Agenda packet, first session — Modesto City Council, April 4, 2023 (part 4 of 6)

procure, renovate if needed, and properly transition all property and evidence while maintaining proper chain of custody records.

Modesto Municipal Code (MMC) Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” Here, Suzanne McElroy, Copperopolis, CA, should be exempt from the formal bidding procedure in accordance with MMC 8-3.204(d) as this is a renewal of the current lease at which Modesto Police Department utilizes as its evidence and storage facility. Remaining in this location is the most cost-effective approach avoiding the research, labor and efforts required to secure a new facility and properly move all evidence while maintaining the chain of custody.

FISCAL IMPACT:

This expense is budgeted in cost center 19420 – MPD.Records and Support for both the current fiscal year department operating budget as well as the fiscal year 2023-2024 operating budget.

The lease will cost $3,300 per month, not to exceed $39,600 annually. The department is rounding up to $200,000 in the unlikely event there are any late fees due to processing delays. 5-YEAR
FISCAL
Cost Center (19420) Annual Total
2018 $36,960
2019 $43,230
2020 $39,600
2021 $39,600
2022 $39,600
5-YEAR TOTAL $198,990
COMMITTEE RECOMMENDATION:

Due to the time constraints of the expiring agreement, this item was not presented to Council Committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a five-year Lease Agreement with Suzanne McElroy for the Modesto Police Department Property and Evidence Facility located at 1124 F Street, Modesto, CA, for an annual estimated amount of $39,600 and a total amount not to exceed $200,000 over five years, and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

Brandon Gillespie, Chief of Police
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City Council, April 4, 2023
MPD Property & Evidence Facility Lease Agreement

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Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Lease agreement
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MODESTO CITY COUNCIL
RESOLUTION NO. 2023-?

RESOLUTION APPROVING A FIVE-YEAR LEASE AGREEMENT

WITH SUZANNE MCELROY FOR THE MODESTO POLICE

DEPARTMENT PROPERTY AND EVIDENCE FACILITY LOCATED AT
1124 F STREET, MODESTO, CA, FOR AN ANNUAL ESTIMATED
AMOUNT OF $39,600 AND A TOTAL AMOUNT NOT TO EXCEED
$200,000 OVER FIVE YEARS, AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE TO EXECUTE THE AGREEMENT
WHEREAS, the City of Modesto leases property at 1124 F Street for the Police Department’s Property and Evidence facility, and
WHEREAS, the department has leased the property since August 1994 from the McElroy family, and
WHEREAS, in on April 23, 2013, Council approved Resolution No. 2013-163 to renew the lease with an increase to the monthly lease amount, from $2,500 per month to $3,300, and
WHEREAS, at that time, the landlord agreed to install and pay for a fire suppression system to the facility, and
WHEREAS, on November 10, 2015, ownership of the property was transferred from owner Roger McElroy, to his widow, Suzanne McElroy, and WHEREAS, the current five-year lease was approved by Council on April 24, 2018, by Resolution No 2018-156, and will expire April 30, 2023, and WHEREAS, the Modesto Police Department continues to have a need to secure property and evidence collected by staff at the building located at 1124 F Street, and WHEREAS, the new lease agreement is for a five-year term, commencing on May 1, 2023, and
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WHEREAS, the new lease will be for an estimated amount not to exceed $3,300 monthly, $39,600 annually, and
WHEREAS, Modesto Municipal Code (MMC) Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to be formally bid, and
WHEREAS, however, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality”, and
WHEREAS, here, Suzanne McElroy, Copperopolis, CA, should be exempt from the formal bidding procedure in accordance with MMC 8-3.204(d) as this is a renewal of the current lease at which Modesto Police Department utilizes as its evidence and storage facility, and
WHEREAS, remaining in this location is the most cost-effective approach avoiding the research, labor and efforts required to secure a new facility and properly move all evidence while maintaining the chain of custody.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it approves a five-year lease agreement with Suzanne McElroy for the Modesto Police Department Property and Evidence facility located at 1124 F Street, Modesto, CA, for an annual estimated amount of $39,600 and a total amount not to exceed $200,000 over five years.
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BE IT FURTHER RESOLVED by the Council of the City of Modesto authorizing the City Manager, or his designee, to execute the agreement.

The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 4th day of April 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

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

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

BY: _________________________________
JOSE M. SANCHEZ, City Attorney
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Lease 1124 F Street -1-
LEASE

1. PARTIES:

This LEASE is made and entered into this _1st ___ day of ____May_________, 2023, by and between Suzanne McElroy (hereinafter referred to as "LANDLORD") and the CITY OF MODESTO, a municipal corporation (hereinafter referred to as "TENANT").

2. PREMISES:

LANDLORD hereby leases to TENANT and TENANT hereby leases from LANDLORD, on the terms and conditions hereinafter set forth, that certain real property and the building and other improvements located thereon situated in the City of Modesto, State of California, commonly known as 1124 F Street, Modesto, California [APN 106-30-01] (said real property is hereinafter called the "PREMISES.")

3. TERM:

The term of this LEASE shall be for a five (5) year period commencing on May 1, 2023, and ending on April 30, 2028, regardless of the date of execution of this LEASE.

4. RENT:

TENANT shall pay to LANDLORD as rent for the PREMISES, the sum of THREE THOUSAND THREE HUNDRED DOLLARS ($3,300.00) per month, in advance on the first day of each month during the term hereof. Rent shall be payable without notice or demand and without any deduction, off-set, or abatement in lawful money of the United States to Suzanne McElroy at the address stated herein for notices or to such other persons or such other places as the LANDLORD may designate to TENANT in writing.
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Lease 1124 F Street -2-

5. TAXES:
(a) Real property Taxes.

LANDLORD shall pay all real property taxes and general assessments levied and assessed against the PREMISES during the term of this LEASE. (b) Personal Property Taxes.

TENANT shall pay prior to the delinquency all taxes assessed against and levied upon the trade fixtures, furnishings, equipment and other personal property of TENANT contained in the PREMISES.

6. UTILITIES:

TENANT shall make all arrangements and pay for all water, gas, heat, light, power, telephone and other utility services supplied to the PREMISES together with any taxes thereon and for all connection charges.

7. ALTERNATIONS AND ADDITIONS:

TENANT shall not, without the LANDLORD'S prior written consent, make any alterations, improvements or additions in or about the PREMISES.

8. MAINTENANCE AND REPAIRS
LANDLORD shall maintain the structural integrity of the PREMISES during the term of this LEASE, and shall keep the PREMISES in such condition that it will remain habitable and/or usable for its intended purpose.

TENANT shall promptly repair any and all damage beyond normal wear and tear common in structures occupied for similar use as the PREMISES which is caused by TENANT’S use of the property.

9. HOLD HARMLESS:

TENANT shall indemnify and hold LANDLORD harmless from and against any #20..
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Lease 1124 F Street -3-
and all claims arising from TENANT'S use or occupancy of the PREMISES or from the conduct of its business or from any activity, work or things which may be permitted or suffered by TENANT in or about the PREMISES, including all damages, costs, attorney's fees, expenses and liabilities incurred in the defense of any claim or action or proceeding arising therefrom. Except for LANDLORD'S willful or negligent conduct. TENANT hereby assumes all risk of damage to property or injury to person in or about the PREMISES.

10. ASSIGNMENT AND SUBLETTING:

TENANT shall not voluntarily or by operation of law assign, transfer, sublet, mortgage, or otherwise transfer or encumber all or any part of TENANT'S interest in this LEASE or in the PREMISES without LANDLORD'S prior written consent which consent shall not be unreasonably withheld.

11. DEFAULT:

It is agreed between the parties hereto that if any rent shall be due hereunder and unpaid, or if TENANT shall default and breach any other covenant or provision of the LEASE, then the LANDLORD, after giving the proper notice required by law, may re-enter the PREMISES and remove any property and any and all persons therefrom in the manner allowed by law. The LANDLORD may, at his option, either maintain this LEASE in full force and affect and recover the rent and other charges as they become due or, in the alternative, terminate this LEASE. In addition, the LANDLORD may recover all rentals and any other damages and pursue any other rights and remedies which the LANDLORD may have against the TENANT by reason of such default as provided by law.

12. SURRENDER:

On the last day of the term of this Lease, TENANT shall surrender the PREMISES to LANDLORD in good condition, broom clean, ordinary wear and tear and damage #20..
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Lease 1124 F Street -4-
by fire and the elements excepted.

13. HOLDING OVER:

If TENANT, with LANDLORD’S consent, remains in possession of the PREMISES after expiration or termination of the term of this Lease, such possession by TENANT shall be deemed to be a tenancy from month-to-month at a rental in the amount of the last monthly rental plus all other charges payable hereunder, and upon all the provisions of this Lease applicable to such a month-to-month tenancy.

14. BINDING ON SUCCESSORS AND ASSIGNS:

Each provision of this LEASE performable by TENANT shall be deemed both a covenant and a condition. The terms, conditions and covenants of this LEASE shall be binding upon and shall inure to the benefit of each of the parties hereto, their heirs, personal representatives, successors and assigns.

15. NOTICES:

Whenever under this Lease a provision is made for any demand, notices or declaration of any kind, it shall be in writing and served either personally or sent by registered or certified United States mail, postage prepaid, addressed at the addresses as set forth below:

TO LANDLORD AT: Suzanne McElroy
2179 Oak Creek Drive
Copperopolis, CA 95228
TO TENANT AT: Brandon Gillespie
Modesto Police
Department
600 10th Street
Modesto, CA 95354
Such notice shall be deemed a waiver of any other provision hereof or of any subsequent breach by TENANT of the same or any other provisions. #20..
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Lease 1124 F Street -5-

16. WAIVERS:

No waiver by LANDLORD of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by TENANT of the same or any other provisions.

17. INSURANCE:

LANDLORD at their sole cost and expense shall maintain during the term of this Lease on the premises a policy or policies of standard fire and extended coverage insurance to the extent of at least ninety percent (90%) of full replacement thereof.

18. TERMINATION OF LEASE:

Tenant may in its sole and unfettered discretion at any time after the first thirty-six (36) months of the term of this Lease, to wit, after April 30, 2026, terminate this Lease by providing LANDLORD six (6) months written notice prior to termination date. #20..
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Lease 1124 F Street -6-

19. TIME:

Time is of the essence of this Lease.

The parties hereto hereby execute this agreement effective the date first set forth above.
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 4, 2023
Date: March 6, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Accept Closeout of Airport Layout Plan Grant No. 3-06-0153-041-2017 CONTACT: Gabe da Silva, Airport Manager, [email protected], 209-577-5319 DESCRIPTION:

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

STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The Modesto City-County Airport (Airport) is a federally obligated facility and is required to meet Federal Aviation Administration (FAA) standards. Federal Aviation Administration Regulations Part 77 – Safe, Efficient Use, and Preservation of the Navigable Airspace1 requires the Airport to comply with obstruction standards. One component of the Airport Layout Plan Update (ALPU) is to perform an obstruction survey to identify property(s) that contain obstructions to airspace for potential acquisition, enabling control of land use to remove obstructions to airspace, mainly trees. Other components of the ALPU include aviation forecasts, land use planning, new digital Geographic Information System data and aerial survey to meet new FAA standards for an Electronic Airport Layout Plan.

This project is part of the five-year Airport Capital Improvement Program (ACIP) approved by City Council Resolution No. 2016-59 and submitted to the FAA. The FAA uses this five-year ACIP to prioritize projects annually based on FAA policy and guidance and to program funding. 1 Code of Federal Regulations Part 77 - https://www.ecfr.gov/current/title-14/chapter-I/subchapter-E/part-77 #21..
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City Council April 4, 2023
Accept Closeout of Airport Layout Plan Grant No. 3-06-0153-041-2017

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

DISCUSSION:

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

The ALP is now complete, and the Airport can begin to update the Airport Capital Improvement Plan based on this project’s completion. There were no change orders associated with the project, and the project was completed within appropriate FAA program timelines. Due to the length of this project, FAA design standards changed.

After the Master Plan narrative report was prepared and approved, the Airport and FAA worked together to revise the drawing set for the future configuration/layout of the airfield to meet all airport design standards thus creating a few inconsistencies between the narrative report and the drawing set. As indicated by the FAA within their attached letter, any inconsistencies between the narrative report, and the ALP drawings sets, “The Airport Layout Plan Drawings set controls/supersedes.” The final invoicing is complete and retainage to Stantec has been released.

FISCAL IMPACT:

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

ALPU (AIP 41) Account Number Breakdown
FAA Grant 90%
Special Aviation Fund, Intergov – Federal
Aviation Administration (4320-42010) $309,777
Local Match 10% Stanislaus County Aircraft Tax Fund
(4330-74320) $34,421.53
TOTAL ALPU (AIP 41) $344,198.53
COMMITTEE RECOMMENDATION:

This item was presented to the Economic Development Committee on March 6, 2023, and the Committee recommended forwarding this item to Council for approval. #21..
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City Council April 4, 2023
Accept Closeout of Airport Layout Plan Grant No. 3-06-0153-041-2017

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RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the Airport Layout Plan Grant as complete and authorizing all necessary steps to file with the County Clerk Recorder.

Approved by:

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

1. Resolution
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MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION ACCEPTING THE AIRPORT LAYOUT PLAN GRANT AS

COMPLETE AND AUTHORIZING ALL NECESSARY STEPS TO FILE WITH

THE COUNTY CLERK RECORDER
WHEREAS, the Modesto City-County Airport (Airport) is a federally obligated facility and is required to meet Federal Aviation Administration standards (FAA); and WHEREAS, the Airport accepted a federal grant on February 12, 2017 for a complete Airport Layout Plan Update with Narrative Report; and WHEREAS, the Airport is required to comply with FAA Part 77 regulations and preserve safe and efficient use of navigable airspace; and WHEREAS, this project was part of the Airport’s five-year Airport Capital Improvement Program (ACIP); and
WHEREAS, the Airport has completed the Airport Layout Plan Update (ALPU) utilizing funds from an FAA Grant for an Airport Improvement Project known as AIP 41.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby accepts the FAA Airport Layout Plan Grant No. 3-06-0153-041-2017 (AIP 41) as complete.

BE IT FURTHER RESOLVED, that all necessary steps are authorized to be filed with the County Clerk Recorder.
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of April, 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

By: _____________________________
JOSE M SANCHEZ, City Attorney
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 4, 2023
Date: March 15, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Accept Tank 5 and 12 Recoat and Repairs Project as Complete CONTACT: Pete Kambel, Senior Civil Engineer, [email protected], 209-577-5444 DESCRIPTION:

Consider accepting the Tank 5 and 12 Recoat and Repairs Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,692,500 to Cal Sierra Construction, Inc., of Carmichael, CA. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:

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

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

BACKGROUND:

The City currently owns and operates nine water storage tanks throughout the water system of Modesto and one water storage tank in the water system of Grayson. As part of an ongoing maintenance program to extend the lifespan of the steel tanks, an inspection is required by the State Board, Division of Drinking Water, per Title 22 of the California Code of Regulations.

Inspections typically are completed on the first year of the coating application and every ten years thereafter.

On September 26, 2017, by Resolution No. 2017-270, Council approved an agreement with tank Industry Consultants (TIC), Indianapolis, IN, for tank inspection and evaluation services for the City’s existing Steel Water Storage Tanks.

Dive inspections and evaluations were completed by TIC for Tanks 4, 5, 6, 7, 8, 9 and 12.

Inspections and evaluations reported early signs of rust and or coating issues. TIC provided lists of recommendations and engineer’s estimates of the recommended improvements for staff to use to establish Capital Improvement Program (CIP) Projects. #22..
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City Council April 4, 2023
Accept Tank 5 and 12 Recoat and Repairs Project as Complete

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Tank 5, built in 1993, is located at 2400 Merle Avenue, Modesto, CA and is approximately 1.3 million gallons in size. The scope of work included modifications, structural repairs, and the preparation and recoating of the interior and exterior of Tank 5.

Tank 12, built in 2009, is located at 2616 Elm Way, Modesto, CA and is approximately 4 million gallons in size. The scope was similar to Tank 5 and includes modifications, structural repairs, and the preparation and recoating of the interior and exterior of Tank 12.

Staff completed the design and prepared bid documents.

Initially Tank 5 and Tank 12 projects were to be bid separately, with Tank 12 bidding first, followed by the bidding of Tank 5. The Tank 12 project was bid; however, the Tank 5 project was not bid.

The Tank 12 project was advertised for bids on October 13, 2020, and bids were publicly opened on November 10, 2020, pursuant to City Charter Section 1307, and seven bids were received.

All the bids received were below the engineer’s estimate, varying from 25.23% to 64.51% below.

Given the wide variance in the bids received. Staff conducted an analysis of the bids and compared to previous City projects, as well as to similar projects from other agencies. While variance was apparent in other project bids, the bid item unit costs and range of bids received for this project justified the need to re-evaluate the project specifications for opportunities to better ensure the scope of work and requirements were clearly defined.

On January 26, 2021, by Resolution 2021-018, Council approved rejecting all bids for the Tank 12 Recoat and Repairs Project and authorizing staff to re-advertise the project for bids at a future date.

Staff has since determined that the City could benefit from economy of scale by bidding both projects together. As part of the Fiscal Year 2021-2022 annual CIP budget approval process, staff proposed the project “Tank 5 and 12 Recoat and Repairs” (CIP 101334).

Additionally, given the complex nature of the inspections associated with water tank recoating and repairs, staff determined that utilizing a consulting firm that specializes in these types of inspections would provide the City with the most effective and efficient approach for this project.

DISCUSSION:

The project was advertised for bids on August 31, 2021. Bids were publicly opened on September 28, 2021, pursuant to Modesto Municipal Code section 8-3.403 and Cal Sierra Construction, Inc., Carmichael, CA, was the responsible bidder with the low bidder at 22.34% below the engineers estimate.

On December 7, 2021, by Resolution 2021-476, Council awarded a contract to Cal Sierra Construction, Inc., of Carmichael, Ca in the amount of $1,692,500. The Contractor received the Notice to Proceed with a start date of January 25, 2022. All contract work was completed on October 12, 2022.

By accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed. The City Clerk is authorized to complete all the #22..
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City Council April 4, 2023
Accept Tank 5 and 12 Recoat and Repairs Project as Complete

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necessary steps to file the County Recorder, release securities, and authorize payments totaling $1,692,500. The work is covered by a one-year warranty for any issued that may arise.

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

FISCAL IMPACT:

The total project costs were $1,975,896 which included design, construction, and construction administration costs. The total project amount originally budgeted was $4,545,000 which included $2,115,625 for the construction contract and contingency with Cal Sierra Construction, Inc., of Carmichael, CA.

However, given the nature of tank recoating and repair, and materials used, additional work may be needed to address unexpected conditions that require changes in project scope, by Resolution 2020-05 staff requested an increase in the Director’s Authority for the Construction Contingency to twenty-five (25%) to $423,125.

There were two change orders resulting in an overall increase of $0.00 and 115 working days for change order work as listed on the attached change order log. A summary of the expenditures for the overall project is listed below.
101334– UTL.Water Engineering Design “Tanks 5 & 12 Recoat and Repairs” PROJECT EXPENDITURES:

Total
Construction Contract (Cal Sierra Const. Inc.) $1,692,500 Construction Contingency $0
Construction Administration (City Staff) 10.24% $173,329 Engineering Design/Admin. (City Staff) 6.5% $110,067
TOTAL CONSTRUCTION EXPENDITURES: $1,975,896

COMMITTEE RECOMMENDATION
Both Tank 5 and Tank 12 Recoat and Repair Project were presented as separate projects to the Finance Committee on June 22, 2020, as a report on upcoming Capital Improvement construction projects. During design, it was determined that it would be advantageous to combine the projects for bidding. The Committee approved the list of projects and recommended that staff present the award of each project to Council upon successful bidding.

CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through a Statement of Exemption under CEQA Categorical Section 15301 Class 1 (b) and (d).

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the Tank 5 and 12 Recoat and Repairs Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments #22..
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City Council April 4, 2023
Accept Tank 5 and 12 Recoat and Repairs Project as Complete

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totaling $1,692,500 to Cal Sierra Construction, Inc., of Carmichael, CA.

