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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, May 23, 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: Pat Nagle, Redeemer
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Youth Commission Presentation (Funding Source: Not Applicable) PRN; Laurie Smith, 209-577-5347, [email protected]
2. Presentation of Certificate of Recognition to Pacific Southwest Container in honor of their 50th Anniversary. (Funding Source: Not Applicable) CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
MISCELLANEOUS
Legislation, Appointments, Other
3. Consider accepting the resignation of A’Kia Walker from the City of Modesto’s Equity Commission. (Funding Source: Not Applicable)
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Staff Recommendation:
Resolution accepting the resignation of A’Kia Walker from the City of Modesto’s Equity Commission.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected]
4. Consider approving the appointments of Frank Damrell, Kenneth Bryant, Nico Solorio, Latricia Beasley Day, Austin Grant, Nancy Smith, Brad Hawn, Trish Christensen, and Wendy Byrd for the Community Police Review Board beginning on June 15, 2023, to serve their respective terms, and approving the six applicants to serve as primary reserve candidates to be considered for appointment if a vacancy occurs within 12 months of the CPRB’s initial establishment. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointments of Frank Damrell, Kenneth Bryant, Nico Solorio, Latricia Beasley Day, Austin Grant, Nancy Smith, Brad Hawn, Trish Christensen, and Wendy Byrd for the Community Police Review Board beginning on June 15, 2023, to serve their respective terms, and approving the six applicants to serve as primary reserve candidates to be considered for appointment if a vacancy occurs within 12 months of the CPRB’s initial establishment.
CITY MANAGER; Allison Van Guilder, 209-577-5228, [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:
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. - 4 -
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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
5. Consider approving the minutes from the May 9, 2023 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the May 9, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
6. Consider approving a Legal Services Agreement with Swingle, Van Egmond & Heitlinger in an amount not to exceed $250,000 for representation in tort cases. (Funding Source: General Liability Insurance Fund)
Staff Recommendation:
Resolution approving a Legal Services Agreement with Swingle, Van Egmond & Heitlinger in an amount not to exceed $250,000 to continue representing the City of Modesto in tort cases, and authorizing the City Manager or his designee, to execute the Agreement.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] Consent
7. Consider approving a Third Amendment to the Agreement with Associated Right of Way Services, Inc. for additional Right-Of-Way Services for the Hetch Hetchy and Claratina Avenue Structural Crossing Project, increasing the Agreement by $19,460 from $57,585 for new total amount not to exceed $77,045. (Funding Source: Streets Capital Facility Fees)
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Staff Recommendation:
Resolution approving a Third Amendment to the Agreement with Associated Right of Way Services, Inc. for the Hetch Hetchy and Claratina Avenue Structural Crossing Project, increasing the Agreement amount by $19,460, from $57,585 to a new total amount not to exceed $77,045, and authorizing the City Manager, or his designee to execute the Third Amendment.
CED; Phillip Soares, 209-577-5258, [email protected] Consent
8. Consider accepting an Informational Report on the January and February 2023 Grant Applications and Awards. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for the January and February 2023 Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
9. Consider approving a Memorandum of Understanding (MOU) with Stanislaus County, Stanislaus Consolidated Fire Protection District, the Modesto Fire Department (MFD), City of Turlock and the City of Ceres to continue providing County-Wide Fire Investigation Services (Funding Source: General Fund)
Staff Recommendation:
Resolution approving a Memorandum of Understanding (MOU) with Stanislaus County, Stanislaus Consolidated Fire Protection District, the Modesto Fire Department, City of Turlock and the City of Ceres to continue providing County-Wide Fire Investigation Services; and authorizing the City Manager, or his designee, to execute the MOU.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] Consent
10. Consider approving a First Amendment to the Agreement with O’Dell Engineering, Inc. for additional tasks related to Permitting and Construction Support for the Tuolumne River Regional Park (TRRP) Non-Motorized Boat Launch and River Access Facility Project located at Neece Drive, for a new amount not to exceed $159,731. (Funding Source: Non-Motorized Boating Facilities Grant Program Funds and TRRP CIP Fund)
Staff Recommendation:
Resolution approving a First Amendment to the Agreement with O’Dell Engineering, Inc. for additional tasks related to Permitting and Construction Support for the Tuolumne River Regional Park (TRRP) Non-Motorized Boat Launch and River Access Facility Project located at Neece Drive, increasing the Agreement amount by $15,000 from $144,731 to a new total amount not to exceed $159,731 and authorizing the City Manager, or his designee, to execute the Amendment.
PRN; Nathan Houx, 209-571-5526, [email protected]
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Consent
11. Consider approving a First Amendment to the Agreement with O’Dell Engineering, Inc. for additional tasks related to the preparation of construction documentation for the César E. Chavez Renovation Project for a new total amount not to exceed $880,667. (Funding Source: Statewide Park Development and Community Revitalization Program - Proposition 68)
Staff Recommendation:
Resolution approving a First Amendment to the Agreement with O’Dell Engineering, Inc. for additional tasks related to the preparation of construction documentation for the César E. Chavez Renovation Project, increasing the Agreement amount by $80,950, for a new contract amount of $838,730, plus $41,937 in Additional Services (if needed) for a new total amount not to exceed $880,667 and authorizing the City Manager, or his designee, to execute the Amendment.
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
12. Consider accepting the Synchronization Downtown 2015 Project as complete. (Funding Source: Congestion Mitigation and Air Quality (CMAQ)) Staff Recommendation:
Resolution accepting the Synchronization Downtown 2015 Project as complete and authorizing the City Clerk to complete all necessary steps to file the appropriate notices and documents with the County Recorder.
PUBLIC WORKS; Mark Murphy, 209-577-5431, [email protected] Consent
13. Consider approving the First Amendment with Pyro Combustion of California, Oakdale, CA. for Annual Boiler Services for a revised total amount not to exceed $250,000. (Funding Source: Sewer Operations Fund)
Staff Recommendation:
Resolution approving the First Amendment to the Agreement with Pyro Combustion of California, Oakdale, CA, for Annual Boiler Services, increasing the Agreement amount by $200,000 from $50,000, for a new total amount not to exceed $250,000, and authorizing the City Manager, or his designee to execute the Amendment.
UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] Consent
14. Consider accepting the Emerald Sewer Main Emergency Repair as complete, and authorizing all payments to Rolfe Construction, Atwater, CA and Krazan & Associates, Inc., Clovis, CA, for a total cost of $66,284. (Funding Source: Sewer Operations Fund) Staff Recommendation:
Resolution accepting the Emerald Sewer Main Emergency Repair as complete, and authorizing all payments totaling $65,429 to Rolfe Construction, Atwater, CA, and authorizing all payments totaling $855 to Krazan and Associates, Inc., - 7 -
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Clovis, CA, for a total cost of $66,284, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] Consent
15. Consider rejecting all bids for the La Loma Sewer Replacement Phase 1 Project and authorizing staff to re-advertise the project for bids at a future date. (Funding Source:
Wastewater Fund)
Staff Recommendation:
Resolution rejecting all bids for the La Loma Sewer Replacement Phase 1 Project, and authorizing staff to re-advertise the project for bids at a future date.
UTILITIES; Cristian Ciotau, 209-577-5260, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
UNFINISHED BUSINESS
16. Consider approving a Professional Services Agreement for Independent Police Auditor (IPA) Services with OIR Group, Playa del Rey, CA for a total amount not to exceed $451,000 over five years. (Funding Source: General Fund) Resolution approving a Professional Services Agreement for Independent Police Auditor (IPA) Services with OIR Group, Playa del Rey, CA for a twoyear period with an option for three 1-year extension options for an annual estimated amount of $85,000 and a total amount not to exceed $451,000 over five years; and authorizing the City Manager, or his designee to execute the Agreement.
CITY MANAGER; Allison Van Guilder, 209-577-5228, [email protected]
HEARINGS
Published in the Modesto Bee on May 3, 2023
17. Hearing to consider approving an Amendment to Planned Development Zone P-D (487) to allow one- or two- story residential dwelling units, property located on Chicago Avenue west of Jeelu Way. (Funding Source: Developer Funded) Staff Recommendation:
Motion introducing and waiving the first reading of an Ordinance to amend Planned Development Zone, P-D (487), property located on Chicago Avenue west of Jeelu Way.
Resolution approving a development plan for Planned Development Zone, P-D (487).
Resolution finding that the following subsequent project is within the scope of the project covered by the Modesto Urban Area General Plan Master Environmental Impact Report (SCH No. 2014042081): Amendment to P-D (487) to allow one- or two-story residential dwelling units, property located on - 8 -
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Chicago Avenue west of Jeelu Way.
CED; Edwin Borquez, 209-577-5267, [email protected]
NEW BUSINESS
18. Consider and review the Draft Budget as submitted by the City Manager with the Mayor’s Final Budget Modifications and combining the documents into the Proposed Budget for Fiscal Year 2023-24 and noticing a Public Hearing to be held on June 6, 2023, for Council’s consideration and adoption of the Fiscal Year 2023-24 Proposed Budget and related actions. (Funding Source: All City Funds) Staff Recommendation:
Resolution combining the City Manager’s Draft Budget and the Mayor’s Final Budget Modifications into the Proposed Budget for Fiscal Year 2023-24 and noticing a Public Hearing to be held on June 6, 2023 for Council’s consideration and adoption of the Fiscal Year 2023-24 Proposed Budget and related actions.
BUDGET; Steve Christensen, 209-577-5390, [email protected]
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, MAY 23, 2023 AT 4:00 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.
Any and all of the following agenda items are subject to action being taken by the Modesto City Council.
The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:
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CLOSED SESSION
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Clerk
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Stephanie Lopez v. City of Modesto, et al.
Superior Court of California, County of Stanislaus
Stanislaus County Case No.: CV-21-00925
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
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Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 23, 2023
Date: April 24, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: Equity Commission Resignation
CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:
Consider accepting the resignation of A’Kia Walker from the City of Modesto’s Equity Commission. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:
This item supports the City Council’s 2020-2025 Strategic Plan, Goal I: Promote Trust and Engagement.
BACKGROUND:
In support of the Diversity, Equity, and Inclusion Program, the Equity Commission was established to advise the City Manager and City Council on matters related to diversity, equity, inclusion, and disability regarding the workforce and services provided to the community.
DISCUSSION:
On August 9, 2022, by Resolution No 2022-332, A’Kia Walker was appointed to the Equity Commission with a term expiration date of August 1, 2026. On April 17, 2023, A’Kia Walker formally resigned from the Equity Commission.
FISCAL IMPACT:
There is no fiscal impact related to this action.
COMMITTEE RECOMMENDATION:
This was not taken to any committees.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution accepting the resignation of A’Kia Walker from the City of Modesto’s Equity Commission.
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City Council, May 23, 2023
Equity Commission Resignation
Approved by:
Christina Alger, Director of Human Resources
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
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05/23/2023/HR/CAlger/Item XX 1 2023-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2023-?
RESOLUTION ACCEPTING THE RESIGNATION OF A’KIA WALKER FROM
THE CITY OF MODESTO EQUITY COMMISSION
WHEREAS, the Equity Commission was established to advise the City Manager and City Council on matters relating to diversity, equity, inclusion, and disability, and WHEREAS, on August 9, 2022, by Resolution No. 2022-332, A’Kia Walker was appointed to serve as a member of the Equity Commission, and WHEREAS, A’Kia Walker has tendered her resignation from the Equity Commission effective April 17, 2023.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Modesto hereby accepts the resignation of A’Kia Walker from the Equity Commission, with regret.
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05/23/2023/HR/CAlger/Item XX 2 2023-XX
The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 23th day of May 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:
May 23, 2023
Date: May 1, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Allison Van Guilder, Deputy City Manager
SUBJECT: Committee Appointments - Community Police Review Board CONTACT: Allison Van Guilder, Deputy City Manager, [email protected], 209-577-5228
DESCRIPTION:
Consider approving the appointments of Frank Damrell, Kenneth Bryant, Nico Solorio, Latricia Beasley Day, Austin Grant, Nancy Smith, Brad Hawn, Trish Christensen, and Wendy Byrd for the Community Police Review Board beginning on June 15, 2023, to serve their respective terms, and approving the six applicants to serve as primary reserve candidates to be considered for appointment if a vacancy occurs within 12 months of the CPRB’s initial establishment. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s 2020-2025 Strategic Plan Initiatives: Goal A.
Improve Community Safety- Engage staff and local organizations in public safety efforts.
BACKGROUND:
On May 22, 2021, a listening session was held as a formal launch of the Forward Together initiative where the following key primary themes emerged: 1) Accountability, 2) Policies and Practices, and 3) Alternate Response Models. Subsequently, on June 8, 2021, by Resolution No. 2021-216, the City Council approved the formation of the Forward Together working group in support of a community engagement process to educate and explore solutions that address broad areas of concern as expressed in the listening session. The Forward Together working group then held a series of facilitated public workshops and ad hoc meetings focused on improving police-community relations in the City of Modesto.
On August 23, 2022, by Resolution No. 2022-358, the City Council accepted the Forward Together work group’s report which contained several recommendations and directed staff to carry out the appropriate next steps. On December 13, 2022 by Resolution No. 2022-499 Council approved to establish a Community Police Review Board (CPRB) and approve its bylaws in conjunction with contracting the services of an Independent Police Auditor (IPA). #4..
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City Council, May 23, 2023
Committee Appointments - Community Police Review Board
A total of 73 CPRB applications were received from January 3, 2023, through January 31, 2023.
Of the eligible applicants, 42 participated in interviews, and 15 applicants who received the highest scores were invited to a second interview. The CPRB bylaws state: The CPRB shall be comprised of nine (9) members who reside within the city limits with preference provided to residents representing diverse ethnicity, gender, sexual orientation, professional experience, organizational affiliations, and neighborhoods/districts in Modesto.
DISCUSSION:
The Appointments Committee conducted interviews of 42 candidates on March 30, April 3, and April 11, 2023. The 15 applicants who received the highest scores were invited to a second interview. On April 28, 2023, the Appointments Committee conducted second interviews of the 15 highest ranking candidates and approved to forward to the full Council, nine (9) applicants to serve as board members, with six (6) applicants to remain as primary reserve candidates as shown in Exhibit A. Primary reserve candidates shall be considered for appointment if a vacancy occurs within 12 months of the CPRB’s initial establishment.
Exhibit A
Applicant Name (9) Term
Frank Damrell 2027
Kenneth Bryant 2027
Nico Solorio 2027
Latricia Beasley Day 2027
Austin Grant 2027
Nancy Smith 2028
Brad Hawn 2028
Trish Christensen 2028
Wendy Byrd 2028
Primary Reserves
Candidates (6)
Eileen VerHulst
Nicolas Sottero
Steven Finch
Douglas K. Highiet
Sandra Lucas
Julie Nelson
FISCAL IMPACT:
Notwithstanding staff in-kind support, there is currently no direct fiscal impact for the CPRB. A budget has been proposed for fiscal year 2023/2024 expenses and will be managed by the City Manager’s Office to provide in-kind staff support to the recommended efforts. Additionally, this will support future training expenses such as the National Association for Civilian Oversight of Law Enforcement (NACOLE) conference.
COMMITTEE RECOMMENDATION:
The Appointments Committee approved to forward the above-mentioned names to Council on April 28, 2023.
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City Council, May 23, 2023
Committee Appointments - Community Police Review Board
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the appointments of Frank Damrell, Kenneth Bryant, Nico Solorio, Latricia Beasley Day, Austin Grant, Nancy Smith, Brad Hawn, Trish Christensen, and Wendy Byrd for the Community Police Review Board beginning on June 15, 2023, to serve their respective terms, and approving the six applicants to serve as primary reserve candidates to be considered for appointment if a vacancy occurs within 12 months of the CPRB’s initial establishment.
Approved by:
Allison Van Guilder, Deputy City Manager
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
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05/23/2023/CMO/AVanGuilder/Item XX 1 2023-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XXX
RESOLUTION APPROVING THE APPOINTMENTS OF FRANK DAMRELL,
KENNETH BRYANT, NICO SOLORIO, LATRICIA BEASLEY DAY, AUSTIN
GRANT, NANCY SMITH, BRAD HAWN, TRISH CHRISTENSEN, AND WENDY
BYRD FOR THE COMMUNITY POLICE REVIEW BOARD BEGINNING ON JUNE 15, 2023, TO SERVE THEIR RESPECTIVE TERMS, AND APPROVING
THE SIX APPLICANTS TO SERVE AS PRIMARY RESERVE CANDIDATES TO BE CONSIDERED FOR APPOINTMENT IF A VACANCY OCCURS WITHIN 12 MONTHS OF THE CPRB’S INITIAL ESTABLISHMENT
WHEREAS, the City of Modesto established a Community Police Review Board (CPRB) in conjunction with Independent Police Auditor (IPA) by Resolution No. 2022- 499; and
WHEREAS, the establishment of a Community Police Review Board as a dual component of a hybrid police accountability model, is the culmination of the efforts of the Forward Together work group created on June 8, 2021 by Council Resolution No. 2021- 216; and
WHEREAS, in general, the role of the CPRB will follow best practices as modeled after the National Association of Civilian Oversight Boards for Law Enforcement (NACOLE) and as suited for the needs of the City of Modesto to carry out improved community relations with the Modesto Police Department; and WHEREAS, the CPRB shall be comprised of nine (9) members who reside within the city limits; and
WHEREAS, the City of Modesto received 73 applications and the Appointments Committee interviewed 42 applicants that met eligibility requirements per the CPRB bylaws established by Resolution No. 2022-498; and
WHEREAS, 15 applicants were invited to second interviews on April 28, 2023, and the Appointments Committee recommended the 9 following appointments; and #4..
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05/23/2023/CMO/AVanGuilder/Item XX 2 2023-XX
Applicant Name (9) Term
Frank Damrell 2027
Kenneth Bryant 2027
Nico Solorio 2027
Latricia Beasley Day 2027
Austin Grant 2027
Nancy Smith 2028
Brad Hawn 2028
Trish Christensen 2028
Wendy Byrd 2028
WHEREAS, on April 28, 2023, 6 applicants were recommended by the Appointments Committee to serve as primary reserve candidates to be considered for appointment if a vacancy occurs within 12 months of the CPRB’s initial establishment; and
Primary Reserves
Candidates (6)
Eileen VerHulst
Nicolas Sottero
Steven Finch
Douglas K. Highiet
Sandra Lucas
Julie Nelson
WHEREAS, the terms shall commence on June 15, 2023, and 5 members will serve until 2027 and 4 members will serve until 2028.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby appoints Frank Damrell, Kenneth Bryant, Nico Solorio, Latricia Beasley Day, Austin Grant, to serve as members of the Community Police Review Board with terms expiring in 2027, and Nancy Smith, Brad Hawn, Trish Christensen, and Wendy Byrd to the Community Police Review Board with terms expiring in 2028, and designates primary reserve candidates Eileen VerHulst, Nicolas Sottero, Steven Finch, Douglas K. #4..
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Highiet, Sandra Lucas, Julie Nelson as primary reserve candidates for future appointments if a vacancy occurs within 12 months.
BE IT FURTHER RESOLVED, that the City Clerk, or her designee, is directed to transmit a copy of this resolution to the appointed members of the Community Police Review Board, and the Secretary, thereof.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 23rd day of May 2023, by Councilmember _____, who moved its introduction and passage to print which motion being duly seconded by Councilmember ______, was upon roll call carried and ordered printed and published by the following vote:
AYES: Councilmembers: Name, Name, Name, Name, Name, Name, Mayor Name
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
_____________________________
DIANE NAYARES-PEREZ CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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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, May 09, 2023 at 5:30 PM
Roll Call – Present: Councilmembers Alvarez, Bavaro, Ricci, Williams, Wright, Mayor Zwahlen
Absent: Councilmember Escutia-Braaton
Pledge of Allegiance to the Flag
Invocation: Scott Nelson, Covenant Grove Church
City Clerk’s Announcements: Items 5 and 10 were removed from Consent by a member of the public.
Declaration of Conflicts of Interest: Councilmember Williams recused himself from Item 16 Reports from Closed Session: No reportable action.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring May 7-13, 2023 as National Public Service Recognition Week. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented proclamation declaring May 7-13, 2023 as National Public Service Recognition Week to Joe Lopez, City Manager, who accepted on behalf of all City employees.
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2. Proclamation declaring May 21-27, 2023 as National Public Works Week. (Funding Source: Not Applicable)
PUBLIC WORKS; Bill Sandhu, 209-341-2906, [email protected] ACTION: Mayor Zwahlen presented proclamation declaring May 21-27, 2023 as National Public Works Week, to Bill Sandhu, Director of Public Works.
3. Modesto Convention & Visitors Bureau Presentation (Funding Source: Not Applicable)
PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: Todd Aaronson of Modesto Convention & Visitors Bureau gave a presentation on the vast opportunities for tourism in the City of Modesto, and played a video they created narrating a letter they received from Andi J.
PUBLIC COMMENT PERIOD
James Costello spoke in representation of a group called Modesto Citizens Action Group regarding the humanitarian crisis of homelessness and would like the City to help by providing simple basic temporary housing.
Darlene Ruiz requested the City to declare April 24th as Trevor Seever Day and asking the community to do something kind in memory of her son. She gave examples of other cities that have done something similar. She also spoke regarding a recent incident at a gas station between her and a member of the Proud Boys. Laticia Gonzales spoke regarding her son being murdered in 2017 at Mellis Park and inquired as to the status of improvements at Martin Luther King Park. She also asked for help in getting information regarding her work history. Eric Caine thanked the Council for their service. He also spoke regarding the increasing number of homeless in Modesto. He feels the lack of a Homeless Management Action Plan is a contributing factor to the vast amount of homeless in the area. There is not enough housing and services to meet the needs of the growing population. He spoke regarding the use of law to maintain order with homelessness and feels that doesn't work. He would like to see designated areas where they can sleep and congregate safely.
Marcie Walters spoke regarding the three-container system and the need to have the green waste container picked up every week. She also feels the blue container could be smaller.
John Gunderson spoke regarding the homeless and need to do better. He feels there is the need for community supported shelters and micro shelter enclaves and gave examples of other places like Eugene Oregon, the City of Redding, and Sacramento. #5..
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He stated many churches in those areas are building enclaves on church property. He also suggested partnerships with Modesto City Schools and having ROP students at Downey High School build them.
Steve Allen spoke regarding his advocacy on behalf of victims of police killings and feels nothing has been done. He feels the town still has a lot of issues regarding violence and corruption in its law enforcement. He's hopeful for change, but he hasn't seen it yet.
Lynelle Solomon spoke regarding her community outreach with the homeless through an organization called SHARE. She feels the most pressing issue is the elderly that are experiencing homelessness due to lack of affordable housing. She told stories of several of her people she interacts with, and feels we need to treat our elderly better. Ramon Rodriguez spoke regarding the Cinco de Mayo celebration, and the unlawful assembly of people celebrating on Glenn Avenue. He feels there should be more law enforcement regarding side shows and fireworks in the area near Crows Landing. He also spoke regarding non-lethal weapons used by the police, and the danger of those as well.
SueAnne spoke regarding homelessness and feels there should be more communication and teamwork within the different departments. She would like to get involved to help be a part of the solution. There are so many causes but what are the solutions.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 4, 6-9, 11-14 (Wright/Alvarez; 6/0; Escutia-Braaton absent)
CONSENT
Consent
4. Consider approving the minutes from the May 2, 2023 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the May 2, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Alvarez; 6/0; Escutia-Braaton absent) Motion approving the minutes from the May 2, 2023 Council Meeting.
Removed from Consent
5. Consider approving Final Adoption of Ordinance 3763-C.S. approving the Modesto Police Department’s Military Equipment Use Policy (Policy 710) in accordance with AB 481, approving the purchase of additional equipment that qualifies as “military equipment” in Fiscal Year 2023-2024 and rescinding Ordinance No. 3745-C.S. (Funding Source: Not Applicable)
Motion approving Final Adoption of Ordinance 3763-C.S. approving the Modesto Police Department’s Military Equipment Use Policy (Policy 710) in #5..
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accordance with AB 481, approving the purchase of additional equipment that qualifies as “military equipment” in Fiscal Year 2023-2024 and rescinding Ordinance No. 3745-C.S.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Bavaro/Williams; 6/0; Escutia-Braaton absent) Motion approving Final Adoption of Ordinance 3763-C.S. approving the Modesto Police Department’s Military Equipment Use Policy (Policy 710) in accordance with AB 481, approving the purchase of additional equipment that qualifies as “military equipment” in Fiscal Year 2023-2024 and rescinding Ordinance No. 3745-C.S.
Consent
6. Consider accepting the General Plan Vision Statement. (Funding Source: Not Applicable)
Resolution approving the General Plan Vision Statement and Guiding Principles.
CED; Edgar Garcia, 209-571-5101, [email protected] ACTION: (Wright/Alvarez; 6/0; Escutia-Braaton absent) Resolution 2023-214 approving the General Plan Vision Statement and Guiding Principles.
Consent
7. Consider approving the Consultant Services Agreements with Precision Civil Engineering, Inc., Harris & Associates, Inc., and Environmental Science Associates (ESA) for Municipal Planning Services, for a total amount not to exceed $300,000 per consultant for an overall total not to exceed $900,000. (Funding Source: Developer Fees)
Resolution approving the Consultant Services Agreements with Precision Civil Engineering, Inc., Harris & Associates, Inc., and Environmental Science Associates (ESA) for Municipal Planning Services, for a total amount not to exceed $300,000 per consultant for an overall total not to exceed $900,000 and authorizing the City Manager or his designee to execute the Consultant Services Agreements.
CED; Peter Ibrahim, 209-577-5211, [email protected] ACTION: (Wright/Alvarez; 6/0; Escutia-Braaton absent) Resolution 2023-215 approving the Consultant Services Agreements with Precision Civil Engineering, Inc., Harris & Associates, Inc., and Environmental Science Associates (ESA) for Municipal Planning Services, for a total amount not to exceed $300,000 per consultant for an overall total not to exceed $900,000 and authorizing the City Manager or his designee to execute the Consultant Services Agreements.
Consent
8. Consider accepting the updates to the City’s Debt Management Policy. (Funding Source: Not Applicable)
Resolution approving the updates to the City’s Debt Management Policy. #5..
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FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Alvarez; 6/0; Escutia-Braaton absent) Resolution 2023-216 approving the updates to the City’s Debt Management Policy.
Consent
9. Consider accepting the updates to the City’s Investment Policy. (Funding Source: Not Applicable)
Resolution approving the updates to the City’s Investment Policy.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Alvarez; 6/0; Escutia-Braaton absent) Resolution 2023-217 approving the updates to the City’s Investment Policy.
Removed from Consent
10. Consider approving a Second Amendment to the Master Services Agreement with Forensic Logic for a three-year Software License Services Renewal for a total amount not to exceed $184,661. (Funding Source: General Fund and Supplemental Law Enforcement Services Funds (SLESF))
Resolution approving a Second Amendment to the Master Services Agreement with Forensic Logic for a three-year Software License Services Renewal for COPLINK for a total amount not to exceed $184,661 and authorizing the City Manager or his designee to execute the Amendment.
POLICE DEPARTMENT; Brandon Gillespie, 209-572-9500,
[email protected]
ACTION: (Ricci/Wright; 6/0; Escutia-Braaton absent) Resolution 2023-218 approving a Second Amendment to the Master Services Agreement with Forensic Logic for a three-year Software License Services Renewal for COPLINK for a total amount not to exceed $184,661 and authorizing the City Manager or his designee to execute the Amendment.
Consent
11. Consider approving a First Amendment to the Cell Tower Site Lease Agreement at Robertson Road Park with MetroPCS California, LLC, (MetroPCS) to extend the maximum term of the Agreement through July 31, 2052. (Funding Source: Cell Tower Facility Rental Revenue)
Resolution approving a First Amendment to the Cell Tower Site Lease Agreement at Robertson Road Park with MetroPCS California, LLC, (MetroPCS) to extend the maximum term of the Agreement through July 31, 2052, and authorizing the City Manager, or his designee, to execute the Agreement.
PRN; Nathan Houx, 209-571-5526, [email protected]
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ACTION: (Wright/Alvarez; 6/0; Escutia-Braaton absent) Resolution 2023-219 approving a First Amendment to the Cell Tower Site Lease Agreement at Robertson Road Park with MetroPCS California, LLC, (MetroPCS) to extend the maximum term of the Agreement through July 31, 2052, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
12. Consider approving an Engineering Services Agreement with West Yost, of Davis, CA, for the CV-SALTS Nitrate Control Program - Pathway A Compliance Analysis, in an amount not to exceed $243,524. (Funding Source: Wastewater and Compost Funds) Resolution approving an Agreement with West Yost, of Davis, CA, for the CVSALTS Nitrate Control Program – Pathway A Compliance Analysis in the amount of $221,385 for the identified scope of services, plus $22,139 in additional services (if needed), for a total amount not to exceed $243,524 and authorizing the City Manager, or his designee to execute the Agreement. Resolution amending the Fiscal Year 2022-23 Multi-Year Program Budget in the amount of $280,024 to be transferred into the Project from Wastewater Reserves to fund the CV-SALTS Nitrate Control Program - Pathway A Compliance Analysis Project and authorizing the City Manager, or his Designee, to implement the provisions of this Resolution.
UTILITIES; Juan Ochoa, 209-577-5423, [email protected] ACTION: (Wright/Alvarez; 6/0; Escutia-Braaton absent) Resolution 2023-220 approving an Agreement with West Yost, of Davis, CA, for the CV-SALTS Nitrate Control Program – Pathway A Compliance Analysis in the amount of $221,385 for the identified scope of services, plus $22,139 in additional services (if needed), for a total amount not to exceed $243,524 and authorizing the City Manager, or his designee to execute the Agreement.
ACTION: (Wright/Alvarez; 6/0; Escutia-Braaton absent) Resolution 2023-221 amending the Fiscal Year 2022-23 Multi-Year Program Budget in the amount of $280,024 to be transferred into the Project from Wastewater Reserves to fund the CVSALTS Nitrate Control Program - Pathway A Compliance Analysis Project and authorizing the City Manager, or his Designee, to implement the provisions of this Resolution.
Consent
13. Consider accepting the Upgrade Advanced Traffic Management System (ATMS) 2019,CML- 5059(238) Project as complete, and releasing payments totaling $1,199,842 to Tennyson Electric, Inc., of Livermore, CA. (Funding Source: CMAQ, Local Measure L Funds)
Resolution accepting the Upgrade Advance Traffic Management System 2019, CML-5059-(238) Project as complete, releasing securities, releasing payments totaling $1,199,842 to Tennyson Electric, Inc., of Livermore, CA. and authorizing the City Clerk to file a Notice of Completion.
UTILITIES; Peter Kambel, 209-577-5444, [email protected] #5..
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ACTION: (Wright/Alvarez; 6/0; Escutia-Braaton absent) Resolution 2023-222 accepting the Upgrade Advance Traffic Management System 2019, CML-5059-(238) Project as complete, releasing securities, releasing payments totaling $1,199,842 to Tennyson Electric, Inc., of Livermore, CA. and authorizing the City Clerk to file a Notice of Completion.
Consent
14. Consider accepting the Wastewater Building Upgrades Project as complete, releasing securities, and releasing payments totaling $854,000 to Azul Works, Inc, of San Francisco, CA. (Funding Source: Wastewater Fund)
Resolution accepting the Wastewater Building Upgrades Project as complete, releasing securities, releasing payments totaling $854,000 to Azul Works Inc., of San Francisco, CA and authorizing the City Clerk to file a Notice of Completion.
