

The estimated annual spend for the monitoring and management of the City’s stormwater NPDES permit by LWA is shown below. This amount includes a 10% contingency that may be approved by the City Manager in the event additional services are required.

LWA Projected 5-Year Cost
YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 TOTAL
$200,000 $200,000 $200,000 $200,000 $200,000 $1,000,000 Projected Cost with Contingency
Contingency % Contingency Total w/ Contingency
10% $100,000 $1,100,000
RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion approving an Agreement with Larry Walker Associates, by utilizing the Competitive Bid Process with City of Stockton, for the Monitoring and Management of the City of Modesto’s Stormwater Permit, for an annual estimated cost of $200,000 and a total amount not to exceed $1,100,000 over five (5) years; and forwarding to Council for approval.

Approved by:

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

1. Consultant Agreement

2. Exhibit A – Scope of Work

3. Exhibit B – Billable Rate Schedule

4. Financial Interest Disclosure
#6..
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1 STANDARD CONSULTANT AGREEMENT NO. 240507

FOR STORMWATER PROGRAM MANAGEMENT AND REGULATORY COMPLIANCE

SERVICES, LARRY WALKER ASSOCIATES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this _________ day of , 2023, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and Larry Walker Associates, a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined Stormwater Program Management and Regulatory Compliance Services should be provided in support of the Stormwater National Pollutant Discharge Elimination System (NPDES) permit for the City of Modesto, Utilities Department, Wastewater Division.

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

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

1. SCOPE OF SERVICES.

Consultant shall undertake and complete the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "Project".

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and shall be for a period of up to five (5) years, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

Price increases for hourly rates may be adjusted each fiscal year (starting July 1) based on a minimum of the Producer Price Index (PPI) as published by the Bureau of Labor Statistics: Industry Data for Engineering Services (Series ID PCU54133-54133) in any one (1) fiscal year and shall be negotiated through #6..
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2 the Purchasing Division and as mutually agreed upon with the Agency Project Manager. Requests for increases shall be submitted in writing and approved prior to the billing rate effective date.

City hereby gives Consultant notice to proceed with the preparation of the Project, as of the Effective Date of this agreement. Consultant shall diligently proceed with the completion of the Project within the time period set forth in Exhibit "A" or unless otherwise agreed to by the Agency Project Manager.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed $1,000,000.00 over the five-year agreement term as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" or unless otherwise agreed to by the Agency Project Manager, except that additional services may be compensated as described below.

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

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement or unless otherwise agreed to by the Agency Project Manager. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto unless adjusted as describd in Article 2. Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any reimbursable expenses paid by Consultant and identified in Exhibit “B” or approved by the City in writing.

City shall pay Consultant Net 45 Days via manual check.

Additional services may be authorized by the City Manager in an amount up to, but not to exceed 10% of the agreed maximum compensation, or $100,000 over the term of the agreement. In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager, transmitted through the Agency Project Manager, indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” unless adjusted as describd in Article 2 and may not exceed the amount #6..
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3 requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed $1,100,000. If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work.

4. OBLIGATIONS OF CONSULTANT.

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

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Karen Ashby, Vice President will be the person primarily responsible for the performance of the services referred to in this Agreement (Consultant Project Manager). City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that about 20 percent (20%) 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. #6..
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4 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. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use.

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

7. NEWS AND INFORMATION RELEASE.

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

8. CONFLICT OF INTERST.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the Consultant in the peformance of this Agreement. . Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed. 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.
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5 9. AMENDMENTS.

This Agreement, including the Exhibits attached hereto, may be amended only by a writing signed by both Parties.City will not be responsible to pay any charges Consultant may incur in performing services not identified in Exhibit ‘A’ unless first authorized by the City in writing

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Except as City may specify in writing, Consultant 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. 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 and control 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 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 #6..
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6 terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

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

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned, other than noted in Exhibit ‘A’, 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 delivery provided that such are delivered in accordance with the provisions of this Section.

Notices shall be delivered either by: (a) personal delivery; (b) overnight courier service which obtains confirmation of delivery; or (c) certified mail, return receipt requested, if delivery is confirmed by a return reciept; 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: Larry Walker Associates, Inc.

