Modesto City Council
April 4, 2023

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MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, April 04, 2023 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

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

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

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

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

VIRTUAL PARTICIPATION BY ZOOM VIDEO

CONFERENCING AND TELEPHONE
Joining the City Council meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Council meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
 Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
 Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
 Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Council meeting.

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

Once the Mayor has announced the public comment period, please do one of the following.

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

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

Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643
Pledge of Allegiance to the Flag
Invocation: Jeff Pishney, LSC
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Proclamation declaring April 9-15 as Emergency Dispatch Appreciation Week. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]

2. Proclamation declaring April as National Volunteer Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]

3. Proclamation declaring April as Fair Housing Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
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MISCELLANEOUS
Legislation, Appointments, Other

4. Consider appointing Cecil Russell to the City of Modesto Planning Commission with a term expiration of January 1, 2027. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution appointing Cecil Russell to the City of Modesto Planning Commission with a term expiration of January 1, 2027.

CED; Jessica Hill, 209-577-5267, [email protected]

5. Consider appointing Jose Vazquez as the Planning Commission Representative to the Citizens Housing and Community Development Committee for 2023, with a term expiration of December 31, 2023. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution appointing Jose Vazquez as the 2023 Planning Commission Representative to the Citizens Housing and Community Development Committee (CH&CDC) with a term expiration of December 31, 2023.

CED; Jessica Hill, 209-577-5267, [email protected]

6. Consider approving the reappointment of John Bergman to the Board of Building Appeals with a term expiration of January 1, 2027. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution approving the reappointment of John Bergman to the Board of Building Appeals to a second four-year term, with a term expiration of January 1, 2027.

CED; Oscar Diaz, 209-571-5885, [email protected]

7. Consider approving the reappointments of Shane Cooper and Jim McKay to the Modesto City-County Airport Advisory Committee for an additional four-year term. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the reappointments of Jim McKay and Shane Cooper to the Modesto City-County Airport Advisory Committee for an additional fouryear term.

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

PUBLIC COMMENT PERIOD
Please refer to the special comment instructions above.

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

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

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

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

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

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

Consent

8. Consider approving the minutes from the March 14, 2023 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving the minutes from the March 14, 2023 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent

9. Consider approving a Design Services Agreement with WMH Corporation of San Jose, - 5 -
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CA for the Standiford Avenue at State Route 99 Interchange Improvement Project in the amount of $6,450,665, plus $645,066 for additional services, if needed, for a total amount not to exceed $7,095,731, and authorizing the City Manager, or his designee to execute the Agreement; and amending the Fiscal Year 2022-23 Capital Improvement Program project 101182 budget in the amount of $3,500,000. (Funding Source: Streets Capital Facilities Fee and Regional Measure L Funds)
Staff Recommendation:
 Resolution approving a Design Services Agreement with WMH Corporation of San Jose, CA for the Standiford Avenue at State Route 99 Interchange Improvement Project in the amount of $6,450,665, plus $645,066 for additional services, if needed, for a total amount not to exceed $7,095,731, and authorizing the City Manager, or his designee to execute the Agreement.  Resolution amending the Fiscal Year 2022-23 Capital Improvement Program project 101182 budget in the amount of $3,500,000 and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.

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

10. Consider accepting the Monthly Investment Report for December 2022. (Funding Source: Various Funds)
Staff Recommendation:
 Motion accepting the Monthly Investment Report for December 2022.

FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent

11. Consider accepting an Informational Report for the February 2023 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Staff Recommendation:
 Motion accepting an Informational Report for the February 2023 Accounts Payable Payment Register and Void Report.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent

12. Consider accepting an Informational Report on the November and December 2022 Grant Applications and Awards. (Funding Source: Not Applicable) Staff Recommendation:
 Motion accepting an Informational Report for the November and December 2022 Grant Applications and Awards.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent

13. Consider approving the Purchase for one Fleet Addition of a Thermoplastic Premelter - 6 -
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Trailer in the amount not to exceed $94,925. (Funding Source: Surface Transportation Fund)
Staff Recommendation:
 Resolution approving the Award of Bid for one Thermoplastic Premelter Trailer to Dispensing Technology Corporation, Oxnard, CA for a total amount not to exceed $94,925; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 2% of the total purchase price.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent

14. Consider approving the Purchase for one Fleet Replacement in the amount not to exceed $52,493 and approving the implementation of the Electric Vehicle Pilot Program for the Modesto Police Department. (Funding Source: Fleet Replacement Fund and Supplemental Law Enforcement Services Fund)
Staff Recommendation:
 Resolution approving the Purchase with Towne Ford Sales, Redwood City, CA for one Ford Mustang for an amount not to exceed $52,493; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent

15. Consider approving a First Amendment to the Purchasing Agreement with VSS Emultech, Modesto, CA for slurry oil for a revised total amount $5,252,760 over five years. (Funding Source: Surface Transportation, Water, Wastewater and Storm Drain Funds)
Staff Recommendation:
 Resolution approving the First Amendment increasing the Agreement amount with VSS Emultech, Modesto, CA for slurry oil by $3,213,920 from $2,038,840 to a new total amount of $5,252,760 over five years; and authorizing the Director of Finance or her designee to execute the Amendment.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent

16. Consider approving the First Amendment to Agreement with United Pavement Maintenance, Inc., for Hot Patch Work to amend the estimated annual amount from $200,000 to a revised estimated annual amount of $3,906,500 and extend the term of the Agreement from May 21, 2023, to May 21, 2024. (Funding Source: Water Funds, Wastewater Fund, and Stormwater Fund)
Staff Recommendation:
 Resolution approving the First Amendment with United Pavement Maintenance, Hughson, CA., for Hot Patch Work to amend the estimated annual amount from $200,000 to a revised estimated annual amount of $3,906,500 and extend the term of the Agreement from May 21, 2023, to May 21, 2024, and authorizing the Director of Finance, or her designee to execute - 7 -
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the First Amendment.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent

17. Consider approving a Purchasing Agreement with Life-Assist Inc, by utilizing the Competitive Bid Process with National Purchasing Partners (NPP), League of Oregon Cities for Emergency Medical Supplies for a total amount not to exceed $500,000 over five years. (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving a Purchasing Agreement with Life-Assist Inc, by utilizing the Competitive Bid Process with National Purchasing Partners (NPP), League of Oregon Cities for Emergency Medical Supplies for a two-year Agreement with three one-year extension options, for an annual estimated amount of $100,000, and a total amount not to exceed $500,000 over five years; and authorizing the Purchasing Manager, or her designee, to authorize the Agreement.

FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] Consent

18. Consider approving Memorandums of Understanding (MOUs) for Fire Apparatus Fleet Maintenance Services between the City of Modesto, Stanislaus Consolidated Fire Protection District (SCFPD), and the City of Turlock. (Funding Source: General Fund and Fleet Management Fund)
Staff Recommendation:
 Resolution approving a Memorandums of Understanding (MOUs) for Fire Apparatus Fleet Maintenance Services between the City of Modesto, Stanislaus Consolidated Fire Protection District (SCFPD), and the City of Turlock; and authorizing the City Manager, or his designee, to execute the Agreement.

FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] Consent

19. Consider approving the Purchase of Oracle Cloud Analytics Subscription Software to Mythics, Inc. of Virginia Beach, VA for a term of three-years with an option for two additional years which includes all Software, Licensing, and Configuration for Oracle Analytics Cloud for an amount not to exceed $510,137 and approving an Agreement with Jade Global, Inc., for Professional Services for a term of two years with three 1- year extension options an amount not to exceed $863,080. (Funding Source: Various Funds)
Staff Recommendation:
 Resolution approving the Competitive Bidding Process from the Omnia Partners Cooperative Purchasing Organization, Maricopa County, CA Contract#180233-002, with Mythics, Inc. of Virginia Beach, VA for Purchase of Oracle Cloud Analytics Subscription Software for a total amount not to exceed $510,137 over five years; and authorizing the City Manager, or his designee to execute the Agreement.
 Resolution approving an Agreement with Jade Global, Inc., for Professional - 8 -
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Services for a term of two years with three 1-year extension options for the upgrade from our existing Discoverer Financial Reporting Application to Oracle Analytics Cloud for an amount not to exceed $863,080 over five years; and authorizing the City Manager, or his designee to execute the Agreement.

IT; James Dotson, 209-571-5508, [email protected] Consent

20. Consider 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. (Funding Source: General Fund) Staff Recommendation:
 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.

POLICE; Jessica Smart, 209-572-9500, [email protected] Consent

21. 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)
Staff Recommendation:
 Resolution accepting the Airport Layout Plan Grant as complete and authorizing all necessary steps to file with the County Clerk Recorder.

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

22. 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)
Staff Recommendation:
 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.

UTILITIES; Pete Kambel, 209-577-5444, [email protected] Consent

23. 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:
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Measure L Traffic Management and Bike and Pedestrian Funds) Staff Recommendation:
 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.

UTILITIES; Pete Kambel, 209-577-5444, [email protected] Consent

24. 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)
Staff Recommendation:
 Resolution accepting the Paradise Road Pavement Rehabilitation, STPL5059(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.

UTILITIES; Pete Kambel, 209-577-5444, [email protected] Consent

25. 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 Source:

Wastewater Fund)
Staff Recommendation:
 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 - 10 -
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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.

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

26. 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 Source: Federal Transit Administration, Local Transportation Funds, State – SB1 State of Good Repair and Low Carbon Transit Operations Program)
Staff Recommendation:
 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.

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

27. 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) Staff Recommendation:
 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 - 11 -
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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 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.

UTILITIES; David Felix, 209-577-5488, [email protected] Consent

28. 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)
Staff Recommendation:
 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 years; and authorizing the City Manager, or his designee, to execute the Agreement.

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

COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS

HEARINGS
Published in the Modesto Bee on March 24, 2023

29. 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)
Staff Recommendation:
 Motion introducing and waiving the first reading of an Ordinance amending Section 27-3-9 of the Zoning Map of the City of Modesto to rezone from LowDensity Residential, R-1, to Medium-High Density Residential, R-3, properties located at 1505 and 1513 Scenic Drive.
 Resolution finding that the following subsequent project is within the scope of - 12 -
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the project covered by the Modesto Urban Area General Plan Master Environmental Impact Report (SCH NO. 2014042081): rezone from LowDensity Residential (R-1) Zone to Medium-High Density Residential (R-3) Zone, properties located at 1505 and 1513 Scenic Drive.

CED; Michael Arroyo, 209-577-5272, [email protected] Published in the Modesto Bee on March 24, 2023

30. Hearing to consider an Ordinance amending Section 10-4.102 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); repealing Section 10-4.115 and Section 10-4.116 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); adding Article 5 regarding Accessory Dwelling Units to Title 10, Chapter 4 (Development Standards); and repealing and replacing Chapter 8 of Title 10 regarding Density Bonus and Affordable Housing. (Funding Source: General Fund) Staff Recommendation:
 Motion introducing and waiving the first reading of an Ordinance amending Section 10-4.102 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); repealing Section 10-4.115 and Section 10-4.116 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); adding Article 5 regarding Accessory Dwelling Units to Title 10, Chapter 4 (Development Standards); and repealing and replacing Chapter 8 of Title 10 regarding Density Bonus and Affordable Housing.

CED; Diana Lowrance, 209-577-5302, [email protected] Published in the Modesto Bee on March 24, 2023

31. Hearing to consider final adoption of Ordinance 3760-C.S. repealing and replacing Chapter 1 of Title 3 of the Modesto Municipal Code amending the City’s Fire Code to adopt the 2022 California Fire Code. (Funding Source: Not Applicable) Staff Recommendation:
 Motion adopting Ordinance 3760-C.S. repealing and replacing Chapter 1 of Title 3 of the Modesto Municipal Code amending the City’s Fire Code to adopt the 2022 California Fire Code.

FIRE DEPARTMENT; Darin Jesberg, 209-577-9139, [email protected] Published in the Modesto Bee on March 24, 2023

32. Hearing to consider approving the application of Heavenly Transport, LLC, and authorizing the issuance of a Permit to operate as a Non-Emergency Medical Transport Company in the City of Modesto. (Funding Source: General Fund) Staff Recommendation:
 Resolution approving the application of Heavenly Transport, LLC and authorizing the issuance of a Permit to operate as a Non-Emergency Medical Transport Company in the City of Modesto.

POLICE; Robert Reyna, 209-572-9500, [email protected] - 13 -
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MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.

ADJOURNMENT

CLOSED SESSION
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on
TUESDAY, APRIL 04, 2023 AT 4:00 PM
in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.

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

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

CLOSED SESSION

1. Consider appointing Real Property Negotiators Travis Weeks, Right of Way Consultant and Jose M. Sanchez, City Attorney for Property: APN: 037-050-018.

Motion appointing Real Property Negotiators Travis Weeks, Right of Way Consultant and Jose M. Sanchez, City Attorney for Property: APN: 037-050-018.

City Attorney, Jose M. Sanchez, 577-5284, [email protected] CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Seever et al. v. City of Modesto et al.

United States Eastern District
Case No.: 1:21-cv-01373
Stephanie Lopez v. City of Modesto, et al.

Superior Court of California, County of Stanislaus
Stanislaus County Case No.: CV-21-00925
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4/4/2023
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4/4/2023 5:30:00 PM
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: Paradise Road and Chicago, Modesto CA 95351 – APN 037-050-018 Property Owners: Northern Suncrest Apartments LLC, (Joe Wu and Gloria Wu) Negotiating Parties:

For City: Travis Weeks, Right of Way Consultant
Jose M. Sanchez, City Attorney
For Owner: Joe Wu
Under Negotiation: Price and Terms
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association - 15 -
4/4/2023
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4/4/2023 5:30:00 PM
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature
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4/4/2023
1https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTXIAPBOCO_S1102APT E

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 4, 2023
Date: March 3, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: Appointment of Cecil Russel to the Planning Commission CONTACT: Jessica Hill, Interim Director of Community and Economic Development [email protected]; 209-577-5267
DESCRIPTION:

Consider appointing Cecil Russell to the City of Modesto Planning Commission with a term expiration of January 1, 2027. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

This action supports the City’s Strategic Commitment, “Build Community trust in City Government through Responsive, Transparent and Efficient Service Delivery. Goal I. Promote Trust and Engagement between the Community and the City”.

BACKGROUND:

The Planning Commission is responsible for making decisions and recommendations regarding the development of the community. The Planning Commission has final authority regarding subdivision maps and parcel maps, certain zoning matters and development plans, and occasionally matters appealed either from the staff level or Board of Zoning Adjustment. The Planning Commission makes recommendations to the City Council regarding annexations, rezonings, code amendments and most General Plan-related matters. Seven (7) members are appointed by the City Council for a 4-year term.

Section 11021 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions with the recommendation of the City’s Appointments Committee.

DISCUSSION:

Commissioner Carmen Morad’s second term came to an end on January 1, 2023, leaving a vacancy on the Planning Commission. This vacancy is to be filled by a prospective candidate, subject to interviews and subsequent recommendation to the Council by the Appointments Committee, as required by Council policy 1.008, followed by final approval of the City Council. #4..
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City Council, April 4, 2023
Appointment of Cecil Russell to the Planning Commission

The Appointments Committee interviewed four candidates on March 2, 2023 and recommends appointing Cecil Russell to the Planning Commission.

FISCAL IMPACT:

There is no fiscal impact related to this action.

COMMITTEE RECOMMENDATION:

On Thursday, March 2, 2023, the Appointments Committee conducted interviews and endorsed the appointment of Cecil Russell to the Planning Commission, and recommended forwarding to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations
Resolution appointing Cecil Russell to the City of Modesto Planning Commission with a term expiration of January 1, 2027.

Approved by:

Jessica Hill, Interim C&EDD Director
Joseph P. Lopez, City Manager
Attachments:

1. Resolution
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04/04/2023/CED/Hill 1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPOINTING CECIL RUSSELL TO THE CITY OF

MODESTO PLANNING COMMISSION WITH A TERM EXPIRATION
OF JANUARY 1, 2027
WHEREAS, Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions; and WHEREAS, Planning Commissioner Carmen Morad second term will be coming to an end on January 1, 2023, leaving a vacancy on the Planning Commission; and WHEREAS, the Appointments Committee met on March 2, 2023 and recommended the appointment of Cecil Russell to the Modesto Planning Commission.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Council of the City of Modesto that it herby appoints Cecil Russell to the City of Modesto Planning Commission, each with a term expiration of January 1, 2027.

BE IT FURTHER RESOLVED, the City Clerk is hereby directed to transmit a copy of this resolution to the appointed member of the Modesto Planning Commission, and the Secretary thereof.

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:
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04/04/2023/CED/Hill 2 2023-
ATTEST: ___________________________
DIANE NAYARES-PEREZ, 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 14, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: Appointment of Jose Vazquez to the Citizens Housing and Community Development Committee as the 2023 Planning Commission representative CONTACT: Jessica Hill, Interim Director of Community and Economic Development, [email protected] , 209-577-5267
DESCRIPTION:

Consider appointing Jose Vazquez as the Planning Commission Representative to the Citizens Housing and Community Development Committee for 2023, with a term expiration of December 31, 2023. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This action supports the City’s Strategic Commitment, “Build Community trust in City Government through Responsive, Transparent and Efficient Service Delivery. Goal I. Promote Trust and Engagement between the Community and the City”.

BACKGROUND:

Each year the Planning Commission appoints an individual from their membership to serve as the Planning Commission representative to the Board of Zoning Adjustment (BZA) and the Citizens Housing and Community Development Committee (CH&CDC).

In accordance with Section 1102 of the Charter of the City of Modesto, members are nominated, and upon approval by their respective committee or commission, the recommendations are forwarded to the City Council for approval.

DISCUSSION:

The Planning Commission met on January 23, 2023, and recommended the appointment of Jose Vazquez as its representative to the CH&CDC for 2023. Mr. Vazquez, is qualified and willing to be appointed as the Planning Commission representative to the CH&CDC for 2023 with a term expiration of December 31, 2023.

FISCAL IMPACT:

There is no fiscal impact with the subject appointments. #5..
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City Council, April 4, 2023
Appointment of Jose Vazquez to the Citizens Housing and Community Development Committee as the 2022 Planning Commission representative

COMMITTEE RECOMMENDATION:

The Planning Commission met on January 23, 2023, and recommended the appointment of Jose Vazquez as its representative to the CH&CDC for 2023 with a term expiration of December 31, 2023.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution appointing Jose Vazquez as the 2023 Planning Commission Representative to the Citizens Housing and Community Development Committee (CH&CDC) with a term expiration of December 31, 2023.

Approved by:

Jessica Hill, Interim Director of C&ED
Joseph P. Lopez, City Manager
Attachments:

1. Resolution
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04/4/2023/CEDD/Jhill 1 2023-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XXX
RESOLUTION APPOINTING JOSE VAZQUEZ AS THE 2023 PLANNING

COMMISSION REPRESENTATIVE TO THE CITIZENS HOUSING AND

COMMUNITY DEVELOPMENT COMMITTEE (CH&CDC) WITH A TERM
EXPIRATION OF DECEMBER 31, 2023
WHEREAS, Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions; and WHEREAS, the Planning Commission appoints an individual from their membership to serve as the Planning Commission representative to the Board of Zoning Adjustment (BZA) and the Citizens Housing and Community Development Committee (CH&CDC) each year; and
WHEREAS, on January 23, 2023, the Planning Commission recommended Jose Vazquez as its representative to the Citizens Housing and Community Development Committee; and
WHEREAS, Mr. Vazquez is qualified and willing to be appointed as the Planning Commission representative to the CH&CDC for 2023.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Modesto that Jose Vazquez is hereby appointed as the 2023 Planning Commission representative to the Citizens Housing and Community Development Committee, with a term expiration of December 31, 2023.

BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to transmit a copy of this resolution to the appointed member of the Citizens Housing and Community Development, and the Secretary thereof.
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04/4/2023/CEDD/Jhill 2 2023-XXX
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, 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 8, 2023
TO: Mayor and City Council
THROUGH: Joseph Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: Board of Building Appeals Reappointment – John Bergman CONTACT: Oscar Diaz, Chief Building Official, [email protected], 209-571-5885 DESCRIPTION:

Consider approving the reappointment of John Bergman to the Board of Building Appeals with a term expiration of January 1, 2027. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

The recommended action supports the City of Modesto’s 2020-2025 Strategic Plan, Goal I Promote Trust and Engagement.

BACKGROUND:

The Board of Building Appeals’ (Board) primary responsibility is to hear appeals from any person questioning an order of the City’s Chief Building Official related to building, plumbing, mechanical, electrical, dangerous building or housing codes. Additionally, the Board recommends changes to the building codes as appropriate. The members are appointed to fouryear terms with no limit to the number of terms they may serve.

Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions with the recommendation of the City’s Appointments Committee.

DISCUSSION:

The Appointments committee met on December 15, 2022 and recommended the appointment of John Bergman. Mr. Bergman ‘s initial term started on January 1, 2018 and expired on January 1, 2022. During this time, he attended every Board Meeting that was scheduled, a total of 19 meetings in all. Mr. Bergman has construction knowledge and is qualified and willing to serve on the Board of Building Appeals.

FISCAL IMPACT:

There is no fiscal impact associated with this action.
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City Council, April 4, 2023
Board of Building Appeals Reappointment - John Bergman

COMMITTEE RECOMMENDATION:

This item was considered by the Appointments Committee on December 15, 2022. The Committee discussed the appointment of John Bergman, and the Committee recommended forwarding to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the reappointment of John Bergman to the Board of Building Appeals to a second four-year term, with a term expiration date of January 1, 2027.

Approved by:

Jessica Hill, Interim Director of Community and
Economic Development
Joseph P. Lopez, City Manager
Attachments:

1. Resolution
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CEDD/BBA REAPPOINTMENT 04/04/2023

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX

RESOLUTION APPROVING THE REAPPOINTMENT OF JOHN BERGMAN

TO THE BOARD OF BUILDING APPEALS TO A SECOND FOUR-YEAR
TERM, WITH A TERM EXPIRATION OF JANUARY 1, 2027
WHEREAS, Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions, and WHEREAS, the City Council approved, by Resolution Number 2018-164 the appointment of John Bergman for the term ending January 1, 2022, and WHEREAS, John Bergman has expressed interest in continuing to serve as a member of the Board of Building Appeals, and
WHEREAS, the Appointments Committee met on December 15, 2022, and recommended the reappointment of John Bergman to the Board of Building Appeals.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves the reappointment John Bergman to the Board of Building Appels to a second four-year term, with a term expiration of January 1, 2027.

BE IT FURTHER RESOLVED, that City Clerk is hereby directed to transmit a copy of this resolution to the appointed member of the Board of Building Appeals, and the Secretary thereof.

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:
#6..
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CEDD/BBA REAPPOINTMENT 04/04/2023
AYES: Councilmembers:

NOES: Councilmembers
ABSENT: Councilmembers
ATTEST: ________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ______________________________
JOSE M. SANCHEZ, City Attorney
#6..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 4, 2023
Date: February 23, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Airport Advisory Committee, Re-Appointment of Shane Cooper and Jim McKay CONTACT: Gabe da Silva, Airport Manager [email protected] 209-577-5319 DESCRIPTION:

Consider approving the reappointments of Shane Cooper and Jim McKay to the Modesto CityCounty Airport Advisory Committee for an additional four-year term. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s Governance and Service Delivery Strategic Plan Initiative: Build community trust in City government through responsive, transparent, and efficient service delivery; Goal I: “Promote trust and engagement between the community and the City.”
BACKGROUND:

The Modesto City-County Airport (Airport) operates for the benefit of all businesses, industries, visitors and residents in the City of Modesto, Stanislaus County, and the surrounding areas. In an effort to ensure that the Airport is maintained and developed in such a manner that it will continue to be a high-quality aviation facility for its users and a good neighbor in the community, the Airport Advisory Committee (AAC) was formed. Interested citizens are appointed as members to the AAC by both the Modesto City Council and the Stanislaus County Board of Supervisors to advise on numerous matters, including policy and planning pertaining to the operation and management of the Airport. Jim McKay and Shane Cooper have each served a four-year term and wish to be reappointed to their previous positions.

DISCUSSION:

The AAC currently has two positions whose terms will be expiring on April 6, 2023. The first position of Public at Large is held by Jim McKay. Jim, the former chairman of the AAC is a longstanding tenant at the airport and an active pilot. He is active with a variety of airport organizations such as Modesto Area Pilot Association (MAPA) and Commemorative Air Force (CAF). With Jim being an active user of the airport and its facilities, he has great knowledge of the field and the operations. His extensive years of operating on this field make him a wonderful #7..
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City Council, April 4, 2023
Airport Advisory Committee, Re-Appointment of Shane Cooper and Jim McKay

member to reappoint to the committee. Jim McKay has attended five of the six AAC meetings held in calendar year 2022, giving advanced notice for the one he was unable to attend.

The second position of Business Owner/Service Provider is currently held by Shane Cooper.

Shane is 50% owner of Pacific Aircraft Service (PAS) a business that has been a staple at the Modesto Airport for nearly 40 years. PAS provides full aircraft maintenance and services to both tenants and the public. Their reputation within the aviation world is one that Shane and his partner have built from hard work and great customer service. This reputation brings them business from all over the state for their expertise. Shane’s long-standing relationship with the airport, his knowledge of the airfield and all its customers/tenants, coupled with PAS’s reputation, makes him an excellent member to reappoint to the committee. Shane Cooper has attended five of the six AAC meetings held in calendar year 2022, giving advanced notice for the one he was unable to attend.

FISCAL IMPACT:

Appointing members to a committee is administrative in nature, therefore, does not have a fiscal impact to the General Fund.

COMMITTEE RECOMMENDATION:

This item was presented to the Appointments Committee on February 23, 2023, and a recommendation was made to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the reappointments of Jim McKay and Shane Cooper to the Modesto CityCounty Airport Advisory Committee for an additional four-year term.

Approved by:

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

1. Resolution

2. 2020 AAC Bylaws

3. McKay AAC Application

4. Cooper AAC Application
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MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING THE RE-APPOINTMENTS OF JIM MCKAY AND

SHANE COOPER TO THE MODESTO CITY-COUNTY AIRPORT ADVISORY

COMMITTEE FOR AN ADDITIONAL FOUR-YEAR TERM
WHEREAS, the City of Modesto operates the Modesto City-County Airport (Airport) for the benefit of all businesses, industries, visitors and residents in the City of Modesto, Stanislaus County, and surrounding areas, and
WHEREAS, the Modesto City Council and the Stanislaus Board of Supervisors seek to ensure that the Airport is maintained and developed in such a manner that it will continue to be a high-quality aviation facility for its users and a good neighbor in the community, recognizing that both the users and community may change as the surrounding area continues to grow and develop, and
WHEREAS, Jim McKay and Shane Cooper have already served a four-year term, and
WHEREAS, Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the reappointments of Jim McKay to fill the position representing the Public at Large; and Shane Cooper to fill the position representing a Business Owner / Service Provider to the Modesto City-County Airport Advisory Committee, each for an additional term of four years.
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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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BYLAWS OF THE

AIRPORT ADVISORY COMMITTEE

ARTICLE I

AUTHORITY
The Airport Advisory Committee, hereinafter referred to as the “Committee”, has been established by the City of Modesto on August 9, 2011, Resolution #2011-355, and by the Stanislaus County Board of Supervisors on August 16, 2011, Resolution #2011-474.

ARTICLE II

PURPOSE AND INTENT
The City of Modesto operates the Modesto City-County Airport for the benefit of all residents, business owners and visitors in and around the City of Modesto and surrounding areas. The City of Modesto and Board of Supervisors seek to ensure that the Modesto City-County Airport is maintained and developed in such a manner that it will continue to be a high-quality aviation facility for its users and a good neighbor in the community, recognizing that both the users and community may change as the surrounding area continues to grow and develop. The Committee has been established to assist and advise the City of Modesto and Stanislaus County Board of Supervisors in the implementation of these objectives.

ARTICLE III

POWERS AND DUTIES
The powers and duties of the Committee are:
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1. Advise the City of Modesto and the Modesto City Council on policy matters pertaining to the operation and management of Modesto City-County Airport, the uses of property adjacent to the airport if such uses may impact operations at the airport, and any other matters as the City Manager or Modesto City Council may from time to time request relating to the Modesto City-County Airport.

2. Review and make (recommendations regarding plans and policies for airport safety.

3. Review and assist in the preparation of the Airport Master Plan, Airport Business Plan, Airport Capital Improvement Plan, and other related plans and documents.

ARTICLE IV

MEMBERSHIP
The Committee shall consist of seven (7) voting members and three (3) non-voting members with the intent to include a diversity of backgrounds and perspectives on the Committee.

1. Members shall be appointed by the City of Modesto and Stanislaus County Board of Supervisors as follows:

Voting Members: Seven (7) members. The voting members of the Committee should be appointed based on the following criteria.
(a) Public at Large – Two (2) members
(One appointed by Stanislaus County and one by Modesto City Council) Consideration should be made for those who reside within the airport influence area or planning area of the Airport.
(b) Small Aircraft Owner/General Aviation – Two (2) members (One appointed by Stanislaus County and one by Modesto City Council) Members shall be a pilot or owner of a small private aircraft that is based at the Airport. (c) Corporate Aircraft Owner/General Aviation – One (1) member (Appointed by Stanislaus County)
Members should be a pilot/aircraft user or owner who flies primarily for business purposes and who is a tenant at the Airport.
(d) Business Owner/Service Provider – One (1) member
(Appointed by Modesto City Council)
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Member should be associated with a business/service provider who is a tenant at the airport.
(e) Commercial Carrier/Service Provider – One (1) member (Appointed by Modesto City Council)
Member should be associated with a commercial carrier/service provider who is a tenant at the airport.

Non-Voting Members: Three (3) members. The non-voting members shall be a member of the Committee, but shall be without a vote in matters of the business or the Committee. The non-voting members of the Committee should be appointed based on the following criteria.
(a) Stanislaus County Board of Supervisors – One (1) member (Appointed by County Board of Supervisors)
Member should be a member of the Board of Supervisors
(b) Modesto City Council - One (1) member
(Appointed by Modesto City Council)
Member should be a member of the City Council
(c) City of Ceres – One (1) member
(Appointed by Ceres City Council)
Member should be a staff liaison for the City of Ceres

2. Members of the Committee shall reside within Stanislaus County.

3. The terms of office for each Committee member shall be four (4) years, ending on June

30. The terms of the original members shall be staggered so that the terms of no more than two (2) members will expire in any one year.

4. Should a vacancy occur in a Committee position, the appointing agency shall appoint a replacement member to fill only the expired term of the vacant position(s)

5. If the Modesto City Council or Stanislaus County Board of Supervisors do not appoint a new member or reappoint an existing member, on or before the expiration of a member’s term, that member may hold over on a month-to-month basis until such time as the member is either reappointed or a new person has been appointed to the position.

6. The failure of a member to attend 75 percent (75%) of the regular meetings within one year (July through June) shall constitute a tender of resignation by that member, which tender can be accepted by the Committee without further notice. The Committee Clerk #7..
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shall promptly notify the City of Modesto or Stanislaus County Board of Supervisors of such resignation and resulting vacancy.

ARTICLE V

SUBCOMMITTEES
The Committee may form standing or ad hoc subcommittees, as needed.

ARTICLE VI

OFFICERS

1. The officers of the Committee shall be the Chair and Vice Chair.

2. The Committee shall elect from its members, at its regular meeting in July of each year, a Chair and Vice Chair. The Chair and Vice Chair should not serve more than two consecutive one-year terms. The newly elected officers shall take office upon election. A vacancy in either position shall be promptly filled by the Committee, and such replacement officer shall serve out the remainder of the term.

3. It shall be the duty of the Chair to preside over all Committee meetings, to appoint chairs of any standing or ad hoc subcommittees, and to exercise such other powers and perform such other duties as may be prescribed by the Committee.

4. It shall be the duty of the Vice Chair to assist the Chair in the execution of that office, to preside at meetings in the event Chair is absent, and to exercise such other powers and perform such other duties as may be delegated by the Chair or as may be prescribed by the Committee.

5. The Airport Manager shall serve as Clerk to the Committee, but shall not be a member of the Committee, and shall be without a vote in matters of the business of the Committee.

It shall be the duty of the Clerk to maintain the minutes and other records of the Committee, and to receive communications and correspondence addressed to the Committee.

ARTICLE VII

MEETINGS OF THE COMMITTEE
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1. Regular meetings of the Committee shall be held bi-monthly, starting in January, on the third Thursday unless it is a holiday, in which case the meeting shall be held on the Wednesday immediately preceding. Meetings shall be held at the Modesto City-County Airport office. A regular meeting time shall be designated by the Chair.

2. The regular meeting may adjourn and reconvene at any specified time and place with Stanislaus County upon a majority vote of the Committee.

3. Special meetings may be called at the discretion of the Chair, according to Section 54596 of the Government Code.

4. A regular meeting may be cancelled by the Chair, or Vice Chair in the absence of the Chair, not less than forty-eight (48) hours in advance of the meeting, due to an expected lack of a quorum or lack of business. A regular or special meeting may be cancelled by the Chair or Vice Chair at any time due to an emergency. The reason for cancellation shall be noted in the minutes.

5. Agendas for meetings shall be prepared by Committee staff and mailed at least five days prior to a meeting to all Committee members and to others on the approved agenda mailing list. Public notice of all meetings shall be given pursuant to the Brown Act (Government Code Sections 54950 and following) in compliance with the 72-hour posting deadline for regular meetings and the 24-hour deadline for special meetings.

6. All meetings of the Committee shall comply with the Ralph M. Brown Act.

7. Unless otherwise addressed by these Bylaws, the conduct of the affairs of the Committees and subcommittees shall proceed in accordance with the Rules of Order and Procedure as may be adopted by the Committee, or in the absence thereof, in accordance with the provisions of Robert’s Rules of Order.

ARTICLE VIII

QUORUM AND VOTING

1. The presence of four (4) voting members of the Committee shall constitute a quorum for the transaction of all business duly presented at a meeting of the Committee, even if one more members must abstain from voting on a particular item of business, but if less than the full quorum was eligible to vote on the item, the Chair may direct that the item be brought back for reconsideration at the next meeting of the Committee. #7..
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2. Each member of the Committee shall have one vote, which shall be exercised by the member, if present at a meeting, unless required to abstain due to an actual or perceived conflict of interest. Voting by proxy shall not be allowed.

3. A tie shall be a rejection of the approval sought for the agenda item, but if less than the full Committee was present to vote on the item, the Chair may direct that the item be brought back for reconsideration at the next meeting of the Committee.

ARTICLE IX

CONFLICT OF INTEREST
Members of the Committee shall comply with the terms and provisions of the California Political Reform Act, and shall abstain from acting on matters as required by that Act.

ARTICLE X

AMENDMENTS TO BYLAWS
These Bylaws may be amended, repealed, or altered, in whole or in part, upon approval by the Modesto City Council and Stanislaus County Board of Supervisors. A recommendation to amend, repeal, or alter these Bylaws, in whole or in part, may be made by a majority vote of the Committee members present at any duly organized meeting of the Committee, provided that a copy of any amendment proposed for consideration shall be mailed to the last recorded address of each member at least thirty days prior to the date of the meeting. These Bylaws, and any amendments to these Bylaws, shall take effect only upon approval by the City of Modesto and Stanislaus County Board of Supervisors.
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ARTICLE XI

SEVERABILITY
If any provision of these Bylaws, or any portion thereof, is found by any court of competent jurisdiction to be unenforceable or invalid for any reason, such provision shall be severable and shall not in any way impair the enforceability of any other provision of these Bylaws. #7..
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MODESTO CITY COUNCIL
www.modestogov.com

MINUTES
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, March 14, 2023 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Pat Nagle, Redeemer
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: Council Member Williams Item 20 Reports from Closed Session: City Attorney Sanchez reported that no reportable action was taken on the Closed Session items.

MISCELLANEOUS
(Council Member Escutia-Braaton Abstained)

1. Consider nominating Council Member Rosa Escutia-Braaton to the San Joaquin Valley Special City Selection Committee for appointment to the San Joaquin Valley Air Pollution Control District Governing Board. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution nominating Council Member Rosa Escutia-Braaton to the San Joaquin Valley Special City Selection Committee for appointment to the San Joaquin Valley Air Pollution Control District Governing Board.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] #8..
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ACTION: (Wright/Williams; 6/0; Escutia-Braaton-Abstained) Resolution 2023- 098 nominating Council Member Rosa Escutia-Braaton to the San Joaquin Valley Special City Selection Committee for appointment to the San Joaquin Valley Air Pollution Control District Governing Board.

PUBLIC COMMENT PERIOD
 Mary Santos spoke about the bill regarding lifting the ban on cruising. She provided an update on the progression of the bill.
 Ramon Rodriguez stated this year is the 50th anniversary of American Graffiti and he thinks Modesto should lift the ban on cruising. Lifting the ban will cut down on illegal activity and side shows.
 Jenny Kenoyer spoke about the ACE train and voiced her concerns that it will not be here until 2026. She thinks the City needs to find out why this happened. She was under the impression that they were waiting for the tracks to be put in and that project had started.

She thinks the citizens of Modesto deserve to know why it went from 2023 to 2026.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 2-19: (Bavaro/Escutia-Braaton; 7/0)

CONSENT
Consent

2. Consider approving the minutes from the March 7, 2023 Council Meeting. (Funding Source: Not Applicable)
 Motion approving the minutes from the March 7, 2023 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Bavaro/Escutia-Braaton; 7/0) Motion approving the minutes from the March 7, 2023 Council Meeting.

Consent

3. Consider accepting the 2022 General Plan Annual Progress Report and authorizing staff to submit it to the State of California. (Funding Source: General Fund)  Resolution accepting the 2022 General Plan Annual Progress Report and authorizing staff to submit it to the State of California.

CED; Jessica Hill, 209-577-5211, [email protected]
ACTION: (Bavaro/Escutia-Braaton; 7/0) Resolution 2023-099 accepting the 2022 General Plan Annual Progress Report and authorizing staff to submit it to the State of California.

Consent
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4. Consider approving the Award of Proposal and Professional Services Agreement to Seer World, Inc, Roswell, Georgia for Urban Planning and Project Management Support for $542,000, including a 20% contingency, for a total amount not to exceed $650,400. (Funding Source: American Rescue Plan Act)
 Resolution approving the Award of Proposal and Professional Services Agreement to Seer World, LLC., Roswell, Georgia for Urban Planning and Project Management Support for $542,000, including a 20% contingency in the amount of $108,400, for a total amount not to exceed $650,400, and authorizing the City Manager, or his designee, to execute the Agreement.  Resolution approving the use of American Rescue Plan Act funds to fund the Agreement with Seer World, LLC. for Urban Planning and Project Management Support in the amount of $542,000, including a 20% contingency in the amount of $108,400, for a total amount not to exceed $650,400, and amending the Fiscal Year 2022-2023 non-capital budget in the American Rescue Grants Fund (Fund 390), and authorizing the City Manager to carry out the necessary steps to implement the adjustment described above.

CED; Edgar Garcia, 209-571-5101, [email protected] ACTION: (Bavaro/Escutia-Braaton; 7/0) Resolution 2023-100 approving the Award of Proposal and Professional Services Agreement to Seer World, LLC., Roswell, Georgia for Urban Planning and Project Management Support for $542,000, including a 20% contingency in the amount of $108,400, for a total amount not to exceed $650,400, and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Bavaro/Escutia-Braaton; 7/0) Resolution 2023-101 approving the use of American Rescue Plan Act funds to fund the Agreement with Seer World, LLC. for Urban Planning and Project Management Support in the amount of $542,000, including a 20% contingency in the amount of $108,400, for a total amount not to exceed $650,400, and amending the Fiscal Year 2022-2023 non-capital budget in the American Rescue Grants Fund (Fund 390), and authorizing the City Manager to carry out the necessary steps to implement the adjustment described above.