UTILITIES; Peter Kambel, 209-577-5444, [email protected] ACTION: (Wright/Alvarez; 6/0; Escutia-Braaton absent) Resolution 2023-223 accepting the Wastewater Building Upgrades Project as complete, releasing securities, releasing payments totaling $854,000 to Azul Works Inc., of San Francisco, CA and authorizing the City Clerk to file a Notice of Completion.
COUNCIL COMMENTS & REPORTS
Vice Mayor Ricci spoke regarding the conclusions of Stanislaus Community Foundation's 2030 Project and how to build on what we have available to make Modesto a more economically vibrant region. He believes our Tourism Industry is being developed right and is an area that has room for growth. He spoke regarding bringing a roller skating rink to Modesto.
Councilmember Alvarez spoke regarding the Cinco de Mayo event that was attended by himself, as well as Councilmembers Bavaro and Williams over the past week. He also spoke regarding the Downtown Parking Master Plan, and upcoming meetings to provide residents with an update. He also spoke regarding the Southwest Modesto Plan. There will be community workshops on May 17th from 6 - 8 p.m. at King Kennedy Center. He also spoke regarding the renovations at Martin Luther King Park, and the delay in that project due to the pandemic. He assured the public it is a priority. He also clarified a comment that Cinco de Mayo is not Independence Day for Mexico but rather it is the Chicano celebration of Mexican heritage, and their victory over France in the battle of Puebla. He stated Mexico's Independence Day is September 16th.
Councilmember Williams spoke regarding Cinco de Mayo, and an incident that happened on Crows Landing. He thanked the law enforcement for handling the situation quickly.
He also spoke about the Parade event, and was pleased to see City Manager Joe Lopez serving as a judge for the Parade. He also spoke regarding Kids Day today in support of the Salvation Army. He also spoke regarding Gregori High School Career Day event he #5..
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attended. He also spoke regarding House Repair Program the City has, and encourage residents to apply for the program.
Mayor Zwahlen spoke regarding the May the Fourth celebration of Star Wars tradition in Modesto, and is excited for the Modesto Children's Museum to be completed. She also briefly spoke regarding the Pray Modesto event that she and many others attended, and expressed her appreciation to Cindy Marks for spearheading that. Lastly, she spoke regarding the Peace Officer Memorial Service at Lakewood Park. She was very touched by this event.
CITY MANAGER COMMENTS & REPORTS
None.
HEARINGS
Published in the Modesto Bee on April 9, 2023
15. Hearing to consider the 2023-2024 Annual Action Plan as well as the acceptance of the 2023-2024 Annual HUD Allocation in the amount of $2,875,518 and to submit the 2023-2024 Annual Action Plan, and applicable documentation, as required by U.S.
Department of Housing and Urban Development. (Funding Source: HUD Entitlement Funding)
Resolution approving the City of Modesto program year 2023-2024 Annual Action Plan for the use and acceptance of Community Development Block Grant Programs, Emergency Solutions Grant, and HOME Investment Partnerships Program funding in the amount of $ 2,875,518 received from the U.S. Department of Housing and Urban Development and authorizing the City Manager, or his designee, to negotiate and execute any related program Agreements, contracts or other documentation required for implementation and acceptance of the program year 2023-2024 Annual Action Plan funding, and authorization to submit applicable documentation and provide technical alterations, as required by HUD, incorporate comments received prior to the close of the public comment period, and to make the necessary steps to implement the provisions of this resolution.
Resolution approving the allocation of funds outlined in the program year 2023- 2024 Annual Action Plan Budget to reflect proposal submitted to the U.S.
Department of Housing and Urban Development and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.
CED; Jessica Hill, 209-577-5211, [email protected]
ACTION: (Wright/Ricci; 6/0; Escutia-Braaton absent) Resolution 2023-224 approving the City of Modesto program year 2023-2024 Annual Action Plan for the use and acceptance of Community Development Block Grant Programs, Emergency Solutions Grant, and HOME Investment Partnerships Program funding in the amount of $ 2,875,518 received from the U.S. Department of Housing and Urban Development and authorizing the City Manager, or his designee, to negotiate and execute any related program Agreements, contracts or other documentation required for implementation #5..
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and acceptance of the program year 2023-2024 Annual Action Plan funding, and authorization to submit applicable documentation and provide technical alterations, as required by HUD, incorporate comments received prior to the close of the public comment period, and to make the necessary steps to implement the provisions of this resolution.
ACTION: (Wright/Ricci; 6/0; Escutia-Braaton absent) Resolution 2023-225 approving the allocation of funds outlined in the program year 2023-2024 Annual Action Plan Budget to reflect proposal submitted to the U.S. Department of Housing and Urban Development and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.
Published in the Modesto Bee on May 2, 2023
16. Hearing to consider approving Amendment #5 to the City of Modesto’s Program Year 2019-2020 Annual Action Plan to identify and allocate reallocated Emergency Solutions Grant Coronavirus (ESG-CV) funds made available through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) Public Law 116-136, accepting the ESG-CV award, and authorizing the City Manager, or his designee, to negotiate and execute an Agreement with the Salvation Army for the operation and management of a Day Center. (Funding Source: Cares Act Emergency Solutions Grant) Resolution approving Amendment #5 to the City of Modesto’s Program Year 2019-2020 Annual Action Plan to identify and allocate reallocated Emergency Solutions Grant Coronavirus (ESG-CV) funds in the amount of $632,829 received from the U.S. Department of Housing and Urban Development and authorizing the City Manager, or his designee, to negotiate and execute any related program Agreements, contracts or other documentation required for implementation and acceptance of the program year 2019-2020 Annual Action Plan Amendment #5 funding, and authorization to submit applicable documentation and provide technical alterations, as required by HUD, incorporate comments received prior to the close of the public comment period, and to make the necessary steps to implement the provision of this Resolution. Resolution approving allocation of reallocated Emergency Solutions Grant Coronavirus (ESG-CV) funds made available through the Coronavirus Aid, Relief, And Economic Security Act (CARES Act), and authorizing the City Manager, or his designee, to negotiate and execute an Agreement with the Salvation Army in an amount not to exceed $569,546 for the operation and management of a day center, and authorizing the City Manager or his designee to execute any related documents and/or Agreements.
Resolution amending the Fiscal Year 2022-2023 multi-year fund budget to establish applicable revenue, expense, and transfer budgets for the Emergency Solutions Grant award funds and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this Resolution.
CED; Edgar Garcia, 209-577-5211, [email protected]
ACTION: (Bavaro/Wright; 5/0; Escutia-Braaton absent; Williams recused) Resolution 2023-226 approving Amendment #5 to the City of Modesto’s Program #5..
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Year 2019-2020 Annual Action Plan to identify and allocate reallocated Emergency Solutions Grant Coronavirus (ESG-CV) funds in the amount of $632,829 received from the U.S. Department of Housing and Urban Development and authorizing the City Manager, or his designee, to negotiate and execute any related program Agreements, contracts or other documentation required for implementation and acceptance of the program year 2019-2020 Annual Action Plan Amendment #5 funding, and authorization to submit applicable documentation and provide technical alterations, as required by HUD, incorporate comments received prior to the close of the public comment period, and to make the necessary steps to implement the provision of this Resolution.
ACTION: (Bavaro/Wright; 5/0; Escutia-Braaton absent; Williams recused) Resolution 2023-227 approving allocation of reallocated Emergency Solutions Grant Coronavirus (ESG-CV) funds made available through the Coronavirus Aid, Relief, And Economic Security Act (CARES Act), and authorizing the City Manager, or his designee, to negotiate and execute an Agreement with the Salvation Army in an amount not to exceed $569,546 for the operation and management of a day center, and authorizing the City Manager or his designee to execute any related documents and/or Agreements.
ACTION: (Bavaro/Wright; 5/0; Escutia-Braaton absent; Williams recused) Resolution 2023-228 amending the Fiscal Year 2022-2023 multi-year fund budget to establish applicable revenue, expense, and transfer budgets for the Emergency Solutions Grant award funds and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this Resolution.
NEW BUSINESS
17. Presentation on Modesto’s response to homelessness, including an update on current projects and regional partnerships. (Funding Source: Not Applicable) There is no staff recommendation associated with this item.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: There is no staff recommendation associated with this item.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 9:56 p.m.
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All Closed Session Matters heard prior to meeting
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, MAY 09, 2023 AT 3:30 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.
Any and all of the following agenda items are subject to action being taken by the Modesto City Council.
The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Modesto v. Shell Oil Company, et al. (TCP) Case No. CGC-20-583345
Chipponeri v. City of Modesto
Case No. 2028661
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Steve Fischio v. City of Modesto
California Workers Compensation Appeals Board
Nos. Unassigned & ADJ12517812
Job Juarez v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ11117033, ADJ10605815, ADJ17079599
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association #5..
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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
Employee Organization: Unrepresented Management and Confidential Employees Attest: _____________________________
Dana Sanchez, Assistant City Clerk
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 23, 2023
Date: May 16, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jose M. Sanchez, City Attorney
SUBJECT: Legal Services Agreement with Swingle, Van Egmond & Heitlinger for Continued Representation
CONTACT: Jose M. Sanchez, City Attorney, 209-577-5284, [email protected] DESCRIPTION:
Consider approving a Legal Services Agreement with Swingle, Van Egmond & Heitlinger in an amount not to exceed $250,000 for representation in tort cases. (Funding Source: General Liability Insurance Fund)
STRATEGIC PLAN ELEMENT:
This item supports the City’s 2020-2025 Strategic Plan Goals to build a high-performance organization and improve community safety.
BACKGROUND:
In 2014, in order to improve the transparency and delivery of legal services, the City Attorney’s Office prepared a standard legal services agreement for the City to use when hiring outside counsel. This standard legal services agreement template was approved by the Council. The City Attorney’s Office tracks the assigned budget and requests that Council amend the agreements when necessary.
On June 24, 2014, by Resolution No. 2014-241, Council approved a Legal Services Agreement with Arata, Swingle, Van Egmond and Goodwin (“Arata”), a Modesto based law firm, for representation of the City in numerous tort liability cases, for a total agreement amount not to exceed $790,000, including amendments. On December 12, 2017, by Resolution No. 2017-500, Council approved a Restated Legal Services Agreement with Arata, for a total agreement amount not to exceed $650,000, including amendments.
Given the nature and number of tort liability cases, on January 28, 2020, by Resolution No. 2020-029, Council approved a Second Restated Legal Services Agreement, for a total agreement amount not to exceed $240,000. On March 9, 2021, by Resolution No. 2021-085, Council approved a First Amendment to Arata’s Legal Services Agreement, in the amount of $260,000 for a total agreement amount not to exceed $500,000 for continued services. On May #6..
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Legal Services Agreement with Swingle, Van Egmond & Heitlinger for Continued Representation
3, 2022, by Resolution No. 2022-201, Council approved a Second Amendment to Arata’s Legal Services Agreement, in the amount of $250,000 for a total agreement amount not to exceed $750,000 for continued services
In March of this year, the firm’s name changed to Swingle, Van Egmond & Heitlinger (“Swingle”) due to Mr. Arata’s retirement.
DISCUSSION:
Since entering into the original Legal Services Agreement, Swingle has concluded 112 cases, which include the majority of the City’s tort cases involving dangerous conditions, trip and falls, sidewalk issues, and trees related issues. Swingle continually maintains a steady case load of 20 to 30 small to moderate matters. Swingle’s rates have not increased from the original contract in 2014. In the last nine years their billings for the City have averaged approximately $243,333 per year.
Swingle continues to prepare multiple cases for trial simultaneously, as well as handling a number of additional smaller cases. This agreement will provide a budget for continued representation for those cases and future assigned cases.
The attached Legal Services Agreement will begin a new agreement with Swingle for an additional $250,000 instead of continuing to amend the original agreement, however, the City Attorney’s Office continues to track all past and future costs related to Swingle’s services. The attached Legal Services Agreement will also formally update the name of the firm in the Agreement.
In accordance with Modesto Municipal Code Sec. 8-3.204(a), Exceptions to Formal Bidding Requirements, the agreement is for professional services and, therefore, exempt from the bidding requirement. The approval of the Legal Services Agreement to Swingle, Van Egmond & Heitlinger conforms to Modesto Municipal Code 8-3.204, subsection (a) as they are providing professional services for continued representation in tort cases.
FISCAL IMPACT:
Costs associated Swingle, Van Egmond & Heitlinger under this Legal Services Agreement will be paid from the General Liability Fund, with a not to exceed amount of $250,000. The current fiscal year 2022-23 and proposed fiscal year 2023-24 General Liability Fund budget has sufficient funds available for this agreement.
COMMITTEE RECOMMENDATION:
This item was not presented to a committee.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving a Legal Services Agreement with Swingle, Van Egmond & Heitlinger in an amount not to exceed $250,000 to continue representing the City of Modesto in tort cases, and authorizing the City Manager or his designee, to execute the Agreement. #6..
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City Council, May 23, 2023
Legal Services Agreement with Swingle, Van Egmond & Heitlinger for Continued Representation
Approved by:
Jose M. Sanchez, City Attorney
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Legal Services Agreement
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MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX
RESOLUTION APPROVING A LEGAL SERVICES AGREEMENT WITH
SWINGLE, VAN EGMOND & HEITLINGER IN AN AMOUNT NOT TO
EXCEED $250,000, TO CONTINUE REPRESENTING THE CITY OF
MODESTO IN TORT CASES, AND AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the City Attorney’s Office is in need of outside counsel services; and WHEREAS, on June 24, 2014, by Resolution No. 2014-241, Council approved an agreement with Arata, Swingle, Van Egmond & Goodwin, to represent the City in the following types of cases: tort, trip and fall, sidewalk, road and other similar cases for a total agreement amount not to exceed $790,000, including amendments; and WHEREAS, on December 12, 2017, by Resolution No. 2017-500, Council approved a Restated Legal Services Agreement with Arata, Swingle, Van Egmond & Goodwin for the same services, for a total agreement amount not to exceed $650,000, including amendments; and
WHEREAS, on January 28, 2020, by Resolution 2020-029, Council approved a Second Restated Legal Services Agreement with Arata, for a total amount of $750,000, including amendments, for continued representation for the same services; and WHEREAS, in March of this year, the firm’s name changed to Swingle, Van Egmond & Heitlinger (“Swingle”) due to Mr. Arata’s retirement; and WHEREAS, Swingle continues to prepare multiple cases for trial simultaneously, as well as handling a number of additional smaller cases. This agreement will provide a budget for continued representation for those cases and future assigned cases; and WHEREAS, in accordance with Modesto Municipal Code Sec. 8-3.204(a), Exceptions to Formal Bidding Requirements, the agreement is for professional services and, therefore, exempt from the bidding requirement. The approval of the Legal Services Agreement to Swingle, Van Egmond & Heitlinger conforms to Modesto Municipal Code #6..
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8-3.204, subsection (a) as they are providing professional services for continued representation in tort cases; and
WHEREAS, the City Attorney’s office has drafted a Legal Services agreement with Swingle, Van Egmond and Heitlinger for continued representation.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Legal Services Agreement with Swingle, Van Egmond & Heitlinger, in an amount not to exceed $250,000 to continue representing the City of Modesto in tort matters, as provided in Exhibit A attached hereto and incorporated herein, and further authorizes the City Attorney to execute such agreement in a form substantially similar to Exhibit A.
BE IT FURTHER RESOLVED, that the City Manager or his designee, are hereby authorized to execute the agreement, in a form approved by the City Attorney.
The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 23rd day of May 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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Legal Services Agreement
City of Modesto and Swingle Van Egmond & Heitlinger
1 LEGAL SERVICES AGREEMENT
This Legal Services Agreement (this “Agreement”) is made and entered into on the 23rd day of May, 2023 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“City”), located at 1010 Tenth Street, Sixth Floor, Modesto, California 95353 and SWINGLE, VAN EGMOND & HEITLINGER, a Professional Corporation (“Attorney”), located at 1207 I Street, Modesto, California 95354. City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as a “Party.”
RECITALS
WHEREAS, City desires to continue Attorney’s services with respect to providing legal advice, representation and assistance to City in defense of tort claims as assigned; and WHEREAS, Attorney is specially trained, experienced and competent to perform such services; and
WHEREAS, the public interest, economy and general welfare will be served by this Agreement.
NOW, THEREFORE it is hereby agreed as follows:
1. Services.
a. Scope of Work: Subject to the terms and conditions set forth in this Agreement, Attorney shall provide to City the following services (“Services”):
Claims including litigation as assigned. Cases will include tort, trip and fall, sidewalk, road and other similar cases.
Attorney shall not be compensated for services outside the scope of work identified under this Section unless prior to the commencement of such services:
(i) Attorney notifies City and City agrees that such services are outside the scope of work under this Section; (ii) Attorney estimates the additional compensation required for these additional services; and (iii) City, after notice, approves in writing a Supplemental Agreement specifying the additional services and amount of compensation therefor.
Specific tasks including specific claims under the scope of work of this Agreement performed by Attorney will be assigned by City with written notice to Attorney. Within ten (10) days of receiving notice by City of a new task, Attorney shall provide City a budget for the requested task. Attorney must receive written approval by City of the proposed budget prior to commencement #6..
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Legal Services Agreement
City of Modesto and Swingle Van Egmond & Heitlinger
2 of task. Total compensation for all tasks under this Agreement shall not exceed the total compensation under Section 2 of this Agreement. b. Term: This Agreement shall become effective on the Effective Date and shall continue in effect until both Parties have fully performed their respective obligations under this Agreement unless sooner terminated as provided in Section
7. c. Partner in Charge: The partner in charge of the defense of City in assigned tort claims will be Bradley Swingle. Attorney will utilize experienced associate attorneys and paralegals under supervision of the partner in charge. The partner in charge will be the contact person for City and will make himself/herself reasonable available to respond to questions from the City Attorney or City staff.
2. Fees and Costs.
a. Hourly Rates:
Bradley J. Swingle $175.00/hour
Colleen F. Van Egmond $175.00/hour
Amanda Heitlinger $175.00/hour
The total of all fees paid to Attorney for the performance of all services set forth in Section 1 (hereafter the “Services”), and for all authorized Reimbursable Expenses (as defined hereafter), shall not exceed the total sum of two hundred fifty thousand dollars ($250,000).
b. Reimbursable Expenses. City shall reimburse Attorney for the actual, reasonable and necessary expense of travel out of the Modesto metropolitan area, approved in advance, at $0.65.5 per mile. Attorney will not charge City for the cost of telephone calls or photocopying. Litigation costs and expenses for statutory fees, witness fees, reporters’ per diem and stenographic transcriptions, jury fees, and the expenses of serving process shall be advanced by Attorney and reimbursed by City. Expert consultants and witnesses may be retained by Attorney on terms acceptable to City, approved in advance by email or letter by the City Representative (as defined hereafter), in which case City shall reimburse Attorney or pay such consultants or experts directly.
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Legal Services Agreement
City of Modesto and Swingle Van Egmond & Heitlinger
3 c. Billing:
i. Legal billings shall be submitted to City every thirty (30) days unless otherwise advised.
ii. Each task shall be distinctly and completely identified. In litigation matters, City will not pay invoices that contain block billing. Each billing entry must contain the initials of the individual performing the task, the nature of the task, the date it was performed, and the length of time it took.
iii. Costs under $1,000.00 shall be paid by Attorney and submitted with their normal billing.
iv. City reserves the right to audit all invoices.
v. Payments to Attorney shall be made within a reasonable time after receipt of Attorney’s invoice, generally within sixty (60) days of receipt. Attorney shall be responsible for supplying all documentation necessary to verify the monthly billings to the satisfaction of City.
vi. In addition to the provisions stated elsewhere in this Agreement regarding the payment of fees, billing and budgeting, the following guidelines for billing apply:
(1) City expects each individual working on the matter for which Attorney is retained to have the necessary experience to perform the services required to protect or pursue City’s interests in the matter in a cost effective manner, consistent with high professional and ethical standards.
(2) City expects Attorney to select the individual most suitable for the task required and the specific needs of the matter, and to use the maximum efficiencies available. Billings for services performed by the inappropriate level of personnel will be reduced by City based on rate adjustments for the appropriate level of personnel. (3) City will not pay for unnecessary review of texts, codes, rules of court, or other fundamental references. City will pay the hourly rate for specific legal research which is unique to the matter, assuming that Attorney has used maximum efficiencies and that Attorney has not already recently performed research in the same or very similar areas of law.
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Legal Services Agreement
City of Modesto and Swingle Van Egmond & Heitlinger
4 (4) City acknowledges the benefit of communications between attorneys in the firm. City does, however, expect that intra-office conferences will only be held as needed, and will be kept to a minimum. Intra-office conferences shall be for the purpose of discussing strategy and legal issues which directly further the matter. City will not pay for conferences which are supervisorial, instructional or administrative. Any invoice which lists an intraoffice conference that does not meet these guidelines must contain a full explanation and is subject to reduction by City. City will not pay for “team meetings” and City will scrutinize all intra-office conferences for “value added” to the matter by the conference, for the number of individuals attending the conference, the length of the conference, the subjects discussed at the conference and who participated in it, and will, in City’s sole discretion, determine if such value has been added.
(5) City will not pay for local telephone calls, incoming facsimiles, postage, time spent on filing, calendaring, indexing pleadings, photocopying, conferences with Clerks of court or court reporters, secretarial proofreading, re-drafting due to substandard work, or opening, organizing or closing files. City will not pay for time billed by summer interns, time for more than one individual to attend a trial, hearing, court appearance, arbitration, mediation, deposition, third party meeting, conference call or similar event, unless otherwise approved by City in advance.
(6) Vague billing which does not contain sufficient information to allow City’s reviewer of the invoice to determine the nature of the task, the reason for the task, and the individual performing the task is subject to reduction by City.
(7) City will not reimburse for overtime, word processing, supplies, anything identified on an invoice as “miscellaneous,” or any other unidentified charges.
d. Budget:
i. Within ten (10) days of the Effective Date, Attorney shall provide City with a proposed budget for the Services to be rendered pursuant to this Agreement. If Services involve tasks that have not yet been assigned by City, Attorney shall provide City with a proposed budget for all assigned new tasks with ten (10) days of receiving written notice from the City assigning Attorney the new task. Total compensation for all tasks under this Agreement shall not exceed the total compensation under Section 2 of #6..
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Legal Services Agreement
City of Modesto and Swingle Van Egmond & Heitlinger
5 this Agreement. The budget shall include all projected fees and costs to be incurred by Attorney and necessary for completion of the Services necessary to conclude the representation. The budget shall be a good faith estimate and shall be as complete and detailed as reasonably possible, including such items as discovery and motions for trial, preparation of documents for transactional services, and anticipated research and investigations. The proposed budget shall identify the projected total hours that will be billed to each task, and the individual that are anticipated to be performing the task. Any deviation from the budget in excess of fifteen percent (15%), must be approved in advance by the City Attorney or designee. Notwithstanding the foregoing, should it become reasonably apparent to Attorney that the actual billings will exceed Attorney’s initial estimate of anticipated legal costs and fees, Attorney shall immediately notify City thereof in advance and shall submit a revised written estimate for City’s approval.
3. Reporting.
a. Attorney shall provide City with a preliminary status report and evaluation within thirty (30) days of the Effective Date and the assignment of such task which report shall include an evaluation of the total exposure to the City, the liability risk, estimated cost to litigate or settle, and the particular attorneys who will be assigned. In this preliminary report, Attorney shall also make recommendations for discovery and any needed investigation, if any, and provide an estimate of total anticipated legal costs and fees for the handling of this matter. Thereafter, Attorney shall provide a status update to the City Representative, as defined in Section 4, every sixty (60) days on any matter under this Agreement. b. Attorney shall provide to City representative an electronic version of all agreements, pleadings, motions, and discovery documents filed or propounded by Attorney in a Microsoft Word format compatible with that used by the City Attorney’s office.
c. In the event that Attorney’s handling of the above-designated matter exceeds a period of twenty-four (24) months, Attorney shall, in addition to providing regular status reports to City, also report directly to the City representative on an annual basis and no later than March 30th of each year, setting forth in detail the status of the matter, and Attorney’s plan for further handling of the matter, and the estimated length of time to conclude the matter.
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Legal Services Agreement
City of Modesto and Swingle Van Egmond & Heitlinger
6 4. City Representative. The City Attorney, or the City Attorney’s designee, shall be the “City Representative” under this Agreement and shall administer this Agreement for City, including any payments hereunder. All Attorney questions pertaining to this Agreement shall be referred to the City Representative or the Representative’s designee.
5. Insurance Requirements. During the entire term of this Agreement, Attorney shall maintain the following insurance:
a. Minimum Scope of Insurance: Coverage should be at least as broad as:
i. Insurance Services Office Form No. CG 0001 (Commercial General Liability);
ii. Insurance Services Office Form No. CA 0001 (Ed. 1/87) (Automobile Liability, Code “any auto”);
iii. Workers’ Compensation as required by the Labor Code of the State of California, and Employers’ Liability Insurance:
iv. Professional Liability (Errors and Omissions) insurance against loss due to error, omission or malpractice.
b. Minimum Limits of Insurance: Attorney shall maintain limits no less than:
i. Commercial General Liability: $1,000,000 combined single limit per occurrence, including endorsements for contractual liabilities, broad form property damage and personal injury.
ii. Automobile Liability: $1,000,000 combined single limit per accident for personal injury and property damage arising from owned, hired and nonowned vehicles. iii. Workers’ Compensation and Employers’ Liability: Workers’ compensation limits as required by the Labor Code of the State of California and Employers’ Liability limits of $1,000,000 per accident. iv. Professional Liability (Errors and Omissions): $2,000,000 combined single limit per occurrence.
c. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. d. Other Insurance Provisions: The policies are to contain, or be endorsed to contain, the following provisions:
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Legal Services Agreement
City of Modesto and Swingle Van Egmond & Heitlinger
7 i. General Liability and Automobile Liability Coverages:
(1) The General Liability and Automobile Liability policies shall be written on an occurrence form and shall name City, its officers, officials, agents, employees and volunteers as additional insureds.
Such policy(ies) of insurance shall be endorsed so that Attorney’s insurance shall be primary and any insurance or self-insurance maintained by City, its officials, employees or volunteers shall be in excess of Attorney’s insurance and shall not contribute with it. (2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, employees or volunteers.
(3) Coverage shall state that Attorney’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. ii. All Coverages:
(1) Each insurance policy required by this Agreement shall be endorsed to state that coverages shall not be canceled except after thirty (30) days prior written notice has been given to City. In addition, Attorney agrees that it shall not reduce its coverage or limits on any such policy except after thirty (30) days prior written notice has been given to City and City approves the reduction in coverage or limits. Attorney further agrees that it shall not increase any deductibles or self-insured retentions on any such policy except after thirty (30) days prior written notice has been given to City and City approves such increase.
(2) In the event claims made forms are used for any Professional Liability coverage, either (i) the policy(ies) shall be endorsed to provide not less than a five (5) year discovery period, or (ii) the coverage shall be maintained for a minimum of five (5) years following the termination of this Agreement and the requirements of this section relating to such coverage shall survive termination or expiration of this Agreement. Attorney shall furnish City with the certificate(s) and applicable endorsements for ALL required insurance prior to City’s execution of this Agreement.
e. Acceptability of Insurers: Insurance shall be placed with insurers with a Bests’ rating of no less than A:VII. This requirement may, however, be waived in individual cases for Errors and Omissions Coverages only; provided, however, #6..
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Legal Services Agreement
City of Modesto and Swingle Van Egmond & Heitlinger
8 that in no event shall a carrier with a rating below B:IX be acceptable. f. Verification of Coverage: Attorney shall furnish City with certificates of insurance showing compliance with the above requirements and with original endorsements affecting all coverages required by this Agreement both prior to the execution of this Agreement, and during the pendency of this Agreement at any time upon request by City. The certificates and/or endorsements shall set forth a valid policy number for City, and shall indicate the Issue Date, Effective Date and Expiration Date. The certificates and endorsements for each insurance policy shall be signed by a person authorized by the insurer to bind coverage on its behalf. The certificates and endorsements shall be forwarded to the City Representative.
g. Payment Withhold: City shall withhold payments to Attorney if the certificates of insurance and endorsements required in this section are canceled or Attorney otherwise ceases to be insured as required herein.
6. Indemnification.
a. Indemnity: Attorney shall fully indemnify and save harmless, City, its officers and employees, including without limitation the City Attorney, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, judgments, penalties and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of Attorney, its subcontractors or agents, and their respective officers and employees, in connection with the performance or nonperformance of this Agreement, whether or not the City, its officers or employees reviewed, accepted or approved any service or work product performed or provided by the Attorney, and whether or not such Liabilities are litigated, settled or reduced to judgment. b. Obligation to Defend: Attorney shall, upon City’s request, defend at Attorney’s sole cost any action, claim, suit, cause of action or portion thereof which asserts or alleges Liabilities to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of Attorney, its sub-attorneys, subcontractors or agents, and their respective officers and employees, in connection with the performance or nonperformance of this Agreement, whether such action, claim, suit, cause of action or portion thereof is well founded or not. c. Insurance Policies; Intellectual Property Claims: The existence or acceptance by City of any of the insurance policies or coverages described in this Agreement #6..
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Legal Services Agreement
City of Modesto and Swingle Van Egmond & Heitlinger
9 shall not affect or limit any of City’s rights under this section, nor shall the limits of such insurance limit the liability of Attorney hereunder. This section shall not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of Section 4 (Confidentiality of City Information) above.
The provisions of this section shall survive any expiration or termination of this Agreement.
7. Termination.
a. By City. City may terminate this Agreement at any time by written notice. After receiving such notice, Attorney will cease providing services. Attorney will cooperate with City in the orderly transfer of all related files and records to your new counsel.
b. By Attorney. Attorney may terminate this Agreement at any time with City’s consent or for good cause. Attorney may terminate this Agreement for any reason by giving to City Attorney not less than thirty (30) days prior written notice of termination. The notice shall specify the effective date of and reason for the termination. Good cause exists if (a) any statement is not paid within ninety (90) days of its receipt; (b) City fails to meet any other obligation under this Agreement and continues in that failure for 15 days after Attorney sends written notice to City; (c) City has misrepresented or failed to disclose material facts to Attorney, refused to cooperate with Attorney, refused to follow Attorney’s advice on a material matter, or otherwise made Attorney’s representation unreasonably difficult; or (d) any other circumstance exists in which ethical rules of the legal profession mandate or permit termination, including situations where a conflict of interest arises. If Attorney terminates Services, City agree to execute a substitution of attorneys promptly and otherwise cooperate in effecting that termination.
Termination of this Agreement, whether by City or by Attorney, will not relieve the obligation to pay for services rendered and costs incurred before our services formally ceased.
8. General Provisions.
a. Independent Contractor.
i. It is understood and agreed that Attorney (including Attorney’s employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto for any purpose whatsoever. Neither Attorney nor Attorney’s assigned personnel shall be entitled to any benefits payable to employees of City. City is not required to make any deductions or withholdings from the compensation payable to Attorney under the #6..