Address: 1480 Drew Ave. #100
Davis, CA 95618
Attention: Karen Ashby
Phone: (530) 753-6400 x232
Email: [email protected]
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7 FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Jason Farnsworth
Phone: (209) 577-6255
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 via PINS Advantage Insurance Program, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for nonpayment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall #6..
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8 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.
(b) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(c) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (d) Professional Liability 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 #6..
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9 A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

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

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

15. TERMINATION OF AGREEMENT.

Termination for Default
In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance.

Within 10 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience
City may cancel this Agreement at any time, with or without cause, upon written notification to Consultant.

Post-Termination Procedure
Upon receipt of a written notice of termination, 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 #6..
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10 termination and act as specified in the notice of termination; b. Terminate all orders and Subcontractors except as necessary to complete any portion of the work that is not terminated;
c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of City; f. Complete performance of such part of the Project 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 Project and/or property related to the Project;
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. #6..
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11 City will pay Consultant for work actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the work such as subconsultant agreements or contracts for materials; b. The Agreement price allocable to the portion of the work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

16. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, to the extent 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.

In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for #6..
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12 PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

17. DISPUTE RESOLUTION.

Venue for 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 in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.

18. ATTORNEYS’ FEES.

If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. .

20. PARTIAL INVALIDITY.

If any provision in this Agreement is held by a court of competent jurisdiction and found 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.
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13 22. AUDIT.

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

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

23. GOVERNING LAW.

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

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

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

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. 2023- , adopted by the Council of the City of Modesto on the day of ___________ , 2023, and Larry Walker Associates has caused this agreement to be duly executed in duplicate as of the Effective Date.
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CoM | SW Permit Management - Scope of Services Page 1 of 10 Exhibit A – Scope of Work
City of Modesto
Utilities Department, Wastewater Division
DATE: December 20, 2022
TO: Larry Walker Associates
FROM: Duane Becker | Environmental Compliance Supervisor Jason Farnsworth | Wastewater Division Manager
SUBJECT: Stormwater Permit Management

2.0 SPECIFICATIONS

2.0 INTRODUCTION/BACKGROUND
Urban runoff from the City of Modesto (City) is regulated under a National Pollutant Discharge Elimination System (NPDES) Order (Permit). The NPDES program is mandated by the Federal Clean Water Act and administered in California by the State Water Resources Control Board and the Regional Water Quality Control Boards (RWQCB) on behalf of the U.S. Environmental Protection Agency (USEPA).

The City of Modesto, the urbanized areas of the County that are enclosed within the City, and the urbanized areas of the County which surround the City are referred to as the Modesto Urbanized Area (MUA) and are subject to the NPDES municipal stormwater permit Order.

Due to the proximity of the County’s urbanized areas to the City, the physical interconnection with the City’s storm drain system, and the locations of the discharges relative to the City’s system, portions of the County are designated as a part of the large Municipal Separate Storm Sewer System (MS4). As such, the City and County are regulated by the Central Valley Regional Water Quality Control Board (Regional Water Board) and are required to obtain a NPDES municipal stormwater permit for the area under their jurisdiction (also referred to as the MUA).

The current Region-wide Permit was adopted June 23, 2016 (effective October 1, 2016). In order to obtain coverage under the Permit, the City submitted an application package on November 1, 2016.

The Wastewater Division of the City of Modesto's Utilities Department is responsible for ensuring compliance with the NPDES permit. Activities of the Wastewater Division include permit mandated programs and activities; collection system inspection, maintenance and repair; catch basin inspection and cleaning; pump station repair, maintenance and rehabilitation; pollution prevention public outreach; monitoring of urban discharge and receiving waters; and response to community concerns as they relate to the stormwater systems within the City of Modesto. #6..
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CoM | SW Permit Management - Scope of Services Page 2 of 10 The City's storm drain system collects water from numerous nonpoint sources that discharge into local waterways. The City complies with the requirements of its NPDES permit by implementing various stormwater pollution prevention activities, including, but not limited to the following:
• Ensuring pollutants stay out of the storm drain system, rivers, and creeks; • Managing and enforcing the City's Municipal Code to minimize stormwater impacts; • Requiring new development projects mitigate impacts to stormwater; • Promoting pollution prevention awareness;
• Education Programs and outreach to the public;
• Supporting local non-profit creek groups;
• Inspecting businesses to ensure responsible stormwater-related practices; • Investigating and responding to illicit discharges