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

1. Resolution

2. CCO Log

3. Project Suspension Form
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX
RESOLUTION ACCEPTING THE TANK 5 AND 12 RECOAT AND REPAIRS

PROJECT AS COMPLETE, AUTHORIZING ALL NECESSARY STEPS TO FILE

WITH THE COUNTY RECORDER, RELEASING SECURITIES, AND
RELEASING PAYMENTS TOTALING $1,692,500 TO CAL SIERRA
CONSTRUCTION, INC., OF CARMICHAEL, CA
WHEREAS, on September 26, 2017, by Resolution No. 2017-270, Council approved an agreement with tank Industry Consultants (TIC), Indianapolis, IN, for tank inspection and evaluation services for the City’s existing Steel Water Storage Tanks; and WHEREAS, dive inspections and evaluations were completed by TIC for Tanks 4, 5, 6, 7, 8, 9 and 12. Inspections and evaluations reported early signs of rust and or coating issues; and
WHEREAS, Tank 5, built in 1993, is located at 2400 Merle Avenue, Modesto, CA and is approximately 1.3 million gallons in size. The scope of work included modifications, structural repairs and the preparation and recoating of the interior and exterior of Tank 5; and
WHEREAS, Tank 12, built in 2009, is located at 2616 Elm Way, Modesto, CA and is approximately 4 million gallons in size. The scope was similar to Tank 5 and includes modifications, structural repairs, and the preparation and recoating of the interior and exterior of Tank 12; and
WHEREAS, initially, Tank 5 and Tank 12 projects were to be bid separately, with Tank 12 bidding first, followed by the bidding of Tank 5. The Tank 12 project was bid; however, the Tank 5 project was not bid; and
WHEREAS, Tank 12 project was advertised for bids on October 13, 2020, and bids #22..
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2 were publicly opened on November 10, 2020, pursuant to City Charter Section 1307. Seven bids were received; and
WHEREAS, all the bids received were below the engineer’s estimate, varying from

25.23% to 64.51% below; and
WHEREAS, while variance was apparent in other project bids, the bid item unit costs and range of bids received for this project justified the need to re-evaluate the project specifications for opportunities to better ensure the scope of work and requirements were clearly defined; and
WHEREAS, on January 26, 2021, by Resolution 2021-018, Council approved rejecting all bids for the Tank 12 Recoat and Repairs Project and authorizing staff to readvertise the project for bids at a future date; and WHEREAS, Staff has since determined that the City could benefit from economy of scale by bidding both projects together. As part of the Fiscal Year 2021-2022 annual CIP budget approval process, staff proposed the project “Tank 5 and 12 Recoat and Repairs”; and
WHEREAS, given the complex nature of the inspections associated with water tank recoating and repairs, staff determined that utilizing a consulting firm that specializes in these types of inspections would provide the City with the most effective and efficient approach for this project; and
WHEREAS, on August 4, 2021, by Resolution 2021-307, Council approved an agreement with CSI Services, Inc., for tank coating inspection services for Tank 5 & 12 Recoat and Repair project, in the amount of $62,500 plus $15,600 in additional services if needed, not to exceed $78,000; and
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3 WHEREAS, the project was advertised for bids on August 31, 2021, and bids were publicly opened on September 21, 2021, pursuant to Modesto Municipal Code Section 8-

3.403 and City Charter Section 1307; and
WHEREAS, Cal Sierra Construction, Inc., of Carmichael, CA, was the responsible bidder at 22.34% below engineers estimate; and
WHEREAS, on December 7, 2021, by Resolution No. 2021-476, Council awarded a contract to Cal Sierra Construction, Inc., of Carmichael, CA for the construction of the Tank 5 and 12 Recoat and Repair project for the amount of $1,692,500; and WHEREAS, the Contractor received the Notice to Proceed with a start date of January 25, 2022. All contract work was completed on October 12, 2022; and WHEREAS, the total project costs were $1,975,896 which included design, construction, and construction administration costs. The total project amount originally budgeted was $4,545,000 which included $2,115,625 for the construction contract and contingency with Cal Sierra Construction, Inc.; and
WHEREAS, the City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, established a contract change order authority of eight percent (8%) which is $135,400 for construction contracts of this dollar value. However, given the nature of tank recoating and repair, and materials used, additional work may be needed to address unexpected conditions that require changes in project scope, by Resolution 2020-05 staff requested an increase in the Director’s Authority for the Construction Contingency to twenty-five (25%) which is $423,125; and
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4 WHEREAS, there were two change orders resulting in an overall increase of $0.00 and 115 working days; and
WHEREAS, by accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that the Council awarded a contract to Cal Sierra Construction, Inc., for the construction of the Tank 5 and 12 Recoat and Repair project in the amount of $1,692,500, is hereby accepted as complete from contractor, Cal Sierra Construction, Inc., and that the City Clerk is authorized to complete all necessary steps to file the appropriate notices and documents with the County Recorder, release securities, and authorize payments totaling $1,692,500. #22..
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5 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of April, 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: _________________________________
JOSE M. SANCHEZ, City Attorney
#22..
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CHANGE
ORDER
NO. DESCRIPTION EXECUTED AMOUNT
CAUSE

UNFORSEEN

CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE

CONTRACT CHANGE ORDER LOG
Date: February 21, 2023
TIME
EXT.
2022/07 - Tank 5 & 12 Recoat and Repairs (101334) Charge Auc/CA Discretionary expenses PROJECT NUMBER AND NAME:
01 43 Additional Non-Compensatory Working Days $0.00 43 W.D. No Yes No 02 ADDITIONAL NON-COMPENSATORY WORKING

DAY EXTENSION
$0.00 72 W.D. No No Yes
Total Change Orders Processed To Date: $0.00
Original Contract Amount: $1,692,500.00
IDA To: $423,125.00
Total Working Days Time Extension: 115
Original Director's CCO Authority: $135,400.00
IDA Date: 12/7/2021
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3/6/2023
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 04, 2023
Date: March 15, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Accept Dry Creek Trail Maintenance and Orville Wright Elementary Traffic Flow and Safety Improvements Project as Complete
CONTACT: Pete Kambel, Senior Civil Engineer, [email protected], 209-577-5444 DESCRIPTION:

Consider accepting the Dry Creek Trail Maintenance and Orville Wright Elementary Traffic Flow and Safety Improvements Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $878,469 to McFadden Construction, Inc., of Stockton, CA. (Funding Source: Measure L Traffic Management and Bike and Pedestrian Funds)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

In November 2016, the voters of Stanislaus County approved the county wide, 25-year, halfpercent sales tax increase known as Measure L.

On September 04, 2018, by Resolution No. 2018-380, Council amended the approved list of projects to be funded with Measure L tax proceeds in Fiscal Year 2018-2019. The amendment allocated $685,000 for construction and design of the Dry Creek Trail Maintenance project and $506,702 for construction and design of the Orville Wright Elementary Traffic Flow and Safety Improvements project.

The Dry Creek Trail Maintenance (101126) and Orville Wright Elementary Traffic Flow and Safety Improvements (101040) project will rehabilitate deteriorated pavement and crossing on the Dry Creek Trail at Kewin Park, install Americans with Disabilities Act (ADA) improvements, install #23..
- 723 -
City Council April 4, 2023
Accept Dry Creek Trail Maintenance and Orville Wright Elementary Traffic Flow and Safety Improvements Project as Complete

Page 2 of 3 ends

traffic calming speed cushions on Edgebrook Drive and install traffic flow improvements on Monterey Avenue next to Orville Wright Elementary School.

The two projects were combined for bidding and construction purposes to take advantage of economies of scale and efficiencies in administrative costs.

DISCUSSION:

The project was advertised for bids on October 15, 2019. Bids were publicly opened on November 19, 2019, pursuant to Modesto Municipal Code Section 8-3.403 and City Charter Section 1307, and McFadden Construction, Inc., of Stockton, CA, was the apparent low bidder at

4.44% below engineers estimate.

On January 14, 2020, by Resolution No. 2020-004, Council awarded a contract to McFadden Construction, Inc., of Stockton, CA for the construction of the Dry Creek Trail Maintenance and Orville Wright Elementary Traffic Flow and Safety Improvements project for the amount of $863,152. The contractor received the Notice to Proceed with a start date of March 09, 2020. All contract work was completed on November 03, 2020.

By accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed. The City Clerk is authorized to complete all necessary steps to file the appropriate notices and documents with the County Recorder, release securities, and authorize payments totaling $878,469. The work is covered by a one-year warranty for any issues that may arise.

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

FISCAL IMPACT:

The total project costs were $1,240,341 which included design, construction, and construction administration costs. The total project amount originally budgeted was $1,321,702 which included $975,362 for the construction contract and contingency with McFadden Construction, Inc., of Stockton, CA.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 09, 2019, states that a contract of at least $250,000, but less than $1,000,000 allows Directors Authority not to exceed ten percent (10%) of the contract amount. By Council Resolution 2020-005 the Directors Authority was increased to thirteen percent (13%) to $112,210.

There were six change orders resulting in an overall increase of $15,317 for change order work as listed on the attached change order log. A summary of the expenditures for the overall project is listed below.
101126 – CED.Transportation Engineering and Design “Dry Creek Trail Maintenance” 101040 - CED.Engineering Design “Orville Wright Elementary Traffic Flow and Safety Improvement”
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City Council April 4, 2023
Accept Dry Creek Trail Maintenance and Orville Wright Elementary Traffic Flow and Safety Improvements Project as Complete

Page 3 of 3 ends

PROJECT EXPENDITURES:
101126 101040 Total
Construction Contract (McFadden Const. Inc.) $448,256 $414,896 $863,152 Construction Contingency $22,744 ($7,427) $15,317
Construction Administration (City Staff) $104,732 $71,236 $175,968 Engineering Design/Admin. (City Staff) $108,906 $76,998 $185,904 TOTAL CONSTRUCTION EXPENDITURES: $684,638 $555,703 $1,240,341

COMMITTEE RECOMMENDATION
This Dry Creek Trail Maintenance and Orville Wright Elementary Traffic Flow and Safety Improvements project was presented to the Economic Development Committee on November 06, 2019, as part of a report on upcoming construction projects. The Committee approved the list of projects and recommended that staff present the award of each project to Council upon successful bidding.

CEQA/NEPA REQUIREMENTS:

City staff prepared a Notice of Exemption No. EA/PR&N 2019-04 and the project is categorically exempt from CEQA.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the Dry Creek Trail Maintenance and Orville Wright Elementary Traffic Flow and Safety Improvements Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $878,469 to McFadden Construction, Inc., Stockton, CA.

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

1. Resolution

2. CCO Log

3. Project Suspension Forms (2)
#23..
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX

RESOLUTION ACCEPTING THE DRY CREEK TRAIL MAINTENANCE AND

ORVILLE WRIGHT ELEMENTARY TRAFFIC FLOW AND SAFETY

IMPROVEMENTS PROJECT AS COMPLETE, AUTHORIZING ALL

NECESSARY STEPS TO FILE WITH THE COUNTY RECORDER, RELEASING SECURITIES, AND RELEASING PAYMENTS TOTALING $878,469 TO MCFADDEN CONSTRUCTION, INC., STOCKTON, CA.

WHEREAS, in November 2016, the voters of Stanislaus County approved the county wide, 25-year, half-percent sales tax increase known as Measure L; and WHEREAS, on September 04, 2018, by Resolution No. 2018-380, Council amended the approved list of projects to be funded with Measure L tax proceeds in Fiscal Year 2018-2019; and
WHEREAS, the amendment allocated $685,000 for construction and design of the Dry Creek Trail Maintenance project and $506,702 for construction and design of the Orville Wright Elementary Traffic Flow and Safety Improvements project; and WHEREAS, the Dry Creek Trail Maintenance (101126) and Orville Wright Elementary Traffic Flow and Safety Improvements (101040) project will rehabilitate deteriorated pavement and crossing on the Dry Creek Trail at Kewin Park, install ADA improvements, install traffic calming speed cushions on Edgebrook Drive and install traffic flow improvements on Monterey Avenue next to Orville Wright Elementary School; and WHEREAS, the two projects were combined for bidding and construction purposes to take advantage of economies of scale and efficiencies in administrative costs; and
WHEREAS, the project was advertised for bids on October 15, 2019; and WHEREAS, bids were publicly opened on November 19, 2019, pursuant to Modesto #23..
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2 Municipal Code Section 8-3.403 and City Charter Section 1307; and WHEREAS, McFadden Construction, Inc., of Stockton, CA, was the apparent low bidder at 4.44% below engineers estimate; and
WHEREAS, on January 14, 2020, by Resolution No. 2020-004, Council awarded a contract to McFadden Construction, Inc., of Stockton, CA for the construction of the Dry Creek Trail Maintenance and Orville Wright Elementary Traffic Flow and Safety Improvements project for the amount of $863,152; and
WHEREAS, the contractor received the Notice to Proceed with a start date of March 09, 2020. All contract work was completed on November 03, 2020; and WHEREAS, the total project costs were $1,240,341 which included design, construction, and construction administration costs. The total project amount originally budgeted was $1,321,702 which included $975,362 for the construction contract and contingency with McFadden Construction, Inc., of Stockton, CA; and WHEREAS, the City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 09, 2019, states that a contract of at least $250,000, but less than $1,000,000 allows Directors Authority not to exceed ten percent (10%) of the contract amount. By Council Resolution 2020-005 the Directors Authority was increased to thirteen percent (13%) to $112,210; and WHEREAS, there were six change orders resulting in an overall increase of $15,317; and
WHEREAS, by accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed. #23..
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3 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that the Council awarded a contract to McFadden Construction, Inc., of Stockton, CA, for the construction of the Dry Creek Trail Maintenance and Orville Wright Elementary Traffic Flow and Safety Improvements project in the amount of $878,469, is hereby accepted as complete from contractor, McFadden Construction, Inc., of Stockton, CA., and that the City Clerk is authorized to complete all necessary steps to file the appropriate notices and documents with the County Recorder, release securities, and authorize payments totaling $878,469.
#23..
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4 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of April, 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: ______________________________
JOSE M. SANCHEZ, City Attorney
#23..
- 729 -
CHANGE
ORDER
NO. DESCRIPTION EXECUTED AMOUNT
CAUSE

UNFORSEEN

CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE

CONTRACT CHANGE ORDER LOG
Date: February 06, 2023
TIME
EXT.
2020/05 - Dry Creek Trail Maintenance Dont use *(101126) and Orville Wright Elementary Traffic Flow and Safety Improvements (101040)
PROJECT NUMBER AND NAME:
01 Storm Drain Manhole $7,500.00 5 W.D. No No Yes
02 Additional Asphalt At Orville Wright Elementary $3,711.24 5 W.D. No No Yes 03 10" Water Main Removal Under Proposed Culvert $874.62 3 W.D. No No Yes 04 Final Project Settlement $31,826.56 0 W.D. No Yes No 05 Additonal Working Days for Delay in Fill Soil Cert. $0.00 60 W.D. No Yes No 06 Balancing Change Order -$28,596.00 0 W.D. No Yes No
Total Change Orders Processed To Date: $15,316.42
Original Contract Amount: $863,151.60
IDA To: $112,210.00
Total Working Days Time Extension: 73
Original Director's CCO Authority: $86,315.00
IDA Date: 1/14/2020
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2/22/2023
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#23..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 04, 2023
Date: March 15, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Accept Paradise Road Pavement Rehabilitation, STPL-5059(219) Project as Complete
CONTACT: Pete Kambel, Senior Civil Engineer, [email protected] 209-577-5444 DESCRIPTION:

Consider accepting the Paradise Road Pavement Rehabilitation, STPL-5059(219) Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,791,408 to Dirt Dynasty, Inc., of Valley Springs, CA. (Funding Source: Federal Regional Surface Transportation Program (RSTP), Local Measure L Funds) STRATEGIC PLAN ELEMENT:

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

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

BACKGROUND:

The California Department of Transportation (Caltrans) authorized funding for Preliminary Engineering in June 2014 in the amount of $250,000. In July 2020, Caltrans authorized $2,080,464 in Regional Surface Transportation Program funds for construction and construction engineering.

The Paradise Road Pavement Rehabilitation, STPL-5059(219) project, rehabilitated deteriorated pavement with an asphalt rubber chip seal and/or asphalt overlay on Paradise Road from Carpenter Road to Sheridan Street. The project includes Americans with Disabilities Act (ADA) improvements, school crossing improvements and class II bicycle lanes.

DISCUSSION:

The project was advertised for bids on July 20, 2021. Bids were publicly opened on August 24, 2021, pursuant to Modesto Municipal Code section 8-3.403. Seven bids were received and Dirt Dynasty, Inc., of Valley Springs, CA, was the responsible bidder with the low bidder at 2.61% below the engineers estimate.
#24..
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City Council April 4, 2023
Accept Paradise Road Pavement Rehabilitation, STPL-5059(219) Project as Complete

Page 2 of 3 ends

On September 28, 2021, by Resolution 2021-374, Council awarded a contract to Dirt Dynasty, Inc., of Valley Springs, CA in the amount of $1,850,337. The Contractor received the Notice to Proceed with a start date of November 29, 2021. All contract work was completed on June 23, 2022.

By accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed. The City Clerk is authorized to complete all the necessary steps to file the County Recorder, release securities, and authorize payments totaling $1,791,408. The work is covered by a one-year warranty for any issued that may arise.

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

FISCAL IMPACT:

The total project costs were $2,231,164 which included design, construction, and construction administration costs. The total project amount originally budgeted was $2,745,464 which included $2,040,337 for the construction contract and contingency with Dirt Dynasty, Inc., of Valley Springs, CA.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, established a contract change order authority of eight percent (8%) $148,027 for construction contracts of this dollar value. On September 28, 2021, by Resolution 2021-375 staff requested an increase in the Director’s Authority for the Construction Contingency to $190,000 (10.26%) of the original contract price.

There were seven change orders resulting in an overall decrease of $58,929 for change order work as listed on the attached change order log. A summary of the expenditures for the overall project is listed below.
100942– CED Land Development Engineering “Paradise Rd. Pavement Rehabilitation STPL5059 (219)” PROJECT EXPENDITURES:

Total
Construction Contract (Dirt Dynasty, Inc.) $1,850,337
Construction Contingency -3.2% -$58,929
Construction Administration (City Staff) 8.1% $150,243
Engineering Design/Admin. (City Staff) 15.6% $289,513
TOTAL CONSTRUCTION EXPENDITURES: $2,231,164

COMMITTEE RECOMMENDATION
On April 5, 2021, the Economic Development Committee was presented with a list of upcoming Capital Improvement projects. The Committee approved the list of projects and recommended that staff present the award of this project to Council upon successful bidding.

CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through a Categorical Exemption under CEQA Section 15301, EA/CEDD 2021-05, filed February 10, 2021. #24..
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City Council April 4, 2023
Accept Paradise Road Pavement Rehabilitation, STPL-5059(219) Project as Complete

Page 3 of 3 ends

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the Paradise Road Pavement Rehabilitation, STPL-5059(219) Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,791,408 to Dirt Dynasty, Inc., of Valley Springs, CA.

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

1. Resolution

2. CCO Log

3. Project Suspension Form
#24..
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX

RESOLUTION ACCEPTING THE PARADISE ROAD PAVEMENT
REHABILITATION, STPL-5059(219) PROJECT AS COMPLETE,

AUTHORIZING ALL NECESSARY STEPS TO FILE WITH THE COUNTY

RECORDER, RELEASING SECURITIES, AND RELEASING PAYMENTS
TOTALING $1,791,408 TO DIRT DYNASTY, INC., OF VALLEY SPRINGS, CA WHEREAS, the California Department of Transportation (Caltrans) authorized funding for Preliminary Engineering in June 2014 in the amount of $250,000, and WHEREAS, In July 2020, Caltrans authorized $2,080,464 in Regional Surface Transportation Program (RSTP) funds for construction and construction engineering; and WHEREAS, the Paradise Road Pavement Rehabilitation, STPL-5059(219) project rehabilitated deteriorated pavement with an asphalt rubber chip seal and/or asphalt overlay on Paradise Road from Carpenter Road to Sheridan Street and also includes Americans with Disabilities Act (ADA) improvements, school crossing improvements and class II bicycle lanes, and
WHEREAS, the project was advertised for bids on July 20, 2021 and bids were publicly opened on August 24, 2021, pursuant to City Charter Section 1307, and WHEREAS, seven bids were received and Dirt Dynasty, Inc., of Valley Springs, CA was the responsible low bidder at 2.61% below engineers estimate, and WHEREAS, on September 28, 2021, by Resolution No. 2021-374, Council awarded a contract to Dirt Dynasty, Inc., of Valley Springs, CA for the construction of the Paradise Road Pavement Rehabilitation project, STPL-5059 (219) for the amount of $1,850,337, and
#24..
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2 WHEREAS, the Contractor received the Notice to Proceed with a start date of November 29, 2021. All contract work was completed on June 23, 2022, and WHEREAS, the total project costs were $2,231,164 which included design, construction, and construction administration costs. The total project amount originally budgeted was $2,745,464 which included $2,040,337 for the construction contract and contingency with Dirty Dynasty, Inc., and
WHEREAS, the City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, established a contract change order authority of eight percent (8%) $148,027 for construction contracts of this dollar value. On September 28, 2021 by Resolution 2021-375 staff requested an increase in the Director’s Authority for the Construction Contingency to $190,000 (10.2%) of the original contract price, and
WHEREAS, there were seven change orders resulting in an overall decrease of $58,929, and
WHEREAS, by accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that the Council awarded a contract to Dirty Dynasty, Inc., for the construction of the Paradise Road Pavement Rehabilitation project, STPL-5059 (219) in the amount of $1,850,337, is hereby accepted as complete from contractor, Dirty Dynasty, Inc., and that the City Clerk is authorized to complete all necessary steps to file the appropriate notices and documents with the County Recorder, release securities, and authorize payments totaling $1,791,408.
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3 BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the contract, in a form approved by the City Attorney. #24..
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4 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4thth day of April, 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: _________________________________
JOSE M. SANCHEZ, City Attorney
#24..
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CHANGE
ORDER
NO. DESCRIPTION EXECUTED AMOUNT
CAUSE

UNFORSEEN

CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE

CONTRACT CHANGE ORDER LOG
Date: March 03, 2023
TIME
EXT.
2022/05 - Paradise Road Pavement Rehabilitation, STPL-5059(219) (100942) PROJECT NUMBER AND NAME:
01 Materials Delay 05/16/22 $0.00 13 W.D. No Yes No
02 Working Through Inefficiencies 06/30/22 $0.00 15 W.D. No Yes No 03 TIME ADJUSTMENT FOR ASPHALT CURING 11/23/22 $0.00 10 W.D. No Yes No 04 ADDITIONAL HMA 11/23/22 $10,612.40 0 W.D. No Yes No
05 CURB, GUTTER, DI AT FLORETTE AND CURB/
FLATWORK 2 SHERIDAN
11/22/23 $2,178.00 0 W.D. No Yes No
06 PARADISE RD PAVEMENT REHAB 11/22/23 $1,848.00 0 W.D. No Yes No 07 Balancing Change Order 02/28/23 -$73,567.41 0 W.D. No Yes No Total Change Orders Processed To Date: -$58,929.01
Original Contract Amount: $1,850,337.00
IDA To: $190,000.00
Total Working Days Time Extension: 38
Original Director's CCO Authority: $148,027.00
IDA Date:
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3/8/2023
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 4, 2023
Date: March 7, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Award Sutter Trunk Rehabilitation Phase 2 Project CONTACT: Cristian C. Ciotau, Senior Civil Engineer
[email protected], 209-577-5260
DESCRIPTION:

Consider accepting the Plans and Specifications for the Sutter Trunk Rehabilitation Phase 2 Project and awarding a Construction Contract to A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA, in a total amount not to exceed $5,372,415; approving an Agreement with West Yost Associates, of Sacramento, CA, for Construction Management Services for a total amount not to exceed $660,000; and approving an Agreement with O’Dell Engineering for Engineering Support During Construction Services for a total amount not to exceed $59,783. (Funding: Wastewater Fund)
STRATEGIC PLAN ELEMENT:

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

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

BACKGROUND:

The Sutter Trunk begins near the intersection of Jefferson and 8th Streets and runs south on Jefferson Street, under Highway 99 to Paradise Road and Tuolumne Avenue, and continues down Sutter Avenue to the Sutter Wastewater Treatment Plant. The Sutter Trunk is approximately 13,000 feet long and conveys roughly 5% of the City’s total average dry weather flow.