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Legal Services Agreement
City of Modesto and Swingle Van Egmond & Heitlinger
10 provisions of this Agreement, and Attorney shall be issued an IRS Form 1099 for its services hereunder. As an independent contractor, Attorney hereby agrees to indemnify and hold City harmless from any and all claims that may be made against City based upon any contention by any of Attorney’s employees or by any third party, including but not limited to any state or federal agency, that an employer-employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Agreement or by reason of the nature and/or performance of any Services under this Agreement.
ii. It is further understood and agreed by the Parties hereto that Attorney, in the performance of its obligations hereunder, is subject to the control and direction of City as to the designation of tasks to be performed and the results to be accomplished by the Services agreed to be rendered and performed under this Agreement, but not as to the means, methods, or sequence used by Attorney for accomplishing such results. To the extent that Attorney obtains permission to, and does, use City facilities, space, equipment or support services in the performance of this Agreement, this use shall be at the Attorney’s sole discretion based on the Attorney’s determination that such use will promote Attorney’s efficiency and effectiveness. Except as may be specifically provided elsewhere in this Agreement, the City does not require that Attorney use City facilities, equipment or support services or work in City locations in the performance of this Agreement.
iii. If, in the performance of this Agreement, any third persons are employed by Attorney, such persons shall be entirely and exclusively under the direction, supervision, and control of Attorney. Except as may be specifically provided elsewhere in this Agreement, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Attorney. It is further understood and agreed that Attorney shall issue W-2 or 1099 Forms for income and employment tax purposes, for all of Attorney’s assigned personnel and subcontractors. b. Licenses; Permits, Etc.: Attorney represents and warrants that Attorney has all licenses, permits, City Business Operations Tax Certificate, qualifications, and approvals of whatsoever nature which are legally required for Attorney to practice its profession or provide any services under the Agreement. _____________
Attorney’s Initial
Attorney represents and warrants that Attorney shall, at its sole cost and expense, #6..
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Legal Services Agreement
City of Modesto and Swingle Van Egmond & Heitlinger
11 keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Attorney to practice its profession or provide such Services. Without limiting the generality of the foregoing, if Attorney is an out-of-state corporation, Attorney warrants and represents that it possesses a valid certificate of qualification to transact business in the State of California issued by the California Secretary of State pursuant to Section 2105 of the California Corporations Code.
c. Conflicts of Interest. Attorney represents and warrants that they have made a diligent effort to determine whether there are any actual or potential conflicts of interest that would preclude or interfere with Attorney’s performance of this Agreement, and that no such conflict of interest exists. Attorney shall indemnify and hold harmless City from and against any and all liability, loss, expense and obligation arising directly or indirectly out of any breach of the foregoing representation and warranty. Attorney agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City at all times during the performance of this Agreement.
d. Confidentiality of City Information. Attorney understands and agrees that during the course performing the services required by this Agreement, or in contemplation thereof, Attorney may have access to private or confidential information which may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City. Attorney agree that all information disclosed by City to Attorney shall be held in confidence and used only in performance of the services required by this Agreement. A violation of this section shall be a material violation of this Agreement and shall justify legal and/or equitable relief. e. Publicity. The City Representative shall serve as the point of contact for press information regarding all matters pertaining to Services performed by Attorney under this Agreement. Attorney will consult with and obtain approval of the City Representative before making any statement to any media outlet (whether radio, print, internet or television) about the Services.
f. Disqualification of Judges. At the option of the City Attorney, judges may be disqualified from hearing City litigation, and Attorney shall adhere to such decision of the City Attorney. In the event that Attorney is of the opinion that a judge ought to be disqualified, the City Attorney must be consulted in advance by Attorney, and Attorney must obtain the City Attorney’s written consent to such disqualification.
g. Equal Employment Opportunity. During the performance of this Agreement, Attorney, for itself, its assignees and successors in interest, agrees as follows:
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Legal Services Agreement
City of Modesto and Swingle Van Egmond & Heitlinger
12 i. Compliance With Regulations: Attorney shall comply with the Executive Order 11246 entitled “Equal Opportunity in Federal Employment”, as amended by Executive Order 11375 and 12086, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), hereinafter collectively referred to as the “Regulations.”
ii. Nondiscrimination: Attorney, with regards to the work performed pursuant to this Agreement, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. Attorney shall not participate either directly or indirectly in discrimination prohibited by the Regulations.
h. Severability. If any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
i. Waiver. Neither City acceptance of, or payment for, any Service or Additional Service performed by Attorney, nor any waiver by either Party of any default, breach or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.
j. Enforcement of Agreement. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court or Federal District Court located in Stanislaus County in the State of California, and the Parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
k. Attorneys’ Fees. In any action to enforce the terms of this Agreement, the prevailing Party shall recover its reasonable attorneys' fees. l. Assignment Prohibited. The expertise and experience of Attorney are material considerations for this Agreement. City has a strong interest in the qualifications and capability of the persons and entities who will fulfill the obligations imposed on Attorney under this Agreement. In recognition of this interest, Attorney shall not assign any right or obligation pursuant to this Agreement without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.
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Legal Services Agreement
City of Modesto and Swingle Van Egmond & Heitlinger
13 m. Notice. Any notice, demand, request, consent, approval, communication either Party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section.
To: City of Modesto: To: Attorney:
Attention: City Attorney Attention: Bradley J. Swingle
1010 Tenth Street, 6th Floor
Modesto, CA 95353
1207 I Street
Modesto, CA 95353
Phone: (209) 577-5288
Fax: (209) 544-8260
Phone: (209) 522-2211
Fax: (209) 522-2980
9. Entire Agreement. This document, including all Exhibits, contains the entire agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. No alteration to the terms of this Agreement shall be valid unless approved in writing by Attorney, and by City, in accordance with applicable provision of the Modesto City Code.
10. Authority. The person signing this Agreement for Attorney hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Attorney and to bind Attorney to the performance of its obligations hereunder.
11. Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated as if set forth fully herein.
[Signatures on Next Page.]
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Legal Services Agreement
City of Modesto and Swingle Van Egmond & Heitlinger
14 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.
CITY OF MODESTO,
A Municipal Corporation
By:___________________________________
Print name: Joseph P. Lopez
Title: City Manager
APPROVED TO AS FORM:
_____________________________________
Jose M. Sanchez, City Attorney
ATTEST:
____________________________________
Diane Nayares-Perez, City Clerk
_______________________________
Joe Rodriguez, Risk Manager
[Signatures Continued on Next Page.]
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Legal Services Agreement
City of Modesto and Swingle Van Egmond & Heitlinger
15 ATTORNEY:
SWINGLE, VAN EGMOND & HEITLINGER
a Professional Corporation
______________________________________
______________________________________
Federal I.D. No.
______________________________________
State I.D. No.
______________________________________
City of Modesto Business Op. Tax Cert. No.
TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
_____ Other (please specify: ______________)
______________________________________
Signature of Authorized Person
______________________________________
Title
______________________________________
Additional Signature (if required)
______________________________________
Title
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 23, 2023
Date: April 28, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: Third Amendment to Agreement for Consultant Services for Hetch Hetchy and Claratina Avenue Structural Crossing
CONTACT: Phillip Soares, Senior Civil Engineer, [email protected], 209-577-5258 DESCRIPTION:
Consider approving a Third Amendment to the Agreement with Associated Right of Way Services, Inc. for additional Right-Of-Way Services for the Hetch Hetchy and Claratina Avenue Structural Crossing Project, increasing the Agreement by $19,460 from $57,585 for new total amount not to exceed $77,045. (Funding Source: Streets Capital Facility Fees) STRATEGIC PLAN ELEMENT:
This action for the Hetch Hetchy and Claratina Avenue Structural Crossing project is consistent with the Council’s 2020-2025 Strategic Plan Goal D, Ensure Safe, Efficient and Reliable Infrastructure.
BACKGROUND:
The Hetch Hetchy and Claratina Avenue Structural Crossing project intends to build a structural crossing as part of widening of Claratina Avenue between McHenry Avenue and Coffee Road.
To construct the project, the City is required to acquire property and Temporary Construction Easements (TCE’s) from property owners along Claratina Avenue.
On May 31, 2017, the City Manager approved an Agreement with Associated Right of Way Services, Inc. (ARWS) to provide negotiation and acquisition services for the Hetch Hetchy and Claratina Avenue Structural Crossing project in an amount not to exceed $36,500.
As right-of-way services began, ARWS contacted the property owner, Parkwood Seventh-Day Adventist Church, and it was discovered that the existing residence at A.P.N. 082-009-003, had renters and would require relocation planning and assistance services as part of property acquisition.
On October 9, 2017, the City Manager approved the First Amendment to the Agreement to provide relocation planning and assistance services pertaining to 301 Claratina Avenue, #7..
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City Council, May 23, 2023
Third Amendment to Agreement for Consultant Services for Hetch Hetchy and Claratina Avenue
Modesto, CA for an amount not to exceed $10,000. The cost of the First Amendment and the original Agreement were under the City Manager’s approval authority of $50,000.
On September 25, 2018, by Resolution No. 2018-406, Council approved the Second Amendment to the Agreement with ARWS for additional services needed outside of the current scope of services, including drafting/obtaining permits to enter, coordination and preparation of additional documentation requested by Hetch Hetchy, and review of additional appraisals completed by property owners.
DISCUSSION:
Associated Right of Way Services has completed several tasks from the original Agreement and prior amendments, however with the modifications to this project including the requirement to construct a larger structural crossing, there has been a delay in acquisition of the required right of way associated with the parcels along Claratina Avenue. With the parcel appraisals being completed in 2018, there is a need to update some of the property appraisals.
On April 10, 2023, ARWS submitted a request for a Third Amendment to the City to provide Appraisal Services for property acquisition and updated TCE to be written with language indicating that it would be in effect starting from first entry during construction for parcel 082- 009-003. The Third Amendment will also provide acquisition and administrative services for this parcel to proceed up to and through close of escrow. Staff recommends approval of the Third Amendment to the Agreement.
FISCAL IMPACT:
Funding for the Third Amendment is available in the current FY 2022-2023 Capital Improvement Program budget in Account:
100945 – Capital Grants - Streets Capital Facility Fee Fund - 3410 “Hetch-Hetchy and Claratina Structural Crossing”
ANTICIPATED RIGHT OF WAY SERVICES EXPENDITURES:
Original Agreement, (including Amendments 1-2) $57,585
Proposed Third Amendment $19,460
REVISED TOTAL AGREEMENT $77,045
COMMITTEE RECOMMENDATION:
This item was reviewed by the Economic Development Committee on May 1, 2023 and approved to move forward to Council.
CEQA/NEPA REQUIREMENTS:
Environmental review has been provided through a Finding of Conformance (FOC) dated January 26, 2018. City of Modesto, as the lead agency, has determined that the project is within the scope of the Master EIR and no new environmental document or Public Resources Code Section 21081 findings are required.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving a Third Amendment to the Agreement with Associated Right of Way Services, Inc. for the Hetch Hetchy and Claratina Avenue Structural Crossing Project, #7..
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City Council, May 23, 2023
Third Amendment to Agreement for Consultant Services for Hetch Hetchy and Claratina Avenue
increasing the Agreement amount by $19,460, from $57,585 to a new total amount not to exceed $77,045, and authorizing the City Manager, or his designee to execute the Third Amendment.
Approved by:
Jessica Hill, Interim Director of CEDD
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Third Amendment to Agreement
3. ARWS “Exhibit 3”
4. Original Agreement with Associated Right Way Services, Inc.
5. First Amendment to Agreement
6. Second Amendment to Agreement
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05/23/2023/CEDD P. Soares 1 2023-
MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION APPROVING A THIRD AMENDMENT TO THE AGREEMENT WITH ASSOCIATED RIGHT OF WAY SERVICES, INC. FOR THE HETCH
HETCHY AND CLARATINA AVENUE STRUCTURAL CROSSING PROJECT, INCREASING THE AGREEMENT AMOUNT BY $19,460, FROM $57,585 FOR A NEW TOTAL AMOUNT NOT TO EXCEED $77,045, AND AUTHORIZING THE
CITY MANAGER, OR HIS DESIGNEE TO EXECUTE THE THIRD
AMENDMENT
WHEREAS, the Hetch Hetchy and Claratina Avenue Structural Crossing project intends to build a structural crossing as part of widening of Claratina Avenue between McHenry Avenue and Coffee Road; and
WHEREAS, to construct the project, the City is required to acquire property and Temporary Construction Easements (TCE’s) from property owners along Claratina Avenue; and
WHEREAS, on May 31, 2017, the City Manager approved an Agreement with Associated Right of Way Services, Inc. (ARWS) to provide negotiation and acquisition services for the Hetch Hetchy and Claratina Avenue Structural Crossing project in an amount not to exceed $36,500; and
WHEREAS, as right-of-way services began, ARWS contacted the property owner, Parkwood Seventh-Day Adventist Church, and it was discovered that the existing residence at A.P.N. 082-009-003, had renters and would require relocation planning and assistance services as part of property acquisition; and WHEREAS, on October 9, 2017, City Manager approved the First Amendment to the Agreement to provide relocation planning and assistance services pertaining to 301 Claratina Avenue, Modesto, CA for an amount not to exceed $10,000; and #7..
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05/23/2023/CEDD P. Soares 2 2023-
WHEREAS, the cost of the First Amendment and the original Agreement were under the City Manager’s approval authority of $50,000; and WHEREAS, on September 25, 2018, by Resolution No. 2018-406, Council approved the Second Amendment to the Agreement with ARWS for additional services needed outside of the current scope of services, including drafting/obtaining permits to enter, coordination and preparation of additional documentation requested by Hetch Hetchy, and review of additional appraisals completed by property owners; and WHEREAS, Associated Right of Way Services has completed several tasks from the original Agreement and prior amendments, however with the modifications to this project including the requirement to construct a larger structural crossing, there has been a delay in acquisition of the required right of way associated with the parcels along Claratina Avenue; and
WHEREAS, with the parcel appraisals being completed in 2018, there is a need to update some of the property appraisals; and
WHEREAS, on April 10, 2023, ARWS submitted a request for a Third Amendment to the City to provide Appraisal Services for property acquisition and updated TCE to be written with language indicating that it would be in effect starting from first entry during construction for parcel 082-009-003; and WHEREAS, the Third Amendment will also provide acquisition and administrative services for this parcel to proceed up to and through close of escrow; and WHEREAS, Staff recommends approval of the Third Amendment to the Agreement.
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05/23/2023/CEDD P. Soares 3 2023-
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Third Amendment to the Agreement with Associated Right of Way Services, Inc. for the Hetch Hetchy and Claratina Avenue Structural Crossing project, increasing the Agreement amount by $19,460, from $57,585 to a new total amount not to exceed $77,045.
BE IT FURTHER RESOLVED, that the City Manager or his designee is hereby authorized to execute the Third Amendment 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 23rd day of May, 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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Amendment No. 3 -1- Hetch Hetchy and Claratina Avenue Structural Crossing
THIRD AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
FOR HETCH HETCHY AND CLARATINA AVENUE STRUCTURAL CROSSING This THIRD AMENDMENT TO AGREEMENT FOR CONSULTANT
SERVICES FOR HETCH HETCHY AND CLARATINA AVENUE STRUCTURAL CROSSING (“Third Amendment”) is made and entered into in the City of Modesto, Stanislaus County, State of California, and of this ______ day of _________, 2023, by and between the CITY OF MODESTO a municipal corporation of the State of California (City”) and ASSOCIATED RIGHT OF WAY SERVICES, INC., a California corporation (“Consultant”).
This Third Amendment to Agreement is made with regard to the following Recitals:
A. On or about May 31, 2017, City and Consultant entered into a STANDARD AGREEMENT FOR CONSULTANT SERVICES (“Agreement”).
B. On or about October 9, 2017, City and Consultant entered into a FIRST
AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES FOR
HETCH HETCHY AND CLARATINA AVENUE STRUCTURAL
CROSSING (“First Amendment”).
C. On or about September 25, 2018, City and Consultant entered into a SECOND
AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES FOR
HETCH HETCHY AND CLARATINA AVENUE STRUCTURAL
CROSSING (“Second Amendment”).
D. Paragraph 9 “AMENDMENTS” of the Agreement states in part: “…Both parties to this Agreement understand it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or #7..
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Amendment No. 3 -2- Hetch Hetchy and Claratina Avenue Structural Crossing change to the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work…”
E. Paragraph 3 “COMPENSATION” of the Agreement states in part:
“…Consultant agrees to accept a sum not to exceed THIRTY-SIX THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($36,500.00) (maximum
compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit “A” attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement…”
F. On September 8, 2017, Consultant submitted to the City a budget augmentation for additional tasks requested by the City to be added to the Agreement for the completion of Right of Way tasks related to the Hetch Hetchy and Claratina Avenue Structural Crossing project, attached hereto as Exhibit “1” and incorporated herein by reference. Exhibit “1” identifies additional tasks to be performed by Consultant as well as Consultant’s cost for each additional task.
G. On June 12, 2018, Consultant submitted to the City a budget augmentation for additional tasks requested by the City to be added to the Agreement for the completion of work related to the Hetch Hetchy and Claratina Avenue Structural Crossing project, attached hereto as Exhibit “2” and incorporated herein by reference. Exhibit “2” identifies additional tasks to be performed by Consultant as well as the Consultant’s cost for each additional task.
H. On April 10, 2023, Consultant submitted to the City a budget augmentation for additional tasks requested by the City to be added to the Agreement for the #7..
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Amendment No. 3 -3- Hetch Hetchy and Claratina Avenue Structural Crossing completion of work related to the Hetch Hetchy and Claratina Avenue Structural Crossing project, and attached hereto as Exhibit “3” and incorporated herein by reference. Exhibit “3” identifies additional tasks to be performed by Consultant as well as Consultant’s costs for each additional task.
I. The estimated additional tasks result in increased cost as follows:
1. FIRST AMENDMENT
i. Relocation Planning – $3000
ii. Relocation Assistance – $7,000
2. SECOND AMENDMENT
i. Task 3 Project Management – $1,050
ii. Task 4 Right of Way Acquisition Service – $6,035
iii. Task 5 Property Owner’s Appraisal Review – $4,000
3. THIRD AMENDMENT
i. Task 6 – Appraisal Services – $8,500
ii. Task 7 – Acquisition and Administrative Services – $10,960 J. The aforementioned estimated additional tasks increase the amount of the Agreement by $40,545. The amounts listed above are the estimated level of effort for each additional task. In no case shall the total fee exceed the total contract amount under the Agreement and this Third Amendment without memorializing an additional written amendment to the Agreement signed by City and Consultant.
K. The parties to the Agreement and this Third Amendment to Agreement understand and agree that it is necessary to modify Paragraph 1 of the Agreement entitled “SCOPE OF SERVICES”.
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Amendment No. 3 -4- Hetch Hetchy and Claratina Avenue Structural Crossing L. The parties to the Agreement and this Third Amendment to Agreement understand and agree it is necessary to modify Paragraph 3 entitled “COMPENSATION”.
M. Paragraph 2 “TERM OF AGREEMENT” of the Agreement states in part:
“…This Agreement is effective as of the date first written above and will continue in effect until the earlier occurrence of either (i) City’s acceptance of and payment for all services authorized by City and performed by Consultant or (ii) on December 31, 2019, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement or amended in accordance with the provisions of the amendment clause in this Agreement…” N. The parties to the Agreement and this Third Amendment to Agreement further understand and agree the Agreement is modified solely by the modifications contained in the First Amendment, Second Amendment, and this Third Amendment to the Agreement and in no other way whatsoever.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements contained herein, the parties mutually agree as follows:
1. The recitals and exhibits set forth above and as set forth in the Agreement, First and Second Amendments are incorporated by this reference and hereby made a part of this Third Amendment.
2. Except as provided herein, the terms used in this Third Amendment shall have the same meaning as the same terms have in the Agreement, the First and Second Amendments.
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Amendment No. 3 -5- Hetch Hetchy and Claratina Avenue Structural Crossing
3. Unless expressly amended by this Third Amendment, all the terms and provisions of the Agreement, First and Second Amendments shall remain in full force and effect.
4. Paragraph 1 entitled “SCOPE OF SERVICES” on page 1 of the Original Agreement shall be deleted and the parties agree to and hereby do substitute the following in its place:
SCOPE OF SERVICES.
Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to this Agreement and referred to therein as Exhibit “A” or “Project”. In addition, Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the First Amendment to Agreement and referred to herein as Exhibit “1”, Second Amendment to Agreement and referred to herein as Exhibit “2”, and in Exhibit “3” attached to the Third Amendment to Agreement for Consultant Services. The Consultant shall perform the services as described in the aforementioned Exhibit “A”, Exhibit “1”, Exhibit “2”, and Exhibit “3” in a manner compatible with the standards of its profession and shall produce a fully complete project as described in Exhibit “A”, Exhibit “1”, Exhibit “2” and Exhibit “3” acceptable to City.
5. The first Paragraph of Paragraph no. 2 entitled “TERM OF AGREEMENT on page 1 of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
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Amendment No. 3 -6- Hetch Hetchy and Claratina Avenue Structural Crossing TERM OF AGREEMENT.
This Agreement is effective as of the first date written on the Original Agreement of May 31, 2017 and will continue in effect until the 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 the Original Agreement.
6. Paragraph no. 3 entitled “COMPENSATION” on page 2 of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
COMPENSATION.
Consultant agrees accept a sum not to exceed SEVENTY SEVEN THOUSAND AND FORTY-FIVE AND 00/100 ($77,045) (maximum
compensation) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit “A” to this Agreement, Exhibit “1” to the First Amendment, Exhibit “2” to the Second Amendment, and “Exhibit 3” to the Third Amendment to Agreement as well as for performance by Consultant of all duties and obligations under this Agreement, the First Amendment, the Second Amendment, and the Third Amendment to Agreement for the Hetch Hetchy and Claratina Avenue Structural Crossing.
The compensation shall be paid pursuant to and in the manner and at the time set forth below:
Professional services received by the City under the Original Agreement, the First Amendment, the Second Amendment, and this Third #7..
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Amendment No. 3 -7- Hetch Hetchy and Claratina Avenue Structural Crossing Amendment to Agreement shall be paid for on a “time and materials” basis with a “not to exceed” amount, as called for in Exhibits “A” and “B” of the Original Agreement, Exhibit “1” of the First Amendment, Exhibit “2” of the Second Amendment, and Exhibit “3” of this Third Amendment to Agreement. Consultant shall prepare, and City agrees to pay Consultant on time and materials for monthly invoices, which include detailed tasks, hours worked, and billable rates for work completed. The local agency shall reimburse the CONSULTANT for actual costs (additional reimbursable expenses including, labor costs, employee benefits, overhead, sub-consultant travel expenses and other direct costs) incurred by the CONSULTANT in performance of the work called for in Exhibits “A” and “B” of the Original Agreement, Exhibit “1” of the First Amendment, Exhibit “2” of the Second Amendment, and Exhibit “3” of this Third Amendment to Agreement on the monthly invoices, which include detailed receipts for actual costs paid by CONSULTANT in the interest of the project.
7. Except as herein modified, the provisions of the Original Agreement are expressly reaffirmed and remain in full force and effect. #7..
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Amendment No. 3 -8- Hetch Hetchy and Claratina Avenue Structural Crossing IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Second Amendment to Agreement for Consultant Services in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023- , adopted by the Council of the City of Modesto on the day of , 2023, and ASSOCIATED RIGHT OF WAY SERVICES, INC. has caused this Third Amendment to Agreement to be duly executed in duplicate. (Signatures on next page)
(4/10/2023 Approved by PH)
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Exhibit 3
City of Modesto
SCOPE OF WORK FOR AMENDMENT NO. 3
1255 Treat Blvd.
Suite 815
Walnut Creek, CA 94597
925.691.8500 phone
925.691.6505 fax
www.arws.com
Client City of Modesto
Project: Hetch Hetchy and Claratina Avenue Structural Crossing Project Parcel Owner Services
082-009-003 Central California Conference Association of Seventh-Day Adventists
Task 6- Appraisal Services
Task 7 - Acquisition and Administrative Services
April 10, 2023
Request for Amendment 3 for Additional Right of Way Services relative to Standard Agreement for Consultant Services dated May 31, 2017
Scope of Services (Additional)
Task 6 – Appraisal Services
Prepare appraisal report for fee simple and temporary construction easement for APN: 082-009-003. Include residence in valuation
TCE to be valued based on first entry onto property for construction and to terminate 3 years after first entry. Construction estimated to begin in 3 years from current date.
Task 7 – Acquisition and Administrative Services
Review, final, and assemble Purchase Agreements, Grant Deeds, and Temporary Construction Easements (TCEs) for parcels 082-009-003.
Contact owner to explain project updates and final documents. Coordinate documents signing with property owners. If requested by property owners schedule in person meetings and provide notary services. Complete and assemble closing package for property (Administrative Settlement Memorandum, Escrow Instructions, Memorandum of Settlements, Check Requests, etc.) and forward the complete packages to the Client. Coordinate and work with Client, Property Owner and Title Company to coordinate escrow closure.
Budget Estimate
An additional budget of $19,460.00 is being requested for these services, as follows:
Tasks Budget
Task 6 – Appraisal Services $8,500.00
Task 7 - Acquisition and Administrative Services $10,960.00 Additional Budget Total $19,460.00
AR/WS FEE SCHEDULE
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Exhibit 3
City of Modesto
SCOPE OF WORK FOR AMENDMENT NO. #3
CONSULTING CATEGORY RATE
Principal Consultant $275.00
Managing Consultant $225.00
Consultant III $170.00
Consultant II $150.00
Consultant I $130.00
Right of Way Technician $105.00
Administrative Support $85.00
Appraisal Reports Lump Sum
Appraiser III (MAI) (Hourly) $225.00
Appraiser II (Hourly) $205.00
Appraiser I (Hourly) $180.00
Subcontractors Cost + 10%
Preparation for Court Appearances $300.00
Depositions, Court Appearances, Arbitrations / Mediations, Hearings, and Testimony $400.00
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Amendment No. 2 -1- Hetch Hetchy and Claratina Avenue Structural Crossing
SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
FOR HETCH HETCHY AND CLARATINA AVENUE STRUCTURAL CROSSING This Second Amendment to Agreement for Consultant Services is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and ASSOCIATED RIGHT OF WAY SERVICES, INC., a California corporation (“Consultant”), entered into by the parties on the 31st day of May, 2017, hereinafter referred to as “Original Agreement”.
This Second Amendment to Agreement for Consultant Services is made with regard to the following recitals:
A. Paragraph no. 9 “AMENDMENTS” on page 5 of the Original Agreement acknowledges the parties understand it may become desirable or necessary for City or Consultant to modify the scope of services provided for under the Agreement and any such modification must be in writing signed by both parties.
B. Paragraph no. 3 “COMPENSATION” on page 2 of the Original Agreement for Consultant Services specifies the sum of $36,500.00 as the total compensation Consultant agrees to accept for performing all services and furnishing all staffing and materials for the project as well as performance by Consultant of all of its duties and obligations required in the Original Agreement.
C. Paragraphs D. and E. on page 2 for the First Amendment to Agreement for Consultant Services entered into by the parties on the 9th day of October, 2017, specified that the additional tasks to be performed by Consultant were as follows: Task 1: Relocation Planning:
Additional cost: $3,000; and Task 2: Relocation Assistance: Additional cost: $7,000, which increased the total amount of the Original Agreement by $10,000.00. #7..
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Amendment No. 2 -2- Hetch Hetchy and Claratina Avenue Structural Crossing D. On or about June 12, 2018, Consultant submitted to the City a budget augmentation for additional tasks requested by the City to be added to the Original Agreement for the completion of work related to the Hetch Hetchy and Claratina Avenue Structural Crossing project, and attached hereto as Exhibit “2” and incorporated herein by this reference. Exhibit “2” identifies additional tasks to be performed by Consultant as well as Consultant’s costs for each additional task.
E. The additional tasks to be performed by Consultant are as follows:
Task 3. Project Management: Additional cost: $1,050
Task 4. Right of Way Acquisition Service: Additional cost: $6,035 Task 5. Property Owner’s Appraisal Review: Additional cost: $4,000 F. The aforementioned additional tasks increase the amount of the Original Agreement by $11,085.00. The amounts listed above are the estimated level of effort for the additional tasks. In no case shall the total fee exceed the total contract amount under the Original Agreement, First Amendment and this Second Amendment to Agreement without memorializing an additional written amendment to the original contract and must be signed by both parties.
G. The parties to the Original Agreement, First Amendment and this Second Amendment to Agreement now understand and agree that it is necessary to modify paragraph no. 1 entitled “SCOPE OF SERVICES” on page 1 of the Original Agreement.
H. The parties to the Original Agreement, First Amendment and this Second Amendment to Agreement now understand and agree it is necessary to modify paragraph no. 3 entitled “COMPENSATION” on page 2 of the Original Agreement.
I. The parties to the Original Agreement, First Amendment and this Second Amendment to Agreement further understand and agree the Original Agreement is modified #7..
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Amendment No. 2 -3- Hetch Hetchy and Claratina Avenue Structural Crossing solely by the modifications contained in the First Amendment and this Second Amendment to Agreement and in no other way whatsoever.
NOW, THEREFORE, in consideration of this Second Amendment to Agreement, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Consultant Services, the First Amendment and this Second Amendment to Agreement, the parties agree as follows:
1. The parties agree that each of the recitals set out above is factually true and correct.
2. Paragraph 1 entitled “SCOPE OF SERVICES” on page 1 of the Original Agreement shall be deleted and the parties agree to and hereby do substitute the following in its place:
SCOPE OF SERVICES.
Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the Original Agreement and referred to therein as Exhibit “A” or “Project”. In addition, Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the First Amendment to Agreement and referred to herein as Exhibit “1” and in Exhibit “2” attached to the Second Amendment to Agreement for Consultant Services. The Consultant shall perform the services as described in the aforementioned Exhibits “A”, “1” and “2” in a manner compatible with the standards of its profession and shall produce a fully complete project acceptable to City. The aforementioned Exhibits “A”, “1” and “2” are incorporated herein by this reference.
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Amendment No. 2 -4- Hetch Hetchy and Claratina Avenue Structural Crossing
3. Paragraph no. 3 entitled “COMPENSATION” on page 2 of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
COMPENSATION.
Consultant agrees to perform the work on a time and materials basis not to exceed $57,585.00 (maximum compensation) for performing all services and furnishing all staffing and materials called for in Exhibits “A” to the Original Agreement, Exhibit “1” attached to the First Amendment, and in Exhibit “2” attached to this Second Amendment to Agreement as well as for performance by Consultant of all duties and obligations under the Original Agreement, First Amendment to Agreement, and the Second Amendment to Agreement.
The compensation shall be paid pursuant to and in the manner and at the time set forth below:
Professional services received by the City under the Original Agreement, the First Amendment, and this Second Amendment to Agreement shall be paid for on a “time and materials” basis with a “not to exceed” amount, as called for in Exhibits “A” and “B” of the Original Agreement, Exhibit “1” of the First Amendment, and Exhibit “2” of the Second Amendment to Agreement. Consultant shall prepare and City agrees to pay Consultant on time and materials for monthly invoices, which include detailed tasks, hours worked, and billable rates for work completed. The local agency shall reimburse the CONSULTANT for actual costs (additional reimbursable expenses including, labor costs, #7..
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Amendment No. 2 -5- Hetch Hetchy and Claratina Avenue Structural Crossing employee benefits, overhead, sub-consultant travel expenses and other direct costs) incurred by the CONSULTANT in performance of the work called for in Exhibits “A” and “B” of the Original Agreement, Exhibit “1” of the First Amendment, and Exhibit “2” of this Second Amendment to Agreement on the monthly invoices, which include detailed receipts for actual costs paid by CONSULTANT in the interest of the project.
4. Except as herein amended or modified, the provisions of the Original Agreement are expressly reaffirmed and remain in full force and effect. #7..
