of Santa Ana, California. On July 6, 2021, by Resolution No. 2021-271, the City Council approved a Professional Services Agreement with PlaceWorks to prepare the Comprehensive General Plan Update.
DISCUSSION:
The first task of the General Plan is to establish the Vision Statement and Guiding Principles. The Vision Statement describes the shared community values and goals regarding what Modesto aspires to be in the year 2050. The vision will serve as a foundation for the remaining work to update the General Plan.
Community engagement was conducted during the visioning outreach phase from February through October 2022. A total of thirty-five engagements were held during this time including: two (2) community workshops (one virtual and one in-person) held in March 2022; two (2) Popups (Love Modesto & Meet the Mayor); twenty-six (26) Listening Sessions and five (5) Small Group Forums which were held by Debrief. Debrief, a local non-profit based in South Modesto whose mission is to amplify the voice of underserved communities, was subcontracted by Placeworks to ensure that a diverse range of voices across Modesto were heard. Three community meetings were held in the following areas: the Airport Neighborhood, West Modesto, and South Modesto.
Additionally, two (2) community meetings were held for students and young professionals.
Staff and the Placeworks team distributed a draft of the Vision Statement to participants from the community workshops, listening sessions, small group forums, and to the community at-large to ensure the Vision Statement was consistent with the feedback from community members during the public outreach for the visioning process.
The draft vision statement, and guiding principles are outlined below:
Vision Statement
Our Vision
In 2050, Modesto is a community of choice because of its strong sense of community and connection, rich cultural diversity, quality jobs, engaged neighborhoods, abundant open space and recreational opportunities.
Modesto’s rich heritage and history is preserved while responsible growth and development seek to provide housing to all income levels, a range of job opportunities, community amenities, walkable and bikeable neighborhoods, and well-maintained infrastructure for all.
Modesto is a place where all people are valued through a continuous commitment to collaborate with community members.
Our Values
Balance
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Comprehensive General Plan Update (GPU) 2050 – Vision Statement, Guiding Principles, and Values
We seek to balance well-designed development that meets our housing, jobs, transportation, and infrastructure needs while preserving our small-town character, open spaces, and the agricultural land that surround us.
Prosperity
We cultivate a diverse, thriving, and resilient economy with a variety of quality jobs, affordable homes, recreation, lifelong learning opportunities, and services for both current and future generations to experience a high quality of life.
Equity
We ensure that everyone has equal opportunity and a voice in City decisions. We enable equitable access to City services and infrastructure, including for those who have been underserved, so that the entire community is healthy and can flourish.
Community
We respect and welcome a diversity of cultures, beliefs, experiences, and viewpoints.
Neighbors feel connected to each other and our city, which fosters a close-knit community where civic life thrives.
Guiding Principles
Our Community’s Culture and Character Are Strong.
We celebrate Modesto as a collaborative, welcoming, and diverse community with a cohesive and unique identity. Our active, mixed-use downtown serves as a vibrant community core, one that honors the city’s rich history while offering a range of entertainment, retail, office, and housing options that infuse the area with daytime, evening, and weekend activity for all ages. Downtown is connected to other mixed-use centers, residential neighborhoods, and commercial and industrial districts through multimodal corridors and an extensive open space and trail network, including along the Tuolumne River.
Growth Occurs Thoughtfully and is Aligned with Our Community Character.
We are committed to facilitating growth in a way that complements our small-town character and history while providing new opportunities for housing, jobs, and infrastructure. We prioritize infill development and redevelopment that adds energy and vitality to existing neighborhoods, relies on existing services and infrastructure, and preserves open space and agricultural lands around the city. Where it aligns with the community’s economic, housing, and infrastructure needs, we will consider expanding the city’s urban footprint in targeted areas.
Our Workforce and Businesses Thrive.
We value and support small- and large-scale businesses that bolster the community by providing high-quality jobs, goods, and services. Our youth and young professionals feel prepared to enter the workforce and want to stay in Modesto, where they can build successful careers in fields of their interest. Community members can live, work, and recreate all in one place.
All Neighborhoods Have Equitable Access to a Healthy Environment. #12..
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Economic Development Committee, April 3, 2023
Comprehensive General Plan Update (GPU) 2050 – Vision Statement, Guiding Principles, and Values
Development, investment, and policy decisions correct historical injustices by prioritizing improvements in neighborhoods that have been left out in the past. All neighborhoods have clean air, clean and safe streets, and effective infrastructure and services that support residents’ health and ability to thrive. Community members have equitable access to sanitary housing, healthy and affordable food outlets, and quality recreational facilities and open spaces for all ages and abilities.
Housing Is Available to All.
We actively promote access to safe and affordable housing for all. New development provides a variety of housing types and affordability levels to meet the needs of existing and future community members at all stages of life and address the rising rate of homelessness in the region. Investment and development do not displace existing community members.
Our Community is Mobile and Connected.
Our transportation and circulation system is complete, with amenities that make walking, biking, and transit use safe, comfortable, and reliable for everybody. Roadways are scaled appropriately for the types of land uses that surround them and provide access to jobs, services, goods, and recreational opportunities. Roadway, sidewalk, and bicycle infrastructure are properly maintained in all neighborhoods.
FISCAL IMPACT:
There is no fiscal impact associated with the acceptance of the of the General Plan Vision Statement.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion accepting the City of Modesto General Plan Vision Statement and forwarding to Council for approval.
Approved by:
Jessica Hill,
Interim Director of Community and Economic
Development
Joseph P. Lopez, City Manager
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1. CITY OF MODESTO
ECONOMIC DEVELOPMENT
COMMITTEE AGENDA REPORT
DATE OF MEETING:
April 3, 2023
Date: March 15, 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: AECOM Agreement for Briggsmore Avenue at State Route 99 Interchange Improvement Project
CONTACT: Toby Wells, City Engineer, [email protected], 209- 571-5542 DESCRIPTION:
Consider approving a Design Services Agreement with AECOM of Sacramento CA for the Briggsmore Avenue at State Route 99 Interchange Improvement Project in the amount of $6,380,010, plus $638,001 for additional services, if needed, for a total amount not to exceed $7,018,011, and forwarding to Council for approval. (Funding Source: Regional Surface Transportation Funds (RSTP) and Regional Measure L funds) STRATEGIC PLAN ELEMENT:
This action for the Briggsmore Avenue at State Route 99 (SR99) Interchange Improvement Project is consistent with the Council’s 2020-2025 Strategic Plan Goal D, Ensure Safe, Efficient and Reliable Infrastructure. Specifically, this item supports the City’s goal to expand alternative modes of travel, improve transportation flow, and drive economic vitality.
BACKGROUND:
The Briggsmore Avenue at SR99 Interchange Improvement Project Interchange was constructed incrementally in response to changing demands and available funding over time. At this time, deficiencies are such that a complete overhaul is necessary to maintain flows into the future. As such, an analysis must be performed to understand the Traffic Engineering first and then look for ways to make improvements. Staff anticipates that this could result in radical changes to local roadways, with the end result being a net increase in safety and efficiency for movement of goods and services throughout the vicinity of Briggsmore Avenue and SR99.
The initial direction to staff is that the SR99 overcrossing needs to be reconstructed to accommodate 8 lanes of traffic on the SR99 mainline. This work is complicated by the presence #13..
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Economic Development Committee, April 3, 2023
AECOM Agreement for Briggsmore Avenue at State Route 99 Interchange Improvement Project
of traffic signals at less than ideal spacing in the immediate vicinity of the interchange.
Interchange reconstruction and roadway realignment will be further frustrated by the presence of several big box retail stores North and East of the existing interchange. This interchange also serves as a grade separated crossing of the Union Pacific Railroad and future expansion of the Altamont Corridor Express (ACE) Rail system.
On September 1, 2020, by Resolution No. 2020-338, Council approved amending the CIP budget in the amount of $2,847,879 for Project Initiation Document and Project Approval and Environmental Document phases for the Briggsmore Avenue at SR99 Interchange Improvement Project.