2.1 SCOPE OF SERVICES - TECHNICAL REQUIREMENTS – STORMWATER MANAGEMENT

2.1.1 Task 1: Prepare draft and final Annual Report (Produce 4 bounded hard copies and 1 electronic copy. All delivered electronic copies must be enabled for editing). • Modify existing reporting format to ensure consistency with Permit requirement • Compile and analyze Fiscal Year monitoring data;
• Review data for quality assurance and quality control; • Assist in resolving discrepancies in monitoring results; • Prepare data summaries to be included in report with discussions interpreting results and data analysis to assess impacts of stormwater discharges on receiving waters and direction for stormwater management program, and Prepare monitoring section of annual reports. *Note:

An Annual Report must be submitted to the RWQCB by September 1 each year.

2.1.2 Task 2: Prepare Stormwater Program Annual Work Plan (Produce 4 bounded hard copies and 1 electronic copy. All delivered electronic copies must be enabled for editing). • Prepare the Stormwater Program Annual Work Plan as required under the permit • Update program-tracking forms to reflect completed work and to propose a work plan schedule for upcoming fiscal year.

2.1.3 Task 3: Assist City with specific Stormwater Program Implementation Needs. • Assist in addressing performance standards which may include commenting on Stormwater Quality Control Plan standards updates; developing and conducting training workshops for City/County personnel regarding the Stormwater Program; and providing input in the development of new directives, policies, and standard operating procedures, and any other Stormwater Program needs as required by the City.

2.1.4 Task 4: Provide Stormwater Program Management Services. • Attend and conduct monthly progress and conference calls to review project status, identify constraints and plan work efforts and time schedules to ensure progress of work products and deadlines. Assist in development of agendas and meeting facilitation; • Develop and implement a tracking system for permit/annual report deliverables; #6..
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CoM | SW Permit Management - Scope of Services Page 3 of 10 • Identify assignments;
• Provide adequate oversight of various tasks to ensure adequate resources are committed and time schedules met.

2.1.5 Task 5: Annual Assessment of Stormwater Management Plan. • Review Stormwater Management Plan for continued compliance and efficacy. • Review and assess Stormwater Quality Development Standards (Post-Construction BMP’s) • Analysis to provide true-up of SWMP with permit.
• Annual assessment of Trash Amendment for continued implementation of source control and treatment control measures. Evaluate control measures effectiveness and progress toward planned milestones; and revise implementation plan as needed.