The Sutter Trunk currently surcharges under existing peak wet weather flow (PWWF) conditions and is therefore hydraulically deficient. The existing capacity of the Sutter Trunk is insufficient to convey existing and build‐out peak wet weather flows.

On September 26, 2017, by Resolution 2017-371, Council approved an agreement with O’Dell Engineering, of Modesto, CA in the amount of $392,906 for Engineering Design Services for the Sutter Trunk Rehabilitation Project. The project limits extended from the intersection of Jefferson and 8th Streets, under Highway 99 to Paradise Road.
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City Council, April 4, 2023
Award Sutter Trunk Rehabilitation Phase 2 Project

Page 2 of 5 ends

Due to the size and cost of construction, the overall Sutter Trunk Rehabilitation Project has been phased. The limits of the Sutter Trunk Rehabilitation Phase 2 Project will span from North Jefferson Street and 8th Street to a manhole located on the intersection of Paradise Road and Sutter Avenue. During Phase 1, the crossing of California Highway 99 was completed. This project will tie into the highway crossing both upstream and downstream. The proposed Phase 2 rehabilitation project includes the following:
 Remove approximately 4,000 linear feet of 16-inch vitrified clay pipe (VCP) trunk line and replace with 24-inch polyvinyl chloride (PVC) pipe
 Rehabilitate 900 linear feet on Paradise Road with cure in place pipe (CIPP)  Bore under Maze Avenue by Pilot Tube Auger method (Caltrans)  Abandon existing sewer lift station
DISCUSSION:

The project was advertised for bids on December 20, 2022, having a base bid and two bid alternates. Bid Alternate No. 1 consisted of the installation of typical concrete manholes, whereas Bid Alternate No. 2 was comprised of the installation of manholes constructed out of polymer concrete. Polymer concrete is a better material for providing corrosion protection.

The bids were publicly opened on January 31, 2023, pursuant to City Charter Section 1307, and six bids were received. In accordance with Section 2.02.B of the City’s General Provisions, to ensure impartiality when selecting the bid alternates, each bidder was assigned an identification letter for their submitted bid form to the City Clerk. The bidder's names associated with the bid packages received and amounts read out were not disclosed.

Staff discussed the results and decided to choose Base Bid plus Bid Alternate No. 2. The bid amount is less than the Engineer’s Estimate, and the life cycle of Polymer concrete is superior to traditional cement concrete.

Bidder “C”; A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA, was the responsible bidder with the lowest responsive bid. The bid tabulation is attached.

The bid analysis is as follows:

Number of bids received 6
Number of bids within 10% of engineer’s estimate 1
Number of bids above the engineer’s estimate 4
Number of bids below the engineer’s estimate 2
Percent low bid is below the engineer’s estimate 12.29% A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA, was 12.29% below the engineer’s estimate. The next lowest bid was 10.79% below the engineer’s estimate, and the highest bid was 89.44% above the engineer’s estimate. Bidder competition and participation was evident as the City received six bids.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid. The award of contract for the construction of the Sutter Trunk Rehabilitation Phase 2 Project, to A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA, conforms to the Modesto Municipal Code, 8-3.203. #25..
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City Council, April 4, 2023
Award Sutter Trunk Rehabilitation Phase 2 Project

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The City’s “Change Order Approval Policy”, enacted by Council Resolution No. 94-443 on July 19, 1994, was updated by Resolution No. 2019-326 on July 9, 2019, establishing a contract change order authority of 8% for construction contracts of this dollar value. However, given the nature of this project being in industrial and residential areas, additional work may be needed to address unexpected conditions that require changes in the project scope that may exceed the Director’s Authority of 8% ($373,734) of the contract amount of $4,671,665. Staff is requesting authorization to increase the contract change order budget to 15% ($700,750) due to the location and unknown challenges.

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

Considering the size and complexity of the project, staff recommends utilizing consultants to provide Construction Management and Inspection Services. On December 21, 2022, a Request for Proposals (RFP) was issued for the Sutter Trunk Phase 2 Rehabilitation Project, to the City’s five prequalified firms who provide Construction Management and Inspection Services. Staff received proposals from three firms.

In accordance with Administrative Directive 3.1 “Selection Procedures for Professional Consultants Who Provide Architectural and Engineering Services for Capital Projects”, West Yost Associates, of Sacramento, CA, was selected as the most qualified firm for Sutter Trunk Phase 2 Rehabilitation Project. Therefore, staff is requesting approval of an agreement with West Yost Associates in the amount of $600,000, plus $60,000 in additional services (if needed), for a total amount not to exceed $660,000.

Considering the size and complexity of the project, and that O’Dell Engineering is the Engineerof-Record for the project, Engineering Support During Construction (ESDC) services will be needed from O’Dell Engineering to ensure construction of the facilities meets the original design described in the plans and specifications. The scope of work will include reviewing submittals, and requests for information and providing field engineering support. Therefore, staff is requesting approval of an agreement with O’Dell Engineering for Engineering Support During Construction in the amount of $54,348, plus $5,435 in additional services (if needed), for a total amount not to exceed $59,783.

FISCAL IMPACT:

The total estimated cost for the construction portion of this project is $6,442,198. Expenses associated with this effort are housed in the following Project:
101298 Sutter Trunk - P2 Improvements
ANTICIPATED CONSTRUCTION EXPENDITURES:

Construction Contract including Bid Alt 2 - Teichert Construction $4,671,665 Construction Contingency (15%) $700,750
Construction Management Services (West Yost Associates) $600,000 Additional Services (10%) $60,000
City Staff $200,000
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City Council, April 4, 2023
Award Sutter Trunk Rehabilitation Phase 2 Project

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Engineering Support During Construction Agreement - O’Dell Engineering $54,348 Additional Services (10%) $5,435
City Staff $150,000
TOTAL ANTICIPATED CONSTRUCTION EXPENDITURES: $6,442,198 COMMITTEE RECOMMENDATION:

The Sutter Trunk Rehabilitation Phase 2 Project, was presented to the Economic Development Committee on April 4, 2022, as part of the Upcoming Construction Project Update. The Committee approved the list of projects and recommended staff to present the award of the project to Council upon successful bidding.

CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through a Categorical Exemption under CEQA Section Article 19, Section 15301 class1 (b).

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving Plans and Specifications for the Sutter Trunk Rehabilitation Phase 2 Project, accepting the bid, and approving a Construction Contract with A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA, in the amount of $4,671,665 plus $700,750 in contingency (if needed), for a total amount not to exceed $5,372,415 and authorizing the City Manager, or his designee, to execute the Agreement.

Resolution authorizing an increase in the Director’s authority to issue Change Orders for the Sutter Trunk Rehabilitation Phase 2 Project from 8% ($373,734) to 15% ($700,750) of the construction contract price of $4,671,665 with A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA.

Resolution approving an Agreement with West Yost Associates, of Sacramento, CA, for Construction Management Services for the Sutter Trunk Rehabilitation Phase 2 Project in an amount not to exceed $600,000 for the identified scope of services, plus $60,000 in additional services (if needed), for a total amount not to exceed $660,000 and authorizing the City Manager, or his designee, to execute the Agreement.

Resolution approving an Agreement with O’Dell Engineering, of Modesto, CA, for Engineering Support during Construction Services for the Sutter Trunk Rehabilitation Phase 2 Project, in the amount of $54,348 for the identified scope of services, plus $5,435 in additional services (if needed), for a total amount not to exceed $59,783 and authorizing the City Manager, or his designee, to execute the Agreement.

Resolution amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $1,455,000 to be transferred into the project from Wastewater Fund Reserves to fund the construction phase of the Sutter Trunk Rehabilitation Phase 2 Project and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.

Approved by:

William Wong, Director of Utilities
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City Council, April 4, 2023
Award Sutter Trunk Rehabilitation Phase 2 Project

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Joseph P. Lopez, City Manager
Attachments:

1. Resolutions (5)

2. Construction Contract with A. Teichert & Son, Inc. dba Teichert Construction & Financial Interest Disclosure Form

3. West Yost - Construction Management Agreement & Exhibits

4. O’Dell Engineering - Engineering Support During Construction Agreement & Exhibits

5. Bid Results
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1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE
SUTTER TRUNK REHABILITATION PHASE 2 PROJECT, ACCEPTING THE BID, AND APPROVING A CONSTRUCTION CONTRACT WITH A. TEICHERT & SON, INC. DBA TEICHERT CONSTRUCTION, OF ROSEVILLE, CA, IN THE AMOUNT OF $4,671,665 PLUS $700,750 IN CONTINGENCY (IF NEEDED), FOR A TOTAL AMOUNT NOT TO EXCEED $5,372,415 AND AUTHORIZING THE

CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT WHEREAS, the Sutter Trunk currently surcharges under existing peak wet weather flow conditions and is therefore hydraulically deficient, and WHEREAS, the Sutter Trunk is approximately 13,000 feet long and conveys approximately 5% of the City’s total average dry weather flow, and WHEREAS, the Project was advertised for bids on December 20, 2022, and WHERAS, on January 31, 2023, bids were publicly opened, pursuant to City Charter Section 1307; Six bids were received and A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA, was the responsible bidder with the lowest responsive bid, and
WHEREAS, the Modesto Municipal Code 8-3.203 states that all purchases, in excess of fifty thousand dollars ($50,000), or when directed by the City Manager for any purchase of fifty thousand dollars ($50,000) or less, shall follow formal bid procedures, and
WHEREAS, the award of bid for the Sutter Trunk Rehabilitation Phase 2 Project conforms to the Modesto Municipal Code based on providing the overall lowest cost, while providing improved service, and
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WHEREAS, the Director of Utilities has recommended that the bid of $4,671,665 received from A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA, be accepted as the lowest responsible and responsive bid and the contract be awarded to A.

Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the plans and specifications for the Sutter Trunk Rehabilitation Phase 2 Project and accepts the bid of $4,671,665 plus $700,750 in contingency (if needed) for a total amount not to exceed $5,372,415 and award A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA, the contract for the Sutter Trunk Rehabilitation Phase2 Project.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the contract, in a form approved by the City Attorney. #25..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of April 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION AUTHORIZING AN INCREASE IN THE DIRECTOR’S

AUTHORITY TO ISSUE CHANGE ORDERS FOR THE SUTTER TRUNK
REHABILITATION PHASE 2 PROJECT FROM 8% ($373,734) TO 15% ($700,750) OF THE CONSTRUCTION CONTRACT PRICE OF $4,671,665 WITH A. TEICHERT & SON, INC. DBA TEICHERT CONSTRUCTION, OF

ROSEVILLE, CA
WHEREAS, the City’s “Change Order Approval Policy”, enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, established a contract change order budget of 8% for projects between $1 Million and $10 Million, and
WHEREAS, given the nature and complexity of this project with deep shoring and excavation for the replacement of the existing sewer trunk, additional work may be needed to address unexpected conditions that require changes in the project scope that may exceed the Director’s Authority of 8% ($373,734) of the contract amount of $4,671,665, and
WHEREAS, staff is requesting authorization to increase the Directors authority to issue change orders to 15% ($700,750) of the contract amount of $4,671,665 due to the nature of the project, location and the unknown challenges.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby authorizes an increase in the Director of Utilities authority to issue change orders for Sutter Trunk Rehabilitation Phase 2 Project from 8% ($373,734) to 15% ($700,750) of the construction contract price of $4,671,665 with A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA.
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of April 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING AN AGREEMENT WITH WEST YOST

ASSOCIATES, OF SACRAMENTO, CA, FOR CONSTRUCTION

MANAGEMENT SERVICES FOR THE SUTTER TRUNK REHABILITATION PHASE 2 PROJECT IN AN AMOUNT NOT TO EXCEED $600,000 FOR THE IDENTIFIED SCOPE OF SERVICES, PLUS $60,000 IN ADDITIONAL

SERVICES (IF NEEDED), FOR A TOTAL AMOUNT NOT TO EXCEED
$660,000 AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE TO

EXECUTE THE AGREEMENT
WHEREAS, considering the size and complexity of the Sutter Trunk Rehabilitation Phase 2 Project, staff recommends utilizing a consultant to provide Construction Management and Inspection Services, and
WHEREAS, on March 28, 2020, by Resolution No. 2020-201, Council approved a pre-qualified consultant list for Construction Management and Inspection Services for various Capital Improvement Program projects, and
WHEREAS, on December 21, 2022, a Request for Proposals (RFP) was issued for the Sutter Trunk Rehabilitation Phase 2 Project, to the City’s five prequalified firms who provide Construction Management and Inspection Services, and WHEREAS, staff received proposals from three firms, and WHEREAS, 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. However, staff proceeded with the RFP process pursuant to Administrative Directive 3.1 and recommends approval of an agreement with West Yost Associates, of Sacramento, CA, for Construction Management and Inspection Services for the Sutter Trunk Rehabilitation Phase 2 Project. #25..
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NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves an agreement with West Yost Associates, of Davis, CA, in the amount of $600,000, plus $60,000 in additional services (if needed), for a total amount not to exceed $660,000 for Construction Management and Inspection Services for the Sutter Trunk Rehabilitation Phase 2 Project.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the agreement in a form approved by the City Attorney. #25..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of April 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
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1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION APPROVING AN AGREEMENT WITH O’DELL

ENGINEERING, OF MODESTO, CA, FOR ENGINEERING SUPPORT DURING

CONSTRUCTION SERVICES FOR THE SUTTER TRUNK REHABILITATION PHASE 2 PROJECT, IN THE AMOUNT OF $54,348 FOR THE IDENTIFIED SCOPE OF SERVICES, PLUS $5,435 IN ADDITIONAL SERVICES (IF NEEDED), FOR A TOTAL AMOUNT NOT TO EXCEED $59,783 AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE AGREEMENT
WHEREAS, on September 26th, 2017, by Resolution No. 2017-371, Council approved an agreement with O’Dell Engineering (O’Dell) for Engineering Design Services for the Sutter Trunk Rehabilitation project, and WHEREAS, considering the size and complexity of the Sutter Trunk Rehabilitation Phase 2 project, and that O’Dell is the Engineer-of-Record for the project, Engineering Support During Construction will be needed from O’Dell to ensure construction of the facilities meets the original design described in the plans and specifications, and
WHEREAS, Administrative Directive 3.1 allows for an accelerated selection process, if in the best interest of the City, where a consultant may be secured for specific projects to provide professional services, and
WHEREAS, in accordance with Modesto Municipal Code 8-3.204 Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an agreement with O’Dell Engineering, for Engineering Support #25..
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During Construction for the Sutter Trunk Rehabilitation Phase 2 Project in an amount not to exceed $54,348 for the identified scope of services, plus $5,435 for additional services, if needed, for a maximum total amount of $59,783.

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

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of April 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION AMENDING THE FISCAL YEAR 2022-23 CAPITAL
IMPROVEMENT PROGRAM BUDGET IN THE AMOUNT OF $1,455,000 TO

BE TRANSFERRED INTO THE PROJECT FROM WASTEWATER FUND

RESERVES TO FUND THE CONSTRUCTION PHASE OF THE SUTTER
TRUNK REHABILITATION PHASE 2 PROJECT AND AUTHORIZING THE

CITY MANAGER, OR HIS DESIGNEE, TO IMPLEMENT THE PROVISIONS

OF THIS RESOLUTION
WHEREAS, certain budgetary transactions are necessary in the amount of $1,455,000, in order to fund the Sutter Trunk Rehabilitation Phase 2 Project, and WHEREAS, the Fiscal Year 2022-23 Capital Improvement Program budget must be amended.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $1,455,000.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #25..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of April 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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CONSTRUCTION MANAGEMENT AGREEMENT FOR THE
SUTTER TRUNK REHABILITATION - PHASE 2 PROJECT
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 WEST YOST ASSOCIATES, a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that Construction Management Services are necessary for the Sutter Trunk Rehabilitation - Phase 2 Project.

B. Consultant represents that it is qualified, willing and able to provide the aforementioned services.

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

1. SCOPE OF SERVICES.

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

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and #25..
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performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

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

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed SIX HUNDRED THOUSAND AND 00/100 DOLLARS ($600,000) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.

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

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project. #25..
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Additional services may be authorized by the City Manager in an amount up to, but not to exceed ten percent (10%) of the agreed maximum compensation, or SIXTY THOUSAND AND 00/100 DOLLARS ($60,000). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed SIX HUNDRED SIXTY THOUSAND AND 00/100 DOLLARS ($660,000). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.

4. OBLIGATIONS OF CONSULTANT.

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

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

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

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

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

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

8. INTEREST OF CONTRACTOR.

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

9. AMENDMENTS.

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

Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services. #25..
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10. INDEPENDENT CONTRACTOR.

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

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

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

Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement.

Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.
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If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

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

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

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

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

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

FOR CONSULTANT: Name: West Yost Associates
Address: 8950 Cal Center Drive
Building 1, Suite 363
Sacramento, CA 95826
Attention: JP Davis
Phone: (916) 306-2250
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street
Suite 4600
Modesto, CA 95354
Attention: Cristian Ciotau
Phone (209) 577-5260
Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall #25..
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provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises #25..
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and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special #25..
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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.

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft. #25..
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Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and 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 #25..
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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. #25..
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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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16. CERTIFIED PAYROLL REQUIREMENT.

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

17. INDEMNITY.

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

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

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration #25..
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Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.

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

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

Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.
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Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

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

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.
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The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

21. WAIVER.

The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing. #25..
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22. AUDIT.

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

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

23. GOVERNING LAW.

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

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

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

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #25..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023- , adopted by the Council of the City of Modesto on the day of , 2023, and WEST YOST ASSOCIATES has caused this agreement to be duly executed in duplicate as of the Effective Date. #25..
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8950 Cal Center Drive
Building 1, Suite 363
Sacramento, CA 95826
916.306.2250 phone
530.756.5991 fax
westyost.com
February 13, 2023
Steven Castillo, Assistant Engineer
City of Modesto, Utilities Department
City Clerk’s Office
1010 Tenth Street, Suite 6600
Modesto, California 95353
RE: Revised Estimate of Costs for Construction Management Services for the Sutter Sewer Trunk Rehabilitation Phase 2 Project, RFP 2022-20
Dear Steven:

West Yost is pleased to submit the attached Estimate of Costs for the Sutter Sewer Trunk Rehabilitation Phase 2 Project, RFP 2022-20 for the City of Modesto’s (City) review and consideration. Please note, the following assumptions were used in putting together the estimate:

Start Date 3/6/2023
Completion Date 2/22/2024
Duration (Months) 12
Duration – Calendar Days (CDs) 353
Duration – Working Days (WDs) 240
Max Hours (WDs x 8 hr/day) 1,920
RFP Estimated Construction Cost $6,000,000
Overhead Direct Costs (ODCs) – Vehicle Estimate based on vehicle usage rate on attached rate sheet West Yost will perform the Scope of Services described in our proposal, provided under separate cover, on a time-andexpenses basis, at the billing rates set forth in West Yost’s Billing Rate Schedule, attached, with a not-to-exceed budget of $600,000. A breakdown of our fee is provided in the Fee Sheet. We welcome the opportunity to discuss our fee estimate with the City and are open to negotiation if the City feels certain aspects of the scope are not warranted or if other items should be included. Likewise, West Yost is open to discussion regarding the addition, removal, and/or adjustment of each staff member’s percentage of involvement, as the City sees fit. If you have any questions or would like to discuss any aspect of this proposal, please contact Project Manager J.P. Davis.

Sincerely,

WEST YOST
J.P. Davis, PE, CCM, QSP/QSD Greg Chung, PE
Construction Management Business Sector Leader Vice President Project Manager 925.949.5804
530.400.8781 [email protected]
[email protected]

EXHIBIT A
1 #25..
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Principal
Engineer/Scienti
st/Geologist II
Construction
Manager IV
Construction
Manager IV
Construction
Manager I
Resident
Inspector
(Prevailing Wage -
Group 2)
Technical
Analyst II QC Review
West Yost Associates
PROJECT: Sutter Trunk Rehab Phase 2 Project

PE/PS/PG II
$307
Kathryn G.

CM IV
$283
JP D.

CM IV
$283
Ted D.

CM I
$197
Abel U.

RI_G2
$213
Jesse S.

TA II
$152
Amy R.

P
$338
Eric H.