On September 1, 2020, by Resolution No. 2020-337, Council approved accepting Regional Surface Transportation Program (RSTP) funds in the amount of $2,298,879 in FY 20/21, and $2,297,953 in FY 21/22 to fund the Project Initiation Document and Project Approval and Environmental Document phases for the Briggsmore Avenue at SR99 Interchange Improvement Project.
On September 1, 2020, by Resolution No. 2020-336, Council approved a Measure L Cooperative Agreement with Stanislaus Council of Governments funding up to $549,000 of Measure L funds for the Project Initiation Document and Project Approval and Environmental Document phases for the Briggsmore Avenue at SR99 Interchange Improvement Project.
On April 13, 2021, by Resolution No. 2021-127, Council approved Cooperative Agreement with Caltrans for Project Initiation Document and Project Approval Environmental Document Phases of the Briggsmore Avenue at SR99 Interchange Improvement Project.
DISCUSSION:
The purpose of this project is to reduce traffic congestion, improve regional and interregional traffic operation, and enhance safety on the SR99 highway and within the vicinity of the local transportation network of the Briggsmore Avenue at SR99 Interchange through reconstruction.
StanCOG is the designated Regional Transportation Planning Agency, the designated Metropolitan Planning Organization, and the designated Council of Governments for Stanislaus County. StanCOG has designated the Briggsmore Avenue at SR99 Interchange Improvement Project as a priority project for delivery in Measure L’s first 10 years. As a Measure L regional funding priority, this project is designated to receive up to $14.9M (2019 dollars) of the regional project share of Measure L funds, and StanCOG will reimburse the City of Modesto for identified costs associated with development of this project.
The first project phase is termed the Project Initiation Document (PID) phase. This is the first formal project phase in developing a solution for a specific transportation problem. The outcome of the project initiation process is a document that establishes a well-defined purpose-and-need statement, proposed project scope tied to a reliable cost estimate, and a schedule. Additionally, the use of State funds for capital improvements on the State Highway System (SHS) requires an approved PID. Any major work on the State Highway System regardless of how it is funded requires an approved PID.
The PID is a technical engineering report that documents the scope, cost, and schedule of a project. The PID is the product of the project scoping effort, becomes the record of the purpose- #13..
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Economic Development Committee, April 3, 2023
AECOM Agreement for Briggsmore Avenue at State Route 99 Interchange Improvement Project
and-need for the project, and it defines the approach that will be taken to meet or reduce transportation deficiencies. The PID is a record of the existing information, initial assumptions, identified risks, and constraints that generated the development of the project work plan. The PID is used to obtain approval for inclusion of a project into a programming document or to get conceptual approval by Caltrans as a project-funded-by-others.
Caltrans requires development of a PID prior to approval to begin the environmental project phase or PA&ED. The Project Approval and Environmental Document (PA&ED) phase develops and establishes the State and Federal approvals necessary for the project to move to the final Plans, Specifications and Estimate (PS&E) project phase. Approval of the PID, PA&ED, and PS&E phases are all milestone events that provide the basis for funding of subsequent phases concluding with the construction phase.
Committee approval of the proposed AECOM Design Services Agreement is the first step towards Council approval and then progressing the study and reconstruction of the Briggsmore Avenue at SR99 Interchange Improvement Project.
Following Council approval of the Agreement, staff will engage the PID/PA&ED process with the designer for those specific engineering services with the end result producing an approved Project Report and Environmental Document. When these first Project phases have been completed, staff will again return to Council with a recommendation for funding final design services that are required to produce a constructable set of plans.
On May 20, 2022, Staff solicited proposals to consultants for the Project in compliance with Modesto Municipal Code section 8-3.204(a). The scope of design services includes:
Project Management
Project Initiation
Project Approval and Environmental Document
Survey/Mapping
Right of Way Support
Public Outreach
On August 12, 2022, five consulting firms submitted proposals. These proposals were received and evaluated based on the following qualifications project understanding: Project Understanding; Project Approach; Qualified Staffing; Prior Experience; Innovation; and Familiarity with State and Federal Project Compliance. The five submittals were reviewed by a multi-jurisdictional panel comprised of representatives from the City, Stanislaus County, and Caltrans. The proposals were ranked as follows:
1) WMH Corporation, San Jose
2) Kimley-Horn, Sacramento
3) AECOM, Sacramento
4) Michael Baker International, Rancho Cordova
5) TYLIN International, Sacramento
On September 23, 2022, the three top-ranked firms were interviewed with ranking as shown below. This procurement is special in that it provides for the selection of two independent teams who will be tasked with two interchange projects of Standiford Avenue and Briggsmore Avenue. #13..
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Economic Development Committee, April 3, 2023
AECOM Agreement for Briggsmore Avenue at State Route 99 Interchange Improvement Project
Final Consultant Ranking
1) WMH Corporation, San Jose
2) AECOM, Sacramento
3) Kimley-Horn, Sacramento
The first team, WMH Corporation, is scheduled for consideration by the City Council on April 4, 2023 is design of the Standiford Avenue at SR99 Interchange Improvement Project. AECOM is the second ranked firm in the procurement process and recommended to design the Briggsmore Avenue at SR99 Interchange Improvement Project.
AECOM’s initial cost proposal estimate was $5.18 Million. This cost proposal provided staffing resources for a Project that followed a Mitigated Negative Declaration approval with a 33-month duration. Due to the controversial nature of the project, staff recommends anticipating the project will follow a more time intensive path via approval of an EIR/EIS document with a 69- month duration.
After a series of negotiation meetings, City staff and AECOM agreed on a cost proposal of $6,380,011 for the identified scope of work. In addition to the $6.38 Million, staff recommends approval of a contingency budget of up to $638,001 for additional services if needed. Per the contract, the City Manager will have the authority to approve these additional services up to but not to exceed $638,001. Any additional services above the $638,001 would require City Council approval. The City Manager and staff recommend approval of the contract to AECOM Corporation.
In accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement. Staff proceeded through a Request for Proposal (RFP) process pursuant to Administrative Directive 3.1. Staff recommends approval of the agreement with AECOM for the Briggsmore Avenue at SR99 Interchange Improvement Project.
The project schedule will be driven by the review of several regulatory agencies, such as Caltrans, but the approximate keystone milestone dates are as follows:
Current Schedule (approximate): Date:
Project Initiation Document October 2024
PA&ED (Mitigated Negative Declaration) April 2025
PA&ED (EIR/EIS) November 2027
The PS&E and final project schedule will be determined after completion of the PA&ED process.
FISCAL IMPACT:
This Project is not included in the City’s Capital Facilities Fee (CFF) program, therefore other funding sources are necessary to fund the design efforts. The available funding sources are:
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Economic Development Committee, April 3, 2023
AECOM Agreement for Briggsmore Avenue at State Route 99 Interchange Improvement Project
Briggsmore Avenue at SR 99 Interchange Improvement Project Measure L Regional Funding - *per the existing cooperative agreement $ 549,000* Regional Surface Transportation Program (RSTP) $4,595,906 Total Funding (PID & PAED) $5,144,906
Staff has initiated the process with StanCOG to allocate an additional $2M from the Measure L regional funding to fully fund the project.
Staff anticipates that the Project Initiation Document (PID) and Project Study Report/Project Development Support (PSR/PDS) can be completed in the first 19 months of the Project. The anticipated draw down rate is estimated at approximately $150,000 per month for the first 19 months. This will require approximately $3M in project funding to support the PID-PSR/PDS activity. Prior to moving to the Project Approval and Environmental Document (PA&ED) phase, staff would ensure all of the required funding is secured.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Motion approving a Design Services Agreement with AECOM of Sacramento, CA for the Briggsmore Avenue at State Route 99 Interchange Improvement Project in the amount of $6,380,010, plus $638,001 for additional services, if needed, for a total amount not to exceed $7,018,011, and forwarding to Council for approval.