Consent

5. Consider approving the vacation of two Sewer Easements located northwest of the Crows Landing Road/Pueblo Avenue Intersection and Land Exchange Agreement between The City of Modesto, Southwest Hide Co. and Modesto Holding Company for the disposition of approximately 65,776 square feet of City property in exchange for receipt of approximately 103,819 square feet of property both of which are located approximately adjacent to Crowns Landing Road between the CA-99 Freeway and Zeff Road. (Funding Source: Developer Application Fees)
 Resolution approving the vacation of two Sewer Easements located northwest of the Crows Landing Road/Pueblo Avenue Intersection.
 Resolution approving a Land Exchange Agreement between The City of Modesto, Southwest Hide Co. and Modesto Holding Company for the disposition of approximately 65,776 square feet of City property in exchange #8..
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for receipt of approximately 103,819 square feet of property both of which are located approximately adjacent to Crows Landing Road between CA-99 Freeway and Zeff Road.

CED; Katherine Martin, 209-577-5267, [email protected] ACTION: (Bavaro/Escutia-Braaton; 7/0) Resolution 2023-102 approving the vacation of two Sewer Easements located northwest of the Crows Landing Road/Pueblo Avenue Intersection.

ACTION: (Bavaro/Escutia-Braaton; 7/0) Resolution 2023-103 approving a Land Exchange Agreement between The City of Modesto, Southwest Hide Co. and Modesto Holding Company for the disposition of approximately 65,776 square feet of City property in exchange for receipt of approximately 103,819 square feet of property both of which are located approximately adjacent to Crows Landing Road between CA-99 Freeway and Zeff Road.

Consent

6. Consider approving a Seventh Amendment to the Agreement with Dokken Engineering for the State Route 99/Pelandale Avenue Interchange – Phase 2 Project, to increase the existing Agreement to a total amount not to exceed $3,665,791. (Funding Source:

Streets Capital Facility Fees)
 Resolution approving a Seventh Amendment to the Agreement with Dokken Engineering for the State Route 99/Pelandale Avenue Interchange – Phase 2 Project, to increase the existing Agreement by $46,558, plus $20,000 additional services, if needed, from $3,599,233 for a total amount not to exceed $3,665,791 and authorizing the City Manager, or his designee to execute the Seventh Amendment.

CED; Phillip Soares, 209-577-5258, [email protected] ACTION: (Bavaro/Escutia-Braaton; 7/0) Resolution 2023-104 approving a Seventh Amendment to the Agreement with Dokken Engineering for the State Route 99/Pelandale Avenue Interchange – Phase 2 Project, to increase the existing Agreement by $46,558, plus $20,000 additional services, if needed, from $3,599,233 for a total amount not to exceed $3,665,791 and authorizing the City Manager, or his designee to execute the Seventh Amendment.

Consent

7. Consider approving a Seventh Amendment to the Agreement with Dokken Engineering for the State Route 132 West Freeway/Expressway - Phase 1 Project to increase the existing Agreement to a total amount not to exceed $9,499,031. (Funding Source:

Regional Measure L funds)
 Resolution approving a Seventh Amendment to the Agreement with Dokken Engineering for the State Route 132 West Freeway/Expressway - Phase 1 Project to increase the existing Agreement by $98,948, from $9,400,083 to a total amount not to exceed $9,499,031 and authorizing the City Manager, or his #8..
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designee to execute the Seventh Amendment.

CED; John Rawles, 209-577-5253, [email protected]
ACTION: (Bavaro/Escutia-Braaton; 7/0) Resolution 2023-105 approving a Seventh Amendment to the Agreement with Dokken Engineering for the State Route 132 West Freeway/Expressway - Phase 1 Project to increase the existing Agreement by $98,948, from $9,400,083 to a total amount not to exceed $9,499,031 and authorizing the City Manager, or his designee to execute the Seventh Amendment.

Consent

8. Consider approving the Prequalified Consultant List and Consultant Agreements consisting of O’Dell Engineering Group; Harris and Associates, Inc.; Yamabe and Horn Engineering, Inc; and DF Engineering Inc. for Engineering Plan Check, Map Check and Land Surveying Services for a period of three years, with two additional one-year renewal options. (Funding Source: Developer Fees)  Resolution approving the Prequalified Consultant List and Consultant Agreements consisting of O’Dell Engineering Group; Harris and Associates, Inc.; Yamabe and Horn Engineering, Inc; and DF Engineering Inc. for Engineering Plan Check, Map Check and Land Surveying Services for a period of three years, with two additional one-year extension options; for a combined annual estimated cost of $160,000 and a total amount not to exceed $800,000 over five years, and authorizing the City Manager or his designee to execute the Consultant Agreements.

CED; Toby Wells, 209-571-5542, [email protected]
ACTION: (Bavaro/Escutia-Braaton; 7/0) Resolution 2023-106 approving the Prequalified Consultant List and Consultant Agreements consisting of O’Dell Engineering Group; Harris and Associates, Inc.; Yamabe and Horn Engineering, Inc; and DF Engineering Inc. for Engineering Plan Check, Map Check and Land Surveying Services for a period of three years, with two additional one-year extension options; for a combined annual estimated cost of $160,000 and a total amount not to exceed $800,000 over five years, and authorizing the City Manager or his designee to execute the Consultant Agreements.

Consent

9. Consider accepting the Public Improvements of Icon at the Village Subdivision located south of Sharon Avenue between Yellowhammer Lane and Snowy Egret Street, west of Claus Road, and releasing securities upon expiration of statutory periods. (Funding Source: Not Applicable)
 Resolution accepting the Public Improvements for Icon at the Village Subdivision, located south of Sharon Drive, south of Yellowhammer Lane, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s Office, and to release securities upon expiration of statuary periods.

CED; Toby Wells, 209-571-5542, [email protected]
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ACTION: (Bavaro/Escutia-Braaton; 7/0) Resolution 2023-107 accepting the Public Improvements for Icon at the Village Subdivision, located south of Sharon Drive, south of Yellowhammer Lane, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s Office, and to release securities upon expiration of statuary periods.

Consent

10. Consider accepting the Public Improvements of Metro at the Village Subdivision located southeast of Floyd Avenue at Roselle Avenue and releasing securities upon expiration of statutory periods. (Funding Source: Not Applicable)  Resolution accepting the Public Improvements for Metro at the Village Subdivision, located southeast of Floyd Avenue at Roselle Avenue, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s Office, and to release securities upon expiration of statuary periods.

CED; Toby Wells, 209-571-5542, [email protected]
ACTION: (Bavaro/Escutia-Braaton; 7/0) Resolution 2023-108 accepting the Public Improvements for Metro at the Village Subdivision, located southeast of Floyd Avenue at Roselle Avenue, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s Office, and to release securities upon expiration of statuary periods.

Consent

11. Consider accepting the Public Improvements of Trails at Falling Leaf Subdivision located at the northwest corner of Floyd Avenue and Claus Road and releasing securities upon expiration of statutory periods. (Funding Source: Not Applicable)  Resolution accepting the Public Improvements for Trails at Falling Leaf Subdivision, located at the northwest corner of Floyd Avenue and Claus Road, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s Office, and to release securities upon expiration of statuary periods.

CED; Toby Wells, 209-571-5542, [email protected]
ACTION: (Bavaro/Escutia-Braaton; 7/0) Resolution 2023-109 accepting the Public Improvements for Trails at Falling Leaf Subdivision, located at the northwest corner of Floyd Avenue and Claus Road, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s Office, and to release securities upon expiration of statuary periods.

Consent

12. Considering accepting an award of $350,000 from the Governor’s Office of Business and Economic Development (Go-Biz) for the Cannabis Equity Grants Program for Local Jurisdictions. (Funding Source: Cannabis Equity Grant Funds)  Resolution authorizing the Grant Agreement with the Governor’s Office of Business and Economic Development (go-biz) for the award of $350,000 and authorizing the City Manager to execute by electronic signature on behalf of the #8..
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City of Modesto, the Grant Agreement and, including any extensions or amendments thereof and any subsequent Grant Agreement with the Governor’s office of Business and Economic Development in relation thereto.

CED; Sean Rando, 209-577-5473, [email protected]
ACTION: (Bavaro/Escutia-Braaton; 7/0) Resolution 2023-110 authorizing the Grant Agreement with the Governor’s Office of Business and Economic Development (go-biz) for the award of $350,000 and authorizing the City Manager to execute by electronic signature on behalf of the City of Modesto, the Grant Agreement and, including any extensions or amendments thereof and any subsequent Grant Agreement with the Governor’s office of Business and Economic Development in relation thereto.

Consent

13. Consider approving an Agreement for Low Lead Brass, PVC, Galvanized Fittings and Valves to Ferguson Waterworks, Modesto CA, and Pace Supply, Stockton, CA for a total amount not to exceed $3,200,000 over five years. (Funding Source: Water Fund)  Resolution approving the Award of Bid and Agreement for Low Lead Brass, PVC, Galvanized Fittings and Valves to two vendors with the overall lowest responsive and responsible bids to Ferguson Waterworks, Modesto, CA, and Pace Supply, Stockton, CA for a one–year Agreement with four, one-year extension options, for a total estimated annual amount of $640,000, and a total amount not to exceed $3,200,000 over five years, and authorizing the Director of Finance, or her designee, to execute the Agreements.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Bavaro/Escutia-Braaton; 7/0) Resolution 2023-111 approving the Award of Bid and Agreement for Low Lead Brass, PVC, Galvanized Fittings and Valves to two vendors with the overall lowest responsive and responsible bids to Ferguson Waterworks, Modesto, CA, and Pace Supply, Stockton, CA for a one–year Agreement with four, one-year extension options, for a total estimated annual amount of $640,000, and a total amount not to exceed $3,200,000 over five years, and authorizing the Director of Finance, or her designee, to execute the Agreements.

Consent

14. Consider approving the Purchase for Fleet Replacement Vehicles which includes two Vacuum 3 Axle Trucks in the amount not to exceed $1,296,449 and rescinding Resolution 2023-013. (Funding Source: Replacement Fund)  Resolution approving the Competitive Bidding Process from Sourcewell with Vac-con Inc., Green Cove Springs, FL to purchase two Vacuum 3 Axle Trucks for an amount not to exceed $1,296,449 and rescinding Resolution 2023-13; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] #8..
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ACTION: (Bavaro/Escutia-Braaton; 7/0) Resolution 2022-112 approving the Competitive Bidding Process from Sourcewell with Vac-con Inc., Green Cove Springs, FL to purchase two Vacuum 3 Axle Trucks for an amount not to exceed $1,296,449 and rescinding Resolution 2023-13; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.

Consent

15. Consider approving the Purchase of a Cybersecurity Patch Management System with Telcion Communications Group, Modesto, CA for the total amount not to exceed $109,413. (Funding Source: American Rescue Plan Act Funding)  Resolution approving the Purchase of a Cybersecurity Patch Management System with Telcion Communications Group, Modesto, CA for a total amount not to exceed $109,413; and authorizing the Purchasing Manager or her designee to issue the Purchase Order.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Bavaro/Escutia-Braaton; 7/0) Resolution 2023-113 approving the Purchase of a Cybersecurity Patch Management System with Telcion Communications Group, Modesto, CA for a total amount not to exceed $109,413; and authorizing the Purchasing Manager or her designee to issue the Purchase Order.

Consent

16. Consider adopting the 2022 Stanislaus County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) update that includes the City of Modesto Local Hazard Mitigation Plan (LHMP) Annex. (Funding Source: Not Applicable)
 Resolution adopting the 2022 Stanislaus County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) update that includes the City of Modesto Local Hazard Mitigation Plan (LHMP) Annex.

FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] ACTION: (Bavaro/Escutia-Braaton; 7/0) Resolution 2023-114 adopting the 2022 Stanislaus County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) update that includes the City of Modesto Local Hazard Mitigation Plan (LHMP) Annex.

Consent

17. Consider approving the First Amendment to the Agreement with Pacific Gas and Electric for Gas SmartMeter installation. (Funding Source: Surface Transportation Fund)
 Resolution approving the First Amendment to the Agreement with Pacific Gas and Electric for Gas SmartMeter installation adding 4776 Parker Road, and authorizing the City Manager, or his designee, to execute the Amendment.

PUBLIC WORKS; Mark Murphy, 209-577-5431, [email protected] ACTION: (Bavaro/Escutia-Braaton; 7/0) Resolution 2023-115 approving the First Amendment to the Agreement with Pacific Gas and Electric for Gas SmartMeter #8..
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installation adding 4776 Parker Road, and authorizing the City Manager, or his designee, to execute the Amendment.

Consent

18. Consider approving an Agreement with CentralSquare Technologies, LLC (CentralSquare) for the Annual Maintenance of Lucity, a Computerized Maintenance Management System (CMMS) Software for a total amount not to exceed $243,819 over five years. (Funding Source: Various)
 Resolution approving the Agreement with CentralSquare Technologies for the Annual Maintenance of Lucity, a Computerized Maintenance Management System for five year Agreement with an estimated annual amount of $44,125 with an annual increase of 5%, for a total amount not to exceed $243,820; and authorizing the City Manager, or his designee, to execute the Agreement.

UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] ACTION: (Bavaro/Escutia-Braaton; 7/0) Resolution 2023-116 approving the Agreement with CentralSquare Technologies for the Annual Maintenance of Lucity, a Computerized Maintenance Management System for five year Agreement with an estimated annual amount of $44,125 with an annual increase of 5%, for a total amount not to exceed $243,820; and authorizing the City Manager, or his designee, to execute the Agreement.

Consent

19. Consider approving the Plans and Specifications for the Facultative Biosolids Removal Project, accepting the Bid, and Awarding a Contract to Synagro, of Baltimore, MD, for a total amount not to exceed $6,725,038, and approving an Agreement with West Yost Associates for Engineering Support during construction, and Construction Management Services for a total amount not to exceed $2,246,522. (Funding Source:

Wastewater Fund)
 Resolution approving Plans and Specifications for the Facultative Biosolids Removal Project, accepting the Bid, and approving a Construction Contract with Synagro, of Baltimore, MD, in the amount of $5,173,106 plus $1,551,932 in contingency (if needed), for a total amount not to exceed $6,725,038 over five years 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 Facultative Biosolids Removal Project from 8% ($413,849) to 30% ($1,551,932) of the Construction Contract amount of $5,173,106 with Synagro, of Baltimore, MD.
 Resolution approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Support during construction, and Construction Management Services for the Facultative Biosolids Removal Project in the amount of $1,953,497 for the identified scope of services, plus $293,025 for additional services (if needed), for a total amount not to exceed $2,246,522 and authorizing the City Manager, or his designee to execute the Agreement. #8..
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 Resolution amending the Fiscal Year 2022-23 Multi-Year Program Budget in the amount of $9,271,560 to be transferred into the Project from Wastewater Reserves to fund the Facultative Biosolids Removal Project and authorizing the City Manager, or his Designee, to implement the provisions of this Resolution.

UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] ACTION: (Bavaro/Escutia-Braaton; 7/0) Resolution 2023-117 approving Plans and Specifications for the Facultative Biosolids Removal Project, accepting the Bid, and approving a Construction Contract with Synagro, of Baltimore, MD, in the amount of $5,173,106 plus $1,551,932 in contingency (if needed), for a total amount not to exceed $6,725,038 over five years and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Bavaro/Escutia-Braaton; 7/0) Resolution 2023-118 authorizing an increase in the Director’s Authority to issue Change Orders for the Facultative Biosolids Removal Project from 8% ($413,849) to 30% ($1,551,932) of the Construction Contract amount of $5,173,106 with Synagro, of Baltimore, MD.

ACTION: (Bavaro/Escutia-Braaton; 7/0) Resolution 2023-119 approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Support during construction, and Construction Management Services for the Facultative Biosolids Removal Project in the amount of $1,953,497 for the identified scope of services, plus $293,025 for additional services (if needed), for a total amount not to exceed $2,246,522 and authorizing the City Manager, or his designee to execute the Agreement.

ACTION: (Bavaro/Escutia-Braaton; 7/0) Resolution 2023-120 amending the Fiscal Year 2022-23 Multi-Year Program Budget in the amount of $9,271,560 to be transferred into the Project from Wastewater Reserves to fund the Facultative Biosolids Removal Project and authorizing the City Manager, or his Designee, to implement the provisions of this Resolution.

COUNCIL COMMENTS & REPORTS
Council Members Escutia-Braaton thanked all those employees and partners who have diligently been assisting with the storm events that is currently having an impact on everyone. There has been constant coordination with OES, and the various command centers. The communication that has been coming out of the City of Modesto, has been frequent, clear, and helpful. She greatly appreciates how staff has kept the community informed, but most important ensuring the safety of the public.

Council Member Bavaro reported on activities over the weekend. On Saturday, March 3rd he along with the Mayor attended the First Annual 10k Run with the Cop in Modesto, and over 800 students, participated in the run. This was the first of this kind of event coordinated under the leadership of Detective Shawn Dodge. Yesterday, he along with the Mayor and Council Member Eric Alvarez met new Congressman Duarte. It was a very productive meeting. #8..
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Vice Mayor Ricci spoke about the homeless crisis. He stated that Modesto is suffering under the weight of a homeless crisis and as a City they need to continue to tackle this problem from all sides. He commented about tools and programs that can help, such as safe parking, safe camping and a great program called Destiny Moves and other solutions.

Council Member Alvarez highlighted some upcoming events. The Modesto Drive Up & Drop Off Event on March 25th in District 2 at John Thurman Field from 8:00 am to 12:00 pm. The public can dispose of bulky items. He detailed the items that can be accepted. Also, the Latino Community Roundtable will be hosting, their 19th annual Cesar Chavez luncheon on March 16th from 11:30 am to 1 pm. Senator Marie Alvarado-Gil is the keynote speaker.

CITY MANAGER COMMENTS & REPORTS
None.
(Council Member Williams-Recusal due to Conflict of Interest)

HEARINGS
Published in the Modesto Bee on March 3, 2023

20. Hearing to consider approving a joint submission between the City of Modesto and Visionary Home Builders of California, Inc. for a State of California’s Affordable Housing and Sustainability Grant in an amount not to exceed $50,000,000, a City funding commitment in a total amount not to exceed $7,000,000 plus $200,000 in activity delivery costs for a grand total of $7,200,000, and the deferral of Capital Facilities Fees in an amount $ 967,750 for the development of Seventh Street Village on the properties located on 7th street between J Street and I Street, contingent on the successful award of the Affordable Housing and Sustainable Communities Grant. (Funding Source: Community Development Block Grant, Permanent Local Housing Allocation, HOME Investment Partnership, and Capital Facility Fees)  Resolution approving a joint submission between the City of Modesto and Visionary Home Builders of California, Inc. for a State of California’s Affordable Housing and Sustainability Grant in an amount not to exceed $50,000,000 for the development of Seventh Street Village on the properties located on 7th street between J Street and I Street as well as any grant required transportation improvements as outlined in the grant application and authorizing the City Manager or his designee to negotiate and execute an agreement with Visionary Home Builders, Inc. and any other documents related to the submission of the grant application.
 Resolution approving a City funding commitment in a total amount not to exceed $7,000,000 and $200,000 in activity delivery costs for a grand total of $7,200,000 for the development of Seventh Street Village on the properties located on 7th street between J Street and I Street, contingent on the successful award of the State of California for the Affordable Housing and Sustainable Communities Grant.
 Resolution approving the deferral of Capital Facilities Fees in an amount not to exceed $967,750 for the development of Seventh Street Village on the #8..
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properties located on 7th street between J Street and I Street contingent on the successful award of the State of California for the Affordable Housing and Sustainable Communities Grant.