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City of Modesto
SCOPE OF WORK FOR AMENDMENT NO. 2
Exhibit “2” – Scope of Work Page 1 of 2
2300 Contra Costa Blvd.
Suite 525
Pleasant Hill, CA 94523
925.691.8500 phone
925.691.6505 fax
www.arws.com
Client City of Modesto
Project: Hetch Hetchy and Claratina Avenue Structural Crossing Project Parcel Owner Services
082-009-003 Central California Conference Association of SeventhDay AdventistsPermits to Enter for Environmental Site Assessments and Documents for Hetch Hetchy
Right of Way.
082-009-005 Liberty Landmark Missionary Baptist Church Permits to Enter for Environmental Site Assessments and Documents for Hetch Hetchy
Right of Way.
082-009-007 Gogna, Ravi K. and Harjit R. Permits to Enter for Environmental Site Assessments, review of owner’s appraisal report
and consultation with in-house appraiser.
082-009-009 Demattos, Joanne; Grimaldi, Frank P. Permits to Enter for Environmental Site Assessments, review of owner’s appraisal report
and consultation with in-house appraiser.
082-009-014 Butler, Randy L. and Melinda D. Permits to Enter for Environmental Site Assessments and Documents for Hetch Hetchy
Right of Way.
June 12, 2018
Request for Amendment to Expand Right of Way Services relative to Standard Agreement for Consultant Services dated May 31, 2017
Scope of Services (Additional)
Task 3 - Project Management – Environmental, Appraisal Review, City & County of San Francisco Coordination Coordination of Services for Environmental Site Assessments In-House Review of Owners Appraisal’s Reports
Review and Preparation of Revocable License Agreement between Modesto and City of County of San Francisco 7 Hours @ $150.00/Hour = $1,050.00
Task 4 – Hetch Hetchy Right of Way Acquisition Service
Draft cover letters and Permits-to-Enter, calls and follow-up calls to property owners. Obtain Permits-to-Enter from all five property owners for Environmental Consultant to Perform Environmental Site Assessment and coordinating activities between Consultant and Properties. Preparation of Consent Agreement for Use of Temporary Construction Easements pertaining the use of surface rights on private property.
Preparation of Quitclaim Deeds for Property Owners to Relinquish Surface Rights Back to City and County of San Francisco Preparation of Quitclaim Deeds which Releases the Temporary Construction Easements on Private Properties.
38.50 Hours @ $ 150.00/Hour = $5,775.00
4 hours @ $65.00/Hour = $ 260.00
Combined total = $6,035.00
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City of Modesto
SCOPE OF WORK FOR AMENDMENT NO. 2
Exhibit “2” – Scope of Work Page 2 of 2
Task 5 - Property Owner’s Appraisal Review
Review of two appraisal reports provided by the property owners. Consultation with in-house appraiser to determine if there is any validity in owner’s appraisal. Update offer documents to reflect any increase in value due to owner’s appraisal reports. $800.00/Property
5 properties @ $800.00/per property = $4,000.00
Client – City of Modesto
Project: Hetch Hetchy and Claratina Avenue Structural Crossing Project Request for Amendment to Expand Right of Way Services relative to Standard Agreement for Consultant Services dated May 31, 2017
Budget Estimate
An additional budget of $ 11,085.00 is being requested for these services, as follows:
Total Additional Budget
Project Management $1,050.00
Acquisition Services re: Environmental Site
Assessments and Hetch Hetchy Right of Way
$6,035.00
Review of Owner’s Appraisal Reports and
Consultation with In-House Appraiser
$4,000.00
Estimated Additional Budget Total $11,085.00
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 23, 2023
Date: May 1, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: January and February 2023 Grant Application and Awards CONTACT: Maria Garnica, Accounting Manager, [email protected] 209-577-5249
DESCRIPTION:
Consider accepting an Informational Report on the January and February 2023 Grant Applications and Awards. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto 2020-2025 Strategic Plan focus of Governance and Service Delivery under Goal H: Achieve Financial Sustainability.
BACKGROUND:
The Finance Department coordinated with California Consulting to update the Administrative Directive 7.2, “Grant Management.” The revised directive was updated on July 1, 2021 to streamline the grant management process and to establish better controls on local match requirements, including potential future costs which could be required as part of a grant agreement. Additionally, the Finance Department coordinated several training sessions to highlight key changes to the new directive.
This directive has eliminated the requirement to go to Council for the application and acceptance of grant awards if the amount of the grant is less than $1,000,000 and does not require any local match funding. The Director of Finance is authorized to approve grant applications and awards under $25,000 with no local funding requirements. The City Manager has the authority for approving grant applications and awards between $25,000 and under $1,000,000 with no local match funding requirements. Due to the need for quick turnaround on grant application and award acceptance required by the granting agencies, this directive allows for City departments to apply for more grants within the grant application periods and provide quick response to award acceptance deadlines.
The Finance Department will inform Council of all grant activity by preparing a bi-monthly informational report on both grant applications and awards. Finance Department has established #8..
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January and February 2023 Grant Application and Awards
internal grant application forms to manage the types of grants being applied for and to ensure local match requirements will be managed within our current budget.
City departments continue to actively pursue new grant applications as part of notifications received from federal, state, and local agencies they have subscribed to, such as Department of Housing, Department of Transportation, State Water Resources Control Board, Department of Justice and professional government associations. City departments have staff assigned to monitor these grant application notices to determine if the City meets the required qualifications to apply for the grant.
On October 11, 2022 under Resolutions 2022-418, 2022-419, and 2022-420, City Council approved three one-year agreements with two one-year extension options, for On-call Water Resource grant research and writing services with Provost & Pritchard Consulting Group, West Yost Associates and Woodard & Curran to assist with grant research opportunities for the Utilities Department.
DISCUSSION:
During the months of January and February 2023, City Council approved the below grant application and award acceptance agreements recommended by City staff based on opportunities to receive federal, state and/or local grant funds for the City with required local match or which exceeded $1,000,000 with no local match.
Public Works Department:
(Grant Application $TBD – Local Match $0) Environmental Protection Agency (EPA) Consumer Recycling Education and Outreach Grant. Funds from this grant will be used to fund outreach and education programs with a focus on the following main points: Youth engagement through partnerships with local schools and newly launched Modesto Children’s Museum; Social marketing that utilizes the EPA’s resources on behavior change to a citywide audience; in-person outreach and events that demonstrate sorting in a hands-on and engaging manner; and offering community education, indoor recycling containers, and other resources to ease financial and behavioral burdens to accessible recycling.
(Grant Application $ TBD – Local Match $0) Clean California Local Grant Program (CCLGP) from Department of Transportation. Funds from this grant if awarded would be used to fund projects that addresses blight concerns in disadvantaged and underserved communities. This includes converting vacant lots to usable public space that discourages dumping, improvements and beautification projects that encourage civic pride, and litter or blight abatement efforts.
Utilities Department:
(Grant Application $7,227,922 – Local Match $0) Urban Community Drought Relief Program from California Department of Water Resources. Funds from this grant if awarded would be used for the following projects:
o Empire – Water Main Crossing – Two potable water crossings that cross State Route 132/Yosemite Boulevard and upsize the distribution mains from an 8inch main to a 12-inch main. These improvements will provide #8..
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January and February 2023 Grant Application and Awards
reliable volumes of potable water, redundancy, and alleviate the bottlenecks during maximum water peak demands.
o Empire – Distribution Water Main Replacements – replace and upgrade over 6,800 linear feet of deficient water mains, associated water valves, services, and fire hydrants to increase service reliability, improve peak demand flows, reliability, pressures and improve public health ad safety.
The project area is bounded by I Street on the East, E Street on the West, Center Avenue on the North, and Sunshine Court on the South. o Turf Replacement – City Parks – grant funding would focus on transitioning areas designated with priority levels of 1 or 2 to drought tolerant landscaping and would accomplish the following:
Total Turf Removed 12.54 Acres
Annual Water Savings 12.3 Gallons
Annual Cost Savings $33,000
o Turf Replacement – Residential & Commercial Programs – grant funding will assist the City to continue offering rebate amounts for turf replacement for qualifying artificial turf or drought tolerant projects up to $3,000 per residential City of Modesto water account and $6,000 per commercial City of Modesto water account.
During the months of January and February 2023 City Manager and Director of Finance approved the below grant applications and awards recommended by City staff based on opportunities to receive federal, state and/or local grant funds for the City with no local match requirement and which did not exceed $1,000,000.
Modesto Police Department:
(Grant Application $606,808 – Local Match $0) Selective Traffic Enforcement Program (STEP) from the State of California Office of Traffic Safety. Funds from this grant will be used to conduct best practice strategies to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include; impaired driving, night-time seatbelt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. (Grant Application $44,500 – Local Match $0) Pedestrian and Bicycle Safety Program from the State of California Office of Traffic Safety. Funds from this grant will be used to conduct best practice strategies to reduce the number of persons killed and injured in crashes involving pedestrians and bicyclists. The funded strategies may include classroom education, bicycle rodeos, community events, presentations, and workshops. These countermeasures should be conducted in communities with high numbers of pedestrian and/or bicycle related crashes including underserved communities, older adults, and school -aged children. Coordinated efforts such as Safe Routes to School initiatives, Safe System Approach, and working with community-based organizations are highly encouraged to prevent fatalities and injuries of vulnerable non-motorized road users. #8..
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January and February 2023 Grant Application and Awards
(Grant Application $60,000 – Local Match $0) Alcoholic Beverage Control (ABC) Alcohol Policing Partnership (APP) Grant from Department of Alcoholic Beverage Control. Funds from this grant will allow the Modesto Police Department to continue to expand its efforts in addressing alcohol-related problems through a comprehensive ABC program.
FISCAL IMPACT:
No fiscal impact will result from the acceptance of this informational report on January and February 2023 grant application and awards. A monthly summary by grant application and awards is below:
Grant Applications: $7,939,230
Grant Applications Local Match: $0
COMMITTEE RECOMMENDATION:
This item has not gone before a committee.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Motion accepting an Informational Report for the January and February 2023 Grant Applications and Awards.
Approved by:
DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:
1. January and February 2023 Grant Applications and Award #8..
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January and February 2023 Grant Applications
Grant Application
Grant Title Month Grant Awarding Agency City Department Name/Division Grant
Application
Amount
Grant
Application
Local Match
Amount
Consumer Recycling Education and Outreach Grant JAN-23 Environmental Protection Agency (EPA) Public Works Department TBD - Selective Traffic Enforcement Program (STEP) JAN-23 State of California- Office of Traffic Safety Modesto Police Department 606,808 - Pedestrian and Bicycle Safety Program JAN-23 State of California- Office of Traffic Safety Modesto Police Department 44,500 - ABC Alcohol Policing Partnership (APP) Grant FEB-23 Department of Alcoholic Beverage Control Modesto Police Department 60,000 - Urban Community Drought Relief Program FEB-23 California Department of Water Resources Utilities Department 7,227,922 - Clean California Local Grant Program (CCLGP) FEB-23 Department of Transportation Public Works Department TBD - Total $ 7,939,230 $ -
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 23, 2023
Date: May 2, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Alan Ernst, Fire Chief
SUBJECT: Regional Fire Investigation Unit Memorandum of Understanding Amendment CONTACT: Alan Ernst, Fire Chief, [email protected] , 209-572-9590 DESCRIPTION:
Consider approving a Memorandum of Understanding (MOU) with Stanislaus County, Stanislaus Consolidated Fire Protection District, the Modesto Fire Department (MFD), City of Turlock and the City of Ceres to continue providing County-Wide Fire Investigation Services. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:
This action supports the City of Modesto 2020-2025 Strategic Plan focus on quality of life under Goal A: Improve Community Safety.
BACKGROUND:
Since its initiation, the Regional Fire Investigation Unit (FIU) has been a vital tool in the county for investigation of suspicious and criminal fires and ensuring all laws and best practices are adhered to. As arson cases go to trial, the law enforcement and prosecutorial knowledge as part of the investigation team has been critical. Each investigator is held to minimum training standards that ensure they are up-to-date on the latest investigation laws, procedures and best practices.
On June 12, 2018, by Resolution 2018-221, Council approved the current MOU that exists to support our model of regionalization of service with cooperating surrounding agencies. Since this adoption, MFD has expanded its coverage area by taking on contracts for service with the cities of Salida and Ceres necessitating additional needs to be addressed in this new MOU.
DISCUSSION:
The FIU will be comprised of an FIU Supervisor, Criminal Investigator, Sheriff’s Detective, FIU Coordinator (40 hour), and three (3) full-time FIU Duty (Shift) Investigators, and one (1) part time investigator from Turlock.
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City Council, May 23, 2023
Regional FIU MOU Amendment
Responsibility for the day-to-day conduct of the FIU operations is vested in the Modesto Fire Department or their designee.
The significant changes to the MOU this year include the following:
Management will now be overseen by MFD with daily supervision by Stanislaus County District Attorney’s Office.
The additional part-time investigator and reserve Investigator positions FISCAL IMPACT:
Per section V. C. 4. of the MOU, the City of Modesto Fire Department will provide resources equal to the Less-Than-County Wide Fire Tax funds contribution to the FIU. These resources to the FIU include associated costs for two Fire Investigator positions, related tools/materials/supplies, use of Station 8 and specific training and equipment for the FIU. The value of the resources contributed to the FIU will be compiled in a semi-annual memo billing along with documentation of the costs provided in support of fire incidents to the County.
These funds for MFD’s contributions to the FIU are fully budgeted in the current Fiscal Year 2022-23. The fire investigator positions and the operating budget have been entered with the proposed budget which will be adopted in June by the City Council.
Fund/Cost Center Description Account
General Fund/Fire Investigations 0100-18520
COMMITTEE RECOMMENDATION:
This item was presented to the Safety and Communities Committee on May 8, 2023 and was recommended to forward to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving a Memorandum of Understanding (MOU) with Stanislaus County, Stanislaus Consolidated Fire Protection District, the Modesto Fire Department, City of Turlock and the City of Ceres to continue providing County-Wide Fire Investigation Services; and authorizing the City Manager, or his designee, to execute the MOU.
Approved by:
Alan Ernst, Fire Chief
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Memorandum of Understanding
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1 Meeting Date/Dept/Contact/Item # 2023-xxx
MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX
RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING
(MOU) WITH STANISLAUS COUNTY, STANISLAUS CONSOLIDATED FIRE
PROTECTION DISTRICT, THE MODESTO FIRE DEPARTMENT, CITY OF
TURLOCK AND THE CITY OF CERES TO CONTINUE PROVIDING
COUNTY-WIDE FIRE INVESTIGATION SERVICES; AND AUTHORIZING
THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE MOU
WHEREAS, the Regional Fire Investigation Unit (FIU) has been a vital tool in the county for investigation of suspicious and criminal fires and ensuring all laws and best practices are adhered to; and
WHEREAS, on June 12, 2018, by Resolution 2018-221, Council approved the current Memorandum of Understanding (MOU) that exists to support Modesto Fire Department’s (MFD) model of regionalization of service with cooperating surrounding agencies. Since this adoption, MFD has expanded its coverage area by taking on contracts for service with the cities of Salida and Ceres necessitating additional needs to be addressed in this new MOU; and
WHEREAS, the FIU will be comprised of an FIU Supervisor, Criminal Investigator, Sheriff’s Detective, FIU Coordinator (40 hour), and three (3) full-time FIU Duty (Shift) Investigators, and one (1) part time investigator from Turlock; and WHEREAS, the Responsibility for the day-to-day conduct of the FIU operations is vested in the Modesto Fire Department or their designee; and WHEREAS, Per section V. C. 4. of the MOU, the City of Modesto Fire Department will provide resources equal to the Less-Than-County Wide Fire Tax funds contribution to the FIU. These resources to the FIU include associated costs for two Fire Investigator positions, related tools/materials/supplies, use of Station 8 and specific #9..
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2 Meeting Date/Dept/Contact/Item # 2023-xxx
training and equipment for the FIU. The value of the resources contributed to the FIU will be compiled in a semi-annual memo billing along with documentation of the costs provided in support of fire incidents to the County; and WHEREAS, these funds for MFD’s contributions to the FIU are fully budgeted in the current Fiscal Year 2022-23. The fire investigator positions and the operating budget have been entered with the proposed budget which will be adopted in June by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Memorandum of Understanding (MOU) with Stanislaus County, Stanislaus Consolidated Fire Protection District, the Modesto Fire Department, City of Turlock and the City of Ceres to continue providing County-Wide Fire Investigation Services.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the MOU in a form approved by the City Attorney.
The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 23rd day of May 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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3 Meeting Date/Dept/Contact/Item # 2023-xxx
ATTEST: _____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
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Stanislaus Regional
Fire Investigation Unit
(FIU)
A Multi-Jurisdictional, Multi-Discipline, First Responder, Public Safety Program
TBD , 2023
MEMORANDUM OF UNDERSTANDING
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Regional FIU M.O.U. Page 1
Table of Contents
Preamble …………………………………………………………………………………….2
Parties To The Understanding……………..…………………………………………………….2 Article I Overview………………………………………………………………………….2
Article II Mission...………………………………………………………………………….2
Article III Objectives…………………………………………………………………………3
Article IV FIU Organization….………………………………………………………………4
Article V Fiscal Procedures………………………………………………………………….8
Article VI Liability…………………………………………………………………………..11
Article VII Office Space and Equipment……………………..……………………………...12 Article VIII Vehicles…………………………………………………………………………..12
Article IX Arson Task Force……………………………………………………………...…13 Article X Standard Operating Procedures………………………………………………..…14 Article XI Reporting…………………………………………………………………………14
Article XII Amendments to the Agreement or FIU SOP…………………………………….15 Article XIII Term of Agreement………………………………………………………………15 Article XIV Signatures………………………………………………………………………...16
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Regional FIU M.O.U. Page 2
STANISLAUS REGIONAL FIRE INVESTIGATION UNIT
(FIU)
Memorandum of Understanding
PREAMBLE
Partiesto the Understanding:
This Memorandum of Understanding (MOU) is between Stanislaus County, including the Stanislaus Regional Fire Investigation Unit, herein referred to as “FIU”, the Stanislaus County District Attorney’s Office, the Stanislaus County Sheriff’s Office Operations, and Fire Warden’s Divisions, along with the Stanislaus Consolidated Fire Protection District, the Modesto Fire Department, City of Turlock and the City of Ceres, herein referred to as “Member Agencies.” The employees of the member agencies that are assigned to the FIU are herein referred to as “Members”.
By authority of the Stanislaus County Board of Supervisors (BOS) the Stanislaus County Fire Warden, in accordance with the adopted annual Stanislaus County Fire Authority Business Plan, intends to continue its partnership with law enforcement, fire and the DA to continue the operation of the Regional FIU. The purpose of this Memorandum is to identify the process by which the FIU Member Agencies will carry out the fire investigations portion of the adopted annual Stanislaus County Fire Authority Business Plan.
I. OVERVIEW
The Stanislaus Regional Fire Investigation Unit (FIU) was established in Fiscal Year 2015, under the leadership of the Stanislaus County District Attorney’s Office, the County Fire Chiefs via the Stanislaus County Regional Fire Authority, and the County Law Enforcement Executives via the Stanislaus LEX Committee, have developed a regional and collaborative approach to providing fire investigations services in Stanislaus County. The FIU consists of the Stanislaus County District Attorney’s Office, Stanislaus County Sheriff’s Office, Stanislaus Consolidated Fire Protection District, Modesto Fire Department, and the Stanislaus County Fire Wardens Office. These agencies have collaborated to properly investigate the origin and cause of all fires within their jurisdictions and to provide for the effective criminal investigation and prosecution of arson fires.
II. MISSION
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Regional FIU M.O.U. Page 3
The goal of the FIU is the proper investigation of all fires and explosions within the jurisdictions while providing for the effective criminal investigation and prosecution of those incidents that are determined to be criminal acts. This will be accomplished by providing the proper training and leadership to the FIU members so that they can conduct thorough investigations consistent with current national standards, utilizing modern scientific methods to ensure accurate findings and ultimately the speedy apprehension and prosecution of criminals while protecting the rights of the accused.
III. OBJECTIVES
A. Carry out the adopted annual Stanislaus County Fire Authority Business Plan as adopted by the Stanislaus County Board of Supervisors.
B. Properly investigate fires and explosions consistent with the National Fire Protection Association (NFPA) guide 921, thereon referred to as NFPA, Guide for Fire and Explosion Investigations.
C. Provide Investigators who meet or exceed the qualifications specified in NFPA 1033, Standards for Professional Qualifications for Fire Investigators.
D. Ensure that the supervision of the unit is consistent with NFPA 1037, Standard for Professional Qualifications for Fire Marshals (who supervise Fire Investigators).
E. Attempt to decrease the number of arson related fires within Stanislaus County by identifying, arresting, and prosecuting serial arsonists.
F. Gather and analyze statistical data to identify arson trends in Stanislaus County and to deploy FIU resources accordingly with a primary focus on the serial/complex/large financial loss arson incidents.
G. Analyze the statistical data to ensure that the workload between the areas served by the Less Than County Wide Fire Service Tax and those served by the City of Modesto remain fair and equitable.
H. Provide aid to agencies for specific arson related problems within their respective jurisdictions and to provide a high level of investigative knowledge and expertise.
I. Provide training in the area of arson recognition, investigative techniques, evidence collection, and enforcement methods to allied agencies’ personnel.
J. Vigorously prosecute all fire and explosives related crimes as a deterrent for potential arsonists in the future.
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Regional FIU M.O.U. Page 4
IV. FIU ORGANIZATION
The FIU will be a multi-agency, multi-discipline task force involving law enforcement and fire agencies. The FIU will be managed by the Modesto Fire Department , supervised daily by the SCDA, and will be coordinated by the Modesto Fire Department’s assigned 40-hour Fire Investigator, one (2) Criminal Investigators from the Stanislaus County District Attorney’s Office, and one (1) General Crimes Detective from the Stanislaus County Sheriff’s Office.
Full time FIU Fire Investigators will be assigned from the career fire agencies within the county based on training, experience, and agency willingness to participate. The FIU fire agency staffing consists of one (1) Investigator from the Stanislaus Consolidated Fire Protection District (SCFPD), (3) three Investigators from the Modesto Fire Department (MFD), and one part time Turlock Fire Department employee. In addition to the full-time members, the FIU will have one Reserve (1) Investigator from the Stanislaus Consolidated Fire Protection District (SCFPD), and one (1) reserve investigators from the Modesto Fire Department (MFD).
Responsibility for the day-to-day conduct of the FIU operations is vested in the Modesto Fire Department or designee. The FIU will be comprised of an FIU Supervisor, FIU Criminal Investigator, Sheriff’s Detective, FIU Coordinator (40 hour), three (3) FIU Duty (Shift) Investigators, and one (1) part time investigator.
A. FIU Supervisor
1. In recognition that the field of fire investigation is primarily a law enforcement function, the FIU Supervisor will be a Criminal Investigator designated by the Chief Investigator to act as a supervisor in accordance with county policies.
2. The FIU Supervisor will be responsible for the day-to-day operations of the FIU as well as the overall supervision of the FIU members. The FIU Supervisor will provide the direction of the FIU via the FIU Criminal Investigator and the FIU Coordinator. The FIU Supervisor will establish a projected yearly budget for the FIU and provide an accounting of money expenditures to the Sheriff’s County Fire Service Fund/Fire Warden’s Office fund manager which serves as the fiscal agent for the FIU.
3. The FIU Supervisor will conduct the review of all reports generated by FIU members. Compile relevant statistical fire data and conduct monthly reporting to the Stanislaus County Fire Chiefs Association, relevant Law Enforcement partner agencies, and quarterly reporting to the Regional Fire Authority.
4. The FIU Supervisor will serve as the liaison between the FIU and the member’s parent agencies as well as the county Fire Chiefs via the Stanislaus County Fire #9..
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Regional FIU M.O.U. Page 5
Authority and the county Police Chiefs via the Stanislaus Law Enforcement Executives. The FIU Supervisor reports to a Lieutenant at the Stanislaus County District Attorney’s Office, Bureau of Investigation, who then reports directly to the Chief Investigator.
B. FIU Criminal Investigator
1. The FIU Criminal Investigator position will be at the rank of District Attorney’s Office, Bureau of Investigation, Criminal Investigator II, and will be responsible for the day-to-day criminal investigator follow-up generated from fire incidents. The FIU Criminal Investigator will serve as the primary law enforcement Investigator in the FIU and as such will be responsible for the initial criminal investigation of fires determined to be criminal acts and for the triage and assignment of follow up investigation as needed to other FIU member agencies. The FIU Criminal Investigator, at the direction of the FIU Supervisor, will liaison with the other law enforcement investigative units in the county and will coordinate the investigations that cross jurisdictional lines.
2. The FIU Criminal Investigator will work to package and submit criminal cases to the vertically assigned Arson Deputy District Attorney.
C. FIU Sheriff’s Detective
1. The FIU Sheriff’s Detective position will be at the rank of Stanislaus County Sheriff’s Office Detective, collaterally assigned to the FIU in a collateral Arson detective role, from the Stanislaus County Sheriff’s Department, General Crimes Bureau, and will be responsible for the dayto-day detective criminal investigation follow-up generated from fire incidents occurring in the unincorporated and contract city areas within Stanislaus County. The FIU Sheriff’s Detective will serve as a co-primary law enforcement Investigator in the FIU and as such will be responsible for the initial criminal investigation of fires determined to be criminal acts and for the triage and assignment of follow up investigation as needed to other FIU member agencies. The FIU Sheriff’s Detective, at the direction of the FIU Supervisor, will liaison with the other law enforcement investigative units in the county and will coordinate the investigations that cross jurisdictional lines.
D. FIU Coordinator
1. The FIU Coordinator position will be at the rank of Fire Investigator. The FIU Coordinator will work a forty (40) hour week. The coordinator will also #9..
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Regional FIU M.O.U. Page 6
conduct technical and administrative reviews of the FIU reports. The coordinator will assist the FIU Supervisor, and FIU Criminal Investigator, and FIU Sheriff’s Detective in conducting follow up investigation, scheduling training, scheduling a monthly work schedule, acquiring equipment, and assist with maintaining the FIU statistics. The coordinator will assist the FIU Supervisor, FIU Criminal Supervisor Criminal Investigator, and FIU Sheriff’s Detective in making decisions related to fire investigation from a fire agency perspective.
2. The FIU Coordinator will be selected by FIU Supervisor and FIU Criminal Investigator based on qualifications and the needs of the FIU. The coordinator can be rotated among the FIU members at the discretion of the FIU Supervisor; however, the position will normally be staffed for a minimum of 3-5 year rotation.
E. FIU Duty (Shift) Investigators
1. The FIU Duty (Shift) Investigator’s position will be at the rank of Fire Investigator. The Duty Investigators will be assigned to A, B, or C shift and will work a 48 hour on, 96-hour off schedule. The Duty Investigator is responsible for the 24-hour monitoring of active fire responses within the Regional FIU area of operation. The FIU Duty Investigators will respond to, conduct, and properly document the origin and cause investigation for fire incidents consistent with the Standard Operating Procedures (SOP’s) for the FIU.
2. The FIU Duty Investigators will report directly to the FIU Supervisor and in his absence to the FIU Coordinator or District Attorney’s Office FIU Criminal Investigator. This will ensure the investigations are conducted in an appropriate manner consistent with NFPA 921.
3. One part time investigator is assigned to the FIU; this position is currently held by a Turlock City Fire Department employee. The part time FIU position will report directly to the FIU Supervisor or in his absence, the FIU Coordinator.
F. Seniority within the FIU
1. It is understood that members assigned to the FIU will have seniority within their own agency. That seniority and the benefits associated with it within their parent agency as dictated by their own collective bargaining MOU and agency policies will not be affected by assignment to the FIU. That agency seniority, however, will not carry over to the FIU. The seniority of members assigned to multi-agency units is normally determined by the date one begins service in the unit.
2. In recognition of seniority, for purposes of shift assignment, time off, vehicle/equipment assignment, training opportunities, or any other purpose #9..
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Regional FIU M.O.U. Page 7
traditionally handled by seniority, the members of the FIU will either come to mutual agreement or the decision will be made by the FIU Supervisor and FIU Coordinator.
G. Selection
1. The FIU will be staffed by qualified members referred by the participating agencies. Due to the critical nature of the program and the stringent training requirements for Fire Investigators as established by NFPA 1033, Standard for Professional Qualifications for Fire Investigators, the final decision on which members will be assigned to the FIU will be with the District Attorney’s Office.
This will be based on training and qualifications, past job performance, investigative aptitude, willingness to learn, and ability to work well with others in a task force type assignment. Assignment to the FIU should normally be for a minimum of 3-5 years, or as specified in each job classification MOU, and may be extended upon mutual agreement.
H. Certification
1. It is recognized that the science used in fire investigation has changed tremendously in the past decade and will continue to evolve as the science improves. It is the intention of the Regional FIU to have highly trained and independently certified Investigators conducting fire investigations for the purpose of finding the truth, not simply to seek arrests and prosecutions. To that end, the FIU Investigators will be encouraged to seek independent and tested certification through one of the professional fire investigation organizations to include but not be limited to; The International Association of Arson Investigators (IAAI), the National Association of Fire Investigators (NAFI), or the California Conference of Arson Investigators (CCAI). The advanced certification should include but are not limited to IAAI-ECT (Evidence Collection Technician), IAA-FIT (Fire Investigation Technician), and IAAICFI (Certified Fire Investigator).
I. Discipline
1. Members assigned to the FIU but not meeting an acceptable level of performance or standards or refusing to comply with the FIU standard operating procedures, may be removed from the FIU and transferred back to their parent agency. If the FIU Supervisor has cause to remove an FIU member, he will discuss the issue with the parent agency. If the parent agency disagrees with the determination, the matter will be referred to the District Attorney who will confer with the parent agency executive but will retain the final authority. It is agreed that the resolution of operational issues at the lowest level is in the best interest of the FIU.
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2. In all cases where a violation of a policy or procedure is alleged, and formal discipline is being considered, the internal investigation and imposition of discipline (if any) will be handled by the FIU member’s parent agency. If the allegation involves a matter that is best investigated by a law enforcement agency or is determined to be law enforcement related, (i.e., excessive use of force, improper search and seizure, or similar), then the parent agency can request that the District Attorney’s Office conduct the investigation via the District Attorney’s Lieutenant, FIU Supervisor, and FIU Coordinator.
3. Any internal investigation would be conducted in accordance with the Firefighter Bill of Rights as specified in 3250-3262 of the California Government Code, and/or the Peace Officer Bill of Rights as specified in 3300- 3312 of the California Government Code. Upon completion of the internal investigation a recommendation would be forwarded to the parent agency which has sole discretion over whether a violation is sustained and whether to impose discipline. In any case, the District Attorney’s Office retains the right to transfer a member back to their parent agency as previously specified.
V. FISCAL PROCEDURES
A. Background of Fiscal Model
1. The FIU is a multi-jurisdictional team formed to improve fire investigations in Stanislaus County, leveraging financial support/contributions from all participating agencies.
2. Member agencies will provide staff and funding to support the model, remain responsible for their own home-agency funding requirements, and report financial/statistical data as needed for FIU accounting & budget performance analysis.
3. The Member Agencies accounting, and budget operations must provide for documentation of resources dedicated to the FIU for compliance with funding requirements of the Less-Than-Countywide Fire Tax (LTCW) funds, and upon request, be available for audit purposes.
B. Accounting & Budget Roles
1. Program Administration & Operations Management – The Modesto Fire Department will be the Lead Agency for FIU oversight and operations; this is the primary business contact for the FIU. Key functions include: review and verify member agency resource contributions to the FIU on a semi-annual basis; approve billings for payment by the Stanislaus Fire Warden, certifying resources provided to the FIU meet the requirements specific to the LTCW Fire Tax funding; compile and produce data/statistics related to FIU performance, including monthly/quarterly/annual fire incidents as outlined in the MOU and #9..