Approved by:
Jessica Hill, Interim Director of CEDD
Joseph P. Lopez, City Manager
Attachments:
2. AECOM Agreement
3. Appendix A: Required Scope of Work and Deliverables
4. Appendix H: Cost Proposal
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AECOM Corporation A-1 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR
BRIGGSMORE AVENUE AT STATE ROUTE 99 INTERCHANGE IMPROVEMENT PROJECT
ARTICLE I RECITALS
A. 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 AECOM Corporation, hereinafter referred to as "CONSULTANT".
a. For the Administration of this contract, Contract Administrator will be City Project Manager. b. Consultant represents that it is qualified, willing and able to provide the services to prepare said document(s).
B. In the performance of its professional services Consultant will use the degree of care and skill ordinarily exercised performing the same or similar services under similar conditions in similar localities (“Standard of Care”). No other warranties, express or implied, are made or intended. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated February 10, 2023. The approved CONSULTANT’s Cost Proposal is attached hereto “APPENDIX H: COST PROPOSAL” and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.
C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless CITY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of CITY, as determined by a Court of competent jurisdiction. Consultant agrees to reimburse City its reasonable defense costs caused by Consultant’s negligence not to exceed its proportionate percentage of fault and as awarded by a court or arbitrator of competent jurisdiction.
The provisions of this section shall survive termination or suspension of this AGREEMENT.
D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.
E. CITY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel.
CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the CITY as to the designation of tasks to be performed and the results to be accomplished.
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AECOM Corporation A-2 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds CITY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.
G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the CITY. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the CITY.
H. CONSULTANT shall be as fully responsible to the CITY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.
I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.
J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.
ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the CITY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
CONSULTANT shall provide a Baseline Milestone Schedule showing progress from Project beginning through completion of the PA&ED Phase. Said Baseline Milestone Schedule shall be updated monthly and submitted along with progress payment requests. Monthly updated schedules shall contrast current progress against the Baseline Milestone Schedule projection.
An Engineering Performance and Progress Report (EPPR) shall also accompany progress payment requests. EPPR shall show present earned value status against baseline predicted progress. Any deviation of present project completion from the projected Baseline Milestone Schedule progress will be explained along with a recovery plan to bring progress into symmetry with projected Baseline Milestone Schedule performance. All Baseline Milestone Schedule completion dates shall be met.
B. CONSULTANT’s Project Manager shall meet with CITY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.
ARTICLE III STATEMENT OF WORK
A. CONSULTANT Services
Environmental documents are not considered complete until a Caltrans District Senior #13..
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AECOM Corporation A-3 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project Environmental Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No Significant Impact, or the Caltrans District Director signs the Record of Decision (see LAPM Chapter 6: Environmental Procedures, and the Standard Environmental Reference).
B. Right of Way:
Right of Way study and analysis as required to complete the PID/PAED phases.
C. Surveys:
Consultant will perform Preliminary Engineering Survey as necessary to complete the PID/PAED phases of the PROJECT
D. Subsurface Investigations:
Not Applicable to this Agreement
E. CITY Obligations:
City will provide: all existing traffic data, results from regional traffic corridor feasibility study when available, and access to the traffic engineering team.
F. Conferences, Site Visits, Inspection of Work:
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the CITY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.
G. Checking Shop Drawings:
Not Applicable to this Agreement
H. CONSULTANT Services During Construction:
Not Applicable to this Agreement
I. Documentation and Schedules:
CONSULTANT shall provide documentation and schedules as required to complete the PID/PAED phases of the PROJECT.
ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on _______, 2023, contingent upon approval by CITY, and CONSULTANT shall commence work after notification to proceed by CITY’S Contract Administrator. The AGREEMENT shall end on February 28, 2029, unless extended by AGREEMENT amendment.
B. TERM OF AGREEMENT: The term of agreement is specified herein as thirty-three (33) months from Notice to Proceed for a Mitigated Negative Declaration and sixty-nine (69) months for an EIR/EIS for this procurement. This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, unless terminated earlier in accordance with the provisions of the #13..
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AECOM Corporation A-4 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project termination clause in this Agreement.
Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as “APPENDIX A:
REQUIRED SCOPE OF WORK AND DELIVERABLES" and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in “APPENDIX A: REQUIRED SCOPE OF WORK AND DELIVERABLES" as of the Effective Date of this AGREEMENT. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in “APPENDIX A: REQUIRED SCOPE OF WORK AND DELIVERABLES."
C. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on CITY until the AGREEMENT is fully executed and approved by CITY.
ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. CITY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds CITY’s approved overhead rate set forth in the Cost Proposal. In the event, that CITY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by CITY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.
B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.
C. In addition to the allowable incurred costs, CITY will pay CONSULTANT a fixed fee of $390,541.00.
The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.
D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.
E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.
F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, CITY shall have the right to delay payment or terminate this AGREEMENT.
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AECOM Corporation A-5 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.
H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by CITY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing.
Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due CITY including any equipment purchased under the provisions of Article XI Equipment Purchase.
The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to CITY’s Project Manager at the following address:
City of Modesto
Attn: John Rawles
P.O. Box 642
Modesto, CA, 95353
I. The total amount payable by CITY including the fixed fee shall not exceed $6,380,010, except that additional services may be compensated as described below.
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 $638,001.00. 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 Appendix H: Cost Proposal 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 $7,018,011.00. 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 ARTICLE V, Paragraph A of this agreement.
J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.
ARTICLE VI TERMINATION OF AGREEMENT
Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant.
The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.
Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest #13..
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AECOM Corporation A-6 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project and convenience of the City, or whenever the City is prohibited from completing the Work for any reason.
The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated;
c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City; f. Complete performance of such part of the Work as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work; h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.
City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.
Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council.
The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee
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AECOM Corporation A-7 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.
B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to CITY.
D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and CITY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. CITY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by CITY’S Chief Financial Officer.
B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by CITY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by CITY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.
D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations.
In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to #13..
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AECOM Corporation A-8 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project ensure federal, CITY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by CITY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by CITY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, CITY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the CITY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, CITY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines is received and approved by IOAI.
2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.
3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.
4. CONSULTANT may submit to CITY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of CITY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO CITY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between CITY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR. #13..
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AECOM Corporation A-9 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project
ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the CITY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the CITY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the CITY's obligation to make payments to the CONSULTANT.
B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the CITY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.
C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.
D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the CITY.
E. Any substitution of Subconsultants must be approved in writing by the CITY Contract Administrator in advance of assigning work to a substitute Subconsultant.
F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than One Hundred Fifty (150) percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of Two (2) percent of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.
G. Prompt Payment of Withheld Funds to Subconsultants
The CITY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the CITY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The CITY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.
No retainage will be held by the CITY from progress payments due to CONSULTANT. Any retainage kept by CONSULTANT or by a subconsultant must be paid in full to the earning subconsultant within fifteen (15) days after the subconsultant’s work is satisfactorily completed.
Any delay or postponement of payment may take place only for good cause and with the CITY’s #13..
- 720 -
AECOM Corporation A-10 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.
ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by CITY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by CITY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.
C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:
1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two (2) years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures; and credit CITY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by CITY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY.
2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.
ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.
B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be #13..
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AECOM Corporation A-11 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at CITY construction sites, at CITY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve CITY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.
D. Payroll Records
1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.
2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by CITY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the CITY Contract Administrator by both email and regular mail on the business day following receipt of the request.
3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by CITY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.
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AECOM Corporation A-12 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project
5. The CONSULTANT shall inform CITY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to CITY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by CITY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.
E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the CITY Contract Administrator.
F. Penalty
1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the CITY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.
3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.
4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
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AECOM Corporation A-13 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.
5. Pursuant to Labor Code §1775, CITY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.
6. If CITY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if CITY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by CITY.
G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the CITY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.
H. Employment of Apprentices
1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements.
Penalties are specified in Labor Code §1777.7.
ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this AGREEMENT or any ensuing CITY construction project. The CONSULTANT shall also list current clients who may #13..
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AECOM Corporation A-14 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project have a financial interest in the outcome of this AGREEMENT or any ensuing CITY construction project which will follow.
B. CONSULTANT certifies that it has disclosed to CITY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT.
CONSULTANT agrees to advise CITY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either CITY ordinance or State law.