CED; Jessica Hill, 209-577-5211, [email protected]
ACTION: (Escutia-Braaton/Ricci; 6/0; Williams Recusal) Resolution 2023-121 approving a joint submission between the City of Modesto and Visionary Home Builders of California, Inc. for a State of California’s Affordable Housing and Sustainability Grant in an amount not to exceed $50,000,000 for the development of Seventh Street Village on the properties located on 7th street between J Street and I Street as well as any grant required transportation improvements as outlined in the grant application and authorizing the City Manager or his designee to negotiate and execute an agreement with Visionary Home Builders, Inc. and any other documents related to the submission of the grant application.

ACTION: (Escutia-Braaton/Ricci; 6/0; Williams Recusal) Resolution 2023-122 approving a City funding commitment in a total amount not to exceed $7,000,000 and $200,000 in activity delivery costs for a grand total of $7,200,000 for the development of Seventh Street Village on the properties located on 7th street between J Street and I Street, contingent on the successful award of the State of California for the Affordable Housing and Sustainable Communities Grant.

ACTION: (Escutia-Braaton/Ricci; 6/0); Williams Recusal) Resolution 2023-123 approving the deferral of Capital Facilities Fees in an amount not to exceed $967,750 for the development of Seventh Street Village on the properties located on 7th street between J Street and I Street contingent on the successful award of the State of California for the Affordable Housing and Sustainable Communities Grant.

MATTERS TOO LATE FOR THE AGENDA
None.

ADJOURNMENT
This meeting adjourned at 6:51 p.m.
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Closed Session Matters Heard Prior to the Meeting

CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Kurt Anderson v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ13859808, ADJ763560
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
#8..
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3/14/2023 5:30:00 PM
Employee Organization: Unrepresented Management and Confidential Employees Attest:____________________________
Diane Nayares-Perez, City Clerk
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 4, 2023
Date: March 14, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: WMH Corporation Agreement for Standiford Avenue at State Route 99 Interchange Improvement Project
CONTACT: Toby Wells, City Engineer, [email protected], 209-571-5542 DESCRIPTION:

Consider approving a Design Services Agreement with WMH Corporation of San Jose, CA for the Standiford Avenue at State Route 99 Interchange Improvement Project in the amount of $6,450,665, plus $645,066 for additional services, if needed, for a total amount not to exceed $7,095,731, and authorizing the City Manager, or his designee to execute the Agreement; and amending the Fiscal Year 2022-23 Capital Improvement Program project 101182 budget in the amount of $3,500,000. (Funding Source: Streets Capital Facilities Fee and Regional Measure L Funds)
STRATEGIC PLAN ELEMENT:

This action for the Standiford Avenue at State Route 99 (SR99) Interchange Improvement Project is consistent with the Council’s 2020-2025 Strategic Plan Goal D, Ensure Safe, Efficient and Reliable Infrastructure. Specifically, this item supports the City’s goal to expand alternative modes of travel, improve transportation flow, and drive economic vitality.

BACKGROUND:

The Standiford Avenue at SR99 Interchange was constructed incrementally in response to changing demands and available funding over time. Now deficiencies are such that a complete overhaul is necessary to maintain flows into the future. As such, an analysis must be performed to understand the regional traffic impacts first and then look for ways to make improvements.

Staff anticipates that this could result in significant changes to local roadways, with the end result a net increase in safety and efficiency for movement of goods and services throughout the vicinity of Standiford and SR99.

The initial direction from Caltrans to staff is the SR99 overcrossing needs to be reconstructed to accommodate 8 lanes of traffic on the SR99 mainline. This work is complicated by the presence of traffic signals at less than ideal spacing in the immediate vicinity of the interchange.

Interchange reconstruction and roadway realignment will be further frustrated by the presence #9..
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City Council, April 4, 2023
WMH Corporation Agreement for Standiford Avenue at SR99 Interchange Improvement Project

of a major electrical substation and drainage facility in the northeast quadrant of the existing facility. This interchange also serves as a grade separated crossing of the Union Pacific Railroad and future expansion of the ACE Rail System.

On September 1, 2020, by Resolution No. 2020-340, Council approved amending the Capital Improvement Program (CIP) budget in the amount of $1,098,000 for Project Initiation Document and Project Approval and Environmental Document phases for the Standiford Avenue at SR99 Interchange Improvement Project.

On September 1, 2020, by Resolution No. 2020-339, Council approved a Measure L Cooperative Agreement with Stanislaus Council of Governments (StanCOG) funding up to $1,098,000 of Measure L funds for the Project Initiation Document and Project Approval and Environmental Document phases for the Standiford Avenue at SR99 Interchange Improvement Project.

On April 6, 2021, by Resolution No. 2021-127, Council approved Cooperative Agreement with Caltrans for Project Initiation Document and Project Approval Environmental Document Phases of the Standiford Avenue at SR99 Interchange Improvement Project.

DISCUSSION:

The purpose of this project is to reduce traffic congestion, improve regional and interregional traffic operation, and enhance safety on the SR99 highway and within the vicinity of the local transportation network of the Standiford Avenue at SR99 interchange through reconstruction.

StanCOG is the designated Regional Transportation Planning Agency, the designated Metropolitan Planning Organization, and the designated Council of Governments for Stanislaus County. StanCOG has designated the Standiford at SR99 Interchange as a priority project for delivery in Measure L’s first 10 years. As a Measure L regional funding priority, this project is designated to receive up to $1,098,000 of the regional project share of Measure L funds for this phase of the project. StanCOG will reimburse the City of Modesto for identified costs associated with development of this project. Per the StanCOG adopted 2022 Measure L Update, the project is allocated and additional $6,948,000 for the future Plans, Specifications and Estimate (PSE) phase.

The first project phase is termed the Project Initiation Document (PID) phase. This is the first formal project phase in developing a solution for a specific transportation problem. The outcome of the project initiation process is a document that establishes a well-defined purpose-and-need statement, proposed project scope tied to a reliable cost estimate, and a schedule. Additionally, the use of State funds for capital improvements on the State Highway System (SHS) requires an approved PID. Any major work on the State Highway System regardless of how it is funded requires an approved PID.

The PID is a technical engineering report that documents the scope, cost, and schedule of a project. The PID is the product of the project scoping effort, becomes the record of the purposeand-need for the project, and it defines the approach that will be taken to meet or reduce transportation deficiencies. The PID is a record of the existing information, initial assumptions, identified risks, and constraints that generated the development of the project work plan. The PID is used to obtain approval for inclusion of a project into a programming document or to get conceptual approval by Caltrans as a project-funded-by-others. #9..
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City Council, April 4, 2023
WMH Corporation Agreement for Standiford Avenue at SR99 Interchange Improvement Project

Caltrans requires development of a PID prior to approval to begin the environmental project phase or PA&ED. The Project Approval and Environmental Document (PA&ED) phase develops and establishes the State and Federal approvals necessary for the project to move to the final PS&E project phase. Approval of the PID, PA&ED, and PS&E phases are all milestone events that provide the basis for funding of subsequent phases concluding with the construction phase.

Committee approval of the proposed WMH Design Services Agreement is the first step towards Council approval and progression of the study and reconstruction of the Standiford Avenue at SR99 Interchange Improvement Project.

Following Council approval of the Agreement, staff will initiate the PID/PA&ED process with the consultant for those specific engineering services with the end result producing an approved Project Report and Environmental Document. When these first Project phases have been completed, staff will again return to Council with a recommendation for funding final design services that are required to produce a constructible set of plans and specifications.

On May 20, 2022, Staff solicited proposals to consultants for the Standiford Avenue at SR99 Interchange Improvement Project in compliance with Modesto Municipal Code section 8-

3.204(a). The scope of design services includes:
 Project Management
 Project Initiation
 Project Approval and Environmental Document
 Survey/Mapping
 Right of Way Support
 Public Outreach
On August 2, 2022, five consulting firms submitted proposals. These proposals were received and evaluated based on the following qualifications: Project Understanding; Project Approach; Qualified Staffing; Prior Experience; Innovation; and Familiarity with State and Federal Project Compliance. The five submittals were reviewed by a multi-jurisdictional panel comprised of representatives from the City, Stanislaus County, and Caltrans. The proposals were ranked as follows:
1) WMH Corporation, San Jose
2) Kimley-Horn, Sacramento
3) AECOM, Sacramento
4) Michael Baker International, Walnut Creek
5) TYLIN International, Sacramento
On September 23, 2022, the three top-ranked firms were interviewed with ranking as shown below. This procurement is special in that it provides for the selection of two independent teams who will be tasked with Interchange Reconstruction Design. The first team is tasked with design of the Standiford Avenue at SR99 Interchange Improvement Project. Once a firm is scheduled for approval by Council, the staff will enter cost negotiations with the next highest rated proposing firm. When that process is completed, staff will again seek Council approval for design services for the SR99 at Briggsmore Interchange Reconstruction Project. #9..
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City Council, April 4, 2023
WMH Corporation Agreement for Standiford Avenue at SR99 Interchange Improvement Project

Standiford Avenue at SR99 Interchange Improvement Project / Consultant Ranking 1) WMH Corporation, San Jose
2) AECOM, Sacramento
3) Kimley-Horn, Sacramento
WMH’s initial cost proposal estimate was $5.5 Million. This cost proposal provided staffing resources for a Project that followed a Mitigated Negative Declaration approval with a 33-month duration. Due to the size, scope and potential impacts of the project, staff recommends anticipating the project will follow a more time intensive path via approval of an EIR/EIS document with a 39-month duration.

After a series of negotiation meetings, City staff and WMH agreed on a cost proposal of $6,450,665 for the identified scope of work. In addition to $6,450,665, staff recommends approval of a contingency budget of up to $645,066 for additional services if needed. Per the contract, the City Manager will have the authority to approve these additional services up to, but not to exceed $645,066. Any additional services above the $645,066 would require an amendment and City Council approval.

In accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement. Staff followed the Request For Proposal (RFP) process pursuant to Administrative Directive 3.1. Staff recommends approval of the agreement with WMH Corporation for the Standiford Avenue at SR99 Interchange Improvement Project.

The project schedule will be driven by the review of several regulatory agencies, such as Caltrans, but the approximate keystone milestone date are as follows:

Current Schedule (approximate): Date:

Project Initiation Document September 2023
PA&ED (Mitigated Negative Declaration) October 2025
PA&ED (EIR/EIS) April 2026
The PS&E and final project schedule will be determined after completion of the PA&ED process.

FISCAL IMPACT:

This Project is included in the City’s Capital Facilities Fee (CFF) program. It is also included in the Measure L Strategic Plan managed by StanCOG. These initial phases of the project are supported by a combination of funding from both Measure L and CFF. The Project #101182 currently has $2,500,000 of CFF funds budgeted and $1,098,000 via Measure L Cooperative Agreement for the initial phase of work. The expenses for this project will be tracked in Oracle Project #101182 – Standiford SR-99 Interchange. The CFF program includes $16,936,923 for the Standiford/Beckwith Interchange at SR-99. The resolution to amend the Fiscal Year 2022- 23 Capital Improvement Program project 101182 budget in the amount of $3,500,000 is attached for consideration to fully fund this phase of the project.

WMH Agreement $6,450,665
10% Additional Services, if needed $645,066
Total Agreement w/Additional Services $7,095,731
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City Council, April 4, 2023
WMH Corporation Agreement for Standiford Avenue at SR99 Interchange Improvement Project

COMMITTEE RECOMMENDATION:

This item was reviewed by the Economic Development Committee on March 6, 2023, and the Committee approved forwarding this item to Council for approval.

CEQA/NEPA REQUIREMENTS:

The environmental review of the project will be included in the PA&ED phase of the project.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Design Services Agreement with WMH Corporation of San Jose, CA for the Standiford Avenue at State Route 99 Interchange Improvement Project in the amount of $6,450,665, plus $645,066 for additional services, if needed, for a total amount not to exceed $7,095,731, and authorizing the City Manager, or his designee to execute the Agreement.

Resolution amending the Fiscal Year 2022-23 Capital Improvement Program project 101182 budget in the amount of $3,500,000 and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.

Approved by:

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

1. Resolutions (2)

2. WMH Corporation Agreement

3. Appendix A: Required Scope of Work and Deliverables

4. Appendix H: Cost Proposal
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04/04/2023/CEDD/T.Wells 1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING A DESIGN SERVICES AGREEMENT WITH

WMH CORPORATION OF SAN JOSE, CA FOR THE STANDIFORD AVENUE AT STATE ROUTE 99 INTERCHANGE IMPROVEMENT PROJECT IN THE AMOUNT OF $6,450,665, PLUS $645,066 FOR ADDITIONAL SERVICES, IF NEEDED, FOR A TOTAL AMOUNT NOT TO EXCEED $7,095,731, AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE TO EXECUTE

THE AGREEMENT
WHEREAS, the Standiford Avenue at State Route 99 (SR99) Interchange was constructed incrementally in response to changing demands and available funding over time; and
WHEREAS, now deficiencies are such that a complete overhaul is necessary to maintain traffic flows into the future; and
WHEREAS, an analysis must be performed to understand the regional traffic impacts first and then look for ways to make improvements that Staff anticipates could result in significant changes to local roadways, with the end result a net increase in safety and efficiency for movement of goods and services throughout the vicinity of Standiford and SR99; and
WHEREAS, the initial direction from Caltrans to staff is the SR99 overcrossing needs to be reconstructed to accommodate 8 lanes of traffic on the SR99 mainline; and WHEREAS, this work is complicated by the presence of traffic signals at less than ideal spacing in the immediate vicinity of the interchange; and WHEREAS, interchange reconstruction and roadway realignment will be further frustrated by the presence of a major electrical substation and drainage facility in the northeast quadrant of the existing facility; and
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04/04/2023/CEDD/T.Wells 2 2023-
WHEREAS, this interchange also serves as a grade separated crossing of the Union Pacific Railroad and future expansion of the ACE Rail System; and WHEREAS, the purpose of this project is to reduce traffic congestion, improve regional and interregional traffic operation, and enhance safety on the SR99 highway and within the vicinity of the local transportation network of the Standiford Avenue at SR99 interchange through reconstruction; and
WHEREAS, on May 20, 2022, Staff solicited proposals to consultants for the Standiford Avenue at SR99 Interchange Improvement Project in compliance with Modesto Municipal Code 8-3.204(a); and
WHEREAS, on August 2, 2022, five consulting firms submitted proposals, which were evaluated by a multi-jurisdictional panel comprised of representatives from the City, Stanislaus County; and
WHEREAS, on September 23, 2022, the three top-ranked firms were interviewed with ranking as shown below:
1) WMH Corporation, San Jose
2) AECOM, Sacramento
3) Kimley-Horn, Sacramento
WHEREAS, pursuant to Modesto Municipal Code 8-3.204(a) and Administrative Directive 3.1, staff recommends approval of the agreement with WMH Corporation for the Standiford Avenue at SR99 Interchange Improvement Project.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an agreement with WMH Corporation of San Jose, CA for the Standiford Avenue at State Route 99 Interchange Improvement Project in the amount of #9..
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04/04/2023/CEDD/T.Wells 3 2023-
$6,450,665, plus $645,066 for additional services, if needed, for a total amount not to exceed $7,095,731.

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, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _____________________________
JOSE M. SANCHEZ, City Attorney
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04/04/2023/CEDD/T.Wells - 1- 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION AMENDING THE FISCAL YEAR 2022-23 CAPITAL
IMPROVEMENT PROGRAM PROJECT 101182 BUDGET, IN THE AMOUNT OF $3,500,000 AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO

TAKE THE NECESSARY STEPS TO IMPLEMENT THE PROVISIONS OF THIS

RESOLUTION
WHEREAS, the Standiford Avenue at State Route 99 (SR99) Interchange was constructed incrementally in response to changing demands and available funding overtime; and
WHEREAS, the initial direction from Caltrans to staff is the SR99 overcrossing needs to be reconstructed to accommodate 8 lanes of traffic on the SR99 mainline; and WHEREAS, the first phase of the project is the Project Initiation Document (PID) phase; and
WHEREAS, on May 20, 2022 staff solicited proposals to consultants for the Standiford Avenue at SR99 Interchange Improvement Project and on August 2, 2022, five consulting firms submitted proposals; and
WHEREAS, WHM Corporation and the City agreed on a cost proposal of $6,450,665 for the identified scope of work; and
WHEREAS, in order to fully fund the agreement with WHM Corporation a budget adjustment in the amount of $3,500,000 is needed; and
WHEREAS, there are sufficient funds in Fund 3410 Streets Capital Facility Fee Fund reserves to fund the agreement and the program includes $16,936,923 for the Standiford/Beckwith Interchange at SR99; and
WHEREAS, the City Council shall consider amending the 2022-23 Capital Improvement Program project 101182 budget in the amount of $3,500,000. #9..
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04/04/2023/CEDD/T.Wells - 2- 2023-
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby amends the Fiscal Year 2022-23 Capital Improvement Program project 101182 budget in the amount of $3,500,000 to increase the project expenditure budget.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to take the necessary steps to implement the provisions of this resolution.

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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WMH Corporation A-1 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project

AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR
STANDIFORD AVENUE AT STATE ROUTE 99 INTERCHANGE IMPROVEMENT PROJECT

ARTICLE I RECITALS
A. THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this 4th day of April, 2023, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and WMH Corporation, hereinafter referred to as "CONSULTANT".
a. For the Administration of this contract, Contract Administrator will be City Project Manager. b. Consultant represents that it is qualified, willing and able to provide the services to prepare said document(s).

B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated January 24, 2023. The approved CONSULTANT’s Cost Proposal is attached hereto “Appendix H: Cost Proposal” and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless CITY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of CITY, as determined by a Court of competent jurisdiction. Consultant agrees to reimburse City its reasonable defense costs caused by Consultant’s negligence not to exceed its proportionate percentage of fault and as awarded by a court or arbitrator of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.

E. CITY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel.

CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the CITY as to the designation of tasks to be performed and the results to be accomplished.

F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds #9..
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WMH Corporation A-2 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project CITY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the CITY. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the CITY.

H. CONSULTANT shall be as fully responsible to the CITY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the CITY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

CONSULTANT shall provide a Baseline Milestone Schedule showing progress from Project beginning through completion of the PA&ED Phase. Said Baseline Milestone Schedule shall be updated monthly and submitted along with progress payment requests. Monthly updated schedules shall contrast current progress against the Baseline Milestone Schedule projection.

An Engineering Performance and Progress Report (EPPR) shall also accompany progress payment requests. EPPR shall show present earned value status against baseline predicted progress. Any deviation of present project completion from the projected Baseline Milestone Schedule progress will be explained along with a recovery plan to bring progress into symmetry with projected Baseline Milestone Schedule performance. All Baseline Milestone Schedule completion dates shall be met.

B. CONSULTANT’s Project Manager shall meet with CITY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.

ARTICLE III STATEMENT OF WORK
A. CONSULTANT Services
Environmental documents are not considered complete until a Caltrans District Senior Environmental Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No Significant Impact, or the Caltrans District Director signs the Record of Decision (see LAPM Chapter 6: Environmental Procedures, and the Standard Environmental Reference). #9..
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WMH Corporation A-3 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project B. Right of Way:

Right of Way study and analysis as required to complete the PID/PAED phases.

C. Surveys:

Consultant will perform Preliminary Engineering Survey as necessary to complete the PID/PAED phases of the PROJECT
D. Subsurface Investigations:

Not Applicable to this Agreement
E. CITY Obligations:

City will provide: all existing traffic data, results from regional traffic corridor feasibility study when available, and access to the traffic engineering team.

F. Conferences, Site Visits, Inspection of Work:

This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the CITY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.

G. Checking Shop Drawings:

Not Applicable to this Agreement
H. CONSULTANT Services During Construction:

Not Applicable to this Agreement
I. Documentation and Schedules:

CONSULTANT shall provide documentation and schedules as required to complete the PID/PAED phases of the PROJECT.

ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on April 4, 2023, contingent upon approval by CITY, and CONSULTANT shall commence work after notification to proceed by CITY’S Contract Administrator.

The AGREEMENT shall end on July 31, 2026, unless extended by AGREEMENT amendment.