Labor

C&A CPT
Costs
Hours Fee Sub.
w/ markup
10%
Other
Direct
Total
Costs
Task 1 Pre-Construction Phase

1.01 Construction Management Work Plan 2 8 8 8 2 28 $ 7,034 $ 7,034

1.02 Pre-Construction Conference 2 2 2 2 4 12 $ 2,560 $ 2,560

1.03 Pre-Construction Photograph & Video Documentation 24 24 $ 4,728 $ 4,728

1.04 Environmental & Permitting Compliance 8 8 16 $ 3,480 $ 3,480 Subtotal, Task 1 (hours) 2 10 18 26 2 20 2 80
Subtotal, Task 1 ($) $ 614 $ 2,830 $ 5,094 $ 5,122 $ 426 $ 3,040 $ 676 $ 17,802 $ 17,802 Task 2 Construction Phase

2.01 Site Safety 36 12 48 $ 8,916 $ 8,916

2.02 Correspondence/Document Control 12 36 96 144 $ 25,080 $ 25,080

2.03 RFIs 10 10 20 40 $ 7,840 $ 7,840

2.04 Submittals 10 20 40 70 $ 12,850 $ 12,850

2.05 Schedule Management 12 12 24 $ 5,760 $ 5,760

2.06 Progress Payments 18 8 26 $ 4,762 $ 4,762

2.07 Labor Compliance 16 72 88 $ 14,096 $ 14,096

2.08 Change Orders 4 20 20 8 2 54 $ 12,624 $ 12,624

2.09 Dispute/Claim Resolution 4 16 8 2 30 $ 7,912 $ 7,912

2.10 Progress Meetings 24 24 24 96 168 $ 32,904 $ 32,904

2.11 Monthly Status Reports 36 36 72 $ 12,564 $ 12,564
Quality Assurance Inspection/Materials Testing & Special

2.12 Inspections 1372 1372 $ 292,236 $ 59,905 $ 65,895 $ 358,131

2.13 As-Built Record Drawings 36 36 $ 7,092 $ 7,092

2.14 Public Outreach 20 20 $ 3,940 $ 25,199 $ 27,719 $ 31,659

2.15 Testing, Startup, and Commissioning 20 20 40 $ 9,920 $ 9,920 Subtotal, Task 2 (hours) 0 32 124 292 1392 388 4 2232
Subtotal, Task 2 ($) $ 9,056 $ 35,092 $ 57,524 $ 296,496 $ 58,976 $ 1,352 $ 458,496 $ 59,905 $ 25,199 $ 93,614 $ 552,110 Task 3 Post-Construction Phase

3.01 Punch List & Final Inspection 8 8 16 $ 3,280 $ 3,280

3.02 Receipt of Closeout Deliverables 8 4 12 $ 2,184 $ 2,184

3.03 Final Payment Processing 8 4 12 $ 2,184 $ 2,184

3.04 Project Closeout & Final Acceptance 2 2 8 4 2 18 $ 4,040 $ 4,040 Subtotal, Task 3 (hours) 2 0 2 32 8 12 2 58
Subtotal, Task 3 ($) $ 614 $ 566 $ 6,304 $ 1,704 $ 1,824 $ 676 $ 11,688 $ 11,688 Task 4 ODCs

4.01 Vehicle 0 $ 18,400 $ 18,400
Subtotal, Task 4 (hours) 0 0 0 0 0 0 0 0
Subtotal, Task 4 ($) $ 18,400 $ 18,400
TOTAL (hours) 4 42 144 350 1,402 420 8 2,370
TOTAL ($) $ 1,228 $ 11,886 $ 40,752 $ 68,950 $ 298,626 $ 63,840 $ 2,704 $ 487,986 $ 59,905 $ 25,199 $ 93,614 $ 18,400 $ 600,000

EXHIBIT A
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West Yost 2023 Billing Rate Schedule
(Effective January 1, 2023 through December 31, 2023)*
Positions Labor Charges (Dollars per Hour)

ENGINEERING
Principal/Vice President $338
Engineer/Scientist/Geologist Manager I / II $319 / $334 Principal Engineer/Scientist/Geologist I / II $288 / $307 Senior Engineer/Scientist/Geologist I / II $259 / $272
Associate Engineer/Scientist/Geologist I / II $215 / $231 Engineer/Scientist/Geologist I / II $173 / $201
Engineering Aide $101
Field Monitoring Services $125
Administrative I / II / III / IV $92 / $115 / $138 / $152

ENGINEERING TECHNOLOGY
Engineering Tech Manager I / II $332 / $334
Principal Tech Specialist I / II $305/ $315
Senior Tech Specialist I / II $279 / $291
Senior GIS Analyst $252
GIS Analyst $239
Technical Specialist I / II / III / IV $178 / $203 / $228 / $254 Technical Analyst I / II $128 / $152
Technical Analyst Intern $103
Cross-Connection Control Specialist I / II / III / IV $133 / $144 / $162 / $180 CAD Manager $201
CAD Designer I / II $156 / $176

CONSTRUCTION MANAGEMENT
Senior Construction Manager $322
Construction Manager I / II / III / IV $197 / $211 / $224 / $283 Resident Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1) $172 / $191 / $213 / $221 Apprentice Inspector $156
CM Administrative I / II $83 / $112
Field Services $221
■ Hourly rates include Technology and Communication charges such as general and CAD computer, software, telephone, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses. ■ Outside Services such as vendor reproductions, prints, shipping, and major West Yost reproduction efforts, as well as Engineering Supplies, etc. will be billed at actual cost plus 15%. ■ The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred. Travel other than mileage will be billed at cost. ■ Subconsultants will be billed at actual cost plus 10%. ■ Expert witness, research, technical review, analysis, preparation and meetings billed at 150% of standard hourly rates. Expert witness testimony and depositions billed at 200% of standard hourly rates. ■ A Finance Charge of 1.5% per month (an Annual Rate of 18%) on the unpaid balance will be added to invoice amounts if not paid within 45 days from the date of the invoice.
* This schedule is updated annually
WEST YOST City of Modesto | Construction Management Services for the Sutter Sewer Trunk Rehabilitation Phase 5 2 Project, RFP 2022-20 | January 31, 2023

EXHIBIT B
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West Yost 2023 Billing Rate Schedule (continued)
(Effective January 1, 2023 through December 31, 2023)*
Equipment Charges

EQUIPMENT BILLING RATES
2" Purge Pump & Control Box $300 / day
Aquacalc / Pygmy or AA Flow Meter $28 / day
Emergency SCADA System $35 / day $35 / day
Field Vehicles (Groundwater) $1 / mile
Gas Detector $80 / day
Generator $60 / day
Hydrant Pressure Gauge $10 / day
Hydrant Pressure Recorder, Impulse (Transient) $55 / day Hydrant Pressure Recorder, Standard $40 / day
Low Flow Pump Back Pack $135 / day
Low Flow Pump Controller $200 / day
Powers Water Level Meter $32 / day
Precision Water Level Meter 300ft $30 / day
Precision Water Level Meter 500ft $40 / day
Precision Water Level Meter 700ft $45 / day
QED Sample Pro Bladder Pump $65 / day
Stainless Steel Wire per foot $0 / day $0 / day
Storage Tank $20 / day
Sump Pump $24 / day
Transducer Components (per installation) $23 / day
Trimble GPS – Geo 7x $220 / day
Tube Length Counter $22 / day
Turbidity Meter $30 / day
Vehicle (Construction Management) $10 / hour
Water Flow Probe Meter $20 / day
Water Quality Meter $50 / day
Water Quality Multimeter $185 / day
Well Sounder $30 / day
* This schedule is updated annually
6 WEST YOST

EXHIBIT B
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-1-

ENGINEERING SUPPORT DURING CONSTRUCTION AGREEMENT FOR THE SUTTER TRUNK REHABILITATION - PHASE 2 PROJECT
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 O’DELL ENGINEERING, a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that Engineering Support During Construction is necessary for the Sutter Trunk Rehabilitation - Phase 2 Project.

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

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

1. SCOPE OF SERVICES.

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and #25..
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performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed FIFTY-FOUR THOUSAND THREE HUNDRED FORTY-EIGHT AND 00/100 DOLLARS ($54,348) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.

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

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project. #25..
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Additional services may be authorized by the City Manager in an amount up to, but not to exceed ten percent (10%) of the agreed maximum compensation, or FIVE THOUSAND FOUR HUNDRED THIRTY-FIVE AND 00/100 DOLLARS ($5,435). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed FIFTY-NINE THOUSAND SEVEN HUNDRED EIGHTY-THREE AND 00/100 DOLLARS ($59,783). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.

4. OBLIGATIONS OF CONSULTANT.

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

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

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

7. NEWS AND INFORMATION RELEASE.

8. INTEREST OF CONTRACTOR.

9. AMENDMENTS.

10. INDEPENDENT CONTRACTOR.

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

Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.
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If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

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

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

13. NOTICES.

FOR CONSULTANT: Name: O’Dell Engineering
Address: 1165 Scenic Drive
Suite A
Modesto, CA 95350
Attention: Stephanie Kong
Phone: (209) 571-1765
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street
Suite 4600
Modesto, CA 95354
Attention: Cristian Ciotau
Phone (209) 577-5260
Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall #25..
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provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises #25..
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and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special #25..
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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.

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft. #25..
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Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and 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 #25..
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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. #25..
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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.

16. CERTIFIED PAYROLL REQUIREMENT.

17. INDEMNITY.

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration #25..
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Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

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

Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.
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Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.
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The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.

19. ENTIRE AGREEMENT.

20. PARTIAL INVALIDITY.

21. WAIVER.

22. AUDIT.

23. GOVERNING LAW.

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

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #25..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023- , adopted by the Council of the City of Modesto on the _ day of , 2023, and O’DELL ENGINEERING has caused this agreement to be duly executed in duplicate as of the Effective Date. #25..
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CIVIL ENGINEERING PROPOSAL
M:\_Finance\33340 Sutter Trunk Rehab & Reliability PW\Extra Work\PROPOSAL-2023-02-08-33340.docx

PROPOSAL
O’Dell Engineering
p:209.571.1765
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com 1 Date: February 9, 2023
To: Paul King
City of Modesto

From: Stephanie Kong, Email: [email protected] Re: Sutter Trunk Rehabilitation / 33340
Scope of Work
Task 1 –Bid and Construction Period Services (Phase 2)
 Provide technical support to City regarding bid addendum.  Review and respond to contractor inquiries during construction, including Requests for Information (RFI); includes up to 30 RFI’s.
 Review and approve contractor submittals and shop drawings; includes up to 24 submittals and 12 resubmittals.  Attend periodic site meetings during construction with City personnel and contractors, as requested; Includes up to 3 meetings.
 Prepare record drawings based on marked-up as-built plans provided by the contractor.

DELIVERABLES:
 Bid Addendum Supplements (Word & PDF File)
 Reviewed Submittals (PDF file)
 RFI Responses (PDF file)
 Record Drawings, Phase 1 (Mylar hard copy, CAD & PDF files) Task 1 Cost: Time and Materials, Estimated Budget $54,348 (Includes Hydroscience Engineers, Inc. time)
Client to Provide:
 Any agency fees
Exclusions:
 Excludes all agency fees
 Excludes geotechnical work
 Excludes construction management
 Excludes inspection and testing
 Excludes construction staking
 Excludes attendance at pre-bid and pre-construction meetings  Excludes review and response to bidders technical questions/Requests For Clarification (RFC) during bid

EXHIBIT A
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Project Fees by Task
PROJECT: Sutter Trunk Sewer Rehabilitation - Phase 2
CLIENT: City of Modesto Project Manager Engineer 2 Assistant Engineer 2 Admin Reimburasables Project Manager Project Engineer Staff Engineer Expenses HydroScience Total (incl. 10% Mark-up) Task Subtotal $215.00 $180.00 $145.00 $96.00 Flat $288.00 $252.00 $194.00

TASK/DESCRIPTION
1A 1.A Bid Services - Phase 2 $2,671.60
Support with Addenda (1 total) 2 4 1 1 4 $0.00 $1,425.60 $2,671.60 1B 2.A ESDC - Phase 2 $51,676.40
Submittals (~24 Submittals and ~12 Resubmittals) 2 30 8 6 16 28 $0.00 $12,311.20 $19,301.20 RFIs (~30) 5 24 8 4 8 16 $0.00 $6,899.20 $13,454.20
Onsite Field Assistance (3, two-hour visits) 3 4 $62.00 2 8 16 $6,265.60 $7,692.60 Prepare Record Drawings 6 20 1 $350.00 8 20 $6,802.40 $11,228.40 TOTAL HOURS 12 68 36 2 21 36 80 118 255
TOTAL COST $2,580 $12,240 $5,220 $192 $412 $6,048 $9,072 $15,520 $0.00 $51,284.00 10% SUB-CONSULTANT MARK_UP $605 $907 $1,552 $0 $3,064.00 GRAND TOTAL $2,580 $12,240 $5,220 $192 $412 $6,653 $9,979 $17,072 $0.00 $54,348.00 O'Dell HydroScience

EXHIBIT A
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K:\CONTRACTS\Fee Schedules\Fee Schedule (July 2022).doc O’Dell Engineering

FEE SCHEDULE
July 2022
Classification: Regular Hourly Rate:

Principal $280
Senior Civil Engineer $215
Senior Engineer 2 $200
Senior Engineer 1 $185
Engineer 2 $180
Engineer 1 $170
Assistant Engineer 2 $145
Assistant Engineer 1 $130
Senior Landscape Architect 2 $200
Senior Landscape Architect 1 $180
Landscape Architect 2 $170
Landscape Architect 1 $160
Landscape Designer 3 $155
Landscape Designer 2 $145
Landscape Designer 1 $135
Planner $175
Assistant Planner $140
Dry Utility Project Manager 2 $170
Dry Utility Project Manager 1 $150
Utility Engineer $135
CADD Operator 2 $115
CADD Operator 1 $95
Surveyor Manager $205
Senior Land Surveyor $195
Senior Surveyor 2 $190
Senior Surveyor 1 $170
Surveyor 2 $150
Surveyor 1 $140
Assistant Surveyor 2 $130
Assistant Surveyor 1 $115
Survey Crew 2-man/1-man $320/$180
Survey Crew 2-man/1-man (Prevailing Wage) $396/$225
Administrative $96
Outside Services & Reproduction: Actual cost plus 10%
Cost of services and expenses charged to O’Dell Engineering by outside consultants, commercial printers, and professional or technical firms engaged in connection with the project.

Travel: Actual cost plus 10%
Mileage, per diem, and subsistence are not normally charged to the client unless specific prior authorization is negotiated between client and consultant.

EXHIBIT B
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Labor Classification 2023 Hourly Rate
Principal $288
Engineer IX $277
Engineer VIII $267
Engineer VII $252
Engineer VI $241
Engineer V $230
Engineer IV $220
Engineer III $204
Engineer II $194
Engineer I $178
Engineering Aide $105
Construction Professional VI $190
Construction Professional V $180
Construction Professional IV $170
Construction Professional III $160
Construction Professional II $145
Construction Professional I $135
Cross Connection Control Specialist $130
CAD Manager $150
CAD Designer $130
Marketing Professional $115
Administrative II $105
Administrative $90
Hourly billing rates include postage and telephone charges that are normal to the work authorized. Other direct costs for travel, reproduction, mail service, outside services, etc. will be invoiced at 110 percent of the actual cost. Rates for expert witness services shall be billed at the quoted rates plus $50/hour.

HYDROSCIENCE ENGINEERS, INC.

Standard Schedule of Estimated Billing Rates
Effective January 1, 2023 through December 31, 2023

EXHIBIT B
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Page 1 of 7 ends

Bid Tabulation Wednesday, February 8, 2023
Project Title: Sutter Trunk Rehabilitation Phase 2
Project ID #: 2023-08
Vault ID #: 12-D-0554
Account #: 101298
Bid Opening: 1/31/2023 at 11:00 AM
Basis of Award: By Blind Bid Designer: O'Dell Engineering Inc.

Design Manager: Peter Kambel
Project Description: Sutter Trunk Phase 2 rehabilitation project includes removal and replacement of 4,000 linear feet of 16-inch VCP trunk line with 24-inch PVC, Rehabilitation of 900 linear feet on Paradise with cure in place pipe (CIPP), boring under Maze Ave.