C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.
D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist.
An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.
ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any CITY employee. For breach or violation of this warranty, CITY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
ARTICLE XV PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR LOBBYING A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:
1. No State, Federal, or CITY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. #13..
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AECOM Corporation A-15 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.
ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR §8103.
B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by CITY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.
D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this clause.
E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.
G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally- #13..
- 726 -
AECOM Corporation A-16 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.
I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the CITY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:
1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
3. Does not have a proposed debarment pending; and
4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
B. Any exceptions to this certification must be disclosed to CITY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility.
Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.
ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (CITY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, The CITY shows a contract goal for DBEs.
CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.
CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes or work code applicable to #13..
- 727 -
AECOM Corporation A-17 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbesearch.
All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
100 percent counts if the materials or supplies are obtained from a DBE manufacturer. 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49CFR26.55 defines "manufacturer" and "regular dealer." This AGREEMENT is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist the CITY in a good faith effort to achieve California's statewide overall DBE goal.
B. The goal for DBE participation for this AGREEMENT is 8.79%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10- O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.
C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.
D. Contract Assurance
Under 49 CFR 26.13(b):
CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.
Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible #13..
- 728 -
AECOM Corporation A-18 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project E. Termination and Substitution of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the CITY’s written consent. CONSULTANT shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the CITY. Unless the CITY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid.
The CITY authorizes a request to use other forces or sources of materials if CONSULTANT shows any of the following justifications:
1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
2. The CITY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the CITY’s bond requirements.
3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insolvent.
8. Listed DBE voluntarily withdraws with written notice from the Contract
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
11. The CITY determines other documented good cause.
CONSULTANT shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise CONSULTANT and the CITY of the reasons why the use of other forces or sources of materials should not occur.
CONSULTANT’s request to use other forces or material sources must include:
1. One or more of the reasons listed in the preceding paragraph.
2. Notices from CONSULTANT to the DBE regarding the request.
3. Notices from the DBEs to CONSULTANT regarding the request.
If a listed DBE is terminated or substituted, CONSULTANT must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal.
#13..
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AECOM Corporation A-19 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project F. Commitment and Utilization
The CITY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
The CITY shall request CONSULTANT to:
1. Notify the CITY’s contract administrator or designated representative of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
Name and business address of each 1st-tier subconsultant Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.
If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the CITY. On work completion, CONSULTANT shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form to the CITY within 30 days of contract acceptance.
Upon work completion, CONSULTANT shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the CITY within 90 days of contract acceptance. The CITY will withhold $10,000 until the form is submitted.
The CITY will release the withhold upon submission of the completed form.
In the CITY’s reports of DBE participation to Caltrans, the CITY must display both commitments and attainments.
G. A DBE is only eligible to be counted toward the AGREEMENT goal if it performs a commercially useful function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors.
H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar #13..
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AECOM Corporation A-20 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project transactions, particularly those in which DBEs do not participate.
I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.
J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier.
The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.
K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to CITY’s Contract Administrator within thirty (30) calendar days.
L. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency.
M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.
ARTICLE XIX INSURANCE REQUIREMENTS
The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by PINS Insurance Program, for all of the following stated insurance policies.
In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled. (a) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required #13..
- 731 -
AECOM Corporation A-21 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(b) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(c) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (d) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.
If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, officials, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.
CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.
For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.
ARTICLE XX CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.
B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by CITY’s Contract Administrator. #13..
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AECOM Corporation A-22 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by CITY’s Contract Administrator.
ARTICLE XXI CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, CITY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
ARTICLE XXII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of CITY’s Contract Administrator and City Engineer, who may consider written or verbal information submitted by CONSULTANT.
B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by CITY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.
ARTICLE XXIII INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit CITY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.
ARTICLE XXIV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by CITY Safety Officer and other CITY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.
B. Pursuant to the authority contained in Vehicle Code §591, CITY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.
CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. #13..
- 733 -
AECOM Corporation A-23 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project
ARTICLE XXV OWNERSHIP OF DATA
A. It is mutually agreed that all materials first prepared by CONSULTANT exclusively under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination and upon full payment of all funds due to Consultant, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.
B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.
C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City’s sole risk.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federalaid contracts).
E. CITY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
ARTICLE XXVI CLAIMS FILED BY CITY’s CONSTRUCTION CONTRACTOR A. If claims are filed by CITY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with CITY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
B. CONSULTANT’s personnel that CITY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from CITY.
Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.
C. Services of CONSULTANT’s personnel in connection with CITY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.
ARTICLE XXVII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to CITY’s #13..
- 734 -
AECOM Corporation A-24 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project operations, which are designated confidential by CITY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by CITY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.
C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or CITY’s actions on the same, except to CITY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.
D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by CITY, and receipt of CITY’S written permission.
E. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than CITY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.
ARTICLE XXVIII NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.
ARTICLE XXIX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by CITY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.
ARTICLE XXX PROMPT PAYMENT FROM THE CITY TO CONSULTANT
The CITY shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the CITY fails to pay promptly, the CITY shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the CITY shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the CITY as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request. (2) Any payment request determined not to be a proper payment request suitable for payment shall #13..
- 735 -
AECOM Corporation A-25 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project be returned to CONSULTANT as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
ARTICLE XXXI TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES
The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain Appendices A and E of the Title VI Assurances.
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.
Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
#13..
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AECOM Corporation A-26 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.
APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and #13..
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AECOM Corporation A-27 City of Modesto
Briggsmore Avenue at State Route 99 Interchange Improvement Project adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
ARTICLE XXXII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:
CONSULTANT: AECOM Corporation
Howard Michael, PE, Associate Vice President/Project Manager 2020 L Street, Suite 400
Sacramento, CA 95811
Phone: (916) 414-5800
CITY: City of Modesto
John Rawles, Project Manager
1010 Tenth Street, Suite 3100
Modesto, CA 95354
Or Mail to: P.O. Box 642, Modesto CA 95353
Phone: (209) 577-5253
ARTICLE XXXIII CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named CITY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.
ARTICLE XXXIV SIGNATURES
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 CONSULTANT, has caused this AGREEMENT to be duly executed in duplicate. (Signatures on next page)
3/27/2023 Reviewed by PH
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APPENDIX A
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City of Modesto
SR99 at Standiford Avenue/Beckwith Road
SR99 at Briggsmore Avenue
Interchange Improvement Project
APPENDIX A: REQUIRED SCOPE OF WORK AND DELIVERABLES
INTRODUCTION
The City of Modesto is the sponsor for the SR99 at Standiford Avenue/Beckwith Road Interchange Improvement Project (Herein after referred to as Standiford Road Interchange Project) and intends to retain professional engineering services for the PID and PA&ED Phases of the Project. The Project will be implemented by City of Modesto; however, there will be considerable coordination with Project stakeholders including FHWA, Caltrans, StanCOG, and Stanislaus County. Consultant will serve as City of Modesto’s development implementation and delivery team by providing technical and engineering services, including but not limited to, project management, environmental, hydraulics, traffic analysis, structural, outreach, design, and right-of-way, and other support services as required. Consultant’s team will integrate seamlessly with City’s Project Team which may include consultants and City management team members to ensure the successful delivery of the Project Environmental Document.
The Project includes improvements to the interchange along SR99 at Standiford Avenue ranging from operational improvements to the ramps to complete replacement of the overcrossing structures to relieve freeway and interchange congestion, enhance safety, improve business access and provide new pedestrian and bicycle paths along the north and south side of the crossing structures.
City of Modesto intends to conduct a Traffic Engineering Corridor analysis and feasibility study for the State Route 99 corridor as a separate contract endeavor. This study will include SR99 at Standiford Avenue and SR99 at Briggsmore Road interchanges along with approximately 10 signalized intersections within the sphere of influence for each interchange. This study will also analyze traffic at the SR99/Kansas Interchange to the south and the SR99/Pelandale Interchange to the north. Traffic subconsultants engaged under this Interchange PID/PAED contract will not be precluded from proposing on the separate Traffic Engineering Corridor study.