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consistent with the adopted annual Stanislaus County Fire Authority Business Plan.
2. Fiscal Agent – The Stanislaus County Sheriff’s Office, Fire Warden Division will be the primary County Budget Entity. Key functions include: (1) receiving semi-annual billing statements and reports approved and certified by the DA’s office for reimbursement to participating member agencies; (2) if the conditions set forth in this Agreement are met, issuing payments to member agencies within 30 days of receipt of the approved/audited invoice from the DA’s office and consistent with MOU requirements; (3) if the conditions are not met, payment will be made when the necessary processing is completed; and (4) compiling annual reconciliation of total FIU costs, total fire incidents from the prior fiscal year, and documentation of compliance with requirements of the Less-Than-Countywide Fire Tax funding. The Fiscal Agent will not pay for unauthorized costs or services rendered by member agencies.
3. Fire Investigations Unit Member Agencies – City of Modesto Fire Department, Stanislaus Consolidated Fire Protection District, Stanislaus County District Attorney, Stanislaus County Sheriff’s Office, and Stanislaus County Fire Warden, and the Turlock City Fire Department will participate in the FIU per the MOU. Each member agency desiring assigned agency personnel reimbursement will prepare semi-annual billing statements/memo billing of resources contributed to the FIU and deliver documents to the Modesto Fire Department no later than the 5th of the month in January and July for submission to the Stanislaus Fire Warden by the 10th of each month following the end of the six-month period (January and July) as outlined above. Each member agency will provide certification of costs with back-up documentation for billing statements or in the case of memo billing, a certification statement to maintain records available for audit for five years from the end of each accounting period. Member agencies agree to share data/statistics budget information and actual costs as needed for FIU billing, reporting, audit and in support of government accounting standards, including requirements of the Less-Than-Countywide Fire Tax funding.
C. Accounting & Budget Model Requirements
1. Approximately half of the fire investigations that occur each year are in the City of Modesto, with the remaining half in the LTCW Fire jurisdiction. For simplicity, the Accounting & Budget Model will require reporting of all documented investigations to determine origin and cause, direct costs to the FIU Fiscal Agent for comparison and evaluation at year-end, to ensure that the total cost of all resources which could be attributed to the LTCW service area are equal to or greater than the percentage of incidents which occur in the LTCW jurisdiction on an annual basis.
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2. While staff in the FIU will be assigned from agencies throughout the County, the combination of incidents and the full reporting of all entity’s costs associated with FIU, but not reimbursed by LTCW funds will likely “over-match” the LTCW funding at year-end.
3. LTCW funded member agencies accounting requirements include:
a. Semi-Annual invoice, with documentation/supporting records for actual personnel costs, along with direct charges for tools/materials/supplies.
An indirect cost rate/administrative overhead, not to exceed 10% of direct salaries and benefits may also be applied.
b. It is anticipated that the DA will have significant “in-kind” memo billings associated with dedicated investigations staff, supervision, management, and administrative costs.
c. All member agencies will bear the costs of overtime as “in-kind” support to the FIU unless funding is approved in the adopted annual Stanislaus County Fire Authority Business Plan.
4. In addition to the resources dedicated by the LTCW services/funds, the City of Modesto Fire Department will provide resources equal to the LTCW contribution to FIU. These resources to the FIU include associated costs for two Fire Investigator positions, related training/equipment/materials/supplies and the use of Modesto Fire Station 8. The value of the resources contributed to the FIU will be compiled in a semi-annual memo billing along with documentation of the costs provided in support of fire incidents in the County.
5. The DA will provide reporting of FIU performance to all member agencies, including incidents on a monthly/quarterly/annual basis as described in this MOU, and consistent with the adopted annual Stanislaus County Fire Authority Business Plan.
6. All member agencies understand and agree that the County shall not be obligated to make any payment hereunder except out of revenue from the LTCW Fire Tax. The County will not provide any additional compensation, nor will the member agencies be asked to provide any additional funding beyond the agreed upon staff/direct support specified in this MOU.
7. Member agencies shall prepare and maintain all writings, documents and records prepared or compiled in connection with the performance of this agreement for a minimum of five (5) years from the termination or completion of this agreement.
8. The Stanislaus County Sheriff’s Office, Fire Warden Division as the FIU Fiscal Agent, will store and maintain all fiscal records in accordance with Stanislaus #9..
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County Records Retention policies and the Governmental Accounting Standards Board (GASB). The fiscal records may be accessed by any authorized representative of the Member Agencies, with reasonable advance notice, for the purpose of audit, evaluation, or examination.
9. In the event of an audit exception or exceptions, the member agency responsible for not meeting the program or funding requirement or requirements shall be responsible for the deficiency.
D. Year-End Analysis & FIU Performance Outcome
1. The Fiscal Agent will provide an annual reconciliation of total costs per fiscal year, and member agency’s resource contributions along with all incidents in the County.
2. It is anticipated that the incidents, from the prior fiscal year, in the LTCW jurisdiction will be equal to or less than the ratio of LTCW funds used in support of the total FIU.
3. It is anticipated that consistency of high-quality fire investigations and this shared model of leveraging member agency financial contributions will be costeffective and assist in future analysis of sustainable operations.
VI. LIABILITY
A. Each member agency shall be solely liable for the negligent or wrongful acts or omissions of its officers, representatives and employees occurring in the performance of this Memorandum. If any member agency becomes liable for damages caused by a member’s solely negligent or wrongful acts or omission, the negligent member agency shall pay such damages without contribution by the Regional FIU or by a party to this agreement.
B. In the event the Regional FIU is named as a defendant in an action and the member agency whose officers or employees are alleged to have committed the negligent or wrongful act is not so named, or if the identity of the officers or employees who are alleged to be at fault cannot be determined by the pleadings, the County of Stanislaus shall initiate the defense of the action of the Regional FIU. In every case, a member agency not named as a defendant in an action shall promptly take action to intervene in a pending action when it is or becomes apparent that one of its officers or employees is alleged to be at fault; provided, however, that failure of a member agency to become a defendant shall not relieve the member agency of its obligation to indemnify another member agency as provided herein.
C. Personnel assigned to the Regional FIU shall be deemed to be continuing under the employment of their respective jurisdictions and shall have the same powers, duties, #9..
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privileges, responsibilities, and immunities as are conferred upon them as a peace officer and/or fire investigator in their own jurisdictions.
D. Each member agency shall be responsible for the acts of their respective members, as well as for any losses, damages, claims, demands, vehicle accidents, or other liabilities arising out of that member’s services and activities while participating in the Regional FIU. When a member drives a vehicle owned by another agency, the driver’s agency assumes all liability associated with the operation of such vehicle, except for the vehicle’s mechanical condition. Each member agency shall also be liable for all workers compensation benefits for their personnel injured in the course and scope of duty while assigned to the Regional FIU.
VII. OFFICE SPACE AND EQUIPMENT
A. The Modesto Fire Department has agreed to provide, without reimbursement, ongoing workspace for the Regional FIU at Modesto Fire Station 8 (“Station 8”), located at 737 Airport Way in Modesto, CA. If this office space becomes unavailable or the needs of the Regional FIU change, other locations may be considered. The member agencies shall provide office furniture and supplies.
Telephones and miscellaneous office equipment are currently in place and the Modesto Fire Department has authorized its use by the FIU without reimbursement.
B. The FIU agrees to maintain the Station 8 grounds. The FIU agrees to pay for all internet technology access and cyberspace business associated costs. It is recognized that the City of Modesto, Stanislaus County Sheriff and Stanislaus County District Attorney’s Office IT will maintain network access and capabilities within Station 8 for their respective member personnel’s access. The Modesto Fire Department agrees to continue to maintain the facility itself and pay for electricity, water, and sewer utility costs.
C. In the event funds or property are contributed to the Regional FIU by one or more of the parties or by an outside source or donation, the Regional FIU shall be strictly accountable for all such funds and property.
D. Disposition of Assets on Termination
1. At the termination of this Memorandum, all personal property which can be identified as having been contributed by a member agency shall be returned to that member agency. Property purchased from Regional FIU funds, contributed by the agency members, or funds granted by a non-party, and property given to the Regional FIU by a non-party, shall become the property of Stanislaus County or their designee. Supplies/assets purchased with LTCW funds, not fully utilized during this agreement will remain the property of Stanislaus County and will be dedicated for use in Fire Investigations and/or other programs/services approved for LTCW funds as administered by the Stanislaus County Sheriff’s Office, Fire Warden Division. #9..
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VIII. VEHICLES
A. FIU Members will provide a vehicle from their parent member agency for their use.
This vehicle may be a take home vehicle as the investigators may be required to respond to fires while off duty. This agreement does not supersede any member agency policy or procedure related to take home vehicles. The member agency providing the vehicle for FIU use will be responsible for fuel and the continued maintenance of the vehicle. It is recognized that in certain hardship & exceptional circumstances the FIU will provide a pool vehicle from its maintained fleet to assigned personnel for duty purposes.
B. It is recognized that as a multi-agency unit, individual members may need to operate vehicles belonging to the other member’s agencies. Regardless of specific policies prohibiting non-employees from operating agency vehicles, it is agreed that Regional FIU members are authorized to operate other members’ agency vehicles to carry out the assignment of the FIU. As described in “Liability”, each member’s agency accepts liability for their member while driving a motor vehicle regardless of owner, except in the case of mechanical defect.
C. The Stanislaus County District Attorney’s Office has contributed three vehicles to the FIU (County ID 08-99, 11-34, and 15-78). The Stanislaus County Regional Fire Authority has contributed a dedicated FIU response truck (County ID 21-02) for larger incidents. It is agreed that any member of the FIU can drive these vehicles to accomplish the mission of the FIU. It is agreed that all Stanislaus County District Attorney’s Office policies and procedures related to vehicle use will be followed by any FIU members operating county vehicles.
D. It is recognized that responses to most fire incidents occur in a Code 3 (Lights and Siren) manner. Regional FIU members shall abide by their departments’ Code 3 policy and the California Vehicle Code when operating in this manner.
E. Pursuits involving unmarked vehicles shall be strongly discouraged. However, when Regional FIU members become involved in a pursuit, they shall abide by their departments’ pursuit policy established by their respective agency. If a member agency does not have a pursuit policy, they will default to the Stanislaus County District Attorney’s Office policy governing pursuits.
IX. ARSON TASK FORCE
A. The Stanislaus County Arson Task Force was established in 1981 in order to create a system of mutual aid for the suppression of arson fires and apprehension of arsonists. Pursuant to Stanislaus County Board of Supervisors Resolution 2000-360, the task force was reorganized in 2000 with a Joint Powers Agreement addressing the operation and goals of the task force.
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B. In 2006 after the loss of many of the arson task force members through attrition, the City of Modesto was awarded a contract to provide fire investigation services throughout the county under resolution 2006-751. This contract essentially nullified the need for the arson task force; however, no action was ever taken to disband the task force, or its authority and the task force went inactive.
C. In 2011, the Stanislaus County District Attorney, who serves as the chairperson of the arson task force governing committee, reinstituted the arson task force for purposes of training and collaboration with the Fire Investigators in the county. A Stanislaus County District Attorney, Bureau of Investigation Lieutenant, who was also a Certified Fire and Explosives Investigator, was assigned as the coordinator of the arson task force to provide that training and collaboration. Currently, the task force members currently meet regularly as part of the Regional FIU.
D. It is the intention of the District Attorney to continue to use the Regional FIU as the vehicle to provide the training and collaboration formerly provided by the Stanislaus County Arson Task Force.
E. All fire and law enforcement agencies within Stanislaus County are encouraged to participate in the Regional FIU instead of the Arson Task Force. It is the intention of the regional FIU that the future full time, FIU Fire Investigators will come from the part time members who will be referred to as “Reserve” Investigators. These Investigators can also, upon certification, be available for filling overtime shifts created when full time, FIU investigators take approved time off of work. The level of certification necessary to be eligible to fill overtime shifts, and whether a Reserve Investigator meets that level of certification, will be determined by the FIU Supervisor.
X. STANDARD OPERATING PROCEDURES
The member agencies agree to develop standard operating procedures (SOP’s) which will be disseminated to all members. The SOP’s will include Reporting, Records Retention and Release requirements, which will be mutually agreed to by all member agencies. In any case where the SOP’s of the Regional FIU conflict with the policies or procedures of a member’s employing agency, the member shall abide by the directives of his or her own agency.
XI. REPORTING
The Regional FIU Supervisor will be responsible for implementing a reporting system for tracking FIU activity and resource utilization. This reporting system will serve as the basis for quarterly reports to the Fiscal Agent and Stanislaus County Fire Warden to ensure #9..
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accountability of personnel and resources. The quarterly report will be filed with, fire incident data, semi-annual invoices, and in accordance with the adopted annual Stanislaus County Fire Authority Business Plan.
No later than the 15th of each month, the Regional FIU Supervisor will submit an electronic activity report to each Fire agency having jurisdiction as well as the Stanislaus County Fire Warden’s office providing status updates on all open and fiscal year-to-date investigations in their jurisdiction. This report will be provided prior to the following month’s Stanislaus County Fire Chiefs’ Association (SCFCA) meeting.
A. Report Review
1. In coordination with the San Joaquin County FIU, the Stanislaus Regional FIU has agreed to share resources as necessary for the effective investigation of fires and review of reports as required in NFPA 921. To that end, the Coordinator for the San Joaquin County FIU, or his approved designee, may be tasked with conducting administrative, technical, and peer reviews of Stanislaus Regional FIU reports, and in turn the Stanislaus Regional FIU Supervisor and Coordinator may review San Joaquin FIU reports.
XII. AMENDMENTS TO THE AGREEMENT OR FIU SOP’s
The member agencies agree that the Regional FIU will develop and implement standard operating procedures (SOP’s). As issues develop, new policies and procedures may need to be developed to address them. The member agencies agree to remain in communication regarding these changes and meet as necessary to confer prior to implementation.
XIII. TERM OF AGREEMENT
The term of this agreement is from May 23, 2023, and as consistent with an evergreen clause, will be agreed upon as ongoing unless renegotiated, announced agency withdrawal or removal, or significant changes are identified by the participating agencies.
The financial aspects of the agreement shall continue to be determined every year as part of the adopted annual Stanislaus County Fire Authority Business Plan.
Participating agencies may elect to leave the Regional FIU agreement at any time. Any agency wishing to do so shall indicate such intention in writing to the Stanislaus County District Attorney’s Office and the Stanislaus County Fire Warden’s Office. The termination of such membership shall be deemed to take effect not less than 180 days after receipt of the written notice or upon a date established by mutual agreement. #9..
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XIV. SIGNATURES
The undersigned represent authority to execute this agreement on behalf of their respective agencies; and in signing this formal agreement, represent concurrence with and support of the Stanislaus County Regional FIU as set forth in this agreement and for the period and purposes as stated herein.
________________________ ________________________
Jody Hayes, Chief Executive Officer Joe Lopez, City Manager Stanislaus County City of Modesto
________________________ ________________________
Jeff Dirkse, Sheriff Alan Ernst, Fire Chief
Stanislaus County City of Modesto
________________________ ________________________
Jeff Laugero, District Attorney Jose Sanchez, City Attorney Stanislaus County City of Modesto (as to form)
________________________ ________________________
Thomas E. Boze, Assistant County Counsel Greg Bernardi, President Stanislaus County (as to form) Stanislaus Consolidated Fire Prot.Dist ________________________ ________________________
Tim Tietjen, Fire Chief Christopher Diaz, Counsel
Stanislaus Consolidated Fire Prot. Dist. Stanislaus Consolidated Fire Prot. Dist ________________________
Richard Murdock, Fire Warden
Stanislaus County
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 23, 2023
Date: May 9, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods Department SUBJECT: First Amendment to the Agreement with O’Dell Engineering, Inc. for the TRRP Non-Motorized Boat Launch and River Access Facility Project located at Neece Drive
CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:
Consider approving a First Amendment to the Agreement with O’Dell Engineering, Inc. for additional tasks related to Permitting and Construction Support for the Tuolumne River Regional Park (TRRP) Non-Motorized Boat Launch and River Access Facility Project located at Neece Drive, for a new amount not to exceed $159,731. (Funding Source: Non-Motorized Boating Facilities Grant Program Funds and TRRP CIP Fund)
STRATEGIC PLAN ELEMENT:
This item is consistent with the following 2020-2025 Strategic Plan Areas of Focus: Quality of Life and Governance and Service Delivery.
BACKGROUND:
The City and TRRP want to encourage safe recreational use of the Tuolumne River by local residents as well as establish an in-demand tourism destination. The removal of the remnant Dennett Dam in summer 2018 provided an opportunity to construct a Tuolumne River boating access facility which will offer regional residents water-based recreational programming, including canoe, kayak and rafting services; and improved emergency river access.
The Neece Drive construction site is identified in the TRRP Master Plan for a Boat Launch and the site’s topography, ease of highway access, river programming opportunities and availability of City-owned land presents favorable conditions for this site.
On March 13, 2018, by Resolution No. 2018-125 Council accepted $780,000 in grant funds from the California Division of Boating and Waterways (DBW) Recreational Boating and Facilities with Public Access Grant Program to design and construct a public access non-motorized boat launch and river access facility on the Tuolumne River. #10..
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City Council, May 23, 2023
First Amendment to the Agreement with O’Dell Engineering, Inc. for TRRP Non-Motorized Boat Launch and River Access Facility Project located at Neece Drive
On February 26, 2019, by Resolution No. 2019-82, Council approved an Agreement with O’Dell Engineering Inc, for the preparation of construction documentation for the project.
DISCUSSION:
There have been unanticipated time delays, related to permitting agency requests for information and design changes, and multiple changes in permitting agency staffing. Because of these unanticipated delays, an amendment to the Agreement with O’Dell Engineering is required to compensate O’Dell Engineering to continue permitting support needed to obtain final permits, and to provide construction administration support.
The original Agreement amount with O’Dell Engineering is $131,574. Since the start of design in early 2019 there have been three additional services requests that were approved by the Department Director, as allowed in the Agreement, in an amount of $13,157. Following is a summary of the three additional services requests already approved:
1. Hydraulic Analysis Scour Report for Recommendations related to Rip Rap Protection for the Boat Launch - $4,000
2. Additional Permitting Support required by Army Corps - $8,656
3. Permitting Review, Response & Analysis for National Marine Fisheries - $501 On April 3, 2023, at the City’s request, O’Dell Engineering submitted to the City a budget augmentation for additional tasks in excess of the $144,731 authorized in the Original Agreement. The estimated additional tasks result in increased costs, totaling $15,000, to the following:
1. Additional Permitting Review, Response & Analysis required by National Marine Fisheries (NMFS) to obtain a permit for construction
2. Continued Permitting Support beyond was what anticipated in the original Agreement
3. Additional Construction Administration Support
Staff reviewed the proposal and recommend approving a First Amendment to the Agreement with O’Dell Engineering, Inc. If approved, staff expects final permitting to be completed and construction to begin by late summer 2023
FISCAL IMPACT:
Funding for the First Amendment is budgeted in CIP Project 101071 – TRRP Neece Drive Boat Launch located in the TRRP Special Revenue Fund - CIP (6710).
ANTICIPATED AGREEMENT EXPENDITURES
Design Agreement – O’Dell Engineering, Inc. $ 131,574
10% Additional Services (already expended)
Proposed First Amendment to Agreement
$ 13,157
$ 15,000
TOTAL $ 159,731
COMMITTEE RECOMMENDATION:
This item was reviewed by the Safety and Communities Committee on May 8, 2023, and the Committee recommended forwarding the item to Council for approval.
CEQA/NEPA REQUIREMENTS:
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City Council, May 23, 2023
First Amendment to the Agreement with O’Dell Engineering, Inc. for TRRP Non-Motorized Boat Launch and River Access Facility Project located at Neece Drive
The TRRP Non-Motorized Boat Launch and River Access Facility Project is identified and included in the TRRP Master Plan, Environmental Impact Report (EIR) adopted in 2007. Staff has prepared an Initial Study, Environmental Checklist No. EA 2018-005, which concludes that the project is within the scope of the General Plan Master EIR (SCH No. 2007072023) and the TRRP Masterplan EIR (SCH No. 2000022028), and that pursuant to Section 21157.1(b) of the CEQA Guidelines, no new environmental review is required.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving a First Amendment to the Agreement with O’Dell Engineering, Inc. for additional tasks related to Permitting and Construction Support for the Tuolumne River Regional Park (TRRP) Non-Motorized Boat Launch and River Access Facility Project located at Neece Drive, increasing the Agreement amount by $15,000 from $144,731 to a new total amount not to exceed $159,731 and authorizing the City Manager, or his designee, to execute the Amendment.
Approved by:
Laurie A. Smith, Director of Parks, Recreation and
Neighborhoods Department
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. First Amendment to Agreement with O’Dell Engineering
3. Exhibits A&B
4. Original Agreement with O’Dell Engineering
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05/23/2023/PRN/NHoux/Item XX 1 2023-XXX
MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH O’DELL ENGINEERING, INC. FOR ADDITIONAL TASKS RELATED TO
PERMITTING AND CONSTRUCTION SUPPORT FOR THE TUOLUMNE RIVER
REGIONAL PARK (TRRP) NON-MOTORIZED BOAT LAUNCH AND RIVER
ACCESS FACILITY PROJECT LOCATED AT NEECE DRIVE, INCREASING THE AGREEMENT AMOUNT BY $15,000 FROM $144,731 TO A NEW TOTAL AMOUNT NOT TO EXCEED $159,731 AND AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO EXECUTE THE AMENDMENT
WHEREAS, on March 13, 2018, by Resolution No. 2018-125 Council accepted $780,000 in grant funds from the California Division of Boating and Waterways (DBW) Recreational Boating and Facilities with Public Access Grant Program to design and construct a public access non-motorized boat launch and river access facility on the Tuolumne River, and WHEREAS, on February 26, 2019, by Resolution No. 2019-82, Council approved an Agreement with O’Dell Engineering Inc, for the preparation of construction documentation for the Tuolumne River Regional Park (TRRP) Non-Motorized Boat Launch and River Access Facility Project located at Neece Drive, and
WHEREAS, there have been unanticipated time delays, related to permitting agency requests for information and design changes, and multiple changes in permitting agency staffing, and
WHEREAS, due to these unanticipated delays, an amendment to the Agreement with O’Dell Engineering is required to compensate O’Dell Engineering to continue permitting support needed to obtain final permits, and to provide construction administration support, and WHEREAS, on April 3, 2023, at the City’s request, O’Dell Engineering submitted to the City a budget augmentation for additional tasks for an estimated increased cost totaling $15,000, to the following:
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05/23/2023/PRN/NHoux/Item XX 2 2023-XX
1. Additional Permitting Review, Response & Analysis required by National Marine Fisheries (NMFS) to obtain a permit for construction
2. Continued Permitting Support beyond was what anticipated in the original Agreement
3. Additional Construction Administration Support
NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves a First Amendment to the Agreement with O’Dell Engineering, Inc., for additional tasks related to permitting and construction support for the Tuolumne River Regional Park (TRRP) Non-Motorized Boat Launch and River Access Facility Project located at Neece Drive, increasing the agreement amount by $15,000 from $144,731 to a new total amount not to exceed $159,731.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to execute the First Amendment to the Agreement, in a form approved by the City Attorney.
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05/23/2023/PRN/NHoux/Item XX 3 2023-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 23rd day of May, 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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FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES WITH O’DELL ENGINEERING, INC. FOR THE TUOLUMNE RIVER REGIONAL PARK NON-MOTORIZED
BOAT LAUNCH AND RIVER ACCESS FACILITY DESIGN
This First Amendment to Agreement for Consultant Services (“First Amendment”) is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and O’DELL ENGINEERING, INC., a California Corporation (“Consultant”) entered into by the parties on the 26th day of February 2019, hereinafter referred to as the “Original Agreement”.
RECITALS
This First Amendment to Agreement for Consultant Services is made with regard to the following recitals:
A. The Original Agreement between City and Consultant was approved via Council Resolution No. 2019-82.
B. Paragraph no. 9 “AMENDMENTS” on page 7 of the Original Agreement for Design Services states “that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work”.
C. Paragraph no. 3 “COMPENSATION” on pages 2-4 of the Original Agreement for Consultant Services specifies the sum of ONE HUNDRED THIRTY ONE THOUSAND, FIVE HUNDRED SEVENTY FOUR AND 00/100 DOLLARS ($131,574) as the total compensation Consultant agrees to accept for performing all services and furnishing all staffing and materials for the project as well as performance by Consultant of all of its duties and #10..
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obligations required in the Original Agreement. Additional Services may be authorized by the Department Director in an amount up to, but not to exceed, THIRTEEN THOUSAND, ONE HUNDRED FIFTY SEVEN AND 00/100 DOLLARS ($13,157). In that event, the new total compensation shall not exceed ONE HUNDRED FORTY FOUR THOUSAND, SEVEN HUNDRED THIRTY ONE AND 00/100 DOLLARS ($144,731).
D. On or about April 3, 2023, at the City’s request, Consultant submitted to City a budget augmentation for additional tasks in excess of the $144,731 authorized in the Original Agreement, attached hereto as Exhibit “A-1” to this First Amendment to Agreement.
E. The estimated additional tasks result in increased costs as follows:
1. Permitting Review, Response & Analysis required by National Marine Fisheries (NMFS) to obtain a permit for construction: $5,000
2. Continued Permitting Support beyond was what anticipated in the original agreement: $6,500
3. Additional Construction Administration Support: $3,500 F. The aforementioned estimated additional tasks increase the amount of the Original Agreement by FIFTEEN THOUSAND AND 00/100 DOLLARS ($15,000). The amounts listed above are the estimated level of effort for each task. In no case shall the total fee exceed the total contract amount under the Original Agreement and this First Amendment to Agreement without memorializing an additional written amendment to the original contract and must be signed by both parties.
G. The parties to the Original Agreement and to this First Amendment to Agreement now understand and agree that it is necessary to modify paragraph no. 1 entitled “SCOPE OF SERVICES” on page 1 of the Original Agreement. #10..
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H. The parties to the Original Agreement and to this First Amendment to Agreement now understand and agree it is necessary to modify paragraph no. 3 entitled “COMPENSATION” on pages 2-4 of the Original Agreement.
I. The parties to the Original Agreement and to this First Amendment to Agreement further understand and agree the Original Agreement is modified solely by the modifications contained in this First Amendment to Agreement and in no other way whatsoever.
All other terms and conditions contained in the Original Agreement remain the same.
NOW, THEREFORE, in consideration of this First Amendment to Agreement, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Consultant Services and this First Amendment to Agreement, the parties agree as follows:
1. The parties agree that each of the recitals set out above is factually true and correct.
2. Paragraph 1 entitled “SCOPE OF SERVICES” on page 1 of the Original Agreement shall be deleted in its entirety and the parties agree to and hereby do substitute the following in its place:
SCOPE OF SERVICES.
Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the Original Agreement and referred to therein as Exhibit “A” or “Project”. In addition, Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the First Amendment to Agreement and referred to herein as Exhibit “A-1”.
The Consultant shall perform the services as described in the #10..
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aforementioned Exhibit “A” and Exhibit “A-1” in a manner compatible with the standards of its profession and shall produce a complete project as described in Exhibit “A” and Exhibit “A-1” that is acceptable to City.
3. Paragraph no. 3 entitled “COMPENSATION” on pages 2-4 of the Original Agreement between the parties shall be deleted in its entirety and the parties agree to and hereby do substitute the following in its place:
COMPENSATION.
Consultant agrees to accept a sum not to exceed ONE HUNDRED
FIFTY NINE THOUSAND, SEVEN HUNDRED THIRTY ONE
AND 00/100 DOLLARS ($159,731) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit “A” to the Original Agreement and in Exhibit “A-1” to this First Amendment to Agreement attached hereto as well as for performance by Consultant of all of its duties and obligations under the Original Agreement and the First Amendment to Agreement.
The compensation shall be paid pursuant to and in the manner and at the times set forth below:
City shall pay Consultant on a time and materials basis for Consultant's actual costs for all work called for in Exhibit "A" to the Original Agreement and Exhibit “A-1” of this First Amendment to Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit "B-1" of this First Amendment to Agreement. Consultant shall submit monthly invoices to City which #10..
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include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project.
No retainage will be withheld by City from progress payments due the Consultant. Retainage by the Consultant or subconsultants is prohibited, and no retainage will be held by the Consultant from progress due subconsultants. Any violation of this provision shall subject the violating Consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the Consultant or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE Consultants and subconsultants.
4. Except as herein amended or modified, the provisions of the Original Agreement are expressly reaffirmed and remain in full force and effect to the extent they are not in conflict with this First Amendment. #10..
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IN WITNESS WHEREOF, CITY OF MODESTO, a municipal corporation, has authorized the execution of this First Amendment to Original Agreement for Consultant Services in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. , adopted by the Council of the City of Modesto on the ___ day of ___________, 2023, and O’DELL ENGINEERING, INC., has caused this Agreement to be duly executed as of the Effective date.
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CONTRACT CHANGE ORDER
m:\_finance\36110 trrp neece drive boat launch pw\extra work\supportfiles\cco 004\cco 004 - 2023-04-03 -trrp neece drive boat launch-36110.docx
CHANGE ORDER
O’Dell Engineering
p:209.571.1765
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com Contract Change Order Number: 004
Original Contract Date: February 26, 2019
Client: City of Modesto
Nathan Houx, Jason Ortega
Project Number: 36110
Project Name: TRRP Neece Drive Boat Launch
Date/Time: April 03, 2023
Description of Change:
Due to unanticipated time delays, number of information and design requests from governing agencies, and changes in agency staffing, O’Dell Engineering respectfully requests additional compensation to continue permitting support for the remaining environmental permit coordination needed to obtain final permits, and to provide construction administration support. The original contract bidding and construction support phase budget is no longer adequate. Please see task descriptions in the scope below for anticipated additional efforts to support the City in completion of this project.
Task 1: Permitting Review, Response & Analysis
O’Dell Engineering and FlowWest will review and respond to additional comments provided by NMFS in the form of an electronic submittal shared with O’Dell and FlowWest on 03/07/2023. We assume the following approach to respond to NMFS comment items 3 and 4 below.
1. A description of avoidance and minimization measures to reduce impacts to listed species and critical habitat. Timing of the project was included in both technical memos as an avoidance and minimization measure. Other measures may include, spill prevention plans, biological monitors, exclusion screens on intake pumps, reducing the amount of trees being removed, etc.
We will include a description of avoidance and minimization measures.
2. Mitigation for projects affecting ESA listed species or critical habitat is on a scale of 3:1 (mitigation: project impacts).
This is in regards to any form of mitigation including replanting trees, habitat created to offset project impacts, and credits purchased.
We will update the mitigation discussion on the scale of 3:1.
Task Cost: $5,000
Assumes one (1) follow-up meeting with City of Modesto by both O’Dell Engineering & FlowWest regarding NMFS comments listed above. Meeting date: TBD.
DELIVERABLES:
One PDF updated biological assessment/ initiation package to address comments above, and one PDF comment response letter to address all four (4) comments above.
Task 2: Continued Permitting Support
O’Dell Engineering and FlowWest will provide continued permitting support to the City to aid in securing the remaining environmental permits needed for this project. Continued support items are expected to include permitting agency #10..