2.1.6 Task 6: Provide As-needed Technical Assistance.
• Develop implementation resources and assist with implementation of stormwater program. • Develop and implement a Pyrethroid Management Plan.
• Develop and implement a Pyrethroid Monitoring Plan.
• Evaluate Pyrethroid baseline monitoring Technical Assistance of the Stormwater Program may consist of the following subtasks:
• Compile background information. Consultant will compile and review previous Stormwater Management Plan (SWMP), Annual Reports, Monitoring Reports, and supporting documents; Compile other recent municipal stormwater permits and management plans for emerging trends; Work with City in contacting Regional Water Board to receive input on Board's assessment of the current City Stormwater Management Program. Once compiled the Consultant will prepare a memorandum comparing the City Program with other municipal programs regarding the extent of program coverage, level of implementation, and other major items relevant to the development of the City SWMP; • Compile and review monitoring data of monitoring program reports/data and conduct a trend analysis of the urban discharge and receiving water monitoring sites; • Review other elements of the monitoring program including special studies • Review other municipal stormwater monitoring programs, emerging regulatory trends and current TMDL efforts to identify potential direction for City of Modesto’s monitoring program;
• Prepare Technical Memorandum to summarize analysis and conclusions of monitoring data and program implementation;
• Identify potential permit requirements, Stormwater Management Plan enhancements/modifications, and monitoring program modifications in next Permit; • Meet with City staff to discuss the results and to develop initial ideas regarding future direction of the stormwater management program (for purposes of this proposal assume 1 meeting);
• Develop Draft Scope and Outline for Stormwater Management Plan. The outline will be in sufficient detail so as to identify likely modifications (including enhancements and reductions) to existing program elements, and new efforts. The Consultant will provide the draft outline to the City for review and comment. The Consultant will meet with the City once to review the draft outline (for purposes of this proposal assume 1 meeting); #6..
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CoM | SW Permit Management - Scope of Services Page 4 of 10 • Refine and provide ideas to Regional Board for review and feedback; • Draft Stormwater Management Plan with streamlined annual reporting in mind. Once comments are received on the draft outline the Consultant will develop a draft Stormwater Management Plan. It is expected that the SWMP will include the following sections:
a) Executive Summary
b) Program Management
c) Water Quality Monitoring
d) Illicit Discharges
e) Public Outreach
f) Municipal Operations
g) Industrial and Commercial
h) Construction
i) Planning and Land Development
j) Water Quality-Based Programs
k) Program Implementation, Assessment and Reporting
• Develop a fact sheet to format for each control measure within the program elements. Fact sheets to include summaries of existing program efforts and performance standard based work plans;
• Identify recordkeeping requirements for each performance standard and propose methods for assessing the effectiveness of each program element; Meet with the City during the development and completion of the Report of Waste Discharge to review project status, identify constraints, assign work efforts and coordinate plan development (for purposes of this proposal assume 6 meetings);
• For the Program Implementation, Assessment, and Reporting section the Consultant will review current evaluation techniques and reporting format to assess the usefulness of techniques for directing Program improvements and modifications. The Consultant will develop recommendations/modifications regarding the current annual report procedures to accommodate the new performance standards and assessment tools identified in Tasks 2 through 6. The Consultant will prepare the draft section for inclusion in the draft SWMP. • For the Water Quality Monitoring section, the Consultant will review current monitoring program efforts including monitoring objectives (characterization monitoring, receiving water monitoring, and bioassessment), data (including dry and wet weather), locations, and pollutant of concern analysis. Recent trend analysis will be developed and assessed for future monitoring efforts. Consultant will review other municipal stormwater monitoring programs, emerging regulatory trends and positions (including sediment monitoring), and current Total Maximum Daily Load (TMDL) efforts to identify potential direction for the City of Modesto Monitoring Program. The Consultant will prepare a draft section for incorporation into the draft SWMP. The purpose of this section is to provide recommendations to the monitoring program that will establish a constructive program providing feedback by which to improve and enhance the Stormwater Management Program.
• Develop Final Stormwater Management Plan. Consultant will prepare the final Stormwater Management Plan incorporating comments received from the City/County. #6..
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CoM | SW Permit Management - Scope of Services Page 5 of 10 • Develop Stormwater Quality Development Standards (Post-Construction BMP’s) Plan as directed.
• Meet with Regional Board Staff along with the City to review Report of Waste Discharge to provide context for drafting the NPDES Permit (for purposes of this proposal assume 1 meeting);
• Review draft NPDES Permit for consistency with submitted Report of Waste Discharge and other municipal stormwater NPDES permits;
• Prepare comment letter regarding draft permit with suggested modifications consistent with City policy and program goals; and
• Attend Regional Board hearing on the Modesto Stormwater NPDES Permit and if appropriate prepare for and provide testimony for permit hearing.

2.2 SCOPE OF SERVICES - TECHNICAL REQUIREMENTS – STORMWATER MONITORING The Region-wide Permit requires monitoring of urban discharges and receiving waters per Provision V.E. and Attachment J. Although monitoring, as described in Attachment J, broadly includes both programmatic and water quality data and information, this section focuses on the collection of the water quality data and information and Section 2.1 focuses on the collection of the programmatic data and information.

One of the overall goals of the stormwater management program is to reduce the degradation of waters of the State and waters of the U.S. by urban runoff and protect their beneficial uses.

The specific objectives of the monitoring program that support this goal include:

1. Identify those pollutants in urban runoff that pose significant threats to the waters of the State and waters of the U.S. and their beneficial uses.