B. TERM OF AGREEMENT: The term of agreement is specified herein as thirty-three (33) months from Notice to Proceed for a Mitigated Negative Declaration and thirty-nine (39) months for an EIR/EIS for this procurement. This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as “APPENDIX A:

REQUIRED SCOPE OF WORK AND DELIVERABLES" and made a part hereof. City hereby gives #9..
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WMH Corporation A-4 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project Consultant notice to proceed with the preparation of the project in the manner described in “APPENDIX A: REQUIRED SCOPE OF WORK AND DELIVERABLES" as of the Effective Date of this AGREEMENT. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in “APPENDIX A: REQUIRED SCOPE OF WORK AND DELIVERABLES."
C. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on CITY until the AGREEMENT is fully executed and approved by CITY.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. CITY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds CITY’s approved overhead rate set forth in the Cost Proposal. In the event, that CITY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by CITY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.

B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.

C. In addition to the allowable incurred costs, CITY will pay CONSULTANT a fixed fee of $521,588.00.

The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, CITY shall have the right to delay payment or terminate this AGREEMENT.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.

H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by CITY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. #9..
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WMH Corporation A-5 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due CITY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to CITY’s Project Manager at the following address:

City of Modesto
Attn: John Rawles
P.O. Box 642
Modesto, CA, 95353
I. The total amount payable by CITY including the fixed fee shall not exceed $6,450,664.10, except that additional services may be compensated as described below.

Additional services may be authorized by the City Manager in an amount up to, but not to exceed 10% of the agreed maximum compensation, or $645,066.00. In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Appendix H: Cost Proposal and may not exceed the amount requested and approved in writing by the City Manager.

In that event, the new total compensation shall not exceed $7,095,730.10. If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in ARTICLE V, Paragraph A of this agreement.

J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

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

Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest 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:
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WMH Corporation A-6 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated;
c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City; f. Complete performance of such part of the Work as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work; h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council.

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

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
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WMH Corporation A-7 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to CITY.

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and CITY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. CITY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by CITY’S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by CITY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by CITY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, CITY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by CITY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by CITY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, CITY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit #9..
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WMH Corporation A-8 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the CITY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, CITY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines is received and approved by IOAI.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to CITY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of CITY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO CITY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between CITY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the CITY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the CITY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the CITY's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the CITY Contract Administrator, except that which is expressly identified in the CONSULTANT’s #9..
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WMH Corporation A-9 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project approved Cost Proposal.

C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the CITY.

E. Any substitution of Subconsultants must be approved in writing by the CITY Contract Administrator in advance of assigning work to a substitute Subconsultant.

F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than One Hundred Fifty (150) percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of Two (2) percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

G. Prompt Payment of Withheld Funds to Subconsultants
The CITY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the CITY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The CITY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.

No retainage will be held by the CITY from progress payments due to CONSULTANT. Any retainage kept by CONSULTANT or by a subconsultant must be paid in full to the earning subconsultant within fifteen (15) days after the subconsultant’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the CITY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by CITY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide #9..
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WMH Corporation A-10 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by CITY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two (2) years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures; and credit CITY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by CITY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY.

2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at CITY construction sites, at CITY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve CITY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and #9..
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WMH Corporation A-11 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by CITY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the CITY Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by CITY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform CITY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to CITY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by CITY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with #9..
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WMH Corporation A-12 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project certified payroll requirements. Invoice payment will not be made until the invoice is approved by the CITY Contract Administrator.

F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the CITY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code.

The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, CITY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.
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WMH Corporation A-13 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project

6. If CITY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if CITY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by CITY.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the CITY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.

ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this AGREEMENT or any ensuing CITY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing CITY construction project which will follow.

B. CONSULTANT certifies that it has disclosed to CITY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT.

CONSULTANT agrees to advise CITY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either CITY ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has #9..
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WMH Corporation A-14 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any CITY employee. For breach or violation of this warranty, CITY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR

LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or CITY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR §8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical #9..
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WMH Corporation A-15 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.

CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by CITY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally- assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the CITY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:
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WMH Corporation A-16 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to CITY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility.

Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (CITY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, The CITY shows a contract goal for DBEs.

CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes or work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe- search.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.  60 percent counts if the materials or supplies are purchased from a DBE regular dealer.  Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49CFR26.55 defines "manufacturer" and "regular dealer." This AGREEMENT is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist the CITY in a good faith effort to achieve #9..
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WMH Corporation A-17 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project California's statewide overall DBE goal.

B. The goal for DBE participation for this AGREEMENT is 8.79%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10- O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. Contract Assurance
Under 49 CFR 26.13(b):

CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible E. Termination and Substitution of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the CITY’s written consent.

CONSULTANT shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the CITY.

Unless the CITY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid.

The CITY authorizes a request to use other forces or sources of materials if CONSULTANT shows any of the following justifications:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The CITY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the CITY’s bond requirements.
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WMH Corporation A-18 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project

3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent.

8. Listed DBE voluntarily withdraws with written notice from the Contract

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The CITY determines other documented good cause.

CONSULTANT shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise CONSULTANT and the CITY of the reasons why the use of other forces or sources of materials should not occur.

CONSULTANT’s request to use other forces or material sources must include:

1. One or more of the reasons listed in the preceding paragraph.

2. Notices from CONSULTANT to the DBE regarding the request.

3. Notices from the DBEs to CONSULTANT regarding the request.

If a listed DBE is terminated or substituted, CONSULTANT must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal.

F. Commitment and Utilization
The CITY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The CITY shall request CONSULTANT to:

1. Notify the CITY’s contract administrator or designated representative of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
 Name and business address of each 1st-tier subconsultant  Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
 Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment)
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WMH Corporation A-19 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.

If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the CITY. On work completion, CONSULTANT shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form to the CITY within 30 days of contract acceptance.

Upon work completion, CONSULTANT shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the CITY within 90 days of contract acceptance. The CITY will withhold $10,000 until the form is submitted.

The CITY will release the withhold upon submission of the completed form.

In the CITY’s reports of DBE participation to Caltrans, the CITY must display both commitments and attainments.

G. A DBE is only eligible to be counted toward the AGREEMENT goal if it performs a commercially useful function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to CITY’s Contract Administrator within thirty (30) calendar days. #9..
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WMH Corporation A-20 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project L. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency.

M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

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

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled. (a) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(b) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(c) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (d) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and #9..
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WMH Corporation A-21 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, officials, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

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

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

ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by CITY’s Contract Administrator.

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by CITY’s Contract Administrator.

ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, CITY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after fortyfive (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
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WMH Corporation A-22 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of CITY’s Contract Administrator and City Engineer, who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by CITY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.

ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit CITY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by CITY Safety Officer and other CITY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, CITY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever.

Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract.

Any reuse by City for another project or project location shall be at City’s sole risk. #9..
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WMH Corporation A-23 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federalaid contracts).

E. CITY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVII CLAIMS FILED BY CITY’s CONSTRUCTION CONTRACTOR A. If claims are filed by CITY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with CITY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT’s personnel that CITY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from CITY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s personnel in connection with CITY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.

ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to CITY’s operations, which are designated confidential by CITY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by CITY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or CITY’s actions on the same, except to CITY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by CITY, and receipt of CITY’S written permission.

E. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than CITY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City #9..
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WMH Corporation A-24 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by CITY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXXI PROMPT PAYMENT FROM THE CITY TO CONSULTANT The CITY shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the CITY fails to pay promptly, the CITY shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the CITY shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the CITY as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request. (2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to CONSULTANT as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.

ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES
The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain Appendices A and E of the Title VI Assurances.

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the #9..
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WMH Corporation A-25 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 #9..
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WMH Corporation A-26 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);  Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
 Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
 Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);  The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);  Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;  The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;  Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
 Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

ARTICLE XXXIII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT: WMH Corporation
William Hadaya, PE, President & CEO
55 S. Market Street, Suite 1200
San Jose, CA 95113
Phone: (408) 971-7300
CITY: City of Modesto
John Rawles, Project Manager
1010 Tenth Street, Suite 3100
Modesto, CA 95354
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WMH Corporation A-27 City of Modesto
Standiford Avenue at State Route 99 Interchange Improvement Project Or Mail to: P.O. Box 642, Modesto CA 95353
Phone: (209) 577-5253

ARTICLE XXXIV CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named CITY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.

ARTICLE XXXV SIGNATURES
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this AGREEMENT in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023-________, adopted by the Council of the City of Modesto on the 4th day of April, 2023, and CONSULTANT, has caused this AGREEMENT to be duly executed in duplicate. (Signatures on next page)
2/7/2023 Reviewed by PH
5206973.1
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APPENDIX A
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City of Modesto
Request for Proposals
SR99 at Standiford Avenue/Beckwith Road
Interchange Improvement Project
APPENDIX A: REQUIRED SCOPE OF WORK AND DELIVERABLES

INTRODUCTION
The City of Modesto is the sponsor for the SR99 at Standiford Avenue/Beckwith Road Interchange Improvement Project (Herein after referred to as Standiford Road Interchange Project) and intends to retain professional engineering services for the PID and PA&ED Phases of the Project. The Project will be implemented by City of Modesto; however, there will be considerable coordination with Project stakeholders including FHWA, Caltrans, StanCOG, and Stanislaus County. Consultant will serve as City of Modesto’s development implementation and delivery team by providing technical and engineering services, including but not limited to, project management, environmental, hydraulics, traffic analysis, structural, outreach, design, and right-of-way, and other support services as required. Consultant’s team will integrate seamlessly with City’s Project Team which may include consultants and City management team members to ensure the successful delivery of the Project Environmental Document.

The Project includes improvements to the interchange along SR99 at Standiford Avenue ranging from operational improvements to the ramps to complete replacement of the overcrossing structures to relieve freeway and interchange congestion, enhance safety, improve business access and provide new pedestrian and bicycle paths along the north and south side of the crossing structures.

City of Modesto intends to conduct a Traffic Engineering Corridor analysis and feasibility study for the State Route 99 corridor as a separate contract endeavor. This study will include SR99 at Standiford Avenue and SR99 at Briggsmore Road interchanges along with approximately 10 signalized intersections within the sphere of influence for each interchange. This study will also analyze traffic at the SR99/Kansas Interchange to the south and the SR99/Pelandale Interchange to the north. Traffic subconsultants engaged under this Interchange PID/PAED contract will not be precluded from proposing on the separate Traffic Engineering Corridor study.

The objective of this Interchange RFP is to obtain an approved PID and PA&ED package for the Project.

The Consultant is encouraged to deliver the Project as expeditiously as possible, including advancement of environmental activities during the PID phase, to position the Project to be competitive for discretionary funding opportunities at the regional, state, and federal level.

The SR99/Standiford Interchange has been constructed in a piecemeal manner in response to changing demands and available funding over time. Now deficiencies are such that a complete overhaul is necessary to maintain flows into the future. As such an analysis must be performed to understand the Traffic Engineering first and then look for ways to make improvements. The City understands that this could result in radical changes impacting businesses and the local roadways, and is looking for innovation in moving the design forward for the future.

Initial thought is that the SR99 overcrossing needs to be reconstructed to accommodate 8 lanes of traffic on the SR99 mainline. This work is complicated by the presence of local traffic signals at less than ideal spacing in the immediate vicinity of the interchange. Interchange reconstruction and local roadway realignment will be further frustrated by the presence of a major electrical substation and drainage facility in the NE quadrant. This interchange also serves as a grade separated crossing of the Union Pacific Railroad and future expansion of the ACE Rail system. There are significant political entities that will likely oppose some or all proposed design elements. Successful proposers will advise the City on the best plan of action to address impacts of design to major retail businesses, as well as future expansion and development of the areas west of the interchange. Consultant’s task will be to successfully navigate these #9..
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City of Modesto
Request for Proposals
SR99 at Standiford Avenue/Beckwith Road
Interchange Improvement Project
issues to meet the schedule delivery as requested.

SCOPE OF WORK
The Consultant shall be familiar with and will be responsible for providing and performing all activities necessary to successfully deliver the Project through the Caltrans PID and PA&ED phases. The Consultant should identify and explain the necessity for any additional tasks not within the scope of services detailed below, including any modified assumptions, required in order to successfully deliver PID and PA&ED packages. The key elements to deliver from the scope of services are as follows:
• Project Management
• PSR-PDS
• Draft & Final Environmental Document
• Draft & Final Project Report
• Approved CEQA and NEPA Environmental Document
TASK 1: PROJECT MANAGEMENT
This task includes all work by the Consultant to effectively manage the scope, cost, and schedule of the Project. This may include but is not limited to the following activities and deliverables identified below:

A. Contract Administration:

1. Prepare and submit monthly progress reports and invoices in conformance with Sample Contract Appendix C (Consultant Payment Request Form).

2. Coordinate its in-house design staff and subconsultants to assure free and timely flow of information for each task activity.

3. Manage contract costs.

B. Project Control:

1. Prepare and obtain consensus for a Project Implementation Plan that describes the overall project methodology approach and assumptions and documentation requirements to complete PA&ED.

2. Prepare a detailed CPM milestone schedule, and submit an updated electronic file schedule on a quarterly or as-requested basis. Prepare, update, and submit a four-week Horizon Schedule at the regular PDT progress meetings.

3. Develop and maintain a QA/QC Program.

4. Prepare and update a project Engineering Project Performance Report (EPPR) that tracks actual schedule progress against baseline targeted goals.

5. Maintain project records.

6. Prepare and maintain a Risk Management Plan.

C. Project Communications:

1. Prepare and submit correspondence and memos, including all meeting minutes.

2. Maintain project factsheet, web-page information, or other public materials to update the public and elected officials of project progress.

3. Support and prepare materials such as maps and drawings as may be requested for meetings #9..
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City of Modesto
Request for Proposals
SR99 at Standiford Avenue/Beckwith Road
Interchange Improvement Project
beyond those dictated as part of the environmental process including but not limited to:

City presentations, Technical Advisory Committees, and other stakeholders.

D. Project Meetings:

1. Initiate and conduct monthly PDT (first to begin two months from NTP).

2. Coordination meetings as may be required to obtain required deliverables.

TASK 2: DEVELOP PSR-PDS
Consultant will investigate build alternatives and a No-build condition to provide traffic congestion relief and travel reliability in the corridor. The result of this task will be an approved PSR-PDS to enable an informed decision by the Project stakeholders to proceed toward Project approval. This task may include but is not limited to the following activities and deliverables identified below:

A. Develop general design concepts and related activities needed to establish the basis for final design including: Geometrics, Hydraulics, Bridge, Landscape Architecture, Traffic Electrical, Traffic Operation and Communications.

B. Collect and review all relevant mapping, reports and other information including site visits and field reviews to verify project features to support preliminary engineering design, cost estimates, right of way impacts, and environmental clearances.

C. Evaluate multi-modal elements including Bike, Pedestrian, and Mass Transit modes.

D. Prepare all necessary documents and other information to complete PSR-PDS and supporting documentation in accordance with Caltrans latest PDPM.

E. Develop a minimum of three design alternatives (variations) and the supporting documentation.

F. Determine the right of way, utilities easements, order of magnitude cost estimates and permit, agreements and license requirements for each of the design variations.

G. Prepare required reports to document various studies and design elements for value engineering opportunities, addressing those elements where it may appear that significant cost savings or other advantages can be realized.

H. Prepare a Draft PSR-PDS, and circulate to participating agencies and other interested parties for review, comment and ultimate approval.

TASK 3: DRAFT PROJECT REPORT & FINAL PROJECT REPORT
This Task includes all work necessary to prepare and obtain an approved Project Report for the Project. Caltrans will approve the Project Report following approval of the environmental document. This task may include but is not limited to the following activities and deliverables identified below:

A. Prepare Traffic Studies: includes researching, reviewing and updating existing traffic data, collecting and analyzing new data, running traffic models, preparing traffic forecasts and traffic operational analysis along with all the necessary supporting documentation. Consultant will use methodology, software and techniques accepted by Caltrans and CITY.

1. The lane opening year is assumed to be year 2030. Consultant will collect traffic data for all the intersections in the immediate vicinity of the SR99/Standiford Avenue Interchange. This includes significant commercial driveway entrance/exit connections at the Vintage Faire shopping Mall and adjacent area strip malls. A more comprehensive #9..
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City of Modesto
Request for Proposals
SR99 at Standiford Avenue/Beckwith Road
Interchange Improvement Project
study and analysis of the SR99 corridor between Standiford and Briggsmore interchanges will be provided by the Traffic Corridor Study consultant team.

2. Existing Conditions Analysis: Build two-hour AM and PM peak period models for SR99/Standiford Interchange for the limits presented above.

3. Traffic Forecasts/Modeling: Consultant should utilize the latest available data from the County’s Travel Demand Forecasting (TDF) models to develop Year 2045 AM and PM peak hour traffic forecasts based on land use assumptions from the City Land Use and Transportation Elements (LUTE). Forecasts will be prepared for the SR99 mainline and the study intersections.

B. Perform Preliminary Engineering: Includes compiling and reviewing existing data pertinent to the Project, planning activities, identifying and requesting supplemental information and surveys, establishing coordination with any adjacent projects, obtaining information and requirements for utilities, right-of-way and permits, defining and refining the study alternative, preparing base mapping, developing preliminary utility impacts, and preparing the preliminary cost estimate:

1. Data Collection and Review: Consultant should obtain and review available data and information necessary for planning and preliminary engineering of the Project. The information may be obtained from City of Modesto, Caltrans, local agencies, utility owners, and other agencies and organizations.

2. Permits: Consultant will secure permits from the appropriate entities to obtain physical access, as may be required, to confirm site conditions.

3. Base Mapping: Prepare mapping suitable for the PA&ED and with expanded details for potential use in the final design of the Project. Mapping shall be prepared in a format consistent with Caltrans drafting standards.

4. Develop Alternatives: Consultant should incorporate Complete Streets Concepts, Context Sensitive Solutions, and other urban design concepts as applicable.

5. Preliminary Cost Estimate: The preliminary cost estimate will be prepared in Caltrans DPR/PR format.

TASK 4: CEQA AND NEPA ENVIRONMENTAL DOCUMENT
This task includes all work necessary to prepare and obtain approval of the environmental document including but not limited to preparing environmental technical studies, defining the type of environmental document, preparing and circulating the documents, and public outreach.

Caltrans will be the lead agency for both CEQA and NEPA compliance. For State environmental clearance under CEQA, this Project is expected to require an Impact Statement. For Federal environmental clearance under NEPA, this Project is expected to require an Environmental Assessment.

The Consultant should expect to prepare a combined IS/EA. The determination of the actual CEQA and NEPA document type will be made based on consultation with Caltrans, City of Modesto and the PDT.

Consultant shall assume two revisions of the administrative draft prior to preparing the public draft for distribution and two iterations of the administrative final IS/EA prior to preparing the final document for environmental clearance. As such, this scope assumes that revisions will be minor to moderate and will not require additional or new analysis.

A. Environmental technical studies will be prepared in accordance with guidance from Caltrans SER and input from relevant resource agencies and local jurisdictions.

B. In accordance with Caltrans guidelines, the technical studies must be completed and approved by #9..
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City of Modesto
Request for Proposals
SR99 at Standiford Avenue/Beckwith Road
Interchange Improvement Project
Caltrans staff prior to the commencement of the environmental document.

C. An administrative draft of each technical study will be submitted to Caltrans for review.

D. It is assumed that a comment/resolution matrix will accompany comments from Caltrans, so that a record of requested revisions is available for each technical study.

E. The technical studies will be revised per Caltrans comments and a completed matrix indicating how comments have been addressed will be provided.

F. Individual meetings with Caltrans reviewers will be held to address unresolved comments followed by the preparation of a final version of the technical study. It is assumed that Caltrans will review the document on behalf of FHWA under the NEPA delegation agreement and no separate FHWA NEPA review will be required.

G. Following Caltrans District Approval of the Draft IS/EA, copies (hard copy and electronic) will be prepared for circulation.