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m:\_finance\36110 trrp neece drive boat launch pw\extra work\supportfiles\cco 004\cco 004 - 2023-04-03 -trrp neece drive boat launch-36110.docx
CHANGE ORDER
O’Dell Engineering
p:209.571.1765
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com responses in the form of response to comment letters, updates to permitting documents and meetings with the City and permitting agencies when requested.
Task Cost: $6,500
Task 3: Additional Construction Administration Support
O’Dell Engineering will assist City staff with the following construction administration items expected:
1. Review of shop drawings and submittals as necessary.
2. Review and preparation of request for information (RFI) and change orders.
3. Up to two (2) site visits to review construction progress and prepare site observation reports.
4. Conduct final punch walk on site and prepare punch walk memorandum.
DELIVERABLES:
PDF responses to submittals/RFIs and observation reports Task Cost: $3,500
All other conditions remain per the original contract.
IMPACT ON SCHEDULE: IMPACT ON BUDGET:
_______________________________ _______________________________
CLIENT SIGNATURE AUTHORIZED SIGNATURE
CLIENT SIGNATURE WILL AMEND THE CONTRACT AS SHOWN AND AUTHORIZES THE WORK TO BE PERFORMED.
N/A Impact on Budget: $15,000
Proposed Contract Total: $159,731
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City of Modesto
Parks, Recreation and Neighborhoods Department
Parks Planning & Development Division
1010 Tenth Street, Suite 4400
P.O. Box 642, Modesto, CA 95353
P.O. Box 642, Modesto, CA 95353 www.modestogov.com Phone: (209) 577-5344 • Fax: (209) 579-5077 EXHIBIT ‘B-1’
AMENDED HOURLY RATES
CONSTRUCTION DOCUMENTATION
FOR THE TRRP NON-MOTORIZED BOAT LAUNCH AND RIVER ACCESS PROJECT The following hourly rates will be used for billable hours within this Agreement effective at the time of approval of the First Amendment to Agreement:
O’Dell Engineering
Landscape Engineer / Architect
Classification:
Principal $280.00
Senior Civil Engineer $215.00
Senior Engineer 2 $200.00
Senior Engineer 1 $185.00
Engineer 2 $180.00
Engineer 1 $170.00
Assistant Engineer 2 $145.00
Assistant Engineer 1 $130.00
Landscape Architect 2 $170.00
Landscape Architect I $160.00
Landscape Designer 3 $155.00
Landscape Designer 2 $145.00
Landscape Designer 1 $135.00
Dry Utility Project Manager 2 $170.00
Dry Utility Project Manager 1 $150.00
CADD Operator 2 $115.00
CADD Operator 1 $95.00
Surveyor Manager $205.00
Senior Surveyor 2 $190.00
Senior Surveyor 1 $170.00
Surveyor 2 $150.00
Surveyor 1 $140.00
Assistant Surveyor 2 $130.00
Assistant Surveyor 1 $115.00
Survey Crew 2-Man (Prevailing Wage) $396.00
Administrative $96.00
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Virginia Corridor – Phase 7
P.O. Box 642, Modesto, CA 95353 www.modestogov.com Phone: (209) 577-5344 • Fax: (209) 579-5077 Flow West
Permitting
Classification:
Principal Engineer Geomorphologist $303.88
Project Manager & Principal Engineer $273.49
Project Manager & Principal Geomorphologist $273.49
Senior Data Scientist / Analyst / Software Engineer $218.79 Project Data Analyst $200.56
Staff Data Analyst $185.22
Junior Data Scientist / Software Engineer $170.17
Junior Software Developer $170.17
Intern $103.32
Principal Engineer / Scientist / Planner $246.14
Senior Engineer $218.79
Senior Fisheries Biologist $218.79
Senior Environmental Planner $218.79
Project Engineer $200.56
Project Engineer $170.17
Staff Planner $170.17
Staff Engineer $151.94
Junior Engineer $151.94
Junior GIS Analyst $151.94
Business Operations Manager $121.55
Project Accountant $91.16
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Virginia Corridor – Phase 7
P.O. Box 642, Modesto, CA 95353 www.modestogov.com Phone: (209) 577-5344 • Fax: (209) 579-5077 Cornerstone Structural Engineering Group
Structural Engineering
Classification:
Principal $280.00
Senior Associate $250.00
Construction Manager $235.00
Associate $220.00
Structural Observer $220.00
Assistant Structural Observer $210.00
Project Administrator $180.00
Senior Engineer $200.00
Project Engineer $185.00
Staff Engineer $175.00
Structural Designer II $160.00
Structural Designer I $150.00
Junior Engineer $130.00
Senior Computer Drafter $150.00
Computer Drafter $140.00
Junior Computer Drafter $130.00
Accounting Assistant $140.00
Administrative Assistant II $125.00
Administrative Assistant I $115.00
Expert Witness Services $600.00
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Virginia Corridor – Phase 7
P.O. Box 642, Modesto, CA 95353 www.modestogov.com Phone: (209) 577-5344 • Fax: (209) 579-5077 Crawford & Associates
Geotechnical Engineering
Classification:
Principal $250.00
Supervisory Engineer/Geologist $180.00
Senior Project Manager $210.00
Project Manager $190.00
Senior Geologist / Environmental $170.00
Senior Engineer $170.00
Project Engineer II $150.00
Project Engineer I $140.00
Staff Engineer $135.00
Administrative Assistant $110.00
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Virginia Corridor – Phase 7
P.O. Box 642, Modesto, CA 95353 www.modestogov.com Phone: (209) 577-5344 • Fax: (209) 579-5077 Far Western Anthropological Research Group
Archaeologist
Classification: Rate Range
Principle Investigator $94.62-$242.67
Geoarchaeologist $89.88-$202.16
Principal Archaeobotanist $144.50-$164.50
Principal Paleontologist $153.61-$173.61
GIS Director $210.63-$230.63
GIS Supervisor $167.50-$187.50
GIS Senior Analyst $98.50-$118.50
GIS Analyst $75.50-$109.88
GIS Technician $66.88-$89.75
Lab Director $92.75-$144.38
Flotation Lab Director $101.38-$121.38
Senior Lab Scientist $92.75-$121.38
Lab Assistant $64.00-$101.25
Tribal Coordinator $75.01-$95.01
Art Director $139.12-$159.12
Production Director $109.71-$129.71
Asst. Production Director $94.19-$114.19
Production/Design Specialist $89.88-$109.88
Production Specialist $82.54-$107.26
Data Analyst $65.44-$92.63
Senior Archaeologist $82.54-$147.25
Staff Archaeologist/Asst. PM $84.13-$104.13
Staff Archaeologist $65.44-$117.06
Senior Paleontologist $85.56-$105.56
Asst. Project Manager $78.38-$120.66
Project Director $124.38-$144.38
Finance Manager $153.13-$173.13
Project Accountant $70.47-$127.13
Accounting Assistant $72.63-$92.63
Operations Supervisor $91.60-$111.60
Logistics Coordinator $75.01-$105.56
Safety Coordinator $100.66-$120.66
Human Resources $100.66-$120.66
Administrative Assistant $58.25-$78.25
Arch Field Technician A $75.50-$95.50
Arch Field Technician B $65.44-$85.44
Arch Field Technician C $52.50-$72.50
Arch Field Technician D $85.56-$105.56
Arch Field Technician E $70.47-$90.47
Arch Field Technician F $55.38-$75.38
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O'DELL ENGINEERINGS INC AND THE CITY OF MODESTO
AGREEMENT THE TUOLUMNE RIVER REGIONAL PARK NON-MOTORIZED
BOAT LAUNCH AND RIVER ACCESS FACILITY DESIGN
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this 26th day of February, 2019, ("Effective Date") by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and O'DELL ENGINEERING Inc., of Modesto CA, a California corporation, hereinafter referred to as "Consultant".
This Agreement is made with regard to the following recitals:
A. The City has determined that Construction Documents should be prepared; Permitting, Bidding and Construction Support are needed for the Tuolumne River Regional Park Neece Drive Non-Motorized Boat Launch and River Access Facility.
B. Consultant represents that it is qualified, willing and able to provide the services to prepare said document( s).
NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:
1. SCOPE OF SERVICES.
Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "project". The Consultant shall perfonn the services as described in Exhibit "A" in a manner compatible with the standards of its profession, and shall produce a complete project that is acceptable to City.
.J.
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2. TERM OF AGREEMENT.
This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.
Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as "project" attached hereto as Exhibit "A" and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this agreement. Consultant shall diligently proceed with the preparation ofthe project and agrees to complete the Conceptual Design Development and Construction Documents within 120 Calendar Days from the effective date of this agreement. Consultant shall diligently proceed with the Permitting, Bidding and Construction Support services of the Project until the completion of items shown in Exhibit "A".
3. COMPENSATION.
Consultant agrees to accept a sum not to exceed $131,574 (maximum , compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.
The Compensation shall be paid pursuant in the manner and at the times set forth below:
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City shall pay Consultant on a time and materials basis for Consultant's actual costs for all work called for in Exhibit "A" to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit "B" attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project.
No retainage will be withheld by City from progress payments due the Consultant. Retainage by the Consultant or subconsultants is prohibited, and no retainage will be held by the Consultant from progress due subconsultants. Any violation of this provision shall subject the violating Consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the Consultant or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE Consultants and subconsultants.
Reimbursable Expenses including all reproduction, delivery and travel expenses will be billed at cost. The total cost for all reimbursable expenses for the Project shall not exceed $2,000, and is included in the not exceed figure of$131,574. It is the responsibility of the Consultant to manage reimbursable expenses to ensure that they do not exceed this budget.
Reimbursable expenses shall be invoiced to the City by monthly invoices and shall itemize the reimbursable expenses incurred during the preceding month and indicate the amount due. ·3·
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Additional services may be authorized by the Department Director in an amount up to, but not to exceed 10% of the agreed maximum compensation, or $13,157. In the event that additional services are deemed necessary, the Consultant shall provide a written request to the Department Director, or designee, indicating the reason for additional work, scope and cost of such work. The Department Director, or designee, shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit "8" and may not exceed the amount requested and approved in writing by the Department Director. In that event, the new total compensation shall not exceed $144,731. If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.
4. OBLIGATIONS OF CONSULTANT.
Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.
Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
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5. PERFORMANCE BY KEY EMPLOYEE.
Consultant has represented to the City that Mike Persak, PE - Project Manager, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that sixteen (16%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person(s).
6. OWNERSHIP OF DOCUMENTSITITLE TO DATA.
Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall, following payment-in-full for services performed under this agreement, become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.
Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract.
All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.
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7. NEWS AND INFORMATION RELEASE.
Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Manager.
8. INTEREST OF CONTRACTOR.
Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.
Consultant warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the consultant; to solicit or secure this contract; and that he/she has not paid or agreed to pay any company or person other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award, or formation of this contract. For breach or violation of this warranty, City shall have the right to annul this contract without liability, or at its discretion; to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
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9. AMENDMENTS.
Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.
Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services.
10. INDEPENDENT CONTRACTOR.
All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.
Consultant has no authority or responsibility to exercise any rights or power vested in the City.
No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.
Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.
Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be -7-
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responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement.
Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.
If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.
It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.
It is further understood and agreed that Consultant must issue W -2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.
As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement. -8-
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11. ASSIGNMENT.
Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent ofthe City in each and every instance.
12. PATENT/COPYRIGHT MATERIALS.
Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.
13. NOTICES.
Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or ( c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
FOR CONSULTANT: Name: O'Dell Engineering
Address: 1165 Scenic Dr, Suite A
Modesto CA, 95350
Attention: Chad Kennedy, P.L.A.
Phone: (209) 571-1765
Facsimile: (209) 571-2466
Email: [email protected]
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FOR CITY: Name:
Address:
Attention:
Phone:
Facsimile:
City of Modesto
P.O. Box 642
Modesto, CA 95353
Nathan Houx
(209) 571-5526
(209) 579-5077
14. INSURANCE REQUIREMENTS.
The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation in the policy, notices of same shall be given to the Risk Manager of the City by mail, return receipt requested, for all of the following stated insurance policies.
In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice ofthe 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.
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(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1 ,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of$I,OOO,OOO for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and $2,000,000 policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.
If at any time any of said policies shall be unsatisfactory to the City or State of California, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City or State of California, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City or State of California, may be forthwith declared suspended or terminated. Failure of the Consultant to -11-
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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 c()ncerning indemnification. The City and State of California, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City and State of California, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City or State of California. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City or State of California; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.
CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY's additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation SUbrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.
For any claims related to this project, the CONSULTANT'S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, -12-
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employees, or volunteers shall be excess ofthe CONSULTANT'S insurance and shall not contribute with it.
15. TERMINATION OF AGREEMENT.
Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.
Termination by Ci1y 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 ofa 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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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 -14-
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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.
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Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee's, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
16. CERTIFIED PAYROLL REQUIREMENT.
For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.
17. INDEMNITY.
The Consultant shall hold the City and State of California, its agents officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages resulting from this agreement, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional wrongful act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.
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Consultant's obligation to defend, indemnify, and hold the City and State of California, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance. The duty to defend obligation of the Consultant shall be limited to the proportionate percentage of any claim arising directly from the Services perform by the Consultant on a comparative fault basis as defined by the California Civil Code 2782.8.
18. DISPUTE RESOLUTION.
All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.
This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented -17-
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by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing ofthe written rejection by City to Consultant.
Otherwise, the claim or claims shall be deemed waived in their entirety.
The "fast track' rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the "fast track" rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made.
Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the "fast track" rules.
Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.
The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees ofthe arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved. -18-
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Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party's actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator's powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.
Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant's failure to do so shall be a breach of this Agreement.
The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator's award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.
19. ENTIRE AGREEMENT.
This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions ofthis Agreement shall be considered valid unless specifically agreed to in writing by all the parties. ·19·
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20. PARTIAL INVALIDITY.
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
21. WAIVER.
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
22. AUDIT.
The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.
Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period offour (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.
23. GOVERNING LAW.
This Agreement shall be governed according to the laws of the State of California.
24. HEADINGS NOT CONTROLLING.
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.
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25. COMPLIANCE WITH LAWS.
Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
26. CITY BUSINESS LICENSE.
Consultant will have a City of Modesto business license. -21-
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2019-~, adopted by the Council ofthe City of Modesto on the 26th day of February, 2019, and CONSULTANT has caused this agreement to be duly executed in duplicate as of the Effective Date.
CITY OF MODESTO,
a municipal corporation
ATTEST:
By C=::£
ADAM U. LINDGREN, City Att
APPROVED AS TO FORM:
CATHERINE TALONGW A, Risk Manager
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O'DELL ENGINEERING, INC,
a California corporation*
By~~~~/~·~~l~~ ____ _ RANDAL O'DELL, President
BY~~t
(Seal)
Consultant's FederallD #77-0416824
'" Corporations -signature altwa (2) officers
required or one (1) officer plus corporate seal
'" LLC - signature of two (2) officers required
Partnership - signature of a partner required
Sole Proprietorship - signature of proprietor
required
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MODESTO
CALIFORNIA
EXI-llBIT 'A'
City of Modesto
Parks Planning and Development Division
1010 Tenth St",t, Sliite 4400
Modesto, CA 95354
SCOPE OF WORK
CONSTRUCTION DOCUMENTATION
FOR THE TRRP NON-MOTORIZED BOAT LAUNCH AND RIVER ACCESS PROJECT PROJECT DESCRIPTION:
The Non-Motorized Boat Launch project will be located just west of the Highway 99 overpass, adjacent to Neece Drive. The project will continue to enhance the recreational opportunities within the TRRP. The project will provide for recreational river access for launching canoes, kayaks, rafts and shallow water rescue watercraft.
The Non-Motorized Boat Launch project will provide for an access road from Neece Drive to an approximate 16-ft. wide x 245-ft. long paved boat launch ramp into the Tuolumne River. There will also be a paved access road from Neece Drive to the boat launch, gravel paved parking lot, asphalt paved parking lot, paved loading and staging area and paved pedestrian access trail. This will also include solar lighting, post and cable fencing and native landscaping. In addition to recreational boat access, the new boat launch will need to provide for emergency response river access.
The work to be accomplished in this project consists of preparation of construction documentation and permitting support for a Non-Motorized Boat Launch Facility at Neece Drive in the Tuolumne River Regional Park in Modesto.
The project will require an experienced full service consultant (team) with the ability to evaluate the existing conditions and make recommendations in a wide range of design services including but not limited to:
structural engineering, civil engineering, landscape architectural, and surveying. This project will also require the services of geotechnical specialists, archeological specialists, habitat restoration specialists and environmental consultants familiar with state and federal requirements and permit processes involving projects adjacent to or in navigable waters of the United States. Design services work shall be prepared by persons licensed by the State of California to undertake the type of design work required by the Project (engineer's/architect's license number to appear on construction contract design documents).
The consultant will need to be familiar with and plans and specifications shall conform with the most recent version of all applicable local building codes (City of Modesto), Stanislaus County Health Department codes, the TRRP Master Plan, TRRP MEIR, TRRP Gateway Precise Plan, Initial Study/Finding of Conformance for the TRRP Gateway Precise Plan, City of Modesto Standards and Caltrans Specifications and Department of Boating and Waterways' Layout, Design and Construction Handbook for Small Craft Boat Launching Facilities.
P.O. Box 642, Modesto, CA 95353 www.modertogtJl!.com PhD"" (209) 571·5344' Fax, (209) 579·5077 #10..
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The permitting will be comprehensive and will include some, if not all, the following items:
• Review of the current Initial Study/Finding of Conformance with the MEIR for this project and preparation of a Phase IIEnvironmental Site Assessment for this project. • Coordinate with all necessary Federal and State agencies to obtain permits for construction of this work. Consultant will be responsible to prepare applications and assist City staff in ensuring the permits are obtained prior to construction.
• Review and coordinate if any Archeologist work is required due to the location of the project being adjacent to the Tuolumne River.
• Review and complete a Biological Memo including: tree and plant species; and wildlife. • Review and complete a Geotechnical evaluation memo.
Funding Requirements
The project will be funded by the State of California Division of Boating and Waterways Non- Motorized Boating Facility Grant Funding Program. The consultant selected will need to be familiar with federal and state requirements and procedures related to the services being requested.
The consultant, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin, gender or sexual orientation in the performance of this contract.
The Construction Documentation will be comprehensive and will include some, if not all, the following items:
• Sensitive Habitat protection plans and removal of non-native species. • Rough grading and Storm Water Pollution Prevention.
• Site preparation, finish grading and drainage.
• Construction Plans and Details for:
o Two-lane asphalt access road
o Single lane concrete v-grooved boat launch ramp (or City accepted alternate material) o Parking lot turnaround area and appropriate traffic circulation o Asphalt parking for single-vehicle(s) and vehicle-trailer(s), and overflow gravel parking area, including applicable paved parking and traffic painted linework and signage. o ADA path of travel between Neece Drive, portable restroom, ADA parking spaces, and the top of the ramp
o Five 22' solar lights
o Information kiosk
o Double hung entry gate
o Project entry signage
o Post and cable fence
• Landscaping to include continuation of Riparian Habitat development using native hydro-seed mix. • Irrigation drawings to establish irrigation point of connection for future use and 1" quick coupler only.
Based on the above, we have provided the following scope of services to be performed in chronological order.
P.O. Box 642, Modesto, CA 95353 wwwmoderlOJjU.COf)} Pholle: (209) 571·5344' Fax: (209) 579·5077 #10..
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Professional Services to Include:
Listed below are tasks and conditions that the consultant is expected to perform and meet on this project. It is not intended that the tasks shown are the only tasks required on this project. The consultant, based on their expertise, shall consider other tasks that are required to complete the intended project and make acijustments as necessary.
TASK #1- PERMITTING
1.1 Kick-off meeting with City Staffto confirm the project description/schedule, obtain information and data regarding the project and to advise the City of Modesto on the approach to be taken in preparing the Phase I!Environmental Site Assessment and Biological Assessment for this project. (Meeting in Modesto #1)
1.2 Conduct a detailed site visit and collect and review all pertinent documentation including but not limited to the TRRP Master Plan, the attached exhibits, the Initial Study/Finding of Conformance for this project and the TRRP Master Plan MEIR.
1.3 Prepare a final project description which will be the basis for the preparation of the permits.
1.4 Conduct and prepare an Administrative Draft Phase I1Environmental Site Assessment as required by CEQA determinations and as directed by City of Modesto Staff.
1.5 Conduct and prepare a Biological Assessment as required by CEQA determinations and as directed by City of Modesto Staff.
1.6 Based on comments from City staff, prepare a final Phase I/Environmental Site Assessment and Biological Assessment.
I. 7 Provide the City with one (1) reproducible original and one (1) electronic copy of the above said document for reproduction and distribution.
1.8 Coordinate and prepare all necessary permit applications and additional information as required by the Department ofFish and Game, San Joaquin Valley Air Quality Control Board, California State Lands, Army Corps of Engineers, Regional Water Quality Control Board, Department of Water Resources, Bureau of Reclamation and any other agency as identified in the Initial Study or as identified by the City of Modesto.
P.O. Box 642, Modesto, CA 95353 www.mjJderfQfjJl!com Pholl" (209) 571-5344' Fax: (209) 579-5077 #10..
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TASK#2-CONSTRUCTIONDOCUMENTATION
2.1 Topographic survey to be provided by the Consultant. Incorporate survey into the construction documentation. The survey shall include existing grades, any above ground utility structures, utility lines, trees identifying size (dbh), type and condition, and all above ground structures.
2.2 Provide geotechnical memo of existing soils as warranted for pavements and minor grading. Finally, provide horticultural soils report for landscape soil preparation. Submit reports to City staff and incorporate recommendations into the 30% construction documents.
2.3 Based on the existing TRRP Master Plan and Exhibits' A, B, C and D', prepare preliminary 30% construction documents including print check plan set, base map with topographic and utility information, outline specifications and cost estimate. Deliver one (I) PDF copy of plans and specifications to City. City staffwill require a minimum of six (6) weeks for review of 30% construction documents.
The completed construction documents for the project will include, at a minimum (as applicable):
a. Title Sheet
b. Existing Conditions and Demolition Plan
c. Underground and Above-Ground Utilities Relocation Plan d. Grading and Drainage Plan (using I' contours, scaled at I "=40' minimum) e. Drainage Details
f. Storm Water Pollution Prevention Plan
g. Site Construction and Layout Plans
h. Layout Plan
I. Utilities Plan, with Irrigation Point of Connection
j. Solar Lighting Plan
k. Solar Lighting Details
l. Site Construction Staking Plan
m. Fencing Plan
n. Fencing Details
o. Planting Plan
p. Planting Details
q. Site & Construction Details
r. Technical Specifications (City will prepare boiler plate specifications) s. Bid form
2.4 Conduct an interdepartmental review session to review City comments. (Meeting in Modesto #3)
2.5 Based on comments received, prepare 60% construction documents including plans, specifications and refined cost estimate including status of permits, comments from outside agencies and preliminary estimate of costs associated with permitting the project. Deliver one (I) PDF copy of plans and specifications to City. Prepare detailed cost estimates for all improvements as per City recommendations. City staff will require a minimum of six (6) weeks for review of 60% construction documents.
P.O. Box 642, Modesto, C4 95353 WJ1JW. motfe.rtQfj)1! com Phone: (209) 571·5344' Fax: (209) 579·5077 #10..
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2.6 Conduct an interdepartmental review session to review City comments. (Meeting in Modesto #4)
2.7 Based on comments received, prepare 90% construction documents including plans, specifications and refined cost estimate, comments from outside agencies and preliminary estimate of costs associated with permitting the project. Deliver one (I) PDF and four (4) hardcopy sets of plans and specifications to City. Prepare detailed cost estimates for all improvements as per City recommendations. City staff will require a minimum of six (6) weeks for review of 90% construction documents.
2:8 Based on comments received, prepare 100% 'Bid Set' construction documents including plans, specifications and detailed estimate. In addition, provide a status of permits and final costs associated with permitting the project. Plans will be prepared to allow for deductive and additive alternates or phased construction as necessary. Deliver one (1) PDF copy of plans and specifications to City.
Present itemized final cost estimate for construction.
2.9 Final Product Due: Provide one (1) printed set of City accepted biddable set; 100% 'Bid Set' stamped/signed printed bond original plans and specifications for reproduction and one (1) digital set (PDF) signed copy of the "Bid Set" plan set, one (I) AutoCAD version 2015 compatible drawings file. Use "D" size plan sheet and City of Modesto Title Block and Standards for Construction Documentation. Use 8.5" x II" sheet, double sided prints for project specification. All final plans & specifications shall be stamped & signed by a registered professional (Landscape Architect or Engineer), as appropriate.
Specifications should be provided in Microsoft Word and organized to match the format requested by the City during the design process. The Consultant must use the City of Modesto typical "front end" documents. Consultants may request additional sections be added to either division and/or recommend changes to the current "front ends". Any changes must be requested in writing and are subject to review and approval by the City. Plans and Specifications shall meet all local, state and federal requirements as necessary. All construction shall be designed to be in accordance with current Americans with Disabilities Act and Title 24 requirements.
TASK #3 - BIDDING AND CONSTRUCTION SUPPORT
(HOURLY RATES WITH $2,000 ALLOWANCE)
3.1 Assist City staff in bidding process as required, including answering questions from bidders.
3.2 Assist City Staff review of shop drawings and submittals as necessary, to be billed hourly per the rate schedule.
3.3 Provide site reviews and prepare reports on construction progress and quality with recommendations for correction of any deficiencies (approximately two (2) field meetings).
3.4 Assist City Staff in determining and processing requests for information and change orders, to be billed hourly per the rate schedule.
3.5 Make final review and report on completed project (one (I) field meeting).
P.O. Box 642, Modesto, CA 95353 ww/U, mode,rtQjJlY com Pholle: (209) 571-5344· Fax: (209) 579-5077 #10..
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PROJECT SCHEDULE:
MILESTONE
Award Design Contract
30% Base Map, Topo
60% Design Completion
90% Design Completion
100% Bid Set Design Completion
Project Close Out
PROPOSED COMPENSATION:
DATE
February 2019
April 2019
June 2019
August 2019
November 2019
November 2020
The following fees are based on the scope of work described previously in Exhibit "A". Payments will be made on a monthly basis when portions of the tasks are completed. The monthly billing should include billable work hours at the Hourly Rates included in Exhibit "B", any sub-consultant bills at the Hourly Rates included in Exhibit "B", and verifiable documentation on any reimbursable expenses incurred.
Task #1 - Permitting (not to exceed) $ 63,577.00
Task #2 - Construction Documentation (not to exceed) $ 65,997.00 Task #3 - Bidding and Construction Support Allowance $ 2,000.00 Total Contract Amount $ 131,574,00
Additional Services (not to exceed budget) $ 13.157.00
Grand Total $ 144,731.00
P.O. Box 642, Modesto, CA 95353 www.mgdertogp/J com Pholl" (209) 571·5344' Fax: (209) 579·5077 #10..
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CITY Of
MODESTO
CALIFORNIA
City of Modesto
Parks, Recreation and Neighborhoods Department
Parks Planning & Development Division
1010 Tenth Street, Suite 4400
P.o. Box 642, Modesto, CA 95353 ... ............ -.--.. ---=-:..::.;",;;:.:.::.:..:...;;:;~=:;;::....::::..:..=.::.::
EXHIBIT 'B'
HOURLY RATES
CONSTRUCTION DOCUMENTATION
FOR THE TRRP NON-MOTORIZED BOAT LAUNCH AND RIVER ACCESS PROJECT The following hourly rates will be used for billable hours within this Agreement and for additional work requested and approved:
O'Dell Engineering
Landscape Engineer / Architect
Classification:
Principal
Senior Civil Engineer
Senior Engineer II
Senior Engineer I
Assistant Engineer I
Landscape Architect II
Landscape Architect I
Dry Utility Project Manager
CADD Operator II
Senior Surveyor II
Surveyor II
Survey Crew 2-Man
P. O. Box 642, Modesto, CA 95353 www.modestogov.com
$210.00
$179.00
$168.00
$158.00
$100.00
$131.00
$121.00
$135.00
$89.00
$160.00
$130.00
$330.00
Phone: (209) 577·5344' Fax: (209) 579·5077
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Virginia Corridor - Phase 7
Flow West
Permitting
Classification:
Principal Engineer Geomorphologist
Project Manager & Principal Engineer
Project Manager & Principal Geomorphologist
Project Manager & Principal Planner
Senior Environmental Engineer
Staff Data Scientist
Staff Engineer / Modeler
Staff Data Scientist
Staff Planner
Staff Engineer
Administrative Support
Cornerstone Structural Engineering Group
Structural Engineering
Classification:
Principal
Associate
Construction Manager
Engineering Manager
Resident Engineer/Structure Representative
Assistant Structure Representative
Project Administrator
Senior Engineer
Project Engineer
Staff Engineer
Structural Designer II
Structural Designer I
Junior Engineer
Senior Computer Drafter
Computer Drafter
Junior Computer Drafter
Accounting Assistant
Administrative Assistant II
Administrative Assistant I
Expert Witness Services
P.O. Box 642, Modesto, CA 95353 www.modestogov.com
$225.00
$200.00
$200.00
$200.00
$175.00
$175.00
$150.00
$150.00
$150.00
$125.00
$100.00
$215.00
$200.00
$160.00
$160.00
$150.00
$140.00
$150.00
$145.00
$130.00
$115.00
$105.00
$100.00
$95.00
$105.00
$100.00
$85.00
$100.00
$80.00
$75.00
$300.00
Phone: (209) 577-5344· Fa,: (209) 579-5077
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Virginia Corridor - Phase 7
Crawford & Associates
Geotechnical Engineering
Classification:
Principal
Supervisory Engineer/Geologist
Senior Project Manager
Project Manager
Planner
Environmental Specialist
Senior Project Engineer / Geologist
Project Engineer II / Geologist II
Project Engineer I / Geologist I
Staff Engineer / Geologist
Drafting
Project Assistant
Technician Prevailing Wage
Technician - Non Prevailing Wage
Far Western Anthropological Research Group
Archaeologist
Classification:
Principle Investigator
Assistant Financial Analyst
Contract Administrator
Geoarchaeologist
GIS
GIS Assistant
Staff Archaeologist
Field Tech A
Production Director
Production Assistant
P.O. Box 642. Modesto. CA 95353 www.modestogov.com
$195.00
$180.00
$175.00
$170.00
$150.00
$145.00
$150.00
$140.00
$130.00
$110.00
$95.00
$68.00
$110.00
$95.00
$152.46
$62.32
$82.28
$87.12
$96.80
$63.55
$62.92
$58.08
$104.96
$60.50
Phone: (209) 577-5344· Fa,: (209) 579-5077
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 23, 2023
Date: May 9, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods Department SUBJECT: First Amendment to the Agreement with O’Dell Engineering, Inc. for the César E.
Chavez Park Renovation Project
CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:
Consider approving a First Amendment to the Agreement with O’Dell Engineering, Inc. for additional tasks related to the preparation of construction documentation for the César E.
Chavez Renovation Project for a new total amount not to exceed $880,667. (Funding Source:
Statewide Park Development and Community Revitalization Program - Proposition 68) STRATEGIC PLAN ELEMENT:
This item is consistent with the following 2020-2025 Strategic Plan Areas of Focus: Quality of Life and Governance and Service Delivery.
BACKGROUND:
César E. Chavez Park is a 6.23-acre City owned park site located in the heart of a diverse urban community in West Modesto. Within César E. Chavez Park is the existing Maddux Youth Center which has been open and available for public use since 1946. Exterior amenities of the park include open green spaces, basketball court, playground, restroom building and small historic monuments.