2. Achieve compliance with water quality standards.

3. Develop a cost-effective program which focuses on pollution prevention of urban stormwater.

4. Seek cost-effective alternative solutions where pollution prevention is not a practical solution for a significant problem.

The City is currently implementing an approved monitoring program, which was designed to meet the Region-wide Permit requirements, and is, thus, the basis for the monitoring program.

The approved monitoring program that was initiated during the 2009-2010 reporting period is a pollutant-specific approach performed at key waterbodies on a rotating basis. The monitoring program is ultimately intended to assist in informing the City, to the extent feasible, about the nexus between the implementation of the stormwater program, the quality of urban discharges, and the resulting impact on the receiving waters. Each task and associated sample collection must be in compliance with the City NPDES Stormwater Permit, Monitoring and Reporting Program (MRP), and Water Code 13267 Letter Monitoring, and consist of, at a minimum, the following:
• Project Management and Coordination;
• Field Work and Sample Collection; and
• Data Compilation and Submittal
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CoM | SW Permit Management - Scope of Services Page 6 of 10 Consultant will, on an as needed basis, provide all project management and coordination for the Proposed Water Quality Monitoring Program for each Fiscal Year; conduct all fieldwork and sample collections; provide laboratory analysis and compile data and submit to the City or its representative in compliance with the mandates, guidelines, control measures and performance standards contained within the City new permit. Consultant will contract for laboratory services to receive and analyze water samples, order pre-cleaned, labeled, and preserved sample containers, and coordinate sample transportation details

2.2.1 Local Water Quality Monitoring
The MUA contains multiple watersheds that discharge to the Tuolumne River and Dry Creek (a tributary of the Tuolumne) waterbodies. These MUA waterbodies have been historically monitored as part of the urban discharge and receiving water monitoring program, with the intent of assessing the long-term trends and potential impacts of urban discharge on receiving waters. The waterbodies and land use within the MUA, along with the historical monitoring locations and drainage sheds are shown in Exhibit A. These waterbodies continue to be monitored on an annual basis. These waterbodies contain the largest drainage sheds and are spatially representative of the MUA. The selected monitoring stations are located at sites that are representative of commercial, industrial, residential, and mixed land uses, to characterize different types of urban discharges. Monitoring at these waterbodies will include:
• The historically monitored paired urban discharge and receiving water sites; • Urban discharge sites along the length of the waterbody within the MUA; and • Receiving water monitoring locations paired with the furthest upstream and downstream urban discharge sites;
• An upstream receiving water site located at the upstream border of the MUA to assess the water quality as it enters the MUA.

Since 1992 the City has monitored two separate locations for urban runoff for a number of water quality pollutants, Bodem Street and Scenic Drive.

The Bodem Street line drains the McHenry Avenue Corridor, a mostly residential/commercial area. The 84-inch drain pipe invert is approximately 20 feet below grade. The maintenance hole is within the traveled roadway of a two-lane bi-directional street with moderate traffic. The discharge point to Dry Creek is in Moose Park with a limited number of additional contributions to the discharge line downstream of the monitoring location. The Scenic Drive line drains urban runoff from the Sonoma residential neighborhood. The 36-inch pipe is 10 feet below grade. The maintenance hole is located in the traveled roadway of a four-lane bi-directional street with heavy, fast-moving traffic.

In 2019, both Scenic and Bodem urban discharge monitoring locations were upgraded with Hach Flo-Dar sensors in pipe with corresponding flow loggers in utility cabinets out of the roadways.

The time period for the data record differs among waterbodies, due to the evolution of the permit monitoring requirements, but generally, paired urban discharge and receiving water data have been collected since 1992. The local water quality monitoring program includes monitoring #6..
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CoM | SW Permit Management - Scope of Services Page 7 of 10 at these historical monitoring locations on an annual basis and includes urban discharge, receiving water, and TMDL monitoring, as described in the sections below.

2.2.2 Monitoring Approach
The local water quality monitoring approach consists of a focused effort conducted within two representative waterbodies on an annual basis. Per the Adaptive Management process, there will be a periodic re-evaluation of the PWQCs and the monitoring approach that will inform and improve upon the monitoring design, as needed.