H. Consultant should prepare the Notice of Completion and deliver 15 copies to the State Clearinghouse.

Notice of Availability in a local newspaper of general circulation will start the public review period for the Draft IS/EA. A PDF version of the Draft IS/EA also will be prepared for posting on the City of Modesto and Caltrans websites.

I. Written comments and responses from the public circulation shall be prepared. It is assumed that all comments can be addressed through revisions to the Draft IS/EA and that no technical studies shall require updates or changes.

J. Comments and Final IS/EA: Two (2) reviews of the Final IS/EA are assumed prior to Caltrans acceptance.

K. Public Outreach: Public involvement activities during the PA&ED phase will meet the requirements of CEQA/NEPA, Caltrans and City of Modesto procedures.

DELIVERABLES AND REVIEW:

PROJECT DELIVERY SCHEDULE
Consultant team will provide a proposed project development schedule that meets the above timeline or provide an alternate of its own choosing.

As CEQA/NEPA lead, Caltrans will provide oversight of the preparation of the documents required for the PID and PA&ED packages. All work products and deliverables shall be prepared in accordance with the latest Caltrans regulations, policies, procedures, manuals and standards, including compliance with FHWA requirements.

Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
PID
PAED
PS&E
ROW
PS&E
ROW
Note: Phase Overlap Proposes "Design-At-Risk" Strategy
PID
PAED
YEAR 1 YEAR 2 YEAR 3 YEAR 4

INTERCHANGE DESIGN TIMELINE
PHASE
YEAR 1 YEAR 2 YEAR 3 YEAR 4
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City of Modesto
Request for Proposals
SR99 at Standiford Avenue/Beckwith Road
Interchange Improvement Project
In case of conflict, ambiguities, discrepancies, errors or omissions among the reference materials obtained by the Consultant from other agencies, the Consultant shall submit the matter to City of Modesto for clarification. Any work affected by such conflicts, ambiguities, discrepancies, errors or omissions which is performed by the Consultant before clarification by City of Modesto shall be at the Consultant's risk. Such conflicts, ambiguities, discrepancies, errors or omissions among the references shall not give rise to a claim by the Consultant for extra work unless the Consultant can demonstrate that it has incurred additional expenses as a result thereof.

All submittals of final technical reports and drawings shall be provided electronically in Adobe Acrobat PDF format or Microsoft Word format or Microsoft Word and/or Microsoft Excel format, and MicroStation format, as directed by City of Modesto. The number of required hard copy submittal shall meet Caltrans requirements. City of Modesto will require five sets of hard copies for its use.

The Consultant shall assume a minimum review time of 10 working days for City of Modesto’s review of the following documents, prior to releasing for initial review by stakeholders:

Administrative draft of PSR-PDS Administrative draft of PEAR Draft Need and Purpose Statement Draft travel model forecasts of existing and forecasted traffic Draft existing and forecasted traffic operations Administrative draft of TOAR
Administrative draft of all other environmental technical studies Draft project cost estimate Administrative draft of Design Exception Factsheets Draft public meeting displays/other meeting materials Administrative draft of IS/EA Administrative draft of Project Report Administrative draft of NOP, NOD and ROD filings.

The consultant shall assume that all other review will follow Caltrans Oversight Review timelines. #9..
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APPENDIX H
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City of Modesto
Request for Proposals
SR99 at Standiford Avenue/Beckwith Road
Interchange Improvement Project
APPENDIX H: COST PROPOSAL
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Estimated Cost ($) Fee ($)
$ 3,507,641.07 $ 279,300.89
$ 357,665.00 $ 29,312.22
$ 405,190.63 $ 33,413.58
$ 254,671.47 $ 20,898.89
$ 143,742.28 $ 11,660.97
$ 78,012.41 $ 6,441.39
$ 527,472.21 $ 41,669.15
$ 570,368.73 $ 45,687.28
$ 116,031.79 $ 9,547.58
$ 33,893.10 $ 2,592.09
$ 67,222.27 $ 4,955.97
$ 188,817.42 $ 13,399.05
$ 199,935.72 $ 16,508.45
$ 6,450,664.10 $ 515,387.51
14%
SR 99/Standiford Avenue/Beckwith Rd Interchange Improvement Project BTC

COST PROPOSAL SUMMARY
WMH Team Summary

DETAIL DESCRIPTION OF COST ELEMENTS
Firm
WMH Corporation (PRIME)
RTE
Biggs Cardosa Associates, Inc
Bennett Engineering Services Inc
H.T. Harvey & Associates
WSP

TOTAL COST
DBE %
Fehr and Peers
LSA
Parikh
Interwest
AIM Consulting
O'Dell Engineering
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Fee Schedule
Project: SR 99/Standiford Avenue/Beckwith Rd Interchange Improvement Project Contract No.: RFP 2022-11
Subject: Revised WMH Resource Plan With Cost
Date: February 8, 2023
Project: SR 99/Standiford Avenue/Beckwith Rd Interchange Improvement Project Contract No.: RFP 2022-11
Subject: Revised WMH Resource Plan With Cost
Direct Salary Rate (Average, Actual, Max) for Current Year Task 1: Project Management
Project Management and Control 766 171,017.25 $
Meeting Preparation and Attendance 1,078 258,181.58 $
Develop & Maintain a QMP and Procedures 498 98,419.73 $ Funding/Grant Support 1,232 215,256.69 $
Sub Total - Task 1 3,574 742,875.26 $
Task 2: Develop PSR-PDS

2.1 Data Collection and Review of Existing Data and Reports 449 88,126.98 $

2.2 Initial Screening 368 85,032.56 $

2.3 Preliminary Plans/Exhibits 1,361 233,544.98 $

2.4 Alternative Assessment and Summary Memorandum 296 64,407.68 $

2.5 Design Alternatives (including Structures) 1,380 263,164.78 $

2.6 Non-standard Design Features 116 29,749.64 $

2.7 Complete Streets Decision Document (PID Level) 36 $ 8,823.13

2.8 Design Checklists 108 25,691.24 $

2.9 Intersection Control Evaluation (“ICE”) 741 143,160.53 $

2.10 Traffic Engineering Performance Assessment (TEPA) 1,464 272,190.32 $

2.11 Preliminary Geotechnical Report 188 38,782.71 $

2.11 Preliminary Environmental Analysis Report (PEAR) 405 70,369.28 $

2.13 Prepare Storm Water Data Report (PID Level) 342 67,841.93 $ Item No. Description
Total
Hours
Total
Fee
1 of 3
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Fee Schedule
Project: SR 99/Standiford Avenue/Beckwith Rd Interchange Improvement Project Contract No.: RFP 2022-11
Subject: Revised WMH Resource Plan With Cost
Date: February 8, 2023
Project: SR 99/Standiford Avenue/Beckwith Rd Interchange Improvement Project Contract No.: RFP 2022-11
Subject: Revised WMH Resource Plan With Cost
Direct Salary Rate (Average, Actual, Max) for Current Year

2.14 Prepare Preliminary Right-of-Way Requirements and Utility Matrices 310 60,110.96 $

2.15 Prepare PID Level Cost Estimate 222 45,796.98 $

2.16 Draft and Final PSR-PDS including Supporting Documentation 1,142 216,093.61 $ Sub Total - Task 2 8,928 1,712,887.31 $
Task 3: Draft Project Report and Final Project Report

3.1 Traffic Analysis 1,970 353,305.97 $

3.2 Data Collection and Review and Topo Surveys 1,754 227,395.43 $

3.3 Nonstandard Design Features 548 99,041.77 $

3.4 Complete Streets Decision Document (PA/ED Level) 292 49,874.05 $

3.5 Geometric Engineering Drawings (GED) 1,120 210,887.26 $

3.6 Preliminary Engineering (15%+) and APS 5,093 926,725.09 $

3.7 Storm Water Data Report (PA/ED Level) 1,354 239,531.44 $

3.8 Preliminary Geotechnical/Materials Reports 502 92,039.12 $

3.9 Updated Right of Way Requirements and Utility Matrices 508 90,268.75 $

3.10 Preliminary Cost Estimate 508 98,861.64 $

3.11 Draft and Final PR including Supporting Documentation 2,180 397,022.86 $ Sub Total - Task 3 15,829 2,784,953.39 $
Task 4: CEQA and NEPA Environmental Document

4.1 Finalize Purpose and Need 34 $ 8,322.67

4.2 Project Description 238 39,914.82 $

4.3 Environmental Technical Studies 1,865 330,283.33 $
2 of 3
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Fee Schedule
Project: SR 99/Standiford Avenue/Beckwith Rd Interchange Improvement Project Contract No.: RFP 2022-11
Subject: Revised WMH Resource Plan With Cost
Date: February 8, 2023
Project: SR 99/Standiford Avenue/Beckwith Rd Interchange Improvement Project Contract No.: RFP 2022-11
Subject: Revised WMH Resource Plan With Cost
Direct Salary Rate (Average, Actual, Max) for Current Year

4.4 Draft and Final Environmental Document 1,722 310,277.48 $

4.5 Public Outreach 926 149,013.48 $
Sub Total - Task 4 4,785 837,811.79 $
LS Visual Renderings
LS CADD, Plotting, Reproduction (Plans, Reports, and Minutes), Fed Ex, Traffic Numbers, and Local Travel
LS Escalation Cost
Sub Total - ODC
TOTAL 33,115 $6,450,664.10
$94,997.00
$372,136.35

PRODUCTIONS OF MILESTONE DELIVERABLES/DOCUMENT MANAGEMENT $163,531.11
$113,608.24
3 of 3
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
☑Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant:

Project No. Contract No. Date 12/8/2022
Hours Total
72 $ 8,640.00
2992 $ 290,224.00
1168 $ 117,968.00
60 $ 7,200.00
60 $ 6,420.00
1216 $ 89,984.00
160 $ 10,720.00
2120 $ 144,160.00
1696 $ 84,800.00
3768 $ 192,168.00
3220 $ 135,240.00
120 $ 7,920.00
302 $ 10,268.00

LABOR COSTS
$ 1,105,712.00
$ 24,502.58
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] 1,130,214.58 $

INDIRECT COSTS

36.91% ) e) Total Fringe Benefits [(c) x (d)] 417,162.20 $ 137.67% ) g) Overhead [(c) x (f)] 1,555,966.41 $

0.00% ) i) Gen & Admin [(c) x (h)] $ -
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] 1,973,128.61 $ FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 9.00% ] 279,300.89 $ l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Total
1500.00 cost/mile $ 840.00

1.00 LS $ 29,160.00

1.00 LS $ 94,997.00
$ -
$ -
l) TOTAL OTHER DIRECT COSTS $ 124,997.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Subconsultant 1: AIM Consulting (Public Outreach) $ 67,222.27 Subconsultant 2: Biggs Cardosa Associates, Inc (Structures) $ 405,190.63 Subconsultant 3: Bennett Engineering Services (Stormwater and Design Support) $ 254,671.47 Subconsultant 4: Barrios Transportation Consulting (Traffic Support) $ 78,012.41 Subconsultant 5: Fehr & Peers (Traffic and ICE) $ 527,472.21 Subconsultant 6: H.T. Harvey & Associates (Landscape/Placemaking) $ 143,742.28 Subconsultant 7: Interwest Consulting Group (ROW Support) $ 33,893.10 Subconsultant 8: LSA Associates, Inc. (Environmental) $ 570,368.73 Subconsultant 9: O'Dell Engineering (Surveys and Right-of-Way Engineering) $ 188,817.42 Subconsultant 10: Parikh Consultants, Inc (Geotechnical/Materials & ISA) $ 116,031.79 Subconsultant 11: Roundabouts & Traffic Engineering (Roundabout Design) $ 357,665.00 Subconsultant 12: WSP (Funding Support and Rail Coordination) $ 199,935.72 m) TOTAL SUBCONSULTANTS' COSTS 2,943,023.02 $
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 3,068,020.02 TOTAL COST [(c) + (j) + (k) + (n)] $ 6,450,664.10
NOTES:

1. 2.

3.

January 2020
Senior Staff Engineer Senior Staff Enginer $51.00
Project Admin $34.00
Staff Engineer Staff Engineer $42.00
Project Controls Project Controls $66.00
Anticipated salary increases calculation (page 2) must accompany.

TBD
Project Manager*
Caltrans Liaison Sean Charles*
Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Project Engineer Project Engineer
Sr Transportation Planner Sr. Transportation Planner $50.00 Project Admin
$ 94,997.00
$ -
$ -

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS $101.00
Unit Cost
$ 0.56
$ 29,160.00
Description of Item
Mileage Costs
Reproduction (including boards, mailing, and reports)
Visual Renderings
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3
$120.00
$97.00
Note: Mark-ups are Not Allowed
Name
Principal-in-Charge* William Hadaya*
Carl Gibson*
RFP 2022-11

DIRECT LABOR
Classification/Title Actual Hourly Rate
WMH Corporation
(DESIGN, ENGINEERING, AND ENVIRONMENTAL STUDIES)
$68.00
Funding Advisor Will Kempton $120.00
Technical Advisor Tim Lee $107.00
Quality Manager Shawn Vogtman $67.00
Support Services Heather Anderson $74.00
#9..
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
############ = $65.22 Year 1 Avg Hourly Rate
Avg Hourly
Rate
Year 1 $ 65.22 + = $67.83 Year 2 Avg Hourly Rate
Year 2 $ 67.83 + = $70.54 Year 3 Avg Hourly Rate
Year 3 $ 70.54 + = $73.36 Year 4 Avg Hourly Rate
Year 4 $ 73.36 + = $76.30 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 55.00% * = 9325 Estimated Hours Year 1
Year 2 35.00% * = 5934 Estimated Hours Year 2
Year 3 10.00% * = 1695 Estimated Hours Year 3
Year 4 0.00% * = 0 Estimated Hours Year 4
Year 5 0.00% * = 0 Estimated Hours Year 5
Total 100% = 16954
Year 1 $ 65.22 * = $ 608,141.60 Estimated Hours Year 1
Year 2 $ 67.83 * = $ 402,479.17 Estimated Hours Year 2
Year 3 $ 70.54 * = $ 119,593.81 Estimated Hours Year 3
Year 4 $ 73.36 * = $ - Estimated Hours Year 4
Year 5 * = $ - Estimated Hours Year 5
= $ 1,130,214.58
= $ 1,105,712.00
= $ 24,502.58 Transfer to Page 1
NOTES:

1. 2.

3. 4.

January 2020
9325
5934
1695
0 0
Calculations for anticipated salary escalation must be provided.

This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Estimated total of Direct Labor Salary Increase
Estimated %
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS Estimated hours
Cost per Year
(calculated above) (calculated above)

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Total Hours
per Cost Proposal per Cost Proposal
Total Hours

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) 16954
4%
4%
16954
per Cost Proposal
16954
16954
16954
Total
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
Completed Each Year
Proposed Escalation
4%
Direct Labor Subtotal
16954

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate
4%
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Title *:

Signature: Date of Certification (mm/dd/yyyy):

Email: Phone number:

Address:

List services the consultant is providing under the proposed contract:

January 2020
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Project Management, Roadway/Complete Streets Planning and Design; PID; PA/ED EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3
Prime Consultant or Subconsultant Certifying:
12/9/2022
Certification of Direct Costs:
408.971.7300
President
[email protected]
55 South Market St., Suite 1200, San Jose, CA 95113
William Hadaya
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Subconsultant: AIM Consulting
Project No. Contract No. Date 12/7/2022
Range Hours Actual Hourly
Rate Total
Outreach Manager 36 $ 68.49 $ 2,465.64
Asst. Outreach Manager 133 $ 48.07 $ 6,393.31
Graphic Designer 42 $ 60.17 $ 2,527.14
Project Coordinator 146 $ 31.25 $ 4,562.50
Project Administrator 146 $ 25.48 $ 3,720.08

LABOR COSTS
$ 19,668.67
$ 435.86
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 20,104.53

INDIRECT COSTS

38.70% ) e) Total Fringe Benefits [(c) x (d)] 7,780.45 $

95.20% ) g) Overhead [(c) x (f)] 19,139.51 $

40.00% ) i) Gen & Admin [(c) x (h)] 8,041.81 $
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 34,961.77
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 9% $ 4,955.97 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
mile $ 0.575 $ 1,200.00
$ 2,400.00
$ 2,000.00
$ 1,600.00
-$
l) TOTAL OTHER DIRECT COSTS 7,200.00 $
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS -$
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 7,200.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 67,222.27

1. 2.

3. Consultant
Project No. Contract No. Date 12/7/2022

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year
Contract
Rate Duration
$ 19,668.67 = $ 39.10 Year 1 Avg
Hourly Rate

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
503
Anticipated salary increases calculation (page 2) must accompany.

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
AIM Consulting
SR99
Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

Travel / Mileage - IRS Rate
Meeting Expenses
Printed Materials
Mailing/Notifications
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Description of Item
Gladys Cornell
Katie DeMaio
Darlene Tran
TBD
TBD
Note: Mark-ups are Not Allowed
SR 99 -PA/ED

DIRECT LABOR
Classification/Title Name
#9..
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Avg Hourly Rate
Year 1 $ 39.10 + = $ 40.67 Year 2 Avg
Hourly Rate
Year 2 $ 40.67 + = $ 42.29 Year 3 Avg
Hourly Rate
Year 3 $ 42.29 + = $ 43.99 Year 4 Avg
Hourly Rate
Year 4 $ 43.99 + = $ 45.74 Year 5 Avg
Hourly Rate
Total Hours
per Year
Year 1 55.00% * = 276.7 Estimated
Hours Year 1
Year 2 35.00% * = 176.1 Estimated
Hours Year 2
Year 3 10.00% * = 50.3 Estimated
Hours Year 3
Year 4 0.00% * = 0.0 Estimated
Hours Year 4
Year 5 0.00% * = 0.0 Estimated
Hours Year 5
Total 100% = 503.0
Year 1 $ 39.10 * = $ 10,817.77 Estimated
Hours Year 1
Year 2 $ 40.67 * = $ 7,159.40 Estimated
Hours Year 2
Year 3 $ 42.29 * = $ 2,127.36 Estimated
Hours Year 3
Year 4 $ 43.99 * = $ - Estimated
Hours Year 4
Year 5 $ - * = $ - Estimated
Hours Year 5
= $ 20,104.53
= $ 19,668.67
= $ 435.86 Transfer to

NOTES:

1. 2.

3. 4.

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

6. 48 Ccode of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Certification of Direct Costs:

Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Calculations for anticipated salary escalation must be provided. 277
176
50 0
0 Total Direct Labor Cost with Escalation
503.0
Total

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per Year (calculated above) (calculated above) Completed Each Year per Cost Proposal
503.0
503.0
503.0
503.0
4%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
Proposed Escalation
4%
4%
4%
#9..
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All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Katie DeMaio Title *: President CEO
Signature: Date of Certification: 12/7/2022
Email: [email protected] Phone number: 916.442.1168 Address: 2523 J Street, Suite 202, Sacramento CA
List services the subconsultant is providing under the proposed contract:

Prime Consultant or Subconsultant Certifying:
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice Public Engagement
#9..
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant
Project No. Contract No. Date
Actual Hourly
Rate Total
Principal Eddie Barrios $                    98.84 $            31,827.00 00 $                        ‐
00 $                        ‐
00 $                        ‐
00 $                        ‐
00 $                        ‐
Total Hours
LABOR COSTS
a)  Subtotal Direct Labor Costs  $ 31,827.00
b)  Anticipated Salary Increases (see page 2 for sample)  $ 705.29 c) TOTAL DIRECT LABOR COSTS [(a)+(b)] $ 32,532.28
INDIRECT COSTS
d)  Fringe Benefits (Rate 0.00% ) e) TOTAL FRINGE BENEFITS [(c) x (d)] $ - f)  Overhead (Rate 0.00% ) g) Overhead [(c) x (f)] $ -
h)  General and Administrative (Rate  120.00% ) i) Gen & Admin [(c) x (h)] $ 39,038.74 Safe Harbor Rate
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 39,038.74
FIXED FEE k) TOTAL FIXED FEE [(c) + (J)] x fixed fee: 9.00% $ 6,441.39 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) ‐ ITEMIZE (Add additional pages if necessary) Unit Cost TOTAL
$0.625 $0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
l) TOTAL OTHER DIRECT COSTS  $0.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) $0.00
$0.00
$0.00
$0.00
m) TOTAL SUBCONSULTANTS' COSTS $0.00
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $0.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 78,012.41
Notes:
0 EXHIBIT 10‐H1 COST PROPOSAL (Page 1 of 3)
ACTUAL COST‐PLUS‐FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Barrios Transportation Consulting
RFP 2022‐11 TBD 12/7/2022
Classification/Title Name Hours
322
0 0
0 0
322
Description of Item Quantity Unit
Mileage Costs 0 Mile
Reprographics/Plotting
Permit Fees
Shipping/USPS/Courier
Other ODCs ‐ list specific costs
Other ODCs ‐ list specific costs
Other ODCs ‐ list specific costs
Other ODCs ‐ list specific costs

2.  The cost proposal format shall not be amended.  Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

3.  Anticipated salary increases calculation (page 2) must accompany.

1.  Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing age requirements must be marked with two asterisks (**).  All costs must comply with the Federal cost principles.  Subconsultants will provide their own cost proposals.