With community assistance, the Concept Master Plan for the César E. Chavez Park was developed and on November 5, 2019, by Resolution Nos. 2019-500 and 2019-501, Council approved the updated masterplan for César E. Chavez Park and determined that the scope of the project is within the scope of the Modesto Urban Area General Plan Master Environmental Impact Report (SCH No. 2014042081).
On November 10, 2020, by Resolution Nos. 2020-473 and 2020-474, Council accepted a Statewide Park Development and Community Revitalization Program - Round 3 Grant Award of $8,500,000 for the César E. Chavez Park Renovation Project and approved an Agreement with O’Dell Engineering, Inc. for the preparation of the construction documentation for the César E.
Chavez Park Renovation Project.
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City Council, May 23, 2023
First Amendment to the Agreement with O’Dell Engineering, Inc. for the César E. Chavez Park Renovation Project
DISCUSSION:
The original Agreement amount with O’Dell Engineering is $757,780. Since the start of design in early 2021 there have been no additional services requests approved by the Department Director. Per the original Agreement, the Department Director has the authority to authorize additional services in an amount of $37,889, for a total not-to-exceed contract amount of $795,669. This first additional services request for $80,950 exceeds the Department Director’s authority and therefore staff is requesting Council approval of this additional services request.
Since the project design is approximately 75% complete at this time, staff is anticipating that there could be some minor additional services requests in the future. Therefore, staff is requesting that the Department Director retain the authority to approve future additional services requests in the amount of 5% of the new contract total ($838,730), not to exceed additional services budget of $41,937, for a total not-to-exceed contract amount of $880,667. The design phase is expected to be completed by Fall 2023.
On March 20, 2023, at the City’s request, O’Dell Engineering submitted to the City a budget augmentation for additional tasks in excess of the $795,669 authorized in the Original Agreement. The estimated additional tasks resulted in increased costs, totaling $80,950, to the following:
1. Additional Aquatic Center design work to expand the scope of the pool to add a fourth lane, adjust the splash pad design and fully enclose the mechanical building for safety and vandalism purposes
2. Addition of a staff parking lot at the southern corner of the park due to the anticipated need for staff to have designated parking
Staff have reviewed the proposal and recommend approving a First Amendment to the Agreement with O’Dell Engineering, Inc.
FISCAL IMPACT:
Funding for the First Amendment is budgeted in CIP Project 101276 – César E. Chavez Park Renovation Project located in the Capital Grants – CIP Projects Fund (3140).
ANTICIPATED AGREEMENT EXPENDITURES WITH PROPOSED AMENDMENT Original Design Agreement – O’Dell Engineering, Inc. $ 757,780 First Amendment to the Agreement (this request) $ 80,950 5% Additional Services (if needed) $ 41,937
TOTAL $ 880,667
COMMITTEE RECOMMENDATION:
This item was reviewed by the Safety and Communities Committee on May 8, 2023, and the Committee recommended forwarding the item to Council for approval.
CEQA/NEPA REQUIREMENTS:
An Initial Study, Environmental Assessment No. EA/PRN 2019-06 found that the project is within the scope of the project covered by the Modesto Urban Area General Plan Master #11..
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City Council, May 23, 2023
First Amendment to the Agreement with O’Dell Engineering, Inc. for the César E. Chavez Park Renovation Project
Environmental Impact Report (SCH No. 2014042081) and no new environmental document or Public Resources Code Section 21081 findings are required.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving a First Amendment to the Agreement with O’Dell Engineering, Inc. for additional tasks related to the preparation of construction documentation for the César E.
Chavez Renovation Project, increasing the Agreement amount by $80,950, for a new contract amount of $838,730, plus $41,937 in Additional Services (if needed) for a new total amount not to exceed $880,667 and authorizing the City Manager, or his designee, to execute the Amendment.
Approved by:
Laurie A. Smith, Director of Parks, Recreation and
Neighborhoods Department
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. First Amendment to Agreement with O’Dell Engineering
3. Exhibits A & B
4. Original Agreement with O’Dell Engineering
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05/23/2023/PRN/NHoux/Item XX 1 2023-XXX
MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH O’DELL ENGINEERING, INC. FOR ADDITIONAL TASKS RELATED TO THE PREPARATION OF CONSTRUCTION DOCUMENTATION FOR THE CÉSAR E.
CHAVEZ RENOVATION PROJECT, INCREASING THE AGREEMENT AMOUNT BY $80,950, FOR A NEW CONTRACT AMOUNT OF $838,730, PLUS $41,937 IN
ADDITIONAL SERVICES (IF NEEDED) FOR A NEW TOTAL AMOUNT NOT TO EXCEED $880,667 AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,
TO EXECUTE THE AMENDMENT
WHEREAS, on November 10, 2020, by Resolution Nos. 2020-473 and 2020-474, Council accepted a Statewide Park Development and Community Revitalization Program - Round 3 Grant Award of $8,500,000 for the César E. Chavez Park Renovation Project and approved an Agreement with O’Dell Engineering, Inc. for the preparation of the construction documentation for the César E. Chavez Park Renovation Project, and WHEREAS, the original Agreement amount with O’Dell Engineering is $757,780 and per the original Agreement, the Department Director has the authority to authorize additional services in an amount of $37,889, for a total not-to-exceed contract amount of $795,669, and WHEREAS, this first additional services request for $80,950 exceeds the Department Director’s authority and therefore staff is requesting Council approval of this additional services request, which includes:
1. Additional Aquatic Center design work to expand the scope of the pool to add a fourth lane, adjust the splash pad design and fully enclose the mechanical building for safety and vandalism purposes
2. Addition of a staff parking lot at the southern corner of the park due to the anticipated need for staff to have designated parking, and #11..
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05/23/2023/PRN/NHoux/Item XX 2 2023-XX
WHEREAS, since the project design is approximately 75% complete, staff is anticipating that there could be some minor additional services requests in the future, and WHEREAS, staff is requesting that the Department Director retain the authority to approve future additional services requests in the amount of 5% of the new contract total ($838,730), not to exceed additional services budget of $41,937, for a total not-to-exceed contract amount of $880,667.
NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves a First Amendment to the Agreement with O’Dell Engineering, Inc., for additional tasks related to the preparation of construction documentation for the César E. Chavez renovation project, increasing the agreement amount by $80,950, for a new contract amount of $838,730, plus $41,937 in additional services, for a new total amount not to exceed $880,667.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to execute the amended Agreement, in a form approved by the City Attorney. #11..
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05/23/2023/PRN/NHoux/Item XX 3 2023-XXX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 23rd day of May, 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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FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES WITH O’DELL ENGINEERING, INC. FOR
CÉSAR E. CHAVEZ PARK RENOVATION PROJECT DESIGN SERVICES This First Amendment to Agreement for Consultant Services (“First Amendment”) is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and O’DELL ENGINEERING, INC., a California Corporation (“Consultant”) entered into by the parties on the 10th day of November 2020, hereinafter referred to as the “Original Agreement”.
RECITALS
This First Amendment to Agreement for Consultant Services is made with regard to the following recitals:
A. The Original Agreement between City and Consultant was approved via Council Resolution No. 2020-474.
B. Paragraph no. 9 “AMENDMENTS” on pages 6-7 of the Original Agreement for Design Services states “that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work”.
C. Paragraph no. 3 “COMPENSATION” on pages 2-4 of the Original Agreement for Consultant Services specifies the sum of SEVEN HUNDRED FIFTY SEVEN THOUSAND, SEVEN HUNDRED EIGHTY AND 00/100 DOLLARS ($757,780) as the total compensation Consultant agrees to accept for performing all services and furnishing all staffing and materials for the project as well as performance by Consultant of all of its duties and #11..
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obligations required in the Original Agreement. Additional Services may be authorized by the Department Director in an amount up to, but not to exceed, THIRTY SEVEN THOUSAND, EIGHT HUNDRED EIGHTY NINE AND 00/100 DOLLARS ($37,889). In that event, the new total compensation shall not exceed SEVEN HUNDRED NINETY FIVE THOUSAND, SIX HUNDRED SIXTY NINE AND 00/100 DOLLARS ($795,669).
D. On or about March 20, 2023, at the City’s request, Consultant submitted to City a budget augmentation for additional tasks in excess of the $795,669 authorized in the Original Agreement, attached hereto as Exhibit “A-1” to this First Amendment to Agreement.
E. The estimated additional tasks result in increased costs as follows:
1. Additional Aquatic Center design work to expand the scope of the pool to add a fourth lane, adjust the splash pad design and fully enclose the mechanical building for safety and vandalism purposes: $65,450
2. Addition of a staff parking lot at the southern corner of the park due to the anticipated need for staff to have designated parking: $15,500 F. The aforementioned estimated additional tasks increase the amount of the Original Agreement by EIGHTY THOUSAND, NINE HUNDRED FIFTY AND 00/100 DOLLARS ($80,950). The amounts listed above are the estimated level of effort for each task.
In no case shall the total fee exceed the total contract amount under the Original Agreement and this First Amendment to Agreement without memorializing an additional written amendment to the original contract and must be signed by both parties.
G. The parties to the Original Agreement and to this First Amendment to Agreement now understand and agree that it is necessary to modify paragraph no. 1 entitled “SCOPE OF SERVICES” on page 1 of the Original Agreement. #11..
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H. The parties to the Original Agreement and to this First Amendment to Agreement now understand and agree it is necessary to modify paragraph no. 3 entitled “COMPENSATION” on pages 2-4 of the Original Agreement.
I. The parties to the Original Agreement and to this First Amendment to Agreement further understand and agree the Original Agreement is modified solely by the modifications contained in this First Amendment to Agreement and in no other way whatsoever.
All other terms and conditions contained in the Original Agreement remain the same.
NOW, THEREFORE, in consideration of this First Amendment to Agreement, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Consultant Services and this First Amendment to Agreement, the parties agree as follows:
1. The parties agree that each of the recitals set out above is factually true and correct.
2. Paragraph 1 entitled “SCOPE OF SERVICES” on page 1 of the Original Agreement shall be deleted in its entirety and the parties agree to and hereby do substitute the following in its place:
SCOPE OF SERVICES.
Consultant shall undertake and complete the scope of work as set forth and described in the documents attached to the Original Agreement and referred to therein as Exhibit “A” or “Project”. In addition, Consultant shall undertake and complete the scope of work as set forth and described in the documents attached to the First Amendment to Agreement and referred to herein as Exhibit “A-1”. The Consultant shall perform the services as described in the aforementioned Exhibit “A” and Exhibit “A- #11..
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1” in a manner consistent with the profession skill and care ordinarily provided by firms practicing in the same or similar locality under the same or similar circumstances (hereinafter the “Standard of Care”).
3. Paragraph no. 3 entitled “COMPENSATION” on pages 2-4 of the Original Agreement between the parties shall be deleted in its entirety and the parties agree to and hereby do substitute the following in its place:
COMPENSATION.
Consultant agrees to accept a sum not to exceed EIGHT
HUNDRED THIRTY EIGHT THOUSAND, SEVEN HUNDRED
THIRTY AND 00/100 DOLLARS ($838,730) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials in accordance with Exhibit “A” to the Original Agreement and in Exhibit “A-1” to this First Amendment to Agreement attached hereto as well, for performance by Consultant of all of its duties and obligations under the Original Agreement and the First Amendment to Agreement, except that additional services may be compensated as described below.
The compensation shall be paid pursuant to and in the manner and at the times set forth below:
City shall pay Consultant on a time and materials basis for Consultant's actual costs for all work called for in Exhibit "A" to the Original Agreement and Exhibit “A-1” of this First Amendment to Agreement. All work to be performed under this Agreement shall be billed #11..
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either at the hourly rates set forth in Exhibit “B” to the Original Agreement or Exhibit "B-1" to this First Amendment to Agreement.
Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project.
No retainage will be withheld by City from progress payments due the Consultant. Retainage by the Consultant or subconsultants is prohibited, and no retainage will be held by the Consultant from progress due subconsultants. Any violation of this provision shall subject the violating Consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the Consultant or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE Consultants and subconsultants.
Reimbursable Expenses including all reproduction, delivery and travel expenses will be billed at cost plus a maximum of 10%. The total cost for all reimbursable expenses for the Project shall not exceed $3,245.00, and is included in the not to exceed figure of $838,730. It is #11..
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the responsibility of the Consultant to manage reimbursable expenses to ensure that they do not exceed this budget. Reimbursable expenses shall be invoiced to the City by monthly invoices and shall itemize the reimbursable expenses incurred during the preceding month and indicate the amount due.
Additional services may be authorized by the Department Director in an amount up to, but not to exceed 5% of the revised agreed maximum compensation, or $41,937. In the event that additional services are deemed necessary, the Consultant shall provide a written request to the Department Director, or designee, indicating the reason for additional work, scope and cost of such work. The Department Director, or designee, shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B-1” to this First Amendment to Agreement and may not exceed the amount requested and approved in writing by the Department Director. In that event, the new total compensation shall not exceed $880,667. If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of the Original Agreement.
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4. Except as herein amended or modified, the provisions of the Original Agreement are expressly reaffirmed and remain in full force and effect to the extent they are not in conflict with this First Amendment.
IN WITNESS WHEREOF, CITY OF MODESTO, a municipal corporation, has authorized the execution of this First Amendment to Original Agreement for Consultant Services in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. , adopted by the Council of the City of Modesto on the ___ day of ___________, 2023, and O’DELL ENGINEERING, INC., has caused this Agreement to be duly executed as of the Effective date.
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CONTRACT CHANGE ORDER
m:\_finance\38490 cesar e chavez park renovation project pw\extra work\cco01-2023-03-20-cesar chavez-38490.docx
CHANGE ORDER
O’Dell Engineering
p:209.571.1765 | f:209.571.2466
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com Contract Change Order Number: 001
Original Contract Date: November 10, 2020
Client: City of Modesto
Project Number: 38490
Project Name: Cesar E Chavez Park Renovation
Date/Time: March 20, 2023
Description of Change:
As requested by the City via email on 02/09/23, the design team was asked to add a staff parking lot of approximately 14 stall capacity, redesign the aquatic center with a four lane pool, redesign the splash pad to function as a shallow pool (approximately 12’18” depth), and cover and enclose the pool mechanical building. Also included are services to review and coordinate level of magnitude costs for a separate kiddie pool and 6 lane pool upgrade. Anticipated additional design efforts include adjustments by several disciplines (architecture, aquatics, civil, landscape, electrical) and would include the following:
Aquatic Center Re-design
• Prepare conceptual revisions to the site plan for review and approval. • Revise construction documents including:
o Updated aquatics, architectural, and MEP plans
o Updated grading plans
o Updated costing opinion
Deliverables
• Revised site plan
• Revised construction drawings
Cost: $65,450
Parking Lot Design
• Prepare conceptual revisions to the site plan for review and approval. • Revision to geotechnical report to include a parking pavement recommendation • Revise construction documents including:
o Updated site features and horizontal control plans
o Update grading plans
o Updated planting and Irrigation plans
o Updated costing opinion
o Revised electrical plans to detail out card access infrastructure Deliverables
• Revised site plan
• Revised construction drawings
• Revised geotechnical report
Cost: $15,500
Total Cost:$80,950
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M:\_Finance\38490 Cesar E Chavez Park Renovation Project PW\Extra Work\CCO01-2023-03-20-Cesar Chavez-38490.docx
CHANGE ORDER
O’Dell Engineering
p:209.571.1765 | f:209.571.2466
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com 2 IMPACT ON SCHEDULE: IMPACT ON BUDGET:
_______________________________ _______________________________
CLIENT SIGNATURE CONSULTANT SIGNATURE
CLIENT SIGNATURE WILL AMEND THE CONTRACT AS SHOWN AND AUTHORIZES THE WORK TO BE PERFORMED. 3 months Impact on Budget: $80,950
Proposed Contract Total: $838,730
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EXHIBIT ‘B-1’
AMENDED HOURLY RATES
CONSTRUCTION DOCUMENTATION FOR
CÉSAR E. CHAVEZ PARK RENOVATION PROJECT
The following hourly rates will be used for billable hours within this Agreement effective at the time of approval of the First Amendment of Agreement:
O’Dell Engineering
Landscape Engineer / Architect
Classification: Regular Hourly Rate:
Principal $280
Senior Civil Engineer $215
Senior Engineer 2 $200
Senior Engineer 1 $185
Engineer 2 $180
Engineer 1 $170
Assistant Engineer 2 $145
Assistant Engineer 1 $130
Senior Landscape Architect 2 $200
Senior Landscape Architect 1 $180
Landscape Architect 2 $170
Landscape Architect 1 $160
Landscape Designer 3 $155
Landscape Designer 2 $145
Landscape Designer 1 $135
Dry Utility Project Manager 2 $170
Dry Utility Project Manager 1 $150
Utility Engineer $135
CADD Operator 2 $115
CADD Operator 1 $95
Survey Manager $205
Senior Land Surveyor $195
Senior Surveyor 2 $190
Senior Surveyor 1 $170
Surveyor 2 $150
Surveyor 1 $140
Assistant Surveyor 2 $130
Assistant Surveyor 1 $115
Survey Crew 2-man (Prevailing Wage) $396
Administrative $96
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Outside Services & Reproduction: Actual cost plus 10%
Cost of services and expenses charged to O’Dell Engineering by outside consultants, commercial printers, and professional or technical firms engaged in connection with the project.
Travel: Actual cost plus 10%
Mileage, per diem, and subsistence are not normally charged to the client unless specific prior authorization is negotiated between client and consultant.
Aquatic Design Group:
Aquatic Designer
Classification: Regular Hourly Rate:
Principal $235
Project Architect / Engineer $215
Project Manager $195
Designer $155
Clerical $100
Red Inc.
Building Architect
Classification: Regular Hourly Rate:
Principal Architect $190
Senior Project Manager $140
Project Manager $125
Job Captain $110
Project Designer $100
Project Draftsman $90
Project Administrator $80
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Spohn Ranch Skateparks
Skate Plaza Designer
Classification: Regular Hourly Rate:
Principal $200
Skatepark Designer $150
Project Manager $150
Drafter $90
Estimator $75
Civil Engineer $200
Structural Engineer $200
Rendering Artist $90
Administrative $65
Pezzoni Engineering
Electrical Engineer
Classification: Regular Hourly Rate:
Principal Engineer $240
Project Manager $210
Engineer $185
Senior Designer $165
Designer $135
CAD/BIM Specialist $105
Clerical $85
Crawford & Associates
Geotechnical Engineers
Classification: Regular Hourly Rate:
Principal $250
Senior Project Manager $210
Project Manager $190
Senior Engineer/Geologist $170
Project Engineer II $150
Project Engineer I $140
Staff Engineer $135
Administrative Assistant $110
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Justin W. Capp Engineering & Design
Structural Engineering
Classification: Regular Hourly Rate:
Designer $125
Staff Engineer $160
Senior Designer $160
Civil Engineer $190
Structural Engineer $205
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-1-
AGREEMENT
ODELL ENGINEERING, INC
CÉSAR E. CHAVEZ PARK RENOVATION PROJECT DESIGN SERVICES THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of ____, 2020, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and O’DELL ENGINEERING, INC, a California corporation, hereinafter referred to as "Consultant".
This Agreement is made with regard to the following recitals:
A. The City has determined that Construction Documents should be prepared; Permitting, Bidding and Construction Support are needed for the César E. Chavez Park Renovation Project.
B. Consultant represents that it is qualified, willing and able to provide the services to prepare said document(s).
NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:
1. SCOPE OF SERVICES.
Consultant shall undertake and complete the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "project". The Consultant shall perform the services as described in Exhibit "A" in a manner consistent with the professional skill and care ordinarily provided by firms practicing in the same or similar locality under the same or similar circumstances (hereinafter the “Standard of Care”).
DocuSign Envelope ID: 0CEB72C3-1D00-43BF-8241-67C777E16FFF 10th Day of November, 2020
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2. TERM OF AGREEMENT.
This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.
Consultant shall undertake and complete the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as Exhibit "A" and made a part hereof. City hereby gives Consultant notice to proceed with the project in the manner described in Exhibit "A", as of the Effective Date of this agreement. Consultant shall diligently proceed with the preparation of the project and agrees to complete the Conceptual Design Development and Construction Documents within 300 Calendar Days from the effective date of this agreement. Consultant shall diligently proceed with the Bidding and Construction Support services of the Project until the completion of items shown in Exhibit “A”.
3. COMPENSATION.
Consultant agrees to accept a sum not to exceed $757,780 (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.
The Compensation shall be paid pursuant in the manner and at the times set forth below:
City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed DocuSign Envelope ID: 0CEB72C3-1D00-43BF-8241-67C777E16FFF #11..
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-3-
under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project.
No retainage will be withheld by City from progress payments due the Consultant. Retainage by the Consultant or subconsultants is prohibited, and no retainage will be held by the Consultant from progress due subconsultants. Any violation of this provision shall subject the violating Consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the Consultant or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE Consultants and subconsultants.
Reimbursable Expenses including all reproduction, delivery and travel expenses will be billed at cost. The total cost for all reimbursable expenses for the Project shall not exceed $3,245.00, and is included in the not exceed figure of $757,780. It is the responsibility of the Consultant to manage reimbursable expenses to ensure that they do not exceed this budget.
Reimbursable expenses shall be invoiced to the City by monthly invoices and shall itemize the reimbursable expenses incurred during the preceding month and indicate the amount due.
DocuSign Envelope ID: 0CEB72C3-1D00-43BF-8241-67C777E16FFF #11..
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-4-
Additional services may be authorized by the Department Director in an amount up to, but not to exceed 5% of the agreed maximum compensation, or $37,889. In the event that additional services are deemed necessary, the Consultant shall provide a written request to the Department Manager, or designee, indicating the reason for additional work, scope and cost of such work.
The Department Manager, or designee, shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the Department Manager. In that event, the new total compensation shall not exceed $795,669. If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.
4. OBLIGATIONS OF CONSULTANT.
Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, and professional, permits, qualifications legally required to conduct business.
Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant agrees that it will follow the Standard of Care to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
5. PERFORMANCE BY KEY EMPLOYEE.
Consultant has represented to City that Chad Kennedy, PLA , will be the person primarily responsible for the performance of the services referred to in this Agreement.
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City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that thirty-five percent (35%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.
6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.
Ownership of Documents
Upon payment of all outstanding invoices owing to Consultant under this Agreement, all reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.
Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract.
All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.
7. NEWS AND INFORMATION RELEASE.
Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this DocuSign Envelope ID: 0CEB72C3-1D00-43BF-8241-67C777E16FFF #11..
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Agreement, without first obtaining review and approval of said news releases from City through the City Manager.
8. INTEREST OF CONTRACTOR.
Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.
Consultant warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the consultant; to solicit or secure this contract; and that he/she has not paid or agreed to pay any company or person other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award, or formation of this contract. For breach or violation of this warranty, City shall have the right to annul this contract without liability, or at its discretion; to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
9. AMENDMENTS.
Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of DocuSign Envelope ID: 0CEB72C3-1D00-43BF-8241-67C777E16FFF #11..
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work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.
Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services.
10. INDEPENDENT CONTRACTOR.
All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.
Consultant has no authority or responsibility to exercise any rights or power vested in the City.
No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.
Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.
Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement.
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Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.
If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.
It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.
It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.
As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.
11. ASSIGNMENT.
Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.
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12. PATENT/COPYRIGHT MATERIALS.
Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.
13. NOTICES.
Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
FOR CONSULTANT: Name: O’Dell Engineering, Inc.
Attention: Chad Kennedy, PLA
Address: 1165 Scenic Dr, Suite A
Modesto, CA 95350
Phone: (209)681-9378
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Nathan Houx
Phone: (209) 571-5515
Email: [email protected]
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14. INSURANCE REQUIREMENTS.
The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.
In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general DocuSign Envelope ID: 0CEB72C3-1D00-43BF-8241-67C777E16FFF #11..
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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.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and $2,000,000 policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.
If prior to signing this agreement the City shall notify the Consultant if any of said policies is found to be unsatisfactory to the City or State of California, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City or State of California, the Consultant shall promptly terminate this agreement or obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City or State of California, 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, and the indemnification obligations under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under workers’ or workmen’s DocuSign Envelope ID: 0CEB72C3-1D00-43BF-8241-67C777E16FFF #11..
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compensation acts, disability benefit acts or other employee benefit acts. The City and State of California, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City and State of California, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City or State of California. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City or State of California; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.
CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.
For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.
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15. TERMINATION OF AGREEMENT.
Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.
The Consultant may terminate Services if the City breaches the payment or other provisions under this Agreement and fails to cure following seven (7) days written notice of termination.
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.
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Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
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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 DocuSign Envelope ID: 0CEB72C3-1D00-43BF-8241-67C777E16FFF #11..
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accordance with the notice of termination, reduced by any sums previously paid to the Consultant.
Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
16. CERTIFIED PAYROLL REQUIREMENT.
For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.
17. INDEMNITY.
The Consultant shall hold the City and State of California (to the extent it has an insurable interest in the project), officers, employees, and volunteers, harmless from and indemnify (but, for claims alleging professional liability, shall not defend) them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent DocuSign Envelope ID: 0CEB72C3-1D00-43BF-8241-67C777E16FFF #11..
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or intentional wrongful act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.
Consultant's obligation to defend, indemnify, and hold the City and State of California, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance. The duty to defend obligation of the Consultant shall be limited to the proportionate percentage of any claim arising directly from the Services performed by the Consultant on a comparative fault basis as defined by the California Civil Code 2782.8.
18. DISPUTE RESOLUTION.
All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by court of competent jurisdiction. The appropriate venue for any court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.
This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration DocuSign Envelope ID: 0CEB72C3-1D00-43BF-8241-67C777E16FFF #11..
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Association within ninety (90) days after mailing of the written rejection by City to Consultant.
Otherwise, the claim or claims shall be deemed waived in their entirety.
The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made.
Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.
Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.
The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.
Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the DocuSign Envelope ID: 0CEB72C3-1D00-43BF-8241-67C777E16FFF #11..
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arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.
Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.
The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.
19. ENTIRE AGREEMENT.
This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.
20. PARTIAL INVALIDITY.
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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21. WAIVER.
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
22. AUDIT.
The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.
Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.
23. GOVERNING LAW.
This Agreement shall be governed according to the laws of the State of California.
24. HEADINGS NOT CONTROLLING.
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.
25. COMPLIANCE WITH LAWS.
Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall exercise the Standard of Care to fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
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26. CITY BUSINESS LICENSE.
Consultant will have a City of Modesto business license.
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2020- , adopted by the Council of the City of Modesto on the ___day of _______, 2020, and ____________ has caused this agreement to be duly executed in duplicate as of the Effective Date.
CITY OF MODESTO, O’DELL ENGINEERING, INC,
a municipal corporation a California corporation*
By ___________________________ By ________________________________ JOSEPH P. LOPEZ, City Manager Randall O’Dell President
By ________________________________
Chad Kennedy Vice-President
ATTEST:
(Seal)
By ___________________________
STEPHANIE LOPEZ, City Clerk
Consultant’s Federal ID #77-0416824
APPROVED AS TO FORM:
JOSE M. SANCHEZ, City Attorney
By ________________________________
__________________, Special Counsel
APPROVED AS TO FORM:
By ________________________________
CHRISTINA ALGER, Acting Risk Manager
* Corporations - signature of two (2) officers
required or one (1) officer plus corporate seal
* LLC - signature of two (2) officers required
Partnership - signature of a partner required
Sole Proprietorship - signature of proprietor
required
______________________
Randall O’Dell Pr
________________________
Chad Kennedy Vice
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474
O'Dell
Engineering, Inc.
_________________________________________
JILES SMITH, Risk Manager
10th
11/24/2020
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Parks, Recreation and
Neighborhoods Department
Parks Planning and
Development Division
1010 Tenth Street, Suite 4400
Modesto, California 95354
Modestogov.com
EXHIBIT ‘A’
SCOPE OF WORK
CONSTRUCTION DOCUMENTATION FOR
CÉSAR E. CHAVEZ PARK RENOVATION PROJECT
Project Background:
César E. Chavez Park is a (6.25) acre City owned park site located in the heart of a diverse urban community, in west Modesto. Within César E. Chavez Park is the existing Maddux Youth Center which has been open and available for public use since 1949. The Center includes an indoor basketball court, indoor weight room, boxing gym and computer lab. The Maddux Youth Center was most recently renovated in 2004.
Exterior amenities include open green space, basketball court, playground, restroom building and small historic monument(s).
The community aided in the development of a new Concept Master Plan for the César E. Chavez Park in 2019. The Concept Master Plan has been awarded Proposition 68 – California Statewide Park Program, Round 3 Funding.
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Project Description:
The César E. Chavez Park Renovation Project is the complete re-design of the existing park site, within the limits of the park ending at the back of curb. The necessary environmental documentation has been completed for the project.
The work to be accomplished for this project shall consist of preparation of construction documentation compliant with the César E. Chavez Park Concept Master Plan.
Emphasis on value engineering, simplicity, quality design and utilization of new and current energy and water saving technologies will be critical to the success of this project.
The Consultant shall evaluate the existing conditions and make recommendations to the City in a wide range of design services including but not limited to: structural engineering, civil engineering, electrical engineering, building architecture, aquatic design, landscape architectural and surveying and geotechnical specialists.
The Consultant shall be familiar with all applicable adopted local building codes (City of Modesto), City of Modesto Park Design Standards, the existing César E. Chavez Park Concept Master Plan, Design Development Report and Finding of Conformance with the Mitigated Negative Declaration for César E. Chavez Park, California Department of Industrial Relations (CAL-OSHA) Standards for Amusement Rides Approvals and Certification, Competition and Pool Measurement and Certification Standards as set by USA Swimming, and City of Modesto Standard Specifications.
Consultant shall coordinate with all necessary Federal and State agencies to obtain permits for construction of this work. Consultant is responsible to prepare applications and assist City staff in obtaining permits prior to construction.
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Professional Services to Include:
Listed below are tasks and conditions that the consultant is expected to perform and meet on this project. It is not intended that the tasks shown are the only tasks required on this project. The consultant, based on their expertise, shall consider other tasks that are required to complete the intended project and make adjustments as necessary.
The Construction Documentation Package will be comprehensive and will include some, if not all, the following items:
x Rough grading and Storm Water Pollution Prevention of the park site. x Site preparation, grading and drainage of the project site. x Underground storm water system to collect surface water at various drainage inlet locations and redirect water to drainage bio-swale planters and larger bioswale drainage basin. Provide drainage overflow connections to the City’s existing stormwater drainage system.
x A 250-350 total persons Aquatic Center Splash Park with large multi-level aquatic play splash structure with water slide(s), a recreational pool, lounge seating area(s), picnic seating area(s), landscaping, include minimum 8’ tall perimeter barrier and safety fencing, drinking fountain(s) with bottle filler, and field installed buildings (restroom building, locker area/room and changing area/room, mechanical room, equipment storage room(s), concession area, ticketing office and lifeguard office).
o The concessions room will be designed to include space for counter-top equipment (such as food warmers/coolers, product dispensers, soft serve dispensers, soda fountain, etc.), a 3-bin wash sink, a food preparation sink, hand-washing sink, refrigerator(s), freezer(s) and display case(s). o The concessions room will be designed so as not to require a grease trap.
Equipment requiring a grease trap will not be included. o The pool will not be a competition level pool and will be approximately 32’ wide by 75’ long. It will not be heated.
o A simple speaker system will be installed for communication and light background music purposes.
o A perimeter fence up to 10’ tall will be included.
x Building expansion including field installed classroom/multi-purpose rooms to the existing Maddux Youth Center. Rooms to be suitable for exercise, aerobic, community classes and small event gatherings. The location of this classroom(s) expansion will be either attached to the existing building or be incorporated into the aquatics building; this decision must be determined prior to 30% drawings.