In addition to the waterbody/drainage-shed monitoring, rainwater/atmospheric deposition will be monitored for mercury and pesticides(pyrethroids) at two representative locations in the MUA each year.

The local monitoring includes the following components:
• Historical Monitoring - Continuation of monitoring at the historical monitoring stations (paired urban discharge and receiving water sites) for identified WQCs and PWQCs on each waterbody. In addition, monitoring for an extended set of constituents will be conducted at the historical monitoring stations on the Tuolumne River once per permit term; • PWQCs and WQCs Monitoring - Monitoring for the WQCs identified during the Assessment and Prioritization. This includes intensive monitoring for the Category 1 PWQCs identified on key waterbodies, at multiple urban discharge and receiving water locations at each waterbody, along with continued monitoring for the Category 2 WQCs at the waterbodies where they were identified. This monitoring also includes monitoring required under the Central Valley Pyrethroids Basin Plan Amendment (BPA); and • TMDL Monitoring - TMDL monitoring to fulfill the requirements in Attachment G of the Region-wide Permit.

The monitoring approach includes a more intensive characterization at the Tuolumne River as a representative waterbody for the MUA, once per permit term. The Tuolumne River is considered to be the most representative waterbody for the following reasons:
• The Tuolumne River runs southeast through southwest within the MUA. • The Tuolumne River has upstream input and continuous flow through the MUA, and urban discharge input throughout the MUA.
• The Tuolumne River has hydrologic continuity with the San Joaquin River and Delta. • Land uses are primarily residential, commercial and industrial; typical of the MUA.

Accordingly, an extended set of constituents are sampled at the historical location on the Tuolumne River for continued characterization of water quality within the MUA.

Review and update local monitoring approach by waterbody.

2.2.3 Delta Regional Monitoring Program
The Delta Regional Monitoring Program (Delta RMP) is a stakeholder-directed project formed to develop a regional water quality monitoring program designed to improve understanding of #6..
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CoM | SW Permit Management - Scope of Services Page 8 of 10 water quality issues in the Sacramento-San Joaquin Delta. The goal of the Delta RMP is to better coordinate and design current and future monitoring activities in and around the Delta to create a cost-effective approach for providing critically needed water quality information to better inform policy and regulatory decisions of the Regional Water Board and other Federal, State and local agencies and organizations.

The City of Modesto discharges storm water into the Tuolumne River and Dry Creek which are tributaries of the San Joaquin River and Delta. As such, the City elected to participate within the Delta RMP to address a portion of the local water quality monitoring requirements. The City has been approved to participate in the Delta RMP in lieu of conducting some of the local water quality monitoring. The City is a contributing and participating member of the Delta RMP, which commenced monitoring in 2015. The Delta RMP focused the initial monitoring efforts on mercury, pesticides, nutrients, and pathogens, and are planning to conduct monitoring for contaminants of emerging concern (CECs). As the data are collected and results reported, the City will reference this data within the annual reports and mid-term and end-term reports, as needed.

For this task, Consultant will be required to:
• Participate in Delta Regional Monitoring Program related meetings, and provide meetings summaries as needed.

2.2.4 Baseline Monitoring Tasks
Baseline tasks that the successful consultant will conduct include the following:
• Complete one-year monitoring for Pyrethroids by regulatory deadline; • Complete other monitoring as required;
• Assist in oversight of monitoring to ensure consistency with Monitoring and Reporting Program as specified in NPDES Permit;
• Compile and Review Monitoring Data for quality assurance and quality control results and special studies;
• Prepare Reports of Water Quality Exceedances for RWQCB; • Propose modifications to monitoring program as needed and provide direction to program staff for implementation;
• Assist with data management;
• Summarize results and special studies;
• Participate in Delta Regional Monitoring Program related meetings and provide meetings summaries as needed.
• Consultant will provide assistance with implementation of the stormwater program as it pertains to monitoring programs.