January 2020
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Local Assistance Procedures Manual EXHIBIT 10-H
Cost Proposal
Consultant Contract No. Date 12/7/2022

1. Calculate average hourly rate for 1st year of contract (Direct Labor Subtotal divided by total hours) Direct Labor Total Hours Avg  5 year
Subtotal Per Cost cost Proposal Hourly Contract
Proposal Rate Duration
$           31,827.00 / 322 = $             98.84 Year 1 avg Hourly rate

2. Calculate hourly rate for all years (increase the Average Hourly rate for a year by proposed escalation%) Average hourly rate Proposed Escalation
Year 1 $ 98.84 + 4% = $           Year 2 Avg Hourly Rate 102.80 Year 2 $ 102.80 + 4% = $           Year 3 Avg Hourly Rate 106.91 Year 3 $ 106.91 + 4% = $           Year 4 Avg Hourly Rate 111.18 Year 4 $ 111.18 + 4% = $           Year 5 Avg Hourly Rate 115.63

3. Calculate estimated hour per year (multiply estimate % each year by total hours) Estimated % Completed Total Hours Per Cost  Total Hours per Each year Proposal Year
Year 1 55.0% * 322 = 177.1 Estimated Hours Year 1
Year 2 35.0% * 322 = 112.7 Estimated Hours Year 2
Year 3 10.0% * 322 = 32.2 Estimated Hours Year 3
Year 4 0.0% * 322 = 0.0 Estimated Hours Year 4
Year 5 0.0% * 322 = 0.0 Estimated Hours Year 5
Total 100.0% Total  = 322.0

4. Calculate Total Costs including Escalation (multiply average hourly rate by the number hours) Avg Hourly Rate Estimated hours Cost Per
(Calculated above) (Calculated above) Year
Year 1 $ 98.84 * 177.1 = 17,504.85 $      Estimated Hours Year 1 Year 2 $ 102.80 * 112.7 = 11,585.03 $      Estimated Hours Year 2 Year 3 $ 106.91 * 32.2 = $       3,442.41 Estimated Hours Year 3 Year 4 $ 111.18 * 0.0 = ‐$                  Estimated Hours Year 4 Year 5 $ 115.63 * 0.0 = ‐$                  Estimated Hours Year 5 Total Direct Labor Cost with Escalation = 32,532.28 $
Direct Labor Subtotal before Escalation = 31,827.00 $
Estimated Total of Direct Labor Salary Increase = $          705.29 Transferred to page 1 Notes:

1.  This is not the only way to estimate salary increases.  Other methods will be accepted if they clearly indicate the % increase, the EXHIBIT 10‐H1 COST PROPOSAL (Page 2 of 3)
ACTUAL COST‐PLUS‐FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Barrios Transportation Consulting TBD
number of years of the contract, and a breakdown of the labor to be performed each year.

2.  An estimation that is based on direct labor multiplied by salary increase % multiplied by the number of year is not acceptable. (i.e., $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

3.  This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4.  Calculations for anticipated salary escalation must be provided.

January 2020
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Certification of Direct Costs:

Prime Consultant or Subconsultant Certifying:

Name: Eraclio (Eddie) Barrios Title*:

Signature: Date of Certification (mm/dd/yyyy): 12/7/2022 Email: [email protected] Phone Number:

Address:

List of services the consultant is providing under the proposed contract:

3.  Title 23 United State Code Section 112 ‐ Letting of Contracts EXHIBIT 10‐H1 COST PROPOSAL (Page 3 of 3)
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements.

1.  Generally Accepted Accounting Principles (GAAP)

2.  Terms and conditions of the contract.
(925) 664‐6149
3054 Barranca Drive, Pittsburg, CA 94565
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Traffic Engineering Support

4.  48 Code of Federal Regulations Part 31 ‐ Contract Cost Principles and Procedures

5.  23 Code of Federal Regulations Part 172 ‐ Procurement, Management, and Administration of Engineering and Design Related Service

6.  48 Code of Federal Regulations Part 9904 ‐ Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts.  All documentation of compliance must be retained in the project files and be in compliance with applicable Federal and State requirements.  Costs that are non‐compliant with the Federal and State requirements are not eligible for reimbursement
Principal

January 2020
#9..
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Local Assistance Procedures Manual EXHBIT 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant
Project No. Contract No. Date

DIRECT LABOR
Hours
58 732
852
180
48 LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see Antcipated Salary Increases page for calculations) c) Total Direct Labor Costs [(a) + (b)] $ 140,907.11

INDIRECT COSTS
d) Fringe Benefits ( Rate: 53.60% ) e) Total Fringe Benefits [(c) x (d)] $ 75,526.21 f) Overhead ( Rate: ) $ -
h) General and Administrative ( Rate: 109.88% ) i) Gen & Admin [(c) x (h)] $ 154,828.73 j) Total Indirect Costs [(e) + (g) + (i)] $ 230,354.94

FIXED FEE
k) TOTAL FIXED FEE [(c) + (j)]* fixed fee 9% ] $ 33,413.58 Quatity Unit
320 Miles
4 EA.
100 EA.
l) TOTAL OTHER DIRECT COSTS $ 515.00
Subconsultant 1: $
Subconsultant 2: $
Subconsultant 3: $
Subconsultant 4: $
$ -
$ 515.00
$ 405,190.63
51 $ -
Assistant Engineer 46 $ -
(n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] TOTAL COST [(c) + (j) + (k) + (n)]
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) (m) TOTAL SUBCONSULTANS' COSTS
In-House CAD Plots (11x17) $1.95 $ 195.00
$0.00 $ -
Mileage $0.63 $ 200.00
Delivery Service $30.00 $ 120.00
$ 137,852.30
$ 3,054.81
g) Overhead [(c) x (f)
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Description of Item Unit Cost Total
$ -
$ -
Admin 42 $ 2,016.00
Senior Engineer 69 $ 58,788.00
Computer Drafter 62 $ 11,160.00
Principal M. Harms 126.35 $ 7,328.30
Engr. Mngr. 80 $ 58,560.00
Associate 95 $ -
Project Engineer 58 $ -
Staff Engineer
Classification/Title Name Actual Hourly Rate Total
Exhibit 10-H1 Cost Proposal
Cost-Plus-Fixed Fee or Lump Sum or Firm Fixed Price Contracts (Design, Engineering and Environmental Studies)
Biggs Cardosa Associates, Inc.

Prime Consultant Subconsultant 2nd Tier Subconsultant

January 2020
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Local Assistance Procedures Manual EXHBIT 10-H1
Cost Proposal

1. Calculate average hourly rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor
Subtotal per
Cost Proposal
Total Hours
per Cost
Proposal
Avg Hourly
Rate
$ 137,852.30 / 1870 = $73.72 Year 1 Avg Hourly Rate

2. Calculate hourly rate for all periods (Increase the Average hourly rate for a period by proposed escalation %) Avg Hourly
Rate
Proposed
Escalation
Year 1 $73.72 + 4% = $76.67
Year 2 $76.67 + 4% = $79.73
Year 3 $79.73 + 4% = $82.92 Year 4 Avg Hourly Rate
Year 4 $82.92 + 4% = $86.24 Year 5 Avg Hourly Rate

3. Calculate estimated hours per year (Multiply estimate % each period by total hours) Estimated %
Completed
Each Period
Total Hours
per Cost
Proposal
Total Hours
per Period
Year 1 55.00% * 1870 = 1028.5 Estimated Hours Year 1
Year 2 35.00% * 1870 = 654.5 Estimated Hours Year 2
Year 3 10.00% * 1870 = 187 Estimated Hours Year 3
Year 4 0.00% * 1870 = 0 Estimated Hours Year 4
Year 5 0.00% * 1870 = 0 Estimated Hours Year 5
Total 100% Total = 1870

4. Calculate Total Costs including Escalation (Multiply average hourly rate by the number of hours) Avg Hourly
Rate
Estimated
Hours
(calculated above) (calculated
above)
Year 1 $73.72 * 1028.5 = $75,818.77 Estimated Hours Year 1 Year 2 $76.67 * 654.5 = $50,178.24 Estimated Hours Year 2 Year 3 $79.73 * 187 = $14,910.10 Estimated Hours Year 3 Year 4 $82.92 * 0 = $0.00 Estimated Hours Year 4
Year 5 $86.24 * 0 = $0.00 Estimated Hours Year 5
= $140,907.11
= $137,852.30
= $3,054.81 Transfer to Page 1
Direct Labor Subtotal before escalation
Estimated total of Direct Labor Salary Increase
Cost
Per Period
Total Direct Labor Cost with Escalation
Year 2 Avg Hourly
Year 3 Avg Hourly
Actual Cost-Plus-Fixed Fee or Lump Sum or Firm Fixed Price Contracts (Calculations for Anticipated Salary Increases)
5 Year
Contract Duration
Exhibit 10-H1 Cost Proposal

January 2020
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Local Assistance Procedures Manual EXHBIT 10-H1
Cost Proposal
Name: Title*:

Signature: Date of Certification (mm/dd/yyyy): 12/7/2022 Email: Phone Number:

Address:

List services the consultant is providing under the proposed contract:
865 The Alameda, San Jose, CA 95126
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Structural Engineering
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).

Prime Consultant or Subconsultant Certifying:

Mahvash Harms Principal / Vice President
[email protected] 408-296-5515 EXT. 1128

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Exhibit 10-H1 Cost Proposal
Certification of Direct Costs:

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in

1. Generally Accepted Accounting Principles (GAAP)

January 2020
#9..
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant:

Project: Contract No. Date 12/7/2022
Range Hours Actual
Hourly Rate Total
60 $ 108.04 $ 6,482.40
46 $ 105.83 $ 4,868.18
148 $ 69.95 $ 10,352.60
120 $ 76.86 $ 9,223.20
$54.00 - $72.00 276 $ 68.90 $ 19,016.40
$45.00 - $56.00 398 $ 49.65 $ 19,760.70
$37.00 - $47.00 260 $ 44.00 $ 11,440.00
$35.00 - $45.00 0 $ 38.59 $ -
$46.00 - $57.00 80 $ 50.17 $ 4,013.60
$46.00 - $68.00 32 $ 47.72 $ 1,527.04
$23.00 - $38.00 2 $ 33.08 $ 66.16

LABOR COSTS
$ 86,750.28
$ 347.00
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 87,097.28

INDIRECT COSTS

83.06% ) e) Total Fringe Benefits [(c) x (d)] $ 72,343.02

42.05% ) g) Overhead [(c) x (f)] $ 36,624.41

41.50% ) i) Gen & Admin [(c) x (h)] $ 36,145.37
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 145,112.80
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 9% $ 20,898.89 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
2500 mile $ 0.625 $ 1,562.50
l) TOTAL OTHER DIRECT COSTS $ 1,562.50
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) $ -
m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 1,562.50 TOTAL COST [(c) + (j) + (k) + (n)] $ 254,671.47

1. 2.

3. Classification/Title
Engineer II Staff
d) Fringe Benefits (Rate:

Anticipated salary increases calculation (page 2) must accompany.

Staff
Bennett Engineering Services
* Leo Rubio
* Carlton Allen
Staff
Designer III Staff
Modesto-SR99 Interchanges Inc
Project Manager IV
Principal Engineer
Engineer III
Engineer IV
Engineer VI * Don Jones
Principal Engineer * Trin Campos
Engineer I
Project Controls
Name

DIRECT LABOR
Staff
Staff
Staff
Description of Item
Mileage
The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

Note: Mark-ups are Not Allowed
Administrative
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

Subconsultant 1:
#9..

Consultant
Project No. Contract No. Date 12/7/2022

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 86,750.28 = $ 61.01 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ 61.01 + = $ 61.01 Year 2 Avg Hourly Rate
Year 2 $ 61.01 + = $ 63.45 Year 3 Avg Hourly Rate
Year 3 $ 63.45 + = $ 65.98 Year 4 Avg Hourly Rate
Year 4 $ 65.98 + = $ 68.62 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 55.00% * = 782.1 Estimated Hours Year 1
Year 2 35.00% * = 497.7 Estimated Hours Year 2
Year 3 10.00% * = 142.2 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 1422.0
Year 1 $ 61.01 * = $ 47,712.65 Estimated Hours Year 1
Year 2 $ 61.01 * = $ 30,362.60 Estimated Hours Year 2
Year 3 $ 63.45 * = $ 9,022.03 Estimated Hours Year 3
Year 4 $ 65.98 * = $ - Estimated Hours Year 4
Year 5 $ - * = $ - Estimated Hours Year 5
= $ 87,097.28
= $ 86,750.28
= $ 347.00 Transfer to Page 1
NOTES:

1. 2.

3. 4. Calculations for anticipated salary escalation must be provided.

This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 4%
1422.0
Cost per Year
Estimated % Total Hours
(calculated above) (calculated above)
498
Modesto-SR99 Interchanges Inc 0
Bennett Engineering Services

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
1422.0
Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
Completed Each Year per Cost Proposal
1422.0
Estimated total of Direct Labor Salary Increase
Avg Hourly Rate
782
Estimated hours
Direct Labor Subtotal before Escalation
1422.0
Total

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) 0%
1422.0
4%
4%
1422

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
142
0 0
Total Direct Labor Cost with Escalation

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) #9..

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

6. 48 Ccode of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Title *:

Signature: Date of Certification: 12/7/2022
Email: Phone number: 916-783-4100
Address:

List services the consultant is providing under the proposed contract:

Leo Rubio President
Hydraulics & Hydrology, Drainage Analysis, Stormwater Compliance & Quality Control * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Certification of Direct Costs:

Prime Consultant or Subconsultant Certifying:
1082 Sunrise Avenue, Suite 100 Roseville, CA 95661
[email protected]
#9..

Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant
Project No. Contract No. Date
Actual Hourly
Rate
Total
Project Manager Ian Barnes $ 85.50 $ 23,256.00
Principal-in-Charge Fred Choa $ 115.00 $ 4,370.00
Sr. Associate David Stanek $ 81.00 $ 13,446.00
Associate Ronald Ramos $ 62.50 $ 10,375.00
Sr. Associate Mackenzie Watten $ 74.00 $ 8,732.00
Sr. Engineer/Planner Albee Wei $ 52.50 $ 6,195.00
Principal Meghan Mitman $ 114.00 $ 5,700.00
Principal Ryan McClain $ 94.50 $ 4,725.00
Principal Erin Ferguson $ 93.00 $ 2,790.00
Sr. Engineer/Planner $ 52.00 $ 36,504.00
Planner/Engineer $ 41.60 $ 29,203.20
Sr. Engineering Technician $ 41.60 $ 2,828.80
Project Coordinator $ 39.97 $ 12,030.97
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
Total Hours

LABOR COSTS
a) Subtotal Direct Labor Costs $ 160,155.97
b) Anticipated Salary Increases (see page 2 for sample) $ 3,549.06 c) TOTAL DIRECT LABOR COSTS [(a)+(b)] $ 163,705.03

INDIRECT COSTS
d) Fringe Benefits (Rate 80.17% ) e) TOTAL FRINGE BENEFITS [(c) x (d)] $ 131,242.32 f) Overhead (Rate 49.99% ) g) Overhead [(c) x (f)] $ 81,836.14 h) General and Administrative (Rate 52.66% ) i) Gen & Admin [(c) x (h)] $ 86,207.07 Caltrans Acceptance ID: D2020-0689
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 299,285.53
FIXED FEE k) TOTAL FIXED FEE [(c) + (J)] x fixed fee: 9.00% $ 41,669.15 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Unit Cost TOTAL
$0.625 $312.50
$0.00
$0.00
$0.00
$22,500.00 $22,500.00
$0.00
$0.00
$0.00
l) TOTAL OTHER DIRECT COSTS $22,812.50
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) $0.00
$0.00
$0.00
$0.00
166
EXHIBIT 10-H1 COST PROPOSAL (Page 1 of 3)

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Fehr & Peers
RFP 2022-11 TBD 12/7/2022
Classification/Title Name Hours
272
38 0
166
118
118
50 50
30 702
702
68 301
0 0
0 0
0 0
0 0
0 0
0 2,781
Description of Item Quantity Unit
Mileage Costs 500 Mile
Reprographics/Plotting
Permit Fees
Shipping/USPS/Courier
Data Collection (Counts, INRIX, etc.) 1 Variable

January 2020
#9..
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
m) TOTAL SUBCONSULTANTS' COSTS $0.00
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $22,812.50 TOTAL COST [(c) + (j) + (k) + (n)] $ 527,472.21
Notes:

2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

3. Anticipated salary increases calculation (page 2) must accompany.

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing age requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

January 2020
#9..
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Local Assistance Procedures Manual EXHIBIT 10-H
Cost Proposal
Consultant Contract No. Date 12/7/2022

1. Calculate average hourly rate for 1st year of contract (Direct Labor Subtotal divided by total hours) Direct Labor Total Hours Avg 5 year
Subtotal Per Cost cost Proposal Hourly Contract
Proposal Rate Duration
$ 160,155.97 / 2,781 = $ 57.59 Year 1 avg
Hourly rate

2. Calculate hourly rate for all years (increase the Average Hourly rate for a year by proposed escalation%) Average hourly rate Proposed Escalation
Year 1 $ 57.59 + 4% = $ 59.89 Year 2 Avg Hourly Rate
Year 2 $ 59.89 + 4% = $ 62.29 Year 3 Avg Hourly Rate
Year 3 $ 62.29 + 4% = $ 64.78 Year 4 Avg Hourly Rate
Year 4 $ 64.78 + 4% = $ 67.37 Year 5 Avg Hourly Rate

3. Calculate estimated hour per year (multiply estimate % each year by total hours) Estimated % Completed Total Hours Per Cost Total Hours per Each year Proposal Year
Year 1 55.0% * 2781 = 1529.6 Estimated Hours Year 1
Year 2 35.0% * 2781 = 973.4 Estimated Hours Year 2
Year 3 10.0% * 2781 = 278.1 Estimated Hours Year 3
Year 4 0.0% * 2781 = 0.0 Estimated Hours Year 4
Year 5 0.0% * 2781 = 0.0 Estimated Hours Year 5
Total 100.0% Total = 2781.0

4. Calculate Total Costs including Escalation (multiply average hourly rate by the number hours) Avg Hourly Rate Estimated hours Cost Per
(Calculated above) (Calculated above) Year
Year 1 $ 57.59 * 1529.6 = $ 88,085.78 Estimated Hours Year 1 Year 2 $ 59.89 * 973.4 = $ 58,296.77 Estimated Hours Year 2 Year 3 $ 62.29 * 278.1 = $ 17,322.47 Estimated Hours Year 3 Year 4 $ 64.78 * 0.0 = $ - Estimated Hours Year 4
Year 5 $ 67.37 * 0.0 = $ - Estimated Hours Year 5
Total Direct Labor Cost with Escalation = $ 163,705.03
Direct Labor Subtotal before Escalation = $ 160,155.97
Estimated Total of Direct Labor Salary Increase = $ 3,549.06 Transferred to page 1 Notes:

1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the EXHIBIT 10-H1 COST PROPOSAL (Page 2 of 3)

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Fehr & Peers TBD
number of years of the contract, and a breakdown of the labor to be performed each year.