The objective of this Interchange RFP is to obtain an approved PID and PA&ED package for the Project.
The Consultant is encouraged to deliver the Project as expeditiously as possible, including advancement of environmental activities during the PID phase, to position the Project to be competitive for discretionary funding opportunities at the regional, state, and federal level.
The SR99/Standiford Interchange has been constructed in a piecemeal manner in response to changing demands and available funding over time. Now deficiencies are such that a complete overhaul is necessary to maintain flows into the future. As such an analysis must be performed to understand the Traffic Engineering first and then look for ways to make improvements. The City understands that this could result in radical changes impacting businesses and the local roadways, and is looking for innovation in moving the design forward for the future.
Initial thought is that the SR99 overcrossing needs to be reconstructed to accommodate 8 lanes of traffic on the SR99 mainline. This work is complicated by the presence of local traffic signals at less than ideal spacing in the immediate vicinity of the interchange. Interchange reconstruction and local roadway realignment will be further frustrated by the presence of a major electrical substation and drainage facility in the NE quadrant. This interchange also serves as a grade separated crossing of the Union Pacific Railroad and future expansion of the ACE Rail system. There are significant political entities that will likely oppose some or all proposed design elements. Successful proposers will advise the City on the best plan of action to address impacts of design to major retail businesses, as well as future expansion and development of the areas west of the interchange. Consultant’s task will be to successfully navigate these #13..
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City of Modesto
SR99 at Standiford Avenue/Beckwith Road
SR99 at Briggsmore Avenue
Interchange Improvement Project
issues to meet the schedule delivery as requested.
SCOPE OF WORK
The Consultant shall be familiar with and will be responsible for providing and performing all activities necessary to successfully deliver the Project through the Caltrans PID and PA&ED phases. The Consultant should identify and explain the necessity for any additional tasks not within the scope of services detailed below, including any modified assumptions, required in order to successfully deliver PID and PA&ED packages. The key elements to deliver from the scope of services are as follows:
• Project Management
• PSR-PDS
• Draft & Final Environmental Document
• Draft & Final Project Report
• Approved CEQA and NEPA Environmental Document
TASK 1: PROJECT MANAGEMENT
This task includes all work by the Consultant to effectively manage the scope, cost, and schedule of the Project. This may include but is not limited to the following activities and deliverables identified below:
A. Contract Administration:
1. Prepare and submit monthly progress reports and invoices in conformance with Sample Contract Appendix C (Consultant Payment Request Form).
2. Coordinate its in-house design staff and subconsultants to assure free and timely flow of information for each task activity.
3. Manage contract costs.
B. Project Control:
1. Prepare and obtain consensus for a Project Implementation Plan that describes the overall project methodology approach and assumptions and documentation requirements to complete PA&ED.
2. Prepare a detailed CPM milestone schedule, and submit an updated electronic file schedule on a quarterly or as-requested basis. Prepare, update, and submit a four-week Horizon Schedule at the regular PDT progress meetings.
3. Develop and maintain a QA/QC Program.
4. Prepare and update a project Engineering Project Performance Report (EPPR) that tracks actual schedule progress against baseline targeted goals.
5. Maintain project records.
6. Prepare and maintain a Risk Management Plan.
C. Project Communications:
1. Prepare and submit correspondence and memos, including all meeting minutes.
2. Maintain project factsheet, web-page information, or other public materials to update the public and elected officials of project progress.
3. Support and prepare materials such as maps and drawings as may be requested for meetings #13..
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City of Modesto
SR99 at Standiford Avenue/Beckwith Road
SR99 at Briggsmore Avenue
Interchange Improvement Project
beyond those dictated as part of the environmental process including but not limited to:
City presentations, Technical Advisory Committees, and other stakeholders.
D. Project Meetings:
1. Initiate and conduct monthly PDT (first to begin two months from NTP).
2. Coordination meetings as may be required to obtain required deliverables.
TASK 2: DEVELOP PSR-PDS
Consultant will investigate build alternatives and a No-build condition to provide traffic congestion relief and travel reliability in the corridor. The result of this task will be an approved PSR-PDS to enable an informed decision by the Project stakeholders to proceed toward Project approval. This task may include but is not limited to the following activities and deliverables identified below:
A. Develop general design concepts and related activities needed to establish the basis for final design including: Geometrics, Hydraulics, Bridge, Landscape Architecture, Traffic Electrical, Traffic Operation and Communications.
B. Collect and review all relevant mapping, reports and other information including site visits and field reviews to verify project features to support preliminary engineering design, cost estimates, right of way impacts, and environmental clearances.
C. Evaluate multi-modal elements including Bike, Pedestrian, and Mass Transit modes.
D. Prepare all necessary documents and other information to complete PSR-PDS and supporting documentation in accordance with Caltrans latest PDPM.
E. Develop a minimum of three design alternatives (variations) and the supporting documentation.
F. Determine the right of way, utilities easements, order of magnitude cost estimates and permit, agreements and license requirements for each of the design variations.
G. Prepare required reports to document various studies and design elements for value engineering opportunities, addressing those elements where it may appear that significant cost savings or other advantages can be realized.
H. Prepare a Draft PSR-PDS, and circulate to participating agencies and other interested parties for review, comment and ultimate approval.
TASK 3: DRAFT PROJECT REPORT & FINAL PROJECT REPORT
This Task includes all work necessary to prepare and obtain an approved Project Report for the Project. Caltrans will approve the Project Report following approval of the environmental document. This task may include but is not limited to the following activities and deliverables identified below:
A. Prepare Traffic Studies: includes researching, reviewing and updating existing traffic data, collecting and analyzing new data, running traffic models, preparing traffic forecasts and traffic operational analysis along with all the necessary supporting documentation. Consultant will use methodology, software and techniques accepted by Caltrans and CITY.
1. The lane opening year is assumed to be year 2030. Consultant will collect traffic data for all the intersections in the immediate vicinity of the SR99/Standiford Avenue Interchange. This includes significant commercial driveway entrance/exit connections at the Vintage Faire shopping Mall and adjacent area strip malls. A more comprehensive #13..
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City of Modesto
SR99 at Standiford Avenue/Beckwith Road
SR99 at Briggsmore Avenue
Interchange Improvement Project
study and analysis of the SR99 corridor between Standiford and Briggsmore interchanges will be provided by the Traffic Corridor Study consultant team.
2. Existing Conditions Analysis: Build two-hour AM and PM peak period models for SR99/Standiford Interchange for the limits presented above.
3. Traffic Forecasts/Modeling: Consultant should utilize the latest available data from the County’s Travel Demand Forecasting (TDF) models to develop Year 2045 AM and PM peak hour traffic forecasts based on land use assumptions from the City Land Use and Transportation Elements (LUTE). Forecasts will be prepared for the SR99 mainline and the study intersections.
B. Perform Preliminary Engineering: Includes compiling and reviewing existing data pertinent to the Project, planning activities, identifying and requesting supplemental information and surveys, establishing coordination with any adjacent projects, obtaining information and requirements for utilities, right-of-way and permits, defining and refining the study alternative, preparing base mapping, developing preliminary utility impacts, and preparing the preliminary cost estimate:
1. Data Collection and Review: Consultant should obtain and review available data and information necessary for planning and preliminary engineering of the Project. The information may be obtained from City of Modesto, Caltrans, local agencies, utility owners, and other agencies and organizations.
2. Permits: Consultant will secure permits from the appropriate entities to obtain physical access, as may be required, to confirm site conditions.
3. Base Mapping: Prepare mapping suitable for the PA&ED and with expanded details for potential use in the final design of the Project. Mapping shall be prepared in a format consistent with Caltrans drafting standards.
4. Develop Alternatives: Consultant should incorporate Complete Streets Concepts, Context Sensitive Solutions, and other urban design concepts as applicable.
5. Preliminary Cost Estimate: The preliminary cost estimate will be prepared in Caltrans DPR/PR format.
TASK 4: CEQA AND NEPA ENVIRONMENTAL DOCUMENT
This task includes all work necessary to prepare and obtain approval of the environmental document including but not limited to preparing environmental technical studies, defining the type of environmental document, preparing and circulating the documents, and public outreach.