Consultant will track and evaluate incoming storms as candidates for wet weather stormwater sampling. Consultant will contract for laboratory services to receive and analyze water samples, order pre-cleaned, labeled, and preserved sample containers, and coordinate sample transportation details. If necessary, Consultant will confer with representatives of the Permittees to verify sampling locations and procedures. #6..
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CoM | SW Permit Management - Scope of Services Page 9 of 10

2.2.5 Urban Discharge and Receiving Water Sampling (As Needed) The purpose of the urban discharge and receiving water sampling is to characterize the quality of the urban runoff discharging directly to receiving waters within the MUA, to investigate the water quality in MUA waterways and identify pollutants of concern (POC), and to characterize the receiving water upstream of contributions from urban discharge. One wet weather "first flush" event and one dry weather event are monitored for urban discharge and receiving water sampling.

The first storm event after September 1st that is preceded by a continuous 30-day period of dry weather will be targeted. A qualifying storm event is defined as a rain event forecasted 72 hours prior to the event at a 70% probability to produce at least 0.25 inches of precipitation. In addition, a qualifying storm event occurs when there is sufficient rainfall within a 24-hour period to monitor at least one drainage basin and one corresponding receiving water station. A day with a storm event too small to generate sufficient runoff (defined as less than or equal to 0.10 inch of precipitation) is considered a dry weather day. The dry weather monitoring event is preceded by at least seven days of no rainfall.

The monitoring schedule and protocol for each program element are summarized in the City's current Stormwater Management Plan (SWMP) and any future versions. If necessary, Consultant will confer with representatives of the Permittees to verify sampling locations and procedures.

2.2.6 Program Management and Coordination
Field Work and Sample Collection will include the following:
• Consultant will conduct urban discharge and receiving water sampling during the first flush event of permit year and during one dry weather event. In general, during wet weather, all urban discharge samples are collected as flow-weighted composite samples using automatic samplers currently installed at each of the pump stations, with the exception of a few parameters (pyrethroids, low-level mercury, methylmercury, oil, and grease, and indicator bacteria) which are collected as grab samples.
• Consultant will inspect the automatic samplers prior to wet weather sample event and perform maintenance, cleaning, and repairs as necessary prior to a sampling event.

Consultant will replace tubing and install decontaminated carboy sample containers prior to storm event. All sample containers will be certified as clean before being shipped from the laboratory.
• Consultant will collect two quality control samples during events (one field blank and one field duplicate) for water quality parameters only.
• Upon completion of the fieldwork, Consultant will deliver the stormwater samples under chain-of-custody procedures to state-certified laboratories to be analyzed for the constituents as identified by the City (to be provided at a later date)

2.2.7 Data Compilation and Submittal
• Consultant will perform data validation according to US EPA Guidelines and quality assurance checks for data recording, transcription, and laboratory analyses. Validated final analytical results will be transmitted to the Permittees (or their representative) immediately #6..
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CoM | SW Permit Management - Scope of Services Page 10 of 10 upon completion. Upon approval, consultant will submit data to State, Federal, or any other agency requested by the City in the required submittal format. • In addition, data compilation will include an identification of exceedances and indicate where "cause and contribute" exceedances1 have occurred.

2.2.8 Other Special Studies: Project Management, Fieldwork and Sample Collection, and Data Compilation
Consultant will track and evaluation incoming storms as candidates for wet weather stormwater sampling per the mandates, guidelines, control measures and performance standards contained within the final and Board approved City of Modesto work plans. Dry weather events may be conducted throughout the permit year (July 1 through June 30) and will be preceded by at least seven (7) days of no rainfall. Consultant will confer with representatives of the Permittees to verify sampling locations and procedures within the basin.

Consultant will contract for laboratory services to receive and analyze water samples, order precleaned, labeled, and preserved sample containers, and coordinate sample transportation details.

Consultant will perform data validation according to US EPA Guidelines and quality assurance checks for data recording, transcription, and laboratory analyses. Validated final analytical results will be transmitted to the Permittee's (or their representative) immediately upon receipt.

Water quality data, including field-collected water quality parameters, will be compiled into a single Excel flat file for each sampling event and transmitted to the Permittees (or their representative).

2.2.9 Field Work and Sample Collection (As Needed)
Consultant will inspect the automatic samplers prior to sample event and perform maintenance, cleaning, and repairs as necessary prior to a sampling event. Consultant will replace tubing and install decontaminated carboy sample containers prior to event. All sample containers will be certified as clean before being shipped from the laboratory.