Item # Item Description Units Quantity Unit Price Extension Low Bidder
A. Teichert & Son, Inc. dba Teichert Construction
(916) 757-6400 400 Sunrise Avenue, Suite 300, Roseville, CA 95661 Base Bid
1 Mobilization/Demobilization, Bonds & LS 1 $200,000.00 $200,000.00 Insurance (5% max)
2 SWPPP Compliance LS 1 $20,000.00 $20,000.00
3 Traffic Control LS 1 $250,000.00 $250,000.00
4 Sheeting, Shoring & Bracing LS 1 $252,361.00 $252,361.00 5 Sewer Bypass Pumping System LS 1 $200,000.00 $200,000.00 6 Re-striping LS 1 $40,000.00 $40,000.00
7 Pipe Abandonment LS 1 $55,000.00 $55,000.00
8 Lift Station Abandonment LS 1 $65,000.00 $65,000.00
9 Remove and Dispose 16-inch VCP Sewer LF 3925 $9.00 $35,325.00 Pipe
10 Remove and Dispose 18-inch PVC Sewer LF 196 $9.00 $1,764.00 Pipe
11 Remove and Dispose 24-inch PVC Sewer LF 251 $9.00 $2,259.00 Pipe
12 18” Sewer Pipe LF 5 $1,000.00 $5,000.00
13 24” Sewer Pipe LF 4445 $412.00 $1,831,340.00
14 Trench Patch –HMA TON 1600 $155.00 $248,000.00
15 Trench Patch –AB CY 2250 $38.00 $85,500.00
16 Remove and Replace Concrete Curb, Gutter, SF 1000 $30.00 $30,000.00 and Sidewalk
17 ADA Ramp LS 1 $5,000.00 $5,000.00
18 Remove and Replace Landscaping SF 500 $5.00 $2,500.00 19 Remove Manhole EA 20 $1,600.00 $32,000.00
20 Connect Ex. Pipe to New Sanitary Sewer EA 31 $1,500.00 $46,500.00 Manhole
21 Remove and Replace Ex. Streetlight EA 1 $22,000.00 $22,000.00 22 Pilot Tube Auger Bore - 36" Steel Casing for LS 1 $165,000.00 $165,000.00 24" Pipe
23 Excavation Bore Pit LS 1 $32,000.00 $32,000.00
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Item # Item Description Units Quantity Unit Price Extension 24 Excavation Receiving Pit LS 1 $32,000.00 $32,000.00
25 CIPP Line 24” RCP LF 908 $200.00 $181,600.00
26 Cleaning and Pre/Post Rehabilitation CCTV LF 5358 $2.00 $10,716.00 Subtotal: $3,850,865.00
Bid Alternate 2
201 60” Polymer Manhole EA 6 $37,800.00 $226,800.00
202 60” Polymer Drop Manhole EA 15 $39,600.00 $594,000.00 Subtotal: $820,800.00
Total: $4,671,665.00
Percent From Engineer's Estimate: -12.29%
D. A. Wood Construction Inc.
(209) 491-4970 P.O. Box 1810, Empire, CA 95319
Base Bid
1 Mobilization/Demobilization, Bonds & LS 1 $245,000.00 $245,000.00 Insurance (5% max)
2 SWPPP Compliance LS 1 $37,000.00 $37,000.00
3 Traffic Control LS 1 $160,500.00 $160,500.00
4 Sheeting, Shoring & Bracing LS 1 $76,000.00 $76,000.00 5 Sewer Bypass Pumping System LS 1 $82,700.00 $82,700.00 6 Re-striping LS 1 $54,000.00 $54,000.00
7 Pipe Abandonment LS 1 $28,500.00 $28,500.00
8 Lift Station Abandonment LS 1 $58,500.00 $58,500.00
9 Remove and Dispose 16-inch VCP Sewer LF 3925 $19.00 $74,575.00 Pipe
10 Remove and Dispose 18-inch PVC Sewer LF 196 $19.00 $3,724.00 Pipe
11 Remove and Dispose 24-inch PVC Sewer LF 251 $19.00 $4,769.00 Pipe
12 18” Sewer Pipe LF 5 $385.00 $1,925.00
13 24” Sewer Pipe LF 4445 $385.50 $1,713,547.50
14 Trench Patch –HMA TON 1600 $235.00 $376,000.00
15 Trench Patch –AB CY 2250 $86.00 $193,500.00
16 Remove and Replace Concrete Curb, Gutter, SF 1000 $27.00 $27,000.00 and Sidewalk
17 ADA Ramp LS 1 $7,500.00 $7,500.00
18 Remove and Replace Landscaping SF 500 $12.00 $6,000.00 19 Remove Manhole EA 20 $6,150.00 $123,000.00
20 Connect Ex. Pipe to New Sanitary Sewer EA 31 $6,800.00 $210,800.00 Manhole
21 Remove and Replace Ex. Streetlight EA 1 $38,650.00 $38,650.00 22 Pilot Tube Auger Bore - 36" Steel Casing for LS 1 $135,000.00 $135,000.00 24" Pipe
23 Excavation Bore Pit LS 1 $15,000.00 $15,000.00
24 Excavation Receiving Pit LS 1 $8,800.00 $8,800.00
25 CIPP Line 24” RCP LF 908 $186.00 $168,888.00
26 Cleaning and Pre/Post Rehabilitation CCTV LF 5358 $12.00 $64,296.00 Subtotal: $3,915,174.50
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Item # Item Description Units Quantity Unit Price Extension Bid Alternate 2
201 60” Polymer Manhole EA 6 $38,600.00 $231,600.00
202 60” Polymer Drop Manhole EA 15 $40,300.00 $604,500.00 Subtotal: $836,100.00
Total: $4,751,274.50
Percent From Engineer's Estimate: -10.79%
Mozingo Construction
(209) 848-0160 751 Wakefield Court, Oakdale, CA 95361
Base Bid
1 Mobilization/Demobilization, Bonds & LS 1 $248,500.00 $248,500.00 Insurance (5% max)
2 SWPPP Compliance LS 1 $40,000.00 $40,000.00
3 Traffic Control LS 1 $120,000.00 $120,000.00
4 Sheeting, Shoring & Bracing LS 1 $60,000.00 $60,000.00 5 Sewer Bypass Pumping System LS 1 $80,000.00 $80,000.00 6 Re-striping LS 1 $45,000.00 $45,000.00
7 Pipe Abandonment LS 1 $25,000.00 $25,000.00
8 Lift Station Abandonment LS 1 $50,000.00 $50,000.00
9 Remove and Dispose 16-inch VCP Sewer LF 3925 $13.00 $51,025.00 Pipe
10 Remove and Dispose 18-inch PVC Sewer LF 196 $35.00 $6,860.00 Pipe
11 Remove and Dispose 24-inch PVC Sewer LF 251 $40.00 $10,040.00 Pipe
12 18” Sewer Pipe LF 5 $575.00 $2,875.00
13 24” Sewer Pipe LF 4445 $594.00 $2,640,330.00
14 Trench Patch –HMA TON 1600 $225.00 $360,000.00
15 Trench Patch –AB CY 2250 $165.00 $371,250.00
16 Remove and Replace Concrete Curb, Gutter, SF 1000 $55.00 $55,000.00 and Sidewalk
17 ADA Ramp LS 1 $3,500.00 $3,500.00
18 Remove and Replace Landscaping SF 500 $65.00 $32,500.00 19 Remove Manhole EA 20 $5,000.00 $100,000.00
20 Connect Ex. Pipe to New Sanitary Sewer EA 31 $2,600.00 $80,600.00 Manhole
21 Remove and Replace Ex. Streetlight EA 1 $13,000.00 $13,000.00 22 Pilot Tube Auger Bore - 36" Steel Casing for LS 1 $150,000.00 $150,000.00 24" Pipe
23 Excavation Bore Pit LS 1 $42,000.00 $42,000.00
24 Excavation Receiving Pit LS 1 $42,000.00 $42,000.00
25 CIPP Line 24” RCP LF 908 $210.00 $190,680.00
26 Cleaning and Pre/Post Rehabilitation CCTV LF 5358 $16.00 $85,728.00 Subtotal: $4,905,888.00
Bid Alternate 2
201 60” Polymer Manhole EA 6 $29,120.00 $174,720.00
202 60” Polymer Drop Manhole EA 15 $29,120.00 $436,800.00 Subtotal: $611,520.00
Total: $5,517,408.00
Percent From Engineer's Estimate: 3.59%
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Item # Item Description Units Quantity Unit Price Extension DSS Company dba Knife River Construction
(209) 948-0302 P.O. Box 6099, Stockton, CA 95206
Base Bid
1 Mobilization/Demobilization, Bonds & LS 1 $229,000.00 $229,000.00 Insurance (5% max)
2 SWPPP Compliance LS 1 $137,000.00 $137,000.00
3 Traffic Control LS 1 $267,250.00 $267,250.00
4 Sheeting, Shoring & Bracing LS 1 $209,000.00 $209,000.00 5 Sewer Bypass Pumping System LS 1 $1,289,000.00 $1,289,000.00 6 Re-striping LS 1 $45,000.00 $45,000.00
7 Pipe Abandonment LS 1 $55,000.00 $55,000.00
8 Lift Station Abandonment LS 1 $51,450.00 $51,450.00
9 Remove and Dispose 16-inch VCP Sewer LF 3925 $139.00 $545,575.00 Pipe
10 Remove and Dispose 18-inch PVC Sewer LF 196 $139.00 $27,244.00 Pipe
11 Remove and Dispose 24-inch PVC Sewer LF 251 $139.00 $34,889.00 Pipe
12 18” Sewer Pipe LF 5 $2,000.00 $10,000.00
13 24” Sewer Pipe LF 4445 $320.00 $1,422,400.00
14 Trench Patch –HMA TON 1600 $162.00 $259,200.00
15 Trench Patch –AB CY 2250 $67.50 $151,875.00
16 Remove and Replace Concrete Curb, Gutter, SF 1000 $19.00 $19,000.00 and Sidewalk
17 ADA Ramp LS 1 $2,950.00 $2,950.00
18 Remove and Replace Landscaping SF 500 $32.00 $16,000.00 19 Remove Manhole EA 20 $3,300.00 $66,000.00
20 Connect Ex. Pipe to New Sanitary Sewer EA 31 $3,250.00 $100,750.00 Manhole
21 Remove and Replace Ex. Streetlight EA 1 $25,250.00 $25,250.00 22 Pilot Tube Auger Bore - 36" Steel Casing for LS 1 $144,500.00 $144,500.00 24" Pipe
23 Excavation Bore Pit LS 1 $44,900.00 $44,900.00
24 Excavation Receiving Pit LS 1 $22,000.00 $22,000.00
25 CIPP Line 24” RCP LF 908 $184.50 $167,526.00
26 Cleaning and Pre/Post Rehabilitation CCTV LF 5358 $22.50 $120,555.00 Subtotal: $5,463,314.00
Bid Alternate 2
201 60” Polymer Manhole EA 6 $39,500.00 $237,000.00
202 60” Polymer Drop Manhole EA 15 $44,600.00 $669,000.00 Subtotal: $906,000.00
Total: $6,369,314.00
Percent From Engineer's Estimate: 19.59%
Mitchell Engineering
(415) 227-1040 250 Executive Park Blvd #4000, San Francisco, CA 94134 Base Bid
1 Mobilization/Demobilization, Bonds & LS 1 $250,000.00 $250,000.00 Insurance (5% max)
2 SWPPP Compliance LS 1 $25,000.00 $25,000.00
3 Traffic Control LS 1 $350,000.00 $350,000.00
4 Sheeting, Shoring & Bracing LS 1 $275,000.00 $275,000.00 #25..
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Item # Item Description Units Quantity Unit Price Extension 5 Sewer Bypass Pumping System LS 1 $100,000.00 $100,000.00 6 Re-striping LS 1 $40,000.00 $40,000.00
7 Pipe Abandonment LS 1 $40,000.00 $40,000.00
8 Lift Station Abandonment LS 1 $45,000.00 $45,000.00
9 Remove and Dispose 16-inch VCP Sewer LF 3925 $305.00 $1,197,125.00 Pipe
10 Remove and Dispose 18-inch PVC Sewer LF 196 $283.00 $55,468.00 Pipe
11 Remove and Dispose 24-inch PVC Sewer LF 251 $265.00 $66,515.00 Pipe
12 18” Sewer Pipe LF 5 $450.00 $2,250.00
13 24” Sewer Pipe LF 4445 $505.00 $2,244,725.00
14 Trench Patch –HMA TON 1600 $285.00 $456,000.00
15 Trench Patch –AB CY 2250 $47.00 $105,750.00
16 Remove and Replace Concrete Curb, Gutter, SF 1000 $29.00 $29,000.00 and Sidewalk
17 ADA Ramp LS 1 $4,500.00 $4,500.00
18 Remove and Replace Landscaping SF 500 $12.00 $6,000.00 19 Remove Manhole EA 20 $14,000.00 $280,000.00
20 Connect Ex. Pipe to New Sanitary Sewer EA 31 $1,500.00 $46,500.00 Manhole
21 Remove and Replace Ex. Streetlight EA 1 $4,000.00 $4,000.00 22 Pilot Tube Auger Bore - 36" Steel Casing for LS 1 $75,000.00 $75,000.00 24" Pipe
23 Excavation Bore Pit LS 1 $95,000.00 $95,000.00
24 Excavation Receiving Pit LS 1 $35,000.00 $35,000.00
25 CIPP Line 24” RCP LF 908 $165.00 $149,820.00
26 Cleaning and Pre/Post Rehabilitation CCTV LF 5358 $11.00 $58,938.00 Subtotal: $6,036,591.00
Bid Alternate 2
201 60” Polymer Manhole EA 6 $32,500.00 $195,000.00
202 60” Polymer Drop Manhole EA 15 $39,000.00 $585,000.00 Subtotal: $780,000.00
Total: $6,816,591.00
Percent From Engineer's Estimate: 27.98%
Mountain Cascade Inc.
(925) 373-8370 555 Exchange Court, Livermore, CA 94551
Base Bid
1 Mobilization/Demobilization, Bonds & LS 1 $250,000.00 $250,000.00 Insurance (5% max)
2 SWPPP Compliance LS 1 $10,000.00 $10,000.00
3 Traffic Control LS 1 $500,000.00 $500,000.00
4 Sheeting, Shoring & Bracing LS 1 $2,000,000.00 $2,000,000.00 5 Sewer Bypass Pumping System LS 1 $1,300,000.00 $1,300,000.00 6 Re-striping LS 1 $40,000.00 $40,000.00
7 Pipe Abandonment LS 1 $39,000.00 $39,000.00
8 Lift Station Abandonment LS 1 $340,000.00 $340,000.00 9 Remove and Dispose 16-inch VCP Sewer LF 3925 $9.00 $35,325.00 Pipe
10 Remove and Dispose 18-inch PVC Sewer LF 196 $9.00 $1,764.00 Pipe
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Item # Item Description Units Quantity Unit Price Extension 11 Remove and Dispose 24-inch PVC Sewer LF 251 $9.00 $2,259.00 Pipe
12 18” Sewer Pipe LF 5 $625.00 $3,125.00
13 24” Sewer Pipe LF 4445 $783.00 $3,480,435.00
14 Trench Patch –HMA TON 1600 $240.00 $384,000.00
15 Trench Patch –AB CY 2250 $130.00 $292,500.00
16 Remove and Replace Concrete Curb, Gutter, SF 1000 $30.00 $30,000.00 and Sidewalk
17 ADA Ramp LS 1 $10,300.00 $10,300.00
18 Remove and Replace Landscaping SF 500 $27.00 $13,500.00 19 Remove Manhole EA 20 $2,300.00 $46,000.00
20 Connect Ex. Pipe to New Sanitary Sewer EA 31 $1,000.00 $31,000.00 Manhole
21 Remove and Replace Ex. Streetlight EA 1 $24,000.00 $24,000.00 22 Pilot Tube Auger Bore - 36" Steel Casing for LS 1 $96,300.00 $96,300.00 24" Pipe
23 Excavation Bore Pit LS 1 $35,000.00 $35,000.00
24 Excavation Receiving Pit LS 1 $15,500.00 $15,500.00
25 CIPP Line 24” RCP LF 908 $190.00 $172,520.00
26 Cleaning and Pre/Post Rehabilitation CCTV LF 5358 $15.00 $80,370.00 Subtotal: $9,232,898.00
Bid Alternate 2
201 60” Polymer Manhole EA 6 $37,600.00 $225,600.00
202 60” Polymer Drop Manhole EA 15 $42,100.00 $631,500.00 Subtotal: $857,100.00
Total: $10,089,998.00
Percent From Engineer's Estimate: 89.44%
Engineer's Estimate
Base Bid
1 Mobilization/Demobilization, Bonds & LS 1 $160,000.00 $160,000.00 Insurance (5% max)
2 SWPPP Compliance LS 1 $50,000.00 $50,000.00
3 Traffic Control LS 1 $200,000.00 $200,000.00
4 Sheeting, Shoring & Bracing LS 1 $275,000.00 $275,000.00 5 Sewer Bypass Pumping System LS 1 $250,000.00 $250,000.00 6 Re-striping LS 1 $50,000.00 $50,000.00
7 Pipe Abandonment LS 1 $50,000.00 $50,000.00
8 Lift Station Abandonment LS 1 $50,000.00 $50,000.00
9 Remove and Dispose 16-inch VCP Sewer LF 3925 $114.00 $447,450.00 Pipe
10 Remove and Dispose 18-inch PVC Sewer LF 196 $116.00 $22,736.00 Pipe
11 Remove and Dispose 24-inch PVC Sewer LF 251 $118.00 $29,618.00 Pipe
12 18” Sewer Pipe LF 5 $275.00 $1,375.00
13 24” Sewer Pipe LF 4445 $300.00 $1,333,500.00
14 Trench Patch –HMA TON 1600 $250.00 $400,000.00
15 Trench Patch –AB CY 2250 $150.00 $337,500.00
16 Remove and Replace Concrete Curb, Gutter, SF 1000 $35.00 $35,000.00 and Sidewalk
17 ADA Ramp LS 1 $10,000.00 $10,000.00
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Item # Item Description Units Quantity Unit Price Extension 18 Remove and Replace Landscaping SF 500 $26.00 $13,000.00 19 Remove Manhole EA 20 $950.00 $19,000.00
20 Connect Ex. Pipe to New Sanitary Sewer EA 31 $3,000.00 $93,000.00 Manhole
21 Remove and Replace Ex. Streetlight EA 1 $10,000.00 $10,000.00 22 Pilot Tube Auger Bore - 36" Steel Casing for LS 1 $200,000.00 $200,000.00 24" Pipe
23 Excavation Bore Pit LS 1 $20,000.00 $20,000.00
24 Excavation Receiving Pit LS 1 $16,000.00 $16,000.00
25 CIPP Line 24” RCP LF 908 $300.00 $272,400.00
26 Cleaning and Pre/Post Rehabilitation CCTV LF 5358 $24.00 $128,592.00 Subtotal: $4,474,171.00
Bid Alternate 2
201 60” Polymer Manhole EA 6 $37,000.00 $222,000.00
202 60” Polymer Drop Manhole EA 15 $42,000.00 $630,000.00 Subtotal: $852,000.00
Total: $5,326,171.00
#25..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 4, 2023
Date: March 15, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: Approve Increase in Director’s Authority for Change Orders Transit Center Improvements and Transit Center Addition Project
CONTACT: Cristian Ciotau, Acting Engineering Division Manager,[email protected], 209-577-5260
DESCRIPTION:

Consider increasing the Director of Utilities authority to issue Change Orders on the Transit Center Improvements and Transit Center Addition Project from eight percent (8%) ($418,686) to ten percent (10%) ($523,358) of the original construction contract price of $5,233,576 with Simile Construction Services, Inc., of Modesto, CA, for a total amount not to exceed $5,756,934. (Funding Sources: Federal Transit Administration, Local Transportation Funds, State – SB1 State of Good Repair and Low Carbon Transit Operations Program) STRATEGIC PLAN ELEMENT:

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

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

BACKGROUND:

The Southern Pacific Depot is a local landmark built in 1915 and now serves as the Transit Center. In 2017, it was determined the Transportation (Transit) Center Facility needed rehabilitation and improvements to support the Altamont Corridor Express (ACE) coming to Modesto.

The identified improvements focused on improving safety, security, and operational functionality at the Transit Center included lighting, cameras, fencing, and site compliance with Americans with Disabilities Act (ADA). Additionally, the project scope included repair and restoration of some elements of the historic Southern Pacific Depot. The project was developed in conjunction with ACE, their engineering consultant AECOM, and Stanislaus Council of Governments (StanCOG). ACE is targeting a beginning of service to Modesto and Ceres in 2023.

On November 15, 2017, the StanCOG Policy Board allowed for the FY 2016-17 “Other” funds to be held in reserve for potential ACE train improvements. In addition, since June 21, 2017, the #26..
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StanCOG policy board has held the FY 2017-18 “Other” funds in reserve for potential ACE train improvements.

On June 5, 2018, by Resolution No. 2018-206, Council approved an Agreement with PLN Architects for architectural and engineering design services for the Transportation Center Improvements Project in the amount of $136,820, plus $13,682 for additional services.

On September 11, 2018, by Resolution No. 2018-398, Council approved the submission of the Transportation Development Act Transit Claim for Fiscal Year 2018-2019 to the Stanislaus Council of Governments in the amount of $4,069,996 for improvements to the Transportation Center for Modesto Area Express customers.

On June 23, 2020, by Resolution No. 2020-272, Council approved a First Amendment to the Agreement with RED INC Architects (formerly Pires, Lipomi & Navarro Architects), of Modesto CA, for Architectural Services for the Modesto Transit Center Improvements project in the amount of $43,800 for the identified scope of services, plus $18,062 for additional services (if needed), for an amended total not to exceed amount of $198,682.

On December 7, 2021, by Resolution No. 2021-467, Council approved the plans and specifications for the Transit Center Improvements (101339) and Transit Center Addition (101338) Project and awarded a construction contract with Simile Construction Services, Inc. from Modesto CA, in the amount of $5,233,576 plus eight percent $418,686 ($50,058 for 101338 and $368,628 for 101339) for contingency (if needed), for a total not to exceed amount of $5,652,262.

DISCUSSION:

The change order policy is utilized for each construction contract awarded by the City; it is not written into each contract nor is it a guaranteed amount included in the final compensation to the contractor. Prior to bidding a project, staff works diligently to ensure all bid packages contain a well-defined scope of work in order to stay within budget. However, after the contract is executed, if a change is determined to be necessary, or advantageous to the City, the policy authorizes the Director to approve a change order(s) up to a cumulative amount of eight percent (8%) of the contract price on a project of this contract value.

Contract change orders are a standard component of construction contracts given the unique nature of construction work. Change orders provide parties the flexibility to address unexpected changes in project scope and unforeseen conditions to add or delete work as necessary in an expedient and efficient manner. In most cases, the budgeted amount set by policy is sufficient.

However, as it relates to the Transit Center Improvements Project, change order costs will exceed the contingency amount allowed by policy, due to the age of the building and highly water damaged infrastructure, classified as unforeseen conditions.

During the construction period, the roof has been determined to have major deficiencies and leaks where the rain water would penetrate and soak the foam insulation, thus causing water leaks to wet the ceiling. The contractor was requested to provide a cost for fixing the roof. The #26..
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cost provided by the contractor was negotiated and the City agreed to proceed with fixing the roof by sealing it with a sealant that has a ten-year warranty. This additional scope of work was not part of the original construction documents.

FISCAL IMPACT:

An amendment to the Director of Utilities authority to issue change orders for Transit Center Improvements and Transit Center Addition Project from eight percent (8%) ($418,686) to ten percent (10%) ($523,358) of the original construction contract price of $5,233,576 is being requested. No additional funding is required for staff time to implement the increase in Director’s authority as it was already budgeted in the original contract award within the Engineering Design Administration.

Funding for the construction, contingency, administration, and City staff design support, has been budgeted in the following Capital Improvement Program accounts:
101338 PW Downtown TC Improvements (Transit Center Addition) 101339 PW Transit Center Improvements
Anticipated Construction Expenditures
Original Amended
Construction Contract (Simile Construction) $5,233,576 $5,233,576 Contract Change Orders $418,686 $523,358
Total Construction Contract $5,652,262 $5,756,934
Funds are available and budgeted in Construction Administration (CA) and will be used to fund this amendment to the Agreement.

COMMITTEE RECOMMENDATION:

Due to the urgent nature of this item, it was not heard at Committee level, and is being taken directly to Council for approval.

CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through the Urban Area General Plan Master EIR (SCH No. 2014042081).

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution Increasing the Director of Utilities Authority to issue Change Orders for the Transit Center Improvements and Transit Center Addition project from 8% ($418,686) to 10% ($523,358) of the construction contract price of $5,233,576 with Simile Construction Services Inc., of Modesto, CA.
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Approved by:

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

1. Resolution
#26..
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1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION INCREASING THE DIRECTOR OF UTILITIES AUTHORITY

TO ISSUE CHANGE ORDERS ON THE TRANSIT CENTER IMPROVEMENTS AND TRANSIT CENTER ADDITION PROJECT FROM EIGHT PERCENT (8%) ($418,686) TO TEN PERCENT (10%) ($523,358) OF THE ORIGINAL CONSTRUCTION CONTRACT PRICE OF $5,233,576 WITH SIMILE
CONSTRUCTION SERVICES, INC., OF MODESTO, CA, FOR A TOTAL AMOUNT NOT TO EXCEED $5,756,934
WHEREAS, on December 7, 2021, by Resolution No. 2021-467, Council approved the plans and specifications for the Transit Center Improvements (101339) and Transit Center Addition (101338) Project and awarded a construction contract with Simile Construction Services, Inc. from Modesto CA, in the amount of $5,233,576 plus eight percent $418,686 ($50,058 for 101338 and $368,628 for 101339) for contingency (if needed), for a total not to exceed amount of $5,652,262; and WHEREAS, the City’s “Change Order Approval Policy”, enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, established a contract change order budget of 8% for projects greater than $1,000,000; and
WHEREAS, the change order policy is utilized for each construction contract awarded by the City; it is not written into each contract nor is it a guaranteed amount included in the final compensation to the contractor; and WHEREAS, prior to bidding a project, staff works diligently to ensure that all bid packages contain a well-defined scope of work and that all projects stay within budget.

However, after the contract is executed, if a change is determined to be necessary, or advantageous to the City, the policy authorizes the Director to approve a change order(s) #26..
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2 2023-
up to a cumulative amount of eight percent (8%) of the contract price on a project of this contract value; and
WHEREAS, during the construction period, the roof has been determined to have major deficiencies and leaks where the rain water would penetrate and soak the foam insulation, thus causing water leaks to wet the ceiling; and WHEREAS, the contractor was requested to provide a cost for fixing the roof.

The cost provided by the contractor was negotiated and the City agreed to proceed with fixing the roof by sealing it with a sealant that has a ten-year warranty. This additional scope of work was not part of the original construction documents; and WHEREAS, staff is requesting authorization to increase the Directors authority to issue change orders to 10% ($523,358) of the contract amount of $5,233,576 to address some of the unforeseen condition and challenges due to the age of the existing building.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby authorizes the Director of Utilities to issue change orders for Transit Center Improvements and Transit Center Addition Project from 8% ($418,686) to 10% ($523,358) of the construction contract price of $5,233,576 with Simile Construction Services Inc., of Modesto, CA.
#26..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of April 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#26..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 4, 2023
March 14, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Award Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project CONTACT: David A. Felix, Associate Engineer, [email protected], 209-577-5488 DESCRIPTION:

Consider approving the Plans and Specifications for the Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project, accepting the Bid and awarding a Construction Contract to Mozingo Construction Inc., of Oakdale, CA, for a total amount not to exceed $8,531,407 and approving an Agreement with TRC Engineers, Inc. of Tracy, CA, for Construction Management and Inspection Services for a total amount not to exceed $916,128. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:

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

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

BACKGROUND:

The La Loma Neighborhood is one of many prioritized areas in the City’s water service area that requires the replacement of current, aging water infrastructure. The Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project will replace and upgrade over 26,000 linear feet of deficient water mains, associated water valves, services and fire hydrants to increase service reliability, flows, and pressures. The project will also install approximately 600 linear feet of 8- inch sewer mains and manholes to replace the existing aging 6-inch sewer mains. The project area is bounded by San Juan Drive on the East, Rowland Avenue on the West, Encina Avenue on the North, and Yosemite Boulevard on the South.

DISCUSSION:

The project was advertised for bids on December 6, 2022. Bids were publicly opened on January 24, 2023, pursuant to City Charter Section 1307, and Mozingo Construction Inc., of Oakdale, CA, was the responsible bidder with the lowest responsive bid. The bid tabulation is attached.