Caltrans will be the lead agency for both CEQA and NEPA compliance. For State environmental clearance under CEQA, this Project is expected to require an Impact Statement. For Federal environmental clearance under NEPA, this Project is expected to require an Environmental Assessment.
The Consultant should expect to prepare a combined IS/EA. The determination of the actual CEQA and NEPA document type will be made based on consultation with Caltrans, City of Modesto and the PDT.
Consultant shall assume two revisions of the administrative draft prior to preparing the public draft for distribution and two iterations of the administrative final IS/EA prior to preparing the final document for environmental clearance. As such, this scope assumes that revisions will be minor to moderate and will not require additional or new analysis.
A. Environmental technical studies will be prepared in accordance with guidance from Caltrans SER and input from relevant resource agencies and local jurisdictions.
B. In accordance with Caltrans guidelines, the technical studies must be completed and approved by #13..
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City of Modesto
SR99 at Standiford Avenue/Beckwith Road
SR99 at Briggsmore Avenue
Interchange Improvement Project
Caltrans staff prior to the commencement of the environmental document.
C. An administrative draft of each technical study will be submitted to Caltrans for review.
D. It is assumed that a comment/resolution matrix will accompany comments from Caltrans, so that a record of requested revisions is available for each technical study.
E. The technical studies will be revised per Caltrans comments and a completed matrix indicating how comments have been addressed will be provided.
F. Individual meetings with Caltrans reviewers will be held to address unresolved comments followed by the preparation of a final version of the technical study. It is assumed that Caltrans will review the document on behalf of FHWA under the NEPA delegation agreement and no separate FHWA NEPA review will be required.
G. Following Caltrans District Approval of the Draft IS/EA, copies (hard copy and electronic) will be prepared for circulation.
H. Consultant should prepare the Notice of Completion and deliver 15 copies to the State Clearinghouse.
Notice of Availability in a local newspaper of general circulation will start the public review period for the Draft IS/EA. A PDF version of the Draft IS/EA also will be prepared for posting on the City of Modesto and Caltrans websites.
I. Written comments and responses from the public circulation shall be prepared. It is assumed that all comments can be addressed through revisions to the Draft IS/EA and that no technical studies shall require updates or changes.
J. Comments and Final IS/EA: Two (2) reviews of the Final IS/EA are assumed prior to Caltrans acceptance.
K. Public Outreach: Public involvement activities during the PA&ED phase will meet the requirements of CEQA/NEPA, Caltrans and City of Modesto procedures.
DELIVERABLES AND REVIEW:
PROJECT DELIVERY SCHEDULE
Consultant team will provide a proposed project development schedule that meets the above timeline or provide an alternate of its own choosing.
As CEQA/NEPA lead, Caltrans will provide oversight of the preparation of the documents required for the PID and PA&ED packages. All work products and deliverables shall be prepared in accordance with the latest Caltrans regulations, policies, procedures, manuals and standards, including compliance with FHWA requirements.
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
PID
PAED
PS&E
ROW
PS&E
ROW
Note: Phase Overlap Proposes "Design-At-Risk" Strategy
PID
PAED
YEAR 1 YEAR 2 YEAR 3 YEAR 4
INTERCHANGE DESIGN TIMELINE
PHASE
YEAR 1 YEAR 2 YEAR 3 YEAR 4
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City of Modesto
SR99 at Standiford Avenue/Beckwith Road
SR99 at Briggsmore Avenue
Interchange Improvement Project
In case of conflict, ambiguities, discrepancies, errors or omissions among the reference materials obtained by the Consultant from other agencies, the Consultant shall submit the matter to City of Modesto for clarification. Any work affected by such conflicts, ambiguities, discrepancies, errors or omissions which is performed by the Consultant before clarification by City of Modesto shall be at the Consultant's risk. Such conflicts, ambiguities, discrepancies, errors or omissions among the references shall not give rise to a claim by the Consultant for extra work unless the Consultant can demonstrate that it has incurred additional expenses as a result thereof.
All submittals of final technical reports and drawings shall be provided electronically in Adobe Acrobat PDF format or Microsoft Word format or Microsoft Word and/or Microsoft Excel format, and MicroStation format, as directed by City of Modesto. The number of required hard copy submittal shall meet Caltrans requirements. City of Modesto will require five sets of hard copies for its use.
The Consultant shall assume a minimum review time of 10 working days for City of Modesto’s review of the following documents, prior to releasing for initial review by stakeholders:
Administrative draft of PSR-PDS Administrative draft of PEAR Draft Need and Purpose Statement Draft travel model forecasts of existing and forecasted traffic Draft existing and forecasted traffic operations Administrative draft of TOAR
Administrative draft of all other environmental technical studies Draft project cost estimate Administrative draft of Design Exception Factsheets Draft public meeting displays/other meeting materials Administrative draft of IS/EA Administrative draft of Project Report Administrative draft of NOP, NOD and ROD filings.
The consultant shall assume that all other review will follow Caltrans Oversight Review timelines. #13..
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APPENDIX H
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SR99 at Briggsmore Avenue/Carpenter Road Interchange Improvement Project, RFP 2022-11 10-H Form
DIRECT LABOR
EE Classification Hours Raw Rate Total
721361 Principal-In-Charge* 48 153.30 $7,358
706983 Project Manager* 2412 134.16 $323,594
713526 Project Advisor* 468 146.57 $68,595
689607 Quality Assurance 240 83.00 $19,920
685792 Roadway Lead* 2274 120.89 $274,904
684130 Sr. Hwy Engineer 1044 81.38 $84,961
710574 Sr. Project Engineer 996 76.29 $75,985
686251 Project Engineer 812 78.51 $63,750
Staff Engineer 1244 54.80 $68,171
686696 Roadway QC* 40 117.45 $4,698
Sr. CAD Designer 384 96.09 $36,899
690779 Utiilty Engineer 216 94.15 $20,336
682806 Geotechnical QC 40 99.22 $3,969
Rail QC 24 80.09 $1,922
635302 Rail Lead 180 101.99 $18,358
632651 Structures Lead* 530 124.74 $66,112
709548 Sr. Structural Engineer 432 93.30 $40,306
709256 Structural Engineer 352 71.09 $25,024
Structural Staff Engineer 304 54.07 $16,437
684919 Structure CAD 360 49.46 $17,806
720625 Structure QC 40 136.28 $5,451
724135 Sr. Economist* 712 120.86 $86,052
646639 Economist* 700 70.00 $49,000
691581 Environmental Lead* 728 90.02 $65,535
Admin/Project Controls 788 45.76 $36,059
Labor Escalation (69 months assumed) 15.42% $228,475
Total Direct Labor 15,368 $1,709,676
Overhead 128.43% $2,195,737
Fee 10% $390,541
Total Labor $4,295,955
SUBCONSULTANTS
LSA $566,225
Crawford & Associates $101,234
Bennett Engineering $285,482
Procura 360 $54,338
AIM Consulting $114,948
NorthStar Engineering $101,649
Kittleson & Associates/ STS $385,543
Design Workshop $116,664
Myers and Sons $117,500
Sub 10 $0
Sub 11 $0
Sub 12 $0
Sub 13 $0
Sub 14 $0
Sub 15 $0
Sub 16 $0
Subtotal Subconsultants $1,843,584
Markup 5.00% $92,179
Total Subconsultants $1,935,763
EXPENSES
Printing $5,400
Postage, Travel, Misc. $9,200
Environmental Studies $17,897
Public Outreach $5,355
Hydrology/Hydraulics $1,604
Geotechnical $28,909
Traffic Studies $17,425
Value Engineering $1,602
Surveying $60,900
Subtotal Subconsultants $148,292
Markup 0% $0
Total Expenses $148,292
SUBTOTAL PROJECT COST ESTIMATE $6,380,010
CONTINGENCY 10% $638,001
TOTAL PROJECT COST ESTIMATE $7,018,011
2/10/2023
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SR99 at Briggsmore Avenue/Carpenter Road Interchange Improvement Project
LABOR ESTIMATE
AECOM LABOR SUBCONSULTANTS LABOR ODCs
ID CODE DELIVERABLE Principal-In-Charge*
Project Manager*
Project Advisor*
Quality Assurance
Roadway Lead*
Sr. Hwy Engineer
Sr. Project Engineer
Project Engineer
Staff Engineer
Roadway QC*
Sr. CAD Designer
Utiilty Engineer
Geotechnical QC
Rail QC
Rail Lead
Structures Lead*
Sr. Structural
Engineer
Structural Engineer
Structural Staff
Engineer
Structure CAD
Structure QC
Sr. Economist*
Economist*
Environmental Lead*
Admin/Project
Controls
AECOM LABOR
TOTAL
LSA
Crawford &
Associates
Bennett Engineering
Procura 360
AIM Consulting
NorthStar
Engineering
Kittleson &
Associates/ STS
Design Workshop
Myers and Sons
TOTAL LABOR
Printing
Postage, Travel,
Misc.