Data Compilation and Submittal
Consultant will compile data in a format compatible with the California Data Exchange Network (CEDEN) and will be shared through CEDEN or a comparable data exchange venue.

2.3 ADDITIONAL INFORMATION
The City may furnish access to all information, data, maps, plans, reports, etc. as currently existing in files without charge to selected Consultant. In addition, the City will cooperate in carrying out the work without undue delay. The selected Consultant agrees that the City's responsibility to provide access to the information is limited to data of record in City files and in the format as recorded. The selected Consultant shall check and investigate existing information and conditions and notify the City of any deficiencies that are discovered #6..
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REIMBURSABLE COSTS
Travel:

Local mileage Current IRS rate
Transportation Actual expense
Auto rental Actual expense
Fares Actual expense
Room Actual expense
Subsistence(1) and per diem meals Current GSA rate
Report Reproduction and Copying:

Per color copy, in-house $0.89
Per black and white copy, in-house $0.08
Per binding, , in-house $1.95
Third party material preparation Actual expense
Special Postage and Express Mail: Actual expense
Other Direct Costs: Actual expense
Daily Equipment Rental Rates:

Single parameter meters & equipment $30.00
Digital flow meter $60.00
Multi-parameter field meters & sondes $100.00
Dye/tracer mapping or residence time $200.00
Multi-parameter continuous remote sensing $40.00
Field rig (field vehicle and all equipment) $200.00
Subcontractors:

Actual Expense plus 10% fee
Note: (1) Charged when overnight lodging is required. U.S. General Services Administration rates specified by location of work at gsa.gov

TITLE RATE
$/Hour
Administrative $ 96
Contract Coordinator $138
AR/AP Manager $138
Graphic Designer $128
Senior Graphic Designer $166
Project Staff I-C $133
Project Staff I-B $161
Project Staff I-A $187
Project Staff II-B $198
Project Staff II-A $224
Senior Staff I $241
Senior Staff II $259
Associate I $275
Associate II $290
Vice President $310
Executive Vice President $325
Senior Executive $340
President $340

LARRY WALKER ASSOCIATES RATE SCHEDULE
EFFECTIVE JULY 1, 2022 – JUNE 30, 2023
Note: hourly rates may be adjusted each fiscal year (starting July 1) based on a minimum of the Producer Price Index for Engineering Service and as mutually agreed upon with the Agency Project Manager.
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

March 6, 2023
Date: February 27, 2023
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice Chair
Eric Alvarez, Member
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: Professional Services Agreement for Urban Planning and Project Management Support
CONTACT: Edgar R. Garcia, Housing and Urban Development Supervisor [email protected], 209-571-5101
DESCRIPTION:

Consider approving the Award of Proposal and Professional Services Agreement to Seer World, Inc, Roswell, Georgia for Urban Planning and Project Management Support for a total amount not to exceed $542,000, including a 20% contingency, for a total amount not to exceed $650,400 and authorizing the City Manager, or his designee, to negotiate and finalize the terms of the Agreement, and forwarding to Council for approval. (Funding Source: American Rescue Plan Act) STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2020-2025 Strategic Plan, Goal G: Make Downtown a Destination, Strategy 1: Create a downtown economic development strategy (including infill housing, mixed-use development, business retention and attraction, and placemaking).

BACKGROUND:

Throughout the last three years, the City of Modesto has worked diligently alongside public and private partners to create the Downtown Master Plan, Stanislaus 2030 Blueprint, and the Modesto Renewal & Diversification Project (River District Study). Through the preparation of these studies and planning documents, staff and consultants have engaged hundreds of residents, business owners, faith-based organizations, and nonprofits. This engagement has yielded a broad consensus across stakeholder groups regarding community challenges, strengths, and high-leverage opportunities to achieve a more vibrant community and regional economy.

The City intends to leverage the results from these prior studies to help inform the implementation of these plans. To support the City with this initiative and provide as needed support to the City with related assignments, the City solicited an informal request for proposals #7..
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Economic Development Committee, March 6, 2023
Professional Services Agreement for Urban Planning and Project Management Support

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Economic Development CommitteeMarch 6, 2023

Economic Development Committee
March 6, 2023