Changes in the location after the 30% submittal will incur additional cost. x An approximately 6,000-7,000 square foot skate plaza, with potential future expansion.
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x Concrete paving for pedestrians (ADA accessible, vehicle load rated for maintenance paths associated with the picnic pavilion, restroom building, mechanical room(s) and aquatic center), plazas, pads for benches and picnic pavilion, stage area, accent bands, mow bands and passenger loading zone. x Multi-use open natural turf area(s) for event gatherings and youth soccer field. x Repair and/or restoration to the existing youth playground to restore ADA accessibility.
x Prefabricated steel, minimum 30’ x 30’ Picnic Pavilion with picnic tables and prefabricated group BBQ.
x Full sized basketball court with 10’ perimeter chain link fencing and gates. x Security, area and pathway lighting. (lighting around basketball court, skate plaza, and aquatic center will be at recreational lighting levels - Estimated at 15 total fixtures
x Wired and wireless security camera monitoring system. (conduit only, the system components will be installed by City crews after project completion- Estimated 5 security cameras)
x Site furnishings and signage.
x Entry signage/plazas to the project.
x Minimum 42” park perimeter fencing with gate(s).
x Permanent and removable bollards.
x Flags and flag poles (lighted).
x Three outdoor fitness station areas.
x Utility connections for the project including electrical, gas, phone, sewer, water, storm drainage and others as appropriate. Utility connections will be made onsite when feasible. Connections in the road are the exception to limitations regarding off-site work.
x At least one new park drinking fountain with dog bowl and bottle filler with water and sewer connection as directed.
x New landscaping throughout the entire park site including use of water efficient, native and drought tolerant landscape plants and materials, and significant reduction in overall irrigated turf area.
x Complete replacement of the existing irrigation system with central control (electrical and phone connection) to provide coverage for the entire park site designed to connect to existing irrigation stub-outs.
x Addition of one free-standing play element to the playground x The park-side restroom building will be pre-manufactured and will include two unisex rooms.
x Relocation of the César E. Chavez monument.
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Scope of Services
Task 1: Site Analysis/Data Collection & Review / Design Development Progress Meetings with City Staff:
1.1 Kick-off Organization & Scoping Meeting (Meeting #1): A well-run organizational meeting at the beginning of the project will clear up any unexpected issues before they arise. A meeting will be held with staff, during which our proprietary client communication program is started and the following typical items are discussed:
1. Introduce staff and project partners to the design consulting team.
2. Review objectives of the project, scope of services, deliverable expectations, project schedule, and milestones.
3. Confirm project parameters and limits of work. (Conduct a site review and photo document site conditions.) City will provide full information regarding requirements for the project, including a program which will set forth design objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability, special equipment, systems and site requirements.
4. Collect available data and published material.
5. Establish meeting and presentation schedules, and communication channels with all parties involved.
6. Review and list all applicable design/planning standards, opportunities, and/or challenges anticipated.
7. Coordinate with agency departments, other agencies, and stakeholders.
8. Review project budget and billing requirements.
9. Complete custom client communications program.
1.2 Progress Meetings: After each submittal and subsequent staff review period, a progress meeting with the design team will be held. An agenda will be prepared prior to, and minutes will be provided after, each meeting. It is anticipated that there will be five total progress meetings to be held at the following stages:
1. Following the Preliminary Site Plan submittal
2. Following the Design Development submittal
Preliminary Investigation:
Research objectives will include a detailed review of project history and existing park site information including topographic surveys and soil studies. A site visit will be conducted and site photographs will be taken.
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1.3 Contextual Analysis: Analyze existing elements within the proposed site to guide design. Items such as prevailing winds, soil type, local demographics, as-built drawings, utilities, etc. will be reviewed.
1.4 Topographic Surveying & Mapping: Surveying services in support of this project will include topographic surveying of the existing site and adjacent street improvements, on-site and off-site utilities as needed for points of connection, and extensive detailing of critical features, including: trees, buildings, irrigation equipment, and existing features to remain. The topographic survey data will be collected using the City’s existing horizontal and vertical survey control and benchmarks. All information will be collected with the input and collaboration of both internal and external sub-consultant specialty disciplines to guarantee a focused, but well-rounded product that rises to meet the needs of each of the project’s objectives.
1. Establish horizontal survey control for the project based on the NAD83 horizontal datum using the City of Modesto GPS Control Network per Record of Survey filed in Book 22 of Surveys, at Page 51. Elevations will be based on the NAVD88 vertical datum using City of Modesto benchmarks.
2. Perform cross-section survey of adjoining roadway half-width at 50-foot intervals.
3. Perform topographic survey of all hardscape and softscape, including:
grade breaks, high points, low points. In flat areas, measure spot elevations in a grid pattern at 50-foot intervals.
4. Locate surface-visible utility features and improvements, such as: signs, fences, walls, buildings, striping, driveways, walkways, drainages, structures, lights, poles, bollards, general limits of vegetated or landscaped areas, USA markings, vaults, valves, meters, boxes, pedestals, cleanouts, manholes, drain inlets, catch basins, culverts, outfalls, and standpipes.
5. All trees will be located, including measurement of DBH and dripline.
Trees will be given unique identifiers to coordinate subsequent specialist identification and assessment.
6. At manholes and accessible structures measure invert elevation of all gravity storm drains and sewer pipes. Annotate topographic survey drawing with invert elevation, approximate diameter, and orientation of each pipe visible at the time of the survey. Where access is not practical, O’Dell Engineering shall indicate by notation on the mapping deliverable.
7. Prepare topographic map at a 1” = 20’ scale.
1.5 Geotechnical Investigation: Unusual soil conditions such as expansive soils, fill soils, soils with low bearing capacity (under 2,000 psf), and high water tables are not addressed in this proposal including piles, piers, and/or mat slabs, and dewatering systems.
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1. It is assumed that boring locations are accessible with a truck-mounted drill rig; rights-of-entry will be provided by others; and auger cuttings will be spread on-site.
2. To characterize the subsurface conditions and obtain soil samples for laboratory testing, five to seven soil borings throughout the proposed park to depths ranging from 10 to 50 feet will be drilled. In general, borings within the proposed structure locations will be deeper and shallower borings will be reserved for the planned grass and flatwork areas. Only one boring will be advanced to 50 ft below existing grade for liquefaction analysis.
3. An Engineer/Geologist will direct the sampling and log the boring. At a minimum, the drills will be sampled at 5-foot intervals. The samples will be delivered to the laboratory for evaluation and testing. The drilling contractor will advance the borings with a rubber-tired, truck-mounted drill rig using 6-to 8-inch-diameter hollow and solid stem augers. Standard Penetration Testing (SPT) and Standard California sampling will be performed within the borings to obtain samples and blow count information. The borings will be backfilled according to the County permit requirements.
4. Following the completion of subsurface exploration, boring logs will be reviewed to assess potential restrictive layers and perform infiltration rate testing at two to three locations within the planned ground water recharge basin. The infiltration rate depths will be determined based on the proposed site grades and the soil conditions encountered during our subsurface exploration. For this proposal, it is assumed that the infiltration rate tests will be located approximately 5 to 10 feet below existing grade.
An engineer or geologist will perform the infiltration rate tests in the field using the constant or falling-head test method.
5. Laboratory tests will be performed on representative soil samples obtained from the exploratory borings which may include: moisture content and dry density; grainsize analysis and plasticity index testing; expansion potential; unconfined compression; R-Value; and landscape suitability.
6. Engineering analysis will be prepared and a Geotechnical Report containing the following:
7. Project Description:
a) Summary of subsurface exploration and subsurface conditions; b) Infiltration rates;
c) Laboratory test results;
d) Landscape suitability (horticultural) tests and results e) CBC seismic design parameters for structures (non-site specific); f) Foundation recommendations for structures including minimum depth/width/diameter, allowable support, lateral soil resistance, skin friction, and settlement estimates;
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g) Recommendations for grading and construction, including ground preparation, materials excavation, stability and placement, compaction, trench backfill compaction, and OSHA soil types for use by the design team;
h) Pavement section recommendations;
i) Minimum unreinforced flatwork sections;
j) Risk management and limitations;
k) Vicinity Map;
l) Site Plan with current and previous boring and infiltration test locations; and
m) Boring logs with laboratory test results
1.6 Utility Investigation: A comprehensive utility investigation will be completed to determine what utilities are available, their locations, and utility depth within the project limits of work. Available as-built and original design drawings will be reviewed, utility request letters will be sent to all applicable utility companies, and site investigation will be used to make determinations.
Potholing will not be performed. Utility locations will be based on as-built drawings and information from utility departments and companies.
1.7 Playground Inspection: One of O’Dell’s Certified Playground Safety Inspectors, and Certified Accessibility Specialists will review the playground and determine any necessary upgrades, renovations, or replacements in order to bring the playground into conformance with current ASTM, Title 24, and Department of Justice codes and regulations.
1.8 Arborist Inspection: O’Dell’s International Society of Arboriculture Certified Arborist will review all trees on site and provide data to the team for inclusion of information into the Tree Protection Plan. The review will include tree species, size (diameter at breast height - DBH), general health condition, recommendation for removal or preservation, and any suggested mitigation.
The Arborist will also work with the team to determine appropriate protection measures and specification requirements during construction.
Deliverables:
1. Topographical Plan in PDF format
2. Resolved Boundary in PDF format
3. Record of Survey Map in PDF format
4. Draft Geotechnical Report in PDF format
5. Playground Audit Report in PDF format
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Design Development:
1.9 Public Outreach - Community Meetings (Meeting #2 and #3): The O’Dell team (including Spohn Ranch staff) will schedule two meetings with the public, prepare audio/visual presentations, provide design for meeting announcements, coordinate online announcements, and arrange venues for these meetings. Interactive real-time polling will be used at meetings to gather data from those who are too reserved to speak up, and online surveys will be conducted to solicit input from those who are unable to attend meetings. One meeting will occur prior to site plan development, and one meeting will be held after the conceptual plan has been submitted. This effort does not include postage, facility fees, or printing costs for outreach efforts.
1.10 Preliminary Site Plan Development: Following site analysis and public outreach efforts, the design team will prepare a revised site plan based off of the original master plan. Revisions will reflect changes based on site limitations and opportunities, community input, and conversations with City staff about specific design features. This is a crucial step to limit revisions later in the process and to avoid inefficient uses of time and resources. This site plan will be drawn with actual topographic data, to scale, and will be a black and white drawing depicting all proposed park features and amenities.
1.11 Design Development Report: A Design Development Report will be prepared for City staff to convey clearly the project and its many facets. This report will help identify, clarify, and simplify any major design decisions early in the process. The report at a minimum will include:
1. Preliminary cost estimate
2. References/catalog cut sheets for materials and equipment
3. Preliminary skate features and orientation
4. Proposed construction methods for structures and facilities
5. Cost benefit analysis
1.12 Design Development Drawings (35% PS&E): The Design Development Drawing package includes drawings to convey general engineering and design concepts. This service will include the following preliminary plan sheets at a minimum:
1. Cover sheet and project information
2. Site plan
3. Existing conditions plan
4. Tree protection plan (ISA Arborist reviewed)
5. Grading, drainage, and utilities plan
6. Site finishes and furnishings plans
7. Skate park pre-cast feature site plan
8. Aquatic Center Wet play & pool drawings
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9. Irrigation plans
10. Planting plan
11. Electrical plans
12. Major construction details
13. Building / Restroom/and other structure sections, and plans
14. Technical specifications table of contents
Deliverables:
1. Print-ready public meeting flyer in PDF format
2. Digital PowerPoint presentation for public meetings
3. Raw data from public meetings
4. Site plan in PDF format
5. Design Development Report in PDF or Word format
6. 35% drawings in PDF format and four hard copy full size drawing sets.
7. 35% estimates and quantities in PDF format
8. Technical specifications TOC in PDF and Word formats
9. Updated project schedule with critical path milestones Task 2: Construction Documentation
2.1 Progress Meetings: After each submittal and subsequent staff review period, a progress meeting with the design team will be held. An agenda will be prepared prior to, and minutes will be provided after, each meeting. It is anticipated that there will be five total progress meetings to be held at the following stages:
1. Following the 60% (Meeting #4), 90% (Meeting #5), and 100% PS&E submittals
2.2 Construction Documents (PS&E): Following the approval of a final site plan, the team will prepare final site improvement plans for permitting. Improvement plans include routine information normally required by governing agencies.
The scope of work will include three packages: 60% construction documents with draft specifications, 90% construction documents with updated specifications, and 100% documents including final specifications. This service will include the following tasks:
Improvement Plans - Plans may include the following sheets, but are subject to change as the parameters, needs, and existing conditions of the project formalize:
1. Cover sheet
2. Notes and conditions
3. Site plan
4. Existing conditions and demolition plan
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5. Tree protection plan (ISA Arborist reviewed)
6. Underground utilities plan
7. Grading and drainage plans
8. Erosion control plans
9. Horizontal control plan
10. Site finishes and furnishings plans
11. Enlargement plans (ex. playground, sport courts, fencing plans, etc.)
12. Irrigation plans and water use calculations
13. Planting plan
14. Electrical plans and Title 24 calculations
15. Construction details
16. Restroom/shade structure sections, plans, and details
17. Structural drawings /calculations for walls, footings, and details
18. Skate plaza design sheets
19. Building/structure drawings
20. Aquatic Center Wet play & pool drawings
21. As-built drawings as appropriate for reference
22. Updated construction quantities and estimates
23. Draft & final technical specifications (City will provide boilerplate specifications)
24. Draft & final storm water pollution prevention plan (SWPPP) & NPDES permit coordination
25. Stanislaus County Health Services Agency submittal package at 90% phase
2.3 Bid Package: Following the approval of the 100% PS&E drawings, the team will prepare a final bid package. The bid package will include:
1. Front end documents (provided by the City)
2. Stamped and signed cover sheet
3. Bid forms
4. Bid item descriptions
5. Final stamped and signed PS&E
6. Final stamped and signed technical specifications
7. Final cut sheets for important features and materials
8. Geotechnical Report
9. Structural package
10. Updated construction quantities and estimates
Deliverables:
1. Final Geotechnical Report in PDF format
2. Final structural design package in PDF format
3. 60%, 90%, & 100% drawings in PDF format and four hard copy full size drawing sets.
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5. Technical specifications TOC in PDF and Word formats
6. 60% & 90% updated project schedule with critical path milestones in PDF format
7. SWPPP document in PDF format
8. Final bid package in PDF format
9. Updated construction quantities and estimates
Task 3: Aquatic Center Branding & Promotional Materials
3.1 Marketing Campaign Development Meeting (Meeting #6): A meeting will be held between staff and the design team prior to completion of 90% PS&E to start the development of a marketing campaign to brand and promote the project. This meeting is crucial to determine what information should be included in the marketing campaign.
3.2 Marketing Campaign: The O’Dell team, led by a marketing professional, will develop a comprehensive marketing campaign designed to create interest in the project, build a client base, and generate revenue for the management and upkeep of the project. The campaign will be built on a model that provides a road map for existing City staff to implement and sustain the campaign. The campaign will include:
1. Targeted demographics
2. Strengths, Weaknesses, Opportunities, and Threats (SWOT) analysis
3. Similar project benchmarks
4. Schedules for roll-out
5. Project logo to tie all marketing materials together (and potentially for use on signs at the entry of the facility)
6. Recommendations and guidelines for digital media, printed media, and website media
3.3 Campaign Implementation: The O’Dell team will provide direction to staff on how to implement the campaign including a set of guidelines on optimal post scheduling (this should start before construction is complete to create interest in the community) for maximum exposure for each platform, methods for distribution of printed materials, and language for website updates. All marketing materials will be provided in Spanish & English (other languages also available if needed and upon request). The design team will not provide custom photography of the project, or custom images for the marketing toolkit. Any custom imagery, if desired, will be provided by the City. The following toolkit will be provided for staff to utilize during the implementation phase. Actual implementation phase of marketing campaign will not be provided (i.e. digital posting, distribution, etc.).
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1. 5.5” x 8.5” Digital file for printing of a grand opening flyer
2. Digital file for grand opening posting on social media sites
3. Digital file set for highlighting general information on social media sites
4. 5.5” x 8.5” Digital file for printing of a general informational flyer highlighting daytime uses of the Aquatic Center
5. 5.5” x 8.5” Digital file for printing of a general informational flyer highlighting birthday party and rental uses of the Aquatic Center
6. 5.5” x 8.5” Digital file for printing of a general informational flyer highlighting evening uses of the Aquatic Center
Deliverables:
1. Meeting agenda in PDF format
2. Meeting minutes in PDF format
3. Draft & final marketing campaign documents in PDF format
4. Campaign Toolkit
Task 4: Bidding / Construction Support
Bid Services & Project Management:
4.1 Bidding Support: O’Dell Engineering will perform bidding and contract award services to assist the City with selecting the appropriate contractors and product manufacturers. This task will be allowance based. Services up to the limits of the allowance may include the following:
1. Attend pre-bid meeting
2. Respond to RFIs
3. Prepare of Addenda and Transmittals (as needed)
Potential Deliverables:
1. Meeting agenda in PDF format
2. Meeting minutes in PDF format
3. RFI responses in PDF format
4. Plan revisions in PDF format
4.2 Construction Support: O’Dell Engineering will perform construction support services throughout the project’s completion utilizing the E-Builder platform.
This task will be allowance based. Services up to the limits of the allowance may include the following:
1. Attend pre-construction meeting (Meeting #7)
2. Review and approve Contractor’s schedule, RFIs, and submittals
3. Review change orders
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4. Playground safety audit by an in-house Certified Playground Safety Inspector
5. Review of damaged trees during construction and preparation of instructions for mitigation of damage
6. Review shop drawings and submittals
7. Prepare as-built drawings from contractor maintained field drawings
8. Construction observation site visits to review site finishes, at irrigation installation phase, for plant review and approval prior to planting, during playground installation, following structural installations but prior to final surface covering, a final punch list walk, etc. Includes the following site visits (Approximately six-(6) Meeting):
a) Skate plaza construction conformance site visits
b) Electrical construction conformance site visits
c) Architectural construction conformance site visits
d) Aquatic Center construction conformance site visits
e) Site progress visits to review rough grading, site finishes (concrete, sport surfacing, etc.), irrigation installation, for plant review and approval prior to planting, following playground retrofits, following structural installations but prior to final surface covering.
9. Make final review and report on completed projects (Meeting #14) Potential Deliverables:
1. Meeting minutes in PDF format
2. Submittal & RFI responses in PDF format
3. Site observation memos in PDF format
4. Supplemental instructions as needed in PDF
5. As-built drawings in PDF and AutoCAD format
Task 5: Reimbursables
O’Dell Engineering will request reimbursement for prints, posters, mileage and other reimbursable costs incurred.
Limitations and Understandings:
1. All governmental/regulatory fees to be provided by the City.
2. It is assumed that building permits for pre-manufactured structures will be deferred until construction and obtained by the contractor.
3. Does not include any adjustments to City standard details.
4. This scope does not include revisions to the plans due to site plan changes, and/or significant client requested changes at 90% submittal stage or later, including revisions due to bid results or resulting value engineering efforts.
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5. Does not include structural calculations for prefabricated structures, flag poles, walls less than 30” tall, or any related footings.
Project Schedule:
Anticipated milestones for this project are as follows:
Milestone Date
Award design contract November 2020
Design development (35%)
Design completion (60%)
Design completion (90%)
Design completion (100%)
Bid set submittal
February 2021
May 2021
July 2021
August 2021
September 2021
Proposed Compensation:
The following fees are based on the scope of work described previously in Exhibit “A”. Payments will be made on a monthly basis when portions of the tasks are completed. The monthly billing should include billable work hours at the Hourly Rates included in Exhibit “B”, any sub-consultant bills at the Hourly Rates included in Exhibit “B”, and verifiable documentation on any reimbursable expenses incurred.
Task #1 – Site Analysis/Data Collection & Review / $ 211,718.00 Design Development (not to exceed)
Task #2 – Construction Documentation (not to exceed) $ 459,178.00 Task #3 – Aquatic Center Branding & Promotional Materials $ 25,840.00 (not to exceed)
Task #4 – Bidding / Construction Support (not to exceed) $ 57,799.00 Task #5 – Reimbursables (not to exceed) $ 3,245.00
Total Contract Amount (not to exceed) $ 757,780.00
Additional Services (not to exceed) $ 37,889.00
Grand Total (not to exceed) $ 795,669.00
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EXHIBIT ‘B’
HOURLY RATES
CONSTRUCTION DOCUMENTATION FOR
CÉSAR E. CHAVEZ PARK RENOVATION PROJECT
The following hourly rates will be used for billable hours within this Agreement and for additional work requested and approved:
O’Dell Engineering
Landscape Engineer / Architect
Classification: Regular Hourly Rate:
Principal $215
Senior Civil Engineer $185
Senior Engineer 2 $175
Senior Engineer 1 $165
Engineer 2 $155
Engineer 1 $145
Assistant Engineer 2 $125
Assistant Engineer 1 $110
Senior Landscape Architect 2 $170
Senior Landscape Architect 1 $155
Landscape Architect 2 $135
Landscape Architect 1 $125
Landscape Designer 2 $115
Landscape Designer 1 $105
Dry Utility Project Manager 2 $150
Dry Utility Project Manager 1 $135
Utility Engineer $121
CADD Operator 2 $95
CADD Operator 1 $80
Senior Land Surveyor $180
Senior Surveyor 2 $165
Senior Surveyor 1 $150
Surveyor 2 $135
Surveyor 1 $125
Assistant Surveyor 2 $110
Assistant Surveyor 1 $100
Survey Crew 2-man (Prevailing Wage) $345
Administrative $90
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Outside Services & Reproduction: Actual cost plus 10%
Cost of services and expenses charged to O’Dell Engineering by outside consultants, commercial printers, and professional or technical firms engaged in connection with the project.
Travel: Actual cost plus 10%
Mileage, per diem, and subsistence are not normally charged to the client unless specific prior authorization is negotiated between client and consultant.
Aquatic Design Group:
Aquatic Designer
Classification: Regular Hourly Rate:
Principal $195
Project Architect / Engineer $175
Project Manager $155
Designer $110
Clerical $60
Red Inc.
Building Architect
Classification: Regular Hourly Rate:
Principal Architect $175
Senior Project Manager $125
Project Manager $110
Job Captain $95
Project Designer $85
Project Draftsman $75
Project Administrator $65
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Spohn Ranch Skateparks
Skate Plaza Designer
Classification: Regular Hourly Rate:
Principal $150
Skatepark Designer $140
Project Manager $140
Drafter $90
Estimator $75
Civil Engineer $200
Structural Engineer $190
Rendering Artist $90
Administrative $65
Pezzoni Engineering
Electrical Engineer
Classification: Regular Hourly Rate:
Principal Engineer $210
Project Manager $180
Engineer $160
Senior Designer $140
Designer $110
CAD/BIM Specialist $90
Clerical $70
Crawford & Associates
Geotechnical Engineers
Classification: Regular Hourly Rate:
Principal $200
Project Manager $175
Senior Engineer/Geologist $155
Project Engineer II $145
Project Engineer I $135
Staff Engineer $115
Drafter $95
Project Assistant $70
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Justin W. Capp Engineering & Design
Structural Engineering
Classification: Regular Hourly Rate:
Designer $125
Staff Engineer $145
Senior Designer $145
Structural Engineer $195
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Attachment “A”
César E. Chavez Park Concept Master Plan
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CÉSAR E. CHAVEZ PARK, CONCEPT MASTER PLAN
PROPOSITION 68 GRANT APPLICATION Parks Planning and Development Division July 2019 MP
SOCCER FIELD
(U-12)
14,250 SQ. FT.
EXISTING MADDUX
YOUTH CENTER
SPLASH PARK/
AQUATIC CENTER
FITNESS
STATION
BASKETBALL
COURTS
SIERRA DRIVE
FITNESS
STATION
FITNESS
STATION
SKATE PLAZA POOL
EXISTING
PLAYGROUND
PICNIC
PAVILION
RESTROOM
DROP-OFF
ZONE
4TH STREET
3RD STREET
G STREET
N
STAGE
625 SQ. FT.
BUILDING
EXPANSION
EXCERISE WALKING PATHS
EXCERISE WALKING PATHS
GROUNDWATER RECHARGE
BASIN, RAIN GARDEN
STREET-SIDE PARKING
STREET-SIDE PARKING
STREET-SIDE PARKING
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Attachment “B”
Non-Discrimination Clause
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Non-Discrimination Clause
(To be included in Consultant Contract)
NON-DISCRIMINATION CLAUSE
During the performance of this Contract, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.).
The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. 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.
Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract.
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AGREEMENT TRANSMITTAL SHEET
Subject of Agreement:
Vendor Name: Division:
Contact Person: Extension:
Attorney Reviewer Name:
PINS Approval Business License
Council Agenda Report 700 Form (for Consultants)
Unsigned Resolution W-9
X
X - ON File N/A __ x
x
x
Frank Splendorio David Paladini 75339 O'Dell Engineering PRND, PPD Cesar E Chavez Park renovation Design Agreement DocuSign Envelope ID: 0CEB72C3-1D00-43BF-8241-67C777E16FFF #11..
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MODESTO CITY COUNCIL
RESOLUTION NO. 2020-474
RESOLUTION APPROVING AN AGREEMENT WITH O’DELL
ENGINEERING, INC., OF MODESTO, CA FOR THE PREPARATION OF CONSTRUCTION DOCUMENTATION (DESIGN) FOR CESAR E. CHAVEZ PARK RENOVATION PROJECT IN THE AMOUNT OF $757,780, PLUS $37,889
FOR ADDITIONAL SERVICES, IF NEEDED, FOR AN AGREEMENT TOTAL NOT TO EXCEED $795,669 AND AUTHORIZING THE CITY MANAGER, OR
HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the California State Department of Parks and Recreation received approximately $650 million in funding from Proposition 68 for this program and awarded grants totaling $250 Million in this round of funding toward park development and renovation, and
WHEREAS, on February 20, 2020,staff received notification from the California State Department of Parks and Recreation that the Cesar E. Chavez Park Renovation Project was selected for funding, and
WHEREAS, a Request for Proposals (RFP) for the project was issued on April 30, 2020, and proposals from 9 consultants were opened on June 10, 2020 pursuant to Administrative Directive 3.1, and
WHEREAS, the 4 most qualified firms were formally interviewed by a selection committee on June 18, 2020 and ranked by qualifications, and WHEREAS, based on the results of the RFP, staff recommends approval of an agreement with O’Dell Engineering Inc., of Modesto, CA to complete the Construction Documentation for the Construction Documentation (Design) for Cesar E. Chavez Park Renovation Project in the amount of $757,780, and
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WHEREAS, staff recommends a 10% additional services budget in the amount of $37,889 to allow for additional services change orders due to unforeseen conditions, delays or expenses for an agreement total not to exceed $795,669.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it approves an agreement with O’Dell Engineering, Inc., of Modesto, CA for the preparation of construction documentation (design) for Cesar E. Chavez Park Renovation Project in the amount of $757,780, plus $37,889 for additional services, if needed, for an agreement total not to exceed $795,669.
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to execute the agreement in a form approved by the City Attorney. 11/10/2020/PRND/NHoux/Item 15 2 2020-474
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of November, 2020, by Councilmember Kenoyer, who moved its adoption, which motion being duly seconded by Councilmember Ridenour, was upon roll call carried and the resolution adopted by the following vote:
Councilmembers: Ah You, Grewal, Kenoyer, Madrigal, Ridenour, Zoslocki, Mayor Brandvold
AYES:
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
STEPHANIE LOPEZ, City Clerk
(SEAL)
APPROVED AS TQsFORM:
BY:
SE M. SANCHEZ, CifyAttomey
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INFO CONTRACT NUMBER PROJECT NUMBER PROJECT NAME DEPARTMENT NAME PROJECT STATUS = e Cesar E Chavez Park Renovation Project Parks, Recreation and Neighborhoods General Liability
Manual Entry
06/21/2020 — 06/21/2021
Policy: PSB0003049
Insurer: RLI Indemnity Company
Automobile Liability
Manual Entry
06/21/2020 — 06/21/2021
Policy: PSA0002365
Insurer: RLI Indemnity Company
Excess
Manual Entry
06/21/2020 — 06/21/2021
Policy: PSE0001041
Insurer: RLI Indemnity Company
Workers Compensation
Manual Entry
09/01/2020 — 09/01/2021
Policy: PSW0001183
Insurer: RLI Indemnity Company
Professional/Liability
Manual Entry
06/21/2020 — 06/21/2021
Policy: PAAEP0112101
Insurer: Arch Insurance Company
Requirements Notes:
Approved CariM 9/22/20
e O'Dell Engineering, Inc.
Overall Status: APPROVED
APPROVED
Required Policies
Each Occurrence: $2,000,000
Fire Damage (any one fire): $1,000,000
Med.exp (any one person): $10,000
Personal/adv Injury: $2,000,000
General (Aggregate): $4,000,000
Products-comp/op Agg: $4,000,000
APPROVED
Combined Single Limit (Ea Accident): $1,000,000
Bodily Injury (Per Person): $
Bodily Injury (Per Accident): $
Property: $
APPROVED
Limit: $5,000,000
APPROVED
E.L. Each Accident: $1,000,000
E.L. Disease - Ea Employee: $1,000,000
E.L. Disease - Policy Limit: $1,000,000
APPROVED
Limit: $2,000,000
APPROVED
Required Documents
User Uploaded Documents
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Business License Confirmation 11.23.2020
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
November 10, 2020
Date: October 13, 2020
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods SUBJECT: Accept $8.5 Million in Proposition 68 Grant Funding, Approve Agreement with O’Dell Engineering for Design Services of César E. Chavez Park Renovation Project and amending the Fiscal Year 20/21 Capital Improvement Program Budget
CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:
Consider accepting Proposition 68 Statewide Park Development and Community Revitalization Program - Round 3 Grant Award of $8,500,000; approving an Agreement with O’Dell Engineering, Inc., of Modesto, CA for the preparation of construction documentation (design) for César E. Chavez Park Renovation Project in the amount of $757,780, plus $37,889 for additional services, if needed, for an agreement total not to exceed $795,669; and amending the Fiscal Year 20/21 Capital Improvement Program Budget as outlined in Attachment A. (Funding Source: Statewide Park Development and Community Revitalization Program - Proposition 68) STRATEGIC PLAN ELEMENT:
This item is consistent with the following 2020-2025 Strategic Plan Area of Focus: Quality of Life and Governance and Service Delivery.
BACKGROUND:
Proposition 68 (2018 Bond Act) originated as SB5, also known as The California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 and was passed by the voters in June of 2018. Proposition 68 authorized $4 billion in general obligation bonds for state and local parks, environmental protection and restoration projects, water infrastructure projects, and flood protection projects. The funding generated by the bonds was distributed to various state agencies to use or to administer grants to local agencies. One such program is the Statewide Park Development and Community Revitalization Program administered by California State Department of Parks and Recreation. This is a competitive program that focuses on creating new parks and recreation opportunities in critically underserved communities across California. The California State Department of Parks and DocuSign Envelope ID: 0CEB72C3-1D00-43BF-8241-67C777E16FFF #11..
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City Council, November 10, 2020
Accept $8.5 Million in Proposition 68 Grant Funding, Approve Agreement with O’Dell Engineering for Design Services of César E. Chavez Park Renovation Project and amending the Fiscal Year 20/21 Capital Improvement Program Budget