Environmental
Studies
Public Outreach
Hydrology/Hydraulics
Geotechnical
Traffic Studies
Value Engineering
Surveying
TOTAL COST
CVL CVL CVL CVL CVL CVL CVL CVL CVL CVL CVL CVL GEO PTL PTL STR STR STR STR STR STR ENV ENV ENV CVL SUB SUB SUB SUB SUB SUB SUB SUB SUB ODC ODC ODC ODC ODC ODC ODC ODC ODC TASK 1: Project Management 1.1 Project Management & Coordination 40 408 40 120 120 728 728 $1,500 $253,045
1.2 Invoices/Progress Reports (72) 102 72 408 582 582 $119,0831.3 Scheduling 68 72 140 140 $51,7041.4 Quality Control 8 80 24 240 40 40 24 40 496 496 $149,1841.5 Risk Management Plan 40 12 24 76 76 $29,080
1.6 Meetings
1.6.1 Kick-off Meeting 16 8 16 88 2 88 74 74 $500 $24,8491.6.2 PDT Meetings (60) 180 180 40 40 10 40 80 570 570 $3,900 $187,921
1.6.3 Technical, agency, and design coordination Meetings (25) 75 150 20 20 40 305 305 $100,236
1.6.4 Executive Team Coordination and Meetings (25 255 200 100 555 104 659 $1,000 $223,279 Task 1 Subtotal 48 1,224 284 240 634 0 0 0 0 40 0 0 40 24 68 68 0 0 0 0 40 12 0 48 756 3,526 0 0 0 0 0 0 104 0 0 3,630 $0 $6,900 $0 $0 $0 $0 $0 $0 $0 $1,138,381 TASK 2: PSR-PDS2.1 Data Collection
2.1.1 Existing Aerial Mapping 16 24 16 16 72 72 $22,6402.1.2 Review Existing Reports 24 40 40 8 24 136 136 $43,2632.1.3 Utility Investigations 16 24 40 80 160 160 $200 $43,0432.1.4 Project Site Reviews 24 32 32 8 96 96 $500 $31,506
2.2 Draft Purpose & Need 16 4 4 24 20 44 $11,789
2.3 Develop Alternatives 80 8 180 240 280 280 220 80 40 120 120 120 120 120 2,008 2,008 $485,753
2.4 Engineering Studies
2.4.1 Life Cycle Cost Analysis 240 42 42 $14,8752.4.2 Constructability Reviews 24 16 40 16 4 16 116 60 176 $55,7182.4.3 Preliminary Environmental Analysis Report (PEAR) 24 24 24 72 200 272 $59,7652.4.4 Design Standards Risk Assessment 12 2 12 40 40 40 146 146 $37,127
2.4.5 Structures PSR-PDS Cost Estimate 8 24 40 80 40 192 40 232 $55,2572.4.6 Preliminary Traffic Analysis 24 24 342 366 $6,300 $97,0792.4.7 Stormwater Evaluation 8 8 80 96 242 338 $67,5302.4.8 Right-of-Way, Utility and Railroad Impacts 40 8 40 40 40 40 208 208 $56,5902.4.9 Assess Local and Regional Planning Frameworks 8 8 8 24 24 $9,319
2.5 Cost Estimates 8 8 40 80 80 16 16 248 140 388 $89,347
2.6 Prepare PSR – PDS
2.6.1 Draft PSR – PDS 40 8 80 40 40 16 224 224 $500 $100 $70,084
2.6.2 Final PSR – PDS 20 4 40 20 20 16 120 120 $500 $100 $37,431
2.7 Funding Application Assistance 60 40 700 700 1,500 392 1,892 $518,206 Task 2 Subtotal 0 452 48 0 608 392 556 440 380 0 96 136 0 0 108 192 160 200 160 120 0 700 700 60 0 5,508 220 0 242 0 0 0 734 0 240 6,944 $1,000 $900 $0 $0 $0 $0 $6,300 $0 $0 $1,806,320TASK 3: Project Report3.1 Traffic Studies
3.1.1 Existing Conditions Report 8 8 16 120 136 $1,050 $35,543
3.1.2 Forecasting Memorandum 8 8 16 180 196 $1,050 $49,8313.1.3 Traffic Operations Analysis Report 8 8 16 332 348 $6,300 $91,2773.1.4 Interchange Area Safety Assessment 8 8 16 32 124 156 $1,050 $42,702
3.1.5 Multimodal Assessment 8 8 16 32 106 138 $1,675 $39,040
3.2 Preliminary Engineering
3.2.1 Data Collection & Site Reconnaissance 8 16 16 16 8 8 16 8 8 104 104 $500 $29,0613.2.2 Project Implementation Plan 8 8 16 16 $6,5143.2.3 Base Mapping 816 24 48 790 838 $869 $60,900 $182,3663.2.4 Modify Build Alternatives 40 8 80 80 80 80 24 16 8 24 8 16 464 464 $126,0343.2.5 Preliminary Engineering Drawings 60 80 120 120 120 120 40 40 16 716 490 280 1,486 $314,772
3.2.6 Constructability Reviews 24 16 40 16 4 16 116 80 196 $60,6533.2.7 Preliminary Cost Estimate 8 8 24 24 40 40 8 8 4 24 24 24 236 180 416 $97,841
3.3 Technical Studies
3.3.1 Right of Way (R/W) Requirements & Data Sheet 40 12 60 60 172 172 $51,2393.3.2 Preliminary Geotechnical Reports 8 16 8 32 173 205 $10,500 $50,3653.3.3 Geotechnical Design/Materials Report 8 24 8 40 386 426 $2,625 $10,500 $90,573
3.3.4 Life Cycle Cost Analysis (LCCA) 8 80 88 88 $31,1623.3.5 Draft Agreements 60 16 16 24 116 116 $39,5723.3.6 Storm Water Data Report 8 8 16 8 16 56 250 306 $60,7873.3.7 Drainage Report 24 40 40 40 144 370 514 $735 $104,157
3.3.8 Conceptual Stage Construction / TMP Data Sheet. 20 24 80 80 204 204 $46,6133.3.9 Structure Advance Planning Studies 16 24 16 160 200 120 120 240 896 896 $209,094
3.3.10 Aesthetic Guidelines 24 16 96 124 240 80 16 596 420 1,016 $202,3193.3.11 Design Standard Decision Document 24 32 60 40 40 196 196 $52,2253.3.12 Value Engineering 72 40 40 24 24 40 16 256 231 487 $500 $200 $1,602 $148,178
3.4 Prepare Project Report
3.4.1 Draft Project Report 40 8 80 120 60 24 332 332 $500 $100 $91,7403.4.2 Final Project Report 32 4 60 80 40 16 232 232 $500 $100 $65,206 Task 3 Subtotal 0 572 136 0 744 628 440 372 760 0 288 80 0 0 4 268 272 152 144 240 0 0 0 40 32 5,172 0 559 1,110 231 0 790 862 700 260 9,684 $1,500 $900 $2,625 $0 $1,604 $21,000 $11,125 $1,602 $60,900 $2,318,865 C:\Users\howard.michael\OneDrive - AECOM\Work\Proposals\Modesto\Proposal\Fee\230210\Briggsmore - AECOM Fee Estimate 2022-07-20 (002) 24 2/10/2023 #13..