The bid analysis is:
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Number of bids received 6
Number of bids within 10% of engineer’s estimate 3
Number of bids above the engineer’s estimate 1
Number of bids below the engineer’s estimate 5
Percent low bid is below the engineer’s estimate 21.67% Three of the bids received were considered local including Mozingo Construction, of Oakdale, CA, which was 21.67% below the engineer’s estimate. The next bid was 20.27% below the engineer’s estimate. Based on the six bids received, staff determined there was sufficient bidder participation to receive competitive prices. When considering the current market for pricing of construction related items and the close variance between the lowest bids, staff determined the bids are fair and reasonable.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid. The award of contract for the construction of the Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project to Mozingo Construction, Inc., of Oakdale, CA, conforms to the Modesto Municipal Code, 8-3.203. Therefore, staff recommends awarding the contract to Mozingo Construction, Inc., of Oakdale, CA.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 1994-443 on July 19, 1994, and revised on July 9, 2019 by Council Resolution No. 2019-326, established a contract change order authority of 8% for construction contracts of this dollar value. However, given the nature of rehabilitation projects where unforeseen utilities or buried structures, and other unaccounted for issues may arise, it is likely that this project could exceed the Director’s Authority of 8% ($620,466). Therefore, staff is requesting the Director’s Authority to issue Change Orders be increased to 10% ($775,538) of the Construction Contract price of $7,755,824.

Due to the overall size of the Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project and the amount of time necessary for the completion of this project, staff recommends utilizing a consultant to provide Construction Management and Inspection Services for the anticipated 12 month construction phase. Additionally, due to limited staffing resources and current workload, consultant assistance is necessary for proper project coverage and construction oversight.

In accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement. However, staff proceeded with the Request for Proposal (RFP) process pursuant to Administrative Directive 3.1.

An RFP was issued to firms who provide Construction Management and Inspection Services.

Staff received proposals from five interested firms. After careful review and evaluation by the selection committee, TRC Engineers, Inc. of Tracy, CA was selected as the most qualified firm for the project. TRC Engineers demonstrated experience with multiple projects including the #27..
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Roosevelt Park Storm Drain Project, Village One Slurry Seal Project, Tully Road Pavement Rehabilitation Project, and current City project Highway Village Strength & Replace Water Mains. TRC Engineers will be the main point of contact for all construction activities and reporting during this project.

FISCAL IMPACT:

The total estimated cost for the Construction phase of this project is $9,962,884, expenses associated with this effort are housed in the following account:
101057 - La Loma Phase 2C S&R Mains

ANTICIPATED CONSTRUCTION EXPENDITURES
Construction Contract $7,755,824
Contingency (10%) $775,583
Engineering/Design/Administration - City Staff (4%) $310,233 City Construction Forces $50,000
Construction Management and Inspections Services Agreement $832,843 Additional Services (if needed) $83,285
Construction Administration - City Staff (2%) $155,116
TOTAL: $9,962,884
To fund the Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project, a budget adjustment is necessary from Water Fund Reserves to amend the Fiscal Year 2022-23 Capital Improvement Program in the amount of $7,905,000.

COMMITTEE RECOMMENDATION:

This project was presented to the Finance Committee on April 5, 2021, as part of a report on upcoming Capital Improvement Construction Projects and was recommended to be forwarded to Council for future award of construction. As stated in the Committee report, as bids are received, staff will present projects directly to Council for award of construction.

CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through a Categorical Exemption under CEQA Section 15301 Class 1(b)(c); 15303 (d).

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving plans and specifications for the Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project, accepting the Bid, and approving a Construction Contract with Mozingo Construction Inc., of Oakdale, CA, in the amount of $7,755,824, plus $775,583 in contingency (if needed) for a total amount not to exceed $8,531,407 and authorizing the City Manager, or his designee, to execute the Agreement.

Resolution authorizing an increase in the Director’s Authority to issue Change Orders for the Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project from 8% ($620,466) to 10% ($775,583) of the construction contract amount of $7,755,824 with Mozingo Construction Inc., of Oakdale, CA.

Resolution approving an Agreement with TRC Engineers, Inc. of Tracy, CA, for Construction Management and Inspection Services for the Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project in the amount of $832,843 plus $83,285 in additional services (if #27..
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needed) for a total amount not to exceed $916,128 and authorizing the City Manager, or his designee, to execute the Agreement.

Resolution amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $7,905,000 to be transferred into the project from the Water Fund in order to fund the construction phase of the Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.

Approved by:

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

1. Resolutions (4)

2. Construction Contract & Financial Interest Disclosure Form - Mozingo Construction Inc.

3. Construction Management & Inspection Services Agreement - TRC Engineers Inc. & Exhibits

4. Bid Results
#27..
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1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE REBID LA LOMA - PHASE 2C STRENGTHEN & REPLACE WATER MAINS

PROJECT, ACCEPTING THE BID, AND APPROVING A CONSTRUCTION CONTRACT WITH MOZINGO CONSTRUCTION INC., OF OAKDALE, CA, IN THE AMOUNT OF $7,755,824, PLUS $775,583 IN CONTINGENCY (IF NEEDED) FOR A TOTAL AMOUNT NOT TO EXCEED $8,531,407 AND AUTHORIZING

THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT WHEREAS, the La Loma Neighborhood is one of many prioritized areas in the City’s water service area that requires replacement of current, aging water infrastructure, and
WHEREAS, the Re-Bid La Loma - Phase 2C Strengthen and Replace Water Mains Project will replace and upgrade approximately 26,000 linear feet of deficient water mains, associated valves, services, and fire hydrants to improve system reliability, flows, and pressures, and will also upgrade approximately 600 linear feet of sewer mains to replace aging sewer mains, and
WHEREAS, the Project was advertised for bids on December 6, 2022, and WHEREAS, on January 24, 2023, bids were publicly opened, pursuant to City Charter Section 1307; Six bids were received and Mozingo Construction Inc., of Oakdale, CA, was the responsible bidder with the lowest responsive bid, and WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid, and
#27..
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2 2023-
WHEREAS, the award of contract for the construction of the Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project to Mozingo Construction Inc., of Oakdale, CA, conforms to the Modesto Municipal Code, 8-3.203, and WHEREAS, staff recommends awarding the contract to Mozingo Construction Inc., of Oakdale, CA.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the plans and specifications for the Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project; accepting the bid and awarding a construction contract to Mozingo Construction Inc., of Oakdale, CA, for a total of $7,755,824 plus $775,583 in contingency (if needed) for a total amount not to exceed $8,531,407.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the contract, in a form approved by the City Attorney. #27..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th of April 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
#27..
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1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION AUTHORIZING AN INCREASE IN THE DIRECTOR’S

AUTHORITY TO ISSUE CHANGE ORDERS FOR THE RE-BID LA LOMA - PHASE 2C STRENGTHEN & REPLACE WATER MAINS PROJECT FROM 8% ($620,466) TO 10% ($775,583) OF THE CONSTRUCTION CONTRACT AMOUNT OF $7,755,824 WITH MOZINGO CONSTRUCTION INC., OF

OAKDALE, CA
WHEREAS, the City’s “Change Order Approval Policy”, enacted by Council Resolution No. 1994-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, established a contract change order budget of 8% for construction contracts of this dollar value, and
WHEREAS, given the nature of rehabilitation projects where unforeseen utilities or buried structures, and other unaccounted for issues may arise, it is likely that this project could exceed the Director’s Authority of 8% ($620,466) of the contract amount of $7,755,824, and
WHEREAS, staff is requesting an increase in the Director’s Authority for the Construction Contingency to 10% ($775,583).

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby authorizes an increase of the Director of Utilities authority to issue change orders for the La Loma – Phase 2C Strength & Replace Water Mains Project from 8% ($620,466) to 10% ($775,583) of the construction contract price of $7,755,824 with Mozingo Construction Inc., of Oakdale, CA.
#27..
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2 2023-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of April, 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#27..
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1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION APPROVING AN AGREEMENT WITH TRC ENGINEERS, INC.

OF TRACY, CA, FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE RE-BID LA LOMA - PHASE 2C STRENGTHEN & REPLACE WATER MAINS PROJECT IN THE AMOUNT OF $832,843 PLUS $83,285 IN ADDITIONAL SERVICES (IF NEEDED) FOR A TOTAL AMOUNT NOT TO EXCEED $916,128 AND AUTHORIZING THE CITY MANAGER, OR

HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, due to the overall size of the Re-Bid La Loma – Phase 2C Strengthen & Replace Water Mains Project, with respect to the anticipated coordination efforts with property owners, and
WHEREAS, due to limited staffing resources and current workload, consultant assistance is necessary for proper project coverage and construction oversight, and WHEREAS, Staff recommends utilizing a consultant to provide Construction Management and Inspections Services for the anticipated 12-month construction period, and
WHEREAS, Administrative Directive 3.1 allows for an accelerated selection process, if in the best interest of the City, where a consultant may be secured for specific projects to provide professional services, and
WHEREAS, 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.

NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves an Agreement with TRC Engineers, Inc., of Tracy, CA, in the #27..
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amount of $832,843, plus $83,285 in additional services (if needed), for a total amount not to exceed $916,128.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the agreement in a form approved by the City Attorney. #27..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of April 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION AMENDING THE FISCAL YEAR 2022-23 CAPITAL
IMPROVEMENT PROGRAM BUDGET IN THE AMOUNT OF $7,905,000 TO

BE TRANSFERRED INTO THE PROJECT FROM THE WATER FUND IN

ORDER TO FUND THE CONSTRUCTION PHASE OF THE RE-BID LA LOMA - PHASE 2C STRENGTHEN & REPLACE WATER MAINS PROJECT AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO IMPLEMENT

THE PROVISIONS OF THIS RESOLUTION
WHEREAS, certain budgetary transactions are necessary in the amount of $7,905,000, in order to fund the Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project, and
WHEREAS, the Fiscal Year 2022-23 Capital Improvement Program budget must be amended.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $7,905,000.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #27..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th of April 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
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CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES AGREEMENT LA LOMA PHASE 2C STRENGTHEN & REPLACE WATER MAINS PROJECT 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 TRC ENGINEERS, INC., a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined Construction Management and Inspection Services are necessary for the La Loma Phase 2C Strengthen & Replace Water Mains Project.

B. Consultant represents that it is qualified, willing and able to provide said services.

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

1. SCOPE OF SERVICES.

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and #27..
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performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as Exhibit “A” and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit “A”, as of the Effective Date of this agreement. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit “A”. Notwithstanding the foregoing, in no event will Consultant be responsible for damages or considered in default due to delays beyond Consultant’s reasonable control.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed EIGHT HUNDRED THIRTY-TWO THOUSAND EIGHT HUNDRED FOURTY-THREE AND 00/100 DOLLARS ($832,843) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.

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

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement within thirty (30) days of receipt of Consultant’s invoice. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto, #27..
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Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-ofpocket costs paid by Consultant in connection with work performed on this project.

Additional services may be authorized by the City Manager in an amount up to, but not to exceed 10% of the agreed maximum compensation, or EIGHTY-THREE THOUSAND TWO HUNDRED EIGHTY-FIVE AND 00/100 DOLLARS ($83,285). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed NINE HUNDRED SIXTEEN THOUSAND, ONE HUNDRED TWENTY-EIGHT AND 00/100 DOLLARS ($916,128). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this Agreement.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further represents that it will follow the current, generally accepted and professional practices to #27..
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make findings, render opinions, prepare factual presentations, and provide professional advice and recommendationsregarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that JUSTIN WEHLING, will be the person primarily responsible for the performance of the services referred to in this Agreement.

City has entered into this Agreement in reliance on that representation by Consultant.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

However, in the event City reuses or modifies any materials furnished to City by Consultant, without Contractor’s involvement or consent, then Consultant shall not be responsible for the materials. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract. Notwithstanding anything to the contrary in this Agreement, data and materials are not intended nor shall they be construed to include Consultant’s preexisting intellectual property secured, developed, written, or produced by Consultant prior to the execution of this Agreement or developed concurrently with this Agreement but #27..
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not specifically for this Agreement; Consultant shall retain all right, title and interest in any such pre-existing intellectual property.

7. NEWS AND INFORMATION RELEASE.

8. INTEREST OF CONTRACTOR.

9. AMENDMENTS.

Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of #27..
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work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original Agreement prior to the performance of the additional work.

10. INDEPENDENT CONTRACTOR.

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

Consultant is permitted to provide services to others during the same period service is provided #27..
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to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

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

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

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in this Agreement, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the #27..
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performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.

13. NOTICES.

FOR CONSULTANT: Name: TRC Engineers
Address: 10680 White Rock Road
Suite 100
Rancho Cordova, CA 95670
Attention: Lincoln Leaman
Phone: (916) 995-6572
E-mail: [email protected]
FOR CITY: Name: City of Modesto
Address: 1010 10th Street
Suite 4600
Modesto, CA 95354
Attention: Pete Kambel
Phone: (209) 577-5444
E-mail: [email protected]
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14. INSURANCE REQUIREMENTS.

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

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of #27..
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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.

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, officials, and employees shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of #27..
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subrogation against the City, its agents, officers, officials, and employees for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations 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.

For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, and employees.

Any insurance or self-insurance maintained by the Entity, its officers, officials, or employees shall be excess of the CONSULTANT’S insurance and shall not contribute with it.

15. TERMINATION OF AGREEMENT.

The termination date shall be the effective date of the notice. For the purposes of this #27..
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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 this Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with this Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate this Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, #27..
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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. #27..
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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 this Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of this Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

16. CERTIFIED PAYROLL REQUIREMENT.

For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 #27..
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of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

17. INDEMNITY.

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

In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault. However, notwithstanding the foregoing, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs. Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration #27..
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Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

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

Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties #27..
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shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law. #27..
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19. ENTIRE AGREEMENT.

20. PARTIAL INVALIDITY.

21. WAIVER.

22. AUDIT.

Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment #27..
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for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

23. GOVERNING LAW.

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

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #27..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 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 as of the Effective Date.
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Cost of Services Worksheet
Project Schedule
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Calendar days 31 28 31 30 31 30 31 31 30 31 30 31 31 28 31 Estimated Prof. Svcs NTP: March 1, 2023 Work days 21 19 23 20 22 22 20 23 20 22 20 20 22 20 23 Estimated Substantial PHASE 1: Pre-Construction 10 120 Completion (Construction): March 31, 2024 PHASE 2: Construction 250 260 286 308 280 322 280 308 260 260 286 280 268 PHASE 3: Post-Construction 10 120 Estimated Manhours: 3,638 Position Name Rate Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Hours Project Manager (Non-PW Duties) Justin Wehling $ 200.00 0 Construction Mgr./ RE (Non-PW Duties) Ben Orejel $ 209.00 80 80 $ 16,720.00 * Inspector (Day ST) Michael Harden $ 174.49 20 20 $ 3,489.80 Inspector (Non-PW duties only) Michael Harden $ 169.62 20 20 $ 3,392.40 $ 23,602.20
$ 23,602.20
Project Manager (Non-PW Duties) Justin Wehling $ 200.00 0 Construction Mgr. (Non-PW) Ben Orejel $ 209.00 80 88 88 80 92 80 88 80 80 88 80 76 1,000 $ 209,000.00 * Inspector (Day ST) Michael Harden $ 174.49 160 176 176 160 184 160 176 160 160 176 160 152 2,000 $ 348,980.00 * Inspector (Day OT) Michael Harden $ 203.11 20 22 44 40 46 40 44 20 20 22 40 40 398 $ 80,837.78 * Inspector (Night ST) Michael Harden $ 193.34 0
* Inspector (Night OT) Michael Harden $ 223.73 0
Inspector (Non-PW duties only) Michael Harden $ 169.62 0 $ 638,817.78
Subconsultant: Materials Testing Terracon $65,290.00 NTE $ 65,290.00 Subconsultant Public out reach AIM $53,515.97 NTE $ 53,515.97 Subconsultant Markup 5% $ 5,940.30
$ 124,746.27
$ 763,564.05
Project Manager (Non-PW Duties) Justin Wehling $ 200.00 0 Construction Mgr./ RE (Non-PW Duties) Ben Orejel $ 209.00 80 80 $ 16,720.00 * Inspector (Day ST) Michael Harden $ 174.49 20 20 $ 3,489.80 Inspector (Non-PW duties only) Michael Harden $ 169.62 20 0 0 $ 20,209.80
$ 20,209.80
Vehicles (hourly) $1200/mo pro-rated $ 7.00 0 120 260 286 308 280 322 280 308 260 260 286 280 388 3,638 $ 25,466.00 Personal vehicles (mileage) IRS Rate (per mile) $ 0.545 0 $ - Per diem (if applicable) DIR Rate (per day) $ 120.00 0 $ - Construction Office monthly $ 1,500.00 0 $ -
$ 25,466.00
$ 25,466.00
$ 832,842.05
Notes and Assumptions:
* Denotes employees/classifications that are subject to prevailing wage.

Full set of Inspector Bill Rates: Name Shift
Construction Manager (Group 2) Justin Wehling NPW
Ben Orejel NPW
Inspector (Group 1) Day
Night
$ 209.00 N/A
$ 193.34 $ 223.73 $ 254.11 Michael Harden $ 169.62
$ 169.62 $ 174.49

N/A N/A
$ 203.11 $ 233.46

NPW ST OT DT
$ 200.00 N/A N/A N/A
ODC's
SUBTOTAL ODC's:

TOTAL OF CONTRACT
• Fees are based on 250 day construction duration with professional services NTP anticipated in March 2023. • Should the actual schedule require more or less professional services than proposed adjustments to this estimate may be required. • Client will be billed only for hours worked. Night work and Overtime will be billed at a pro-rata adjusted rate. 3% annual escalation effective every January 1st. • Unless otherwise noted, above rates are straight-time rates. Overtime, rain, holidays and potential time extensions or delays may result in additional professional services. • Wages for inspection subject to Calif. Labor Code Section 1772. Rates are based on DIR Prevailing Wage Determination NC-63-3-9-2022-1 TRC will pay and bill accordingly.

SUBTOTAL PHASE 3: Post-Construction:

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

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

PHASE 3: Post-Construction
SUBTOTAL: LABOR
City of Modesto | Construction Management Services for La Loma Phase 2C strengthen & Replace Water Mains Project
2023
Totals
2024

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HOURLY RATES
Rates provided below note a general range for convenience of the City and project specific rates will be provided for individual projects.

CLASSIFICATION BILL RATE DYST
PIC/Contract Manager $355 − $390
Project Manager $190 − $270
Construction Manager/ Resident Engineer $185 − $245
Landscape Architect $195 − $225
Office Engineer $100 − $165
Construction Inspector* $170 − $195
Electrical Inspector* $195 − $275
Administrative Assistant $90 − $135
Labor Notes and Assumptions:
■ If only straight-time rates are shown, overtime will be billed at a pro-rata adjusted rate. ■ 3% Annual escalation, effective every July 1st beginning 1/1/23. ■ Rates are based on DIR Prevailing Wage Determination NC-63-3-9-2022-1 • Pre-determined Increase(s): $2.75/hr. effective 7/1/23 and $3.00/hr. effective 7/1/24. TRC will adjust pay rates accordingly.
* Denotes employees/classifications that are subject to prevailing wage. #27..
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Replace Water Mains
Bid Tabulation Thursday, January 26, 2023
Project Title: Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains
Project ID #: 2023-007
Vault ID #: 08-D-1027
Account #: 101057
Bid Opening: 1/24/2023 at 11:00 AM
Basis of Award: By Base Bid Designer: David A. Felix
Design Manager: David A. Felix
Project Description: Rehabilitation of approximately 26,000 LF of existing water mains in the La Loma Avenue neighborhood. Existing water system will be replaced with City standard water mains, valves, and hydrants to improve system reliability.

Installation of 600 LF of 8" sewer mains.

Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
Mozingo Construction
(209) 848-0160 751 Wakefield Court, Oakdale, CA 95361
Base Bid
1 Storm Water Pollution Prevention Plan LS 1 $35,000.00 $35,000.00 (SWPPP)
2 Traffic Control, Signage & Permitting LS 1 $75,000.00 $75,000.00 3 Mobilization LS 1 $350,000.00 $350,000.00
4 Monument Preservation LS 1 $32,000.00 $32,000.00
5 Shoring, Bracing, and Sheeting LS 1 $40,000.00 $40,000.00 6 Curb & Gutter Replacement LF 68 $426.00 $28,968.00
7 Sidewalk Replacement SF 320 $90.00 $28,800.00
8 Sawcut and Remove Existing Pavement LS 1 $110,000.00 $110,000.00 9 Abandonment of Water Lines and Services LS 1 $50,000.00 $50,000.00 10 Clear Alleys, Remove Debris, & Maintain LS 1 $60,000.00 $60,000.00 11 Restore Traffic Striping, Crosswalks, Speed LS 1 $82,000.00 $82,000.00 Cushions & Markings
12 Potholing LS 1 $107,745.00 $107,745.00
13 6-in PVC Pipe (DR18) LF 627 $81.00 $50,787.00
14 6-in Gate Valve EA 40 $2,250.00 $90,000.00
15 8-in PVC Pipe (DR18) LF 5269 $94.00 $495,286.00
16 8-inch PVC Pipe (DR14) LF 16538 $115.00 $1,901,870.00 17 8-inch Gate Valve EA 193 $2,000.00 $386,000.00
18 8-inch X 8-inch Cross EA 1 $1,500.00 $1,500.00
19 8-inch to 6-inch Reducer EA 3 $1,000.00 $3,000.00
20 8-inch Sewer LF 594 $90.00 $53,460.00
21 Extension & Connection of Ex. Sewer EA 19 $4,300.00 $81,700.00 Laterals
22 48-inch Sewer Manhole EA 2 $4,500.00 $9,000.00
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Replace Water Mains
Item # Item Description Units Quantity Unit Price Extension 23 Connections to Sewer System EA 2 $4,000.00 $8,000.00 24 CCTV Pipeline Inspection LF 594 $13.00 $7,722.00
25 12-inch PVC Pipe (DR18) LF 4130 $138.00 $569,940.00
26 12-inch PVC Pipe (DR14) LF 27 $202.00 $5,454.00
27 12-inch Butterfly Valve EA 26 $4,000.00 $104,000.00
28 12-inch X 8-inch Cross EA 2 $2,000.00 $4,000.00
29 12-inch X 12-inch Cross EA 1 $1,500.00 $1,500.00
30 12-inch to 8-inch Reducer EA 1 $1,000.00 $1,000.00
31 Connect to Ex. 8-inch Water Main EA 7 $6,000.00 $42,000.00 32 Fire Hydrant Assembly EA 40 $8,100.00 $324,000.00
33 Remove & Dispose Fire Hydrant, Bury, & 6- EA 20 $550.00 $11,000.00 inch Gate Valve
34 1-inch Water Service (w/Meter Box) EA 442 $2,250.00 $994,500.00 35 2-inch Water Service (w/Meter Box) EA 2 $4,000.00 $8,000.00 36 Pneumatic Boring 2-inch Water Service LF 282 $45.00 $12,690.00 37 Pneumatic Boring 1-inch Water Service LF 136 $40.00 $5,440.00 38 Hot Mix Asphalt TON 1838 $273.00 $501,774.00
39 Class II Aggregate Base CY 12313 $80.00 $985,040.00
40 Type II Slurry Seal SF 48526 $0.85 $41,247.10
41 Alley Driveway Concrete Patch Repair EA 47 $1,200.00 $56,400.00 Total: $7,755,823.10
Percent From Engineer's Estimate: -21.67%
Knife River Construction
(209) 948-0302 P.O. Box 6099, Stockton, CA 95206
Base Bid
1 Storm Water Pollution Prevention Plan LS 1 $200,000.00 $200,000.00 (SWPPP)
2 Traffic Control, Signage & Permitting LS 1 $240,000.00 $240,000.00 3 Mobilization LS 1 $190,000.00 $190,000.00
4 Monument Preservation LS 1 $60,000.00 $60,000.00
5 Shoring, Bracing, and Sheeting LS 1 $54,000.00 $54,000.00 6 Curb & Gutter Replacement LF 68 $122.00 $8,296.00
7 Sidewalk Replacement SF 320 $26.00 $8,320.00
8 Sawcut and Remove Existing Pavement LS 1 $206,750.00 $206,750.00 9 Abandonment of Water Lines and Services LS 1 $222,000.00 $222,000.00 10 Clear Alleys, Remove Debris, & Maintain LS 1 $84,000.00 $84,000.00 11 Restore Traffic Striping, Crosswalks, Speed LS 1 $98,000.00 $98,000.00 Cushions & Markings
12 Potholing LS 1 $131,000.00 $131,000.00
13 6-in PVC Pipe (DR18) LF 627 $126.00 $79,002.00
14 6-in Gate Valve EA 40 $2,050.00 $82,000.00
15 8-in PVC Pipe (DR18) LF 5269 $121.00 $637,549.00
16 8-inch PVC Pipe (DR14) LF 16538 $132.00 $2,183,016.00 17 8-inch Gate Valve EA 193 $2,400.00 $463,200.00
18 8-inch X 8-inch Cross EA 1 $1,050.00 $1,050.00
19 8-inch to 6-inch Reducer EA 3 $720.00 $2,160.00
20 8-inch Sewer LF 594 $115.00 $68,310.00
21 Extension & Connection of Ex. Sewer EA 19 $925.00 $17,575.00 Laterals
#27..
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Page 3 of 8 ends

Replace Water Mains
Item # Item Description Units Quantity Unit Price Extension 22 48-inch Sewer Manhole EA 2 $4,800.00 $9,600.00
23 Connections to Sewer System EA 2 $6,300.00 $12,600.00 24 CCTV Pipeline Inspection LF 594 $11.00 $6,534.00
25 12-inch PVC Pipe (DR18) LF 4130 $142.00 $586,460.00
26 12-inch PVC Pipe (DR14) LF 27 $206.00 $5,562.00
27 12-inch Butterfly Valve EA 26 $3,750.00 $97,500.00
28 12-inch X 8-inch Cross EA 2 $1,950.00 $3,900.00
29 12-inch X 12-inch Cross EA 1 $2,150.00 $2,150.00
30 12-inch to 8-inch Reducer EA 1 $1,200.00 $1,200.00
31 Connect to Ex. 8-inch Water Main EA 7 $3,800.00 $26,600.00 32 Fire Hydrant Assembly EA 40 $4,800.00 $192,000.00
33 Remove & Dispose Fire Hydrant, Bury, & 6- EA 20 $1,050.00 $21,000.00 inch Gate Valve
34 1-inch Water Service (w/Meter Box) EA 442 $1,660.00 $733,720.00 35 2-inch Water Service (w/Meter Box) EA 2 $5,200.00 $10,400.00 36 Pneumatic Boring 2-inch Water Service LF 282 $64.00 $18,048.00 37 Pneumatic Boring 1-inch Water Service LF 136 $65.00 $8,840.00 38 Hot Mix Asphalt TON 1838 $220.00 $404,360.00
39 Class II Aggregate Base CY 12313 $52.00 $640,276.00
40 Type II Slurry Seal SF 48526 $1.00 $48,526.00
41 Alley Driveway Concrete Patch Repair EA 47 $615.00 $28,905.00 Total: $7,894,409.00
Percent From Engineer's Estimate: -20.27%
Steve P. Rados, Inc.
(714) 835-4612 PO BOX 15128, Santa Ana, CA 92735
Base Bid
1 Storm Water Pollution Prevention Plan LS 1 $80,000.00 $80,000.00 (SWPPP)
2 Traffic Control, Signage & Permitting LS 1 $98,400.00 $98,400.00 3 Mobilization LS 1 $800,000.00 $800,000.00
4 Monument Preservation LS 1 $45,000.00 $45,000.00
5 Shoring, Bracing, and Sheeting LS 1 $40,000.00 $40,000.00 6 Curb & Gutter Replacement LF 68 $130.00 $8,840.00
7 Sidewalk Replacement SF 320 $40.00 $12,800.00
8 Sawcut and Remove Existing Pavement LS 1 $120,000.00 $120,000.00 9 Abandonment of Water Lines and Services LS 1 $100,000.00 $100,000.00 10 Clear Alleys, Remove Debris, & Maintain LS 1 $20,000.00 $20,000.00 11 Restore Traffic Striping, Crosswalks, Speed LS 1 $85,000.00 $85,000.00 Cushions & Markings
12 Potholing LS 1 $340,000.00 $340,000.00
13 6-in PVC Pipe (DR18) LF 627 $120.00 $75,240.00
14 6-in Gate Valve EA 40 $2,000.00 $80,000.00
15 8-in PVC Pipe (DR18) LF 5269 $123.00 $648,087.00
16 8-inch PVC Pipe (DR14) LF 16538 $137.00 $2,265,706.00 17 8-inch Gate Valve EA 193 $2,400.00 $463,200.00
18 8-inch X 8-inch Cross EA 1 $800.00 $800.00
19 8-inch to 6-inch Reducer EA 3 $500.00 $1,500.00
20 8-inch Sewer LF 594 $160.00 $95,040.00
21 Extension & Connection of Ex. Sewer EA 19 $1,400.00 $26,600.00 Laterals
#27..
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Page 4 of 8 ends

Replace Water Mains
Item # Item Description Units Quantity Unit Price Extension 22 48-inch Sewer Manhole EA 2 $10,000.00 $20,000.00
23 Connections to Sewer System EA 2 $3,000.00 $6,000.00 24 CCTV Pipeline Inspection LF 594 $15.00 $8,910.00
25 12-inch PVC Pipe (DR18) LF 4130 $159.00 $656,670.00
26 12-inch PVC Pipe (DR14) LF 27 $220.00 $5,940.00
27 12-inch Butterfly Valve EA 26 $4,000.00 $104,000.00
28 12-inch X 8-inch Cross EA 2 $1,500.00 $3,000.00
29 12-inch X 12-inch Cross EA 1 $1,800.00 $1,800.00
30 12-inch to 8-inch Reducer EA 1 $900.00 $900.00
31 Connect to Ex. 8-inch Water Main EA 7 $6,000.00 $42,000.00 32 Fire Hydrant Assembly EA 40 $9,300.00 $372,000.00
33 Remove & Dispose Fire Hydrant, Bury, & 6- EA 20 $2,500.00 $50,000.00 inch Gate Valve
34 1-inch Water Service (w/Meter Box) EA 442 $1,300.00 $574,600.00 35 2-inch Water Service (w/Meter Box) EA 2 $3,800.00 $7,600.00 36 Pneumatic Boring 2-inch Water Service LF 282 $35.00 $9,870.00 37 Pneumatic Boring 1-inch Water Service LF 136 $75.00 $10,200.00 38 Hot Mix Asphalt TON 1838 $250.00 $459,500.00
39 Class II Aggregate Base CY 12313 $45.00 $554,085.00
40 Type II Slurry Seal SF 48526 $1.00 $48,526.00
41 Alley Driveway Concrete Patch Repair EA 47 $2,500.00 $117,500.00 Total: $8,459,314.00
Percent From Engineer's Estimate: -14.57%
D. A. Wood Construction Inc.
(209) 491-4970 P.O. Box 1810, Empire, CA 95319
Base Bid
1 Storm Water Pollution Prevention Plan LS 1 $34,580.00 $34,580.00 (SWPPP)
2 Traffic Control, Signage & Permitting LS 1 $89,000.00 $89,000.00 3 Mobilization LS 1 $375,750.00 $375,750.00
4 Monument Preservation LS 1 $65,000.00 $65,000.00
5 Shoring, Bracing, and Sheeting LS 1 $35,000.00 $35,000.00 6 Curb & Gutter Replacement LF 68 $83.00 $5,644.00
7 Sidewalk Replacement SF 320 $30.00 $9,600.00
8 Sawcut and Remove Existing Pavement LS 1 $66,500.00 $66,500.00 9 Abandonment of Water Lines and Services LS 1 $155,700.00 $155,700.00 10 Clear Alleys, Remove Debris, & Maintain LS 1 $25,900.00 $25,900.00 11 Restore Traffic Striping, Crosswalks, Speed LS 1 $107,800.00 $107,800.00 Cushions & Markings
12 Potholing LS 1 $128,200.00 $128,200.00
13 6-in PVC Pipe (DR18) LF 627 $117.00 $73,359.00
14 6-in Gate Valve EA 40 $2,620.00 $104,800.00
15 8-in PVC Pipe (DR18) LF 5269 $134.00 $706,046.00
16 8-inch PVC Pipe (DR14) LF 16538 $144.00 $2,381,472.00 17 8-inch Gate Valve EA 193 $2,100.00 $405,300.00
18 8-inch X 8-inch Cross EA 1 $1,600.00 $1,600.00
19 8-inch to 6-inch Reducer EA 3 $710.00 $2,130.00
20 8-inch Sewer LF 594 $185.00 $109,890.00
21 Extension & Connection of Ex. Sewer EA 19 $1,850.00 $35,150.00 Laterals
#27..
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Page 5 of 8 ends

Replace Water Mains
Item # Item Description Units Quantity Unit Price Extension 22 48-inch Sewer Manhole EA 2 $7,500.00 $15,000.00
23 Connections to Sewer System EA 2 $3,300.00 $6,600.00 24 CCTV Pipeline Inspection LF 594 $5.00 $2,970.00
25 12-inch PVC Pipe (DR18) LF 4130 $174.00 $718,620.00
26 12-inch PVC Pipe (DR14) LF 27 $242.00 $6,534.00
27 12-inch Butterfly Valve EA 26 $4,000.00 $104,000.00
28 12-inch X 8-inch Cross EA 2 $2,500.00 $5,000.00
29 12-inch X 12-inch Cross EA 1 $3,750.00 $3,750.00
30 12-inch to 8-inch Reducer EA 1 $1,350.00 $1,350.00
31 Connect to Ex. 8-inch Water Main EA 7 $6,000.00 $42,000.00 32 Fire Hydrant Assembly EA 40 $6,500.00 $260,000.00
33 Remove & Dispose Fire Hydrant, Bury, & 6- EA 20 $1,300.00 $26,000.00 inch Gate Valve
34 1-inch Water Service (w/Meter Box) EA 442 $2,750.00 $1,215,500.00 35 2-inch Water Service (w/Meter Box) EA 2 $10,300.00 $20,600.00 36 Pneumatic Boring 2-inch Water Service LF 282 $37.00 $10,434.00 37 Pneumatic Boring 1-inch Water Service LF 136 $46.00 $6,256.00 38 Hot Mix Asphalt TON 1838 $308.00 $566,104.00
39 Class II Aggregate Base CY 12313 $79.00 $972,727.00
40 Type II Slurry Seal SF 48526 $1.00 $48,526.00
41 Alley Driveway Concrete Patch Repair EA 47 $3,000.00 $141,000.00 Total: $9,091,392.00
Percent From Engineer's Estimate: -8.18%
Mitchell Engineering
(415) 227-1040 250 Executive Park Blvd #4000, San Francisco, CA 94134 Base Bid
1 Storm Water Pollution Prevention Plan LS 1 $50,000.00 $50,000.00 (SWPPP)
2 Traffic Control, Signage & Permitting LS 1 $200,000.00 $200,000.00 3 Mobilization LS 1 $550,000.00 $550,000.00
4 Monument Preservation LS 1 $4,000.00 $4,000.00
5 Shoring, Bracing, and Sheeting LS 1 $200,000.00 $200,000.00 6 Curb & Gutter Replacement LF 68 $133.00 $9,044.00
7 Sidewalk Replacement SF 320 $20.00 $6,400.00
8 Sawcut and Remove Existing Pavement LS 1 $691,590.00 $691,590.00 9 Abandonment of Water Lines and Services LS 1 $119,350.00 $119,350.00 10 Clear Alleys, Remove Debris, & Maintain LS 1 $76,505.00 $76,505.00 11 Restore Traffic Striping, Crosswalks, Speed LS 1 $86,697.00 $86,697.00 Cushions & Markings
12 Potholing LS 1 $107,821.00 $107,821.00
13 6-in PVC Pipe (DR18) LF 627 $187.00 $117,249.00
14 6-in Gate Valve EA 40 $1,635.00 $65,400.00
15 8-in PVC Pipe (DR18) LF 5269 $150.00 $790,350.00
16 8-inch PVC Pipe (DR14) LF 16538 $160.00 $2,646,080.00 17 8-inch Gate Valve EA 193 $2,574.00 $496,782.00
18 8-inch X 8-inch Cross EA 1 $1,370.00 $1,370.00
19 8-inch to 6-inch Reducer EA 3 $661.00 $1,983.00
20 8-inch Sewer LF 594 $113.00 $67,122.00
21 Extension & Connection of Ex. Sewer EA 19 $1,168.00 $22,192.00 Laterals
22 48-inch Sewer Manhole EA 2 $11,227.00 $22,454.00
#27..
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Page 6 of 8 ends

Replace Water Mains
Item # Item Description Units Quantity Unit Price Extension 23 Connections to Sewer System EA 2 $214.00 $428.00
24 CCTV Pipeline Inspection LF 594 $11.00 $6,534.00
25 12-inch PVC Pipe (DR18) LF 4130 $185.00 $764,050.00
26 12-inch PVC Pipe (DR14) LF 27 $243.00 $6,561.00
27 12-inch Butterfly Valve EA 26 $3,865.00 $100,490.00
28 12-inch X 8-inch Cross EA 2 $2,403.00 $4,806.00
29 12-inch X 12-inch Cross EA 1 $2,626.00 $2,626.00
30 12-inch to 8-inch Reducer EA 1 $1,623.00 $1,623.00
31 Connect to Ex. 8-inch Water Main EA 7 $5,064.00 $35,448.00 32 Fire Hydrant Assembly EA 40 $6,860.00 $274,400.00
33 Remove & Dispose Fire Hydrant, Bury, & 6- EA 20 $3,295.00 $65,900.00 inch Gate Valve
34 1-inch Water Service (w/Meter Box) EA 442 $2,683.00 $1,185,886.00 35 2-inch Water Service (w/Meter Box) EA 2 $4,191.00 $8,382.00 36 Pneumatic Boring 2-inch Water Service LF 282 $33.00 $9,306.00 37 Pneumatic Boring 1-inch Water Service LF 136 $29.00 $3,944.00 38 Hot Mix Asphalt TON 1838 $233.00 $428,254.00
39 Class II Aggregate Base CY 12313 $10.00 $123,130.00
40 Type II Slurry Seal SF 48526 $1.00 $48,526.00
41 Alley Driveway Concrete Patch Repair EA 47 $1,824.00 $85,728.00 Total: $9,488,411.00
Percent From Engineer's Estimate: -4.17%
McGuire and Hester
(510) 632-7676 9009 Railroad Ave, Oakland, CA 94603
Base Bid
1 Storm Water Pollution Prevention Plan LS 1 $50,000.00 $50,000.00 (SWPPP)
2 Traffic Control, Signage & Permitting LS 1 $50,000.00 $50,000.00 3 Mobilization LS 1 $700,000.00 $700,000.00
4 Monument Preservation LS 1 $60,000.00 $60,000.00
5 Shoring, Bracing, and Sheeting LS 1 $10,000.00 $10,000.00 6 Curb & Gutter Replacement LF 68 $468.00 $31,824.00
7 Sidewalk Replacement SF 320 $128.00 $40,960.00
8 Sawcut and Remove Existing Pavement LS 1 $45,000.00 $45,000.00 9 Abandonment of Water Lines and Services LS 1 $75,000.00 $75,000.00 10 Clear Alleys, Remove Debris, & Maintain LS 1 $75,000.00 $75,000.00 11 Restore Traffic Striping, Crosswalks, Speed LS 1 $95,000.00 $95,000.00 Cushions & Markings
12 Potholing LS 1 $500,000.00 $500,000.00
13 6-in PVC Pipe (DR18) LF 627 $275.00 $172,425.00
14 6-in Gate Valve EA 40 $2,550.00 $102,000.00
15 8-in PVC Pipe (DR18) LF 5269 $105.00 $553,245.00
16 8-inch PVC Pipe (DR14) LF 16538 $200.00 $3,307,600.00 17 8-inch Gate Valve EA 193 $3,250.00 $627,250.00
18 8-inch X 8-inch Cross EA 1 $2,000.00 $2,000.00
19 8-inch to 6-inch Reducer EA 3 $900.00 $2,700.00
20 8-inch Sewer LF 594 $155.00 $92,070.00
21 Extension & Connection of Ex. Sewer EA 19 $2,500.00 $47,500.00 Laterals
22 48-inch Sewer Manhole EA 2 $20,000.00 $40,000.00
#27..
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Page 7 of 8 ends

Replace Water Mains
Item # Item Description Units Quantity Unit Price Extension 23 Connections to Sewer System EA 2 $5,500.00 $11,000.00 24 CCTV Pipeline Inspection LF 594 $10.00 $5,940.00
25 12-inch PVC Pipe (DR18) LF 4130 $170.00 $702,100.00
26 12-inch PVC Pipe (DR14) LF 27 $340.00 $9,180.00
27 12-inch Butterfly Valve EA 26 $4,850.00 $126,100.00
28 12-inch X 8-inch Cross EA 2 $2,750.00 $5,500.00
29 12-inch X 12-inch Cross EA 1 $2,850.00 $2,850.00
30 12-inch to 8-inch Reducer EA 1 $2,150.00 $2,150.00
31 Connect to Ex. 8-inch Water Main EA 7 $7,650.00 $53,550.00 32 Fire Hydrant Assembly EA 40 $7,000.00 $280,000.00
33 Remove & Dispose Fire Hydrant, Bury, & 6- EA 20 $2,650.00 $53,000.00 inch Gate Valve
34 1-inch Water Service (w/Meter Box) EA 442 $3,400.00 $1,502,800.00 35 2-inch Water Service (w/Meter Box) EA 2 $7,500.00 $15,000.00 36 Pneumatic Boring 2-inch Water Service LF 282 $75.00 $21,150.00 37 Pneumatic Boring 1-inch Water Service LF 136 $75.00 $10,200.00 38 Hot Mix Asphalt TON 1838 $205.00 $376,790.00
39 Class II Aggregate Base CY 12313 $45.00 $554,085.00
40 Type II Slurry Seal SF 48526 $1.00 $48,526.00
41 Alley Driveway Concrete Patch Repair EA 47 $2,200.00 $103,400.00 Total: $10,562,895.00
Percent From Engineer's Estimate: 6.68%
Engineer's Estimate
Base Bid
1 Storm Water Pollution Prevention Plan LS 1 $69,600.00 $69,600.00 (SWPPP)
2 Traffic Control, Signage & Permitting LS 1 $153,000.00 $153,000.00 3 Mobilization LS 1 $434,500.00 $434,500.00
4 Monument Preservation LS 1 $25,000.00 $25,000.00
5 Shoring, Bracing, and Sheeting LS 1 $40,000.00 $40,000.00 6 Curb & Gutter Replacement LF 68 $100.00 $6,800.00
7 Sidewalk Replacement SF 320 $25.00 $8,000.00
8 Sawcut and Remove Existing Pavement LS 1 $217,300.00 $217,300.00 9 Abandonment of Water Lines and Services LS 1 $108,700.00 $108,700.00 10 Clear Alleys, Remove Debris, & Maintain LS 1 $47,000.00 $47,000.00 11 Restore Traffic Striping, Crosswalks, Speed LS 1 $52,200.00 $52,200.00 Cushions & Markings
12 Potholing LS 1 $50,000.00 $50,000.00
13 6-in PVC Pipe (DR18) LF 627 $110.00 $68,970.00
14 6-in Gate Valve EA 40 $2,500.00 $100,000.00
15 8-in PVC Pipe (DR18) LF 5269 $135.00 $711,315.00
16 8-inch PVC Pipe (DR14) LF 16538 $130.00 $2,149,940.00 17 8-inch Gate Valve EA 193 $3,500.00 $675,500.00
18 8-inch X 8-inch Cross EA 1 $1,000.00 $1,000.00
19 8-inch to 6-inch Reducer EA 3 $300.00 $900.00
20 8-inch Sewer LF 594 $200.00 $118,800.00
21 Extension & Connection of Ex. Sewer EA 19 $4,500.00 $85,500.00 Laterals
22 48-inch Sewer Manhole EA 2 $17,500.00 $35,000.00
23 Connections to Sewer System EA 2 $7,000.00 $14,000.00 #27..
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Page 8 of 8 ends

Replace Water Mains
Item # Item Description Units Quantity Unit Price Extension 24 CCTV Pipeline Inspection LF 594 $6.00 $3,564.00
25 12-inch PVC Pipe (DR18) LF 4130 $165.00 $681,450.00
26 12-inch PVC Pipe (DR14) LF 27 $170.00 $4,590.00
27 12-inch Butterfly Valve EA 26 $5,200.00 $135,200.00
28 12-inch X 8-inch Cross EA 2 $1,300.00 $2,600.00
29 12-inch X 12-inch Cross EA 1 $1,600.00 $1,600.00
30 12-inch to 8-inch Reducer EA 1 $600.00 $600.00
31 Connect to Ex. 8-inch Water Main EA 7 $10,000.00 $70,000.00 32 Fire Hydrant Assembly EA 40 $12,500.00 $500,000.00
33 Remove & Dispose Fire Hydrant, Bury, & 6- EA 20 $1,300.00 $26,000.00 inch Gate Valve
34 1-inch Water Service (w/Meter Box) EA 442 $3,000.00 $1,326,000.00 35 2-inch Water Service (w/Meter Box) EA 2 $5,000.00 $10,000.00 36 Pneumatic Boring 2-inch Water Service LF 282 $30.00 $8,460.00 37 Pneumatic Boring 1-inch Water Service LF 136 $25.00 $3,400.00 38 Hot Mix Asphalt TON 1838 $350.00 $643,300.00
39 Class II Aggregate Base CY 12313 $100.00 $1,231,300.00 40 Type II Slurry Seal SF 48526 $0.50 $24,263.00
41 Alley Driveway Concrete Patch Repair EA 47 $1,200.00 $56,400.00 Total: $9,901,752.00
#27..
- 907 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 04, 2023
Date: March 9, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Stormwater Program Management and Regulatory Compliance Services CONTACT: Jason Farnsworth, Wastewater Division Manager, [email protected], 209-577-6255
DESCRIPTION:

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

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

BACKGROUND:

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

The regional NPDES Phase I Permit (Phase I permit) that regulates the City of Modesto’s stormwater system is unique to the water quality needs and challenges of the Central Valley. All regional municipalities serving a population greater than 100,000 are designated under the Phase I permit and are held to the same NPDES permit requirements1 of the region.