2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the number of year is not acceptable. (i.e., $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided.

January 2020
#9..
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Certification of Direct Costs:

Prime Consultant or Subconsultant Certifying:

Name: Lysa Wollard Title*:

Signature: Date of Certification (mm/dd/yyyy): 12/7/2022 Email: [email protected] Phone Number:

Address:

List of services the consultant is providing under the proposed contract:

3. Title 23 United State Code Section 112 - Letting of Contracts EXHIBIT 10-H1 COST PROPOSAL (Page 3 of 3)
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements.

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract.
925-930-7100
100 Pringle Avenue, Suite 600, Walnut Creek, CA 94596
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Fehr & Peers will prepare the transportation analysis and related documentation for the PID and PA/ED phase of the project.

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable Federal and State requirements. Costs that are non-compliant with the Federal and State requirements are not eligible for reimbursement
CFO

January 2020
#9..
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant ☑Subconsultant 2nd Tier Subconsultant
Consultant:

Project No. Contract No. Date 12/7/2022
Hours Total

7.0 $ 609.98

17.0 $ 1,481.37

17.0 $ 1,481.37

23.0 $ 2,004.21
110.0 $ 6,068.51

10.0 $ 502.40

60.0 $ 3,014.42

10.0 $ 502.40

53.0 $ 2,427.04

15.0 $ 686.90
169.0 $ 7,739.06

30.0 $ 1,135.82

16.0 $ 605.77
100.0 $ 3,786.06
111.0 $ 4,202.52

4.0 $ 160.17

17.0 $ 680.74

4.0 $ 111.00
$ -
$ -

37.0 $ 2,241.35
$ -
$ -
$ -

32.0 $ 1,338.46
$ -
$ -
$ -
$ -

10.0 $ 379.81
$ -
$ -

10.0 $ 400.43
$ -
$ -

LABOR COSTS
$ 41,559.79
$ 920.97
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 42,480.76

INDIRECT COSTS
110.00% ) e) Total Fringe Benefits [(c) x (d)] $ 46,728.83

95.00% ) g) Overhead [(c) x (f)] $ 40,356.72

0.00% ) i) Gen & Admin [(c) x (h)] $ -
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 87,085.55
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 9.00% ] $ 11,660.97 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Total
3864.00 cost/mile $ 2,415.00
$ -
$ -

10.00 cost/hour $ 100.00
$ -
l) TOTAL OTHER DIRECT COSTS $ 2,515.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) None
m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 2,515.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 143,742.28
NOTES:

1. 2.

3.

January 2020
Senior Technical Support Liesl Bross $40.04
Technical Support Barbara Van Winkle $27.75
Logan Egan $45.79
Ecologist 1 Audeline Kurniawan $37.86
Ecologist 1 Jenna Happach $37.86
Ecologist 1 Dawn Truelsen $37.86
Kevin Cahill
Senior Technical Support Joy DeBruyn $40.04
Principal $87.14
$45.79
$37.86
Senior Ecologist 1
Ecologist 1
Jeff Seay $50.24
Ethan Barnes
Senior Ecologist 2
Principal Joseph Howard* $87.14
Associate Ecologist Rachel Visscher $55.17
Senior Ecologist 2 Megan Richards $50.24
Senior Ecologist 1
Senior Ecologist 2
Senior GIS Analyst TBD $50.72
GIS Analyst TBD $37.98
Principal TBD $87.14
Field Biologist 1 TBD $31.25
Ecologist 2
Senior Ecologist 2 TBD $50.24
Senior Ecologist 1 TBD $45.79
TBD $41.83
$48.20
$37.98
Unit Cost
$ 0.625
$19.38
Ecologist 1 TBD $37.86
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3
$87.14
Note: Mark-ups are Not Allowed
Name
Principal Amy Sparks
RFP No. 2022-11

DIRECT LABOR
Classification/Title Actual Hourly Rate
(DESIGN, ENGINEERING, AND ENVIRONMENTAL STUDIES)

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS Triple HS, Inc. dba H. T. Harvey & Associates
Field Biologist 2 TBD $34.01
TBD
Senior Technical Editor
Technical Editor
TBD
TBD
Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).

All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. d) Fringe Benefits (Rate:
f) Overhead (Rate:
h) General & Admin (Rate:
$ -
$ 10.00
$ -
Permit Fees
Senior Associate Ecologist TBD $60.58
Associate Ecologist TBD $55.17
$ -
Senior Technical Support
GIS Computer Charges
Anticipated salary increases calculation (page 2) must accompany.

TBD $40.04
Description of Item
Mileage Costs
Equipment Rental and Supplies
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) Technical Support TBD $27.75
Clerical Support TBD
Chris Strasser $50.24
Principal
Senior Ecologist 1 Colin Wilkinson $45.79
Brian Boroski
Matt Wacker
$87.14
#9..
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Avg Hourly 5 Year Contract
Rate Duration
$ 41,559.79 = $48.21 Year 1 Avg Hourly Rate

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Avg Hourly
Rate
Year 1 $ 48.21 + = $50.14 Year 2 Avg Hourly Rate
Year 2 $ 50.14 + = $52.15 Year 3 Avg Hourly Rate
Year 3 $ 52.15 + = $54.23 Year 4 Avg Hourly Rate
Year 4 $ 54.23 + = $56.40 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 55.00% * = 474 Estimated Hours Year 1
Year 2 35.00% * = 302 Estimated Hours Year 2
Year 3 10.00% * = 86 Estimated Hours Year 3
Year 4 0.00% * = 0 Estimated Hours Year 4
Year 5 0.00% * = 0 Estimated Hours Year 5
Total 100% = 862
Year 1 $ 48.21 * = $ 22,857.89 Estimated Hours Year 1
Year 2 $ 50.14 * = $ 15,127.76 Estimated Hours Year 2
Year 3 $ 52.15 * = $ 4,495.11 Estimated Hours Year 3
Year 4 $ 54.23 * = $ - Estimated Hours Year 4
Year 5 * = $ - Estimated Hours Year 5
= $ 42,480.76
= $ 41,559.79
= $ 920.97 Transfer to Page 1
NOTES:

1. 2.

3. 4.

January 2020
Total
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
Completed Each Year
Proposed Escalation
4%
Direct Labor Subtotal
862

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate
4%
862
per Cost Proposal
862
862
862
Estimated %
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Estimated hours
Cost per Year (calculated above) (calculated above)

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Total Hours
per Cost Proposal per Cost Proposal
Total Hours
862
4%
4%
474
302
86 0
0 Calculations for anticipated salary escalation must be provided.

This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Estimated total of Direct Labor Salary Increase
#9..
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Title *:

Signature: Date of Certification (mm/dd/yyyy):

Email: Phone number:

Address:

List services the consultant is providing under the proposed contract:

January 2020
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

H. T. Harvey will provide biological services to WMH for the City of Modesto SR99 at Standiford Avenue/Beckwith Road, and the SR99 at Briggsmore Avenue/Carpenter Road Interchange Improvement Project . We will support WMH in the development of Project Initiation Document (PID) and Project Approval and Environmental Document (PA&ED).

EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3
Prime Consultant or Subconsultant Certifying:
12/7/2022
Certification of Direct Costs:
408.458.3200 x206
CEO
[email protected]
983 University Ave. Bldg. D, Los Gato, CA 95032
Karin Hunsicker
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant 2nd Tier Subconsultant Consultant: Interwest Consulting Group
Project No. Contract No. Date 7/22/2022
Range Hours Actual Hourly
Rate Total
Project Director 90 $ 81.73 $ 7,355.77
Project Manager 120 $ 67.31 $ 8,077.20
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -

LABOR COSTS
$ 15,432.97
-$
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 15,432.97

INDIRECT COSTS

43.55% ) e) Total Fringe Benefits [(c) x (d)] 6,721.06 $

43.07% ) g) Overhead [(c) x (f)] 6,646.98 $
) i) Gen & Admin [(c) x (h)] -$
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 13,368.04
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 9.00% $ 2,592.09 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
1 $ 2,500.00 $ 2,500.00
$ -
$ -
l) TOTAL OTHER DIRECT COSTS $ 2,500.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) m) TOTAL SUBCONSULTANTS' COSTS $ -
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 2,500.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 33,893.10

1. 2.

3. Brett Paulson
John Almazan
Note: Mark-ups are Not Allowed
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Anticipated salary increases calculation (page 2) must accompany.

SR99/Standiford Ave Project ROM then ROW Data Sheet

DIRECT LABOR
Classification/Title Name
a) Subtotal Direct Labor Costs
Description of Item
Run Co-Star Comp Data
The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

Subconsultant 1:

Subconsultant 2:

Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. #9..
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Consultant
Project No. Contract No. Date 7/22/2022

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 15,432.97 = $ 73.49 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $ - + = $ - Year 2 Avg Hourly Rate
Year 2 $ - + = $ - Year 3 Avg Hourly Rate
Year 3 $ - + = $ - Year 4 Avg Hourly Rate
Year 4 $ - + = $ - Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 0.00% * = 0.0 Estimated Hours Year 1
Year 2 0.00% * = 0.0 Estimated Hours Year 2
Year 3 0.00% * = 0.0 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 0% = 210.0
Year 1 $ - * = $ - Estimated Hours Year 1
Year 2 $ - * = $ - Estimated Hours Year 2
Year 3 $ - * = $ - Estimated Hours Year 3
Year 4 $ - * = $ - Estimated Hours Year 4
Year 5 $ - * = $ - Estimated Hours Year 5
= $ -
=
= Transfer to Page 1
NOTES:

1. 2.

3. 4. Calculations for anticipated salary escalation must be provided.

This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 0%
Direct Labor Subtotal before Escalation
210.0
Total

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) 0%
210.0
0%
0%
210

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
SR99/Standiford Ave Project ROM then ROW Data Sheet

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
Interwest Consulting Group

CALCULATIONS FOR ANTICIPATED SALARY INCREASES
210.0
Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
Completed Each Year per Cost Proposal
210.0
210.0
Cost per Year
Estimated total of Direct Labor Salary Increase
0 0
0 0
0 Total Direct Labor Cost with Escalation
Avg Hourly Rate Estimated hours
(calculated above) (calculated above)
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I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

6. 48 Ccode of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Kent Jorgensen Title *: Director of Real Estate Services Signature: Date of Certification: 7/22/2022
Email: [email protected] Phone number: (949) 299-5306 Address: 9300 W. Stockton Blvd., Suite 105, Elk Grove, CA 95758 List services the consultant is providing under the proposed contract:

Prime Consultant or Subconsultant Certifying:
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Complete Rough Order of Magnitude Cost for PID phase, and ROW Data Sheets for up to 2 Alternatives during the PA/ED phase.

Certification of Direct Costs:
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Local Assistance Procedures Manual
_________________________________________________________________________________________________________________________________________________ Exhibit 10-H1
Cost Proposal
☐ 2nd Tier Subconsultant
Consultant
Project No. Contract No. Date 12/07/2022

DIRECT LABOR
Hours Actual Hourly Rate Total
269 $70.99 $19,096.31
521.5 $51.06 $26,627.79
102 $68.41 $6,977.82
87 $50.18 $4,365.66
356 $39.46 $14,047.76
1045 $34.97 $36,543.65
415 $27.19 $11,283.85
161 $38.58 $6,211.38
7 $32.20 $225.40
6 $32.20 $193.20
272 $35.17 $9,566.24
LABOR COSTS Total Hours: 3241.5
a) Subtotal Direct Labor Costs $135,139.06
b) Anticipated Salary Increases (see page 2 for calculation) $13,457.76 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $148,596.82

INDIRECT COSTS
108.53% ) e) $161,272.13
133.09% ) g) Overhead [(c) x (f)] $197,767.50
h) General and Administrative (Rate: 0.00% ) i) Gen & Admin [(c) x (h)] $0.00 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $359,039.63
FIXED FEE 9.00% ] $45,687.28
l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
6 Cost $15.00 $90.00
2 Cost $950.00 $1,900.00
11600 Per Page $0.40 $4,640.00
800 Per Page $0.75 $600.00
45 Each $5.00 $225.00
Mileage (on-road) 2022 4560 Miles $0.625 $2,850.00
1 Days $75.00 $75.00
3 Days $75.00 $225.00
1 Cost $440.00 $440.00
1000 Cost $1.00 $1,000.00
I) TOTAL OTHER DIRECT COSTS $12,045.00
m) SUBCONSULTANTS’ COSTS (Add additional pages if necessary) $2,500.00
$2,500.00
$0.00
$0.00
$5,000.00
m) TOTAL SUBCONSULTANTS’ COSTS
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m TOTAL COST [(c) + (j) + (k) + (n)] $570,368.73
NOTES:

Reproduction (8.5 x 11 Color)
Reproduction (11 x 17 Color)
CD Production

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

3. Anticipated salary increases calculation (page 2) must accompany.

GPS Unit
Meals
Records Search
Sound Meter
f) Overhead & G&A (Rate:
$17,045.00
Subconsultant 1: Tim Deaon ASLA
Subconsultant 2: Crawford & Associates, Inc.

Principal
Associate
Description of Item
k) TOTAL FIXED FEE [(c) + (j)] x fixed fee
Senior Technical Specialist
Technical Specialist
d) Fringe Benefits (Rate: Total Fringe Benefits [(c) x (d)] Office Assistant
Project Assistant
Word Processor/Admin
EXHIBIT 10-H1 COST PROPOSAL PAGE 1 OF 4

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Classification/Title Name
Note: Mark-ups are Not Allowed ☐Prime Consultant ☒ Subconsultant LSA Associates, Inc.

Project Manager* Edward Heming
Principal in Charge* Pam Reading
Subconsultant 3:

Assistant Technical Specialist
GIS/Graphics
Postage/Delivery
Fossil Locality Search
Subconsultant 4:
_______________________________________________________________________________________________________________________________________Page 1 of 4 January 2020
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Local Assistance Procedures Manual
_________________________________________________________________________________________________________________________________________________ Exhibit 10-H1
Cost Proposal

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$135,139.06 = $41.69 Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 $41.69 + = $43.36 Year 2 Avg Hourly Rate
Year 2 $43.36 + = $45.09 Year 3 Avg Hourly Rate
Year 3 $45.09 + = $46.90 Year 4 Avg Hourly Rate
Year 4 $46.90 + = $48.77 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 0.00% * = 0.0 Estimated Hours Year 1
Year 2 20.00% * = 648.3 Estimated Hours Year 2
Year 3 40.00% * = 1296.6 Estimated Hours Year 3
Year 4 20.00% * = 648.3 Estimated Hours Year 4
Year 5 20.00% * = 648.3 Estimated Hours Year 5
Total 100% = 3241.5
Year 1 $41.69 * = $0.00 Estimated Hours Year 1
Year 2 $43.36 * = $28,108.92 Estimated Hours Year 2
Year 3 $45.09 * = $58,466.56 Estimated Hours Year 3
Year 4 $46.90 * = $30,402.61 Estimated Hours Year 4
Year 5 $48.77 * = $31,618.72 Estimated Hours Year 5
= $148,596.82
= $135,139.06
= $13,457.76 Transfer to Page 1
NOTES:

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided.

Completed Each Year per Cost Proposal
3241.5
3241.5
(calculated above)

0.0 648.3
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Cost per Year (calculated above)
Proposed Escalation
4%
4%
4%
4%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated %
Direct Labor Subtotal Total Hours
648.3
Total
648.3
1296.6
Estimated hours

1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) 3241.5
3241.5
Total Hours
EXHIBIT 10-H COST PROPOSAL PAGE 3 OF 4

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
3241.5
per Cost Proposal per Cost Proposal
3,241.50

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) _______________________________________________________________________________________________________________________________________Page 2 of 4 January 2020
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Local Assistance Procedures Manual
_________________________________________________________________________________________________________________________________________________ Exhibit 10-H1
Cost Proposal
Certification of Direct Costs:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract
Name: Title*:

Signature: Date of Certification (mm/dd/yyyy): 12/07/2022 Email: Phone Number: (949) 553-0666 Ext. 7268
Address:

Anthony Petros
List services the consultant is providing under the proposed contract:

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures Engineering and Design Related Service
Prime Consultant or Subconsultant Certifying:

Environmental consulting services
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. 20 Executive Park, Suite 200, Irvine, CA 92614
President
[email protected]
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).

3. Title 23 United States Code Section 112 - Letting of Contracts

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) EXHIBIT 10-H1 COST PROPOSAL PAGE 4 OF 4
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
_______________________________________________________________________________________________________________________________________Page 3 of 4 January 2020
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Local Assistance Procedures Manual EXHBIT 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant
Project No. Contract No. Date 12/7/2022

DIRECT LABOR
Hours Classification Range
23 N/A
341 N/A
655 N/A
179 N/A
179 N/A
7 N/A
0 $15.00-$70.00
0 $40.00-$115.37
0 $30.00-$50.00
0 $20.00-$40.00
0 $15.00-$30.00
0 N/A
0 N/A
0 N/A
0 N/A
0 N/A
0 N/A
0 N/A

LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see Anticipated Salary Increases page for calculations) c) Total Direct Labor Costs [(a) + (b)] $ 70,769.77

INDIRECT COSTS
d) Fringe Benefits ( Rate: 37.86% ) e) Total Fringe Benefits [(c) x (d)] $ 26,793.43 f) Overhead ( Rate: 72.51% ) $ 51,315.16
h) General and Administrative ( Rate: 0.00% ) I) Gen & Admin [(c) x (h)] $ - j) Total Indirect Costs [(e) + (g) + (I)] $ 78,108.59

FIXED FEE
k) TOTAL FIXED FEE [(c) + (j)]* fixed fee 9% ] $ 13,399.05 Quantity
20 1
l) TOTAL OTHER DIRECT COSTS $ 26,540.00
Subconsultant 1: $
$ -
$ 26,540.00
$ 188,817.42
Description of Item Unit Cost Total
Administrative TBD
Exhibit 10-H1 Cost Proposal
Cost-Plus-Fixed Fee or Lump Sum or Firm Fixed Price Contracts (Design, Engineering and Environmental Studies)
O'Dell Engineering
SR 99 Standiford TBD
Classification/Title Name Actual or Avg. Hourly Rate Total m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) (m) TOTAL SUBCONSULTANS' COSTS
Target Panels $27.00 $ 540.00
Aerial Photomapping $26,000.00 $ 26,000.00
(n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] TOTAL COST [(c) + (j) + (k) + (n)]
Principal Land Surveyor* Dylan Crawford $79.33 $ 1,824.59 Senior Surveyor Scott Roberts $60.00 $ 20,460.00
Surveyor Benjamin Garcia $37.00 $ 24,235.00
Senior Surveyor TBD $77.69 $ -
Field Surveyor - Party Chief PW** Jeffrey Ahart $64.18 $ 11,488.22 Field Surveyor - Chainman PW** Jason Andersen $60.30 $ 10,793.70 $42.50 $ -
Administrative Nicole Gallego $62.00 $ 434.00
Surveyor TBD $40.00 $ -
Assistant Surveyor TBD $30.00 $ -
CADD TBD $22.50 $ -
Field Surveyor - Party Chief PW** Ryan Andersen $59.79 $ - Field Surveyor - Party Chief PW** Chris Armstrong $62.78 $ - Field Surveyor - Party Chief PW** Matthew Martinez $79.48 $ - Unit
Field Surveyor - Chainman PW** Ricardo Uresti $60.35 $ - Field Surveyor - Chainman PW** Jacob Caton $58.41 $ -
Field Surveyor - Chainman PW** Erick Jimenez $58.96 $ - Field Surveyor - Chainman PW** Uriel Montejano $59.51 $ - $ 69,235.51
$ 1,534.26
g) Overhead [(c) x (f)
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Prime Consultant Subconsultant 2nd Tier Subconsultant