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SR99 at Briggsmore Avenue/Carpenter Road Interchange Improvement Project
LABOR ESTIMATE
AECOM LABOR SUBCONSULTANTS LABOR ODCs
ID CODE DELIVERABLE Principal-In-Charge*
Project Manager*
Project Advisor*
Quality Assurance
Roadway Lead*
Sr. Hwy Engineer
Sr. Project Engineer
Project Engineer
Staff Engineer
Roadway QC*
Sr. CAD Designer
Utiilty Engineer
Geotechnical QC
Rail QC
Rail Lead
Structures Lead*
Sr. Structural
Engineer
Structural Engineer
Structural Staff
Engineer
Structure CAD
Structure QC
Sr. Economist*
Economist*
Environmental Lead*
Admin/Project
Controls
AECOM LABOR
TOTAL
LSA
Crawford &
Associates
Bennett Engineering
Procura 360
AIM Consulting
NorthStar
Engineering
Kittleson &
Associates/ STS
Design Workshop
Myers and Sons
TOTAL LABOR
Printing
Postage, Travel,
Misc.
Environmental
Studies
Public Outreach
Hydrology/Hydraulics
Geotechnical
Traffic Studies
Value Engineering
Surveying
TOTAL COST
TASK 4: CEQA & NEPA Environmental Documen4.1 Environmental Technical Studies $10,500 $10,500
4.1.1 Air Quality Study 4 8 24 36 67 103 $100 $22,702
4.1.2 Biological/Wetland/NES Assessment + Focused Plan Survey x2 4 8 24 36 206 242 $100 $47,545
4.1.3 Community Impact Assessment 4 8 24 36 166 202 $100 $40,3964.1.4 Cultural Resource Studies (ASR/HRER/HPSR/FOE) 4 8 24 24 60 332 392 $100 $73,879
4.1.5 Energy Assessment 4 8 24 36 38 74 $100 $17,5194.1.6 Farmland Assessment 4 16 24 44 110 154 $100 $33,1924.1.7 Noise Study 424 24 52 200 252 $100 $52,0834.1.8 Paleontology Review 4 8 24 36 64 100 $100 $22,166
4.1.9 Visual Impact Assessment 4 24 24 52 80 132 $100 $2,625 $33,261
4.1.10 Water Quality Assessment Report 4 16 24 44 108 152 $100 $32,835
4.1.11 Hazardous Materials/ISA 4 8 24 36 92 128 $100 $7,909 $33,6584.1.12 Geological Impact Assessment 4 8 24 36 24 60 $100 $15,0174.1.13 Phase 1 Archaeological Report 4 8 24 36 80 116 $100 $25,0264.1.14 Floodplain Evaluation 4 8 24 36 40 300 376 $100 $72,312
4.2 Environmental Document $2,147 $2,147
4.2.1 Project Purpose and Need / Project Description 8 16 4 28 240 268 $52,6624.2.2 Administrative Draft ED 8 16 40 64 931 995 $200 $185,7614.2.3 Draft EIR/EA for Public Comment 8 16 40 64 120 184 $200 $40,8134.2.4 Respond to Public Review Comments 8 16 40 64 108 172 $200 $38,669
4.2.5 Administrative Final ED 8 16 40 64 121 185 $200 $40,9924.2.6 EIR / FONSI 88 40 56 72 128 $200 $29,340
4.3 Public Outreach 60 40 24 80 2 40 246 1,088 1,334 $500 $500 $5,355 $193,968 Task 4 Subtotal 0 164 0 0 288 24 0 0 104 0 0 0 0 0 0 2 0 0 0 0 0 0 0 580 0 1,162 3,107 92 300 0 1,088 0 0 0 0 5,749 $2,900 $500 $15,272 $5,355 $0 $7,909 $0 $0 $0 $1,116,444 Total Project Hours 48 2,412 468 240 2,274 1,044 996 812 1,244 40 384 216 40 24 180 530 432 352 304 360 40 712 700 728 788 15,368 3,327 651 1,652 231 1,088 790 1,700 700 500 26,007 $5,400 $9,200 $17,897 $5,355 $1,604 $28,909 $17,425 $1,602 $60,900 $6,380,010 TOTAL HOURS BY PERCENT 0.3% 15.7% 3.0% 1.6% 14.8% 6.8% 6.5% 5.3% 8.1% 0.3% 2.5% 1.4% 0.3% 0.2% 1.2% 3.4% 2.8% 2.3% 2.0% 2.3% 0.3% 4.6% 4.6% 4.7% 5.1% 100.0% 10% Contingency $638,001
TOTAL PROJECT FEE ESTIMATE $7,018,011
C:\Users\howard.michael\OneDrive - AECOM\Work\Proposals\Modesto\Proposal\Fee\230210\Briggsmore - AECOM Fee Estimate 2022-07-20 (002) 34 2/10/2023 #13..
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SR99 at Briggsmore Avenue/Carpenter Road Interchange Improvement Project, RFP 2022-11 Fee Estimate Summary
Task 1 Task 2 Task 3 Task 4 TOTAL
Project
Management PSR-PDS Project Report
CEQA & NEPA
Environmental
Document
LABORAECOM (Civil) CVL $877,076 $735,960 $951,856 $161,998 $2,726,889 AECOM (Environmental) ENV $14,502 $349,278 $9,048 $131,194 $504,021AECOM (Geotech) GEO $9,973 $0 $0 $0 $9,973 AECOM (Structures) STR $35,011 $170,068 $224,312 $627 $430,017AECOM (Rail) PTL $22,256 $27,678 $1,025 $0 $50,959 SUBCONSULTANTSLSA LSA $0 $37,448 $0 $528,777 $566,225Crawford & Associates Crawford & Associates $0 $0 $86,928 $14,307 $101,234 Bennett Engineering Bennett Engineering $0 $41,820 $191,819 $51,843 $285,482 DBEProcura 360 Procura 360 $0 $0 $54,338 $0 $54,338 DBEAIM Consulting AIM Consulting $0 $0 $0 $114,948 $114,948 WBENorthStar Engineering NorthStar Engineering $0 $0 $101,649 $0 $101,649Kittleson & Associates/ STS Kittleson & Associates/ STS $23,586 $166,464 $195,493 $0 $385,543Design Workshop Design Workshop $0 $0 $116,664 $0 $116,664Myers and Sons Myers and Sons $0 $56,400 $61,100 $0 $117,500Sub Markup Sub Markup $1,179 $15,107 $40,400 $35,494 $92,179DIRECT COSTS Printing Printing $0 $1,000 $1,500 $2,900 $5,400
Postage, Travel, Misc. Postage, Travel, Misc. $6,900 $900 $900 $500 $9,200 Environmental Studies Environmental Studies $0 $0 $2,625 $15,272 $17,897Public Outreach Public Outreach $0 $0 $0 $5,355 $5,355 Hydrology/Hydraulics Hydrology/Hydraulics $0 $0 $1,604 $0 $1,604 Geotechnical Geotechnical $0 $0 $21,000 $7,909 $28,909Traffic Studies Traffic Studies $0 $6,300 $11,125 $0 $17,425 Value Engineering Value Engineering $0 $0 $1,602 $0 $1,602 Surveying Surveying $0 $0 $60,900 $0 $60,900
ODC Markup ODC Markup $0 $0 $0 $0 $0Contingency $113,838 $180,632 $231,886 $111,644 $638,001 TOTAL $1,252,219 $1,986,952 $2,550,751 $1,228,089 $7,018,011 Task % of Total Budget 17.8% 28.3% 36.3% 17.5% 100.0%
DBE 0.00% 2.10% 9.65% 4.22% 4.84%
WBE 0.00% 0.00% 0.00% 9.36% 1.64%
2/10/2023
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