In 2016, LWA was integral in establishing the current framework of the Phase I permit renewal process. LWA facilitated the NPDES Phase I permit development with both the CVRWQCB and 1 Central Valley Regional NPDES Phase 1 Permit holders include: the Sacramento area municipalities including City of Sacramento and City of West Sacramento (Sacramento regional group), The City of Stockton and San Joaquin County (Stockton regional group), and the City of Modesto. #28..
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City Council, April 04, 2023
Stormwater Program Management and Regulatory Compliance Services

Page 2 of 4 ends

the Regional Permit holders. The current Phase I permit was adopted June 23, 2016 and went into effect on October 01, 2016.

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

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

DISCUSSION:

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

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

On October 08, 2020, the City of Stockton advertised a Request for Proposal (RFP) PUR 20- 031, for Stormwater Program Management and Monitoring Services.

On November 12, 2020 the City of Stockton received one proposal, submitted by LWA. The proposal was evaluated and ranked by the City of Stockton Municipal Utilities Department.

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

The City of Modesto Wastewater Division obtained permission from the City of Stockton to piggyback off of their bidding process with LWA to monitor and manage the current Phase I permit as well as future changes incorporated into the stormwater NPDES permit due to LWA’s unique technical expertise necessary to support the City of Modesto in maintaining permit compliance.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California and other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served. By utilizing the City of Stockton’s bidding process, the City is complying with the requirements defined under this code for monitoring and management of the City of Modesto’s Stormwater Permit and Regulatory Compliance.
#28..
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City Council, April 04, 2023
Stormwater Program Management and Regulatory Compliance Services

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FISCAL IMPACT:

The Storm Drain Fund currently holds sufficient funding for the remainder of Fiscal Year 22/23 and additional funds have been incorporated into the Fiscal Year 23/24 budget to cover all costs related to the Stormwater NPDES Permit Management.

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

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

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

This item was presented to the Economic Development Committee on Monday, March 6, 2023, and the Committee recommended forwarding to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement with Larry Walker Associates for the Monitoring and Management of the City of Modesto’s Stormwater Program and Regulatory Compliance Services, for an annual estimated amount of $200,000 plus $100,000 in additional services (if needed), and a total amount not to exceed $1,100,000 over five (5) years; and authorizing the City Manager, or his designee, to execute the Agreement. #28..
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City Council, April 04, 2023
Stormwater Program Management and Regulatory Compliance Services

Page 4 of 4 ends

Approved by:

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

1. Resolution

2. Consultant Agreement

2. Exhibit A – Scope of Work

3. Exhibit B – Billable Rate Schedule

4. Financial Interest Disclosure
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04/04/2023/Utilities/JFarnsworth/Item # 1 2023-xxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX

RESOLUTION APPROVING AN AGREEMENT WITH LARRY WALKER

ASSOCIATES FOR THE MONITORING AND MANAGEMENT OF THE CITY OF MODESTO’S STORMWATER PROGRAM AND REGULATORY

COMPLIANCE SERVICES, FOR AN ANNUAL ESTIMATED AMOUNT OF
$200,000, PLUS $100,000 IN ADDITIONAL SERVICES (IF NEEDED), AND A TOTAL AMOUNT NOT TO EXCEED $1,100,000 OVER FIVE (5) YEARS, AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE AGREEMENT
WHEREAS, the City of Modesto’s stormwater system is regulated under a National Pollution Discharge Elimination System (NPDES) permit; and WHEREAS, the NPDES permit is mandated by the Federal Clean Water Act and administered in California by the State Water Resource Control Board (SWRCB) and the Central Valley Regional Water Quality Control Board (CVRWQCB) on behalf of the United States Environmental Protection Agency (USEPA); and WHEREAS, the Regionwide NPDES Phase I Permit that regulates the City of Modesto’s stormwater system is unique to the water quality needs and challenges of the Central Valley; and
WHEREAS, the City of Modesto is required to comply with the NPDES Phase I permit issued by the CVRWQCB; and
WHEREAS, it was recently determined the City is out of compliance with the current NPDES permit and requires professional services from a firm with a high level of knowledge on the Central Valley’s Regional Stormwater NPDES Phase I permit; and WHEREAS, Larry Walker Associates is uniquely qualified to provide these Services to the City of Modesto concerning the Stormwater NPDES permit; and WHEREAS, on October 08, 2020, the City of Stockton advertised a Request for Proposal, RFP PUR 20-031, for Stormwater Program Management and Monitoring #28..
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04/04/2023/Utilities/JFarnsworth/Item # 2 2023-xxx
Services; and
WHEREAS, Larry Walker Associates was awarded the resulting contract through the City of Stockton’s competitive bid process; and
WHEREAS, the City of Modesto, Wastewater Division would utilize Larry Walker Associates to monitor and manage the current NPDES Phase I permit as well as future changes incorporated into the stormwater NPDES permit due to Larry Walker Associates unique technical expertise necessary to supporting the City of Modesto with maintaining permit compliance; and
WHEREAS, Modesto Municipal Code 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to be formally bid. However, MMC 8-3.204 (d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California and other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served. In addition, MMC 8-3.204(a) exempts contracts for professional services from the otherwise required formal bidding procedure.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Agreement with Larry Walker Associates for the Monitoring and Management of the City of Modesto’s Stormwater Permit and Regulatory Compliance, for a five-year agreement, for an annual estimated amount of $200,000 plus $100,000 in additional services (if needed), for a total amount not to exceed $1,100,000 over five (5) years.
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04/04/2023/Utilities/JFarnsworth/Item # 3 2023-xxx
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the agreement, in a form approved by the City Attorney. #28..
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04/04/2023/Utilities/JFarnsworth/Item # 4 2023-xxx
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of April, 2023, by Councilmember _____, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: Name, Name, Name, Name, Name, Name, Mayor Name
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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1 STANDARD CONSULTANT AGREEMENT NO. 240507

FOR STORMWATER PROGRAM MANAGEMENT AND REGULATORY COMPLIANCE

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

This Agreement is made with regard to the following recitals:

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

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

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

1. SCOPE OF SERVICES.

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

2. TERM OF AGREEMENT.

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

Price increases for hourly rates may be adjusted each fiscal year (starting July 1) based on a minimum of the Producer Price Index (PPI) as published by the Bureau of Labor Statistics: Industry Data for Engineering Services (Series ID PCU54133-54133) in any one (1) fiscal year and shall be negotiated through #28..
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2 the Purchasing Division and as mutually agreed upon with the Agency Project Manager. Requests for increases shall be submitted in writing and approved prior to the billing rate effective date.

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

3. COMPENSATION.

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

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

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

City shall pay Consultant Net 45 Days via manual check.

Additional services may be authorized by the City Manager in an amount up to, but not to exceed 10% of the agreed maximum compensation, or $100,000 over the term of the agreement. In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager, transmitted through the Agency Project Manager, indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” unless adjusted as describd in Article 2 and may not exceed the amount #28..
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3 requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed $1,100,000. If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work.

4. OBLIGATIONS OF CONSULTANT.

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

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Karen Ashby, Vice President will be the person primarily responsible for the performance of the services referred to in this Agreement (Consultant Project Manager). City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that about 20 percent (20%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City. #28..
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4 Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use.

7. NEWS AND INFORMATION RELEASE.

8. CONFLICT OF INTERST.

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

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

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Except as City may specify in writing, Consultant has no authority to bind or incur any obligation on behalf of City. Consultant has no authority or responsibility to exercise any rights or power vested in the City. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture. Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

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

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All #28..
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6 terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

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

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned, other than noted in Exhibit ‘A’, without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon delivery provided that such are delivered in accordance with the provisions of this Section.

Notices shall be delivered either by: (a) personal delivery; (b) overnight courier service which obtains confirmation of delivery; or (c) certified mail, return receipt requested, if delivery is confirmed by a return reciept; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: Larry Walker Associates, Inc.

Address: 1480 Drew Ave. #100
Davis, CA 95618
Attention: Karen Ashby
Phone: (530) 753-6400 x232
Email: [email protected]
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7 FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Jason Farnsworth
Phone: (209) 577-6255
Email: [email protected]

14. INSURANCE REQUIREMENTS.

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

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for nonpayment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall #28..
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8 indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(b) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(c) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of #28..
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9 A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

15. TERMINATION OF AGREEMENT.

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

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

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

Post-Termination Procedure
Upon receipt of a written notice of termination, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such #28..
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10 termination and act as specified in the notice of termination; b. Terminate all orders and Subcontractors except as necessary to complete any portion of the work that is not terminated;
c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of City; f. Complete performance of such part of the Project as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Project and/or property related to the Project;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project.
i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date. #28..
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11 City will pay Consultant for work actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the work such as subconsultant agreements or contracts for materials; b. The Agreement price allocable to the portion of the work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

16. INDEMNITY.

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

In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for #28..
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12 PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

17. DISPUTE RESOLUTION.

Venue for all claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.

18. ATTORNEYS’ FEES.

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

19. ENTIRE AGREEMENT.

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

20. PARTIAL INVALIDITY.

If any provision in this Agreement is held by a court of competent jurisdiction and found to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

21. WAIVER.

23. GOVERNING LAW.

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

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023- , adopted by the Council of the City of Modesto on the day of ___________ , 2023, and Larry Walker Associates has caused this agreement to be duly executed in duplicate as of the Effective Date.
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CoM | SW Permit Management - Scope of Services Page 1 of 10 Exhibit A – Scope of Work
City of Modesto
Utilities Department, Wastewater Division
DATE: December 20, 2022
TO: Larry Walker Associates
FROM: Duane Becker | Environmental Compliance Supervisor Jason Farnsworth | Wastewater Division Manager
SUBJECT: Stormwater Permit Management

2.0 SPECIFICATIONS

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

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

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

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

The Wastewater Division of the City of Modesto's Utilities Department is responsible for ensuring compliance with the NPDES permit. Activities of the Wastewater Division include permit mandated programs and activities; collection system inspection, maintenance and repair; catch basin inspection and cleaning; pump station repair, maintenance and rehabilitation; pollution prevention public outreach; monitoring of urban discharge and receiving waters; and response to community concerns as they relate to the stormwater systems within the City of Modesto. #28..
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CoM | SW Permit Management - Scope of Services Page 2 of 10 The City's storm drain system collects water from numerous nonpoint sources that discharge into local waterways. The City complies with the requirements of its NPDES permit by implementing various stormwater pollution prevention activities, including, but not limited to the following:
• Ensuring pollutants stay out of the storm drain system, rivers, and creeks; • Managing and enforcing the City's Municipal Code to minimize stormwater impacts; • Requiring new development projects mitigate impacts to stormwater; • Promoting pollution prevention awareness;
• Education Programs and outreach to the public;
• Supporting local non-profit creek groups;
• Inspecting businesses to ensure responsible stormwater-related practices; • Investigating and responding to illicit discharges

2.1 SCOPE OF SERVICES - TECHNICAL REQUIREMENTS – STORMWATER MANAGEMENT

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

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

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

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

2.1.4 Task 4: Provide Stormwater Program Management Services. • Attend and conduct monthly progress and conference calls to review project status, identify constraints and plan work efforts and time schedules to ensure progress of work products and deadlines. Assist in development of agendas and meeting facilitation; • Develop and implement a tracking system for permit/annual report deliverables; #28..
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CoM | SW Permit Management - Scope of Services Page 3 of 10 • Identify assignments;
• Provide adequate oversight of various tasks to ensure adequate resources are committed and time schedules met.

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

2.1.6 Task 6: Provide As-needed Technical Assistance.
• Develop implementation resources and assist with implementation of stormwater program. • Develop and implement a Pyrethroid Management Plan.
• Develop and implement a Pyrethroid Monitoring Plan.
• Evaluate Pyrethroid baseline monitoring Technical Assistance of the Stormwater Program may consist of the following subtasks:
• Compile background information. Consultant will compile and review previous Stormwater Management Plan (SWMP), Annual Reports, Monitoring Reports, and supporting documents; Compile other recent municipal stormwater permits and management plans for emerging trends; Work with City in contacting Regional Water Board to receive input on Board's assessment of the current City Stormwater Management Program. Once compiled the Consultant will prepare a memorandum comparing the City Program with other municipal programs regarding the extent of program coverage, level of implementation, and other major items relevant to the development of the City SWMP; • Compile and review monitoring data of monitoring program reports/data and conduct a trend analysis of the urban discharge and receiving water monitoring sites; • Review other elements of the monitoring program including special studies • Review other municipal stormwater monitoring programs, emerging regulatory trends and current TMDL efforts to identify potential direction for City of Modesto’s monitoring program;
• Prepare Technical Memorandum to summarize analysis and conclusions of monitoring data and program implementation;
• Identify potential permit requirements, Stormwater Management Plan enhancements/modifications, and monitoring program modifications in next Permit; • Meet with City staff to discuss the results and to develop initial ideas regarding future direction of the stormwater management program (for purposes of this proposal assume 1 meeting);
• Develop Draft Scope and Outline for Stormwater Management Plan. The outline will be in sufficient detail so as to identify likely modifications (including enhancements and reductions) to existing program elements, and new efforts. The Consultant will provide the draft outline to the City for review and comment. The Consultant will meet with the City once to review the draft outline (for purposes of this proposal assume 1 meeting); #28..
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CoM | SW Permit Management - Scope of Services Page 4 of 10 • Refine and provide ideas to Regional Board for review and feedback; • Draft Stormwater Management Plan with streamlined annual reporting in mind. Once comments are received on the draft outline the Consultant will develop a draft Stormwater Management Plan. It is expected that the SWMP will include the following sections:
a) Executive Summary
b) Program Management
c) Water Quality Monitoring
d) Illicit Discharges
e) Public Outreach
f) Municipal Operations
g) Industrial and Commercial
h) Construction
i) Planning and Land Development
j) Water Quality-Based Programs
k) Program Implementation, Assessment and Reporting
• Develop a fact sheet to format for each control measure within the program elements. Fact sheets to include summaries of existing program efforts and performance standard based work plans;
• Identify recordkeeping requirements for each performance standard and propose methods for assessing the effectiveness of each program element; Meet with the City during the development and completion of the Report of Waste Discharge to review project status, identify constraints, assign work efforts and coordinate plan development (for purposes of this proposal assume 6 meetings);
• For the Program Implementation, Assessment, and Reporting section the Consultant will review current evaluation techniques and reporting format to assess the usefulness of techniques for directing Program improvements and modifications. The Consultant will develop recommendations/modifications regarding the current annual report procedures to accommodate the new performance standards and assessment tools identified in Tasks 2 through 6. The Consultant will prepare the draft section for inclusion in the draft SWMP. • For the Water Quality Monitoring section, the Consultant will review current monitoring program efforts including monitoring objectives (characterization monitoring, receiving water monitoring, and bioassessment), data (including dry and wet weather), locations, and pollutant of concern analysis. Recent trend analysis will be developed and assessed for future monitoring efforts. Consultant will review other municipal stormwater monitoring programs, emerging regulatory trends and positions (including sediment monitoring), and current Total Maximum Daily Load (TMDL) efforts to identify potential direction for the City of Modesto Monitoring Program. The Consultant will prepare a draft section for incorporation into the draft SWMP. The purpose of this section is to provide recommendations to the monitoring program that will establish a constructive program providing feedback by which to improve and enhance the Stormwater Management Program.
• Develop Final Stormwater Management Plan. Consultant will prepare the final Stormwater Management Plan incorporating comments received from the City/County. #28..
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CoM | SW Permit Management - Scope of Services Page 5 of 10 • Develop Stormwater Quality Development Standards (Post-Construction BMP’s) Plan as directed.
• Meet with Regional Board Staff along with the City to review Report of Waste Discharge to provide context for drafting the NPDES Permit (for purposes of this proposal assume 1 meeting);
• Review draft NPDES Permit for consistency with submitted Report of Waste Discharge and other municipal stormwater NPDES permits;
• Prepare comment letter regarding draft permit with suggested modifications consistent with City policy and program goals; and
• Attend Regional Board hearing on the Modesto Stormwater NPDES Permit and if appropriate prepare for and provide testimony for permit hearing.

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

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

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

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

2. Achieve compliance with water quality standards.

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

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

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

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

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

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

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

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

The time period for the data record differs among waterbodies, due to the evolution of the permit monitoring requirements, but generally, paired urban discharge and receiving water data have been collected since 1992. The local water quality monitoring program includes monitoring #28..
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CoM | SW Permit Management - Scope of Services Page 7 of 10 at these historical monitoring locations on an annual basis and includes urban discharge, receiving water, and TMDL monitoring, as described in the sections below.

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

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

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

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

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

Review and update local monitoring approach by waterbody.

2.2.3 Delta Regional Monitoring Program
The Delta Regional Monitoring Program (Delta RMP) is a stakeholder-directed project formed to develop a regional water quality monitoring program designed to improve understanding of #28..
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CoM | SW Permit Management - Scope of Services Page 8 of 10 water quality issues in the Sacramento-San Joaquin Delta. The goal of the Delta RMP is to better coordinate and design current and future monitoring activities in and around the Delta to create a cost-effective approach for providing critically needed water quality information to better inform policy and regulatory decisions of the Regional Water Board and other Federal, State and local agencies and organizations.

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

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

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

Consultant will track and evaluate incoming storms as candidates for wet weather stormwater sampling. Consultant will contract for laboratory services to receive and analyze water samples, order pre-cleaned, labeled, and preserved sample containers, and coordinate sample transportation details. If necessary, Consultant will confer with representatives of the Permittees to verify sampling locations and procedures. #28..
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CoM | SW Permit Management - Scope of Services Page 9 of 10

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

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

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

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

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

2.2.7 Data Compilation and Submittal
• Consultant will perform data validation according to US EPA Guidelines and quality assurance checks for data recording, transcription, and laboratory analyses. Validated final analytical results will be transmitted to the Permittees (or their representative) immediately #28..
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CoM | SW Permit Management - Scope of Services Page 10 of 10 upon completion. Upon approval, consultant will submit data to State, Federal, or any other agency requested by the City in the required submittal format. • In addition, data compilation will include an identification of exceedances and indicate where "cause and contribute" exceedances1 have occurred.

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

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

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

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

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

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

2.3 ADDITIONAL INFORMATION
The City may furnish access to all information, data, maps, plans, reports, etc. as currently existing in files without charge to selected Consultant. In addition, the City will cooperate in carrying out the work without undue delay. The selected Consultant agrees that the City's responsibility to provide access to the information is limited to data of record in City files and in the format as recorded. The selected Consultant shall check and investigate existing information and conditions and notify the City of any deficiencies that are discovered #28..
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REIMBURSABLE COSTS
Travel:

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

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

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

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

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

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

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 4, 2023
March 15, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: Rezone from Low-Density Residential “R-1” Zone to Medium-High-Density Residential “R-3” Zone
CONTACT: Michael Arroyo, Assistant Planner,
[email protected], 209-577-5272
DESCRIPTION:

Hearing to consider adopting an Ordinance amending Section 27-3-9 of the Zoning Map to rezone property from Low-Density Residential, R-1, to Medium-High Density Residential, R-3, located 1505 and 1513 Scenic Drive. (Funding Source: Applicant Fees) STRATEGIC PLAN ELEMENT:

The recommended action supports the City of Modesto’s 2020-2025 Strategic Plan – Goal D:

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

BACKGROUND:

The subject properties are two contiguous parcels located at the northeast corner of Scenic Drive and Brighton Avenue. The corner lot at 1505 Scenic Drive measures 12,532 sq. ft. in lot size, while 1513 Scenic Drive is an interior lot that measures 13,013 sq. ft. in lot size. Both lots have street frontage on Scenic Drive to the south, while 1505 Scenic Drive has street frontage along Brighton Avenue to the west. Each property was included in the Annexation of the Strathmore Addition to the City of Modesto on February 14, 1969.

Both properties are presently zoned as Low-Density Residential (R-1). Adjacent properties directly to the north and east are zoned as Medium-High-Density Residential (R-3). To the south of the subject properties is a Planned Development (P-D 434) of 24 offset zero-lot-line townhouse condominiums. The zoning to the west is Low-Density (R-1) and Medium-HighDensity Residential (R-3). #29..
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City Council, April 4, 2023
Rezone from Low-Density Residential “R-1” Zone to
Medium-High-Density Residential “R-3” Zone

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Modesto City CouncilApril 4, 2023

Modesto City Council
April 4, 2023